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Full text of "Reports of proceedings .."

BOSTON PUBLIC LIBRARY 



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BOSTON PUBLIC 



LIBRARY 



Form No. 1374—5/75 



CITY COUNCIL 



CITY OF BOSTON 



INAUGURAL EXERCISES 



Faneuil Hall 
Boston, Massachusetts 

January 7. 2002 

The ceremonies attending the inauguration of the 
Honorable Thomas M. Menino as Mayor of the City of 
Boston and the administration of the oath of office to 
the Members of the City Council of the City of Boston 
were held in Faneuil Hall, Boston, Massachusetts, at 10 
a.m., when Mayor Menino and the Members — Elect of 
the Council entered the hall in a procession headed by 
City Clerk Rosaria Salerno and City Messenger Ron 
Cobb to the strains of music by the Commonwealth 
Brass Quintet, accompanied by a Color Guard of the 
Boston Police and Fire Departments. 

They took their seats, and the meeting was called to 
order by City Clerk Salerno. 

"The Star — Spangled Banner" was then sung. 

City Clerk Salerno then presented His Eminence, 
Bernard Cardinal Law. Archbishop of Boston, who 
delivered the Invocation. 

City Clerk Salerno read a communication from the 
Board of Election Conrmissioners certifying the elec- 
tion of Thomas M. Menino of 102 Chesterfield Street, 
Hyde Park, as Mayor of Boston. 

The oath of office was then administered to Mayor 
Menino by the Honorable Regina L. Quinlan, Associate 
Justice of the Superior Court of Massachusetts. 

City Clerk Salerno read a communication from the 
Board of Election Commissioners certifying the elec- 
tion of the Members of the Cify Council as follows: 

City Council at Large: 
Francis M. Roache. 29 Beaufield Street. 
Michael F. Flaherty, 1726 Columbia Road. 
Maura A. Hennigan, 56 Woodland Road. 
Stephen J. Murphy, 933 Metropolitan Avenue. 

City Council by District: 

Paul Scapicchio. 480 Commercial Street, District 1. 
James M. Kelly, 5A Bantry Way, District 2. 
Maureen E. Feeney, 160 Milton Street, District 3. 
Charles Calvin Yancey. 3 Hooper Street, District 4. 
Daniel F. Conley, 55 Badger Road. District 5. 
John M. Tohin, Jr. 9 Cass Street. District 6. 
Chuck Turner. 63 Beachland Street. District 7. 
Michael R Ross. 45 1/2 Garden Street. District 8. 
Brian Honan, 6 Maple Street, District 9. 

A roll of the Members — elect of the City Council was 
called by City Clerk Salerno, and it appeared that all the 
Members — elect of the City Council, with the exception 
of James M. Kelly, were present. James M. Kelly was 
later sworn in the Council Chamber. City Hall, prior to 
the City Council meeting by City Clerk Rosaria Salerno. 

The oath of office was administered to the 
Members — elect of the Boston City Council by his 
Honor. Mayor Thomas M. Menino. 

A inusical selection was then perfornicil by the 
Commonwealth Brass Quintet. 

Mayor Menino was introduced h>' his son. Thomas 
M. Menino. Jr 



MAYOR THOMAS M. MENINO: 

Thank you, Tom. You can just sit down now and I'll 
deliver my remarks. Cardinal Law, thank you for being 
here today. Senator Kerry, Representative Capuano, 
Governor Swift, State Treasurer Shannon O'Brien. 1 see 
the Secretary of State Galvin here, the Boston 
Delegation. I thank you for being here today, and those 
kids better keep quiet down there. The City Councilors, 
thank you and congratulations to you. I think that a lot 
is made of the Mayor and the City Councilors, but over 
the last few years we've accomplished a lot together, and 
yet that's why the City works better today than ever 
before. I thank them all for their time. 

Everyone understands that you do not reach a posi- 
tion of leadership without a tremendous amount of 
effort from others. So let ine congratulate the most 
important person in the room, my wife Angela. She's a 
real hero. Let me tell you. My daughter Susan and her 
husband Billy, and my son Tommy, who did a fabulous 
job, and his wife Lisa. 

A lot of the history of this beloved city and remark- 
able country was inade in this hall. You cannot live in 
Boston without being reminded every day of the people 
who built this city. You cannot stand at this podium and 
not be humbled. Think of all those who came before us. 

This is my third inaugural address where I have the 
opportunity to thank the people of Boston for the honor 
of being steward of this legendary municipality. I cannot 
begin a new term of office, in a new century, without 
acknowledging our storied past. 

From this stage, Susan B. Anthony made the case for 
women's rights. Frederick Douglas denounced slavery 
before audiences that were more receptive to his views 
than in most other places. Dr Martin Luther King, Jr, 
spoke here, and more than one Kennedy, and a lot of 
others who gave their all to make America a better place. 

So history is not just another textbook topic in 
Boston. History is now we got here, how we all got here. 

And I want to emphasize the "we." Because it is not 
just what happened to some of us. the wealthiest or the 
best — educated or the luckiest. In our city's rich history 
we discover once more the important principles that 
shaped Boston. 

These are the principles that I have embraced as your 
mayor. They are older than any of us. and they will 
hopefijlly endure long after we all join the ghosts of 
Faneuil Hall. 

These principles are not complicated or flashy. They 
are simple and solid, like the foundation of this building. 
Even though they are simple, they need to be rediscov- 
ered by ever)' generation of those who would govern. 
They are: fairness, accountability, and innovation, or 
what I think of as "new solutions". 

It's fair to say that after nine years as your Mayor, the 
citizens of Boston know what I am and what I am not. 
First, they called me "the urban mechanic", the guy who 
got under the hood and tinkered with the old jalopy. 

Well, times have changed, along with economic con- 
ditions. Labels have changed. Roles have changed. 
Mayors used to be asked to concentrate on snow plow- 
ing thank God we didn't have to do it last night — 
irasli pickup and potholes. We took care of those things. 
Ihcn mayors were asked to do more; fight crime, 
improve the iiiialitv of the schools, increase the supply 
of housing, and improve health care. We made m;uiy 
advances on those fronts as well. 



CITY COUNCIL 




When we merged City Hospital and University 
Hospital, there was a lot of skepticism. And I want to 
thank the Boston City Council for all their work on that 
merger. Today, Boston Medical Center is a thriving 
example of providing top quality medical care without 
regard for a patient "s ability to pay. And by the way — it 
operates in the black. 

Now what has been the biggest change in our coun- 
try's recent history took place on September lith — It 
was not a change we expected or welcomed. It caught us 
with our guard down. And in the months since, we've 
learned a lot of hard lessons, lessons we ignore at our 
peril. 

The most basic lesson taken by my administration 
since September 11th is simply this: the citizens' first 
line of defense is your municipal government. It is the 
city that has the foremost obligation to protect its citi- 
zens and property. The level of government closest to 
you is also the level of government that must do the 
most for you. 

September 1 1th demonstrated this with ghastly clar- 
ity. The government which affords the most immediate 
protection to you is city government. It is the firefighter, 
the police, the EMTs, hospital and public health initials, 
utility workers, men and women who install, maintain, 
and repair the vital services that make our city work. 

My first priority is simply this: Boston's municipal 
government will do its utmost to safeguard all who 
come here to live, work or visit. My oath of office today 
has a deeper meanmg this year It is to "defend, protect 
and preserve" the Constitution, the Commonwealth and 
this precious city. 

Our family knows the feeling of sending out one of 
your own to protect the city. As Tommy said, he's one of 
our Boston police officers. He's one of the many hun- 
dred public safety officials who all deserve our support 
and prayers as they go about the business of protecting 
the public. 

Beyond our own family, there are so many friends 
here today and people beyond this hall who made it pos- 
sible for me to take up this honor again. 

To the voters of Boston, and ail others who supported 
our efforts to make this the most livable city in the land, 
I thank you. I am grateful not so much for the margin of 
our recent electoral victory — generous as it was — but 
for your trust in me. 

You voted for stability in a time of threat. You voted 
for experience at a time of great change. You voted for 
compassion at a time when others question whether we 
can no longer afford to take care of our homeless, our 
unemployed, our elderly, and our children. 

You voted for accountability, and I will continue to 
protect the public treasury in these difficult fiscal times. 
You voted for innovation and hope, and I will continue 
to bring both to my administration. 

You voted for everything that makes the city great, 
and I promise you today — I won't let you down 

We made tremendous progress in Boston for the past 
decade. The city is safe, prosperous, and forward — look- 
ing. But the economic cycle has swung the other way. 
And I know this from listening to folks all across the 
city. They don' t want us to rest on our laurels. 

You want and deserve innovation in city government, 
at the state and federal level as well. People will ask, 
"What does that mean. Mayor?" And I will tell them the 



hard truths. Some of the old ways don't work any more. 
Business as usual is not good enough. For this city to 
work and to work well, we need new solutions. 

What does that mean? To begin with, we need to be 
frank about our strengths, as well as the challenges 
ahead 

We need new partnerships with the financial houses, 
the greater educational institutions, our religious organi- 
zations, with business leaders who helped lead our 
regional economy into its tremendous achievements of 
the last decade. 

Today our economy is in recession. Even the 
Massachusetts economy, which was the envy of the 
nation, is hurting. Layoffs and unemployment will pre- 
sent us with stem challenges in the coming months 

Since September, the U.S. has lost nearly one million 
jobs at both the state and federal levels, massive tax cuts 
were ordained, even as the economy turned down. It was 
an unwise decision. As a result, the funds that cities and 
towns anticipated are shriveling up. And in crucial areas 
like health care and housing, state and federal aid is 
diminishing just as the need expands. 

So while our long — term outlook as New England's 
economic engine is positive, for the short term we have 
to economize. In some areas, we have no choice but to 
cut back, to become leaner and more creative, if our 
delivery of services is to remain the highest possible 
level. 

In the last eight years, we built parks, schools, and 
playgrounds. We began the difficult job of turning 
around the public school system. In years past, the 
School Department was a revolving — door that just kept 
spinning. Those days are gone. And we will continue to 
provide our teachers and students with everything it 
takes to give them the tools they need to prosper in the 
21st century. 

Today I am proud to announce that we're going to 
have a new high school in Boston, thanks to a major 
grant from the Bill and Melinda Gates Foundation. This 
will be a new technology high school that will prepare 
our kids for careers as engineers, programmers, and 
technicians 

This new high school will draw students from across 
the city to a centrally — located building in Roxbury. It 
will be cutting — edge. Things like this will make people 
move back to our city and look at us in a different way. 

There are other signposts marking our progress. We 
are enlisting the private sector to empower our citizens. 
Boston is the only school district in the country singled 
out with a renewal grant from the Annenburg 
Foundation. It has awarded Boston a second matching 
grant of ten million dollars for innovative programs in 
individual schools. 

Another example is Fleet Bank. It is working with the 
city to create a one million dollar revolving loan pro- 
gram so low — income families can purchase home com- 
puters. While others grapple with the digital divide, here 
in Boston we have built a bridge that helps families and 
young people to learn the skills they need to improve 
their lives. 

We are on the lookout for more partners, looking for 
more creative ways to respond to the new challenges. 
Boston's community policing has been a model for this 
country. Our strategy balances prevention, intervention, 
and enforcement. It is a crime — fighting formula that 
works. 





JANUARY 7, 2002 



But now is the time to renew and redouble our eft'orts. 
Last year, there was an increase in the homicide rate in 
our city. So this year, the Boston Police Department in 
coordination with the D.A.'s office and other law 
enforcement agencies will put new squads on the streets 
in the city's most crime impacted neighborhoods to 
focus exclusively on unsolved shooting incidents and 
unlawfiii gun use. 

I understand people's concern about safety. My 
administration understands it. And that's why fighting 
crime is job number one. 

The tasks we face are different in some ways from the 
threats that loomed over those who first hilt this hall. 
But Boston and Bostonians always found a way. And we 
will, too. 

When the bricks and granite in this building were first 
laid back in the 1740s, the conflicts between European 
settlers and Native Americans were debated right here. 
Later, more people from Europe, Africa, and Asia came 
here to work, learn and prosper. Now the city's lifeblood 
is renewed by new Bostonians. 

Step into any neighborhood and you'll meet some of 
them. Thousands of them swore their own oath of alle- 
giance to this great country and in this very hall, 
renouncing "all princes and potentates" the opportunity 
America, afforded everyone. 

This is not new for a seaport district. Peter Faneuil 
who put up the money for this building — he's right 
there, Peter Faneuil; he's watching us today — was the 
son of a French Huguenot. Peter made a fortune here, 
and gave Boston this magnificent hall. He called it and 
I quote, "a noble and complete structure ... for the sole 
use and benefit and advantage of the town." In those 
days, that was a new solution. 

Our city is recognized around the world for its liv- 
ability. Boston is the economic powerhouse of New 
England. We are the capital, in practical terms, of the 
New England economy. We are also the capital of New 
England's culture and arts, sports and all that enriches 
civilized life. We are one of the top destination cities in 
America. I know this and we will act accordingly. 

No one mayor, no single — elected official, can com- 
mand the region's clout or resources. But we have to 
enlist the cooperation of our fellow cities and towns to 
present a united front on Beacon Hill. We have to break 
down the old political and bureaucratic barriers. The 
problem is not always money; sometimes the problem is 
lack of will. 

As the incoming president of the U.S. Conference of 
Mayors, it will be my job to represent the cities of 
America in our collective approach to the Congress and 
the White House. It is now apparent to everyone that 
more money must come from state and federal sources 
to improve domestic security. 

I will bring to that job the same approach I've brought 
to city government; try to bring people together, work 
out the conflicts of competing interests, and make 
progress without getting sideline by politics or by parti- 
sanship. 

Tomorrow President Bush comes to Boston to visit 
one of our schools. I hope all the Bostonians who have 
a chance to see our President will express their gratitude 
for his leadership during this current national crisis. He 
is our President and we support him 

The President's new education bill was hammered out 
with substantial help from Senator Kennedy and other 
Democrats. This is the type of bipartisan cooperation 



that we are all going to have to demonstrate in the tough 
times ahead. Just as President Bush worked with 
Senator Kennedy, I hope that his plan for tax credits for 
homeowners can be combined with Senator Kerry's 
housing trust fund idea, and start using housing in 
America. 

I plan to tell the President we not only support this 
initiative, but we have the perfect site in Boston for the 
first demonstration project: the long — abandoned 
Boston State Hospital campus, right. Senator 
Wilkerson? I'll embrace a good idea, never mind where 
it comes from; if it helps the city, then I'm for it. 

Over the last decade, Boston has worked with our 
local colleges and universities to create 10,000 dorm 
beds to help ease the housing crisis in our neighbor- 
hoods. By forming partnerships, we can make a differ- 
ence and we need to do more. 

It is no secret to anyone in the housing business that 
too many communities in Massachusetts block the 
development of low and moderate — income housing. I 
want to work with Boston's neighbors and show them 
how diversity can strengthen their towns the way diver- 
sity has transformed our city. 

There is approximately $600 million in the pipeline in 
the Legislature that could be used to build housing for 
Massachusetts' families. We can create more housing in 
this region. We do that by simply putting those resources 
to work. All I'm asking for is fairness. After public 
safety, the city's most important goals focus on schools 
and housing. But both of those are affected by our eco- 
nomic situation. 

I see a new era of partnership with our colleges, our 
universities, and our nonprofits. We need them to be 
more involved with our city. I think most Bostonians 
will be surprised to learn that 5 1 percent of our city's 
real estate is off the tax rolls, controlled by tax — exempt 
institutions. In some cases, the city receives payment in 
lieu of taxes. 

Some of these agreements will be up for renewal as 
these institutions come in with plans to expand. And I 
won't let them be renewed without balancing what tax — 
exempt institutions pay, so that homeowners and busi- 
nesses don't bear more than their fair share. 

We have to look at other creative ways to use these 
payments. Perhaps some could create scholarships or 
help unemployed workers learn a new skill so they can 
get a better job. We just can't renew these agreements 
without applying today's standards. What I'm asking for 
is accountability. 



I am proud that Boston has world- 
universities, now we want world — 
with them. 



-class colleges and 
:lass relationships 



We've had a new generation of leaders take over 
many of our leading institutions in my time as the 
mayor. They have shown a level of understanding that I 
believe helps make Boston a model for town — gown 
relationships. 

My administration has worked with so many of our 
other institutions of higher learning to create jobs, tutor 
our young people, and build housing. I want to 
strengthen our partnership with Har\ard. i want to invite 
President Larry Summers to explore what Ilar\ard 
could do to expand its medical school complex to 
Crosstown in Roxbury. B.U. is going there. Now, we 
have to get Harvard there. This would make the neigh- 
borhood stronger and create jobs tor the people o( our 
city. If Boston has a friend in Larry Summers, then 
Harvard has a friend in City Hall. 



CITY COUNCIL 



i 



We just emerged from a period in our national life 
when government was a dirty word, when politicians 
could make hay and win elections by telling voters; 
"Don't trust government". We have seen that pendulum 
swing too far, and now it swings back. 

The rich tapestry of history shows a similar pattern of 
tidal ebb and flow in Boston. There were times when 
City Hall was estranged from the business community. 
And there were other times of great mutual cooperation 
and innovation. Those who went before us, some of 
them enshrined here in statues and paintings, were pio- 
neers in partnerships between public and private sectors. 

In the coming days, I will outline new plans with 
more details. But my purpose today is to reassure my 
fellow citizens, Bostonians and visitors alike that your 
security is our overriding concern. And that my long — 
tenn commitment to improving the schools and the 
housing supply is unshakable. 

The old traits of prudent budgeting, hard work and 
thoughtful change will see us through the immediate 
future as they did so often in our three hundred years of 
municipal government. The three principles that I have 
embraced as your Mayor: fairness, accountability, and 
innovation will guide us for the long term. 

So with gratitude for your trust; with optimism in the 
face of adversiry; with confidence that old virtues will 
overcome new challenges; and in the spirit of the men 
and women who filled this hall for over two and a half 
centuries; let us resolve to do to our level best for this 
venerable old city we hold so dear. To paraphrase the 
great John Adams, "The happiness of society is the pur- 
pose of government." 

God Bless our city, and God Bless America. 

City Clerk Salerno invited Cardinal Law to the 
podium for the closing prayer. 

Cardinal Law delivered the benediction. 

"God Bless America" was then sung by Dana 
Whiteside. 

The exercises closed with the playing of the reces- 
sional by the Commonwealth Brass Quintet. 

While the recessional was played, the Mayor and his 
suite left the stage at 1 1 a.m. 



CITY OF BOSTON 



Proceedings of City Council 



January 7, 2002 

First meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:00 noon. Councilor Francis M- Roache in the chair, 
and all the members present. 



INVOCATION 

The Reverend James H. Lane, St. Augustine's 
Church, South Boston, delivered the invocation, and the 
meeting was opened with the pledge of allegiance to the 



ELECTION OF A PRESIDENT 

On motion of Councilor YANCEY, the Council voted 
to proceed to the election of a president for the munici- 
pal year 2002. 



For Councilor Maureen E. Feeney 
Feeney, Kelly, Murphy, Tobin — 4. 



Councilors 



For Councilor Michael F. Flaherty — Councilors 
Conley, Flaherty, Honan, Roache, Ross, Scapicchio — 



For Councilor Charles C. Yancey 
Hennigan, Turner, Yancey — 3. 



Councilors 



On motion of Councilor MURPHY, the Council 
voted that a recess be taken. 

Recess from 12:11 to 2:34 p.m. 



MESSAGE DISAPPROVING ORDINANCE ELIMI- 
NATING TERM "MINORITY" (DOCKET NO. 
0972) (DOCKET NO. 0108) 

The following was received: 

City of Boston 
Office of the Mayor 

December 21, 2001 
To the City Council. 

Dear Councillors: 

I return herewith, unsigned and disapproved, an 
Ordinance passed by your Honorable Body on 
December 12, 2001, Docket No. 0972, which would 
require the City to discontinue the use of the term 
"minority." 

As one who has struggled tirelessly for the equality of 
all Americans, I can certainly appreciate the good inten- 
tions behind this measure. Nevertheless, I am gravely 
concerned that the measure will have far reaching unin- 
tended negative effects on many of our citizens. 

The word "minority" is a term that has come to hold 
significant legal meaning in providing protections for 
classes of individuals in matters ranging from the divi- 
sion of electoral districts to the composition of various 
boards and commissions. 

Deletion of the word minority could also have a sig- 
nificant effect on the City's awarding of contracts, hiring 
of labor and distribution of services, grants and other 
fonds of assistance. 

For the foregoing reasons, I believe that this veto is 
both necessary and appropriate. 



< 



Sincerely, 



Thomas M. Menino, 
Mayor of Boston. 



City of Boston 

In the year two thousand and one 
AN ORDINANCE ELIMINATEMG THE TERM 
"MINORITY" 

Whereas: The term "minority" means the smaller in 
number of two groups constituting a whole; and 



i 



JANUARY 7, 2002 



Whereas: References to African Americans, Latinos, 
Asian Americans, and Native Americans as "minorities" 
have been conveyed as negative connotations that imply 
inferiority and inequity among Americans; and 

Whereas: Some have argued that the term "minority" 
used in reference to people of color is a tool of white 
supremacy to psychologically make people of color feel 
inferior and less than; and 

Whereas: The San Diego City Council, under the 
leadership of Councilman George Stevens, voted unani- 
mously to ban the word "minority" froin all of its city 
documents and discussions; and 

Whereas: The National Black Caucus of Local 
Elected Officials on March 6, 1999 adopted a resolution 
named after George Stevens that proclaims that those 
ethnic groups named herein as "minorities" shall hence- 
forth be referred to as People of Color; Therefore 

Be it therefore ordained by the City Council of 
Boston as follows: That the City of Boston discontinue 
the use of the term"minority" in reference to any citizen 
or ethnic group. This shall take effect July 20, 2003 

Assigned for further action. 



MESSAGE DISAPPROVING LOAN ORDER OF 
$3,500,000 FOR ACQUIRING LAND OR 
INTERESTS IN LAND FOR ANY PURPOSE 
FOR WHICH CITY IS OR MAY HEREAFTER 
BE AUTHORIZED TO ACQUIRE LAND OR 
INTERESTS THEREIN: AND FOR CON- 
STRUCTION OF BUILDINGS OR FOR ADDI- 
TIONS TO SUCH BUILDINGS&S WHERE 
SUCH ADDITIONS INCREASE FLOOR 
SPACE, OF SAID BUILDINGS INCLUDING 
COST OF 7 ORIGINAL EQUIPMENT AND 
FURNISHINGS OF SAID BUILDINGS FOR 
PURPOSES OF THE SCHOOL DEPARTMENT 
(DOCKET NO. 0975) (DOCKET NO. 0109) 

The following was received: 

City of Boston 
Office of the Mayor 



December 21, 2001 



To the Boston City Council. 
Dear Councillors: 



uled for FY03. Any additional work to be done at the 
school would come from the School Department main- 
tenance or Capital Budgets. It is for these reasons that I 
feel this veto is appropriate. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the sum of Three Million Five 
Hundred Thousand Dollars ($3,500,000) be and hereby 
is, appropriated for acquiring land, or interests in land, 
for any purpose for which the City is, or may hereafter 
be, authorized to acquire land or interests therein; and 
for the construction of buildings, or for additions to such 
buildings where such additions increase the floor space 
of said buildings, including the cost of original equip- 
ment and furnishings of said buildings, for purposes of 
the Fire and School Departments; and that to meet said 
appropriation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause (3) of Section 
7 of Chapter 44 of the General Laws, to issue from time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. Be it further 
ordered: 

ORDERED: That the Office of Budget Management 
and the managing department for each project shall 
issue written quarterly capital reports to the Boston City 
Council on all capital construction projects funded by 
this loan order, beginning on October 1, 2001 and sub- 
sequently on January 1, April 1 and July 1 of each pro- 
ject. These shall include the following information: 

Written description of projects summarizing activities 
for the last quarter including but not limited to: existing, 
current and future authorization detail, scope of project, 
current status of project, projected start date, projected 
milestones/benchmarks tied to construction schedule, 
projected completion date, projected on-line date, his- 
torical spending information, current year to date spend- 
ing information up to last date of reporting quarter, 
anticipated future spending, any information on antici- 
pated cost over-runs. 

Attachment 
Dorchester High School (study /assessment $500,000; 
masonry and roof repairs $3.0M) 

Placed on file. 



1 return herewith unsigned and disapproved, a loan 
order passed by your Honorable Body on December 12, 
2001, docket #0975, for the sum of $3,500,000 to be 
appropriated for repairs at Dorchester High School 
within the meaning of Clause (3) of Section 7 of 
Chapter 44 of the General Laws. 

The City of Boston and the Boston School 
Department have initiated an ongoing strategic planning 
process to address the school facility issues about which 
we are all concerned. The decision to move forward on 
authorizing funds for school facility needs must occur 
within the context of the City's overall capacity to fund 
debt service, to shoulder the additional debt outstand- 
ing, and to address all other non — school facility and 
infrastructure needs. Dorchester High School has 
received several inillion dollars over the last few years 
for such improvements as a new roof, technology 
upgrades, a new library and three new science lab's, f he 
City's five year capital plan also includes $800,000 for 
masonry work at the school. 

In addition, a new schoolyard is in design and the bal- 
ancing of all the windows at Dorchester High is sched- 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND AWARD OF $2,088,296 IN FORM OF 
UNITED STATES DEPARTMENT OF JUS- 
TICE, BUREAU OF JUSTICE ASSISTANCE, 
LOCAL LAW ENFORCEMENT BLOCK 
GRANT (DOCKET NO. 01 10) 

The following was received: 

City of Boston 
Office of the Mayor 



November 24, 2001 



To the City Council. 
Dear Councillors: 



1 hereby transmit for your approval an Order autho- 
rizing the City ol' Boston to accept and expend an aw ard 
in an amount not to exceed $2,088,296.00. in the form 
of a United Slates Department of Justice. Bureau of 
Justice Assistance, Local Law Enforcement Block 
Grant. The award will be used to support various crime 
prevention and law enforcement initiatives across the 



CITY COUNCIL 



City of Boston. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the Mayor, acting on behalf of the 
City of Boston and pursuant to the authority granted to 
him under M.G.L. c. 44, § 53A be, and is hereby autho- 
rized, to accept and expend the United States 
Department of Justice, Bureau of Justice Assistance's 
award in an amount nor to exceed $2,088,296.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $200,000 
FROM FEDERAL EMERGENCY MANAGE- 
MENT AGENCY PURCHASE OF PORTABLE 
RADIOS AND OTHER FIREFIGHTING 
EQUIPMENT ( DOCKET NO 1 1 1 ) 

The following was received: 

City of Boston 
Office of the Mayor 



November 30, 2001 



To the City Council. 
Dear Councillors: 



I transmit herewith for your approval, an order to 
accept and expend a grant in an amount not to exceed 
Two Hundred Thousand Dollars ($200,000) from the 
Federal Emergency Management Agency, for the pur- 
chase of portable radios and other firefighting equip- 
ment. This equipment upgrade will benefit the Fire 
Department by providing every member of the depart- 
ment with their own radio capable of sending a signal to 
identify each firefighter personally in the event of an 
emergency. 

1 urge your Honorable Body to pass this order expe- 
ditiously so that this equipment can be utilized by the 
Fire Department immediately. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the Mayor, acting on behalf of the 
Boston Fire Department and pursuant to M.G.L. c. 44, § 
53A be, and is hereby authorized to accept and expend 
a grant award from the Federal Emergency Management 
Agency in an amount not to exceed Two Hundred 
Thousand Dollars ($200,000). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $50,000 FOR RESIDENTIAL SUBSTANCE 
ABUSE PROGRAM FOR PERIOD OF OCTO- 
BER 1, 2001 THROUGH JUNE 30, 2002 
(DOCKET NO. 0112) 

The following was received: 

City of Boston 
Office of The Mayor 



To the City Council. 
Dear Councillors: 



November 27, 2001 



I hereby transmit for your approval an Order autho- 
rizing the Sheriff of Suffolk County to accept and 
expend for the benefit of Suffolk County, a federal grant 
in the amount of $50,000. The grant is to be used for the 
Residential Substance Abuse Program, for the period of 
October 1, 2001 through June 30, 2002. The grant is 
made available to Suffolk County through the United 
States Department of Justice Corrections Program, and 
will be channeled through the Commonwealth of 
Massachusetts Executive Office of Public Safety 
Programs Division. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the Suffolk County Sheriff may 
accept the funds expeditiously and expend them for the 
purposes for which these funds were granted. 



Sincerely, 



Thomas Menino, 
Mayor of Boston. 



ORDERED: That the Sheriff of Suffolk County, act- 
ing on behalf of the County of Suffolk and pursuant to 
the authority granted to him under M.G.L. c. 34, § 24 
be, and is hereby authorized to accept and expend a fed- 
eral grant in an amount not to exceed $50,000 for the 
provision of the Residential Substance Abuse Program 
for the period of October 1, 2001 through June 30, 2002. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $1,206,714 TO FUND FORENSIC ACCESS 
TO COMMUNITY SERVICES (FACS) PRO- 
GRAM FOR PERIOD OF SEPTEMBER 30, 
2001 THROUGH SEPTEMBER 29, 2004 
(DOCKET NO. 0113) 

The following was received: 

City of Boston 
Office of the Mayor 

November 27, 2001 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the Suffolk County Sheriff to accept and expend 
for the benefit of Suffolk County a federal grant in the 
amount of $1,206,714. The grant will be used to fund 
the Forensic Access to Community Services (FACS) 
Program at the Suffolk County Sheriff s Department for 
the period of September 30, 2001 through September 
29, 2004. The federal grant is made available to Suffolk 
County through the United States Department of Health 
and Human Services. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the Suffolk County Sheriff may 
accept the funds expeditiously and expend them for the 
purposes for which the grant was awarded. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED That the Suffolk County Sheriff, acting 
on behalf of Suffolk County and pursuant to the author- 
ity granted to him under M.G.L. c. 34, § 24 be, and is 



JANUARY 7, 2002 



hereby authorized to accept and expend a federal grant 
in an amount not to exceed $1,206,714 for the period of 
September 30, 2001 through September 29, 2004. The 
grant is made available to Suffolk County through the 
United States Department of Heath and Human 
Services. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $90,000 FOR PURPOSE OF PROVIDING 
SUBSTANCE ABUSE COUNSELING SER- 
VICES FOR PERIOD OF JULY 1, 2001 
THROUGH JUNE 30, 2002 (DOCKET NO. 
0114) 

The following was received: 

City of Boston 
Office of the Mayor 



November 27, 2001 



To the City Council. 
Dear Councillors: 



Committee for a term expiring January 1, 2006. 
Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0117) 

Notice was received from the mayor for the appoint- 
ment of Dennis Wright to the Boston School Committee 
for a term expiring January 1, 2006. 

Placed on file. 



COMMUNICATION RECEIVED BY CITY CLERK 
FROM BOARD OF ELECTION COMMIS- 
SIONERS CERTIFYING RESULTS OF THE 
ELECTION HELD FOR MAYOR AND CITY 
COUNCIL (DOCKET NO. 01 18) 

Communication was received by the City Clerk from 
the Board of Election Commissioners certifying the 
results of the election held for the Mayor and City 
Council. 

Placed on file. 



I hereby transmit for your approval an Order autho- 
rizing the Suffolk County Sheriff to accept and expend 
for the benefit of Suffolk County a federal grant in an 
amount not to exceed $90,000 for the purpose of pro- 
viding substance abuse counseling services for the 
period of July 1, 2001 through lune 30, 2002. The grant 
is made available to Suffolk County through the 
Commonwealth of Massachusetts Department of Public 
Health in collaboration with the Executive Office of 
Public Safety Programs Division. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the Suffolk County Sheriff may 
accept the funds expeditiously and expend them for the 
purposes for which the grant was awarded. 



Sincerely, 

Thomas M. 



Menino, 
Mayor. 



ORDERED: That the Suffolk County Sheriff, acting 
on behalf of Suffolk County and pursuant to the author- 
ity granted to him under M.G.L. c. 34, § 24 be, and is 
hereby authorized to accept and expend a federal grant 
in an amount not to exceed $90,000 for the provision of 
substance abuse counseling services for the period of 
July I, 2001 through June 30, 2002. The grant is made 
available to Suffolk County through the Commonwealth 
of Massachusetts Department of Public Health in col- 
laboration with the Executive Office of Public Safety 
Programs Division. 

Referred to the Committee on Public Safety. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0115) 

Notice was received from the Mayor of his absence 
from the City on December 13, 2001. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0116) 

Notice was received from the mayor for the appoint- 
ment of Elizabeth Rcilinucr to the Boston School 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0119) 

Notice was received from the Mayor of the reappoint- 
ment of Vivian Leo as temporary Collector — Treasurer, 
effective December 6, 2001 for a period not to exceed 
Sixty (60) days. 

Placed on file. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 0120) 

The Constable's Bonds of John Beggan, Allen A. 
Curry, Edward J. Cronin, William A. Doniger, Benny 
Edge, Robert W Mangott, Robert J. Manning, Wilfred P. 
Suozzo and James E. While, were received and 
approved. 



COMMUNICATION RECEIVED FROM FORT 
POINT ASSOCIATES. INC. RE: SUBMISSION 
OF PROJECT NOTIFICATION FORM PUR- 
SUANT TO SECTION 80B OF BOSTON ZON- 
ING CODE (BUILDING 39A, 
CHARLESTOWN NAVY YARD, BOSTON 
(DOCKET NO. 0121) 

Communication was received from Fort Point 
Associates, inc. re: Submission of the Project 
Notification Form pursuant to Section BOB of the 
Boston Zoning Code (Building 39A. Charlestown Navy 
Yard, Boston). 

Placed on file. 



COMMUNICATION RECEIVED FROM MASSPORT 
RE: LOGAN AIRPORT 2000 ENVIRONMENT 
DATA REPORT (EDR) (DOCKET NO. 0122) 

Communication was received from Massport re: 
Logan Airport 2000 Environmental Data Report (EDR). 

Placed on file. 



COMMUNICATION FROM CITY CLERK RE: 



CITY COUNCIL 



FILING BY BRA OF "TERMINATION OF 
PRUDENTIAL CENTER (AVALON BAY RESI- 
DENCES) CHAPTER I21A PROJECT" 
(DOCKET NO. 0123) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council. 
Dear Councilors: 



January 4, 2002 



In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
December 14.2001: 

"Termination of the Prudential Center (Avalon Bay 
Residences) Chapter 121 A Projecf . 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file. 



COMMUNICATION FROM CITY CLERK RE: FIL- 
ING BY BRA OF "THIRD REPORT AND 
DECISION AMENDMENT TO MEDICAL 
AREA TOTAL ENERGY PLANT CHAPTER 
I2IA PROJECT" (DOCKET NO. 0124) 

The following was received: 

City of Boston 
Office of the City Clerk 



To the City Council. 
Dear Councilors: 



January 4, 2002 



In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
December 14.2001: 

"Third Report and Decision Amendment to the 
Medical Area Total Energy Plant Chapter 121 A 
Project". 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file. 



SECOND VOTE FOR ELECTION OF A PRESIDENT 

On motion of Councilor Kelly the Council voted to 
proceed to the second vote for election of the president 
for the municipal year 2002. 

For Councilor Maureen E. Feeney — Councilors 
Feeney, Hennigan, Kelly — 3. 

For Councilor Michael F. Flaherty — Councilors 
Conley, Flaherty, Honan. Murphy, Roache, Ross, 
Scapicchio, Tobin — 8. 

For Councilor Charles C. Yancey — Councilors 
Turner, Yancey — 2. 



Councilor Flaherty, having received eight votes was 
declared elected President for the municipal year 2002. 

Later in the session. Councilor YANCEY moved that 
the vote for Councilor Flaherty be made unanimous. 

The motion was carried. 



STATEMENT OF PRESIDENT FLAHERTY 

This is an honor and privilege to be sitting here in 
front of thirteen of my colleagues with the duty to, one, 
I think first of all is to bring us all together as soon as 
possible so that we can in turn move forward as a 
Council and as the City of Boston. I'm truly honored. I 
can tell you that I do want the support of each and every 
one of you as I take charge as the City Council 
President. I will look forward to a cooperative and 
exclusive relationship with all of you. And I know my 
wife Loreen is probably not going to like to hear this, 
but I will be available to all of you 24 hours a day. You'll 
be sharing time obviously with my wife and children. I 
think my wife is here somewhere. I do want to thank two 
other people, my mother Peggy and my mother-in-law 
Betty is right in the middle, and my brother. 

I think a lot has changed we all know from September 
1 1 . We all have big priorities here in the City of Boston. 
Its quality education, its affordable housing, its environ- 
ment, school safety; all of those things that we need to 
be cognizant of But it's going to be my duty over the 
next several weeks to get in touch with all of you and 
find out what your individual priorities are as we turn 
around in unison as thirteen members of the body, move 
forward in a spirit of cooperation, one, be personable 
with each other, and, two, obviously with our partners in 
government, city government, to make sure that people 
out there, the people that we're beholding to, which are 
the constituents and the voters to make sure that we 
make prudent decisions on their behalf and on behalf of 
their families. So, with that, I thank you very much for 
this opportunity. 

And do we have any more business? We have some 
more business. The fun stuff and the waiting is over, but 
it's time to get to business. It's time to get back to work. 
As a member of the Boston City Council, I look forward 
to leading this year. Thank you very much for the oppor- 
tunity. 



ORDER THAT RULES OF CITY COUNCIL FOR 
2001, EXCEPT FOR RULE 35, BE ADOPTED 
AS TEMPORARY RULE OF CITY COUNCIL 
UNTIL PERMANENT RULES WERE 
ADOPTED (DOCKET NO. 0125) 

Councilor ROACHE offered the following: 

ORDERED: That the rules of the Boston City 
Council for 2001, except for Rule 35, be adopted as 
temporary rules of the City Council until permanent 
rules are adopted. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0126) 

Councilor ROACHE offered the following: 

Ordered: that effective Saturday, January 5, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, January 
11,2002: 



JANUARY 7, 2002 



Adriana Cillo, Secretary, $2,708.82, full time. 
Ale.\ Geourntas, Secretary, $2,996.17, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0127) 

Councilor ROACHE offered the following: 

Ordered: effective Saturday. January 2, 2002, the fol- 
lowing named person be and hereby is. appointed to the 
position set against their name until Friday, April 5, 
2002: 

Adriana Cillo, Secretary, $769.24 full time. 
Alex Geourntas, Secretary, $1,057.70 full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0128) 

Councilor ROACHE offered the following: 

Ordered: That effective Saturday, January 12, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, April 
5, 2002: 

Donald Paul Koch, Jr., legislative analyst, $1,173.08, 
full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0129) 

Councilor ROACHE offered the following: 

ORDERED: That effective Saturday, January 5, 2002 
the following named person be and hereby is, appointed 
to the position set against their name until April 5, 2002: 

Diane Albano, Administrative Asst, $699.24 full-time. 

Felix Arroyo-Montano, Administrative Asst., $573.95, 

full-time. 

Leeann Bowman. Secretary, $788.47, full time. 

Maria S. Bunuan, Secretary, $300 00, full time. 

Mark A. Chardavoyne, Secretary, $637.83, full time. 

Samuel S. Conti, Secretary, $575.00, full time. 

Helena Creamer, Administrative Asst, $961 .54, full 

time. 

Danielle Daddabbo, Administrative Asst, $300.00, part 

time. 

Robert F Diggins, Secretary, $251.25, part time. 

Janet M, Doherty, Secretary, $345.65, part time. 

Dennis R Dwyer, Administrative Asst., $701.93, full 

time 

Louis A. Elisa, Secretary, $600.00, part time 

John R. Flavin, Secretary, $251.55, part time 

Lorraine E. Fowlkes, Secretary, $560.92, full time 

Annmarie Geary, Secretary, $457.75, part time 

Carolyn Geary, Administrative Asst., $986.73, full time 

John R Ilannigan, Administrative As.st, $1,024.90, full 

time. 

Joyce L. Holland, Secretary, $1,091.96, full time 

Vincent A. LaBella, Administrative Asst., $1,038.47, 

full time. 

Bemadette Lally, Secretary, $300.00, part time. 



Michael F Larkin, Secretary, $1,073.61, full time 
Carol A. Mullen-Maguire, Secretary, $500.00, full time 
Aoibhean McDermott, Secretary, $396.40, part time 
Thomas M. McDonough, Administrative Asst., 
$670.50, full time 

Patricia A. Miller, Administrative Asst., $634.62, full 
time 

Michael Moran, Secretary, $375.00, fiill time. 
George Morancy, Administrative Asst., $996, full time. 
Michelle Morrison, Secretary, $766.28, full time. 
Robert J. Noto, Jr, Administrative ^st., $625.00, full 
time. 

Laura O'Brien, Secretary, $696.16, full time. 
Sean T. Pierce, Administrative Asst., $525.00, full time. 
Karen M. Pinckney, Secretary, $632.18, full .time. 
Marta E. Rivera, Administrative Asst., $814.18, full 
time. 

Lonnie S. Rosenberg, Secretary, $957.85, full time. 
Stephen V Scapicchio, Secretary, $9/hr., part time. 
Irene M. Smith, Administrative Asst., $785.44, full 
time 

Timothy E. Stack, Secretary, $287.40, part time, 
Constance Sullivan, Administrative Asst., $172.42, part 
time 

Kathleen Sullivan, Administrative Asst, $814.20, full 
time 

Paul J Walkowski, Administrative Asst., $958.57, full 
time 

Lauren A. Wallace, Secretary, $709.00, full time 
Kelly M. Walsh, Secretary, $72.00, part time 
Richard Wood, Administrative Asst., $336.00, part time 
Kenneth W Yarbrough, Secretary, $622.61, full time 
Angela S Yarde, Administrative Asst., $840.43, full- 
time 

Marilyn Brambilla, Business Manager, $908.01, full- 
time 

Ron Cobb, City Messenger, $815.25, full time 
Ann Hess, Staff Director, $1,296.35 full time 
Juan Lopez, Legislative Asst., $881.45, full time 
Cora F. Montrond. Legislative Asst, $792.31, full time 
James J. O'Donnell, Council Programming Manager, 
$961.54, full time 

Alicia M. Rampulla, Act. Research Director. $929.12, 
full time 

Lincoln Smith, Asst. Research Director, $891.35, full 
time 

Sheila C. Temple, Budget Director, $1,057.70, full 
time 

Gregg A. Tivnan, Asst. Budget Director, $942 3 1 , full 
time 

Passed under suspension of the rules. 



CONSENT AGENDA 

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

Councilor Scapicchio: Congratulatint; Dennis "Speed 
Kills'" Borden (Docket No. 0130). 

Councilor Conley: Congratulatinc Judith Kunze 
(Docket No. 0131). 



•0 CITY COUNCIL 



Councilors Turner and Yancey: Congratulating Mrs. 
Amelia Boynton Robinson (Docket No. 0132). 

Councilor Honan: Congratulating Ralph C. Martin, II 
(Docket No. 0133). 

Councilor Turner: Congratulating 46 persons for their 
dedication and hard work over the past two years. 
(Docket No. 0134). 

Councilor Feeney: Congratulating Alvin Lewis, Jr, 
(Docket No. 0135); Declaring January 4, 2002, "Al 
Young" Day (Docket No. 0136); Congratulating Ruth 
David (Docket No. 0137). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 2:50 p.m. to meet on Wednesday, 
January 16, 2002, at 12 o'clock noon. 



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



f 



► 



f 



JANUARY 16, 2002 



11 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, January 16, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
1:00 p.m. President FLAHERTY in the Chair. Absent, 
Councilor SCAPICCHIO. 

INVOCATION 

Sister Maria Ignazia Bunuan, delivered the invoca- 
tion, and the meeting was opened with the pledge of 
allegiance to the flag. 



PRESENTATION BY COUNCILOR ROSS 

Councilor Ross presented National Guardsman Biggs 
with a resolution honoring the National Guard. 



ORDER APPROVING AGRICULTURAL PRESER- 
VATION RESTRICTION ON ALLANDALE 
FARM IN JAMAICA PLAIN (DOCKET NO. 
0138) 

The following was received: 

City of Boston 
Office of the Mayor 

January 10. 2002 

To the City Council. 

Dear Councillors: 

I transmit herewith for your approval, an Order 
approving an Agricultural Preservation Restriction on 
AUandale Farm in Jamaica Plain. The property has been 
managed as a working farm for over one hundred years, 
and is believed to be the only remaining working farm 
in the City of Boston. Over the years AUandale Farm has 
supported everything from dairy cattle to vegetables, 
and presently the field crops consist of tomatoes, 
squash, pumpkins, beans, com, peas, cucumbers and 
fresh flowers. In addition to the farming operations, part 
of the property is used by the Boston Police Department 
to exercise its mounted patrol and to train its K-9 unit. 

The owners of AUandale Farm wish to permanently 
protect the farm from continuing development pressure 
by imposing this restriction, ensuring that the property 
will continue to be used only for agricultural purposes. 
AUandale Farm's owners have sought the assistance of 
the Trustees of Reservations, a Massachusetts land con- 
servation organization, which will be holding the 
Agricultural Preservation Restriction on the property. 

Approval of this Agricultural Preservation Restriction 
will be in the best interest of the public, ensuring that the 
last working farm in the City of Boston will not be lost 
to development and that local residents will have a 
source of fresh vegetables and flowers. In addition, it 
will not require the expenditure of City funds; nor will 
it result in the loss of revenue, in light ol the Fact that the 
property is currently assessed and taxed as agricultural 
land. 

I urge your Honorable Body to adopt this Order at its 
earliest possible convenience. 

Sincerely, 



Thomas M. Menino. 
Mayor of Boston. 

ORDERED: That pursuant to Section 32 of Chapter 
184 of the General Laws, an Actultural Preservation 
Restriction for the AUandale Farm granted by James 
Lawrence III et al., to The Trustees of Reservations be 
and the same hereby is, approved. 

On motion of Councilors HENNIGAN and TOBIN, 
the rules were suspended: the order was passed. 



ORDER AUTHORIZING LIBRARY DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$842,522 FROM BOARD OF LIBRARY COM- 
MISSIONERS FOR PURPOSE OF SUPPORT- 
ING IMPLEMENTATION OF INTEGRATED 
LIBRARY SYSTEM (DOCKET NO. 0139) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



January 4, 2002 



I transmit herewith for your approval an Order autho- 
rizing the City of Boston to accept and expend on behalf 
of the Library Department a grant in an amount not to 
exceed $842,522 from the Board of Library 
Commissioners. The grant will be used to support the 
Boston Public Library's implementation of an inte- 
grated Library System. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which the grant was given. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the Mayor, acting on behalf of the 
Boston Public Library and pursuant to the authority 
granted to him under M.L. c. 44 S 53 A be, and is hereby 
authorized to accept and expend a grant in an amount 
not to exceed $842,522 from the Massachusetts Board 
of Library Commissioners for the purpose of supporting 
the Boston Public Library's implementation of an inte- 
grated Library System. 

Referred to the Committee on City and 
Neighborhood Services. 



ORDER AUTHORZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $3,000 
FROM MASSACHUSETTS EXECUTIVE 
OFFICE OF ENVIRONMENTAL AFFAIRS, 
OFFICE OF COASTAL ZONE MANAGE- 
MENT FOR PURPOSE OF FUNDING POLICE 
DEPARTMENT'S HARBOR PATROL UNIT 
(DOCKET NO. 0140) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



jMuaiy 7. 2002 



hereby transmit lor your approval an Order autho- 



12 



CITY COUNCIL 



rizing the Commissioner of the Boston Police 
Department, acting on behalf of the City of Boston, to 
accept and expend an award in the amount of $3,000.00 
in the form of a "4 the Environment" Four Stroice Grant 
from the Commonwealth of Massachusetts Executive 
Office of Environmental Affairs, Office of Coastal Zone 
Management, for the purpose of funding the Boston 
Police Department's Harbor Patrol Unit. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That, pursuant to M.G.L. c. 44, § 53A, 
the Commissioner of the Boston Police Department, 
acting on behalf of the City of Boston, be and hereby is 
authorized to accept and expend a "4 The Environment" 
Four Stroke Grant in the amount of $3,000.00 awarded 
from the Commonwealth of Massachusetts Executive 
Office of Environmental Affairs, Office of Coastal Zone 
Management, for the purpose of funding the Boston 
Police Department's Harbor Patrol Unit. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING OFEICE OF CONSUMER 
AFFAIRS AND LICENSING TO ACCEPT AND 
EXPEND GRANT OF $52,000 FROM MASSA- 
CHUSETTS ATTORNEY GENERAL'S LOCAL 
CONSUMER AID FUND TO ASSIST CON- 
SUMERS BY PROVIDING INFORMATION 
REGARDING CONSUMER RIGHTS 
(DOCKET NO. 0141) 

The following was received: 

City of Boston 
Office of the Mayor 

December 19, 2001 

To the City Council. 

Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend on behalf 
of the Offce of Consumer Affairs and Licensing a grant 
in an amount not to exceed $52,000, for the period of 
July 1, 2001 through June 30, 2002 The grant is from the 
Commonwealth of Massachusetts Attorney General's 
Local Consumer Aid Fund. 

The grant will be used to assist Boston consumers by 
providing information regarding consumer rights and 
methods to resolve disputes between the consumer and 
business or contractor, advocating for new or changes in 
consumer protection regulations and laws which are of 
benefit to consumers and mediating disputes between 
consumers and business entities 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously amd expend them for the pur- 
poses for which the grant was given. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the Mayor, acting on behalf of the 
Mayor's Office of Consumer Affairs and Licensing and 



pursuant to the authority granted to him under M.G L. c. 
44, § 53A be, and is hereby authorized in accordance 
with G.L. c. 44, § 53A to accept and expend a grant from 
the Commonwealth of Massachusetts Attorney 
General's Local Consumer Aid Fund in an amount not 
to exceed $52,000. 

Referred to the Committee on Economic 
Development. 



ORDER APPROVING APPROPRIATION OF 
$1,200,000 FROM INCOME OF GEORGE 
FRANCIS PARKMAN FUND TO BE 
EXPENDED UNDER DIRECTION OF COM- 
MISSIONER OF PARKS AND RECREATION 
FOR MAINTENANCE AND IMPROVEMENT 
OF BOSTON COMMON AND PARKS 
(DOCKET NO. 0142) 

The following was received: 

City of Boston 
Office of the Mayor 

January 7, 2002 

To the City Council. 

Dear Councillors: 

I transmit herewith for your approval an order appropri- 
ating $1,200,000.00 from the income of the George 
Francis Parkman Fund. The funds are to be expended 
under the direction of the Commissioner of Parks and 
Recreation 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. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the sum of $ 1,200,000.00 be, and 
the same hereby is, appropriated from the income of the 
George Francis Parkman Fund to be expended at the 
direction of the Commissioner of Parks and Recreation 
as follows: 

For the general care and maintenance of the Boston 
Common and Parks in existence as of January 12, 1887, 
$680,000.00. 

For the specialized maintenance of the horticulture 
and infrastructure of the Boston Common and Parks in 
existence as of January 12, 1887, $248,000.00 

For equipment, infrastructure improvements and 
repairs in the Boston Common and Parks in existence as 
of January 12, 1887, $272,000.00 

Refereed to the Committee on City and 
Neighborhood Services. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $130,000 TO PROVIDE FUNDING IN 
POLICE DEPARTMENT FOR COLLECTIVE 
BARGAINING SETTLEMENT WITH POLICE 
CADET ASSOCIATION (DOCKET NO. 0143) 

The following was received: 



JANUARY 16, 2002 



13 



City of Boston 
Office of the Mayor 



Thomas M. Menino, 
Mayor of Boston. 



December 26, 2001 



ORDERED: 



To the City Council. 
Dear Councillors: 



I transmit hecewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $130,000 to provide funding in the Police 
Department for the collective bargaining settlement 
with the Boston Police Cadet Association. 

I respectfully request your favorable action on this 
important matter 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: 

That the appropriation heretofore made, to meet the 
current operating expenses in the fiscal year commenc- 
ing July 1, 2001 and ending June 30, 2002, be reduced 
by the following amount. 

2002-100-999000-51000 Reserve for Collective 
Bargaining $130,000 

Referred to the Committee on Ways and Means. 

Later in the session. Councilor CONLEY moved 
reconsideration. 

Reconsideration prevailed. 

On motion of Councilor CONLEY, the rules were 
suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $130,000 TO COVER FY02 
COST IN POLICE DEPARTMENT OF COL- 
LECTIVE BARGAINING AGREEMENT WITH 
POLICE CADET ASSOCIATION. (DOCKET 
NO. 0144). 

The following was received: 

City of Boston 
Office of the Mayor 

December 26, 2001 

To the City Council. 

Dear Councillors: 

I transmit herewith for your approval a supplemental 
appropriation, totaling $130,000, to cover the FY02 cost 
in the Police Department of the collective bargaining 
agreement with the Boston Police Cadet Association. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The City budget remains balanced. 

I respectfully request your favorable action on this 
important matter 



That in addition to the appropriations heretofore 
made, to meet the current operating expenses in the fis- 
cal year commencing July 1, 2001 and ending June 30, 
2002, the following sum be, and hereby is appropriated, 
said sum to be met from available funds: 

2002-100-211500-51000 $130,000 

Referred to the Committee on Ways and Means. 

Later in the session, Councilor CONLEY moved 
reconsideration. 

Reconsideration prevailed. 

On motion of Councilor CONLEY, the rules were 
suspended; the order was passed. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF CONSTABLES AUTHORIZED TO 
SERVE CIVIL PROCESS UPON FILING OF 
BOND FOR TERM EXPIRING APRIL 30, 2002 
(DOCKET NO. 0145) 

The following was received: 

City of Boston 
Office of the Mayor 

January 4, 2002 

To the City Council. 

Dear Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1, 2001 and ending April 
30, 2002. 

Sincerely. 

Thomas M. Menino, 
Mayor of Boston. 

ORDERED: That the appointment of the following 
named people as Constables of the City of Boston for 
the purpose of serving civil process upon filing of bond 
for the period conunencing May I, 2001 and ending 
April 30, 2002 be, and hereby is approved. 

The following reconunendations for approval are 
renewal applicants. 

Beggan, John J., 482 E. Eighth St. S. Boston 02127 
Consolo, John G., 262 E. Eagle St. E. Boston 02128 
Hicks, Don T. C, 1 Cliffmont St. #116, Boston 02131 
Joyner, Denck D., 52 Charlotte St. Dorchester 0212 1 
Lee, Robert E., 470 E. Eighth St. S. Boston 02127 
Mathieson, Jeffrey P., 300 Sumner St. E. Boston 

02128 

Mucci. Frank, 830 Parker St. Roxbury 02120 
Santry, Thomas F.I 14 Richmond St. Dorchester 

02 1 24 

Slavin, Michael J., 3923 Washington St. Roslindale 

02 1 3 1 

Suozzo, Wilfred P., 395 Maverick St. #209 E. Boston 

02128 

Referred to the Committee on Government 
Operations. 



Sincerely, 



14 



CITY COUNCIL 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0146) 

Notice was received from the Mayor of the reap- 
pointment of Jose Vincenty as a Trustee of the 
Neighborhood Housing Trust for a term expiring the 
second Friday of January 2004. 

Referred to the Committee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0147) 

Notice was received from the Mayor of the reap- 
pointment of Clayton TurnbuU as a Trustee of the 
Neighborhood Housing Trust for a term expiring the 
second Friday of January 2004. 

Referred to the Conmittee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0148) 

Notice was received from the Mayor of the reap- 
pointment of Mary Soo Hoo as a Trustee of the 
Neighborhood Housing Trust for a term expiring the 
second Friday of January 2004. 

Referred to the Committee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0149} 

Notice was received from the Mayor of the reap- 
pointment of Craig McMullen as a trustee of the 
Neighborhood Housing Trust for a term expiring the 
second Friday of January 2004. 

Referred to the Committee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0150) 

Notice was received from the Mayor of the reap- 
pointment of Catherine Hardaway as Trustee of the 
Neighborhood Housing Trust for a term expiring the 
second Friday of January 2004. 

Referred to the Committee on Housing. 



COMMUNICATION FROM CITY CLERK RE: FIL- 
ING BY BRA OF "CONTRACT REOUIRED 
BY SECTION 6A OF CHAPTER 121 A OF 
GENERAL LAWS BY AND BETWEEN B'NAI 
B'RITH III INC. AND CITY (DOCKET NO. 
0151) 

The following was received: 

City of Boston 
Office of the City Clerk 

January 15.2002 

To the City Council. 

Dear Councillors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976. this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
December 17,2001: 



"Contract Required by Section 6A of Chapter 12IA 
of the General Laws by and between B'nai B'rith III, 
Inc. and the City". 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK IN ACCORDANCE 
WITH CHAPTER 6 OF ORDINANCES OF 
1979 RE: ACTIONS TAKEN BY MAYOR 
WITH REGARD TO PAPERS ACTED UPON 
BY CITY COUNCIL AT ITS NOVEMBER 7, 
2001 MEETING (DOCKET NO. 0152) 

The following was received: 

City of Boston 
Office of the City Clerk 

January 15, 2002 

To the City Council. 

Dear Councillors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of November 7, 2001, 
viz: 

1264 Order to reduce by $13,000,000 an appropria- 
tion for the Reserve for Collective Bargaining to pro- 
vide funding for the Fire Department agreement with 
Local 718 International Association of Firefighters. 

Approved by the Mayor November 13, 2001. 

1265 Order approving a supplemental appropriation 
of $13,000,000 to cover the costs incurred by the Fire 
Department for the collective bargaining agreement 
with Local 718 International Association of Firefighters. 

Approved by the Mayor November 13, 2001. 

1267 26 Constable's Bonds. 

Approved by the Mayor November 23, 2001. 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 

Placed on file. 



NOTICE FROM CITY CLERK IN ACCORDANCE 
WITH CHAPTER 6 OF ORDINANCES OF 
1 979 RE ACTIONS TAKEN BY MAYOR WITH 
REGARD TO PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS NOVEMBER 28, 2001 
MEETING (DOCKET NO. 0153) 

The following was received: 

City of Boston 
Office of the City Clerk 

January 15,2002 

To the City Council. 

Dear Councillors: 

In accordance with Chapter 6 of the Ordinances of 



JANUARY 16, 2002 



15 



1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of November 28, 2001, 



1210 Order authorizing the Police Commissioner to 
accept and expend a grant of $45,000 for the 
Department of Justice, Office of Justice Programs for 
the purpose of enhancing investigative efforts for 
Internet crimes against children through detectives and 
prosecutors attending specialized training and purchas- 
ing equipment. 

Approved by the Mayor December 6, 2001 . 

1211 Order authorizing the Police Commissioner to 
accept and expend a Juvenile Accountability Incentive 
Block grant of $349,345 from the Executive Office of 
Public Safety. 

Approved by the Mayor December 6, 2001. 

1220 Order approving a petition for a special law re: 
exam for police officer. 

No action to date. 

1236 Order authorizing the Police Commissioner to 
accept and expend a grant of $5,000 from Tufts Animal 
Expo for use by the K-9 Unit. 

Approved by the Mayor December 6, 2001. 

1237 Order authorizing the Police Commissioner to 
accept and expend a grant of $54,3 13.19 from the Office 
of the Attorney General for a truancy prevention pro- 
gram. 

Approved by the Mayor December 6, 2001. 

1238 Order authorizing the Police Department to 
accept a gift of $19,917 of software and training from 
Xanalys, Inc. 

Approved by the Mayor December 6, 2001. 

1270 Order approving a petition for a special law re: 
exam for police officer. 

No action to date. 

1285 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $19,051 to pro- 
vide finding to the Public Health Commission to cover 
costs related to the collective bargaining agreement with 
the National Conference of Fireman and Oilers. 

Approved by the Mayor December 6, 2001. 

1286 Order approving a supplemental appropriation 
of $19,051 to cover costs associated with the Public 
Health Commission's collective bargaining agreement 
with the National Conference of Firemen and Oilers. 

Approved by the Mayor December 6, 2001 

1300 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $39,710 to pro- 
vide funding in the Property Management Department 
for the FY02 cost of the collective bargaining agreement 
between the City and the Boston Municipal Police 
Superior Officers, IBPO, Local 539. 

Approved by the Mayor December 6, 2001 . 

1301 Order approving a supplemental appropriation 
of $39,710 for the Property Management Department to 



fund the FY02 cost of the collective bargaining agree- 
ment between the City and the Boston Municipal Police 
Superior Officers, IBPO, Local 539. 

Approved by the Mayor December 6, 2001. 

1309 41 Constable's Bonds. 

Approved by the Mayor December 7, 2001. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0154) 

Councilor FLAHERTY offered the following: 

Ordered: that effective Saturday, January 12, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
February 15, 2002: 

Renee Maiden, Secretary, $80.00, part time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0155) 

Councilor FLAHERTY offered the following: 

Ordered: that effective Saturday, January 12, 2002, 
the following named person be and hereby is. appointed 
to the position set against their name until Friday, April 
12, 2002. 

Jon Spamtinato, Administrative Asst, $865.39, full 
time. 

Passed under suspension of the rules. 



RESOLUTION HONORING NATIONAL GUARD 
FOR THEIR MERITORIOUS SERVICES ON 
BEHALF OF PEOPLE OF BOSTON AND 
COMMONWEALTH OF MASSACHUSETTS 
(DOCKET NO. 0156) 

Councilors ROSS, FLAHERTY, KELLY, SCAPIC- 
CHIO, TURNER, MURPHY, ROACHE, CONLEY, 
YANCEY and HONAN offered the following: 

WHEREAS; The Governor of Massachusetts has 
called up approximately 1,740 National Guardsmen in 
our country's War on Terrorism since September 11, 
2001; and 

WHEREAS; Numerous members of the National 
Guard are from Boston, including firefighters, police 
officers, and other city employees; and 

WHEREAS; These National Guaid soldiers have 
incurred losses in income and employee benefits, sepa- 
ration from family, and career umcertainty as a result of 
their service to our country; and 

WHEREAS: The National Guard missions have 
included essential functions, such as engaging in home- 
land defense. Therefore Be It 

RESOLVED: The Boston City Council honors the 
National Guaid for their meritorious service on behalf 
of the people of Boston and the Commonwealth of 
Massachusetts. 

The rules were suspended; the resolution was 
adopted. 



16 



CITY COUNCIL 



ORDER FOR HEARING PRIOR TO ZONING COM- 
MISSION HEARING ON ZONING CODE 
AMENDMENT THAT WOULD RAISE 
HEIGHT LIMIT UP TO 350' ON CERTAIN 
DEVELOPMENT PARCELS (DOCKET NO. 
0157) 

Councilor HENNIGAN offered the following: 

Whereas; The Boston Redevelopment Authority has 
proposed a Zoning Code amendment that would raise 
the height limit up to 350' on certain development 
parcels within the City of Boston; and 

Whereas: The proposed changes would greatly 
increase the permissible density in certain areas of the 
city; and 

WTiereas: The proposed changes could provide sig- 
nificant incentives for the demoUtion and redevelop- 
ment of older buildings within the city that are not des- 
ignated landmarks; and 

Whereas: It is advantageous for the City to promote 
the development of residential housing; and 

Whereas: It is critical for the City to stimulate the 
local economy and promote appropriate development to 
create jobs, and an increased tax base; and 

Whereas: The residents of the City of Boston are enti- 
tled to adequate public review and discussion of pro- 
posed zoning changes; and 

Whereas: The public needs to be educated on these 
proposed changes, and be offered the opportunity to 
provide comments and feedback; Therefore Be It 

Ordered: The appropriate City Council committee 
conduct a hearing prior to the Zoning Commission hear- 
ing on said proposed changes and request the appropri- 
ate BRA officials and members of the Menino 
Administration to attend and explain the parameters and 
ramifications of this zoning amendment. 

Referred to the Committee on Economic 
Development. 



Delahunt's requests that the Congressional Judiciary 
Committees conduct hearings to examine the burdens 
and benefts of Major League Baseball's exemption from 
the nation's antitrust laws. 

Referred to the Committee on State and Federal 
Relations. 



RESOLUTION SUPPORTING SENATOR 

KENNEDY'S AND CONGRESSMAN 
DELAHUNT'S CALL FOR CONGRESSIONAL 
HEARINGS INTO MAJOR LEAGUE BASE- 
BALL'S ANTITRUST EXEMPTION (DOCKET 
NO. 0158) 

Councilor HENNIGAN offered the following: 

Whereas: Major League Baseball is recognized as a 
monopoly and able to operate without complying with 
federal antitrust laws; 

Whereas: The full extent of the benefits provided by 
this exemption to Major League Baseball, and the true 
and full costs of this exemption to the residents of 
Boston are uncertain, as shown by recent events sur- 
rounding the proposed sale of the Boston Red Sox; and 

Whereas: The United States House of 
Representatives has already conducted hearings to 
investigate the anti-trust exemption granted to Major 
League Baseball; and 

Whereas: United States Senator Edward Kennedy has 
called on the Senate Judiciary Committee to conduct a 
public examination of Major League Baseball's anti- 
trust exennption; and 

Whereas: United States Representative William 
Delahunt has called on the U.S. House of 
Representatives to conduct further hearings to examine 
Major League Baseball's anti-trust exemption; and 

Whereas: The residents of the City of Boston and the 
general public have a compelling interest in the antitrust 
exemptions granted to Major League Baseball; 
Therefore Be it 

Resolved: That the Boston City Council does hereby 
support Senator Kennedy's and Congressman 



ORDER FOR LOAN OF $60,000,000 FOR PLAN- 
NING DESIGNING ACQUIRING LAND FOR, 
CONSTRUCTING. AND ORIGINALLY 
EQUIPPING STRUCTURES AND FACILITIES 
AND FOR REMODELING RECONSTRUCT- 
ING OR MAKING MAJOR ALTERATIONS, 
ADDITIONS AND MAJOR REPAIRS TO 
EXISTING FACILITIES INCLUDING ORIGI- 
NAL EQUIPMENT AND LANDSCAPING, 
INCLUDING PLANTING OF SHADE TREES, 
PAVING AND OTHER SITE IMPOVEMENTS 
INCIDENTAL OR DIRECTLY RELATED TO 
SUCH REMODELING RECONSTRUCTION 
OR REPAIR FOR PURPOSES OF SCHOOL 
DEPARTMENT (DOCKET NO. 0159) 

Councilor YANCEY offered the following: 

ORDERED: That the sum of sixty million dollars 
($60,000,000) be, and hereby is, appropriated for pro- 
jects which may become approved school projects 
within the meaning of Chapter 645 of the Acts of 1948, 
as amended, including the planning, designing, acquir- 
ing land for, constructing and originally equipping 
structures and facilities and for remodeling, reconstruct- 
ing, or making major alterations, additions, and major 
repairs to existing facilities including original equip- 
ment and landscaping, including the planting of shade 
trees, paving and other site improvements incidental or 
directly related to such remodeling, reconstruction or 
repair for the purposes of the School Department; and 
that to meet said appropriation the Collector/Treasurer 
be, and hereby is authorized under the provisions of 
Chapter 642 of the Acts of 1966, as amended, or under 
the provisions of Clauses (3) and/or (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 certifi- 
cates of indebtedness of the City up to said amount, pro- 
vided that the appropriation authorized be expended 
only for a high school in Mattapan; and be it 

ORDERED: That the Office of Budget Management 
and the managing department for each project shall 
issue written quarterly capital reports to the Boston City 
Council on all capital construction projects funded by 
this loan order, beginning on October 1 , 2002 and sub- 
sequently on January 1, April 1 and July 1 of each pro- 
ject. These shall include the following information: 

Written description of projects summarizing activities 
for the last quarter including but not limited to: existing, 
current and future authorization detail, scope of project, 
current status of project, projected start date, projected 
milestones/benchmarks tied to construction schedule, 
projected completion date, projected on-line date, his- 
torical spending information, current year to date spend- 
ing information up to last date of reporting quarter, 
anticipated future spending, any information on antici- 
pated cost over-runs. 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $3,500,000 FOR ACQUIR- 
ING LAND OR INTEREST IN LAND FOR 
ANY PURPOSE FOR WHICH CITY IS OR 
MAY HEREAFTER BE AUTHORIZED TO 
ACQUIRE LAND OR INTEREST THEREIN: 
AND FOR CONSTRUCTION OF BUILDINGS 
OR FOR ADDITIONS TO SUCH BUILDINGS 
INCLUDING COST OF ORIGINAL EQUIP- 



JANUARY 16, 2002 



17 



MENT AND FURNISHINGS OF SAID BUILD- 
INGS FOR PURPOSES OF SCHOOL DEPART- 
MENT (DOCKET NO. 0160) 

Councilor YANCEY offered the following: 

ORDERED: That the sum of Three Million Five 
Hundred Thousand Dollars ($3,500,000) be, and hereby 
is, appropriated for acquiring land, or interests in land, 
for any purpose for which the City is, or may hereafter 
be, authorized to acquire land or interests therein; and 
for the construction of buildings, or for additions to such 
buildings where such additions increase the floor space 
of said buildings, including the cost of original equip- 
ment and furnishings of said buildings, for the purposes 
of the School Department; and that to meet said appro- 
priation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause (3) of Section 
7 of Chapter 44 of the General Laws, to issue from time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. Be it further: 

ORDERED: That the Office of Budget Management 
and the managing department for each project shall 
issue written quarterly capital reports to the Boston City 
Council on all capital construction projects funded by 
this loan order, beginning on October 1 , 2002 and sub- 
sequently on January 1, April I and July I of each pro- 
ject. These shall include the following information: 

Written description of projects summarizing activities 
for the last quarter including but not limited to: existing, 
current and future authorization detail, scope of project, 
current status of project, projected start date, projected 
milestones/benchmarks tied to construction schedule, 
projected completion date, projected on-line date, his- 
torical spending information, current year to date spend- 
ing information up to last date of reporting quarter, 
anticipated future spending, any information on antici- 
pated cost over-runs. 

Attachment 

1. Dorchester High School (study/assessment 
$500,000; masonry and roof repairs $3.0M) 

Referred to the Committee on Ways and Means. 



ORDINANCE INCREASING SAFETY OF STU- 
DENTS ON SCHOOL BUSES (BUS MONI- 
TORS) (DOCKET NO. 0161) 

Councilor YANCEY offered the following: 

City of Boston 

In the Year Two Thousand and Two 

AN ORDINANCE INCREASING THE SAFETY OF 
STUDENTS ON SCHOOL BUSES 

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

SECTION 1 

City of Boston Code, Ordinances, Chapter Nineteen, 
as amended, is hereby further amended by inserting the 
following: 

19-1.3 SCHOOL BUS SAFETY 
19-1.32 Bus Monitors. 

Every .sehool bus, with a capacity of 35 or more pas- 
sengers, employed regularly for the transportation of 
children to schools in the City of Boston shall, in addi- 



tion to the driver, operate with an employee known as a 
bus monitor, so called, during each trip to ensure the 
safety and orderly conduct of the riders and driver This 
section shall not apply to those vehicles owned or leased 
by the Massachusetts Bay Transportation Authority. 

SECTION 2 

This ordinance shall take effect on July 1, 2002. 

Referred to the Committee on Education and 
School Matters. 



ORDINANCE INCREASING SAFETY OF STU- 
DENTS ON SCHOOL BUSES (SAFETY 
BELTS) (DOCKET NO. 0162) 

Councilor YANCEY offered the following: 

City of Boston 

In the Year Two Thousand and Two 

AN ORDINANCE INCREASING THE SAFETY OF 
STUDENTS ON SCHOOL BUSES 

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

SECTION 1 

City of Boston Code, Ordinances, Chapter Nineteen, 
as amended, is hereby further amended by inserting the 
following: 

19-1.3 SCHOOL BUS SAFETY 

19-1.33 Safety Belts. 

Every school bus regularly employed for the trans- 
portation of children to school in the City of Boston, 
shall be equipped with seat belts, complying with the 
provisions of Section 7B of Chapter 90 of the General 
Laws. This section shall not apply to those vehicles 
owned or leased by the Massachusetts Bay 
Transportation Authority. 

SECTION 2 

This ordinance shall apply to school buses purchased 
on or after July 1,2002. 

Referred to the Committee on Education and 
School Matters. 



ORDER REGARDING APPOINTMENT OF NEL- 
SON ARROYO AS MEMBER OF THE ZON- 
ING BOARD OF APPEALS FOR TERM TO 
EXPIRE MAY 1, 2004 (DOCKET NO. 0100) 

Councilor HENNIGAN called Docket No. 0100 
from the Committee on Economic Development. 

Hearing no objection, the matter was before the body. 

On motion of Councilor HENNIGAN, the rules were 
suspended; the order was passed. 



ORDER REGARDING APPOINTMENT OF JANE 
BRAYTON AS MEMBER OF THE ZONING 
BOARD OF APPEALS FOR TERM TO EXPIRE 
MAY I, 2004 (DOCKET NO. 0101) 

Councilor HENNIGAN called Docket No. 0101 from 
the Committee on Economic Development. 

Hearing no objection, the mailer was bcl'on: ihc body. 



18 



CITY COUNCIL 



On motion of Councilor HENNIGAN, the rules were 
suspended; the order was passed. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, one 
late-filed matter would be added to the Agenda. 

No objection being heard, the following matter was 
added: 

ORDER FOR HEARING RE: POLICE CADET BUD- 
GET VIS-A-VIS ACTUAL HIRING AND 
IMPLEMENTATION OF CADET PROGRAM 
DURING FISCAL YEAR (DOCKET NO. 0175) 

Councilors KELLY, FEENEY and MURPHY offered 
the following: 

ORDERED: That the City Council conduct a hearing 
to examine the Police Cadet Budget vis-a-vis actual hir- 
ing and implementation of the Cadet Program during the 
fiscal year. 

Referred to the Committee on Ways and Means. 



CONSENT AGENDA 

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

Councilor Hennigan: Congratulating Gertrude H. 
Foley (Docket No. 0163). 

Councilor Honan: Congratulating Timothy Garvin 
(Docket No. 0164). 

Councilor Turner: Congratulating Robert Dyott 
(Docket No. 0165). 

Councilor Feeney: Congratulating Father John Doyle 
(Docket No. 0166). 

Councilor Yancey: Congratulating F. Lucille Moody 
Hayes (Docket No. 0167). Congratulating N. Michael 
Portnoy (Docket No. 0168). Congratulating Frantz 
Kebreau (Docket No. 0169). Congratulating Haitian- 
American United, Inc. (Docket No. 0170). 

Councilor Kelly: Congratulating Sylvia Sawin 
(Docket No. 0171). 

Councilor Murphy: Declaring January 14, 2002 
"Helen Thomas Day" (Docket No. 0172). 

Councilor Feeney: Congratulating Lillian Sheehy 
(Docket No. 0173). 

Councilor Ross: Recognizing Nex Communications 
(Docket No. 0174). 

The Chair stated that in the absence of objection, one 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter 
added: 



Councilors YANCEY, CONLEY, ROACHE, MUR- 
PHY, HENNIGAN, FEENEY, ROSS, TOBIN, 
TURNER, FLAHERTY and KELLY offered the follow- 
ing: 

WHEREAS: The late Reverend Dr. Martin Luther 
King, Jr. was a leader of great courage and skill who 
became known as a drum major of the American Civil 
Rights Movement to enfranchise black citizens; and 

WHEREAS: DR KING'S life was tragically cut short 
by an assassin's bullet in April of 1968 in Memphis, 
Tennessee while he was there to champion the cause of 
underprivileged workers; and 

WHEREAS: Due to the efforts of many dedicated 
people who believe DR. KING deserves national recog- 
nition, the third Monday in January is nationally recog- 
nized as a day to remember DR KING his legacy, and 
the causes for which he so gallantly fought and died; 
and 

WHEREAS: Massachusetts had the privilege of DR. 
king's presence when he lived and studied in Boston 
at Boston University School of Divinity, receiving his 
Ph.D. in 1953; and 

WHEREAS: DR. KING'S life will always shine as a 
light for those without hope and as an example to be 
emulated by all who care about their fellow human 
beings, regardless of race, religion, class or nationality; 
and 

WHEREAS: On January 12. 1999, Councillor 
Yancey filed an Order in the Chy Council calling for a 
statue in the likeness of Rev. Dr. Martin Luther King, Jr. 
to be constructed in the vicinity of Boston City Hall, 
which Order was passed by a vote of 12 to 1; Be it 
Therefore 

RESOLVED: That the Boston City Council hereby 
recognize January 21, 2002 as REVEREND DR. MAR- 
TIN LUTHER KING DAY in the City of Boston and 
ask all citizens to reflect upon the significance of this 
extraordinary man's life. 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, it be to meet again on Wednesday, 
January 30, 2002, at 12:00 noon. 

The motion was carried. 



Adjourned at 2:45 p.m. on motion of the Chair to 
meet again on Wednesday, January 30, 2002, at 12:00 



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



RESOLUTION THAT BOSTON CITY COUNCIL 
RECOGNIZE JANUARY 21, 2002 AS REV- 
EREND DR. MARTIN LUTHER KING JR. 
DAY IN CITY OF BOSTON (DOCKET NO. 
0176). 



CITY COUNCIL 



19 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, January 30, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:30 p.m.. President FLAHERTY in the Chair and all 
members present. 

INVOCATION 

Sister Maryadele Robinson, South Boston, delivered 
the invocation and the meeting was opened with the 
pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR CONLEY 

Councilor Conley presented Julie Piacentini with a 
resolution for her honor in being selected as one of four 
women in the United States to officiate in this year's 
Winter Olympics Women's Ice Hockey. 



ORDER AUTHORIZING OFFICE OF HUMAN 
RESOURCES TO ACCEPT AND EXPEND 
FUNDS OF $45,000 FROM BOSTON WATER 
AND SEWER COMMISSION TO FUND CLIN- 
ICIAN/SUBSTANCE ABUSE COUNSELOR IN 
BOSTON EMPLOYEE ASSISTANCE PRO- 
GRAM (DOCKET NO. 0177) 

The following was received: 

City of Boston 
Office of the Mayor 

January 29, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Office of Human Resources to accept and 
expend funds in the amount of $45,000 from the Boston 
Water & Sewer Commission (BW&SC). The funds will 
be used to fund a clinician/substance abuse counselor in 
the City of Boston Employee Assistance Program, who 
will provide counseling services. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the 
Office of Human Resources and pursuant to the author- 
ity granted to him under M.G.L. c. 44, § 53A be, and is 
hereby authorized to accept and expend funds in an 
amount not to exceed $45,000.00 from the Boston Water 
& Sewer Commission. The funds will be used to fiind a 
clinician/substance abuse counselor in the City of 
Boston Employee Assistance Program. 

Referred to the Committee on Government 
Operations. 



CATION AND TRAINING (G.R.E.A.T) FOR 
PURPOSE OF CONTINUING ITS G.R.E.A.T 
PROGRAM (DOCKET NO. 0178) 

The following was received: 

City of Boston 
Office of the Mayor 

January 23, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department a grant in the 
amount of $257,518.13 from the Department of 
Treasury, Bureau of Alcohol, Tobacco and Firearms 
Gang Resistance Education and Training (G.R.E.A.T). 
The grant is to be used for the purpose of continuing its 
G.R.E.A.T Program. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered: That the Mayor, acting on behalf of the City 
of Boston Police Department and pursuant to the author- 
ity granted to him under M.G.L. c. 44, § 53A be, and is 
hereby authorized to accept and expend a grant from the 
U.S. Department of Treasury's Bureau of Alcohol, 
Tobacco and Firearms' G.R.E.A.T. in an amount not to 
exceed $257,518.13. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF 
$257,518.13 FROM DEPARTMENT OF TREA- 
SURY, BUREAU OF ALCOHOL, TOBACCO 
AND FIREARMS GANG RESISTANCE EDU- 



ORDER AUTHORIZING PARKS AND RECRE- 
ATION DEPARTMENT TO APPLY FOR, 
ACCEPT AND EXPEND GRANT OF $62,000 
FROM DEPARTMENT OF ENVIRONMENTAL 
MANAGEMENT TO BE USED SOLELY TO 
PROVIDE FUNDING FOR CAPITAL PARKS 
PROJECT ENTITLED "ARBORWAY MASTER 
PLAN" (DOCKET NO. 0179) 

The following was received: 

City of Boston 
Office of the Mayor 

January 23, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston through the Commissioner of 
Parks and Recreation to apply, accept and expend a 
grant in an amount not to exceed $62,000 from the 
Department of Environmental Management. The grant 
will be used solely to provide funding for the capital 
parks project entitled the "Arborway Master Plan", 
which will include designing and a traffic study. 

I urge your Honorable Body to adopt this Order as 
soon as possible so the City of Boston may apply for, 
accept the funds expeditiously and expend them for the 
purposes for which the funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered: That the Mayor, acting on behalf of the 
Parks and Recreation Department and pursuant to the 
authority granted to him under M.G.L. c.44, § 53A be. 
and is hereby authorized to apply for, accept and expend 
a grant in an amount not to exceed $62,000 from the 
Department of Environmental Management. The grant 
is to be used for the capital project entitled the 
"Arborway Master Plan". 

Referred to the Committee on City and 
Neighborhood Services. 



20 



CITY COUNCIL 



ORDINANCE AMENDING ORDINANCE SECTION 
5-3 RE: PUBLIC SAFETY COMMISSION 
(DOCKET NO. 0180) 

The following was received: 

City of Boston 
Office of the Mayor 

January 24, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an ordinance to 
amend City of Boston Code, Ordinances, §5-3.1, by 
transferring the Public Safety Commission from the 
Administrative Services Department to the Police 
Department. 

In these times of increased security concerns, when 
municipalities are on the front lines of the fight against 
terrorism, it is important to ensure the efficient and con- 
certed action of the various City departments that deal 
with public safety. 

It is my belief that the Public Safety Commission 
should be placed under the confrol of the Police 
Department to increase efficiency and provide the high- 
est levels of public safety. 

I urge your Honorable Body to act favorably on the 
proposed Amendment without delay. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Section 1 . City of Boston Code, Ordinances, Section 
5-3.1, is hereby amended by striking the words 
"Administrative Services Department" and inserting in 
place thereof the words "Police Department". 

Referred to the Committee on Government 
Operations. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: HAYWARD PLACE PASSED BY CITY 
COUNCIL DECEMBER 12, 2001 (DOCKET 
NO. 0181). 

The following was received: 

City of Boston 
Office of the Mayor 

January 24, 2002 
To the City Council. 
Dear Councillors: 

Relative to Section 17F request passed by your 
Honorable Body on December 12, 2001 re: Hayward 
Place, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the documentation referred to.) 
Placed on file. 



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRJME STATISTICS FOR PERIOD 
OF OCTOBER 1, THROUGH DECEMBER 31, 
2001. (DOCKET NO. 0182) 

The following was received: 

City of Boston 
Office of the Mayor 

January 23, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing October 1, 2001 and ending 
December 31, 2001. 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the documentation referred to.) 
Placed on file. 



NOTICE RECEIVED FROM DEPARTMENT OF 
TELECOMMUNICATION AND ENERGY RE: 
KEYSPAN ENERGY DELIVERY NEW ENG- 
LAND FOR APPROVAL OF ITS LONG- 
RANGE FORECAST AND RESOURCE PLAN 
(DOCKET NO. 0183) 

Notice received from Department of 
Telecommunication and Energy re: Keyspan Energy 
Delivery New England for Approval of its Long-Range 
Forecast and Resource Plan. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0184) 

Notice was received from the Mayor of the appoint- 
ment of Constance J. Doty as Trustee of the 
Neighborhood Jobs Trust for a term expiring January 
14, 2004. 

Placed on file. 



COMMUNICATION FROM MARK SWEENEY, 
ASSISTANT CORPORATION COUNSEL, 
LAW DEPARTMENT, RE: CORRECTION OF 
ZONING COMMISSION APPOINTMENT 
LETTERS (DOCKET NO. 0185) 

The following was received: 

City of Boston 
Law Department 

January 17,2002 

Rosaria Salerno, City Clerk. 
Dear Ms. Salerno: 

It has come to my attention that City Council Docket 
Nos. 100 and 101 contain a scrivener's error. Although 
all of the discussion of these measures at the City 
Council meeting on January 16, 2002: referred to the 
Boston Zoning Commission, the City Council Orders 
incorrectly refer to the Zoning Board of Appeal. 

As these measures have not been presented to the 
Mayor for his approval, would you kindly correct 
Docket Nos. 100 and 101 pursuant to City Council Rule 
13, with the approval of the President of the City 
Council. 

Thank you for your attention to this matter. 
Sincerely, 

Mark Sweeney, 
First Assistant 
Corporation Counsel. 
Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0186) 

Notice was received from the Mayor of the appoint- 
ment of Brendan McDonough as member of the 
Retirement Board. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0187) 



JANUARY 30, 2002 



21 



Notice was received from the Mayor of his absence 
from the City on January 18, 2002 until January 19, 
2002. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0188) 

Notice was received from the Mayor of his absence 
from the City on January 22, 2002 until January 26, 
2002. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0189) 

Notice was received from the Mayor of his absence 
from the City on January 27, 2002 until January 30, 
2002. 

Placed on file. 



APPROVAL OF CONSTABLES BONDS 
(DOCKET NO. 0190) 

The Constables' Bonds of Arthur Montgomery, 
Raymond Phoenix, Tracey C. Rayland-Kelley, having 
been duly approved by the Collector-Treasurer, were 
received and approved under the usual terms and condi- 
tions. 



COMMUNICATION FROM LAWRENCE S. 
DICARA, NIXON PEABODY, LLP, RE: CBC 
ORDINANCES 5-5. lOA COMPENSATION 
ADVISORY BOARD (DOCKET NO. 0191) 

The following was received: 

Nixon Peabody LLP 

Attorneys at Law 

101 Federal Street 

Boston, MA 021 10-1832 

via Hand Delivery 
Hon. Thomas M. Menino 
Mayor of Boston 
Boston City Hall 
Boston, MA 02201 

Dear Mr. Mayor: 

Pursuant to CBC ordinance 5-5. 10 A, the 
Compensation Advisory Board has met and reviewed 
the compensation for Department Heads and others 
established by vote of the City Council and the signature 
of the Mayor. In doing so, we have received professional 
assistance from the Hay Group, which has helped us 
review comparable salaries and other factors impacting 
such compensation. We reviewed carefully the report 
issued two years ago, a copy of which is on file in the 
officeof the City Clerk. 

Our concerns are similar to those which we raised at 
that time. Boston is a large city, the core of one of the 
great metropolitan areas of our nation. It is an expensive 
city; housing and other variables contribute to a higher 
cost of living than could have been imagined two or 
three decades ago. Competition for competent public 
managers continues to be intense. It is important that the 
City of Boston award competence and provide merit 
increases to key managers in city government. 

Almost thirty years ago, the Mayor and the City 
Council reached a decision that it would be far better to 
provide for a range within which salaries could be estab- 
lished for the city's chief public managers. The model 
enacted at that time was considered to be far superior to 
the occasional changes necessitated by the arrival of a 



new department head. Almost twenty years ago, the 
Compensation Advisory Board was created to provide 
recommendations to the Mayor and the Council with 
respect to these important decisions in each even-num- 
bered year. 

Hay Group can do research. The Committee can meet 
and submit this report. In the end, however, it is the vote 
of the Council and the signature of the Mayor which are 
required to make these changes. It is also the leadership 
of the Mayor which is required to provide increases for 
those department heads who merit them, far above and 
beyond whatever may be established to be the increase 
in the cost of living. 

Compression continues to be a major concern of the 
Compensation Advisory Board. We are especially con- 
cerned about the compensation of the police commis- 
sioner, given that with the implementation of the Quinn 
Bill, a number of senior police personnel already earn in 
excess of the Commissioner. It is necessary to remedy 
this unacceptable situation by giving the police commis- 
sioner a significant increase. As we did in our report two 
years ago, we are also recommending that the director of 
Management Information Services or chief information 
officer be elevated to Category IB from Category II. 
Once again we also recommend that there be a review, 
prior to any ordinance being voted upon by the City 
Council, with respect to those positions that are 
presently covered by ordinance. If it has been decided 
that the members of the Election Commission are to be 
paid on a per diem basis, then Category IVB should be 
removed from the ordinance. Furthermore, there are 
some positions, many of which are in the Assessing 
Department, which need not be covered by ordinance, 
given that they are covered by the MM Compensation 
System. Our recommendations are premised upon these 
positions remaining within the ordinance, although it is 
not our role to recommend which should be removed. 

In calculating the proposed changes, we have 
reviewed the changes which we proposed in 1998 and 
the ordinance which was passed that year, the current 
salaries for those covered by ordinance, our report from 
the year 2000 and also other data. We urge that the 
Mayor and the Council, given that there have been no 
increases in these ranges for four years, review and con- 
sider these changes early in the new year. We also do so 
realizing that it has been four years since there has been 
a change to the salary schedule and that it may be 
another four years before other changes are made. The 
exact ranges, of course, are subject to the vote of the 
Mayor and the Council. We are recommending salary 
range increases as follows: 

Category I A $1 10,000-5160,000 
Category IB $100,000-5145,000 
Category II $95,000-5140,000 
Category III $85,000-5125,000 
Category IV 565,000-595,000 

We are also recommending comparable adjustments 
for the Mayor and for the City Council, who have had no 
adjustments to their compensation since 1998. 
Specifically we recommend that the salary of the Mayor 
should be increased to 5150,000 and the salary of the 
City Councillors to $75,000. In addition, we suggest 
increases of 5100 per diem for the members of the 
Board of Appeal and 550 for the members of the Boston 
Zoning Commission. 

Certainly, no American has not been impacted by the 
attack upon our nation on September 1 1 . No one ques- 
tions the bravery and the commitment of public servants 
in New York City and elsewhere. We are reminded each 
day of their good deeds. Boston is a very ditTcrent place 
than it was in the years after World War II. Public ser- 
vice is viewed quite differently by young people in our 
neighborhoods. We believe that it is important that the 
most important managers in our city be compensated 
appropriately for their ctTorts. 



22 



CITY COUNCIL 



The members of the Compensation Advisory Board 
stand prepared to appear before the City Council to 
review their recommendations. 
Sincerely, 

Lawrence S. DiCara. 



Attachment A 

1998 

I A 90,000-124,000 
IB 86,400- 118,000 
1186,400- 113,400 

III 75,600 - 102,500 

IV 59,400 -81,000 



Proposed 

110,000- 160,000 
100,000- 145,000 
95,000 - 140.000 
85.000 - 125,000 
65,000- 95,000 



Referred to the Committee on Government 
Operations. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS DECEMBER 5, 2001 
MEETING (DOCKET NO. 0192) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

January 29, 2002 

To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1975, 1 hereby notify you ofthe following actions taken 
by the Mayor with regard to the papers acted upon by the 
City Council at its meeting of December 5, 2001. viz: 

1 097 Order approving the issuance of a tax-exempt 
bond(s) in a principal amount not to exceed 
$32,000,000.00 from the Boston Industrial 
Development Financing Authority (BIDFA) for an 
Industrial Development Project for Crosstown Center 
Hotel LLC, and affiliate of Crosstown Associates, LLC. 

Approved by the Mayor December 20, 2001. 

1298 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $91,603.00 to pro- 
vide funding in the School Department for the FY02 
cost items contained within the Plant Administrators 
Association and Lunch Monitors Association agree- 
ments. 

Approved by the Mayor December 7, 2001. 

1299 Order approving a supplemental appropriation 
for the School Department of $91,603.00 to cover the 
costs items contained in the Plant Administrators 
Association and Lunch Monitors Association. 

Approved by the Mayor December 7, 2001. 

1318 Order adopting the minimum residential factor 
for property tax classification and the maximum resi- 
dential exemption for FY02. 

Approved by the Mayor December 12, 2001. 

1340 Order authorizing the Parks and Recreation 
Commissioner to apply for, accept and expend a grant of 
$62,500.00 to be awarded fi-om the Massachusetts 
Department of Environmental Management, for the pur- 
pose of funding for the capital parks project entitled the 
"Gravemarker Conservation in Dorchester North and 
Eliot Burying Grounds" which will include designing, 
permitting and construction activities. 

Approved by the Mayor December 12, 2001. 

1341 Order authorizing the Parks and Recreation 
Commissioner to apply for, accept and expend a grant of 
$45,000.00 to be awarded fi-om the Massachusetts 
Historical Commission, for the purpose of funding for 
the capital parks project entitled the "Gravemarker 
Conservation in Dorchester North and Eliot Burying 
Grounds." 



Approved by the Mayor December 12,2001 

1342 Order authorizing the Parks and Recreation 
Commissioner to apply for, accept and expend a grant of 
$30,000.00 to be awarded from the Massachusetts 
Historical Commission, for the purpose of funding for 
the capital parks project entitled the "Repair and 
Preservation of the Wood Family Mausoleum, 
Dorchester North and Burying Ground". 

Approved by the Mayor December 12, 2001. 

1343 14 Constable's Bonds. 

Approved by the Mayor December 19, 2001. 
Very truly yours, 

Rosaria Salerno, 

Cify Clerk. 
Placed on file. 



COMMUNICATION FROM LAWRENCE S. 
DICARA, CHAIRMAN, AUDIT COMMITTEE 
RE: COPY OF AUDIT COMMITTEE REPORT 
(DOCKET NO. 0193) 

The following was received: 

Cify of Boston 
Audit Committee 

January 17, 2002 

The Members ofthe Boston Cify Council: 

We are writing to update you on our activities as 
members of the Audit Committee of the Cify of Boston 
for the year ended December 31, 2001. During this 
period, we had four meetings with the Cify's indepen- 
dent auditors, KPMG LLP ("KPMG"), and City 
Management to discuss various aspects of the Cify's 
audit as follows: 

January 18,2001 

The meeting centered on a discussion ofthe manage- 
ment letter issued by KPMG as a result of their audits 
for the fiscal year 2000 financial statements. The pri- 
mary focus was on revenues and departments that 
receive cash. In addition, the management letter pro- 
vided recommendations for operational and internal 
control improvements. 

KPMG's report on the Cify's internal controls con- 
tained no material weaknesses. 

KPMG presented the status of their audit of Federal 
expenditures in accordance with the Single Audit Act of 
1996 as amended. Schools and Housing continue to be 
the major beneficiaries of Federal funds. Their report 
contained no major findings or material weaknesses. 

June 21, 2001 

Representatives from KPMG provided us with a 
progress report of their fiscal year 2001 audit. Planning 
has begun and initial meetings have taken place. 

The status of the PeopleSoft system was discussed 
noting most issues have been worked out; the new sys- 
tem is more efficient, and the records are more current. 

September 27, 2001 

The meeting was devoted to a discussion ofthe status 
ofthe Cify's financial and single audits, any significant 
issues raised to date and the timetables for completion. 
No significant issues were presented to us at this time. 

The Committee discussed various other financial 
items that could adversely affect the Cify in the short 
term. Items included police overtime related to the secu- 
rify issues subsequent to the terrorist acts of September 
11, 2001; costs associated to the Fire Department sick 
and vacation buy back attached to their new contract set- 
tlement and the impact of September 1 1th on real estate 
values and abatements. 

December 5, 2001 

An overview of the Cify's financial condition and 
results of the audit ofthe Cify's fiscal 2001 financial 
statements was presented to the Committee. 

KPMG informed us that there were no disagreements 
with Cify management and all audit issues relating to 
the financial statements were resolved to their satisfac- 



JANUARY 30, 2002 



23 



tion. KPMG issued an unqualified opinion on the City's 
financial statements for the fiscal year 2001 . 

It was noted that the City appears to be adequately 
reserved for what appears to be a downturn in the econ- 
omy. Most notably, reserves for tax abatements and 
assessment adjustments appear sufficient given the soft- 
ness in the real estate market. 

Sally Glora spoke about the City's plan for managing 
for the increase in security costs, specifically Police and 
Fire overtime and for the expected economic downturn. 
This discussion included the plan for dealing with an 
anticipated revenue shortfall in the fiscal 2002 budget. 
Ms. Glora also indicated that the City would offer a 
bond issue in the early part of calendar 2002. 

The City's audit reports discussed above are on file in 
the City Clerk's office. 

During the past year, the Committee members have 
received the ftill cooperation of the Chief Financial 
Officer and the City Auditor in dealing with the issues 
presented to us. If any member of the City Council has 
further questions about our activities, please contact me 
at 345-1210. 

Very truly yours, 

Lawrence S. DiCara, 
Chairman. 

Placed on file. 



ORDER FOR HEARING TO WHICH DER\RTMENT 
OF NEIGHBORHOOD DEVELOPMENT 
(DND) OFFICIALS BE INVITED TO EXPLAIN 
LABELING OF 278 PARCELS AS PROBLEM- 
ATIC AND OFFER THEIR SUGGESTIONS 
FOR REMEDYING PROBLEMS (DOCKET 
NO. 0194) 

Councilor TURNER offered the following: 

Whereas: Residents of the City of Boston are being 
driven out of Boston because of the lack of affordable 
housing; and 

Whereas: It is essential that every piece of land 
owned by the City of Boston be examined in terms of its 
suitability as a location for the development of afford- 
able housing; and 

Whereas: 278 parcels of land, owned by the City of 
Boston and controlled by the Department of 
Neighborhood Development (DND) are listed as prob- 
lematic; and 

Whereas: 255 of the 278 parcels are located in one 
neighborhood, West Roxbury. Therefore be it 

Ordered: That a hearing be held to which Department 
of Neighborhood Development (DND) officials be 
invited to explain the labeling of 278 parcels as prob- 
lematic and to offer their suggestions for remedying the 
problems. 

Referred to the Committee on Housing. 



ORDER FOR HEARING TO ASSESS PROGRESS 
OF "LEADING THE WAY" (DOCKET NO. 0195) 

Councilors YANCEY and TURNER offered the 
following: 

Whereas: "Leading The Way", the City of Boston 
Housing Strategy, published in October 2000 estab- 
lished goals of 7,50() new units over the next three years; 
and 

Whereas: We are entering the second year of this 
three year plan (extended to four in June of 2001 ); and 

Whereas: The City Council needs to assess the City's 
progress to date in order to see what changes may be 
necessary THEREFORE BE IT 

Ordered: That a hearing be held before the appropri- 
ate Committee of the City Council to assess progress in 



meeting the "Leading The Way" goals listed below: 

1. "City-assisted affordable housing production of 
2,100 units 40% of the 2,100 newly-created affordable 
units will also be affordable to low-income and home- 
less people (earning less than 50% of area median 
income.. . ), and another 40% of the units are affordable 
to moderate income households (earning under 80% of 
area median income)", 

2. "Public housing vacant units: reclamation of 1, 
100" 

3. "Between the units created through City-assisted 
new development and the 1,100 BHA vacant units, 
almost 2,000 new low income units will be created over 
the next three years, The City's goal is to make 900 of 
these units available to homeless families and individu- 
als" 

4. "Private market production of 4,300 units", and be 
it further: 

Ordered: That the Director of the Department of 
Neighborhood Development and the Director of the 
Boston Redevelopment Authority be asked to testify on 
the specific achievements of their agencies in meeting 
the affordability targets listed above; including units for 
homeless families and individuals"; be it further 

Ordered: That the Director of the Boston Housing 
Authority be asked to testify on the progress on BHA 
goals, including units for the homeless. 

Referred to the Committee on Housing. 



ORDER FOR HEARING TO ASSESS WHAT 
ACTION CAN BE TAKEN TO INCREASE 
NUMBER OF POLICE OFFICERS WALKING 
ON DAILY BASIS IN NEIGHBORHOODS 
WHERE CRIME IS INCREASING (DOCKET 
NO. 0196) 

Councillors TURNER, YANCEY, HENNIGAN, 
FEENEY, HONAN, KELLY, TOBIN, ROACHE, ROSS 
and SCAPICCHIO offered the following: 

Whereas: Crime is on the increase in the neighbor- 
hoods of Boston, and 

Whereas: The City of Boston needs to strengthen its 
ability to intervene and curtail the rise in crime; and 

Whereas: During the 1980s, the practice, introduced 
by former Commissioner Roache, of having police offi- 
cers leave their cars and walk in the neighborhoods dur- 
ing their daily tours of duty proved to be a very effective 
deterrent to crime; and 

Whereas: The Boston Police Department has 
departed from that practice; and 

Whereas: The Police Department states that it has 
very limited resources for such strategies and for bike 
patrol officers; and 

Whereas: Street workers during the 1980s also proved 
to be a very effective preventative strategy; and 

Whereas: There seem to be limited resources for 
deploying such workers in neighborhoods in need of 
such assistance. Therefore be it 

Ordered: That a hearing be held before the relevant 
City Council Committee to assess what action can be 
taken by the City to increase the number of police offi- 
cers walking on a daily basis in neighborhoods where 
crime is increasing. Be it ftirther 

Ordered: That said hearing also examine the question 
of how to increase the number of street workers in areas 
where crime is increasing. Additionally be it 

Ordered: That the Commissioner of Police be asked to 
attend said hearing to give the Council members the lat- 
est statistics on crime and discuss strategics that could 
be employed to put more officers on foot and on bikes 
in neighborhoods where crime is increasing. 

Be it furthermost 

Ordered: That the Director of Community Centers 
and the Director of the Street Worker Unit within 
Community Centers be asked to attend said hearing and 
discuss strategies for increasing the number of street 



24 



CITY COUNCIL 



workers in areas where crime is increasing. 
Referred to the Committee on Public Safety. 



ORDER FOR HEARING TO EXAMINE CITY'S RES- 
IDENT PERMIT PARKING PROGRAM WITH 
REGARD TO ELIMINATING ELIGIBILITY OF 
ANY AND ALL RESIDENTS OF BUILDINGS 
LICENSED AS DORMITORIES (DOCKET NO. 
0197) 

Councillors TOBIN, SCAPICCHIO, ROSS, 
HENNIGAN, FEENEY, ROACHE, YANCEY, MUR- 
PHY, KELLY, HONAN and TURNER offered the fol- 
lowing: 

Whereas: Parking in the City of Boston has become a 
major quality of life issue, and 

Whereas: Longtime residents of the City of Boston 
are being affected by parking by students with resident 
parking permits; and 

Whereas: Many of the local colleges and universities 
have expanded housing into residential neighborhoods 
throughout the City of Boston; and 

Whereas: Most colleges and universities offer on- 
campus parking facilities; Therefore be it 

Ordered: The Boston City Council conduct a hearing 
to examine the City of Boston's resident permit parking 
program with regards to eliminating the eligibility of 
any and all residents of buildings licensed as dormito- 
ries in the City of Boston. 

Referred to the Committee on Transportation. 



ORDINANCE CONCERNING INSTALLATION OF 
FIRE, SMOKE AND CARBON MONOXIDE 
DETECTORS (DOCKET NO. 0198) 

Councilor YANCEY offered the following: 

City of Boston 
In The Year Two Thousand and Two 

AN ORDINANCE CONCERNING INSTALLA- 
TION OF FIRE, SMOKE AND CARBON MONOX- 
IDE DETECTORS 

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

That CBC, Ordinances, Chapter 21 §6 be amended by 
striking the current text and inserting the following new 
language: 

21-6 CONCERNING INSTALLATION OF FIRE, 
SMOKE AND CARBON MONOXIDE DETECTORS 

a. Notwithstanding the provisions of any other 
ordinance now in existence, it shall be the duty and 
responsibility of the legal owner or his agent of a 
building or structure to install and maintain in good 
working order fire and/or smoke detectors and carbon 
monoxide detectors within the premises as defined in 
Sections 26A'a, 26B, and 26C of Chapter 148 of the 
Massachusetts General Laws. 

b. Carbon monoxide detectors shall not be required in 
buildings without carbon monoxide producing agents as 
defined by the Boston Fire Department. 

c. The Boston Fire Department shall enforce the pro- 
visions of this ordinance. 

d. The provisions of this section shall be severable 
and if any section, part, or portion hereof shall be held 
invalid for any purpose by any court of competent juris- 
diction, the decision of such court shall not affect or 
impair any remaining section, part or portion thereof 

e. This ordinance shall take effect twelve months from 
the date of passage. 

Referred to the Committee on Government 
Operations. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0199) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, December 29, 2001, 
the following named people be, and hereby are, 
appointed to the positions set against their names: 

Michael A. Roberts, Secretary, $769.23/week, full 
time. 

Daniel F. Cence, Secretary, $769.23/week, part time 
(24 hours). 

Passed under suspension of the rules. 



ORDER RE: RAISING PRIVATE DOLLARS FOR 
CITY ANIMAL SHELTER (DOCKET NO. 
0200) 

Councillors HENNIGAN, FEENEY, TOBIN, 
KELLY, MURPHY, ROACHE, SCAPICCHIO, 
TURNER, YANCEY, ROSS and HONAN offered the 
following: 

Whereas: The City of Boston has been operating its 
own animal shelter for 1 year as of this February; and 

Whereas: There has been little effort made to raise 
private funds to operate and run this facility; and 

Whereas: There has been offers made to assist the 
City in raising money and offering in kind donations to 
help in the operation and construction of the facility at 
the shelter; and 

Whereas: As the Animal Rescue League of Boston 
just held its first annual telephone which raised over 
168,000 dollars in just 4 hours this past Saturday; and 

Whereas: There are many people who are willing to 
donate their time and money to assist in the humane and 
loving treatment of the City of Boston's animals; and 

Whereas: The city is facing a recession which is 
resulting in a reduction of fiinding which will impact 
important city services; and 

Whereas: It is incumbent upon the City to creatively 
reach out and explore private funding and services 
where available; Therefore Be it 

Ordered: That the appropriate committee of the City 
Council holds a hearing to explore ways to raise private 
dollars for the City of Boston Animal Shelter. 

Referred to the Committee on City and 
Neighborhood Services. 



RESOLUTION SUPPORTING MOTION PICTURES 
OPERATORS UNION LOCAL 182 (DOCKET 
NO. 0201) 

Councillors ROACHE, KELLY, CONLEY, 
FLAHERTY, HENNIGAN, HONAN, MURPHY, 
ROSS, SCAPICCHIO, TURNER, YANCEY, FEENEY 
and TOBIN offered the following: 

Whereas: The members of the Motion Pictures 
Operators Union Local 182 of the International 
Association of Theatrical and Stage Employees are 
trained and licensed motion picture operators; and 

Whereas: Local 182 members are fighting to preserve 
their current wages, while making an offer to fi^eeze 
wages and conditions at their current rates; and 

Whereas: The owners of Loews Cineplex are trying to 
reassign 30 to 40% of the union's work hours to man- 
agers or supervisors; and 

Whereas: Loews is currently facing a 43 paragraph 
Charge at the National Labor Relations Board, claiming 
unfair negotiating tactics, surface bargaining, non-pay- 
ment of monies owed, and illegally disciplining employ- 
ees; and NOW THEREFORE BE IT 

Resolved: That the Boston City Council does hereby 
go on record in support of the Motion Pictures 



JANUARY 30, 2002 



25 



Operators Union Local 1 82. 

On motion of Councilor Roache, the rules were sus- 
pended; the resolution was adopted. 



LATE FILED MATTERS 

The Chair stated that, in absence of objection, 1 late- 
filed matter would be added to the Agenda. 

No objection being heard, the following item was 
added: 

APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0212) 

Councilor FLAHERTY oflfered the following: 

Ordered: That effective Saturday, January 12, 2002, 
the following named people be, and hereby are, 
appointed to the positions set against their names: 

Carol A. Mullen-Maguire, Secretary, $600.00/week, 
full time. 

Passed under suspension of the rules. 



Councillors Yancey and Turner: Recognizing Family 
Awareness (Docket No. 0213) 

The matters contained within the Consent Agenda 
were severally adopted. 



VISITORS TO CITY HALL 

President Flaherty welcomed Cub Scout Pack 1 1 
from Abington who came to the City Council today and 
the City of Boston on a field trip. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
Scapicchio wanted to adjourn in memory of Joe 
Langone, brother of former City Councilor Fred 
Langone, who were a part of a very politically-oriented 
family from the North End of Boston. 



STATEMENT OF COUNCILOR SCAPICCHIO 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
Yancey asked that when we adjourn today, we do so in 
memory of three-year old Malik Andrade Percival who 
was shot in his own home by an unknown perpetrator. 



VISITORS TO CITY HALL 

The Chair wanted to welcome and recognize Ann 
Small from the Boston League of Women Voters who is 
here on her first visit to the City Council Chamber. 



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 Councilor's name: 



Having unanimous consent to do so. Councilor 
Scapicchio wanted to adjourn also in memory of George 
DeMarco, a friend of the Councilor, who died at the 
untimely age of 45. 



Adjourned at 1:40 p.m. on motion of President 
Flaherty and in memory of Malik Andrade Percival, 
Fred Langone and George DeMarco to meet again on 
Wednesday, February 6, 2002 at 12:00 noon. 



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



Councilor Conley: Congratulating Terry Kindamo 
(Docket No. 0202). 

Councilor Feeney: Congratulating Officer Rupert 
Leonard (Docket No. 0203). 

Councilor Yancey: Congratulating Doreen I. White 
(Docket No. 0204). 

Councilor Conley: Congratulating Julie Piacentini 
(Docket No. 0205). 

Councillors Murphy and Scapicchio: Declaring 
January 26, 2002 as "James B. Fitzgerald Day" (Docket 
No. 0206). 

Councillors Turner and Yancey: Recognizing Elder 
Daniel Reason (Docket No. 0207). 

Councilor Ross: Congratulating Shirley Thatcher, 
Yuko Hayashi and Marchelle Raynor (Docket No. 
0208). 

Councillors Turner and Yancey: Congratulating 18 
persons for their dedicated efforts on behalf of many 
organizations (Docket No. 0209). 

Councillors Scapicchio, Roache, Hennigan, Flaherty 
and Murphy: Congratulating Arm DiMaria (Docket No. 
0210). Congratulating Scott Smith (Docket No. 021 1 ). 

The Chair stated that in the absence of objection, two 
late filed matters would be added to the Consent 
Agenda. No objection being heard, the following mat- 
ters were added: 



CITY COUNCIL 



27 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, February 6, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:15 p.m.. President FLAHERTY in the Chair. Absent 
Councilor Roache. 



INVOCATION 

Rabbi Ephraim Greenberg, Temple B'nai-Moshe, 
delivered the invocation and the meeting was opened 
with the pledge of allegiance to the flag. 



ORDINANCE AMENDING SALARY CATEGOR- 
IES FOR CERTAIN OFHCES (DOCKET NO. 0214) 

The following was received: 

City of Boston 
Office of the Mayor 

February 4, 2002 

To the Boston City Council. 
Dear Councillors: 

1 transmit herewith for your consideration an 
Ordinance Amending Salary Categories for Certain 
Offices. The Compensation Advisory Board, pursuant to 
CBC ordinance 5-5. lOA, has met and reviewed the com- 
pensation for Department Heads and others as they are 
directed to do in every even year. In cooperation with 
the Hay Group, the Compensation Advisory Board care- 
fully reviewed comparable salaries and other factors 
affecting such compensation. 

1 support the Compensation Advisory Board's belief 
that it is important that the most important managers in 
our city be compensated appropriately for their efforts. 
Presented with the information in the Compensation 
Advisory Board report, I would urge the Council to 
review and consider these changes in a timely manner, 
given that there have not been increases in these ranges 
in the last four years. 

Thomas M. Menino, 
Mayor of Boston. 



City of Boston 

In the year two thousand and two 
AN ORDINANCE AMENDING SALARY CATE- 
GORIES FOR CERTAIN OFFICES 

Be it ordained by the City Council of Boston, as 
follows: 

Section 1 . City of Boston Code, Ordinances, Chapter 
2-7.11 is hereby amended by striking the words "One 
Hundred Twenty Five Thousand ($125,000.00)" and 
inserting in place thereof the words "One Hundred Fifty 
Thousand ($150,000.00)" 

Section 2. City of Boston Code, Ordinances, Chapter 
2-8.1 is hereby amended by striking the words "Sixty 
Two Thousand Five Hundred ($62,500.00)" and in,sert- 
ing in place thereof the words "Seventy Five Thousand 
($75,000.00)" 

Section 3. City of Boston Code, Ordinances, Chapter 
5-5.10 is hereby amended by striking in Category I A the 
words "not less than Ninety-Seven Thousand Two 
Hundred ($97,200.00) dollars nor more than One 
Hundred Twenty-Four Thousand ($ 1 24,000.00) dollars" 
and inserting in place there of the words "not less than 
One Hundred Ten Thousand ($110,000.00) nor more 
than One Hundred Sixty Thousand ($160,000.00) dol- 



lars"; 

by striking in Category IB the words "not less than 
Eighty Six Thousand Four Hundred ($86,400.00) dol- 
lars nor more than One Hundred Eighteen Thousand 
Eight Hundred ($118,800.00) dollars" and in.serting in 
place thereof the words "not less than One Hundred 
Thousand ($100,000.00) dollars nor more than One 
Hundred Forty Five Thousand ($145,000.00) dollars"; 

by striking in Category II the words "not less than 
Eighty Six Thousand Four Hundred ($86,400.00) dol- 
lars nor more than One Hundred Thirteen Thousand 
Four Hundred ($113,400.00) dollars" and inserting in 
place thereof the words "not less than Ninety Five 
Thousand ($95,000.00) dollars nor more than One 
Hundred Forty Thousand ($140,000.00) dollars"; 

by striking in category 111 the words "not less than 
Seventy Five Thousand Six Hundred ($75,600.00) nor 
more than One Hundred Two Thousand Six Hundred 
($102,600.00) dollars" and inserting in place thereof the 
words "not less than Eighty Five Thousand ($85,000.00) 
nor more than One Hundred Twenty Five Thousand 
($125,000.00) dollars", and 

by striking in Category IVA the words "not less than 
Fifty Nine Thousand Four Hundred ($59,400.00) dollars 
nor more than Eighty One Thousand ($81,000.00) dol- 
lars" and inserting in place thereof the words "not less 
than Sixty Five Thousand ($65,000.00) dollars nor more 
than Ninety Five Thousand ($95,000.00) dollars"; 

Section 4. Effective Date. This Ordinance shall take 
effect upon passage. 

Referred to the Committee on Government 
Operations. 



COMMUNICATION FROM SALLY D. GLORA, 
AUDITOR, TRANSMITTING FYOl GENERAL 
PURPOSE FINANCIAL STATEMENTS 
(DOCKET NO. 0215) 

Communication from Sally D. Glora, Auditor, trans- 
mitting the FYOl General Purpose Financial 
Statements. 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF REAP- 
POINTMENT OF VIVIAN LEO AS TEMPO- 
RARY COLLECTOR TREASURER, EFFEC- 
TTVE FEBRUARY 5, 2002 FOR PERIOD NOT 
TO EXCEED SIXTY (60) DAYS (DOCKET NO. 
0216) 

Notice was received from the Mayor of the reap- 
pointment of Vivian Leo as temporary Collector 
Treasurer, effective February 5, 2002, for a period not to 
exceed sixty (60) days. 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS DECEMBER 12, 2001 
MEETING (DOCKET NO. 0217) 

The following was received: 

City of Boston 
Office of the City Clerk 

January 30, 2002 

To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of December 12, 2001, 
viz: 

0705 Order authorizing the City to accept and expend 
a grant of $1,731,589 to be maintained in a permanent 



28 



CITY COUNCIL 



fund to be known as the Lenore and Bernard McGovem 
Fund, for the purchase of books as determined by the 
Trustees of the Boston Public Library. 

Approved by the Mayor December 20, 2001. 

0972 Ordinance eUminating the term "Minority". 

Message disapproving filed December 31, 2001. 

0975 Order for loan of $3,500,000 for acquiring land, 
or interests in land, for any puipose for which the City 
is, or may hereafter be, authorized to acquire land or 
interests therein; and for the construction of buildings, 
or for additions to such buildings where such additions 
increase the floor space of said buildings including the 
cost of original equipment and furnishings of said build- 
ings, for the purposes of the School Department. 

Message disapproving filed December 31, 2001. 

1091 Order approving the compensating balance 
agreement by and between the City and Citizens Bank 
for the provision of Banking Services. 

Approved by the Mayor December 20, 2001. 

1092 Order approving the compensating balance 
agreement by and between the City and Liberty Bank 
and Trust for the provision of Banking Services. 

Approved by the Mayor December 20, 2001. 

1(393 Order approving the compensating balance 
agreement by and between the City and Fleet National 
Bank for the provision of Banking Services. 

Approved by the Mayor December 20, 2001. 

1094 Order approving the compensating balance 
agreement by and between the City and Citizens Bank 
for the provision of Direct Deposit Account Services. 

Approved by the Mayor December 20, 2001. 

1095 Order approving the compensating balance 
agreement by and between the City and Eastern Bank 
for the provision of Banking Services. 

Approved by the Mayor December 20, 2001. 

1096 Order approving the compensating balance 
agreement by and between the City and Sovereign Bank 
for the provision of Credit/Debit Card Banking 
Services. 

Approved by the Mayor December 20, 2001. 

1136 Order approving the compensating balance 
agreement by and between the City and Century Bank 
and Trust Company for the provision of Banking 
Services. 

Approved by the Mayor December 20, 2001. 

1137 Order approving the compensating balance 
agreement by and between the City and Century Bank 
and Trust Company for the provision of Lock Box 
Services. 

Approved by the Mayor December 20, 2001. 
1 145 Ordinance prohibiting the carrying of knives or 
similar weapons. 

Approved by the Mayor December 20, 2001 . 

1 169 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept, and expend a grant of 
$65,000 from the Public Health Commission and 
Boston Medical Center for the operation of the Reach 
2010 program. 

Approved by the Mayor December 20. 2001. 

1170 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept, and expend a grant of 
$120,750 from the National Senior Services Corps, for 
the operation of the Retired Senior Volunteer Program. 

Approved by the Mayor December 20, 2001. 

1208 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$110,250 for the operation of the Retired Senior 
Volunteer Program (RSVP), to pay salaries of staff. 

Approved by the Mayor December 20, 2001. 

1209 Order authorizing the Commissioner on Affairs 
of the Elderly to apply for, accept and expend a grant of 
$341,250 for the operation of the Senior Companion 
Program, to pay salary, stipends, meals and transporta- 
tion and other services. 

Approved by the Mayor December 20, 2001. 

1239 Petition of M&L Transit System Inc., for license 
to operate motor vehicles for the carriage of passengers 
for hire over certain streets. 



No Action To Date. 

1287 Order authorizing the Office of Community 
Partnerships to accept and expend a grant of $700,000 
from the Massachusetts Department of Education to 
help further its goal of increasing the supply of after 
school opportunities for children and to expand curricu- 
lum and create additional slots to better serve the needs 
of youth. 

Approved by the Mayor December 20, 2001. 

1288 Order authorizing the Police Commissioner to 
accept and expend a grant of $97,179 from the U.S. 
Department of Justice, Office of Juvenile Justice and 
Delinquency Prevention for the purpose of continuing 
the South Boston Community Coalition to Prevent 
Substance Abuse. 

Approved by the Mayor December 20, 2001. 

1289 Order authorizing the Police Commissioner to 
accept and expend a grant of $50,000 from the 
Massachusetts Office of the Attorney General for the 
purpose of a drug trafficking reduction program as a part 
of the Grove Hall Safe Neighborhood Initiative/Boston 
Weed and Seed Site. 

Approved by the Mayor December 20, 2001. 

1290 Order authorizing the Police Commissioner to 
accept and expend a grant of $981,362 from the U.S. 
Department of Jusdce, Violence Against Women Office 
to continue the City's Judicial Oversight Demonstration 
Initiative (a.k.a Dorchester Domesfic Violence Court) 
and the No Next Time Initiative. 

Approved by the Mayor December 20, 2001. 

1291 Order authorizing the Police Commissioner to 
accept and expend a grant of $95,510 from the U.S. 
Department of Justice, Office of Community Oriented 
Policing Services for the Integrity Curriculum 
Development program managed through the Regional 
Community Policing Institute/New England. 

Approved by the Mayor December 20, 2001. 

1293 Order authorizing the Police Commissioner to 
accept and expend $50,000 in the form of a 
Massachusetts Executive Office of Public Safety Byrne 
Memorial State and Local Law Enforcement Assistance 
Formula grant for the purpose of supporting the Drug 
Control Division Multijurisdictional Task Force. 

Approved by the Mayor December 20, 2001. 

1294 Order authorizing the Police Commissioner to 
accept and expend a grant of $400,000 from the U.S. 
Department of Justice, Office of Community Oriented 
Policing Services, for the purposes of Police Integrity 
Training through the Regional Community Policing 
Institute/New England. 

Approved by the Mayor December 20, 2001. 

1295 Order authorizing the Public Works Department 
to accept and expend a grant of $125,000 from the 
Commonwealth of Massachusetts, Executive Office of 
Environmental Affairs through the Department of 
Environmental Protection, to be used for the PWD 
Recycling Program to increase recycling rates by 
enhancing the collection and processing of waste. 

Approved by the Mayor December 20, 2001. 
1297 Ordinance amending the Minority and Women 
Business Enterprise (MWBE) ordinance. 
Approved by the Mayor December 20, 2001. 
Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS JANUARY 7, 2002 
MEETING (DOCKET NO. 0218) 

The following was received; 

City of Boston 
Office of the City Clerk 

February 5, 2002 



FEBRUARY 6, 2002 



29 



To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1 979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of January 7, 2002, viz: 

0120 9 Constables Bonds: John Beggan, Allen A. 
Curry, Edward J. Cronin, William A. Doniger, Benny 
Edge, Robert W. Mangott, Robert J. Manning, Wilfred 
R Suozzo, and James E. White. 

No Action To Date. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS JANUARY 16, 2002 
MEETING (DOCKET NO. 0219) 

The following was received: 

City of Boston 
Office of the City Clerk 

February 5, 2002 

To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of January 16, 2002, viz: 

0138 Order approving an Agricultural Preservation 
Restriction on Allendale Farm in Jamaica Plain. 

Approved by the Mayor January 22, 2002. 

0143 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $130,000 to pro- 
vide funding in the Police Department for the collective 
bargaining settlement with the Police Cadet 
Association. 

Approved by the Mayor January 22, 2002. 

0144 Order approving a supplemental appropriation 
of $130,000 to cover the FY02 cost in the Police 
Department of the collective bargaining settlement with 
the Police Cadet Association. 

Approved by the Mayor January 22, 2002. 
Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0220) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, February 9, 2002, 
the following named people be, and hereby are, 
appointed to the positions set against their names: 

Diane Albano, Administrative Assistant, 
$3699.24/week, full time. 

Mark A. Chardavoyne, Secretary, $3637.83/week, 
full time. 

Vincent Labella, Administrative Assistant, 
$4038.47/week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 

(DOCKET NO. 0221) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, February 16, 2002, 
the following named people be, and hereby are, 
appointed to the positions set against their names: 



Diane Albano, Administrative Assistant, 
$699.24/week, full time. 

Mark A. Chardavoyne, Secretary, $637.83/week, 
full time. 

Vincent Labella, Administrative Assistant, 
$l038.47/week, full time. 

Passed under suspension of the rules. 



ORDER' ACCEPTING RULES OF CITY COUNCIL 
FOR 2002 (DOCKET NO. 0224) 

President FLAHERTY offered the following: 

Whereas: Section 17 of Chapter 452 of the Acts of 
1948, as amended, provides for the Boston City Council 
to from time to time establish rules for its proceedings; 
then be it hereby 

Ordered: That the rules attached hereto shall and 
hereby do constitute the Rules of said Boston City 
Council for the calendar year 2002. 

Rules of the City Council 2002 

Adopted in City Council February 6, 2002 

General Rules 
Meeting Time 

Rule 1 . Unless otherwise ordered from time to time, 
and except on holidays the regular meeting of the city 
council shall be on Wednesdays at 12:30P.M. in the 
Christopher lannella Council Chamber, 1 City Hall 
Square, Boston, 5th floor. Special meetings may be 
called at the president's discretion, upon a forty-eight 
hour notice from the time the notices are mailed or dis- 
patched by special messenger, or relayed to each coun- 
cillor's office. Special meetings of the council may be 
called by the president upon less than forty-eight hours 
notice in the case of an emergency, and with the consent 
of two-thirds of all members. 

Quorum 

Rule 2. A quorum of the council shall consist of seven 
members and any member may call for a roll call on the 
question of the presence of a quorum. If at any time any 
meeting is called to order, or if during a meeting, a roll 
call shows less than a quorum, the presiding officer shall 
call a recess of not more than ten minutes, after which 
time, if a quorum is not present, the meeting may be 
adjourned by the presiding officer. 

Presiding Officer 

Rule 3. The president of the council shall serve as 
presiding officer and shall; assume the chair at the hour 
set by the previous adjournment; call the members to 
order and after a roll call showing a quorum present; and 
shall proceed with the regular order of business. The 
president shall select a president pro tempore to act in 
his or her absence and serve as vice chair of the com- 
mittee of the Whole. In the event of the absence of both 
the president and the president pro tempore, the senior 
member by age shall preside. 

Appealing a Decision of the Chair 

Rule 4. The presiding officer may speak to points of 
order in preference to other members, and shall decide 
all questions of order, subject to an appeal from ihe 
decision of the chair, but no appeal shall be considered 
unless properly seconded. No other business except a 
motion to adjourn or to lay on the table shall be in order 
until the question on appeal has been decided. The ques- 
tion shall he put as folknvs: 

"Shall the decision of the chair stand as the judgment 
of the Council?" 

The vote shall be by a roll call, and it shall be decided 
in the affirmative unless a majority of the votes are to 
the contrary. 

Recess 

Rule 5. The presiding officer may at any time, during 
debate or otherwise, declare a recess for not more than 
ten minutes, and such action shall not be subject to 



30 



CITY COUNCIL 



appeal, nor shall any motions apply thereto. 

Propounding Motions 

Rule 6. The presiding officer shall propound all 
motions in the order in which they are moved unless the 
subsequent motion shall be previous in its nature, pro- 
vided that in naming sums and fixing time the largest 
sum and longest term shall be put first. 

Deciding Questions 

Rule 7. Subject to the provisions of these rules, the 
presiding officer shall, without debate, decide all ques- 
tions relating to priority of business to be acted upon. 

Dividing a Question 

Rule 8. The presiding officer shall, at the request of 
any member, make a division of a question when the 
sense will admit of it. 

Doubting the Vote 

Rule 9. The presiding officer shall declare all votes. If 
any member doubts a vote, the presiding officer shall 
cause the vote to be taken by a roll call. 

Vacating the Chair 

Rule 10. When the presiding officer wants to vacate 
the chair, he or she shall call on the president pro-tem- 
pore to take the chair. In the absence of the president 
pro-tempore, any member can be asked to assume the 
chair. The presiding officer may resume the chair at will. 

Agenda 

Rule 1 1 . The original and twenty five copies of any 
message, ordinance, resolution, vote or other measure 
submitted by the Mayor shall be delivered to the office 
of the City Clerk before one o'clock RM. on the regular 
work day preceding any meeting of the council. Such 
submission is a prerequisite to any item's consideration 
at such meeting. 

The original and two copies of any order, ordinance, 
resolution or committee report (including consent 
agenda items, but not reports of the committee of the 
whole voted during a recess of a council meeting), pro- 
vided that Rule 34 has been complied with in the case of 
committee reports, submitted by a councillor shall also 
be delivered before such time and to such place. Such 
submission is a prerequisite to any item's consideration 
at such meeting. Twenty nine copies are to be delivered 
to the city messenger by the first-listed councillor's 
office submitting the same: but only one copy of each 
matter to be considered on the consent agenda is to be 
given to the city messenger. 

An electronic copy of all messages, orders, ordi- 
nances, resolutions (except consent agenda resolutions), 
committee reports, and any other documents to be sub- 
mitted to the Council shall be transmitted to the city 
clerk and the staff director at the same time the original 
document is filed in the office of the city clerk. 

Duties of the Clerk 

Rule 12. It shall be the duty of the city clerk, acting 
as clerk and parliamentarian of the council, to prepare 
and cause to be printed for each meeting a listing of all 
matters submitted for consideration to the council in 
accordance with Rule 1 1 ; such lisfing shall be known as 
the agenda, and it shall be divided into two sections, the 
latter of which shall be known as the consent agenda. 

Said agenda shall include unfinished business of the 
preceding meetings, matters on the table, assignment, 
and thirty and sixty-day orders not acted upon in previ- 
ous meetings. Said matters shall be listed in accordance 
with the order of business as described in Rule 15. 

Said agenda shall be delivered to the city messenger 
by 4:00PM on the regular workday preceding the sched- 
uled meeting. It shall be the duty of the city messenger 
to compile the agenda, all matters listed on said agenda, 
the legislative calendar and any other documents appro- 
priate to the scheduled meeting. Such compilation shall 
be known as "the packet", and it shall be promptly deliv- 
ered to each council member and the staff director. 

Corrections as to Form 

Rule 1 3. The city clerk, with the approval of the pres- 
ident, and with the assistance of the corporation counsel 
if necessary, may make changes to correct the form of 
an ordinance once passed, but prior to its presentation to 



the mayor, provided however that its substance is not 
thereby affected. 

Items of the Same Matter 

Rule 14. In the event that resolutions or orders con- 
cerning the same subject are filed with the city clerk for 
consideration by the council, the clerk shall cause to 
have entered on the agenda only that resolution or order 
which was first filed and the name of the sponsor(s) to 
the similar resolution or order shall be added as a spon- 
soring member to the resolution or order which is placed 
on the agenda. Such action, however, shall not preclude 
any member from offering an amendment to the resolu- 
tion or order. 

Removal from the Consent Agenda 

Rule 14A. Resolutions of condolences and congratu- 
lations filed in accordance with Rule 36 shall be listed 
upon the consent agenda. Any member of the council 
may object to the clerk upon such a filing. The matter 
being objected to shall be removed from the consent 
agenda and placed on the agenda of the regular council 
business. No such resolution shall bear the name of any 
councillor not indicaUng consent to sponsorship. 

All matters contained on the consent agenda shall be 
read as one and the question of adoption and passage of 
all said matters shall be by a single motion. The question 
shall be put as follows: 

"The question now comes on approval of the various 
matters contained within the consent agenda." 

Order of Business and Debate 

Rule 15. At every regular meeting of the council, the 
order of business shall be as follows: 

1 . Communications from the mayor. 

2. Presentation of petitions, memorials, and remon- 
strances. 

3. Reports of city officers and others. 

4. Unfinished business of preceding meetings. 

5. Reports of committees. 

6. Orders and resolutions. 

7. Consent agenda. 
Motions and Orders 

Rule 16. When a question is under debate, the fol- 
lowing motions shall be entertained and shall have 
precedence in the order in which they are arranged; 

1 . To adjourn. 

2. To lay on the table. 

3. The previous question. 

4. To close debate at a specified time. 

5. To postpone to a day certain. 

6. To commit. 

7. To amend. 

8. To postpone indefinitely. 
Strike and insert 

Rule 17. A motion to strike out and insert shall be 
deemed indivisible; but a motion to strike out being lost 
shall not preclude amendment, or a motion to strike out 
and insert. 

At the call of the president, motion(s) to amend shall 
be reduced to writing and copies given to members. 
Three copies shall be given to the City Clerk. 

Adjourn 

Rule 18. A motion to adjourn shall be in order at any 
time except on an immediate repetition or pending a ver- 
ification of a vote; and that motion, the motion to lay on 
the table, the motion to take from the table, and the 
motion for the previous question shall be decided with- 
out debate. 

Direct Bearing and Previously Debated Matters 

Rule 19. No motion or proposition of a subject differ- 
ent from the one under consideration shall be admitted 
under the color of an amendment. 

Any motion, order, or resolution which in the opinion 
of the presiding officer does not have a direct bearing on 
the business of the council, or which has been previ- 
ously debated and acted upon in the current municipal 
year, shall be referred to the committee of the whole, 
and shall not be further considered by the council except 
upon report by that committee. There shall be no appeal 
from the decision of the chair hereunder, and this rule 



( 



FEBRUARY 6, 2002 



31 



shall not be subject to suspension. No motion shall 
apply, nor shall unanimous consent to speak on the mat- 
ter so referred be in order. 

The committee of the whole may report that any 
motion, order, or resolution, so referred to it, is out of 
order for the reasons stated above; and its report shall be 
a final disposition of the matter, subject to an appeal. 
Such appeal shall be governed by the same provisions as 
those governing appeals from rulings of the presiding 
officer. 

Remanding Matters to the Mayor 

Rule 20. Any order, ordinance, resolution, vote, or 
other measure submitted by the mayor shall be rejected 
without prejudice, unless when it is filed with the city 
clerk, it bears the certificate of the corporation counsel 
that, if adopted or passed in the form submitted by the 
mayor, it will be in accordance with the law. 

Withdrawal of Motions 

Rule 21. After a motion has been put by the presiding 
officer, it may be withdrawn by the presiding officer on 
the request of the sponsor, providing no objection. 

Committee Assignment and Action 

Rule 22. When a petition, order, or resolution relates 
to a subject that may properly be examined and reported 
upon by an existing committee of the council, such 
order or resolution shall, upon presentation, be referred 
to such committee. When a motion is made to refer any 
subject, and different committees are proposed, the 
motions shall be put in the following order: 

1. To a standing committee of the council. 

2. To a special committee of the council. 

Any member offering a motion, order, or resolution 
which is referred to a committee may request that the 
chair of the committee set, within thirty days, a mutually 
agreeable date for a hearing. 

Calling of Matters in Committee 

Rule 23. Within twenty-one days after a matter is 
referred to a committee, it shall not be voted upon with- 
out the consent of the committee chair. 

If after twenty-one days after a matter is referred to a 
committee (unless referred under Rule 19), it may be 
called by nine members of the Council. 

If after forty-two days after a matter is referred to a 
committee (unless referred under Rule 19), it may be 
called by seven members of the Council. 

If after sixty days after a matter is referred to a com- 
mittee (unless referred under Rule 19), it may be called 
by five members of the Council. 

The chair of a committee may call a docket out of 
his/her committee at any time and ask that a vote be 
taken on the matter, provided that when such a call is 
made, the clerk will take a roll call vote of the commit- 
tee members to ascertain that a majority of the commit- 
tee members support the call of the committee chair. 

Matters Placed on File at Year End 

Rule 24. The city clerk shall place on file any coun- 
cil-sponsored matter remaining in committee at the con- 
clusion of the last meeting of the calendar year. Sixty- 
day orders and mayoral filings shall be exempt from this 
rule. 

Voting 

Rule 25. In all votes the form of expression shall be 
"Ordered" for everything by way of command, and the 
form shall be "Resolved" for everything expressing 
opinions, principles, facts, or purposes. 

Summons of Members 

Rule 26. Upon request for a roll call vote, the presid- 
ing officer shall hold open the calling for a period of no 
longer than five minutes during which time the city mes- 
senger shall summons all members who are absent from 
the lannella Council Chamber. The clerk shall call the 
names of the members in alphabetical order without 
interruption. Each member shall respond to his or her 
name when called by the clerk. No member shall be 
recorded after the name of the next member has been 
called in the prescribed manner, except by unanimous 
consent of all members present. 



Majority Vote 

Rule 27. Eveiy member present when a question is 
put, unless he or she is excluded by interest, shall vote 
in the affirmative or negative or shall respond "present," 
unless the council has for special reason excused that 
member from vofing. Unless otherwise provided, a 
majority of the members of the council shall constitute 
a majority vote at a meeting of the council. For a hear- 
ing of the council, a majority of those members present 
and voting shall consfitute a majority. 

Absence of Sponsoring Member 

Rule 28. In the event that the sponsoring member of 
any order, resolution, or other matters, except the con- 
tents of the consent agenda, is not present when the 
clerk reads the matter, the presiding officer shall instruct 
the clerk to withdraw the matter from considerafion at 
that meeting. 

Reconsideration 

Rule 29. Once a vote has been taken, any member 
may only move reconsideration of the vote at the same 
meeting. Debate on motions to reconsider shall be lim- 
ited to thirty minutes, and no member shall occupy more 
than five minutes. On a vote upon any subsidiary or 
incidental question, debate shall be limited to ten min- 
utes, and no member shall occupy more than two min- 
utes. 

Rule 30. When a motion to reconsider has been 
decided, that decision shall not be reconsidered, and no 
question shall be twice reconsidered unless it has been 
amended after the reconsideration; nor shall any recon- 
sideration be had upon the following motions: 

1. To adjourn. 

2. The previous question. 

3. To lay on the table. 

4. To take from the table. 

5. To close debate at a specified time. 

A motion to reconsider may be laid on the table or 
postponed indefinitely, and the effect of such action in 
either case shall be to defeat the motion to reconsider. 

Second Readings and Two-Thirds Majority Required 

Rule 31. All orders releasing rights, easements, or 
restrictions on land, all orders for the sale of land, all 
appropriations for the purchase of land, and all loans 
voted by the council shall require a vote of two-thirds of 
all members of the council, and shall be passed only 
after two separate readings and by two separate votes, 
the second of said readings and votes to be had not less 
than fourteen days after the furst, except in cases in 
which a shorter period is authorized by law. Any order 
rescinding an order for any of the foregoing purposes 
shall require the same number ol readings and votes as 
was required for the passage of the original order. 

Adoption of Matters on Day Introduced 

Rule 32. No ordinance, substitution of an ordinance, 
order or resolution may be adopted at the meeting at 
which it is submitted. This rule may only be suspended 
with unanimous consent. 

Committees 

Forty-eight Hour Notice Required 

Rule 33. No meeting of any committee shall be called 
upon less than forty-eight hours(exclusive of legal holi- 
days and Sundays) from the time the council staff shall 
have mailed the notices or dispatched them by special 
messenger; provided that meetings of the committee of 
the whole may be held for a specific purpose(s) at the 
call of the president, at the completion of council busi- 
ness and prior to final adjournment of any meeting of 
the council without such notice. Only that specific 
item(s) for which a committee of the whole hearing has 
been called shall be in order at such hearing. 

The staff director, upon Ihe scheduling of a commit- 
tee hearing, shall promptly post a record of time, place, 
and subject matter of such hearing and shall cause a 
written notice thereof to be delivered to all councillors. 

At the start of any committee hearing, the committee 
chair shall state the procedure by which the hearing 
shall be governed. The chair and members of any com- 
mittee shall speak imd question witnesses for not more 



32 



CITY COUNCIL 



than ten minutes at a time, provided that the sponsor(s) 
of the various committee proposals shall be given an 
opportunity to make the initial presentation. 

No committee unless authorized by an order of the 
council shall incur any expense, including, but not lim- 
ited to advertising and stenographic costs. No commit- 
tee meeting, except the committee of the whole, shall be 
conducted on the day of any regular meeting of the 
council. No committee meeting shall be conducted on 
the same day and time as another committee meeting. 

No committee will hold any hearing after the last reg- 
ular council meeting of the municipal year. 

Committee Action 

Rule 34. All items listed on the weekly agenda that 
are to be reported out of committee must be accompa- 
nied by a committee report. The committee chair shall 
draft the report. The chair must distribute the committee 
report to all members of the committee for review. It 
shall be the duty of the committee members to commu- 
nicate their agreement, disagreement, abstention, or 
amendment to the chair prior to the report's submission 
to the clerk by 11:00AM on the Tuesday prior to the 
council meeting. No committee member's name shall be 
listed as in favor of any report, unless the member has 
affirmatively communicated as such to the chair. 

Concurrence of a majority of committee members, as 
listed on the report, is required for all committee reports 
filed for action on the meeting's agenda or as late-filed 
matters. No committee report shall recommend that any 
accompanying ordinance, substitute of an ordinance, 
order or resolution, not previously submitted to the 
council, be adopted at the meeting at which that report 
is submitted. 

Conmiittee Appointment, Structure and Role 

Rule 35. The president of the council shall appoint all 
standing committees, all special committees, and shall 
fill any vacancy and designate the rank of the members 
of each committee unless specifically directed otherwise 
by two-thirds of the council. All standing committees 
shall consist of between three and nine members. 

The role of each committee shall be to provide a 
forum for in-depth review and analysis of all city depart- 
ments, boards, and agencies, and to provide a means for 
residents of Boston to address their concerns with 
regard to services provided by the city. 

Committees shall focus upon: (1 ) public policy, (2) 
efficiency of service delivery, and (3) cost containment, 
it being the goal of the city government to provide 
appropriate services while ensuring that public moneys, 
which derive from our citizenry, are spent wisely and 
cautiously. 

Each committee shall recommend such changes in the 
ordinances or statutes as will provide the greatest neces- 
sary services for the tax moneys expended. 

Committees of the Council 

There shall be the following committees: 

Committee on Arts, Humanities and Tourism, which 
shall concern itself with the encouragement of the arts 
and humanities within our city, including cultural devel- 
opment, museums, performing arts, public art, art edu- 
cation, the support and funding of private art and cul- 
tural amenities within Boston, and locations and 
opportunities to display and/or present art works. The 
committee shall also concern itself with the promotion 
of visits to our city by individuals and convention 
groups, develop programs whereby city agencies 
encourage tourism and best display the assets of our city 
to those who visit us, and recommend legislation and/or 
other actions to make Boston a welcoming place for vis- 
itors. The committee shall exercise oversight with 
respect to the Boston Art Commission, Boston Arts 
Lottery Council, Boston Film Bureau, Midtown 
Cultural District. Office of Cultural Affairs, and Office 
of Special Events and Tourism. 

Committee on Aviation and Transportation, which 
shall concern itself with the surface, air and water trans- 
portation policies of the city, including traffic flow on 



city streets, public transportation, operations at Logan 
International Airport, hackney and jitney licenses, traf- 
fic calming, highway connections, resident parking pro- 
gram, parking freeze, imposition of tolls, and the 
Central Artery /Tunnel project, including surface restora- 
tion and corridor master planning. The committee shall 
also concern itself with the various inspectional, regula- 
tory and licensing activities used to implement the trans- 
portation policies of the city. The committee shall exer- 
cise oversight with respect to the Boston 
Redevelopment Authority, Environment Department 
Central Artery Environmental Compliance Team, Office 
of the Parking Clerk, Public Improvement Commission, 
Public Works Department, and the Transportation 
Department. 

Committee on Census and Redistricting, which shall 
concern itself with issues relevant to the census, the 
resulting impact on city, state and federal redistricting of 
Boston, and voter participation. The committee shall 
review the results of the federal census figures and the 
impact they will have on Boston's revenues and redis- 
tricting, and shall also exercise oversight with respect to 
efforts to increase the level of voter participation in 
municipal, state and federal elections. 

Committee on City and Neighborhood Services, 
which shall concern itself with the delivery of municipal 
services to the residents and neighborhoods of Boston in 
order to promote an improvement in the delivery of 
basic services and a reduction in associated costs. The 
committee shall also concern itself with the city's pro- 
grams for youth development and family-based initia- 
tives. The committee shall exercise oversight with 
respect to Boston Community Centers, Election 
Department, Emergency Shelter Commission, Library 
Department, Office of Neighborhood Services, Office of 
New Bostonians, Office of Community Partnerships, 
Parks and Recreation Department, Property 
Management Department, Public Works Department, 
Registry Division, the Youth Fund, the Edward IngersoU 
Browne Fund and the George Robert White Fund. 

Committee on Civil Rights, which shall concern itself 
with promoting equal and fair access to public and pri- 
vate services and facilities for all residents, regardless of 
race, color, national origin, national ancestry, creed, sex, 
sexual orientation, age or disability. The committee 
shall also ensure that findings may be determined with 
respect to compliance with the Boston Residents Jobs 
Policy program in a manner that is comprehensive, con- 
sistent, and fair for all parties involved. The committee 
shall exercise oversight with respect to the Boston 
Employment Commission, Commission for Persons 
with Disabilities, Fair Housing Commission, Human 
Rights Commission, Minority and Women Business 
Enterprise Office, Office of Boston Residents Job 
Policy, Office of Civil Rights, Rental Housing Resource 
Center, and Women's Commission. 

Committee on Education and School Matters, which 
shall concern itself with the quality of education ser- 
vices provided to all Boston school-aged residents, 
especially those provided by the Boston Public Schools 
and Boston Community Centers. The committee shall 
work to strengthen cooperation among city and state 
governments, private enterprise, and institutions of 
higher learning, to provide Boston's students with the 
necessary education, training and skills for further edu- 
cation and future career opportunities. The committee 
shall exercise oversight with respect to the Boston 
School Department and Community Centers 
Commission. 

Committee on Environment and Historic 
Preservation, which shall concern itself with the natural 
resources, historic resources and landmarks of the city, 
Boston Harbor and the Harbor islands, waterways and 
wetlands, issues of air, land, and water pollution, and 
open space conservation. The committee shall have 
oversight with respect to the care, management, custody 
and use of public lands and buildings, except park land, 
as well as recycling and other resource recovery efforts; 



FEBRUARY 6, 2002 



33 



protection from improper storage, transportation and 
disposal of wastes, especially hazardous and infectious 
wastes; reclamation of dump lands and polluted lands; 
and the means and costs of disposing of waste products. 
The committee shall exercise oversight with respect to 
the Air Pollution Control Commission, Back Bay 
Architectural Commission, Beacon Hill Architectural 
Commission, Boston Conservation Commission, 
Environment Department, Freedom Trail Commission, 
Landmarks Commission, Property Management 
Department, and Public Facilities Commission. 

Committee on Financial Services and Community 
Investment, which shall concern itself with the delivery 
of financial services in the neighborhoods of Boston, 
including the availability of construction and mortgage 
loans for affordable housing in every neighborhood, the 
promotion of public policy goals such as community 
reinvestment, affirmative marketing and non-discrimi- 
natory lending policies, and the provision of financial 
services to smaller, neighborhood-based businesses. The 
committee shall also concern itself with the Hnking and 
leveraging of these objectives by use of city actions 
involving the purchase of financial services, deposits, 
borrowing and investment. The committee shall exercise 
oversight with respect to the performance of the 
Treasury Department within the context of the city's 
Linked Deposit Program. 

Committee on Government Operations, which shall 
concern itself with the organization and structure of city 
government, including departmental fees and charges. 
The committee shall have referred to it all proposed 
ordinances and special laws affecting the structure, 
duties and responsibilities of city departments, agencies 
and commissions, and shall also concern itself with the 
review of the city's policy regarding residency for city 
employees. The committee shall study existing state and 
local legislation, collective bargaining provisions and 
enforcement procedures affecting the city's residency 
policy. The committee shall exercise oversight with 
respect to the Administrative Services Department, 
Boston Retirement Board, City Clerk, Execution of 
Courts, Graphic Arts Department, Health Benefits and 
Insurance Program, Human Resources Department, 
Law Department, Management information Services, 
Medicare Payments, Office of the Mayor (except those 
components assigned to other committees). Pensions 
and Annuities, Public Information Office, Purchasing 
Division, Residency Compliance Commission, and 
Workers Compensation Program. 

Committee on Housing, which shall concern itself 
with public policy involving the preservation, creation 
and rehabilitation of housing in the city, including pub- 
lic housing programs. The committee is charged with 
evaluation of policies and programs of the city to ensure 
an adequate supply of affordable housing; to advocate 
toward the goal of safe, decent and affordable housing 
for all residents; and to deal with the problem of home- 
lessness in our city. The committee shall exercise over- 
sight with respect to the Emergency Shelter 
Commission, the Fair Housing Commission, the Boston 
Housing Authority and the Institutional Expansion 
Board. 

Committee on Intergovernmental Relations, which 
shall concern itself with encouraging cooperation 
between the city and other levels of government to dis- 
courage duplicative programs, coordinate efforts to pro- 
vide services, present the council's views to state and 
federal authorities, and maximize revenues available to 
the city from state and federal sources. The committee 
shall exercise oversight with respect to the Oftlce of 
Intergovernmental Relations. 

Committee on Labor and Employment, which shall 
concern itself with public policy issues affecting orga- 
nized labor and members of collective bargaining units, 
both public and private, as they relate to the city and its 
residents, including wages and hours of labor, labor 
standards and statistics, and occupational safety and 
health. The committee shall also concern itself with job 



training and employment opportunities, especially 
opportunities associated with economic development 
and expansion in Boston. The committee shall exercise 
oversight with respect to the Office of Boston Residents 
Job Policy and Office of Labor Relations. 

Committee on Planning and Economic Development, 
which shall concern itself with the physical and eco- 
nomic development of the city, planning, zoning, licens- 
ing, land use policy, and how the economic expansion 
and development of the city affects the neighborhoods 
and people of Boston. The committee shall exercise 
oversight with respect to the Back Streets Program, 
Boston Industrial Development Finance Authority, 
Boston Licensing Board, Boston Redevelopment 
Authority, Consumer Affairs and Licensing Department, 
Department of Neighborhood Development, Economic 
Development and Industrial Corporation, 
Empowerment Zone strategic plan, Inspectional 
Services Department, Licensing Board for the City of 
Boston, Main Streets Program, Office of Business 
Development, Public Facilities Commission, Zoning 
Board of Appeal and Zoning Commission. 

Committee on Post Audit and Oversight, which shall 
concern itself with evaluating the efficiency and effec- 
tiveness of city operations and programs, and adminis- 
trative compliance with the intent of legislation, includ- 
ing administrative regulations of departments, agencies 
and programs. The committee shall select areas for 
review, establish goals and objectives, collect and ana- 
lyze data, and report to the council with recommenda- 
tions, including possible legislative and programmatic 
changes based on its review and analysis. The commit- 
tee shall exercise oversight with respect to the Auditing 
Department and the Boston Finance Commission. 

Conmiittee on Public Health, which shall concern 
itself with public health issues of Boston residents, 
including the impact of industry on the public health. 
The committee shall provide a forum for residents seek- 
ing a voice to express their concerns about cancer rates 
and heart disease, as these diseases may be exacerbated 
by pollution and environmental factors associated with 
urban living. The committee shall concern itself with 
efforts to prevent the onset of HIV and Acquired 
Immune Deficiency Syndrome and to offer progressive 
and efficacious treatment to those persons with AIDS 
and AIDS-related complexes. The committee shall also 
concern itself with programs aimed at reducing infant 
mortality in Boston. The committee shall have oversight 
of the Boston Medical Center Hospital, Boston PubUc 
Health Commission, Neighborhood Health Centers and 
the community-based anti-drug and health improvement 
programs of the Office of Community Partnerships. 

Committee on Public Safety, which shall concern 
itself with all efforts to protect residents of Boston from 
crime and fire. It shall work to ensure the adequate 
delivery of police and fire protection to all neighbor- 
hoods of Boston. The committee shall also concern 
itself with evaluating, encouraging and facilitating exist- 
ing citizen-driven efforts to prevent crime, including 
arson, vandalism, gang and youth crime, domesfic vio- 
lence, assault, housebreak and crime committed as a 
vehicle of prejudice. The committee shall exercise over- 
sight with respect to the Boston Fire Department, 
Boston Police Department, Emergency Medical 
Services, Emergency Storm Center, Public Safety 
Commission, Safe Neighborhood Initiative, Suffolk 
County Jail and Suffolk County House of Correction, 
anti-crime efforts financed by state ;ind federal govern- 
ment sources, and county correctional matters. 

Committee on Public Utilities and Cable 
Communications, which shall concern itself with the 
activities of and provision of services to Boston resi- 
dents by communication, energy and water service 
providers, including AT&T Broadband, Boston Water 
and Sewer Commission. Keyspan, Massachusetts Water 
Resources Authority, NSlar. RCN/BecoComm, and 
Verizon. The committee shall be responsible for moni- 
toring prices and profits, service quality, public safety 



34 



CITY COUNCIL 



issues arising from utility facilities and operations, and 
the siting of utility and energy facilities, in order to 
ensure that utility and cable television consumers in 
Boston are provided with the most reliable service at the 
lowest possible cost, and that residential ratepayers' 
rights are protected under regulations. The committee 
shall exercise oversight with respect to the Boston Water 
and Sewer Commission and Office of Cable 
Communications. 

Committee on Rules and Administration, which shall 
concern itself with the rules and administrative func- 
tions of the council. The committee shall meet in confi- 
dence to discuss matters in accordance with M.G.L. c. 
39, s. 23B (the state Open Meeting Law). Adoption of 
the Rules of the City Council shall serve as an affirma- 
tive vote of councillors to convene the committee as the 
chair sees fit. The purpose of the committee's meetings 
shaU be to address such issues as are outlined in the 
Open Meeting law. Adoption of said rules shall also 
serve as notice of the several meetings of the committee. 
The reconvening of the council shall be governed by 
Rule 1 of these niles. The city clerk shall reproduce this 
section and post such notice appropriately in City Hall. 

Committee on University-Community Relations, 
which shall concern itself with developing an improved 
relationship between our neighborhoods and academic 
institutions impacting them, including the encourage- 
ment of undergraduate student housing, university mas- 
ter plans which respect neighborhood concerns, equi- 
table programs to curtail student misbehavior, and 
mutually beneficial programs allowing university stu- 
dents to gain practical experience while assisting Boston 
school children, residents and neighborhoods. The com- 
mittee shall have oversight with respect to the 
Institutional Expansion Board. 

Committee on Veterans and Elderly Affairs, which 
shall concern itself with facilities available for orga- 
nized veterans and for delivery of services to veterans, 
with particular regard to the interface of public agencies, 
veterans and their organizations, including the dedica- 
tion of surplus or underutilized properties and building 
for such purposes. The committee shall also concern 
itself with the provision of services to elderly persons 
and the special issues of aging, including personal 
safety, access to health care, promotion of independent 
living, home health services, nutrition and transporta- 
tion. The committee shall exercise oversight with 
respect to the Veterans' Services Department, the 
Veterans' Graves Division of the Parks and Recreation 
Department, and the Commission on Affairs of the 
Elderly. 

Committee on Ways and Means, which shall exercise 
general oversight with respect to revenues and expendi- 
tures of the City of Boston and all other component 
units that comprise the government entity, as defined by 
the Governmental Accounting Standards Board, includ- 
ing the budget for the Boston School Department. The 
committee, which shall consist of nine members, may 
report to the council the cost of implementation of any 
order, ordinance, program or other initiative pending 
before the body, and shall make such report whenever 
requested by another committee or directed to do so by 
the council. The conmiittee shall have referred to it all 
matters concerning appropriation, the city budget, 
expenditures and loans, and no appropriation, budget 
expenditure or loan shall be voted out of committee 
except upon a majority vote of its members. The com- 
mittee shall exercise oversight with respect to the 
Assessing Department, Auditing Department, and the 
Office of Budget Management. 

Committee of the Whole, which shall concern itself 
with any litigation involving the council and all other 
matters referred to it. 

Council Accolades 

Rule 36. The council, or any committee thereof, shall 
have the honor of recognizing persons, groups, and 
events of significant importance to the City of Boston. 

Conduct in City Council 



Conduct of Councillors 

Rule 37. Every member about to speak shall signal 
the chair by electronic means provided and then wait 
until recognized by the chair. No member shall be rec- 
ognized when seated or away from his or her desk. In 
speaking, members shall refrain from mentioning other 
members by name, shall confine themselves to the ques- 
tion, shall not use unbecoming, abusive, or non-parha- 
mentary language and shall avoid personalities. Any 
member who, in debate or otherwise, indulges in per- 
sonalities or makes charges reflecting upon the charac- 
ter of another member, shall make an apology in open 
session at the meeting at which the offense was com- 
mitted or at the next succeeding regular meeting. If the 
member fails to apologize, the president will hold the 
member in contempt and suspend him/her from further 
participation in debate and statement until an apology is 
made. 

Order of and Time Limit on Speaking 

Rule 38. No member shall speak more than once on a 
question when another member who has not spoken 
claims the floor, and no member speaking shall, without 
consenting, be interrupted by another, except on a point 
of order. 

A member may speak upon a matter for no more than 
ten minutes at a time. A member who has not spoken on 
a matter shall have priority and recognition by the chair 
whenever said member shall rise. The assistant city 
clerk, acting as assistant clerk of the council, shall 
inform the president whenever a member has spoken 
longer than ten minutes. 

Conflict of interest 

Rule 39. No member shall engage in any business or 
transaction or shaU have a financial or other private 
interest, direct or indirect, which is in conflict with the 
proper discharge of his or her official duties. A member 
who has a direct or indirect financial or other private 
interest, distinct from the public interest, in any pro- 
posed legislation shall publicly disclose, on the official 
record of the council, the nature and extent of such inter- 
est, and upon doing so shall be excused from voting on 
said question. 

Guests 

Rule 40. No person except a member of the council 
shall at any time be permitted to occupy a seat in the 
lannella Council Chamber of any member of the coun- 
cil. The city messenger shall enforce this rule. 

Rule 41. Use of cell phones and pagers is strictly pro- 
hibited within the lannella Council Chamber. Such 
items must be turned off upon entering the lannella 
Chamber, and any person violating this rule shall be 
asked to leave the chamber by the city messenger. 

Rule 42. No person, except council staff or a council- 
lor's staff, shall be allowed in the anteroom or upon the 
council floor of the lannella Council Chamber unless 
invited by the presiding officer. Seats reserved for the 
press, both electronic and print media, shall be reserved 
solely for accredited members of the press. Guests will 
be allowed in the gallery of the lannella Council 
Chamber when the council is in session, but no one will 
be admitted to the gallery after all seats are occupied. 
No demonstration of approval or disapproval from 
guests will be permitted, and if such demonstrations are 
made, the gallery will be cleared. The city messenger 
shall enforce this rule. 

Members of the Press on Council Floor 

Rule 43. Members of the press in attendance shall 
refrain from discussion within the lannella Council 
Chamber with council members during a council meet- 
ing. No member of the press shall be allowed on the 
council floor without the consent of the presiding offi- 
cer. 

Rule 44. No person, who for compensation or reward 
acts to promote, oppose, or influence a matter pending 
before the council shall be admitted at any time to the 
lannella Council Chamber or anteroom thereof unless 
said person has registered with the city clerk stating the 
nature of his or her business. 



FEBRUARY 6, 2002 



35 



Further Rules, Amendment and Suspension 

Rule 45. Unless inconsistent with any provision of 
these rules, the proceedings of the council shall be gov- 
erned by Robert's Rules of Order, current edition. 

Suspension of Rules 

Rule 46. With the exception of Rule 19, which may 
not be suspended, and Rules 11, 32 and 34, which may 
be suspended only by a unanimous roll call, the forego- 
ing rules shall not be altered, amended, suspended or 
repealed at any time, except by a vote of two-thirds of 
all members of the council. Provided, however, that 
Rule 1 1 may be suspended only in the case of an order, 
ordinance, vote, committee report or other measure sub- 
mitted by the mayor or by a councillor calling for action 
by the council that is of any emergency nature, namely 
that which imposes an imminent threat to the peace, 
health, or safety of the people or their property. 

Adoption of Rules 

Rule 47. The Rules of the City Council shall be 
adopted by a majority roll call vote at the first regular 
meeting of February of each year. 

On motion of Councilor SCAPICCHIO, the rules 
were suspended; the order was passed. 



ORDER FOR HEARING RE: RADIO ANTENNAS 
(DOCKET NO. 0223) 

Councilors KELLY, ROACHE, FLAHERTY, 
HONAN, FEENEY, MURPHY, HENNIGAN, 
YANCEY, ROSS, TOBIN and SCAPICCHIO offered 
the following: 

Whereas: From time to time applications are made by 
property owners for permission to have radio antennas 
attached to their existing buildings; and 

Whereas: These antennas transmit signals for cell 
phones and other electronic equipment; and 

Whereas: Such uses are prohibited by existing zoning 
laws and accordingly, a variance must be approved by 
the city's Zoning Board of Appeals; and 

Whereas: The use of antennas to transmit radio sig- 
nals throughout the neighborhood concerns local resi- 
dents who are fearful of the long range health effects on 
their family members; and 

Whereas: These concerns are legitimate, a forum 
should be provided that would allow citizens an oppor- 
tunity to have their questions asked and answers given; 
be it therefore 

Ordered: That the appropriate committee of the 
Boston City Council hold a public hearing to discuss 
these aforementioned concerns and that knowledgeable 
representatives on both sides of the issue, as well as con- 
cerned citizens, be invited to attend and testify. 

Referred to the Committee on Public Utilities and 
Cable Communications. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
SCAPICCHIO wanted to wish well and publicly thank 
his chief of staff Vinnie LaBella for his dedication to 
him since he became a Councilor. Vinnie came on board 
with the Councilor and devoted himself to him and the 
people of his district. Vinnie will be leaving his position 
to work as Director of the Charlestown Boys and Girls 
Club. 



CONSENT AGENDA 

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

Councilor Hennigan: Congratulating Michael 
Reiskind (Docket No. 0225). 



Councilors Honan, Flaherty, Kelly and Murphy: 
Congratulating Anthony Gilardi (Docket No. 0226). 

Councilor Tobin: Congratulating Eric Speed (Docket 
No. 0227). Congratulating lennifer Orthman (Docket 
No. 0228). Congratulating Lois Baho (Docket No. 
0229). 

Councilors Yancey and Turner: 

Congratulating Carol L. Leggett (Docket No. 0230). 

Congratulating the New York Guardians (Docket No. 
0231). 

Congratulating the Vulcan Society, N.Y.C. Fire 
Department (Docket No. 0232). 

Congratulating the DC37 Health & Safety Union, 
N.Y.C. Emergency Medical Technicians (Docket No. 
0233). 

Congratulating the Patrolman's Benevolent 
Association Union, N.Y.C. Police Department (Docket 
No. 0234). 

Congratulating the Uniformed Fire Fighters 
Association Union, N.Y.C. Fire Department (Docket 
No. 0235). 

Congratulating the Boston Society of Vulcan of 
Massachusetts, Inc. (Docket No. 0236). 

Congratulating the Massachusetts Minority State 
Police Officers' Association, Inc. (Docket No. 0237). 

Congratulating M.A.M.L.E.O. (Docket No. 0238). 

Congratulating Ralph Trotman (Docket No. 0239). 

The Chair stated that in the absence of objection, one 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 

Councilor Yancey: Congratulating Andrew Parker 
Downey (Docket No. 0222). 

The matters contained within the Consent Agenda 
were severally adopted. 



RESOLUTION SUPPORTING SENATOR 

KENNEDY'S AND CONGRESSMAN 
DELAHUNT'S CALLS FOR CONGRES- 
SIONAL HEARINGS INTO MAIOR LEAGUE 
BASEBALL'S ANTITRUST EXEMPTION 
(DOCKET NO. 0158) 

Councilor HENNIGAN called Docket No. 0158 from 
the Committee on Intergovernmental Relations. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HENNIGAN, the resolution 
was adopted. 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
YANCEY asked that when we adjourn today, we do so 
in memory of Theresa Lewis, an activist from his neigh- 
borhood and mother of one of the more respected mem- 
bers of our court system. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
SCAPICCHIO asked that when we adjourn today, we do 
so in memory of Virginia and John Casale. a mother and 
son who were killed in an apartment tire in tlie North 
End over the weekend. 



STATEMENT OF PRESIDENT FLAHERTY 

President FLAHERTY wanted to also adjourn in 
memory of another North End resident and close friend 
of the Flaherty and Scapicchio families Antoinette 
Rivero. 



36 CITY COUNCIL 



STATEMENT OF COUNCILOR HONAN 

Having unanimous consent to do so. Councilor 
HONAN asked that when we adjourn today, we do so in 
recognition of the New England Patriots who have 
brought a lot of distinction and pride and joy to this 
City, and he wanted to be on record thanking the New 
England Patriots. 



Adjourned at 1:05 p.m. in memory of Theresa Lewis, 
Virginia and John Casale, Antoinette Rivero and in 
recognition of the New England Patriots, Super Bowl 
Champions XXXVL to meet again on Wednesday, 
February 13, 2001 at 12:30 noon. 



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



< 



I 



► 



CITY COUNCIL 



37 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, February 13, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:35 p.m.. President FLAHERTY in the Chair and all 
members present. 

INVOCATION 

Reverend Carney Gavin, St. Columbkille's Church, 
Brighton, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR SCAPICCHIO 



As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The costs related to FYOO and FYOl will be 
charged to reserves established for those years. The City 
budget remains balanced. 

I respectfully request your favorable action on this 
important matter 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 2001 and ending 
June 30, 2002, the following sum be, and hereby is 
appropriated, said sum to be met from available funds: 

2002-100-620100-56200 $244, 837 

Referred to the Committee on Ways and Means. 



Councilor SCAPICCHO presented the Charlestown 
High School Varsity Football Team with a resolution for 
their victory in becoming the Division 7 Super Bowl 
champions. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTFVE BARGAINING 
BY $244,837 TO PROVIDE FUNDING IN PUB- 
LIC HEALTH COMMISSION FOR COLLEC- 
TIVE BARGAINING SETTLEMENT WITH 
SENA, LOCAL 9158 (DOCKET NO. 0240). 

The following was received: 

City of Boston 
Office of the Mayor 

February 12, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $244,837 to provide fiinding in the Public 
Health Commission for the collective bargaining settle- 
ment with SENA, Local 9158. 

I respectfully request your favorable action on this 
important matter 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the appropriation heretofore made, to 
meet the current operating expenses of the fiscal year 
commencing July 1, 2001 and ending June 30, 2002, be 
reduced by the following amount: 

2002-100-999000-51000 Reserve for Collective 
Bargaining $244, 837 

Referred to the Committee on Ways and Means. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $244,837 TO COVER FY02 COST 
IN PUBLIC HEALTH COMMISSION OF COL- 
LECTIVE BARGAINING AGREEMENT WITH 
SENA, LOCAL 9158 (DOCKET NO. 0241) 

The following was received: 

City of Boston 
Office of the Mayor 

February 12, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval a supplemental 
appropriation, totaling $244,837 to cover the FY02 cost 
in the Public Health Commission of the collective bar- 
gaining agreement with SENA, Local 9158. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $214,825 TO PROVIDE FUNDING IN 
DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT FOR COLLECTIVE BAR- 
GAINING SETTLEMENT WITH SENA, 
LOCAL 9158-E (DOCKET NO. 0242) 

The following was received: 

City of Boston 
Office of the Mayor 

February 12,2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval an order to 
reduce the appropriation for the Reserve for Collective 
Bargaining by $214,825 to provide funding in the 
Department of Neighborhood Development for the col- 
lective bargaining settlement with SENA, Local 9158-E. 
I respectfully request your favorable action on this 
important matter 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the appropriation heretofore made, to 
meet the current operating expenses in the fiscal year 
commencing July 1, 2001 and ending June 30, 2002, be 
reduced by the following amount: 

2002-100-999000-51000 Reserve for Collective 
Bargaining $214,825 

Referred to the Committee on Ways and Means. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $214,825 TO COVER FY02 COST 
IN DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT OF COLLECTIVE BAR- 
GAINING AGREEMENT WITH SENA, 
LOCAL 9158-E (DOCKET NO. 0243). 

The following was received: 

City of Boston 
Office of the Mayor 

February 12, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval a supplemental 
appropriation, totaling $214,825 to cover the FY02 cost 
in the Department of Neighborhood Development of the 
collective bcirgaining agreement with SENA, Local 
9158-E. 

As originally presented to you, the FY02 budget 
request included a Reserve for Collective Bargaining - a 



38 



CITY COUNCIL 



separate appropriation to fiind projected collective bar- 
gaining increases. A separate order has been filed to 
reduce that appropriation to support this supplemental 
request. The costs associated with FYOO and FYOl will 
be charged to reserves established for those years. The 
City budget remains balanced. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 200! and ending 
June 30, 2002, the following sum be, and hereby is 
appropriated, said sum to be met from available funds: 

2002-100-188400-51000 $214, 825 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $13,000 
FROM GOVERNOR'S ALLIANCE AGAINST 
DRUGS FOR PURPOSE OF TRAINED OFFI- 
CERS TEACHING D.A.R.E. (DRUG AWARE- 
NESS RESISTANCE EDUCATION) CURRICU- 
LUM TO PUBLIC SCHOOL CHILDREN AS 
WELL AS ENGAGING CHILDREN IN 
D.A.R.E. RELATED AFTER-SCHOOL ACTIVI- 
TIES (DOCKET NO. 0244) 

The following was received: 

City of Boston 
Office of the Mayor 

January 10, 2002 
To the City Council. 
Dear City Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend a grant in 
the amount of $13,000.00 from the Governor's Alliance 
Against Drugs. This award is made for the purpose of 
trained officers teaching the DARE (Drug Awareness 
Resistance Education) curriculum to Boston Public 
School children as well as engaging children in DARE 
related after-school activities. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Whereas, The Governor's Alliance Against Drugs has 
authorized the issuance of funds to the Boston Police 
Department; and 

Whereas, The fimds in the amount of $13,000.00 will 
be utilized by the Boston Police Department for the 
DARE program in which trained DARE police officers 
teach Boston Public School children drug awareness and 
resistance techniques according to a set curriculum, as 
well as engage children in after-school activities; now, 
therefore be it 

Ordered, That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized 
to accept the Governor's Alliance Against Drugs award 
not to exceed the amount of $13,000.00 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO EXPEND FYOl 
SHELTER PLUS CARE (S+C) GRANT OF 
$5,300,652 FROM U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 0245) 



The following was received: 

City of Boston 
Office of the Mayor 

February 5, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend Federal Fiscal Year 
2001 Shelter Plus Care (S+C) flinds in amount not to 
exceed $5,300,652 from the U.S. Department of 
Housing and Urban Development (HUD). 

I urge you to adopt this order as soon as possible so 
that the City may expend these funds for the purpose of 
homeless assistance. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Whereas, Title IV, Subtitle F of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C.l 1403), 
as amended, contains provisions authorizing the U.S. 
Department of Housing and Urban Development (HUD) 
to make grants to units of general local government 
under the Shelter Plus Care Program for provision of 
rental housing assistance to homeless persons with dis- 
abilities and their families; and 

Whereas, On May 16, 2001, the Boston City Council 
passed an order authorizing the City of Boston's 
Department of Neighborhood Development (Public 
Facilities Department) to apply for and accept an 
FY200I Shelter Plus Care grant in an amount not to 
exceed $5.5 million from the U.S. Department of 
Housing and Urban Development, for the purposes for 
which granted as stated in the City's Federal FY2001 
Continuum of Care Homeless Assistance Programs; and 

Whereas, HUD awarded a Shelter Plus Care grant to 
the City of Boston in the amount of $5,300,652 on 
November 20, 2001; and 

Whereas, The Department of Neighborhood 
Development (Public Facilities Department) will admin- 
ister the Shelter Plus Care Grant; now, therefore be it 

Ordered, that the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is, autho- 
rized to expend a FY2001 Shelter Plus Care grant in an 
amount not to exceed $5,300,652 from the U.S. 
Department of Housing and Urban Development, and to 
expend said funds in accordance with M.G.L. c.44s. 
53A for the purposes for which the funds were granted 
as stated in the City of Boston's Federal FY2001 
Continuum of Care Homeless Assistance Programs 
application, and, in connection therewith, to execute and 
deliver such documents as may be required by the fed- 
eral government. 

Referred to the Committee on Housing. 



COMMUNICATION FROM BRUCE R. CONKLIN, 
PE., VICE PRESIDENT, CAMP DRESSER & 
McKEE, INC. RE: DRAFT ENVIRONMENTAL 
IMPACT REPORT; EOEA #11865 PHASE I 
MUDDY RIVER FLOOD CONTROL, WATER 
QUALITY AND HABITAT ENHANCEMENT 
AND HISTORIC PRESERVATION (DOCKET 
NO. 0246) 

Communication was received from Bruce R. Conklin, 
P.E., Vice President, Camp Dresser & McKee, Inc. re: 
Draft Environmental Impact Report; EOEA #11865 
Phase I Muddy River Flood Control, Water Quality and 
Habitat Enhancement and Historic Preservation Project. 

Placed on file. 



COMMUNICATION FROM CITY CLERK TRANS- 
MITTING COMMUNICATION FROM 
BOSTON LANDMARKS COMMISSION FOR 



FEBRUARY 13, 2002 



39 



CITY COUNCIL ACTION ON DESIGNATION 
OF ABERDEEN SECTION OF BRIGHTON AS 
ARCHITECTURAL CONSERVATION DIS- 
TRICT (DOCKET NO. 0247) 

Communication was received from City Clerk trans- 
mitting a communication from the Boston Landinarks 
Commission for City Council action on the designation 
of the Aberdeen section of Brighton as an Architectural 
Conversation Disfrict. 

On motion of Councilor HONAN, the rules were 
suspended; the designation was approved. 



COMMUNICATION FROM D. MARGARET DRURY, 
CAMBRIDGE CITY CLERK TRANSMITTING 
COPY OF RESOLUTION THAT WAS PASSED 
BY CAMBRIDGE CITY COUNCIL URGING 
SUPPORT FOR MOTION PICTURES OPERA- 
TIONS UNION LOCAL 182 (DOCKET NO. 
0248) 

Communication was received from D. Margaret 
Drury, Cambridge City Clerk transmitting a copy of a 
resolution that was passed by the Cambridge City 
Council urging support for the Motion Pictures 
Operations Union Local 182. 

Placed on file. 



APPROVAL OF CONSTABLES BONDS 
(DOCKET NO. 0249) 

The Constables' Bonds of Ayubur Rahman and Jack 
Tracy, having been duly approved by the Collector- 
Treasurer, were received and approved under the usual 
terms and conditions. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0250) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, February 16, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, May 
10,2002: 

Annamarie Geary, Secretary, $305.00 part time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0251) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, March 2, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, May 24, 
2002: 

William R Doherty, Administrative Asst., $961.54 
full time. 

Passed under suspension of the rules. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE; ACT RELATIVE TO CIVIL SERVICE 
PLACEMENT (DOCKET 0252) 

Councilors ROACHE, HONAN, FEENEY, KELLY, 
HENNIGAN and MURPHY 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 
precisely as follows, except for clerical or editorial 
changes of form only: 



PETITION FOR A SPECIAL LAW RE: AN ACT 
RELATIVE TO CIVIL SERVICE PLACEMENT 

Section 1 . Notwithstanding the provisions of any gen- 
eral or special law, rule or regulation to the confrary, 
Thomas J. Foley of Boston, son of Edward P. Foley 
deceased City of Boston police officer, shall be consid- 
ered a son of a police officer who was killed or sustained 
injuries resulting in his death while in the performance 
of his duties and as a result of an assault on his person 
as set forth m section twenty -six of chapter thirty-one of 
the General Laws, for the purposes of civil service eli- 
gibility for a position of police officer in the City of 
Boston. 

Section 2. This act shall be effective February 1, 
2002. 

On motion of Councilor ROACHE, the rules were 
suspended; the order was passed. 



ORDER FOR HEARING TO DISCUSS CONCERNS 
RAISED BY CITY EMPLOYEES REGARDING 
SICK BUILDING SYNDROME (DOCKET NO. 
0253) 

Councilors ROACHE, HENNIGAN and FEENEY 
offered the following: 

Whereas, Sick Building Syndrome was acknowl- 
edged by the World Health Organization in 1986 as a 
recognizable disease; And 

Whereas, The symptoms that accompany this disease 
are documented as occurring more in public buildings; 
And 

Whereas, Sick Building Syndrome is generally con- 
sidered to result from, inadequate air ventilation, chem- 
ical contaminants from indoor as well as outdoor 
sources and biological contaminants derived from bac- 
teria and mold; And 

Whereas, We are very concerned about the health and 
wellness of city employees and the "healthiness" of City 
Hall and all city buildings; therefore be it 

Ordered, The Boston City Council hold a public hear- 
ing to discuss concerns raised by city employees regard- 
ing Sick Building Syndrome; and therefore be it further 

Ordered, Those representatives from the Department 
of Public Health, The City of Boston Public Health 
Commission, environmentalists and affected city 
employees be invited to testify. 

Referred to the Committee on Public Health. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0254) 

Councilor FLAHERTY offered the following: 

Ordered, that effective Saturday, August 25, 2001, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, May 24, 
2002: 

Alicia M. Rampulla, Act. Research Director, $932.69 
full time. 

Passed under suspensions of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0255) 



40 



CITY COUNCIL 



Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, February 16, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, May 
3, 2002: 

Ryan K, Howarth, Secretary, $275.00, full time. 

Passed under suspensions of the rules. 



FOR HEARING RE: URBAN RENEWAL 
(DOCKET NO. 0256) 

Councilors TURNER, YANCEY, ROACHE, 
HONAN, FLAHERTY, HENNIGAN, FEENEY, 
KELLY and TOBIN offered the following: 

Whereas: There are a number of urban renewal pro- 
jects throughout the City of Boston which will expire in 
the next two to three years; and 

Whereas: It is not clear how expiration of the projects 
will affect land within the projects that has not yet been 
disposed; and 

Whereas: It is important that the City Council have a 
clear understanding of the guidelines in this transition 
phase of urban renewal in order to effectively represent 
the interests of the citizens of Boston; and 

Whereas: The Boston Redevelopment Authority has 
mandated that the majority of housing units developed 
on the land remaining in the Washington Park Urban 
Renewal Project be developed as market rate units, 
despite contract guidelines that the land be used for the 
development of low and moderate income housing. 
Therefore be it 

Ordered: That a hearing be held at City Hall whereby 
the Director of the Boston Redevelopment Authority 
and Area Director of HUD be invited to answer the fol- 
lowing questions relative to urban renewal in Boston: 
How many urban renewal projects have land which has 
not yet been distributed? Where are these projects 
located? How much undistributed land remains in each 
of the projects? What is the expiration date of these pro- 
jects? What will happen to undistributed land, once the 
expiration date is reached? Will HUD intervene in the 
land disposition process underway in the Washington 
Park Renewal area, given that the Boston 
Redevelopment is not adhering to the contractual guide- 
lines? 

Ordered: That the public be invited to give their views 
on these issues. 

Referred to the Committee on Planning and 
Economic Development. 



Whereas: During the school year there are TAG 
Hispanic Program Centers in 5 Boston High Schools 
(the Boston Latin School, Boston Latin Academy, lohn 
D. O'Bryant High School, Boston English High School, 
Charlestown High School). These centers provide free 
tutoring, counseling, and encourage Latino students to 
attend and successfully complete their High School edu- 
cation and Higher Education. 

Whereas: The University of Massachusetts guaran- 
tees admission to any student in the TAG program that 
successfully completes High School; and 

Whereas: The TAG Hispanic Program is funded by 
the Boston Public Schools and for the last ten years has 
never asked for more than level funding ($90,000); 

Therefore be it 

Resolved: Superintendent Payzant and the Boston 
School Committee present a budget to the Boston City 
Council that includes the $90,000 needed to fully fund 
the TAG Hispanic Program. 

On motion of Councilor TURNER, the rules were 
suspended; the resolution was adopted. 



RESOLUTION NOTIFYING SCHOOL COMMIT- 
TEE AND SUPERINTENDENT THAT CITY 
COUNCIL BELIEVES THAT ADVOCACY 
GROUPS SHOULD CONTINUE TO BE 
FUNDED BY SCHOOL DEPARTMENT 
(DOCKET NO. 0258) 

Councilors TURNER, YANCEY, ROACHE, 
HONAN, FLAHERTY, ROSS, CONLEY, TOBIN, 
FEENEY, SCAPICCHIO, HENNIGAN and MURPHY 
offered the following: 

Whereas: Publicly financed advocacy has been a fun- 
damental part of the Boston public school system since 
the late 1970s; and 

Whereas: Advocacy through the Sped Pac, Master 
Pac, Title I Program, and City Wide Parents' Council is 
essential for accountability within the system, particu- 
larly given the absence of an elected School Committee; 
and 

Whereas: Superintendent Payzant has declared that as 
a matter of principle he will not fiind these advocacy 
centers in this coming year's budget. 

Therefore be it 

Resolved: That the City Council notify the School 
Committee and the Superintendent that we believe that 
these advocacy groups should continue to be funded by 
the School Department. 

Referred to the Committee on Education and 
School Matters. 



RESOLUTION THAT SUPERINTENDENT 
PAYZANT AND SCHOOL COMMITTEE PRE- 
SENT BUDGET TO CITY COUNCIL THAT 
INCLUDES $90,000 NEEDED TO FULLY 
FUND TAG HISPANIC PROGRAM (DOCKET 
NO. 0257) 

Councilors TURNER, YANCEY, ROACHE, 
HONAN, FLAHERTY, ROSS, CONLEY, TOBIN, 
SCAPICCHIO, MURPHY, KELLY, HENNIGAN and 
FEENEY offered the following: 

Whereas: The TAG Hispanic Program has been in 
existence for the last 1 7 years and is the only program 
focuses on assisting Boston Public School of Latino 
descent excel in High School and enter college: and 

Whereas: Over the summer the TAG Hispanic 
Program serves 1 50 7th, 8th, and 9th graders. It provides 
them with academics, theatre, sports and counseling to 
prepare them for High School (Latin is provided for 
those students attending Latin School and Latin 
Academy); and 



ORDER FOR HEARING TO HAVE SUPERINTEN- 
DENT OF SCHOOLS ANSWER MCAS STU- 
DENT QUESTIONS (DOCKET NO. 0259) 

Councilors TURNER, YANCEY, ROACHE, HONAN 
and FLAHERTY offered the following: 

Whereas: A major portion of the resources of the 
Boston Public School System are being devoted to 
preparing students for the MCAS test; and 

Whereas: The state has indicated that care should be 
exercised in making comparisons between the May 2001 
scores and previous years, due to changing of standards 
at the fourth grade level and the adjustment in the 
reporting scale; and 

Whereas: The comparison of the performance of 
Boston students to students across the state will give us 
a clear indicator of the success of our approach to 
MCAS, particularly relating to closing the achievement 
gap between Black, Latin, and Cape Verdean students 
and White and Asian students; and 

Whereas: Our regular education tenth graders, includ- 



FEBRUARY 13, 2002 



41 



ing exam school students, ranked 187th out of the 198 
non vocational, public systems in which tenth graders 
were tested for MCAS math; and 

Whereas: Our tenth graders, including exam school 
students, ranked 191st out of the 198 non vocational 
public systems in which tenth graders were tested for 
MCAS English language arts; and 

Whereas: Our eighth graders, including exam school 
students, ranked 197th out of the 203 systems in which 
the students took the English language arts MCAS test; 
and 

Whereas: Our eighth graders ranked 191st out of the 
203 systems in which the students took the math MCAS 
test; and 

Whereas: Our fourth graders ranked 235th out of the 
243 systems in which the students took the math MCAS 
test; and 

Whereas: Our fourth graders ranked 237th out of the 
243 systems in which the students took the English 
MCAS test; Therefore be it 

Ordered: That a hearing be held by the City Council 
at City Hall to have the Superintendent answer the fol- 
lowing MCAS student performance related questions 

1) Why is the performance of our system so poor 
when compared to the other systems in the state? 

2) Has there been an examination of what techniques 
the high performance systems used in order to deter- 
mine whether we should alter ours? 

3) What changes are being introduced in order to 
improve our competitive position in the state? 

4) Since our poor statewide performance also relates 
to the achievement gap, are any special means being 
used to curtail the achievement gap? 

5) Given the fact that 60% of our District 10th graders 
are still failing MCAS and that Roxbury Community 
College interim President Randolph Bromery has said 
that he is opposed to RCC hosting a thirteenth year for 
those who fail MCAS, isn't it time to ask the state to 
waive MCAS as a requirement for graduation? 

Referred to the Committee on Education and 
School Matters. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: GRANTING CREDITABLE SER- 
VICE TO CERTAIN POLICE OFFICERS 
(DOCKET NO. 0260) 

Councilors ROSS, ROACHE, YANCEY, CONLEY, 
TOBIN, TURNER, SCAPICCHIO, MURPHY, KELLY, 
HENNIGAN, FEENEY, FLAHERTY and HONAN 
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 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: GRANTING 
CREDITABLE SERVICE TO CERTAIN 
POLICE OFFICERS 

Section 1 . Notwithstanding the provisions of section 
4 or any other general or special law to the contrary, the 
board of the State-Boston Retirement System is hereby 
authorized and directed to grant to the Boston Police 
Department of officers listed below, creditable service 
for the purpose of Chapter 32 of the General Laws, pro- 
viding that these same officers pay into the State-Boston 
Retirement System Annuity Savings Fund. These pay- 
ments can be in the form of one sum or in installments 
in equal amoimts, which would have been deducted 



from the regular compensation of these of officers for 
the periods of absence, as ascribed below, had they 
remained members in service for those respective peri- 
ods rather than to have volunteered to travel to Haiti and 
train the Haitian National Police Force. 

Yves Dambreville 12/02/1996 to 3/15/1998 
Emmanuel F Gauvin 10/30/1996 to 3/02/1999 
Rochefort Milien 10/27/1996 to 6/01/1999 
Spencer Ome 1 1/01/1996 to 8/30/1999 
Yves L. Ome 04/01/1998 to 4/25/1999 

Section 2. In addition to the payment of the amount 
required by the preceding sentence, these of officers 
shall also pay into said annuity savings fiind an amount 
of interest such that upon the completion of such pay- 
ments the value of their respective accumulated pay- 
ments under this paragraph, together with regular inter- 
est thereon, shall equal the value of their accumulated 
regular deductions for such periods which would have 
resulted if such deductions had actually been made firom 
regular compensation during the aforementioned peri- 
ods. 

Section 3. Upon the completion of the payments 
required hereunder, the board of the State Boston 
Retirement System shall grant to these of officers cred- 
itable service for their respective periods of absence, but 
no such credit shall be granted until such payments are 
completed. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING ON OPERATIONS OF 
BOSTON REDEVELOPMENT AUTHORITY 
(DOCICETNO. 0261) 

Councilors HENNIGAN, FEENEY, YANCEY, 
ROACHE, ROSS and KELLY offered the following: 

Whereas, The Boston Redevelopment Authority 
(BRA) was created by a vote of the City Council on 
August 19, 1957, pursuant to a Federal Urban Renewal 
fund fiinding program and State enabling legislation; 
and 

Whereas, In 1960, State legislation, passed with little 
public review as an "emergency act," abolished the 
Boston Planning Board and give its responsibilities and 
property to the BRA, a consolidation of urban renewal 
and city planning unique to Boston; and 

Whereas, All of Boston's 13 urban renewal plans were 
originally approved by the Boston City Council; and 

Whereas, The Boston Redevelopment Authority's 
urban renewal powers, including eminent domain, rely 
on these urban renewal plans; and 

Whereas, All urban renewal plan modifications pro- 
posed by the BRA are legally required to be submitted 
for review and approval by the State Department of 
Housing and Community Development (DHCD); and 

Whereas, Of over 280 urban renewal plan modifica- 
tions proposed and implemented by the BRA, only 4 
have been submitted for review by the DHCD, effec- 
tively eliminating both State review, and the City 
Council oversight on the urban renewal program it 
authorized when first approving the plans; and 

Whereas, The Federal Urban Renewal Program and 
funding was terminated in 1974; and 

Whereas, The urban renewal plans will begin to 
expire shortly, beginning with the West End and 
Government Center Urban Renewal Plans; and 

Whereas, Urban redevelopment Chapter 1 2 1 A agree- 
ments, whereby the BRA has been granting zoning 
exemption and tax relief to projects on sites outside the 
original Urban Renewal Areas which it determines to be 
"blighted, decadent and substandard, " will also be 
expiring in the near future; and 

Whereas, There has been no planning by the City 
Council for the future of the urban renewal and urban 



42 



CITY COUNCIL 



redevelopment programs carried out through these plans 
and agreements as they expire; and 

Whereas, Recent City Council hearings on the BRA's 
urban renewal projects, such as City Hall Plaza, the 
Ames Building, and the Hayward Parcel, have raised 
issues regarding the continued applicability of the 
"blighf'-bases urban renewal program, and the appro- 
priateness of the BRA's review processes, for Boston's 
fiiture development; Therefore be it 

Ordered, That; The City Council shall hold a public 
hearing on the operations of the Boston Redevelopment 
Authority as the urban renewal agency and redevelop- 
ment authority of Boston, to plan for the future of the 
urban renewal and urban redevelopment programs and 
the BRA's role as plans and agreements expire. 

Referred to the Committee on Planning and 
Economic Development. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, two 
late filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0276) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, February 23, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, May 
31,2002: 

Angela Tragos, Secretary, $125.00/week, part time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO FURTHER INVESTI- 
GATE PROGRESS IN UPGRj\DING PORT'S 
SECURITY (DOCKET NO. 0277) 

Councilor MURPHY offered the following: 

Whereas, The Boston City Council has held hearings 
to investigate the security procedures at our port, and the 
necessary upgrades and changes that need to be made in 
light of recent events; and 

Whereas, In March of 2002, the China Ocean 
Shipping Company (COSCO) will begin direct service 
between Boston and Shanghai; and 

Whereas, The Boston Herald, among other publica- 
tions, has reported on an ongoing Congressional inves- 
tigation into COSCO's business dealings; and 

Whereas, Allegations against COSCO include spying, 
shipping of arms and explosives to Cuba and attempts to 
ship guns to street gangs in California; and 

Whereas, Recent events have demonstrated the need 
for heightened security at all ports of entry, and the 
potential necessity for off-shore screening for added 
security; therefore be it 

Ordered, That the appropriate committee of the 
Boston City Council hold a hearing to fiirther investi- 
gate the progress in upgrading our port's security, and 
that the Commander of the United States Coast Guard 
facility in Boston and representatives of the United 
States Customs Office in Boston, along with officials 
from MassPort security be requested to attend; and be it 
further 

Ordered, That the Boston City Council request the 
MassPort board of directors to delay commencement of 
the COSCO contract until appropriate screening and 
security is in place. 

Referred to the Committee on Aviation and 
Transportation. 



CONSENT AGENDA 

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

Councilor Conley: Recognizing 50 Veterans on their 
courageous service to the Armed Forces (Docket No. 
0262). 

Councilor Hennigan: Congratulating 3 persons for 
their service and dedication to the Springhouse (Docket 
No. 0263). Congratulating 4 persons for their service 
and dedication to Boston Alzheimer's Center (Docket 
No. 0264). 

Councilors Hennigan and Tobin: Congratulating 20 
persons for their service and dedication to the Sherrill 
House (Docket No. 0265). Congratulating 10 persons 
for their service and dedication to the Mount Pleasant 
Home (Docket No. 0266). 

Councilor Hennigan: Congratulating 5 persons on 
receiving the Roxbury Highland Charitable Foundation 
Award (Docket No. 0267). 

Councilor Honan: Congratulating Robert Weinberg 
(Docket No. 0268). 

Councilor Scapicchio: Congratulating Vincent 
Labella (Docket No. 0269). 

Councilor Tobin: Congratulating Monsignor William 
Helmick (Docket No. 0270). 

Councilor Hennigan: Congratulating Sylvia Porter 
(Docket No. 0271). 

Councilors Yancey and Turner: Honoring Kenneth A. 
Granderson and FleetBoston Financial for the creation 
of Roxbury.com (Docket No. 0272). 

Councilor Kelly: Congratulating Russ Waterman 
(Docket No. 0273). 

Coimcilor Scapicchio: Congratulating John "Bucky" 
Jones (Docket No. 0274). Congratulating the 
Charlestown High School Varsity Football Team 
(Docket No. 0275). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so. Councilor Kelly 
asked that when we adjourn today we do so in memory 
of Louise Errico, mother of six and dear friend of the 
Councilor's. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, we do so in memory of Louise Errico, to 
meet again on Wednesday, February 27, 2002 at 12:30 
p.m. 

The motion was carried. 



Adjourned at 2:30 p.m. on motion of President 
FLAHERTY to meet again on Wednesday, February 27, 
2002 at 12:30 p.m. 



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



I 



D 



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CITY COUNCIL 



43 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, February 27, 2002 
Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:50 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Reverend William Salmon, Our Lady of the 
Presentation, delivered the invocation and the meeting 
was opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR ROSS 

Coimcilor ROSS welcomed the Fenway High School 
Boys Basketball Team to the chamber today and con- 
gratulated them on reaching championship status and 
presented them with a resolution to honor them. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF DR. JUDYANN BIGBY AS MEM- 
BER OF BOSTON PUBLIC HEALTH COM- 
MISSION FOR TERM EXPIRING lANUARY 1, 
2005 (DOCKET NO. 0278) 

The following was received: 

City of Boston 
Office of the Mayor 

February 21, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your Confirmation an Order 
regarding the re-appointment of Dr. Judy Ann Bigby of 
60 Burroughs Street, Jamaica Plain, MA, 02130 as a 
member of the Boston Public Health Commission for a 
term expiring January 1, 2005. I am reappointing Dr. 
Bigby pursuant to the authority vested in me by St. 
1995, c. 147, sec. 3, and subject to your confirmation. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That pursuant to the provisions of St. 1 995, 
c. 147, sec. 3, the appointment of Dr. Judy Ann Bigby of 
60 Burroughs Street, Jamaica Plain, MA 02130, as a 
member of the Boston Public Health Commission for a 
term expiring January 1, 2005, be and the same hereby 
is approved. 

Referred to the Committee on Public Health. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF DAVID MULLIGAN AS MEMBER 
OF BOSTON PUBLIC HEALTH 

COMMISSION FOR TERM EXPIRING 
JANUARY 1, 2005 (DOCKET NO. 0279) 

The following was received: 

City of Boston 
Office of the Mayor 

February 21,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your Confirmation an Order 
regarding the re-appointment of David Mulligan of 727 
Queen Anne Road, Harwich, MA, 02645 as a member of 
the Boston Public Health Commission for a term expir- 
ing January 1, 2005. I am reappointing Mr. Mulligan 



pursuant to the authority vested in me by St. 1995, c. 
147, sec. 3, and subject to your confirmation. 
Sincerely. 

Thomas M. Menino. 
Mayor of Boston. 



Ordered, That pursuant to the provisions of St. 1995, 
c. 147, sec. 3, the appointment of David Mulligan of 727 
Queen Anne Road, Harwich, MA 02645, as a member of 
the Boston Public Health Commission for a term expir- 
' ing January 1, 2005, be and the same hereby is 
approved. 

Referred to the Committee on Public Health. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF CATHLEEN DOUGLAS STONE AS 
MEMBER OF BOSTON WATER AND SEWER 
COMMISSION FOR TERM EXPIRING JANU- 
ARY 1, 2006 (DOCKET NO. 0280) 

The following was received: 

City of Boston 
Office of the Mayor 

February 21, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order regard- 
ing the reappointment of Cathleen Douglas Stone of 12 
Lime Street as a member of Boston Water and Sewer 
Commission for a term expiring January 1, 2006. I am 
re-appointing Ms Stone pursuant to the authority vested 
in me by section 3 chapter 346 of the Acts of 1977, and 
subject to your approval. 

I urge your Honorable Body to pass this order expe- 
ditiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the reappointment of Cathleen Douglas 
Stone of 12 Lime Street as a member of the Boston 
Water and Sewer Conmiission for a term ending January 
1, 2006, be approved. 

Referred to the Committee on Public Utilities and 
Cable Communications. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO EXPEND GRANT OF $97,179 FROM 
UNITED STATES DEPARTMENT OF JUS- 
TICE, OFFICE OF JUVENILE JUSTICE AND 
DELINQUENCY-PREVENTION FOR PUR- 
POSE OF CONTINUING SOUTH BOSTON 
COMMUNITY COALITION TO PREVENT 
SUBSTANCE ABUSE (DOCKET NO. 0281) 

The following was received: 

City of Boston 
Office of the Mayor 

February 21.2002 
To the City Council. 
Dear Councillors: 

1 transmit herewith for your approval, an Order autho- 
rizing the City of Boston, acting by and through the 
Boston Police Commissioner, to expend an award not to 
exceed the amount of $97,179.00 from the United States 
Department of Justice, Office of Ju\'enilc Justice and 
Delinquency Prevention. This Drug Free Communities 
Support Program supplemental grant award is for the 
purpose of continuing the South Boston Community 
Coalition to Prevent Substance Abuse, which is a com- 
prehensive community based response to substance by 
youth. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may expend 



44 



CITY COUNCIL 



the funds for the puqjoses for which they were awarded. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to M.G.L. c. 44, sec 53 A, the 
City of Boston, acting by and through the Boston PoHce 
Commissioner, be and hereby is authorized to expend a 
grant award firom the US Department of Justice, Office 
of Juvenile Justice and Delinquency Prevention, in an 
amount not to exceed $ 97,179.00 

Referred to the Committee on Public Safety. 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
BONDS IN PRINCIPAL AMOUNT NOT TO 
EXCEED $3,700,000 FROM BOSTON INDUS- 
TRIAL DEVELOPMENT FINANCING 
AUTHORITY (BIFDA) FOR PROJECT OF 
ACME BOOKBINDING COMPANY, INC. 
(DOCKET NO. 0282) 

The following was received: 

City of Boston 
Office of the Mayor 

January 23, 2002 
To the City Council. 
Dear Councillors: 

1 transmit herewith for your approval an order to 
approve the issuance of a tax-exempt bond(s) in a prin- 
cipal amount not to exceed $3,700,000. The Boston 
Industrial Development Financing Authority (BlDFA)'s 
Board of Directors, acting pursuant to the provisions of 
Chapter 40D of the Massachusetts General Laws, 
adopted a favorable resolution with respect to financing 
the acquisition of equipment to be owned by ACME 
BOOKBINDING COMPANY, EMC, (the "Borrower") 
and used in the Borrower's commercial bookbinding 
business. 

It is proposed that the City (i) approve a project to be 
located at facilities owned by Borrower, which project 
will consist generally of the acquisition and installment 
of certain equipment to be used to sew, adhesive bind, 
make covers, hardcover bind and shrink wrap hardcover 
and paperback books, to be owned by Borrower's book 
manufacturing business located at 100 Cambridge 
Street, Charlestown, Massachusetts, and (ii) authorize 
such financing and installation cost by the issuance by 
BIDFA of one or more issues of industrial development 
bonds in an aggregate amount not to exceed $3,700,000. 

I urge your Honorable Body to pass this order as 
expeditiously as possible so that this important project 
may proceed as described. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



Whereas, Acme Bookbinding Company Inc. (the 
"Borrower", which word includes in this order any par- 
ent, subsidiary or other affiliate of Acme Bookbinding 
Inc.) has proposed the financing of up to $3,700,000 of 
the cost of a Project (the "Project") consisting generally 
of the following: the acquisition of certain bookbinding 
equipment by the Borrower, which equipment is to be 
used in the Borrower's bookbinding business operated at 
certain industrial development facilities owned by an 
affiliate of the Borrower which financing is proposed to 
be accomplished through the issuance by the City of 
Boston, acting by and through its Industrial 
Development Financing Authority (the "Authority"), of 
industrial development revenue bonds (Acme 
Bookbinding Company Inc. -2002 issue) (the "Bonds"); 

Whereas, The Borrower has expressed its willingness 
to (i) make payments sufficient to pay the principal, pre- 
mium, if any, and interest on the Bonds to be issued to 
pay up to $3,700,000 of the cost of the Project, (ii) reim- 
burse the City and the Authority for their expenses 



incurred in connection therewith and (iii) reimburse the 
City for, and indemnify the City and the Authority 
against, any such expenses or costs incurred hereafter in 
the event that issuance and sale of such Bonds are not 
accomplished as contemplated; 

Whereas, The Borrower presently employs 146 per- 
sons and the Project, upon its completion as projected 
by the Borrower, will provide training and occupational 
upgrades for current employees and employment for 
additional employees, and will contribute to the allevia- 
tion of unemployment in the City, provide security 
against future unemployment and be of benefit to the 
economy of the City and the Commonwealth of 
Massachusetts; 

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 fiimishing of at 
least 50% of new jobs and new hires at said Project to 
City of Boston residents, at least 25% of new jobs or 
new hires to minorities and at least 25% of new jobs or 
new hires to women; 

Whereas, The Borrower has pledged to cooperate 
with public and community agencies engaged in foster- 
ing minority and women-owned business enterprises 
and hereby also pledges to pursue as a goal the place- 
ment of contracts for goods and services with Boston- 
based enterprises; 

Whereas, The estimated cost of the Project is 
$3,700,000 and the Borrower has indicated its willing- 
ness to finance any costs of the Project in excess of 
$3,700,000 other than by the issue of the Bonds and it 
appears that the cost of the Project or such portion 
thereof as is not financed through other sources may be 
financed through the issuance of the Bonds, pursuant to 
the provisions of Chapter 40D of the Massachusetts 
General Laws (the "Acf ') 

Whereas, The Authority has adopted resolutions 
approving the Project and the estimated costs thereof 
and authorizing the issuance of the Bonds to finance the 
costs of the Project, the issuance of such Bonds being 
subject to the making of a loan agreement and other 
agreements with the Borrower pursuant to the Act and to 
certain conditions including that the City Council and 
the Mayor of the City approve the Project and the 
financing thereof of the issuance of the Bonds; 

Whereas, The financing in part or in whole of the 
Project through the issuance and sale of the Bonds is 
intended to be an inducement for the Borrower to 
acquire and improve the proposed Project in the City of 
Boston for its benefit; 

Whereas, By adopting the order set forth herein or by 
taking other action in connection with the Project or the 
Bonds, the City does not and cannot provide any assur- 
ance that the Project or the Borrower is financially 
viable or sound, that amounts owing on such Bonds will 
be paid, that any collateral which may be pledged to 
such Bonds will be sufficient to repay the holders of 
such Bonds in the event of default and foreclosure, or 
that interest on such Bonds will be exempt from federal 
or Massachusetts income taxation; and neither the 
Borrower nor any prospective purchaser of such Bonds 
nor any other person shall rely upon the City or the 
Authority with respect to such matters; and 

Whereas, This Council has been advised that notice 
of a public hearing relating to the proposed issuance of 
the Bonds, in an amount not exceeding $3,700,000 to 
finance the Project, was published in The Boston Globe 
on January 23, 2002, and said public hearing was held 
on February 6, 2002, all as described in such published 
notice. Now Therefore Be it Ordered: 

That the Project hereinabove described, its estimated 
cost and the financing of the Project through the 
issuance of the Bonds pursuant to the Act, in a principal 
amount not to exceed $3,700,000 be, and the same 
hereby are, approved; provided, however, that such 
Bonds shall not constitute a pledge of the faith and 



FEBRUARY 27, 2002 



45 



credit of the City of Boston or of the Commonwealth of 
Massachusetts; and be it further 

Ordered, That it is intended that this approval shall 
constitute the public approval of the aforesaid Bonds 
required under Section 147(f) of the Internal Revenue 
Code of 1986 (the "Code"), and it is also the intent of 
this Council that this approval shall serve as an induce- 
ment for the Borrower to undertake the Project; and be 
it further 

Ordered, That this order shall not constitute and shall 
not be relied upon as an allocation or determination of 
priority by the Authority or the City for the purpose of 
issuing private activity bonds as provided in Section 146 
of the Code and any regulations issued thereunder 

Referred to the Committee on Planning and 
Economic Development. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $15,000 FROM MASSA- 
CHUSETTS CULTURAL COUNCIL 
MATCHING INCENTIVE TO BE EXPENDED 
BY OFFICE OF CULTURAL AFFAIRS 
(DOCKET NO. 0283) 

The following was received: 

City of Boston 
Office of the Mayor 

February 25, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston to accept and expend the 
Massachusetts Cultural Council Matching Incentive 
Grant in an amount not to exceed Fifteen Thousand 
Dollars ($15,000). 

I urge the City Council to adopt this Order expedi- 
tiously so that the Office of Cultural Affairs may use 
these funds for the purpose for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Mayor, acting on behalf of the City 
of Boston, be and hereby is authorized to accept and 
expend a Matching Incentive Grant of $15,000, pursuant 
to G.L., Chapter 44 Section 53A, from the 
Massachusetts Cultural Council, to be expended by the 
Office of Cultural Affairs. 

Referred to the Committee on Arts, Humanities 
and Tourism. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $125,000 FROM 
DEPARTMENT OF ECONOMIC DEVELOP- 
MENT/MASSACHUSETTS OFFICE OF 
TRAVEL AND TOURISM TO BE EXPENDED 
BY OFFICE OF CULTURAL AFFAIRS 
(DOCKET NO. 0284) 

The following was received: 

City of Boston 
Office of the Mayor 

February 25, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval am Order autho- 
rizing the City of Boston to accept and expend the 
Department of Economic Development/Massachusetts 
Office of Tourism grant in an amount not to exceed One 
Hundred Twenty Five Thousand Dollars ($125,000) 

I urge the City Council to adopt this Order expedi- 
tiously so that the Office of Cultural Affairs may use 
these funds for the purpose for which they were granted. 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Mayor, acting on behalf of the City 
of Boston, be and hereby is authorized to accept and 
expend a grant of $125,000, pursuant to G.L., Chapter 
44 Section 53A, from the Department of Economic 
Development/Massachusetts Office of Travel & 
Tourism, to be expended by the Office of Cultural 
Affairs. 

On motion of Councilor TOBFN, the matter was laid 
on the table until the end of the agenda. 

Later in the session, on motion of the Chair, the order 
was taken from the table. 

On motion of the Chair, the matter was referred to 
the Committee on Arts, Humanities and Tourism. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND MASSACHUSETTS CULTURAL 
COUNCIL ORGANIZATIONAL SUPPORT 
GRANT OF $5,560 TO BE EXPENDED BY 
OFFICE OF CULTURAL AFFAIRS (DOCKET 
NO. 0285) 

The following was received: 

City of Boston 
Office of the Mayor 

February 25, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston to accept and expend the 
Massachusetts Cultural Council Organizational Support 
Grant in an amount not to exceed Five Thousand Five 
Hundred Sixty Dollars ($5,560). 

I urge the City Council to adopt this Order expedi- 
tiously so that the Office of Cultural. Affairs may use 
these funds for the purpose for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Mayor, acting on behalf of the City 
of Boston, be and hereby is authorized to accept and 
expend an Organizational Support Grant of $5,560, pur- 
suant to G.L., Chapter 44 Section 53A, from the 
Massachusetts Cultural Council, to be expended by the 
Office of Cultural Affairs. 

Referred to the Committee on Arts, Humanities 
and Tourism. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF RICHARD DRISCOLL AS A MEM- 
BER OF THE PUBLIC FACILITIES COMMIS- 
SION (DOCKET NO. 0286) 

Notice was received from the Mayor of the appoint- 
ment of Richard Driscoll as a member of the Public 
Facilities Commission. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0287) 

Notice was received from the Mayor of his absence 
from the City on February 14. 2002 until February 24, 
2002. 

Placed on file. 



46 



CITY COUNCIL 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF PAUL J. SCAPICCHIO AS TRUSTEE 
OF NEIGHBORHOOD JOBS TRUST FOR 
TERM EXPIRING JANUARY 14, 2004 
(DOCKET NO. 0288) 

Notice was received from the Mayor of the appoint- 
ment of Paul J. Scapicchio as Trustee of the 
Neighborhood Jobs Trust for a term expiring January 
14, 2004. 

Placed on file. 



Sheila C. Temple, Budget Director, $1,110.57, full 
time. 

Passed under suspension of the rules. 



APPROVAL OF CONSTABLES BONDS 
(DOCKET NO. 0289) 

The Constables Bond of Edward C. Gentile, having 
been duly approved by the Collector-Treasurer, was 
received and approved. 



COMMUNICATION RECEIVED FROM CITY 
CLERK NOTIFYING CITY COUNCIL THAT 
VACANCY HAS OCCURRED IN OFFICE OF 
CITY COUNCILOR FOR DISTRICT FIVE FOR 
REMAINDER OF TERM (DOCKET NO. 0290) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

February 26, 2002 
To the City Coimcil. 
Councilors: 

This is to notify you that your former colleague 
Daniel F. Conley was sworn into oifice as District 
Attorney for Suffolk County on February 19, 2002. 

As a result, there is a vacancy in the office of City 
Councilor for District Five for the remainder of the 
term. 

Attached hereto for your information is a copy of 
Chapter 233 of the Acts of 1993 which took effect 
November 12, 1993. This special legislation, regarding 
the filling of vacancies on the City Council amends 
Section 15 and adds new Sections 15A and 15B to 
Chapter 452 ofthe Acts of 1948. 

Very truly yours, 

Rosario Salerno, 

City Clerk. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0291) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday, February 23, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, March 
1,2002: 

Ryan Stillman, Secretary, $245.00, fiill time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0292) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday, September 1, 2001, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, May 
31,2002: 



ORDER FOR HEARING TO ADDRESS BUD- 
GETARY AND PLANNING CONSTRAINTS 
OF LOCAL GOVERNMENT, PARTICULARLY 
IN ADDRESSING CURRENT STATE OF 
AFFORDABLE HOUSING (DOCKET NO. 
0293) 

Councilor HENNIGAN offered the following: 

Whereas, The City of Boston, the Commonwealth of 
Massachusetts and the entire country have been nega- 
tively impacted by the recent downturn of the economy 
and; 

Whereas, The current state of the local economy 
requires the City to reassess the manner in which 
resources are allocated and; 

Whereas, Strategies need to be developed to address 
the budgetary and planning consfraints of local govern- 
ment, particularly, in addressing the current state of 
affordable housing; 

Whereas, Property prices continue to rise and avail- 
ability of affordable housing units continues to tighten, 
and; 

Whereas, The goals and priorities ofthe past must be 
revisited and communicated by and with city officials, 
activists, advocacy groups, seniors and all affected citi- 
zens to accommodate the present fiscal challenges, and 
Therefore be it 

Ordered, That the appropriate committee of the City 
Council be called upon to hold a hearing on these issues 
and invite all interested parties to attend and testify 
before the committee regarding their specific goals and 
concerns with regard to addressing the affordable hous- 
ing crisis in the City of Boston. 

Referred to the Committee on Housing. 



ORDER FOR HEARING CONCERNING DECISION 
OF BOSTON HOUSING AUTHORITY TO DIS- 
CONTINUE YOUTH PROGRAMS (DOCKET 
NO. 0294) 

Councilor YANCEY offered the following: 

Whereas, Effective March 31, 2002, the Boston 
Housing Authority will discontinue all youth serving 
programming, affecting all nineteen (19) B.H.A. youth 
centers across the city; and 

Whereas, The de-funding of millions of dollars in 
Federal monies from the B.H.A.'s capital budget is cited 
as the reason(s) the Public Housing Drug Elimination 
Program, under which the youth programs fall, will be 
eliminated; and 

Whereas, The elimination of this program, coupled 
with recent State cuts in the Department of Social 
Services, will result in critical services elimination in 
the areas of education, health, drug prevention, and safe 
havens for these youth and their families; and 

Whereas, The B.H.A., after consulting with local 
youth serving agencies, intends to transition all the 
young people into these agencies, agreeing to pay the 
one-year membership to these agencies for each child; 
and 

Whereas, These referral agencies are not on B.H.A. 
premises, often forcing youngsters to travel some dis- 
tance to participate in youth activities. Research also 
reveals that many of these agencies have no open slots 
and a long waiting list; and 

Whereas, These program cuts will be most sorely felt 
in communities where they are needed the most, where 
children are often left to fend for themselves after 
school hours; Be It Therefore 



FEBRUARY 27, 2002 



47 



Ordered, That the Boston City Council hold a hearing 
concerning the decision of the Boston Housing 
Authority to discontinue youth programs; and Be It 
Further 

Ordered, That the B.H.A. Administrator, the Mayor's 
office, youth advocates, and the public be invited to 
attend and testify. 

Referred to the Committee on Housing. 



ORDINANCE RE: RECYCLING FOR LARGE RESI- 
DENTIAL BUILDINGS (DOCKET NO. 0295) 

Councilors ROSS, MURPHY, HENNIGAN, 
ROACHE and FEENEY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REGARDING RECYCLING FOR 
LARGE RESIDENTIAL BUILDINGS 

Whereas, The City of Boston's Public Works 
Department makes available free recycling services to 
those who choose to participate; and 

Whereas, Some owners of large residential buildings 
have not provided access to the City of Boston's free 
recycling services; and 

Whereas, The City of Boston constantly seeks to 
improve and augment its recycling programs; and 

Whereas, Instituting a recycling mechanism for large 
residential buildings will increase the amount of recy- 
clable materials collected by the City; and 

Whereas, Increasing the collection of recyclable 
material will decrease the tonnage of trash generated 
thereby reducing the City's expenditures for trash col- 
lection and disposal. THEREFORE, 

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

Chapter 7 is hereby amended by inserting Section 7- 
I3A as follows: 

7-13 A Recycling Program — Large Residential 
Buildings with More than Six (6) Units 

7- 13 A. I Purposes. 

These sections supplement the recycling program 
established in CBC 7-13.1 et seq. and pursuant to G.L. 
c. 40, § 8H by expanding the residential recycling pro- 
gram to include large residential buildings, designated 
by the Commissioner as residential buildings with more 
than six (6) units. 

7- 13 A. 2 Definitions. 

Unless specifically indicated otherwise, the defini- 
tions contained in CBC 7-13.3 shall apply and control in 
these sections. 

a. Guidelines for Large Residential Buildings shall 
mean that publication in its most current form, or its 
equivalent, distributed by the Department pursuant to 
CBC 7- 13 A. 3, to guide Owners in their development of 
a Recycling Strategy. 

b. Owner shall mean a person who owns or is in con- 
trol of a large residential building with more than six (6) 
units. 

c. Recycling Carts shall mean any container ranging 
in size from 30 to 90 gallons that is composed of weath- 
erproof material such as plastic or metal as defined by 
the Commissioner. Recycling Carts are hereby specifi- 
cally exempted from the fee and application provisions 
ofCBC 23-2 and CBC 23-11. 

d. Recycling Coordinator shall mean that person 
holding the position, or its equivalent, of Large 
Apartment Building Recycling Coordinator at the 
Department. 

e. Recycling Guide shall mean that publication in its 
most current form, or its equivalent, created by the 
Department pursuant to CBC 7- 13 A. 6. 

f. Recycling Strategy shall mean the written docu- 
ment prepared by the Recycling Coordinator or by the 
Owner with the final approval of the Recycling 



Coordinator containing the recycling strategy for the 
Owner's large residential building. 

7- 13 A. 3 Expanded Application of Recycling 
Program. 

Large residential buildings with more than six (6) 
units and their Owners shall provide access to the recy- 
cling programs in the City of Boston or to an equivalent 
recycling program approved by the Commissioner. The 
Department shall prepare, publish, and distribute 
Guidelines for Large Residential Buildings. 

7- 13 A. 4 Recycling Strategy. 

a. Owners with Pre-Existing Participation in the 
Recycling Programs. 

Within one hundred eighty ( 1 80) calendar days of the 
enactment of this ordinance. Owners who have volun- 
tarily implemented a program for recycling prior to the 
date of enactment of this ordinance shall file a written 
description detailing their current program to the 
Recycling Coordinator, and this written description 
shall be the Recycling Strategy. The Recycling Strategy 
shall be submitted to the Recycling Coordinator for 
review, and the Recycling Coordinator shall approve or 
disapprove the Recycling Strategy. If the Recycling 
Coordinator disapproves the Recycling Strategy then the 
Recycling Coordinator shall revise the Recycling 
Strategy and return it to the Owner for implementation. 
Within forty-five (45) calendar days of approval or dis- 
approval with revisions. Owners shall complete imple- 
mentation of the Recycling Strategy and certify in writ- 
ing to the Recycling Coordinator that implementation 
has been completed. 

b. Owners without Pre-Existing Participation in the 
Recycling Programs. Within one hundred eighty (180) 
calendar days of the enactment of this ordinance or 
within ninety (90) calendar days of the issuance of a 
Certificate of Occupancy for a large residential building 
or any unit therein, whichever comes later, shall consult 
with the Recycling Coordinator or the Guidelines for 
Large Residential Buildings in order to develop a site- 
specific Recycling Strategy addressing the needs of the 
Owner's large residential building, and, the Owner shall 
prepare a written Recycling Strategy which shall 
address and comply with the requirements of these pro- 
visions. The Recycling Strategy shall be submitted to 
the Recycling Coordinator for review, and the Recycling 
Coordinator shall approve or disapprove the Recycling 
Strategy. If the Recycling Coordinator disapproves the 
Recycling Strategy then the Recycling Coordinator shall 
revise the Recycling Strategy and return it to the Owner 
for implementation. Within forty-five (45) calendar 
days of approval or disapproval with revisions. Owners 
shall complete implementation of the Recycling 
Strategy and certify in writing to the Recycling 
Coordinator that implementation has been completed. 

7-13A.5 Recycling Carts. 

Each Owner shall install Recycling Carts in accor- 
dance with the Recycling Strategy. 

7- 13 A. 6 Recycling Guides. The Department shall 
prepare a Recycling Guide for All Residents in 
Households with More than 6 Units. Each Owner shall 
ensure that a Recycling Guide is posted at all times at or 
near the installed Recycling Carts in accordance with 
the Recycling Strategy and shall ensure that a Recycling 
Guide is delivered to each unit in the large residential 
building (i) no earlier than seven (7) calendar days prior 
to installation of the Recycling Carts and no later than 
seven (7) calendar days after installation of the 
Recycling Carts. A Recycling Guide must be attached to 
every lease, or other agreement of occupancy, and/or 
extension thereof. Owners shall annually, not more than 
thirty (30) calendar days before or after the anniversary 
date of the Recycling Strategy, certify in writing to the 
Recycling Coordinator that the Owner has complied 
with the Recycling Strategy. 

7- 1 3 A. 7 Inspection, Enforcement, and Penalties. 

a. The Commissioner shall have the authority to 
inspect, enforce, and impose penalties under this 
ordinance through in accordance with the enforcement 



48 



CITY COUNCIL 



structure found in the Site Cleanliness ordinance (CBC 
9-9. 8(g) through 9-9.8 (1)) and specified as follows: 

1. Inspections. 

(a) Authority. In order to properly carry out their 
respective responsibilities under this Ordinance, and to 
ensure that the public health, safety and environment are 
protected from the hazards posed by unsanitary and 
unhealthy conditions, the Inspectional Services 
Department is authorized to enter, examine, or survey at 
any reasonable time all establishments and bulk refiase 
containers licensed hereunder 

(b) Systematic Area inspections. The Inspectional 
Services Department is authorized to develop and adopt 
plans for systematic, periodic area-wide inspections of 
large residential buildings and their recycling facilities. 

(c) interference With Inspection. If an Owner, occu- 
pant, or other person refuses, impedes, inhibits, inter- 
feres with, restricts, or obstructs entry and free access to 
the large residential building or the premises where 
inspection is authorized by these sections, the 
Inspectional Services Department may seek in a court of 
competent jurisdiction an inspection warrant that allows 
for the inspection of the site and apprises the Owner, 
occupant, or other person concerning the nature of the 
inspection, the scope of the inspection, and justification 
for it and may seek the assistance of the police authori- 
ties in presenting said warrant. 

2. Violation. Violations of this ordinance include, but 
are not limited to: 

(a) the failure to submit a Recycling Strategy; and 

(b) the failure to obtain approval for a Recycling 
Strategy; and 

(c) the occupancy or management of any large resi- 
dential building governed by these sections without an 
approved Recycling Strategy; and 

(d) the failure to comply with an approved Recycling 
Strategy; and 

(e) the interference with an inspection, including 
inspections conducted pursuant to a validly issued 
inspection warrant. 

3. Service of Notice of Violation. Notice of violation 
shall be served on the Owners in the following manner: 

(a) personally, by any person authorized to serve civil 
process; or 

(b) by any person authorized to serve civil process by 
leaving a copy of the notice of violation at the last and 
usual place of abode of the violator; or 

(c) by sending a copy of the notice of violation by reg- 
istered or certified mail, return receipt requested, if 
within the Commonwealth; or 

(d) if the last and usual place of abode of the Owner 
is unknown or outside the Commonwealth, by posting a 
copy of the notice of violation in a conspicuous place on 
or about the premises and by advertising it for at least 
three (3) out of five (5) consecutive days in one or more 
newspapers of general circulation within the City. 

4. Administrative Hearings. 

(a) Right to Hearing. Any person upon whom a notice 
of violation has been served may request a hearing from 
the Inspectional Services Department by filing a written 
petition requesting a hearing on the matter with the 
Inspectional Services Department within seven (7) days 
after the day the notice of violation was served. 

(b) Hearing Notice. Upon receipt of a petition, the 
Inspectional Services Department shall inform the peti- 
tioner of the date, time, and place of the hearing in writ- 
ing. 

(c) Time for Hearing. The hearing shall commence 
within thirty days after the day on which the notice of 
violation was served. The time period in which the cited 
violations must be remedied shall be stayed upon receipt 
of the petition for a hearing until such time as the hear- 
ing is held. 

(d) Hearing of Petitioner At the hearing, the peti- 
tioner shall be given an opportunity to be heard, to pre- 
sent witnesses or documentary evidence, and to show 
why the notice of violation should be modified or with- 
drawn. An official record shall be kept of the hearing 



proceedings and made available to the petitioner upon 
request. Failure to hold a hearing within the time period 
specified herein shall not affect the validity of any 
notice of violation. 

(e) Final Decision After Hearing; Failure to Comply 
with Final Order 

(1) Within seven (7) days after the conclusion of the 
hearing, the Inspectional Services Department shall sus- 
tain, modify, or withdraw the notice of violation and 
shall inform the petitioner in writing of its decision and 
the reasons therefor If the Department sustains or mod- 
ifies the notice of violation, said violation shall be reme- 
died within the time period allotted in the original notice 
of violation or in the modification. 

(2) If a written petition for a hearing is not filed with 
the Inspectional Services Department within seven (7) 
days after the notice of violation has been served or if 
after a hearing the notice of violation has been sustained 
in any part, then each day's failure to comply with the 
notice of violation within the time allowed as issued or 
modified shall constitute an additional and separate 
violation. 

5. Judicial Appeals. Any person aggrieved by a final 
decision of the Inspectional Services Department with 
respect to a notice of violation or any other order issued 
under these sections by the Inspectional Services 
Department, may seek relief in any court of competent 
jurisdiction as provided by the laws of the 
Commonwealth. 

6. Penalties. 

(a) Failure to Submit a Recycling Strategy. If an 
Owner fails to submit a Recycling Strategy in accor- 
dance with the provisions of this ordinance then the 
Commissioner of Inspectional Services may (a) revoke, 
suspend, or cancel the certificate of occupancy of the 
large residential building and/or (b) seek an injunction 
from a court of competent jurisdiction instructing the 
Owner to submit a Recycling Sttategy. 

(b) Failure to Comply With Terms of Recycling 
Strategy. If an Owner fails to comply with the terms of 
the Recycling Strategy then the Commissioner of 
Inspectional Services may, after an administrative hear- 
ing, seek an injunction from a court of competent juris- 
diction instructing the Owner to comply with the 
Recycling Strategy. If an Owner fails to comply with the 
terms of the Recycling Strategy three (3) times in the 
preceding twelve (12) month period then the 
Commissioner of Inspectional Services may, after an 
administrative hearing, revoke, suspend, or cancel the 
certificate of occupancy for the large residential 
building. In the event of revocation, suspension, or can- 
cellation of the certificate of occupancy, other municipal 
agencies issuing permits or licenses will be so notified. 

(c) Failure to Comply with Notice of Violation. An 
Owner who fails to comply with any notice of violation 
or other order issued pursuant to these sections by the 
Inspectional Services Department or its duly appointed 
agents or representatives shall be subject to a fine of 
Three Hundred Dollars and No Cents ($300.00) per 
violation per day. Each day's failure to comply with a 
notice of violation or any other order shall constitute an 
additional and separate violation. 

(d) Interference After inspection Warrant Presented. 
An Owner or any other person who refijses, impedes, 
inhibits, interferes with, restricts, or obstructs entry and 
free access to every part of the large residential building 
where inspection is sought under these sections after an 
inspection warrant has been obtained and presented in 
accordance with these sections, shall be subject to a fine 
of Three Hundred Dollars and No Cents ($300.00). Each 
day's failure to allow unimpeded entry and access shall 
constitute an additional and separate violation. 

(e) Fines. All fines and penalties assessed and col- 
lected under this subsection may be enforced pursuant 
toG.L. c. 40, section 2 ID. 

7. Regulatory Authority. The Commissioner and the 
Commissioner of Inspectional Services shall have the 
authority to promulgate rules and regulations necessary 



FEBRUARY 27, 2002 



49 



to enforce these sections. 

8. Delegation of Authority. The Commissioner and 
the Commissioner of Inspectional Services shall have 
the authority to delegate enforcement of this subsection 
to any City department authorized to enforce public 
safety, health, or environmental laws and regulations. 

b. Nothing in these sections shall prevent the 
Commissioner from developing incentive programs 
directed at the Owners for the successful and timely 
implementation of the recycling program. The 
Recycling Coordinator or the Owner with the approval 
of the Recycling Coordinator may revise the Recycling 
Strategy to address violations or for any other valid pur- 
pose. 

7-13A.8 Commissioner's Notice to Residents. The 
Commissioner shall prepare a written notice to residents 
of the City of Boston summarizing the duties and oblig- 
ations of Owners under the provisions of this ordinance 
and shall mail the notice to every residential address. 
Nothing in this section shall prohibit the Commissioner 
from including the Recycling Guide as a part of the 
notice. 

7- 13 A. 9 Implementation. 

The provisions of 7-13A shall be effective immedi- 
ately upon enactment but no penalty shall be assessed 
upon any Owner for six (6) months thereafter. Nothing 
in this section shall prohibit verbal or written warnings 
from being delivered to an Owner. 

7- 13 A. 10 Severability. 

If any provision of this section shall be held to be 
invalid by a court of competent jurisdiction, then such 
provision shall be considered separately and apart from 
the remaining provisions, which shall remain in full 
force and effect. 

Referred to the Committee on Government 
Operations. 



RESOLUTION SUPPORTING RESTORATION OF 
FULL FUNDING FOR ADULT DENTAL 
MASSHEALTH PROGRAM (DOCKET NO. 
0296) 

Councilors ROSS, SCAPICCHIO, HONAN, 
ROACHE, HENNIGAN, MURPHY, FEENEY, 
TURNER and YANCEY offered the following: 

Whereas, Governor Jane Swift has announced cuts to 
the Adult Dental MassHealth program and will make 
these cuts effective on March 15, 2002; and 

Whereas, These cuts would eliminate dental care for 
low income state residents except in the case of emer- 
gency care, exfractions, oral surgery, and dentures; and 

Whereas, This would mean that instead of fillings and 
saving their teeth, the most vulnerable adults will suffer 
extractions and a loss of teeth; and 

Whereas, A coalition of dental care educational insti- 
tutions, including Boston University's Goldman School 
of Dental Medicine, the Forsyth Institute, and Harvard 
University's School of Dental Medicine, have all pub- 
licly opposed these cuts. Now Therefore Be it 

Resolved, That the Boston City Council supports the 
restoration of full funding for the Adult Dental 
MassHealth program so that all Massachusetts residents 
can have access to quality, affordable dental care. 

On motion of Councilor ROSS, the rules were sus- 
pended; the resolution was adopted. 



ORDER FOR HEARING TO DISCUSS POLICE 
PROTOCOLS ON USE OF DEADLY FORCE 
(DOCKET NO. 0297) 

Councilors TURNER and YANCEY offered the fol- 
lowing: 

Whereas, There have been five deaths in Boston in 
the last fifteen months, resulting from Boston Police of 



officers using deadly force; and 

Whereas, The Boston Police Department has justified 
the use of deadly force by indicating that the officers 
were under attack; and 

Whereas, There is growing concern that police proto- 
cols may encourage officers to use deadly force in situ- 
ations where such force is not warranted; and 

Whereas, The Boston Police Department now has 
weapons that can immobilize without the use of deadly 
force. Therefore be it 

Ordered, That the Boston Police Commissioner and 
the public be invited to a hearing at City Hall to discuss 
police protocols on the use of deadly force. 

Referred to the Committee on Public Safety. 



RESOLUTION REQUESTING SCHOOL COMMIT- 
TEE AND SCHOOL DEPARTMENT 
DEVELOP PLAN TO ASSURE THAT PRE- 
SENT LEVELS OF RACIAL BALANCE, AT A 
MINIMUM, ARE MAINTAINED DURING 
PERIOD OF LAYOFFS (DOCKET NO. 0298) 

Councilors TURNER and YANCEY offered the fol- 
lowing: 

Whereas, In 1 976 Federal Judge Arthur Garrity ruled 
that the Boston School Department should maintain the 
following minimum levels of racial balance among 
teachers, principals, headmasters, and administrators; a 
minimum of 25% Black teachers and a minimum of 
10% Hispanic, Asian, and Native American teachers; a 
minimum of 25% Black principals and headmasters and 
a minimum of 10% Hispanic, Asian, and Native 
American; as well as a minimum of 25% Black admin- 
isfrators and a minimum of 10% Hispanic, Asian, and 
Native American adminisfrators; and 

Whereas, In November of 2001 the system was main- 
taining a level of racial balance slightly above the 1976 
minimums: 25.62% Black teachers, 9.14 % Hispanic, 
4.22% Asian, .19% Native American, and 60.83 % 
White; 35.77 Black principals and headmasters; 12.82 
% Hispanic; 4.88 % Asian, and 45.53% Whites; and 
28% Black managerial employees, 1 1 % Hispanic, 4% 
Asian, and 57% White in June of 2001; and 

Whereas, Mayor Menino's determination to level 
fimd the School Department due to the drop in revenues 
will lead to layoffs; and 

Whereas, It is important to maintain at a minimum 
the present levels of racial balance during the period of 
layoffs. Therefore be it 

Resolved, That the Boston City Council requests that 
the Boston School Committee and School Department 
develop a plan to assure that the present levels of racial 
balance at a minimum are maintained during the period 
of layoffs. 

Referred to the Committee on Education and 
School Matters. 



RESOLUTION RESPECTFULLY REQUESTING 
STATE BOARD OF EDUCATION TO VOTE 
AGAINST PROPOSED AMENDMENTS TO 
603 CMR 23.00, STUDENT RECORDS REGU- 
LATIONS, THAT WOULD REQUIRE THAT 
STUDENT'S TRANSCRIPT INCLUDES 
HIGHEST PERFORMANCE LEVEL THE STU- 
DENT ACHIEVED ON ALL MCAS TESTS 
(DOCKET NO. 0299) 

Councilors TURNER, SCAPICCHIO, FLAHERTY, 
ROACHE, ROSS, YANCEY and FEENEY offered the 
following: 

Whereas, Placing student MCAS results on student 
franscripts will place students at risk of having such 
information inappropriately used by college admissions 
olTiccrs to make critical decisions impacting their life; 



50 



CITY COUNCIL 



and 

Whereas, The MCAS exams were not designed or 
validated to measure or predict whether students will 
succeed in college and should not be used to make deci- 
sions related to college admissions, placement, or schol- 
arships; and 

Whereas, Students and families should maintain their 
individual right to choose which standardized tests 
results are submitted in applications for college admis- 
sion as is the current case with MCAS exams, the SAT, 
and all other standardized tests; and 

Whereas, A growing number of colleges and univer- 
sities are changing their admissions standards to de- 
emphasize or eliminate standardized test requirements 
because such measures have been shown to be invalid 
and inaccurate predictors of success in college and often 
erect unfair barriers to many students of color and/or 
students from low-income families without relation to 
their ability to succeed in post secondary educational 
settings; and 

Whereas, Using standardized test as a criteria for 
making critical educational or other decisions has been 
shown by national testing experts, test publishers and 
others to be in violation of national standards for proper 
test use and to result in several negative outcomes for 
students at all educational levels; and 

Whereas, MCAS scores have been shown to most 
strongly correlate with the socio-economic factors of 
communities surrounding schools, and therefore using 
such scores for college admissions decisions or employ- 
ment will unfairly disadvantage students from schools 
and communities like Boston and Boston Public 
Schools that lack suiTicient resources to provide all stu- 
dents with experiences and opportunities necessary to 
reach high standards; and 

Whereas, Several assessments and indicators, have 
shown that the Boston public school system has been 
unable to provide all students attending K-12 schools 
with the educational opportunities, skills, knowledge 
and experience needed to reach high standards; and 

Whereas, Requiring Massachusetts public school stu- 
dents to show their MCAS results on transcripts will 
unfairly advantage students who are exempt from taking 
or showing MCAS results, such as those attending in 
parochial, private or out-of-state schools. 

Whereas, The current MCAS English and math 
exams are administered to students in the 10th grade 
prior to many important academic, extra curricular and 
other experiences that students attain in the 11th and 
12th grades, such exam results will not fairly or accu- 
rately reflect student ability or competency attained by 
the end of 12th grade; Therefore be it 

Resolved, That the Boston City Council respectfully 
requests the State Board of Education to vote against the 
proposed amendments to 603 CMR 23.00, Student 
Records Regulations, that would require that a student's 
franscript includes the highest performance level the 
student achieved on all MCAS tests. 

Referred to the Committee on Education and 
School Matters. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $244,837 TO PROVIDE FUNDING IN PUB- 
LIC HEALTH COMMISSION FOR COLLEC- 
TIVE BARGAINING SETTLEMENT WITH 
SENA, LOCAL 9158 (DOCKET NO. 0240) 

Councilor ROSS called Docket No. 0240 from the 
Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 
On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ATION OF $244,837 TO COVER COST IN 
PUBLIC HEALTH COMMISSION OF COL- 
LECTIVE BARGAINING AGREEMENT WITH 
SENA, LOCAL 9158 (DOCKET NO. 0241) 

Councilor ROSS called Docket No. 0241 from the 
Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 
On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR 
RESERVE FOR COLLECTIVE BARGAINING 
BY $214,825 TO PROVIDE FUNDING IN 
DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT FOR COLLECTIVE BAR- 
GAINING SETTLEMENT WITH SENA, 
LOCAL 9158-E (DOCKET NO. 0242) 

Councilor ROSS called Docket No. 0242 from the 
Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 
On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $214,825 TO COVER COST IN 
DEPARTMENT OF NEIGHBORHOOD 
DEVELOPMENT OF COLLECTIVE BAR- 
GAINING AGREEMENT WITH SENA, 
LOCAL 9158-E (DOCKET NO. 0243) 

Councilor ROSS called Docket No. 0243 from the 
Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 
On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF CONSTABLES AUTHORIZED TO 
SERVE CIVIL PROCESS UPON FILING OF 
BOND FOR TERM EXPIRING APRIL 30, 2002 
(DOCKET NO. 0145) 

Councilor FEENEY called Docket No. 0145 from the 
Committee on Government Operations. 

Hearing no objection, the matter was before the body. 
On motion of Councilor FEENEY, the rules were sus- 
pended; the order was passed. 



RESOLUTION NOTIFYING SCHOOL COMMITTEE 
AND SUPERINTENDENT THAT CITY COUN- 
CIL BELIEVES ADVOCACY GROUPS 
SHOULD CONTINUE TO BE FUNDED BY 
SCHOOL DEPARTMENT (DOCKET NO. 0258) 

Councilor MURPHY called Docket No. 0258 from 
the Committee on Education and School Matters. 

Hearing no objection, the matter was before the body. 
On motion of Councilor MURPHY, the rules were 
suspended; the resolution was adopted. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 



STATEMENT OF PRESIDENT FLAHERTY 

President Flaherty introduced an Irish gentleman 
from the Local Government Program from the Irish 
Institute of Boston College. 



FEBRUARY 27, 2002 



51 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 5 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING TO INVESTIGATE DAN- 
GEROUS TREND IN LOSS OF YOUNG LIVES 
IN BOSTON (DOCKET NO. 0328) 

Councilors YANCEY, TURNER and ROACHE 
offered the following: 

Whereas, According to recent media reports there 
exists great racial disparity in the incidence of Infant 
Mortality in the City of Boston, and 

Whereas, Black babies died at a rate more than four 
times higher than white babies, and 

Whereas, The overall infant mortality in 
Massachusetts has reached a new low, the Boston Globe 
reports that Black infants in the City of Boston died at a 
rate of 13.6 per 1,000 births, the highest since 1993, and 

Whereas, White babies had a mortality rate of 2.8 per 
1,000 births, and 

Whereas, This disparity is unacceptable in the City of 
Boston which is the home of the most prestigious med- 
ical institutions in the world, and 

Whereas, While there was a steady decline in the 
infant mortality rate for Black babies between 1993 and 
1995, the rate increased significantly between 1996 and 
2000. Now therefore be it 

Ordered, That the Boston City Council hold hearings 
to investigate this dangerous trend in the loss of young 
lives in Boston, and Be It Further 

Ordered, That the Boston Public Health Commission, 
representatives of local hospitals, health professionals, 
and the public be invited to testify. 

Referred to the Committee on Public Health. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0329) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday, March 2, 2001, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, May 24, 
2002: 

James R. Coen, Secretary, $550.00, fiill time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0330) 

Councilor FLAHERTY offered the following: 

Ordered. That effective Saturday, March 23, 2001, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 14, 
2002: 

E. Joseph O'Keefe, Secretary, $170.00, part time. 

Passed under suspension of the rules. 



033!) 

Councilors TURNER, FLAHERTY, FEENEY, 
ROACHE and SCAPICCHIO offered the following: 

Whereas, In the last year there have been two attacks 
on teachers by parents 

Whereas, These attacks suggest an absence of a secu- 
rity system relating to visits of non-school personnel 
during the school day 

Whereas, The lack of a security system can continue 
to endanger students and school personnel, THERE- 
FORE BE IT: 

Ordered, The appropriate committee of the city coun- 
cil convenes a hearing to discuss with the superintendent 
of schools the issue of security relating to visits by par- 
ents and others during school hours 

Referred to the Committee on Education and 
School Matters. 



Councilor SCAPICCHIO in the Chair 



ORDER THAT CITY COUNCIL AGREE TO WAFVE 
120-DAY NOTICE PERIOD AS REQUIRED BY 
SECTION 401 OF GENERAL LAWS IN CON- 
JUNCTION WITH COMMONWEALTH'S 
INTEREST IN ACQUIRING CONSERVATION 
EASEMENT OVER APPROXIMATELY 138 
ACRES OF LAND BY DEPARTMENT OF 
ENVIRONMENTAL MANAGEMENT 

(DOCKET NO. 0332) 

Councilor FLAHERTY offered the following: 

Whereas, The Commonwealth of Massachusetts (the 
"Commonwealth"), through its Executive Office of 
Environmental Affairs, Department of Environmental 
Management ("DEM"), has indicated its desire to 
acquire a conservation easement over approximately 
138 acres of land on Thompson island, a 157-acre 
Boston Harbor island; and 

Whereas, The land is currently being used for educa- 
tional purposes and, according to DEM, would be used 
for both educational and conservation purposes if 
acquired by the Commonwealth; and 

Whereas, DEM also desires that the 120-day notifica- 
tion requirement of Massachusetts General Laws, 
Chapter 7, Section 401, be shortened by the assent of the 
Mayor of Boston and the Boston City Council; and 

Whereas, DEM is required, under Massachusetts 
General Laws, Chapter 7, sections 40H and 401, to make 
notice of the aforesaid to the Mayor of Boston and the 
Boston City Council; then therefore be it hereby 

Ordered, That, pursuant to Massachusetts General 
Laws, Chapter 7, Section 401, the Boston City Council 
hereby agrees to waive the 120-day notice period as 
required by said Section 401 of the General Laws, in 
conjunction with the Commonwealth's interest in 
acquiring a conservation easement over approximately 
138 acres of land, as described above, by the 
Department of Environmental Management. 

On motion of Councilor FLAHERTY, the rules were 
suspended; the order was passed. 



President FLAHERTY in the Chair. 



ORDER FOR HEARING TO DISCUSS WITH 
SUPERINTENDENT ISSUE OF SECURITY 
ON VISITS BY PARENTS AND OTHERS 
DURING SCHOOL HOURS (DOCKET NO. 



CONSENT AGENDA 

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

Councilor Feeney: Congratulating Frank "Bud" and 



52 



CITY COUNCIL 



Meredith Wilmath (Docket No. 0300). 

Councilor Honan: Congratulating Goon Shee 
Association (Docket No. 0301). 

Councilor Scapicchio: Congratulating East Boston 
National Little League (Docket No. 0302). 

Councilor Kelly: Congratulating Lithuanian Council 
of Greater Boston (Docket No. 0303). 

Councilor Roache: Congratulating Ronald L. Shea 
(Docket No. 0304). 

Congratulating Officer Paul Wosny (Docket No. 
0305). 

Councilor Turner: Congratulating Thomas M. 
Simmons, J.D. (Docket No. 0306). 

Councilor Yancey: Congratulating Bishop Gilbert 
Thompson (Docket No. 0307). 

Congratulating Benjamin Health Care Center 
(Docket No. 0308). 

Congratulating Andrew Parker Downing (Docket No. 
0309). 

Congratulating Dorchester Historical Society 
(Docket No. 0310). 

Congratulating Robert Hay den (Docket No. 03 11). 

Congratulating Roxbury Comprehensive Health 
Center (Docket No. 0312). 

Congratulating Friends of Franklin Park Zoo (Docket 
No. 0313). 

Congratulating Carter Post in Mattapan (Docket No. 
0314). 

Congratulating Roger Harris (Docket No. 0315). 

Congratulating Tom Farrington (Docket No. 0316). 

Congratulating Dimock Community Health Center 
(Docket No. 0317). 

Congratulating Phillis Wheatley School (Docket No. 
0318). 

Congratulating Dr. Randolph W. Bromery (Docket 
No. 0319). 

Councilors Yancey and Turner: Declaring March 5, 
2002 "Crispus Attucks Day" (Docket No. 0320). 

Councilor Roache: Congratulating Frances Caprio 
(Docket No. 0321). 

Councilors Yancey and Turner: Declaring March 16- 
17, 2002 "Reverend Dr. Ozzie L. Edwards Weekend" 
(Docket No. 0322). 

Councilor Tobin: Congratulating T.J. Bunnell (Docket 
No. 0323). 

Congratulating Tom Bourque (Docket No. 0324). 

Congratulating Andrew Granger (Docket No. 0325). 

Congratulating Jacquelyn Bunnell (Docket No. 
0326). 

Councilor Ross: Congratulating Fenway High School 
Boys Basketball Team (Docket No. 0327). 

The Chair stated that in the absence of objection, one 
late-fled matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 

Councilors Yancey and Turner: Recognizing Kwaku 
Zulu Jackson (Docket No. 0333). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 2:20 p.m. on motion of President 
Flaherty and in memory of Anna Roache Sullivan to 
meet again on Wednesday, March 6, 2002 at 12:30 p.m. 



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



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so. Councilor 
FEENEY asked that when we adjourn today, we do so in 
memory of 89 years young Anna Roache Sullivan who 
was an asset to her community. 



STATEMENT OF COUNCILOR SCAPICCHIO 



Having unanimous consent to do so. Councilor 
SCAPICCHIO wanted to congratulate John "Jack" Hart 
who was sworn in today as the newest Senator in the 
State House. 



!; 



^ 



CITY COUNCIL 



53 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, March 6, 2002 
Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:40 p.m., President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Reverend John Borders, Morning Star Baptist 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $295,960 FROM 
MASSACHUSETTS CULTURAL COUNCIL 
(DOCKET NO. 0334) 

The following was received: 

City of Boston 
Office of the Mayor 

February 28, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the City of Boston to accept and expend the 
Massachusetts Cultural Council Matching Incentive 
Grant in an amount not to exceed $295,960.00. 

I urge your Honorable Body to pass this order at its 
earliest convenience so that the Office of Cultural 
Affairs may use these funds for the purpose for which 
they were awarded. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the Mayor, acting on behalf of the City 
of Boston, be and hereby is authorized to accept and 
expend a Grant of $295,960, pursuant to G.L., Chapter 
44 Section 5 3 A, from the Massachusetts Cultural 
Council, to be expended by the Office of Cultural 
Affairs. 

Referred to the Committee on Arts, Humanities 
and Tourism. 



ORDER AUTHORIZING COMMISSIONER OF 
PARKS AND RECREATION DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$250,000 FROM EXECUTIVE OFFICE OF 
ENVIRONMENTAL AFFAIRS TO PROVIDE 
FUNDING FOR PARK IMPROVEMENTS AT 
ORCHARD PARK, ROXBURY (DOCKET NO. 
0335) 

The following was received: 

City of Boston 
Office of the Mayor 

February 15, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston to accept and expend financial 
assistance from the Massachusetts Executive Office of 
Environmental Affairs under the Urban Self-help 
Program in an amount not to exceed $250,000.00. This 
grant will be administered by the Division of 
Conservation Services in the Executive Office of 
Environmental Affairs. 



Through the grant, the Boston Parks and Recreation 
Department proposes to renovate Orchard Park, 
Roxbury. The $250,000.00 grant will match funds 
already allocated to these projects from the City of 
Boston Capital Improvements Program. The Orchard 
Park improvements will address a critical need to pro- 
vide new and improved park facilities for children and 
youth in the central Boston region. Improvements will 
include a new tennis court, and a state of the art play 
area for pre-school and school age children, as well as a 
renovated softball field and a general park upgrade. 

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

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to the provisions of G.L. c.44. 
Sec. 53A, the City of Boston, acting by through the 
Commissioner of the Parks and Recreation Department, 
be, and the same hereby is, authorized to project entitled 
"Improvements to Orchard Park, Roxbury" in an 
amount not to exceed two hundred and fifty thousand 
dollars ($250,000). 

Referred to the Committee on City and 
Neighborhood Services. 



ORDER AUTHORIZING COMMISSIONER OF 
PARKS AND RECREATION DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$500,000 TO PROVIDE FUNDING FOR PARK 
IMPROVEMENTS AT MISSION HILL PLAY- 
GROUND AND RAMSAY PARK (DOCKET 
NO. 0336) 

The following was received: 

City of Boston 
Office of the Mayor 

February 15, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston to accept and expend financial 
assistance from the United States Department of the 
Interior under the Urban Park and Recovery (UPARR) 
Program in an amount not to exceed $500,000. This 
grant will be administered by the Northeast Region 
Office of the National Park Service. 

Through the grant, the Boston Parks and Recreation 
Department proposes to renovate Mission Hill 
Playground in Jamaica Plain and Ramsay Park in 
Roxbury. The $500,000 grant will match funds already 
allocated to these projects from the City of Boston 
Capital Improvement Program, and will address critical 
needs for park improvements to serve children and 
youth in the cenfral Boston region. 

The Mission Hill improvements will include a new 
playground with age appropriate play equipment and 
water features for pre-school and school-age children, 
and a passive shaded seating area. The Ramsay Park 
improvements will include a new age appropriate play- 
ground, fencing and general landscape upgrades. 

1 urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to the provisions of G.L. c. 
Sec 44, Sec 53A the City of Boston, acting by and 
through the Commissioner of the Parks and Recreation, 
be and the same hereby, is, authorized to accept and 
expend grants to be awarded for the purposes of the cap- 
ital projects entitled "Improvements to Mission Hill 
Playground Jamaica Plain" and "lmpro\cments to 
Ramsay Park, Roxbury" in an amount not to exceed five 
hundred thousand dollars ($500,000.00). 

Referred to the Committee on City and 
Neighborhood Services. 



54 



CITY COUNCIL 



ORDER AUTHORIZING CITY TO ACCEPT FUNDS 
FROM WILL OF ANTHONY P. WILLIAMSON 
TO BE EXPENDED TO SUPPORT CHARITA- 
BLE ORGANIZATIONS LOCATED IN CITY 
(DOCKET NO. 0337) 

The following was received: 

City of Boston 
Office of the Mayor 

March 5, 2002 
To the City Council. 
Dear Councillors: 

1 transmit herewith for your approval an order autho- 
rizing the City of Boston, acting by and through its 
Collector-Treasurer, to accept fiinds from the Will of 
Anthony P. Williamson, a longtime resident of Boston. 
Under Item 5.1(f) of the Will of Anthony R 
Williamson, deceased August 16, 1998, "I give, devise 
and bequeath. ..$2,000 to the City of Boston, 
Massachusetts, for the wonderful services provided 
when I was living there;...". 

Approval of the City Council is necessary for the 
City, acting by and through its Collector- Treasurer, to 
accept said fimds. 

I urge your Honorable Body to pass the attached 
Order as expeditiously as possible in order that said 
funds may be expended in accordance with Mr. 
Williamson's bequest. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



Whereas, Anthony P. Williamson, deceased August 
16, 1998, bequested under Item 5.1 (f) of his Will 
(proved September 4, 1998) $2,000.00 to the City of 
Boston, Massachusetts...; and 

Whereas, The City of Boston Code, Ordinances, 
Chapter VI Section 3.11 authorizes the Collector- 
Treasurer of the City of Boston to receive all properties 
bequested to the City for any specific purpose and to use 
the same or income thereof as designated; now, there- 
fore, be it 

Ordered, That pursuant to Section 53 A of Chapter 44 
of the Massachusetts General Laws the sum of 
$2,000.00 be and hereby is generally accepted from the 
Will of Anthony P. Williamson, the same to be held by 
the Collector- Treasurer, the charitable bequest to be 
expended to support the charitable works and/or pur- 
poses for charitable organizations located in the City of 
Boston. 

On motion of Councilor SCAPICCHIO, the rules 
were suspended; the order was passed. 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
BONDS IN PRINCIPAL AMOUNT OF 
$48,000,000 FROM BOSTON INDUSTRIAL 
DEVELOPMENT FINANCING AUTHORITY 
(BIDFA) TO FINANCE HOTEL AND PARKING 
GARAGE WITH ACCESSORY RETAIL, 
RESTAURANT AND COMMERCIAL SPACE 
AT 20 HAMPDEN STREET (ROXBURY) TO 
BE OWNED BY CROSSTOWN CENTER 
HOTEL LLC, AFFILIATE OF CROSSTOWN 
ASSOCIATES LLC (DOCKET NO. 0338) 

The following was received: 

City of Boston 
Office of the Mayor 

February 20, 2001 
To the City Council. 
Dear Councillors: 

1 transmit herewith for your approval an order to 
approve the issuance of a tax-exempt bond(s) in a prin- 
cipal amount not to exceed $48,000,000. The Boston 
Industrial Development Financing Authority (BlDFA)'s 
Board of Directors, acting pursuant to the provisions of 



Chapter 40D of the Massachusetts General Laws, as 
amended, adopted a favorable resolution with respect to 
financing a hotel and parking garage, with accessory 
retail, restaurant and commercial space to be owned by 
Crosstown Center Hotel LLC, an affiliate of 
CROSSTOWN ASSOCIATES, LLC. 

It is proposed that the City approve the project to be 
located on an approximately 6.7 acre site at 20 
Hampden Street, Boston (Roxbury), Massachusetts 
021 19 and consisting generally of (a) the construction of 
a 175-room, approximately 96,500 square foot hotel, 
with approximately 11,500 square feet of accessory 
retail, restaurant and commercial space and (b) the con- 
struction of a 650-space, approximately 195,750 square 
foot parking garage with approximately 10,000 square 
feet of retail space on the ground level below such 
garage and (c) the funding of a debt service reserve fund 
with respect to the bonds(s) and (d) authorize the 
financing of costs of issuance by BIDFA. 

I urge your Honorable Body to pass this order as 
expeditiously as possible so that this important project 
may proceed as described. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



BE IT ORDERED THAT: 

Section I. Declarations. The City of Boston (the 
"City") declares as follows: 

1.1. The City acting by and through its industrial 
Development Financing Authority (the "Authority") is 
empowered to assist in the financing of industrial devel- 
opment facilities through the issuance of industrial rev- 
enue bonds pursuant to Massachusetts General Laws 
Chapter 40D, as amended (the "Act"). 

1.2. Crosstown Associates, LLC (the "Borrower"), 
which term includes in this resolution any parent, sub- 
sidiary or other affiliate thereof) has proposed the 
financing by the City of certain industrial development 
facilities (the "Project") consisting generally of (a) an 
approximately 175-room hotel and approximately 
1 1 ,500 square feet of accessory retail, restaurant and 
commercial space and (b) the construction of a 650- 
space parking garage and approximately 10,000 square 
feet of retail space on the ground level below such 
garage, all to be located at the intersection of 
Massachusetts Avenue, Albany Street and Melnea Cass 
Boulevard in Roxbury and to be owned by Crosstown 
Center Hotel LLC, an affiliate of Crosstown Associates 
LLC. 

1.3. The Borrower has represented that the estimated 
cost of the Project is approximately $62,000,000 and has 
requested the City to issue not more than $48,000,000 of 
industrial revenue bonds under the Act to finance the 
Project. 

1.4. The Borrower has indicated its willingness to 
finance amy costs of the Project in excess of 
$48,000,000, 

1.5. The Authority has approved the Project and the 
estimated cost thereof and has recommended that the 
City finance the Project by bonds issued pursuant to the 
Act. 

1 .6. The financing of the Project under the provisions 
of the Act appears feasible. 

1.7. A public hearing relating to the proposed 
issuance of industrial revenue bonds will be held on 
March 5, 2002, pursuant to a notice published in the 
Boston Globe on February 19, 2002. 

Section 2. Approval. In accordance with Section 
12(1) of the Act the City approves the Project, the esti- 
mated cost thereof and the financing thereof by indus- 
trial revenue bonds to be issued by the City pursuant to 
the Act. Such bonds shall not constitute a general oblig- 
ation of the City or the Authority nor a pledge of the 
faith and credit of the City or the Authority but shall be 
payable solely fi-om the revenues pledged for their pay- 



MARCH 6, 2002 



55 



ment in accordance with the Act. 

Section 3. Effective Date. This Order shall take effect 
upon passage. 

Referred to the Committee on Planning and 
Economic Development. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "APPLICATION FOR THE 
SOUTH BOSTON WATERFRONT HOTEL 
CHAPTER 121 A PROJECT" (DOCKET NO. 
0339) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

March 4, 2002 
To the City Council. 
Dear Councilors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
February 27, 2002: 

"Application for the South Boston Waterfront Hotel 
Chapter 121 A Project". 

Very truly yours, 

Rosario Salerno, 

City Clerk. 

Referred to the Committee on Planning and 
Economic Development. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "AMENDED AND 
RESTATED CONTRACT BETWEEN MED- 
ICAL AREA TOTAL ENERGY PLANT, INC. 
AND CITY OF BOSTON PURSUANT TO SEC- 
TION 6 A OF CHAPTER 121 A OF THE 
MASSACHUSETTS GENERAL LAWS" 
(DOCKET NO. 0340) 

The following was received: 

City of Boston 
Oifice ofthe City Clerk 

March 4, 2002 
To the City Council. 
Dear Councilors: 

In compliance with the order passed by your 
Honorable Body December 6, 1976, this is to inform 
you that the following was filed by the Boston 
Redevelopment Authority with the City Clerk on 
February 26, 2002: 

"Amended and Restated Contract between Medical 
Area Total Energy Plant, Inc. and the City of Boston 
pursuant to Section 6 A of Chapter 121 A of the 
Massachusetts General Laws". 

Very truly yours, 

Rosario Salerno, 

City Clerk. 

Placed on file. 



APPROVAL OF CONSTABLE BOND 
(DOCKET NO. 0341) 

The Constable Bond of Chester Inez, having been 
duly approved by the Collector-Treasurer, was received 
and approved. 



REPORT ON ORDINANCE AMENDING SALARY 
CATEGORIES FOR CERTAIN OFFICES 
(DOCKET NO. 0214) 



Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0214, ordinance amending 
salary categories for certain offices (referred February 
6) - recommending the order be placed on file. 

Councilor YANCEY moved that the ordinance be laid 
on the table. 

Motion did not prevail; yeas - 3, nays - 9: 

Yeas - Councilors Kelly, Turner, Yancey- 3. 

Nays - Councilors Feeney, Flaherty, Hennigan, 
Honan, Murphy, Roache, Ross, Scapicchio, Tobin, - 9. 

The report was accepted; the ordinance was placed 
on file. 



REPORT ON ORDER AUTHORIZING CITY TO 
ACCEPT AND EXPEND GRANT OF $15,000 
FROM MASSACHUSETTS CULTURAL 
COUNCIL MATCHING INCENTTVE TO BE 
EXPENDED BY OFFICE OF CULTURAL 
AFFAIRS (DOCKET NO. 0283) 

Councilor TOBIN, on behalf of the Committee on 
Arts and Humanities and Tourism, submitted the fol- 
lowing: 

Report on Docket No. 0283, message of the Mayor 
and order authorizing the City to accept and expend a 
grant of $15,000 from the Massachusetts Cultural 
Council Matching Incentive to be expended by the 
Office of Cultural Affairs (referred February 27) - 
recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO 
ACCEPT AND EXPEND GRANT OF $125,000 
FROM DEPARTMENT OF ECONOMIC 
DEVELOPMENT/MASSACHUSETTS OFFICE 
OF TRAVEL AND TOURISM TO BE 
EXPENDED BY OFFICE OF CULTURAL 
AFFAIRS (DOCKET NO. 0284) 

Councilor TOBIN, on behalf of the Committee on 
Arts and Humanities and Tourism, submitted the fol- 
lowing: 

Report on Docket No. 0284, message of the Mayor 
and order authorizing the City to accept and expend a 
grant of $125,000 from the Department of Economic 
Development/Massachusetts Office of Travel and 
Tourism to be expended by the OiTice of Cultural 
Affairs (referred February 27) - recommending passage 
of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO 
ACCEPT AND EXPEND MASSACHUSETTS 
CULTURAL COUNCIL ORGANIZATIONAL 
SUPPORT GRANT OF $5,560 TO BE 
EXPENDED BY OFFICE OF CULTURAL 
AFFAIRS (DOCKET NO. 0285) 

Councilor TOBIN, on behalf of the Committee on 
Arts and Humanities and Tourism, submitted the fol- 
lowing: 

Report on Docket No. 0285, message of the Mayor 
and order authorizing the City to accept and expend a 
Massachusetts Cultural Council Organizational Support 
grant of $5,560 to be expended by the Office of Cultural 
Affairs (referred February 27) - recommending passage 
of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING ISSUANCE OF 
TAX-EXEMPT BONDS IN PRINCIPAL 
AMOUNT NOT TO EXCEED $3,700,000 
FROM BOSTON INDUSTRIAL DEVELOP- 



56 



CITY COUNCIL 



MENT FINANCING AUTHORITY (BIDFA) 
FOR PROJECT OF ACME BOOKBINDING 
COMPANY, INC. (DOCKET NO. 0282) 

Councilor HONAN, on behalf of the Committee on 
Planning and Economic Development, submitted the 
following: 

Report on Docket No. 0282 message of the Mayor 
and order approving the issuance of tax-exempt bonds in 
a principal amount not to exceed $3,700,000 from 
Boston Industrial Development Financing Authority 
(BIDFA) for a project of Acme Bookbinding Company, 
Inc. (referred February 27) - recommending the passage 
of the order. 

The report was accepted; the order was passed. 



ORDER FOR HEARINGS TO REVIEW BOSTON 
REDEVELOPMENT AUTHORITY'S CON- 
TRACT COMPLIANCE UNIT TO OVERSEE 
IMPLEMENTATION OF MINORITY AND 
WOMEN'S BUSINESS ENTERPRISE PRO- 
GRAM AND BOSTON JOBS POLICY ON 
DEVELOPMENTS UNDER ITS JURISDIC- 
TION DURING CALENDAR YEAR 2001 
(DOCKET NO. 0342) 

Councilor TURNER offered the following: 

Whereas, The Boston Redevelopment Authority 
(BRA) has a contract compliance unit to oversee the 
implementation of the Minority and Women's Business 
Enterprise Program (MWBE) and the Boston Jobs 
Policy (BJP) on developments under its jurisdiction; and 

Whereas, There has been no review of the work of 
this unit by the City Council for at least the last two 
years; and 

Whereas, These programs play a significant part in 
assuring a flow of dollars to Boston residents. Therefore 
belt 

Ordered, That the appropriate committee of the City 
Council hold a hearing at City Hall to review with the 
Director and staff of the BRA's contract compliance unit 
the implementation of the MWBE program and Boston 
Jobs Policy on developments under the BRA's jurisdic- 
tion during calendar year, 2001. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER FOR HEARINGS TO REVIEW WITH BRA 
AND DND OFFICIALS AND RESIDENTS 
PROGRESS ON EACH OF THE DEVELOP- 
MENT PARCELS IN THE AREA SURROUND- 
ING DUDLEY SQUARE (DOCKET NO. 0343) 

Councilors TURNER, HENNIGAN, HONAN, 
YANCEY, ROACHE, ROSS and FLAHERTY offered 
the following: 

Whereas, There are at least six Boston 
Redevelopment Authority and Department of 
Neighborhood Development Projects under discussion 
in the area surrounding Dudley Square; and 

Whereas, At least three of these developments have 
been under discussion for at least five years; and 

Whereas,, There is significant concern in the commu- 
nity regarding the future of these developments since 
there have been no public discussions regarding their 
progress for at least the last two years; and 

Whereas, The request by Dudley Main Streets to 
establish a planning committee, including local organi- 
zations has not yet been implemented; and 

Whereas, In order to maintain public support for the 
development process, it is essential to maintain a flow of 
information with the citizens of the area. Therefore, be 



Ordered, That a series of hearings be convened within 
the Dudley Square area by the appropriate City Council 
Committee to review with BRA and DND officials and 
neighborhood residents the progress on each of the 
development parcels in the area under its jurisdiction; 
and be it 

Ordered, That these hearings end with the develop- 
ment of a planning committee, including representatives 
of local organizations and businesses to oversee the 
development of these parcels. 

Referred to the Committee on Planning and 
Economic Development. 



PRESENTATION BY COUNCILOR YANCEY 

Councilor YANCEY presented a resolution to Alexis 
Herman, Secretary of Labor under the Clinton 
Administration who was here in Boston to give a lecture 
at Harvard University. 



ORDER FOR HEARING TO OBTAIN CITIZEN 
INPUT ON BUDGET PRIORITIES AND CER- 
TAIN OFFICIALS ATTEND TO ANSWER 
QUESTIONS (DOCKET NO. 0344) 

Councilor ROSS offered the following: 

Whereas, The Ways & Means Committee plans to 
hold pre-budget hearings in different neighborhoods 
throughout the city; and 

Whereas, These public, community hearings will pro- 
vide residents an opportunity to present their budgetary 
priorities for this year's budget process prior to the 
release of the budget on April 10. 

Whereas, Through an open and inclusive process, the 
public will have a better understanding of the budget 
process and the Ways & Means Committee can better 
focus the city's resources to meet the expectations of 
city residents. Now Therefore Be It 

Ordered, That the Boston City Council conduct hear- 
ings throughout the City prior to April 1 0th to obtain cit- 
izen input on budget priorities, and that the appropriate 
City personnel attend these hearings to answer questions 
posed by residents at these hearings. 

Referred to the Committee on Ways and Means. 



APPOINTMENT OF TEMPORARY EMPLO'^E 
(DOCKET NO. 0345) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday, March 9, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, May 24, 
2002: 

Cheryl M. Rankin, Receptionist, $673.08, full time. 

Passed under suspension of the rules. 



ORDER FOR SPECIAL PRELIMINARY ELECTION 
FOR DISTRICT FIVE CITY COUNCILOR IS 
HEREBY SET AS MAY 7, 2002 AND SPECIAL 
ELECTION IS HEREBY SET AS JUNE 4, 2002 
(DOCKET NO. 0346) 

Coimcilor FLAHERTY offered the following: 

Whereas, Pursuant to Chapter 452 of the Acts of 
1948, as amended (the "Charter"), Section 15 A, the city 
clerk did on February 27, 2002, notify the city council 
of a vacancy in the office of district five city councillor 
in the City of Boston; and 



MARCH 6, 2002 



57 



Whereas, Pursuant to said Section 15A of the Charter, 
the city council shall at the first city council meeting 
occurring after such notification, forthwith adopt an 
order calling a special preliminary election for the pur- 
pose of nominating a district city councillor for the 
unexpired term of said vacancy; and 

Whereas, Pursuant to said Section 15A of the 
Charter, the special municipal election for the purpose 
of electing a district city councillor for the unexpired 
term of said vacancy shall be held twenty-eight days fol- 
lowing the special preliminary election; then be it 
hereby 

Ordered, That the date of the special preliminary elec- 
tion for district five city councillor is hereby set as May 
7, 2002, and be it further 

Ordered, That the date of the special election for dis- 
trict five city councillor is hereby set as June 4, 2002. 

On motion of Councilor SCAPICCHIO, the rules 
were suspended; the order was passed. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: PROPERTY, EXCISE AND WATER 
AND SEWER EXEMPTIONS FOR ARMED 
FORCES OF COMMONWEALTH IN ACTIVE 
SERVICE (DOCKET NO. 0347) 

Councilors TOBIN, SCAPICCHIO, ROACHE, 
MURPHY, FEENEY, HENNIGAN, HONAN, 
YANCEY, TURNER, FLAHERTY and 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 (I) 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 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: PROPERTY, 
EXCISE AND WATER AND SEWER EXEMPTIONS 
FOR THE ARMED FORCES OF THE COMMON- 
WEALTH m ACTIVE SERVICE 

Section 1 . Notwithstanding Section 5 of Chapter 59 
of the General Laws, or any general or special law to the 
contrary, real property situated in the City of Boston 
which is owned and occupied by a member of the armed 
forces of the Commonwealth, as defined in Section 1 
of Chapter 33, ordered to active service in connection 
with "Operation Enduring Freedom" shall be exempt 
from taxation under Chapter 59 of the General Laws for 
the duration of such service. 

Section 2. Notwithstanding Section 1 of Chapter 60A 
of the General Laws, or any general or specific law to 
the contrary, motor vehicles and trailers garaged in the 
City of Boston that are registered and owned by a mem- 
ber of the armed forces of the Commonwealth ordered 
to active service in connection with "Operation 
Enduring Freedom" shall not be subject to the excise 
imposed by Chapter 60A of the General Laws for the 
duration of such service. 

Section 3. Notwithstanding Section 39L of Chapter 
40 of the General Laws or any general or specific law 
to the contrary, the Boston Water and Sewer 
Commission shall not impose any fees or charges for 
water or sewage service furnished to residential real 
property owned and occupied by a member of the armed 
forces of the Commonwealth who has been ordered to 
active service in connection with "Operation Enduring 
Freedom" for the duration of such service. 

Section 4. The section shall take effect on January 1, 
2002. 

Referred to the Committee on Government 
Operations. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 3 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING RE: INMATES 
(DOCKET NO. 0361) 

Councilor HONAN offered the following: 

Whereas, Governor Jane Swift has announced the 
closing of three minimum- and medium-security prisons 
in Lancaster, Shirley and Bridgewater, effective July 1, 
due to budget cuts; and 

Whereas, The Shirley and Lancaster facilities are 
minimum-security prisons, holding about 300 mostly 
non-violent offenders convicted of crimes such as first- 
time drug offenses, drunken driving and white-collar 
crimes; and 

Whereas, The Southeastern Correctional Center in 
Bridgewater, a medium-security prison holding about 
600 inmates, contains the Bridgewater Addiction 
Center, which is the state's main detoxification unit for 
alcohol and drug addictions; and 

Whereas, Some 900 inmates will be pushed into jails 
that the Department of Corrections admits are already 
about 128 percent over capacity; and 

Whereas, Inmates could be released early due to over- 
crowding and potentially dangerous criminals, who have 
not received adequate reintegration services such as job 
training and drug treatment, could be put back on the 
streets; and 

Whereas, This poses a serious public safety concern 
for residents of Boston; Therefore Be it 

Ordered, That the appropriate committee of the 
Boston City Council hold a hearing to review this mat- 
ter, inviting public safety organizations and the public to 
testify before the Committee. 

Referred to the Committee on Public Safety. 



REPORT ON ORDER FOR HEARING ON DIRECT 
CONTRACTED SERVICE BETWEEN MASS- 
PORT AND COSCO (DOCKET NO. 0106) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on order for hearing on direct contracted ser- 
vice between Massport and Cosco (referred January 7) - 
recommending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO INVESTI- 
GATE PROGRESS IN UPGRADING OUR 
PORT'S SECURITY AND REQUESTING 
MASSPORT TO DELAY COMMENCEMENT 
OF COSCO CONTRACT (DOCKET NO. 0277) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on order for hearing to investigate the progress 
in upgrading our port's security and requesting 
Massport to delay commencement of the Cosco contract 
(referred February 13) - recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



58 



CITY COUNCIL 



RESOLUTION RE: HAYWARD PLACE R\RCEL 
(DOCKET NO. 0362) 

Councilors HENNIGAN, KELLY, YANCEY, 
FEENEY, TURNER, ROACHE and TOBIN offered the 
following: 

Whereas, The Boston Redevelopment Authority 
("BRA") voted on April 12, 2001 ("Vote") to take by 
eminent domain 37,380 square feet of land, more or less, 
owned by the City of Boston and commonly known as 
and referred to by the BRA as the "Hayward Place 
Parcel"; and 

Whereas, The BRA executed an Order of Taking 
("Order of Taking") dated April 12, 2001, to take by 
eminent domain the Hayward Place Parcel; and 

Whereas, The BRA recorded the Vote on May 9, 2001 
in the Suffolk County Registry of Deeds Book 26298, 
Page 230; and 

Whereas, The BRA recorded the Order of Taking on 
May 9, 2001 in the Suffolk County Registry of Deeds 
Book 26298, Page 231; and 

Whereas, The Boston City Council, by Order dated 
May 9, 2001 (Docket #0595), resolved to question the 
legality of the taking on the grounds, including but not 
limited to, the doctrine that all eminent domain takings 
must be for a public purpose, in this case, the elimina- 
tion of blight; and 

Whereas, Although this property is subject to an 
urban renewal plan, it cannot be taken by eminent 
domain unless it is blighted at the time of taking; and 

Whereas, Parcels in the adjacent blocks, including the 
Ritz Carlton development, have greatly enhanced the 
value of the Hayward Place Parcel and made this vacant 
parcel, one of the last remaining in the area, one of the 
most valuable undeveloped parcels in the downtown 
area; and 

Whereas, The Boston City Council is responsible for 
the protection and proper disposition of City-owned 
land in order to maximize revenues to the City and 
assure that such land is utilized to meet the most impor- 
tant needs of Bostons residents; and 

Whereas, The Boston City Council has not had the 
opportunity to completely examine the propriety of the 
taking of the Hayward Place Parcel and has requested 
the opportunity to hold appropriate public hearings in 
order to carry out its responsibilities relative to public 
land in an effort to determine the appropriateness of the 
actions relating to the Hayward Place Parcel; 

Whereas, By document dated April 2001, the BRA 
made a Request for Proposals for the development of the 
Hayward Place Parcel; 

Whereas, It has been reported that the BRA received 
eight (8) proposals and has identified at least three (3) 
finalists who would compete to develop the Hayward 
Place Parcel. NOW, THEREFORE BE IT 

Resolved, That the Boston City Council, in meeting 
assembled, formally contests this taking and shall con- 
sider taking legal action in an appropriate Court of the 
Commonwealth as is necessary to contest and oppose 
the taking of the Hayward Place Parcel and any subse- 
quent disposition or use thereof 

Referred to the Committee on Planning and 
Economic Development. 



CONSENT AGENDA 

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

Councilor Roache: Congratulating Hurlburt D. 
Pagington (Docket No. 0348). 

Councilor Flaherty: Congratulating Fr. Peter Nolan 
(Docket No. 0349). 



Congratulating Sgt. Det. William J. Robertson 
(Docket No. 0350) 

Congratulating Lawrence H.G. Buechs, Jr. (Docket 
No. 0351). 

Councilor Kelly: Congratulating Francis "Pop" Lynch 
(Docket No. 0352). 

Councilors Ross and Hennigan: Congratulating Stella 
Trafford (Docket No. 0353). 

Councilor Ross: Thanking Paul Foster for his contri- 
bution of basketball uniforms to Fenway High School 
(Docket No. 0354) 

Congratulating Dawn Silvia (Docket No. 0355). 

Councilor Murphy: Congratulating Thomas G. 
Doherty (Docket No. 0356). 

Councilor Honan: Congratulating Ni Lun Welfare 
Association (Docket No. 0357). 

Congratulating Soo Yeun Benevolent Association 
(Docket No. 0358). 

Councilors Turner and Yancey: Congratulating 27 
persons graduating from the 1st Phase of the 
GRWA/Madison Park Technical Vocational Education 
Program (Docket No. 0359). 

Councilor Tobin: Congratulating 5 persons for their 
induction into the Boston Arts Academy National 
Honors Society (Docket No. 0360). 

The Chair stated that in the absence of objection, one 
late-fled matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 

Councilor Yancey: Honoring Alexis M. Herman 
(Docket No. 0363). 

The matters contained within the Consent Agenda 
were severally adopted. 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $200,000 
FROM FEDERAL EMERGENCY MANAGE- 
MENT AGENCY FOR PURCHASE OF 
PORTABLE RADIOS AND OTHER FIRE- 
FIGHTING EQUIPMENT (DOCKET NO. 01 1 1) 

Councilor SCAPICCHIO called Docket No. 0111 
from the Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor SCAPICCHIO, the order 
was passed. 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
YANCEY asked that when we adjourn today, we do so 
in memory of Russell Peters and Ula Lee Philips. 



STATEMENT OF PRESIDENT FLAHERTY 

Having unanimous consent to do so, Councilor FLA- 
HERTY, on behalf of himself and Councilor KELLY 
asked that when we adjourn today, we do so in memory 
of John "Bubbles" Boyle. 



Adjourned at 3:10 p.m. on motion of President 
Flaherty and in memory of Russell Peters, Ula Lee 
Philips and John "Bubbles" Boyle to meet again on 
Wednesday, March 13, 2002 at 2:30 p.m. 



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



i 



CITY COUNCIL 



59 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, March 13, 2002 
Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:40 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Bishop Gilbert Thompson, New Covenant Christian 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



NOTICE RECEIVED FROM MICHAEL K FLA- 
HERTY, CITY COUNCIL PRESIDENT, DESIG- 
NATING PAUL SCAPICCHIO TO BOSTON 
NEIGHBORHOOD HOUSING TRUST 
(DOCKET NO. 0364) 

Notice was received fi^om Michael F. Flaherty, City 
Council President, designating Paul Scapicchio to the 
Boston Neighborhood Housing Trust. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0365) 

Notice was received from the Mayor of his absence 
from the City on March 12, 2002, 
Placed on file. 



REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD DEVELOP- 
MENT TO EXPEND FYOl SHELTER PLUS 
CARE (S+C) GRANT OF $5,300,652 FROM 
U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) (DOCKET 
NO. 0245) 

Councilor HENNIGAN, on behalf of the Committee 
of Housing, submitted the following: 

Report on Docket No. 0245, message from the Mayor 
and order authorizing the Department of Neighborhood 
Development to expend a FYOl Shelter Plus Care (S+C) 
grant of $5,300,652 from the U.S. Department of 
Housing and Urban Development (HUD) (referred 
February 13) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON RESOLUTION RESPECTFULLY 
REQUESTING STATE BOARD OF EDUCA- 
TION TO VOTE AGAINST PROPOSED 
AMENDMENTS TO 603 CMR 23.00, STU- 
DENT RECORDS REGULATIONS, THAT 
WOULD REQUIRE THAT STUDENT'S TRAN- 
SCRIPT INCLUDES HIGHEST PERFOR- 
MANCE LEVEL STUDENT ACHIEVED ON 
ALL MCAS TESTS (DOCKET NO. 0299) 

Councilor MURPHY, on behalf of the Committee of 
Education and School Matters, submitted the following: 

Report on Docket No. 0299, resolution respectfully 
requesting the State Board of Education to vote against 
the proposed amendments to 603 CMR 23.00, Student 
Records Regulations, that would require that a student's 
transcript includes the highest performance level the 



student achieved on all MCAS tests (referred February 
27) - recommending the resolution be adopted. 

The report was accepted; the resolution was 
adopted. 

Later in the session Councilor KELLY requested to 
be recorded in the negative. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0366) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 14, 
2002: 

Elaine Gowdy, Administrative Asst., $576.92, 
full time. 

Dennis Orthman, Secretary, $682.68, full time. 

Passed under suspension of the rules. 



ORDER TO ADOPT G.L. C.59, S.59A (LOCAL 
AGREEMENTS FOR ABATEMENT OF OUT- 
STANDING INTEREST ON INDUSTRIAL 
SITES WHERE THERE HAS BEEN A 
RELEASE OF OIL OR HAZARDOUS MATER- 
IAL (DOCKET NO. 0367) 

Councilor YANCEY offered the following: 

Whereas, There are located within the City of Boston 
sites that are zoned for commercial or industrial use 
where there has been a release of oil or hazardous mate- 
rial; and 

Whereas, The cleanup and development of such sites 
will benefit the environment and economic development 
of the City of Boston; and 

Whereas, The City of Boston may be able to increase 
the likelihood of cleanup and development of such sites 
through the adoption of a local option statute as codified 
in Massachusetts General Laws Chapter 59, Section 
59A; Therefore be it 

Ordered, That the Boston City Council adopt G.L. c. 
59, s. 59A. 

Referred to the Committee on Government 
Operations. 



ORDINANCE REQUIRING POLICE OFFICERS TO 
WEAR BULLET PROOF VESTS (DOCKET 
NO. 0368) 

Councilors YANCEY, HONAN and TURNER offered 
the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REQUIRING POLICE OFFICERS 
TO WEAR BULLET-PROOF VESTS 

Whereas, On December 30, 1987, the Boston City- 
Council passed an Order establishing a policy that pro- 
vided every sworn member of the Boston Police 
Department with a so-called "bullet-proof" or bullet 
resistant safety vest free of charge; and 

Whereas, While this policy has encouraged Boston 
Police Officers to wear bullet-proof vests, thereby sav- 
ing many of their lives, use of the vests remains optional 
for most officers; and 

Whereas, Boston Police Officers who have been on 
the job for more than one ( 1 ) year currently have the 
option of wearing deparmicnt-issued vests while on 
duty; and 



60 



CITY COUNCIL 



Whereas, Many Boston Police Officers choose not to 
wear bullet-proof vests even though they know the vest 
could save their lives; and 

Whereas, According to news reports, on March 7, 
2002, Boston Police Officer Roberto Pulido made a life- 
saving choice when he wore a bulletproof vest that inter- 
cepted a close-range gunshot to the stomach from a sus- 
pected car thief; and 

Whereas, The US Bureau of Justice Statistics has 
recorded a significant decline in the number of slain 
officers, dropping from 1 per 4,000 in 1978 to 1 per 
1 1,000 in 1998, since the advent of body armor; and 

Whereas, Police officers in many cities, including 
New York, Chicago, and Los Angeles are required to 
wear such vests while on duty; and 

Whereas, It is essential for the City of Boston to take 
every reasonable step to protect the lives of Boston 
Police Officers and the public; Therefore, 

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

That CBC, Ordinances, Chapter 1 1 is hereby 
amended by inserting the following new language: 

11-1.8 REQUIRING POLICE OFFICERS TO 
WEAR BULLET-PROOF VESTS. 

a. City shall issue vests. The City of Boston shall 
issue every sworn member of the Boston Police 
Department with one (1) so-called "bullet-proof" or 
bullet-resistant safety vest free of charge. 

b. Wearing of vests required. All sworn members of 
the Boston Police Department shall wear a bullet-proof 
vests while in the performance of field duties and/or 
under any other circumstances determined by the Police 
Commissioner or his designee. 

c. Rules and Regulations. The Police Commissioner 
shall have the authority to establish rules and regulations 
necessary to implement this ordinance. 

d. Severability. The provisions of this section shall be 
severable and if any section, part, or portion hereof shall 
be held invalid for any purpose by any court of compe- 
tent jurisdiction, the decision of such court shall not 
affect or impair any remaining sections, parts, or por- 
tions hereof 

e. Effective Date. This section shall take effect six (6) 
months after passage. 

Referred to the Committee on Government 
Operations. 



ORDER FOR HEARING TO ASSESS IMPACT OF 
PERSONNEL LAYOFFS IN COURTS 
(DOCKET NO. 0369) 

Councilor HONAN offered the following: 

Whereas, Approximately 200 court employees across 
Massachusetts have been targeted for layoffs due to a 
reported $19 million Trial Court budget shortfall; and 

Whereas, Layoffs will affect workers in management, 
clerical, security, and probation capacities; and 

Whereas, Security personnel play an important role in 
maintaining order, safety, and calm in courtrooms where 
street conflicts sometimes find their way; and 

Whereas, Associate court officers are often the front- 
line of defense in the courtroom for domestic violence 
victims whose batterers know the dates of their court 
appearances; and 

Whereas, A study released in January of this year by 
the Department of Probation cited a 200 percent 
increase in violent offenders on probation in 
Massachusetts since 1 990; and 

Whereas, Layoffs of probation officers, with resultant 
increases in the caseloads of other officers, would lead 
to difficulties in appropriately monitoring those persons 
under their charge; and 

Whereas, The City of Boston is home to Suffolk 
Superior Court, Boston Municipal Court, and six other 
district courts and court layoffs could jeopardize the 



lives and safety of Boston residents; therefore be it 
Ordered, That the Boston City Council hold a hearing 

to assess the impact of these personnel cuts on the courts 

and the general public; and be it further 

Ordered, That representatives from Local 254 Service 

Employees International Union, court administrators, 

victims support groups, and the Suffolk County District 

Attorney's office be invited to testify. 

Referred to the Committee on Public Safety. 



ORDER FOR APPROPRIATE COMMITTEE TO 
DETERMINE SCOPE, IMPLEMENTATION 
AND EVALUATION OF A TEST PROGRAM 
FOR SHARED VEHICLE SERVICES FOR 
CITY EMPLOYEES (DOCKET NO. 0370) 

Councilors SCAPICCHIO and ROSS offered the fol- 
lowing: 

Whereas, The City of Boston continues to seek 
opportunities to provide higher quality service at a lower 
cost by improving efficiency and removing waste; and 

Whereas, The economic challenges the City faces 
continue to grow, with revenues from the State expected 
to drop by as much as $40 million a year; and 

Whereas, Recent technological advancements and 
new service delivery models have developed in the City 
and provide new opportunities to increase the efficiency 
of City operations and reduce costs; and 

Whereas, The City has a responsibility to explore and 
evaluate these new opportunities to assess their impact 
on the efficient delivery of City services and the reduc- 
tion of City operational costs; and 

Whereas, Shared vehicle access, which enables mul- 
tiple users to independently reserve and drive a single 
vehicle for hourly use, should be explored as an exam- 
ple to save City fimds; and 

Whereas, Such services have great potential to signif- 
icantly reduce capital, overhead and management costs 
as well as increasing efficiency and quality in the provi- 
sion of personal transportation for the delivery of City 
services; and 

Whereas, Shared vehicle use by City employees will 
demonstrate the City's commitment to reducing parking 
demand, traffic congestion and pollution, all of which 
can be reduced by the widespread adoption of shared 
vehicle services by citizens and commuters; and 

Whereas, The establishment of such services requires 
no capital investment and can be implemented without 
disrupting existing operations; therefore be it 

Ordered, The City Council orders the appropriate 
Council committee determine the scope, implementa- 
tion and evaluation of a test program for shared vehicle 
services for City employees to evaluating the impact of 
such a program on the delivery of City services. 

Referred to the Committee on Transportation. 



ORDER AUTHORIZING OFFICE OF HUMAN 
RESOURCES TO ACCEPT AND EXPEND 
FUNDS OF $45,000 FROM BOSTON WATER 
& SEWER COMMISSION TO FUND CLINI- 
CIAN/SUBSTANCE ABUSE COUNSELOR IN 
BOSTON EMPLOYEE ASSISTANCE PRO- 
GRAM (DOCKET NO. 0177) 

Councilor FEENEY called Docket No. 01 77 from the 
Committee on Government Operations. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FEENEY, the order was 
placed on file. 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
BONDS IN PRINCIPAL AMOUNT OF 
$48,000,000 FROM BOSTON INDUSTRIAL 



MARCH 13, 2002 



61 



DEVELOPMENT FINANCING AUTHORITY 
(BIDFA) TO FINANCE HOTEL AND PARKING 
GARAGE WITH ACCESSORY RETAIL, 
RESTAURANT AND COMMERCIAL SPACE 
AT 20 HAMPDEN STREET (ROXBURY) TO 
BE OWNED BY CROSSTOWN CENTER 
HOTEL LLC, AN AFFILIATE OF 
CROSSTOWN ASSOCIATES, LLC (DOCKET 
NO. 0338) 

Councilor HONAN called Docket No. 0338 from the 
Committee on Planning and Economic Development. 

Hearing no objection, the matter was before the body. 

On motion of Councilor HONAN, the order was 
passed. 



Matters, and Councillor Stephen J. Murphy as vice 
chair. 

Placed on file. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

CERTAIN INFORMATION UNDER SECTION 17F 
RE: BOSTON REDEVELOPMENT AUTHOR- 
ITY (DOCKET NO. 0382) 

Councilor TURNER offered the following: 

Ordered, That, under the provisions of Section 1 7F 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: 

Order that the Boston Redevelopment Authority 
(BRA) submit the following information. 

1. How many urban renewal projects are still active? 

2. How many urban renewal projects have land which 
has not yet been distributed? 

3. Where are these projects located? 

4. How much undistributed land remains in each of 
the projects? 

5. What is the expiration date of these projects? 

6. What will happen to undistributed land, once the 
expiration date is reached? 

On motion of Councilor TURNER, the rules were 
suspended; the order was passed. 



APPOINTMENTS OF COMMITTEE CFLAIRS 
(DOCKET NO. 0383) 

President FLAHERTY offered the following: 

Whereas, By virtue of the resignation from the 
Boston City Council of Daniel F. Conley on February 
20, 2002, vacancies have been created on certain com- 
mittees of the City Council; and 

Whereas, One such vacancy currently occurs in the 
chairmanship of the Committee on Public Safety; and 

Whereas, It is desirable to appoint a successor chair- 
man of that committee in order to assure the smooth 
flow of business in the City Council; and 

Whereas, It is desired that certain other changes be 
made in committee chairmanships at this time, there- 
fore, the appointments are made as follows: 

1. by the appointment of Councillor Brian Honan as 
chair of the Committee on Public Safety, and Councillor 
Charles Yancey as vice chair; and 

2. by the appointment of Councillor Stephen J. 
Murphy as chair of the Committee on Public Health, and 
Councillor Francis Roache as vice chair; and 

3. by the appointment of Councillor Chuck Turner as 
chair of the Committee on Education and School 



CONSENT AGENDA 

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

Councilor Honan: Congratulating Yee Fung Toy 
Association (Docket No. 0371). 

Congratulating Albert Moscone (Docket No. 0372). 

Councilor Murphy: Declaring March 7, 2002 "James 
H. Kelly, Jr. Day" (Docket No. 0373) 

Declaring March 7, 2002 "Philip Aube Day" (Docket 
No. 0374). 

Councilor Kelly: Declaring March 9, 2002 "Russ 
Waterman Day" (Docket No. 0375). 

Councilors Honan, Flaherty and Kelly: 
Congratulating Chinese Freemasons (Docket No. 0376). 

Councilor Feeney: Congratulating James Morris 
(Docket No. 0377). 

Congratulating Edward O'Malley (Docket No. 0378). 

Councilor Kelly: Congratulating 5 persons on partic- 
ipating in the Miss South Boston Pageant (Docket No. 
0379). 

Congratulating 7 persons on winning the S.B.C.A. 
2002 Essay Contest and Poster Contest (Docket No. 
0380). 

Councilors Turner and Yancey: Declaring March 9, 
2002 "Delta Sigma Theta Sorority Day of International 
Day of Service (Docket No. 0381). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
Yancey asked that when we adjourn today we do so in 
memory of Belinda Dunn who was an activist in his 
community. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, we do so in memory of Belinda Dunn, to 
meet again on Wednesday, March 27, 2002 at 12:30 p.m. 

The motion was carried. 



Adjourned at 1:25 p.m. on motion of President 
FLAHERTY to meet again on Wednesday, March 27, 
2002 at 12:30 p.m. 



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



i 



I 



(i 



CITY COUNCIL 



63 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, March 27, 2002 
Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:45 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Bishop Edward W. Hoffman, Calvary Church 
International, delivered the invocation and the meeting 
was opened with the pledge of allegiance to the flag. 



PRESENTATION BY PRESIDENT FLAHERTY 

President Flaherty presented the 2002 MIAA 
Division 1 A Boys Ice Hockey State Championship win- 
ners with resolutions for their triumph. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF ANTHONY BAKER, CHRISTOPHER M. 
GILMORE, WHITNEY V LAROCHE, JAMES 
A. PARK AND DANIEL R. REARDON AS 
CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF BOND 
FOR TERM ENDING 4-30-03 (DOCKET NO. 
0384) 

The following was received: 

City of Boston 
Office of the Mayor 

March 26, 2002 
To the City Council. 
Dear Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached Order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the appomtment of the foUowmg 
named people as Constables of the City of Boston 
authorized to serve civil process upon filmg of bond for 
the period commencing May I, 2002 and ending April 
30, 2003 be and the same hereby is approved. 

The following recommendations for approval are new 
applicants. 

Baker, Anthony, 

47 Roxbury St. #402, Roxbury 021 19 
Gilmore, Christopher M. 
96 Farquhar St. Roslindale 02131 
LaRoche, Whitney V 
27 Monponset St. Boston 02126 
Park, James A. 

67 Westminster St. Hyde Park 02136 
Reardon, Daniel E. 
60 Litchfield St. Brighton 02135 
Referred to the Committee on Government 
Operations. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF CONSTABLES AUTHORIZED TO 
SERVE CIVIL PROCESS UPON FILING OF 
BOND FOR TERM ENDING 4-30-03 
(DOCKET NO. 0385) 

The following was received: 

City of Boston 
Office of the Mayor 

March 26, 2002 
To the City Council. 
Dear Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint tbe following named people on the 
attached Order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filmg of bond for 
the period commencing May 1 , 2002 and ending April 
30, 2003 be and the same hereby is approved. 

The following recommendations for approval are 
renewal applicants. 

Adjemian, George 

70 Peter Pariey Rd., Boston 02130 

Allosso, Paul A. Jr. 

3 Crossland PL, Brighton 02135 
Bailey, Patrick A. 

33 Aspinwall Rd., Dorchester 02124 

BeDugnis, Barbara L. 

9 Colchester St., Hyde Park 02136 

BeDugnis, David G. Sr. 

338 Beech St., Roslindale 02131 

Beggan, John J 

482 E. Eighth St., S. Boston 02127 

Bernard, Mark 

68 Sierra Rd. #20, Hyde Park 02136 

Blake, Sandra T. M. 

4 Cleveland St., Boston 021 19 
Brower, Daniel L. 

32 New Bedford St., Hyde Park 02136 

Brown, Thomas M. 

64 Bradfield Ave., Roslindale 02131 

Burgos, Luis A. Jr. 

81 Orton Marotta Way, S. Boston 02127 

Burke, James F. 

59 Chelmsford St., Dorchester 02122 

Burke, John I. 

24 Morris St., E. Boston 02128 

Butler, Diane M. 

38 Caspar St., W. Roxbury 02132 

Butler, Joseph P. 

38 Caspar St., W. Roxbury 02132 

Cammarata, John J. 

29 Charter St., Boston 021 13 

Carbone, Vincent 

42 Commercial St., Boston 02109 

Carrey, John R. 

64 Bakersfield St., Boston 02125 



64 



CITY COUNCIL 



Castagna, Russell C. 

783 E. Sixth St., S. Boston 02127 

Cazeau, Rolfiyn 

44 Bowdoin Ave., Dorchester 02121 

Chester, Willie E. 

85 Howard Ave., Dorchester 02125 

Christofono, Stephen A. 

57 Thompson St., Hyde Park 02136 

Ciampi, Carmen A. 

100 Leyden St., E. Boston 02128 

Ciavola, Brian R 

31 Danny Rd., Readville 02137 

Clemons, Robert D 

2 Hopestill St., Dorchester 02124 

Cobb, Ron 

15 Winthrop St., Roxbury 021 19 
Connolly, Thomas J. 

77 Farragut Rd., S. Boston 02127 

Conroy, Patrick 

25 Manor St., Dorchester 02122 

Consolo, John G. 

262 E. Eagle St., E. Boston 02128 

Correia, Antonio G. 

20 Dix St., Dorchester 02122 

Craven, Cynthia B. 

1060 South St., Roslindale 02131 

Cronin, Edward 

16 Lyall St., W. Roxbury 02132 
Cruz, Luis M. 

15 St. Rose St. #647, Boston 02130 

Curry, Allen A. 

49 Woodbine St., Roxbury 021 19 

Davis, Francis R. 

24 St. Margaret St., Dorchester 02125 

DeFeo, Pasquale Jr. 

63 St. Andrew Rd., E. Boston 02128 

DiBlasi, John J. 

836 E. Second St., S. Boston 02127 

DiNatale, John P 

20 Midvale Rd., W. Roxbury 02132 
Dolliver, James L. 

27 Robin St., W Roxbury 02132 

Doniger, William A. 

154 Belgrade Ave., Roslindale 02131 

Duffy, Alan 

1 1 Samoset St., Dorchester 02124 

Edge, Benny 

8 Wilbert Cir., Dorchester 02124 

Eubanks, Anthony P. 

34 Perrin St., Roxbury 021 19 

Fasanello, John T. 

19 Basto Terr., Roslmdale 02131 

Forman, Michael A. 

19 Merrill St., Dorchester 02121 

Gaisford, Mark C. 

159 Corey St., W Roxbury 02132 

Gallimore, Peter J. 

21 Kenburme Rd., Dorchester 02 1 24 
Gaughran, Barry W 

1440 V.KW. Pkwy., W. Roxbury 02132 

Gentile, Edward C. 

69 Logan Way, S. Boston 



Grant, Jason R. 

121 Highcrest Rd., Roslindale 02131 

Grillo, Charles V Jr 

1531 Centre St., Roslindale 02131 

Hamilton, Eugene W. 

1409 River St., Hyde Park 02136 

Hansen, Douglas 

10 Jamaicaway #26, Boston 02130 

Headley, Henderson T 

60 Alabama St., Boston 02126 

Hershenson, Keith S. 

52 Emmonsdale Rd., W. Roxbury 02132 

Hicks, Don 

1 Chffmont St., Boston 02131 

Hodges, George L. 

108 Deforest St., Roslindale 02131 

Hogan, Richard B. 

8 Vinal St., Brighton 02135 

Hurwitz, Joel B. 

136NSt., S.Boston 02127 

Jodrey, Gerard O. 

One Devonshire PL, Boston 02109 

Johnson, David A. 

51 Rexford St,. Boston 02126 

Jones, Harold 

111 Fuller St., Boston 02124 

Jones, Shirley A. 

47 Fowler St. #2, Dorchester 02121 

Joyce, William G. 

195 Stimson St., W. Roxbury 02132 

Jimior, William 

240 Humboldt Ave., Dorchester 02121 

Kashmanian, Marie A. 

215 Savin Hill Ave., Dorchester 02125 

Kelley, Christopher J. 

1531 Centre St #1, Roslindale 02131 

Kelley, Richard F 

1060 South St., Roslmdale 02131 

Kitas, Thomas C. 

37 Cedrus Ave., Roslindale 02131 

Kravitsky, Frank A. 

25 Furbush Rd., W. Roxbury 02132 

Kravitsky, Mark J. 

25 Furbush Rd., W Roxbury 02132 

Lee, Harrison J. 

16 Parker Hill Ave. #2, Roxbury 02120 

Lee, Robert E. 

470 E. Eighth St., S. Boston 02127 

Long, Daniel 

33 Bateman St., Roslindale 02131 

Long, Denise C. 

33 Bateman St., Roslindale 02131 

MacDonald, Frederick W. 

10 Manning St., Roslindale 02131 

Malkofsky, Burton 

549 E. Fourth St., S. Boston 02127 

Malone, William P. 

68 Vogel St., W Roxbury 02132 

Manganello, Vincent J. 

237 Marion St., E. Boston 02128 

Mangott, Robert 

13 Anson St., Jamaica Plain 02130 



MARCH 27, 2002 



65 



Manning, Robert J. 

19 King St., Dorciiester 02122 

Marchando, Juaquin C. 

174 Franklin St., Allston 02134 

McCarthy, James J. 

4292 Washington St., Roslindale 02131 

McGrail, Kevin P. Sr. 

15 Winslow St., Hyde Park 02131 

McKeen, Richard F. Sr. 

47 Franconia St., Dorchester 02122 

McKeen, William F Sr. 

21 Train St., Dorchester 02122 

McNair, Thomas Jr. 

9 Floyd St., Dorchester 02124 

McNamara, James V 

9 Raymond St., Allston 02134 

McQuaid, John F. 

135 Walter St., Roslindale 02131 

Melendez-Miguel, Theresa 

23 Dunlap St., Dorchester 02124 

Melvin, David E. 

1553 Blue Hill Ave., Mattapan 02126 

Messina, Robert J. 

707 E. Sixth St., S. Boston 02127 

Minor, Marvin D. Sr. 

32 Woolson St. #3, Mattapan 02126 

Montgomery, Arthur F 

88 Gould St., W Roxbury 02132 

Nee, John J. F. 

3761/2 Dorchester St., S. Boston 02127 

Neves, Lawrence P. 

50 Island View PL, Boston 02125 

O'Sullivan, Robert F Jr. 

25 Denny St., Dorchester 02125 
Otero, Andres 

17 Maverick St., #20, E. Boston 

Perry, Angela M. 

39 Maywood St., Roxbury 021 19 

Phoenix, Raymond R. 

91 Ames St. #C225, Boston 02124 

Reardon, Bryan W 

74 Litchfield St., Brighton 02135 

Redd, Franklin 

21 Kenilworth St., Boston 021 14 

Reese, Antonio N. 

91 Belnel Rd., Hyde Park 02136 

Reese, George N. 

26 Monponset St., Hyde Park 02136 
Reinford-Pack, Ronny F. 

93 Lawrence Ave. #1, Dorchester 02121 
Rennick, Rodger D. 

8 Abbot St., Dorchester 02124 
Rodriguez, Juan 

167 Taunton Ave., Mattapan 02126 

Roscoe, John J. 

4975 Washington St. #312, W.Roxbury 02132 

Santiago, Vidal 

700 Parker St., Roxbury 02120 

Santry, Thomas 

1 14 Richmond St., Dorchester 02124 

Smith, Arthur 

9 Jamaicaway Court, Jamaica Plain 02130 



Smith, Joseph M. 

183 Leyden St., E. Boston 02128 

Sonego, Richard H. 

15 Seaview Ave., E. Boston 02128 

Suozzo, Wilfred R 

651 Bennington St., E. Boston 02128 

Sylvester, Frank J. 

141 Ormond St., Mattapan 02126 

Taylor, John W. 

90 Loma Rd., Mattapan 02126 

Tranquillmo, Albert B. 

112 Prince St., Boston 021 13 

Tyszkowski, Robert 

133 Sherman Rd., W. Roxbury 02132 

Vaughan, Gerald D. F. 

1 1 Roxana St., Boston 02136 

Wallen, Arturo 

213 W Newton St. #1, Boston 02118 

Weisman, Marcia S. 

130 Nonantum St., Brighton 02135 

White, James E. 

1 12 Norfolk St., Dorchester 02124 

Wigon, Elijah A. 

722 LaGrange St., W. Roxbury 02132 

Williams, Albert L. 

9 Rockwell St., Dorchester 02134 

Williams, Willie J. 

309 Huntington Ave., Hyde Park 02136 

Winbush, Syrian A. 

29 Esmond St. #IA, Dorchester 02121 

Wright, Derek S. 

1 1 Whitman St., Dorchester 02124 

Zollo, Anthony F. Jr. 

48 Como Rd., Readville 02136 

Referred to the Committee on Government 
Operations. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF INSPECTIONAL SERVICES CON- 
STABLES AUTHORIZED TO SERVE CIVIL 
PROCESS UPON FILING OF BOND FOR 
TERM ENDING APRIL 30, 2003 (DOCKET 
NO. 0386) 

The following was received: 

City of Boston 
Office of the Mayor 

March 26, 2002 
To the City Council. 
Dear Councillors: 

Subject to confitmation by your Honorable Body, I 
hereby appoint the followmg named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1, 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May I, 2002 and ending April 
30, 2003 be and the same hereby is approved. 



66 



CITY COUNCIL 



The following recommendation for approval are 
renewal applicants from the Inspectional Services 
Department. 

Bourcher, Leo C. 

236 Bunker Hill St, Charlestown 02129 

Buttiglieri, James P. 

56 Beachview Rd. E. Boston 02128 

Cappuccio, Francis 

838 E. Second St. S. Boston 02127 

Cavaleri, Sheila J. 

1632 Dorchester Ave. Dorchester 02122 

Chan, Robert 

12 Ryder Hill Rd. Brighton 02135 

Christos, Lesley S. 

28 Brier Rd. W. Roxbury 02132 

Connors, John J. 

50 Tremont St. Charlestown 02129 

Conroy, Carol 

25 Manor St. Dorchester 02122 
Denson, Alfonso Jr. 

26 Sedgewick St. Boston 02130 
Dorato, Joseph R. 

110 Russell St. Peabody 

Figueroa, Iris 

Haley St. Boston 021 19 

Fitzmaurice, Joseph 

35 Greenbrook Dr. Stoughton 02072 

Grady, William F 

3 Sussex St. Boston 02120 

Handley, Joshua S. 

1000 Harvard St. #1, Mattapan 02126 

Hanson, Regina M. 

89 Bennett St. Brighton 02135 

Holmes, James T. Jr. 

83HollingsworthSt. 02126 

Jacques, Raoul 

63 Tyler St. Hyde Park 02136 

Kennedy, Edward M, 

815 E. Second St. S. Boston 02127 

Kenny, Peter 

141 Wells Ave. Dorchester 02124 

Lam, Binh Q. 

17 McBride St. Jamaica Plain 02130 

Major, Allen T. 

28 Mather St. Dorchester 02124 

Maxwell-Davis, Evangeline 

102 Talbot Ave. #3, Dorchester 02124 

McNally, Christopher 

20 Woodbrier Rd. W Roxbury 02132 
Nally, Paul T Jr. 

21 Port Norfolk St. Dorchester 02122 
O'Donnell, Steven G. 

135 Concord St. Rockland 02370 

Oliveri, Brian 

468 Shawmut Ave. Roxbury 021 18 

Powers, John 

31 Guinnett St. Hyde Park 02136 

Puccia, Leonard F. 

6 Rendall Rd. W Roxbury 02132 

Rahman, Ayubur 

251 Cambridge St. #1, Allston 



Reane, William P. 

46 Edgemere Rd. Quincy 02169 

Scott, Julia M. 

13 Shiriey St. Roxbury 02119 

Slavin, Michael J. 

3923 Washington St. Roslindale 02131 

Suarez, Marta 

9 Elm St. #2, Dorchester 02122 

Titus, Paul A. 

79 Fort Ave. Roxbury 021 19 

Tracy, Jack E. 

3 Northboume Rd. Jamaica Plain 

Tracy, Jack E. 

30 Northboume Rd. Jamaica Plain 02130 

Walsh, Linda 

1 K St. PI. S.Boston 02127 

Yancey, Terrance L. 

3 Dale St. Roxbury 02119 

Referred to the Committee on Government 
Operations. 



ORDER AUTHORIZING TRANSPORTATION 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $426,000 FROM 

MASSACHUSETTS HIGHWAY DEPART- 
MENT TO SUPPORT EFFORTS OF VARIOUS 
CITY AGENCIES AS THEY ADDRESS AND 
MITIGATE IMPACTS RELATED TO CON- 
STRUCTION OF CENTRAL ARTERY/TUN- 
NEL PROJECT (DOCKET NO. 0387) 

The following was received: 

City of Boston 
Office of the Mayor 

March 13, 2002 
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 from the Massachusetts Highway Department in 
an amount that shall not exceed four hundred twenty-six 
thousand dollars ($426,000.00). The purpose of this 
grant is to support the efforts of various City agencies, 
as they address and mitigate the impacts related to the 
construction of the Central Artery/Tunnel Project. 

I urge your Honorable Body to adopt this Order as 
soon as possible, so that the City may receive these 
funds and implement all necessary programs expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Mayor, acting on behalf of the 
Transportation Department, be, and hereby is, autho- 
rized, in accordance with Section 53A of Chapter 44 of 
the Massachusetts General Laws, to accept and expend 
a grant from the Massachusetts Highway Department in 
an amount that shall not exceed four hundred and 
twenty-six thousand dollars ($426,000.00), for the pur- 
pose of fiinding the efforts of various City agencies to 
address and mitigate the impacts related to the construc- 
tion of the Central Artery/Tunnel Project. 

Referred to the Committee on Aviation and 
lYansportation. 



MARCH 27, 2002 



67 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF 
$3,372,000 IN FORM OF COMMONWEALTH 
OF MASSACHUSETTS EXECUTIVE OFFICE 
OF PUBLIC SAFETY, STATE COMMUNITY 
POLICING AWARD FOR PURPOSE OF CON- 
TINUING SAME COP/SAME NEIGHBOR- 
HOOD PROGRAM (DOCKET NO. 0388) 

The following was received: 

City of Boston 
Office of the Mayor 

March 11,2002 
To the City Council. 
Dear Councillors; 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department, an award in 
the amount of $3,372,000,00 in the form of a 
Commonwealth of Massachusetts Executive Office of 
Public Safety, State Community Policing grant award. 
The grant will be used for the purpose of continuing the 
Same Cop Same Neighborhood program. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the fiinds expeditiously and expend them for the pur- 
poses for which these fiinds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to M.G.L. c. 44, 
§ 53A be, and is hereby is authorized, to accept and 
expend the Commonwealth of Massachusetts, Executive 
Office of Public Safety's award not to exceed the 
amount of $3,372,000.00 

Referred to the Committee on Public Safety. 



1 transmit herewith a supplemental appropriation 
order for the Boston Police Department in the amount of 
$522,910 to cover the FY02 cost of the interest arbitra- 
tion award issued by the Joint Labor Management 
Committee (JLMC No: 01-27-P) in a case that arose as 
the result of a contract reopener provision in the collec- 
tive bargaining agreement between the City and the 
Boston Police Patrolmen's Association (BPPA). Costs 
that relate to previous years will be paid from reserves 
established in those years. 

Funding for this supplemental appropriation will 
come from Massport PILOT receipts that have exceeded 
the estimate used to set the FY02 tax rate. After the 
events of September 11, 2001, the possibility of 
Massport being unable to remit the remainder of its 
FY02 PILOT payment of $10.7M to the City was very 
real. In response, the City lowered its estimate for the 
Massport PILOT to the $4.25M that had actually been 
received when the tax rate was submitted for certifica- 
tion. Since that time, Massport has made an additional 
payment and that receipt is now available to fund this 
request while maintainmg a balanced budget. 

I respectfully request your support of this supplemen- 
tal appropriation for the Boston Police Department. 
Sincerely. 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Boston Police Department the fiscal period com- 
mencing July 1, 2001 and ending June 30, 2002, the sum 
of FIVE HUNDRED TWENTY TWO THOUSAND 
NINE HUNDRED TEN DOLLARS ($522,910) be, and 
the same hereby is appropriated said sum to be met by 
available funds: Police Department: 

2002-100-21 1501-51000 $522,910 

On motion of Councilor HONAN, the rules were sus- 
pended; the order was passed. 



BOSTON REDEVELOPMENT AUTHORITY 
(DOCKET NO. 0389) 

The following was received: 

City of Boston 
Office of the Mayor 

March 25, 2002 
To the City Council. 
Dear Councillors: 

Relative to Section 17F request passed by your 
Honorable Body on March 13, 2002 re: The Boston 
Redevelopment Authority, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $522,910 FOR POLICE DEPART- 
MENT TO COVER FY02 COST OF INTEREST 
ARBITRATION AWARD ISSUED BY JOINT 
LABOR MANAGEMENT COMMITTEE 
(DOCKET NO. 0390) 



The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Councillors: 



April 2, 2002 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $2,282,874 FOR PUBLIC 
SCHOOLS FY02 TO COVER COST OF ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE OF CITY AND BOSTON ASSO- 
CIATION OF SCHOOL ADMINISTRATORS 
AND SUPERVISORS LOCAL NO. 6, AFL-CIO 
(DOCKET NO. 0391) 

The following was received: 

City of Boston 
Office of the Mayor 

April 2, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY02 m the 
amount of $2,282,874 to cover the cost items contained 
within the collective bargining agreement between the 
School Committee of the City of Boston amd the Boston 
Association of School Administrators and Supervisors, 
Local No. 6, AFL-CIO (BASAS). 

Funding for this supplemental appropriation will 
come from Massport PILOT receipts that have exceeded 
the estimate used to set the FY02 tax rate. After the 
events of September 11, 2001, the possibility of 
Massport being able to remit the remainder of its FY02 
PILOT payment of $ 10. 7M to the City was very real. In 
response, the City lowered its estimate for the Massport 
PILOT to the $4.25M that had actually been received 
when the tax rate was submitted for certificaton. Since 
that time, Massport has made an additional payment and 
that receipt is now available to fund this request while 
maintaining a balanced budget. 



68 



CITY COUNCIL 



I respectfully request your support of this supplemen- 
tal appropriation for the Boston Public Schools. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That in addition to the appropriations 
heretofore made, to meet the current operatmg expenses 
of the School Department in the fiscal period com- 
mencing July 1 , 200 1 and ending June 30, 2002, the sum 
of TWO MILLION TWO HUNDRED EIGHTY TWO 
THOUSAND EIGHT HUNDRED SEVENTY FOUR 
DOLLARS ($2,282,874) be, and the same hereby is 
appropriated, said sum to be met by available funds; 
School Department $2,282,874 

On motion of Councilor TURNER, the rules were 
suspended; the order was passed. 



ORDER FOR CONFIRMATION OF APPOEslTMENT 
OF MICHAEL R MONAHAN AS MEMBER OF 
BOARD OF APPEAL FOR TERM EXPIRING 
5-1-2004 (DOCKET NO. 0392) 

The following was received: 

City of Boston 
Office of the Mayor 

March 26, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Michael P. Monahan, of 
124 West Ninth Street, South Boston, as a member of 
the Board of Appeal, for a term expiring May 1, 2004. 1 
am appointing Mr. Monahan pursuant to the authority 
vested in me pursuant to St. 1993, c. 461, § 3, and sub- 
ject to your confirmation. Mr. Monahan is nominated 
by, and a member of. the Building Trades Council of 
Greater Boston. 

I urge your Honorable Body to pass this Order. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered, That, pursuant to St. 1993, c. 461, § 3, the 
appointment of Michael P. Monahan, of 124 West Ninth 
Street, South Boston, as a member of the Board of 
Appeal for a term expiring on May 1, 2004, be, and 
hereby is, approved. 

Referred to the Committee on Planning and 
Economic Development. 



PETITION OF THE AIRPORTER, INC. FOR 
LICENSE TO OPERATE MOTOR VEHICLES 
FOR THE CARRIAGE OF PASSENGERS FOR 
HIRE OVER CERTAIN STREETS IN BOSTON 
(DOCKET NO. 0393) 

Petition of The AirPorter, Inc. for license to operate 
motor vehicles for the carriage of passengers for hire 
over certain streets in Boston. 

Referred to the Committee on Aviation and 
Transportation. 



NOTICE RECEIVED FROM DEPARTMENT OF 
TELECOMMUNICATIONS AND ENERGY 
RE: PETITION OF NSTAR GAS COMPANY 
FOR APPROVAL OF ITS LOAD FORECAST 
AND RESOURCE PLAN FOR FIVE-YEAR 
PERIOD 2001/02 THROUGH 2005/06 PUR- 
SUANT TO G.L. CI 64 S691. (DOCKET NO. 
0394) 



Notice was received from the Department of 
Telecommunications and Energy re: petition of NSTAR 
Gas Company for approval of its Load Forecast and 
Resource Plan for the five-year period 2001/02 through 
2005/06 pursuant to G L. cl64 s691. 

Placed on file. 



COMMUNICATION FROM CAMELLE SIMIONE, 
ASSISTANT CITY CLERK, EVERETT, 
TRANSMITTING COPY OF LETTER SENT 
TO FAA FROM EVERETT BOARD OF 
ALDERMEN TO SUPPORT "NO FLY ZONE" 
FOR ALL NONCOMMERCIAL AIR TRAFFIC 
(DOCKET NO. 0395) 

Communication was received from Camelle Simione, 
Assistant City Clerk, Everett, transmitting a copy of a 
letter sent to the FAA from the Everett Board of 
Aldermen to support a "No Fly Zone" for all noncom- 
mercial air traffic. 

Placed on file. 



APPROVAL OF CONSTABLES BONDS 
(DOCKET NO.0396) 

The Constables Bonds of John G. Consolo and 
Robert E. Lee, having been duly approved by the 
Collector-Treasurer, were received and approved. 



ORDINANCE RE: APPOINTMENT AND TERM OF 
CONSTABLES (DOCKET NO. 0397) 

Councilor FLAHERTY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REGARDING 

THE APPOINTMENT AND TERM OF 

CONSTABLES 

Whereas, M.G.L. c. 41, s. 91 provides authority for 
the appointment of constables for terms not exceeding 
three (3) years; and 

Whereas, The City of Boston currently appoints con- 
stables for the term of one ( 1 ) year beginning with the 
first day of May in the year of appointment; and 

Whereas, The City of Boston seeks to extend the 
length of the term of constables duly appointed from 
one ( 1 ) year to three (3) years; and 

Whereas, CBC 2-7.2 does not currently have a mech- 
anism for the removal of a constable; and 

Whereas, M.G.L. c. 41, s. 91 provides the authority 
for the removal of constables for gross misconduct. 
Therefore, 

Be it ordained by the City Council of Boston, as 
follows: 

The ninth paragraph of CBC 2-7.2 is hereby amended 
by striking the words "for the term of one year begin- 
ning with the first day of May in the year of appoint- 
ment" and inserting in place thereof the words "for the 
term of three (3) years beginning with the first day of 
May in the year of appointment." 

The following paragraph is inserted as the final para- 
graph of CBC 2-7.2: "The Mayor may, with the consent 
of the City Council, remove a constable from office for 
gross misconduct." 

The provisions of this ordinance shall be effective 
upon enactment. 

Referred to the Committee on Government 
Operations. 



MARCH 27, 2002 



69 



ORDER FOR HEARING TO STUDY FEASIBILITY 
OF IMPLEMENTING HEALTH BENEFITS 
WAIVER PROGRAM SIMILAR TO MEDICAL 
SPENDING CONVERSION HEALTH BENE- 
FITS BUY-OUT PROGRAM IN EFFECT IN 
NEW YORK CITY (DOCKET NO. 0398) 

Councilors FLAHERTY and ROSS offered the fol- 
lowing: 

Whereas, The City of Boston Health Benefits and 
Insurance Program is responsible for providing health 
insurance, including dental and vision care, to active and 
retired employees of the City of Boston; and 

Whereas, Nearly 17,000 persons were enrolled in the 
city's health insurance program in fiscal year 2002; and 

Whereas, An undetermined number of these enrollees 
are presumably eligible to receive health insurance ben- 
efits under the health insurance plans of their spouses or 
domestic partners; and 

Whereas, Other major cities, including New York 
City, offer cash incentive benefits to eligible employees 
who waive their city health insurance coverage, pro- 
vided they are insured under their spouses' or domestic 
partners' employer-provided non-city group health plan, 
a group health plan available through other employment, 
or Medicare; and 

Whereas, Such a Health Benefits Buy-Out Waiver 
Program, if adopted by the City of Boston, could poten- 
tially result in savings to the city treasury; and 

Whereas, Any such proposed program would raise 
issues of collective bargaining, budget and revenue 
stream considerations; then therefore be it 

Ordered, That the Boston City Council conduct a 
hearing to study the feasibility and desirability of imple- 
menting a health benefits waiver program similar to the 
Medical Spending Conversion Health Benefits Buy-Out 
Program in effect in New York City, 



Passed under suspension of the rules. 



Councilor SCAPICCHIO in the Chair 



President FLAHERTY in the Chair. 



Referred to the Comniittee on Government 
Operations. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0399) 

Councilor FLAHERTY offered the following: 

Ordered, That effective Saturday. April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, April 12, 
2002: 

Louis Covino, Secretary, $1,500.00, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0400) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Kelly A. Tynan, Administrative Asst., $1,246.16, 
fiill time. 



RESOLUTION SUPPORTING PASSAGE OF GLOB- 
ALIZATION IMPACT BILL (DOCKET NO. 

0401) 

Councilors TURNER, YANCEY and ROACHE 
offered the following: 



Whereas, National, state, and city governments use 
regulations and laws to protect the our economy, health, 
safety, and environment; and 

Whereas, The global free trade agreements such as 
the North American Free Trade Alliance and World 
Trade Organization prioritize the goal of'free trade" 
over all other values such as clean air, living wages, and 
consumer protection; and 

Whereas, These free trade agreements give compa- 
nies and foreign govermments the right sue the U.S. 
government over state laws they claim are "barriers to 
trade" such as bans on toxic substances, purchasing 
preferences for small businesses, or state funding for 
local economic development; and 

Whereas, Foreign governments and companies have 
used this power to challenge the U.S. government in a 
number of legal actions; and 

Whereas, Modev international, a Canadian developer, 
has filed a $50 million suit against the U.S. government, 
claiming that they were treated unfairly by Boston offi- 
cials and that Massachusetts state courts violated 
NAFTA when their Downtown Crossing retail project 
failed and the rights to Haywood Place were taken from 
them; and 

Whereas, Representative Byron Rushing has filed the 
Globalization Impact Bill (H.21 19) which would estab- 
lish a state commission to study the impact of the World 
Trade Organization and other trade agreements on 
Massachusens laws and regulations; and 

Whereas, This state commission will regularly report 
to the legislature on these impacts and advise the 
Commonwealth on when to oppose provisions in global 
trade agreements. Therefore be it 

Resolved, That the Boston City Council gives it full 
support for the passage of the Globalization Impact Bill 
(H.21 19) by the Massachusetts state legislature and gov- 
ernor 

Referred to the Committee on Intergovernmental 
Relations. 



ORDER POR HEARING TO EXAMINE HOW 
CURRENT AND PROPOSED STATE 
BUDGETS FOR FY03 AFFECTS VARIOUS 
COMMUNITIES AND INDIVIDUALS IN CITY 
(DOCKET NO. 0402) 

Councilors TURNER, ROSS, HONAN and YANCEY 
offered the following: 

Whereas, Dramatic miscalculations im state budget 
revenue projections and an economic downturn have led 
to the enactment of the 2002 budget that required dras- 
tic cuts in programs and services, and 

Whereas, Education, health, social service, environ- 
mental and mental health, received major cuts and in 
some cases complete elimination of programs and ser- 
vices, and 

Whereas, A significant percentage of these programs 
provide support and services to people of communities 
of color, the poor, and working communities, and 

Whereas, Since the enactment of the state budget for 
fiscal year 2002, people in need of essential services in 
poor, working, and communities of color neighborhoods 
have in many cases gone without services, putting them- 
selves or their communities in medical or emotional 
risk, and 



70 



CITY COUNCIL 



Whereas, The state legislature is considering a budget 
for fiscal year 2003 that will go into effect on July 1, 
2002; and 

Whereas, The legislature is expected to make more 
than $3 billon in cuts to the state budget for 2003; and 

Whereas, The proposed fiscal year 2003 budget cuts 
even further into social programs, proposing to make 
even deeper cuts in programs for seniors, health, and 
major cuts in the state college and community college 
system, the initial and all important first step for a life 
out of poverty, and 

Whereas, The Boston City Council are the elected 
municipal representatives of the people with the respon- 
sibility to safeguard our communities health, education, 
and general welfare, and 

Whereas, It is our responsibility as elected leadership 
to ascertain how the current budget and the proposed 
budget for fiscal year 2003 affects the quality of life of 
our citizenry, and 

Whereas, It is this body's responsibility to address 
quality of life issues for both our citizenry as well as the 
corporate members of our community; Therefore be it 

Ordered. That the Boston City Council call for public 
hearings to examine how the current and proposed state 
budgets for fiscal year 2003 affects the various commu- 
nities and individuals in the City of Boston, as well as 
identify ways to work with the communities in strate- 
gizing and planning to address the future needs of the 
citizenry of this city. 

Referred to the Committee on Ways and Means. 



ORDER FOR HEARING TO EXPLORE WAYS TO 
PROMOTE HOUSING SUPPLY AND OWNER- 
SHIP BY BETTER PROVIDING EXEMP- 
TIONS TO HOMEOWNERS LIVING WITH 
HARDSHIPS (DOCKET NO, 0403) 

Counoilors HENNIGAN, FEENEY, YANCEY, ROSS 
HONAN, TURNER, TOBIN, ROACHE and MURPHY 
offered the following: 

Whereas, The City of Boston is facing a housing 
shortage that threatens to uproot the social and eco- 
nomic diversity of Bostons neighborhoods; 

Whereas, A recent report, written by Northeastern 
University's Center for Labor Market Studies and Mass 
Inc., found that Massachusetts ranks near the bottom 
nationwide in the rate of homeownership and home 
affordability; 

Whereas, The City of Boston is dedicated to protect- 
ing the homes of its most vulnerable residents, including 
widows, widowers, minor children of a deceased parent, 
and homeowners who are living with handicaps and 
other personal hardships; Therefore be it 

Ordered, That the Boston City Council shall hold a 
public hearing to explore ways to promote housing sup- 
ply and ownership by better providing exemptions to 
homeowners living with hardships. 

Referred to the Committee on Housing. 



ORDER THAT WAYS AND MEANS COMMITTEE 
BE AUTHORIZED TO EXPEND FUNDS FOR 
PURPOSE OF HIRING PROFESSIONAL 
TRANSLATORS AT PRE-BUDGET AND BUD- 
GET HEARINGS AS DEEMED NECESSARY 
TO BETTER ENGAGE THE COMMUNITY 
(DOCKET NO. 0404) 

Councilor ROSS offered the following. 

Whereas, The Ways & Means Committee plans to 
conduct pre-budget and budget hearings in different 
neighborhoods throughout the City; and 

Whereas, These public, community hearings will pro- 
vide residents an opportunity to present their budgetary 
priorities for this year's budget process; and 



Whereas, Through an open and inclusive process, the 
public will have a better understanding of the budget 
process, allowing the Ways & Means Committee to bet- 
ter focus the City's resources to meet the expectations of 
City residents; and 

Whereas, The Ways & Means Committee will be 
engaging a multi-lingual population. Therefore be it 

Ordered, That the Boston City Council Ways & 
Means Committee be authorized to expend funds for the 
purpose of hiring professional translators at these pre- 
budget and budget hearings as deemed necessary to bet- 
ter engage the community. 

Councilor YANCEY moved to amend the order by 
adding the words "of $250 per meeting for interpreters." 

The motion was carried. 

Councilor KELLY moved to amend the order further 
by adding the words "not to exceed $250 per meeting for 
interpreters." 

The motion was carried. 

On motion of Councilor YANCEY, the rules were sus- 
pended; the order, as amended, was passed. 



ORDER THAT BOSTON HOUSING AUTHORITY 
SHALL CONTINUE THE EXISTING YOUTH 
WORKERS PROGRAMS THROUGH JUNE I, 
2002 USING MONIES FROM PRE-EXISTING 
GRANT MONIES FROM FEDERAL GOVERN- 
MENT (DOCKET NO. 0405) 

Councilors YANCEY, TURNER, ROACHE, ROSS, 
MURPHY, HENNIGAN and KELLY offered the fol- 
lowing 

Whereas, As a result of hearing held on March 25, 
2002 at the Agassiz Elementary School in Jamaica 
Plain, we find that there is no justification for termina- 
tion by the Boston Housing Authority of Youth 
Programs administered within BHA buildings; and 

Whereas, The eradication of these programs, coupled 
with recent cuts in the Massachusetts Department of 
Social Services, will result in obliteration of critical ser- 
vices in the areas of education, health, drug prevention, 
and safe havens for these disadvantaged youths and their 
families; and 

Whereas, The loss of these programs would be a trav- 
esty for Boston's young adults and may have a direct 
damaging influence on their future endeavors. Children 
living in BHA public housing are much more vulnerable 
to being swayed into participating in negative activity; 
and 

Whereas, The youth centers provide a positive alter- 
native for these children who are already lacking 
options; and 

Whereas, The proposed closing of the youth centers 
on March 3 I, 2002 by the BHA due to budget constraint 
is not a legitimate cause for termination of services; and 

Whereas, The BHA has cited the Federal 
Government's de-funding of millions of dollars from the 
BHA's capital budget as the main reason for their elimi- 
nation of the Public Housing Drug Elimination 
Program, under which the youth programs fall; and 

Whereas, The BHA has received substantial monies 
from the Federal Government for youth programs but 
has not spent all of the fiinds, which funds may be mil- 
lions. Therefore be it 

Ordered, That the Boston Housing Authority shall 
continue the existing youth workers programs through 
June I, 2002 using the monies from preexisting grant 
monies from the Federal Government. 

On motion of Councilor YANCEY, the rules were sus- 
pended; the order was passed; Yeas 10, Nays 0. 

Yeas - Councilors Feeney, Flaherty, Hennigan, 
Honan, Kelly, Murphy, Ross, Tobin, Turner, Yancey -10. 

Nays - 0. 



MARCH 27, 2002 



71 



ORDINANCE GOVERNING. RECORDING OF ALL 
PUBLIC HEARINGS IN CITY (DOCKET NO. 
0406) 

Councilors KELLY, FEENEY, HENNIGAN and 
YANCEY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE GOVERNING THE RECORDING 

OF ALL PUBLIC HEARINGS 

IN THE CITY OF BOSTON 

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

Section One: All public meetings of municipal agen- 
cies, boards, commissions amd authorities, as well as all 
public hearings conducted in city hall regarding devel- 
opment in the City of Boston and which are subject to 
the state s open meeting law, shall be recorded by audio 
and/or video, and shall be kept as part of a permanent 
record and made available to the public for a reasonable 
fee upon request. 

Section Two: A request for an audio and/or video 
recording of a hearing covered by the provisions of this 
ordinance shall be made in writing on forms approved 
by the agency, board, commission or authority, and shall 
be met within ten business days after the request is filed. 

Section Three: Said audio and/or video recordings 
shall be in a format that is in common use by consumers 
and shall not be in formats that make unique or special 
listening or viewing devices necessary. No agency, 
board, commission or authority covered by this 
ordinance shall be required to provide a format different 
than the format it has adopted as its operating taping 
system. 

Section Four: A copy of this ordinance shall be visi- 
bly posted for public viewing in an accessible and con- 
venient location within or immediately outside the 
meeting room. 

Section Five: Any person aggrieved by the failure of 
any department, agency, board, commission or authority 
to make a copy of a meeting covered by the provisions 
of this ordinance available within the time hereinabove 
specified shall have the right to seek an order in an 
appropriate court to enforce the provisions of this 
ordinance, and the city shall, in a timely fashion, reim- 
burse all reasonable costs and attorney's fees incurred in 
pursuit therein. 

Section Six: This ordinance shall take effect no later 
than thirty working days after its passage 

Referred to the Committee on Government 
Operations. 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION 17F RE IMPACT 
ADVISORY GROUPS (DOCKET NO. 0407) 

Councilor KELLY offered the following: 

Ordered, That, under the provisions of Section 1 7F 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: 

Whereas, Impact Advisory Groups (I AGs) were cre- 
ated by the mayor's executive order of October, 12, 
2000; and 

Whereas, Appointed lAG members have been autho- 
rized by a vote of the Boston Redevelopment Authority's 
Board of Directors to, in addition to other powers, miti- 
gate community benefits fi-om development of certain 
development projects; and 



Whereas, lAG meetings are alleged to be "open to the 
public" but if neighborhood residents — including 
elected officials, representatives of the established civic 
organizations as well as the immediate abutters are not 
notified of the time and place of the LAG meetings, then 
it can be assumed that said lAG meetings are, in fact, 
closed to the public; and 

Whereas, To address the perception that secret deals 
are being negotiated the following information should 
be made available under the above named provisions: 

1. The name and address of each project where lAGs 
have been formed; also, the name of the developer, or 
development team, of said project. 

2. The name and address of those who served on each 
lAG as well as who appointed the respective member. 
Also, list the qualifications or the reason why he or she 
was asked to serve. 

3. A listing of all lAG meetings, including tbe date, 
time and location of when and where each meeting was 
held including the names of all attendees. 

4. The recorded minutes of each meeting. 

5. Copies of all correspondence and/or reports indi- 
cating what mitigation measures were submitted to and 
approved by the BRA's Board of Directors as well as the 
date of said votes. 

6. Copies of all agreements indicating what mitiga- 
tion measures were submitted and approved by the 
BRA's Board of Directors as well as the dates of said 
votes. 

On motion of Councilor KELLY, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING TO ASSESS PROGRESS IN 
MEETING THE "LEADING THE WAY" 
GOALS (DOCKET NO. 0195) 

Councilor HENNIGAN called Docket No. 1 95 fi-om 
the Committee on Housing. 

Hearing no objection, the matter was before the body. 

On motion of Coimcilor HENNIGAN, the matter 
was referred to the Committee on Ways and Means. 



ORDER FOR HEARING TO DISCUSS DIFFERENT 
APPROACHES AND METHODS OF TRASH 
COLLECTION AND DISPOSAL FOR CITY 
(DOCKET NO. 0408) 

Councilors TOBIN, FLAHERTY, FEENEY, HENNI- 
GAN, ROSS, TURNER and YANCEY offered the fol- 
lowing: 

Whereas, Trash in the City of Boston is a major qual- 
ity of life issue; and 

Whereas, Many residents have concerns regarding the 
current trash collection system; and 

Whereas, Waste Management and Allied Waste 
Management currently collect and dispose of City of 
Boston trash; and 

Whereas, The City of Boston will be soliciting bids 
for a new five year trash collection and disposal contract 
this spring; Therefore be it 

Ordered, The Boston City Council conduct a hearing 
to discuss different approaches and methods of trash 
collection and disposal for the City of Boston. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER APPROVING APPROPRIATION OF 
$1,200,000 FROM INCOME OF GEORGE 
FRANCIS PARKMAN FUND TO BE 
EXPENDED UNDER DIRECTION OF COM- 
MISSIONER OF PARKS AND RECREATION 
FOR MAINTENANCE AND IMPROVEMENT 



72 



CITY COUNCIL 



OF BOSTON COMMON AND PARKS 
(DOCKET NO. 0142) 

Councilor TOBIN called Docket No. 0142 from the 
Committee on City and Neighborhood Services. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TOBIN, the rules were sus- 
pended; the order was passed. 



ORDINANCE AMENDING ORDINANCE SECTION 
5-3 RE: PUBLIC SAFETY COMMISSION 
(DOCKET NO. 0180) 

Councilor FEENEY called Docket No. 01 80 from the 
Committee on Government Operations. 

No objection being heard, the matter was before the 
body. 

Councilor YANCEY moved to reject Docket No. 
0180. 

The motion did not prevail: yeas 3, nays 5: 

Yeas - Councilors Hennigan, Turner, Yancey - 3. 

Nays - Councilors Feeney, Flaherty, Kelly, Ross, 
Tobin - 5. 

On motion of Councilor FEENEY, the ordinance 
was placed on file. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 



2004, will have incurred significant financial (approxi- 
mately $800,000,000) and neighborhood expense; and 

Whereas, Public authorities and developers have 
made promises to and agreements with the community 
and laws have been enacted which detail the develop- 
ment and operation of the Convention Center; and 

Whereas, Examples of such promises/agreements and 
laws involve (i) height restrictions on hotels planned for 
construction near the Convention Center and (ii) a ban 
on holding gate shows at the Convention Center; and 

Whereas, Reports have surfaced indicating that a 
study by PricewaterhouseCoopers has reduced the 
expected fifth year attendance by as much as twenty- 
five percent (25%) and that a potential tool for compen- 
sating for this shortfall is to book gate shows in contra- 
vention of promises/agreements and law; and 

Whereas, The Boston City Council has a fundamental 
obligation to protect the interests of the people of the 
City of Boston and, as a corollary, that promises to or 
agreements with the people of the City of Boston are 
scrupulously honored. Therefore be it 

Ordered, That the Boston City Council conduct a 
hearing on (i) the origin and details of the current height 
restrictions for the area around the Convention Center 
and the ban on gate shows at the Convention Center, (ii) 
the impact of lifting the current height restriction and 
ban on gate shows, (iii) a review of the details of the 
PricewaterhouseCoopers report on demand for space at 
the Convention Center, and (iv) an inventory of 
Convention Center promises, agreements, and laws. 

Referred to the Committee on Post Audit and 
Oversight. 



CONSENT AGENDA 



ORDER FOR HEARING TO DISCUSS RESIDENCY 
REQUIREMENT (DOCKET NO. 0449) 

Councilor FEENEY offered the following: 

Whereas, The City of Boston mandates that a major- 
ity of its employees must reside in the City; and 

Whereas, The restriction of residency is not enforced 
uniformly among the various city unionized employees; 
and 

Whereas, The same City unionized employees recog- 
nize the need for uniformity in the residency require- 
ment; 

Ordered, That the appropriate committee of the 
Boston City Council hold a hearing to discuss the resi- 
dency requirement; and be it further 

Ordered, That the Residency Compliance 
Commission and other relevant City departments, as 
well as unionized employees and appropriate union rep- 
resentatives, be invited to testify. 

Referred to the Committee on Government 
Operations. 



ORDER FOR HEARING RE: CONVENTION 
CENTER (DOCKET NO. 0450) 

Councilors FEENEY and HENNIGAN offered the 
following: 

Whereas, The Boston Convention and Exhibition 
Center ("Convention Center") currently under construc- 
tion in South Boston has attracted business, political, 
amd community interest since its inception; and 

Whereas, At its origin, proponents of the Convention 
Center touted an expectation of receiving as many as 
470,600 annual visitors by the fifth year of its opera- 
tions, but these estimates have recently been scaled 
back; and 

Whereas, The Convention Center, once completed in 



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

Councilor Flaherty: Congratulating Seamus Murphy 
(Docket No. 0409). 

Congratulating Sean Freyne (Docket No. 0410). 

Congratulating John Doyle (Docket No. 041 1). 

Councilor Kelly: Congratulating Courtney Cahill, 
Sanya Djurdjevic and Justine Preble (Docket No. 0412). 

Councilors Turner and Yancey: Recognizing Sister 
Dorothy Briggs (Docket No. 0413) 

Recognizing Stanley Green (Docket No. 0414). 
Recognizing Fukiau Bunseki (Docket No. 0415). 
Honoring the late Dr. Harold Hortong (Docket No. 
0416) 

Recognizing the Reverend Renee P. Womack-Keels 
(Docket No. 0417) 

Recognizing Haywood Fennel, Sr. (Docket No. 
0418). 

Councilor Murphy: Congratulating James Hanifan 
(Docket No. 0419). 

Councilor Feeney: Designating March 19, 2002 
"Senior Celebration Day" (Docket No. 0420). 

Councilor Kelly: Extending appreciation to Captain 
C.S. Sharpe and the crew of the U.S.S. Stout, DDG 55 
(Docket No. 0421). 

Congratulating the Eastern U.S. Kung-Fu Federation 
of New England and its members (Docket No. 0422). 

Councilor Honan: Congratulating Helen Lam (Docket 
No. 0423). 

Congratulating the NE Boston Ta Chen Association 
(Docket No. 0424). 

Councilors Honan and Scapicchio: Congratulating 
Joseph Faretra (Docket No. 0425). 

Councilor Murphy: Congratulating 55 persons retir- 
ing fi^om the Fire Department (Docket No. 0426). 

Councilors Yancey and Turner: Honoring the Affican 
American Labor Leaders Economic Summit (Docket 
No.0427). 

Councilor Yancey: Congratulating Reverend Dr John 



MARCH 27, 2002 73 



H. Womack, Sr. (Docket No. 0428). 

Congratulating Captain George Anthony Huggins 
(Docket No. 0429). 

Councilor Honan: Congratulating 5 persons on 
receiving the Brighton Board of Trades President's 
Award for 2002 (Docket No. 0430). 

Councilor Tobin Congratulating Eileen Hughes 
(Docket No. 0431). 

Congratulating Francis and Corinne Bonarrigo 
(Docket No. 0432). 

Councilors Tobin and Feeney: Congratulating Anna 
Moore (Docket No. 0433). 

Councilors Honan, Flaherty and Kelly: 
Congratulating Gee How Oak Tin Association (Docket 
No. 0434). 

Congratulating the Que Shing Chinese Opera Group 
(Docket No. 0435) 

Congratulating Winnie Leung (Docket No. 0436). 

Councilors Honan and Yancey: Congratulating Brad 
Jones (Docket No. 0437). 

Councilor Yancey: Congratulating the Liberian 
Community Association (Docket No. 0438). 
Congratulating Richard Saydee (Docket No. 0439). 

Councilors Yancey and Turner: In honor of Torli H. 
Krua (Docket No. 0440). 

Councilor Scapicchio: In honor of Anne Considine 
(Docket No. 0441). 

Councilor Ross: Congratulating Deanne Bonar 
(Docket No. 0442). 

Councilor Honan: Congratulating Charles R. Stith 
(Docket No. 0443). 

Congratulating Edna Devlin (Docket No. 0444). 

Congratulating Lee On Don Association (Docket No. 
0445). 

Councilor Kelly: Congratulating Tom Apprille 
(Docket No. 0446). 

Councilors Tobin, Flaherty, Hennigan, Murphy and 
Roache: Congratulating the Parkway Little League 
(Docket No. 0447). 

Councilor Flaherty: Congratulating B.C. High School 
on winning the 2002 MIAA Division lA Boys Ice 
Hockey State Championship (Docket No. 0448). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today it be to meet again on Wednesday, April 
10, 2002 at 12:30 p.m. 

The motion was carried. 



Adjourned at 3:45 p.m. to meet again on Wednesday, 
April 10, 2002 at 12:30 p.m. 



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



D 



I 



I 



«l 



CITY COUNCIL 



75 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, April 10,2002 
Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:45 p.m.. President FLAHERTY in the chair and all 
members present. 



INVOCATION 

Reverend Gerard Pemo, St. Thomas Aquinas Church, 
delivered the invocation, and the meeting was opened 
with the pledge of allegiance to the flag. 



VISITORS TO CITY COUNCIL 

President FLAHERTY introduced and welcomed stu- 
dents from Boston University's Journalist program 
reminding them to always "print the truth." 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $738,791 TO COVER FY02 COSTS 
IN PUBLIC HEALTH COMMISSION OF COL- 
LECTIVE BARGAINING AGREEMENT WITH 
SEIU LOCAL 285 (DOCKET NO. 0451) 

The following was received: 

City of Boston 
Office of the Mayor 

April 2, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a supplemental 
appropriation, totalling $738,791, to cover the FY02 
costs in the Public Health Commission of the collective 
bargaining agreement with SEIU local 285. 

An order for a supplemental appropriation and 
approval of the contract was passed at the very end of 
FYOl. The timing of that approval did not allow for the 
FY02 costs of the increase to be included in the FY02 
Public Health Commission budget that was submitted to 
the City Council on June 26, 2001 . 

Funding for this supplemental appropriation will 
come from receipts that have exceeded the estimate for 
Fines & Costs - Registry of Motor Vehicles used to set 
the FY02 tax rate. The annual estimate had been 
reduced due to information received at the time of tax 
rate submittal to the Department of Revenue that the 
state agency. Registry of Motor Vehicles, fi-om which 
the revenue is received would withhold further pay- 
ments due to budgets cuts in that agency. Subsequently 
we have seen that this has not been the case and that pay- 
ments have continued to come in. These receipts are 
now available to fund this supplemental appropriation 
request. 

I respectfully request your favorable action on this 
important matter 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal year commencing July 1, 2001 and ending 
June 30, 2002, the following sum be, and hereby is 
appropriated, said sum to be met by available funds: 

2002-100-620100-56200 Public Health Commussion $738,791 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $5,420.80 
FROM ATTORNEY GENERAL'S OFFICE 
GROVE HALL SNI/WEED AND SEED INITIA- 
TIVE TO SUPPORT BEAT TEAM SUPERVI- 
SOR ATTENDANCE AT COMMUNITY MEET- 
INGS IN TARGETED NEIGHBORHOODS 
(DOCKET NO. 0452) 

The following was received: 

City of Boston 
Office of the Mayor 

March 25, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $5,420.80 in the form of an Attorney 
General's Office Grove Hall SNI/Weed and Seed grant 
award to the Boston Police Department, for the purpose 
of supporting beat team supervisor attendance at com- 
munity meetings in the targeted neighborhoods. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Whereas, The Massachusetts Attorney General's 
Office, has authorized the issuance of ftinds to the 
Boston Police Department; and 

WHEREAS, The ftinds in the amount of $5,420.80 
will be utilized by the Boston Police Department to sup- 
port beat team supervisor attendance at community 
meetings for the Grove Hall SNI/Weed and Seed 
Initiative; now, therefore be it 

Ordered: That the Mayor, acting on behalf of the City 
of Boston be, and hereby is authorized, to accept and 
expend the Attorney General's Office award not to 
exceed the amount of $5,420.80 

Referred to the Committee on Public Safety. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: IMPACT ADVISORY GROUP (DOCKET 
NO. 0453) 

The following was received: 

City of Boston 
Oif ice of the Mayor 

April 5, 2002 
To the City Council. 
Dear Councillors: 

Relative to Section 17F request passed by your 
Honorable Body on March 27, 2002 re: impact 
Advisory Groups, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on File. 



ORDER FOR ANNUAL APPROPRIATION TAX 
ORDERS FOR FY03 (DOCKET NO. 0454) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9. 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith my Recommended Budget for 
Fiscal Year 2003 for the City of Boston and County of 



76 CITY COUNCIL 



Suffolk. The Recommended Operating Budget totaling 
$1.8 billion is less than one percent greater than the 
Fiscal Year 2002 Budget. 

This year, balancing the city budget was particularly 
challenging due to the anticipated massive cut in state 
aid, our second largest source of revenue. You will note 
that the budget increase for this year is the smallest 
increase in the last decade. Despite the challenges faced 
during its formulation, the Recommended Budget for 
Fiscal Year 2003 as submitted is soundly balanced 
within the City's available resources. 

With almost no revenue growth over FY02 and rising 
fixed costs, all departments have been impacted. This 
budget represents some tough choices, and is the result 
of a comprehensive review of existing revenues and 
expenditures. It provides a responsible allocation of the 
City's available resources. 

Boston's challenges are not unique. Every city across 
this country is feeling the impact of these difficult 
times. Even though the era of surpluses and increased 
revenue has ended, it does not mean that we can stop 
planning for Boston's future. The City has to work 
harder, smarter, and better to move things forward, and 
the Recommended Budget for FY03 represents a solid 
foundation on which we can build for the future. New 
revenue streams, such as a one percent meals tax and 
rent for telecommunications companies to use the City's 
right of way, are an integral part of planning for the 
future. 

This budget reaffirms my commitment to the basic 
needs and services that make city living worthwhile. It 
reflects consolidations that allow the City to work 
harder and smarter to move Boston forward. These 
changes contribute to the better coordination of cross- 
cutting City programs and the continual improvement of 
service delivery. 

I look forward to working with you during this 
process and I respectfully request your favorable action 
on the Fiscal Year 2003 Operating Budget and the Five 
Year Capital Plan for FY03 to FY07. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Appropriation and Tax Order for the fiscal year 
Commencing July 1 , 2002 and ending June 30, 2003 
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, 2002 and ending June 30, 
2003, the respective sums of money specified to the 
schedule 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 designated 
and, except for transfers lawfully made, for such pur- 
poses only; said appropriations, to the extent they are for 
the maintenance and operation of parking meters, and 
the regulation of parking and other activities incident 
thereto (which is hereby determined to be $10,000,000), 
being made out of the income from parking meters and, 
to the extent they are for other purposes, being made out 
of the proceeds from the sale of tax title possessions and 
receipts from tax title redemptions in addition to the 
total real and personal property taxes of prior years col- 
lected from July 1, 2001 up to and including March 31, 
2002, as certified by the City Auditor under Section 23 
of Chapter 59 of the General Laws, and out of available 
funds on hand July 1 , 2002, as certified by the Director 
of Accounts under said Section 23, and the proceeds 
from the sale of surplus property to be transferred in an 
amount not to exceed $ 1 ,876,000 pursuant to the provi- 
sions of Section 24 of Chapter 190 of the Acts of 1982 
as amended by Section 4 of Chapter 70 1 of the Acts of 
1986, and the balance of said appropriations to be raised 
by taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: 



f) 



APRIL 10, 2002 



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CITY COUNCIL 



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APRIL 10, 2002 



79 



FURTHER ORDERED: II, That to meet so much of 
the expenses of maintaining, improving and embellish- 
ing in the fiscal period commencing July 1, 2002 and 
ending June 30, 2003, 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 3 1 , 200 1 , 
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 direction of the 
Commissioner of Parks and Recreation: 

400100 

Cemetery Division 

Parks and Recreation Department 

$1,849,004 

Referred to the Committee on Ways and Means. 



V) 



)) 



ORDER FOR ANNUAL APPROPRIATION FOR 
SCHOOL DEPARTMENT FOR FY03 
(DOCPCET NO. 0455) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith an appropriation order for the 
Boston Public Schools for FY03 in the amount of 
$639,729,201, submitted pursuant to the provisions of 
Chapter 224 of the Acts of 1936, as amended by Chapter 
190 of the Acts of 1982, as further amended by Chapter 
701 of the Acts of 1986, Chapter 613 of the Acts of 
1987, and Chapter 108 of the Acts of 1991. 

Since I became Mayor, there has been a 56.7% 
increase in the City's investment of operating resources 
in education. This investment is beginning to show 
returns, yet our work is not over. This budget, which is 
level funded with FY02, continues my strong commit- 
ment to focus on our children's educational success. 

It has been and will continue to be a year of difficult 
decisions, where no one department can be spared. The 
Superintendent and Boston School Committee, along 
with parents, have worked hard to preserve areas that 
will have the most direct impact on students. This bud- 
get succeeds in providing funds to restore eighty-eight 
teacher positions that had initially been targets for 
reduction. It also maintains the schedule of planned 
class size reductions across all grade levels, and pro- 
vides MBTA passes to our students that rely on public 
transportation to get to and from school. 

My commitment to schools is also illustrated through 
the City's Five Year Capital Plan. The City of Boston 
FY03-FY07 Capital Plan includes authorization for 
design of a major renovation and addition at the Burke 
High School. I continue to direct resources toward the 
improvement and maintenance of schools, including 
investment in school technology. 

The Boston School Committee and the 
Superintendent have submitted a budget that balances 
competing priorities within available resources. I am 
confident that this budget allows us to continue the 
progress we have made; yet we must strive to work 
together and keep the momentum. 1 respectfiilly request 
your support of the FY03 appropriation for the Boston 
Public Schools. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



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, Chapter 613 of the Acts of 1987, and 



Chapter 108 of the Acts of 1991, to meet the current 
operating expenses of the School Department in the fis- 
cal period commencing July 1, 2002 and ending June 
30, 2003, the sum of $639,729,201 be, and the same 
hereby is, appropriated, said sum to be raised by taxation 
pursuant to Section 23 of Chapter 59 of the General 
Laws: 

Boston School Department $639,729,201 

Referred to the Committee on Ways and Means. 



ORDINANCE REVISING CERTAIN FINES AND 
FEES OF TRANSPORTATION DEPARTMENT 
(DOCKET NO. 0456) 

The following was received: 

City of Boston 
Office of the Mayor 

April 8, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Ordinance to 
increase the fine for parking in a handicapped or dis- 
abled parking spot from $75 to $120. The late penalty 
will be increased from $25 to $40. 

The purpose of amending the ordinance is to comply 
with Massachusetts General Laws c. 40 § 22A, which 
has been recently amended to require municipalities to 
charge a penalty of not less than $100 for illegal parking 
to handicapped / veteran spots. The Boston 
Transportation Department has determined that the fine 
should be changed to $120. 

I request that your Honorable Body approve this 
Ordinance at your earliest convenience so that the City 
of Boston will be in compliance with G.L. c. 40 § 22A. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



City of Boston 
In The Year Two Thousand And Two 

AN ORDINANCE 

REVISING CERTAIN FINES AND FEES 

OF THE BOSTON TRANSPORTATION 

DEPARTMENT 

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

City of Boston Code, Ordinances, Chapter VI, Section 
6-6.3 is hereby amended as follows: 

(1) Paragraph (I) of said Section 6-6.3 is amended by 
striking out the words "seventy-five ($75.00) dollars" 
and inserting in place thereof the words: "one hundred 
twenty ($120.00) dollars." 

(2) Paragraph (I) of said Section 6-6.3 is amended by 
striking out the words "twenty-five ($25.00) dollars" 
and inserting to place thereof the words: "forty ($40.00) 
dollars. " 

Referred to the Committee on Government 
Operations. 



ORDINANCE AMENDING CHAPTER XVIII, FEES 
AND CHARGES (DOCKET NO. 0457) 

The following was received: 



City of Boston 
Office of the Mayor 



April 9, 2002 



80 



CITY COUNCIL 



To the City Council. 
Dear Councillors: 

1 transmit herewith an order amending CBC 
Ordinance Chapter XVII, Fees and Charges, to increase 
certain fees charged by the Inspectional Services 
Department. The order proposes increasing the fees for 
building permits as well as the fees for inspecting and 
certifying the accuracy of measuring devices such as 
scales, weights, meters and counting devices. Included 
in the order is a proposal to raise building permits from 
seven dollars per one thousand dollars of work autho- 
rized by a building permit to ten dollars per one thou- 
sand dollars of work. Increases proposed for various 
measuring devices range from five dollars to twenty- 
five dollars. These fee increases are justifiable; they 
have not been increased since 1990 although the cost of 
providing the services covered by these fees has 
increased. 

I respectfully request your support of this order 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



City of Boston 
In The Year Two Thousand And Two 

AN ORDINANCE 

FEES AND CHARGES 

CITY OF BOSTON CODE ORDINANCES 

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

Section 1. City of Boston Code Ordinances Chapter 
XVIII Section 18-1 B.27 is hereby amended at 
Paragraph 27 by deleting in line 6 the words: "a fee of 
seven ($7.00) dollars for each thousand ($1000.00) dol- 
lars of the first one hundred thousand ($100,000.00) 
dollars of the fair cost of the work to be authorized by 
such permit as determined by said Commissioner; and 
ten ($10.00) dollars for each thousand ($1,000.00) dol- 
lars of such cost in excess of one hundred thousand 
($100,000.00) dollars as determined by said 
Commissioner" and inserting in their place words as fol- 
lows: 

"a fee of ten ($10.00) dollars for each thousand 
($1000.00) dollars of the fair cost of the work autho- 
rized by such permit as determined by said 
Commissioner." City of Boston Code Ordinances 
Chapter XVIII Section 18- IB is hereby fiirther amended 
at Paragraph 27 by deleting the words: "seven ($7.00) 
dollars" in line 46 and inserting in their place the fol- 
lowing words: 
"ten ($10.00) dollars" 

Section 2. City of Boston Code Ordinances, Chapter 
XVIII, Section 18-1.23 "W" Fees and Charges are 
hereby amended at Paragraph 4 by deleting the words: 
"4. Weights and Measures; adjustment of The charge 
for the repair, alteration, or adjustment of any weight, 
scale, balance, measure, or measuring device shall be a 
minimum often ($10.00) dollars and ten ($10.00) dol- 
lars for each fifteen (15) minutes or fractions there- 
after." 

And inserting in their place the following words: 
"4. Weights and Measures; Adjustment of The charge 
for the repair, alteration, or adjustment of any weight, 
scale, balance, measure, or measuring device shall be a 
minimum of twenty ($20.00) dollars and twenty 
($20.00) dollars for each fifteen (15) minutes or frac- 
tions thereafter" 

City of Boston Code Ordinances Chapter XVIII, 
Section 18-1.23 is hereby amended at Paragraph 5 by 
deleting the entire Section and inserting the following 
new section: 

"5. Weights and Measures; Sealing of The fee for the 
sealing of a weight or measure under Sections 41 to 53 
inclusive, or any of them, of Chapter 98 of the General 



Laws shall be: 

(a) in the case of a machine or other mechanical device 
used for determining linear or area measurement, fifteen 
($15.00) dollars; and 

(b) in the case of liquid capacity measure (other than a 
vehicle tank) with a measuring capacity of less than one 
(1) gallon, one ($1.00) dollar; with a measuring capac- 
ity of one ( 1 ) gallon or greater but less than ten ( 1 0) gal- 
lons, twenty ($20.00) dollars; and with a measuring 
capacity often (10) gallons or greater, fifty ($50.00) 
dollars; and 

(c) In the case of a liquid measuring meter (other than 
those fiirther specified) having an inlet pipe with a 
diameter of one ( 1 ") inch or less, twenty ($20.00) dol- 
lars; and in the case of such a meter having an inlet pipe 
with a diameter of more than one ( 1 " ) inch, but not more 
than four (4") inches, fifty ($50.00) dollars; and in a 
case of such a meter having an inlet pipe with a diame- 
ter of more than four (4") inches, seventy-five ($75.00) 
dollars; and in the case of as vehicle tank meter more 
than one (1") inch but less than four (4") inches, fifty 
($50.00) dollars; and four (4) inches or greater seventy- 
five ($75.00) dollars; and in the case of gravity meters, 
twenty ($20.00) dollars; in the case of gasoline meters 
for retail, twenty ($20.00) dollars; and in the case of oil 
and grease meters, fifteen ($15.00) dollars; and 

(d) in the case of milk and cream bottles and jars, 
twenty-five ($25.00) dollars per gross; and 

(e) in the case of a scale or a balance with a weighing 
capacity of one hundred (100) pounds or less, twenty 
($20.00) dollars, in the case of a scale or balance with a 
weighing capacity of greater than one hundred (100) 
pounds, but less than five thousand (5,000) pounds, 
thirty ($30.00) dollars; and in the case of a scale or bal- 
ance having a weighing capacity of five thousand 
(5,000) pounds, or 

(f) greater but less than ten thousand (10,000) pounds, 
sixty ($60.00) dollars; and in the case of a scale or bal- 
ance with a weighing capacity often thousand (10,000) 
pounds or greater, one hundred-twenty- five ($125.00) 
dollars; and 

(g) in the case of a taximeter or measuring device upon 
a vehicle to determine the cost of transportation, thirty 
($30.00) dollars; and 

(h) in the case of vehicle tank used in the sale of a com- 
modity by liquid measure and having a single compart- 
ment, and in the case of each compartment of a vehicle 
tank so used having two (2) or more compartments, a 
primary fee of fifty ($50.00) dollars, and an additional 
fee often ($10.00) dollars for each one hundred (100) 
gallons or fraction thereof of capacity; and 
(i) in the case of weights up to and including ten (10) 
pounds, twenty ($20.00/ per set) dollars; in the case of 
weights greater than ten (10) pounds, up to and includ- 
ing fifty (50) pounds, twenty ($20.00) dollars per 
weight; in the case of weights over fifty (50) pounds, 
thirty ($30.00) dollars per weight; and 
(j) In the case of a machine or other mechanical device 
used for counting, fifteen ($15.00) dollars." 

Referred to the Committee on Government 
Operations. 



ORDER FOR LOAN OF $4,860,000 FOR CON- 
STRUCTION OR RECONSTRUCTION OF 
BRIDGES OF STONE OR CONCRETE OR OF 
IRON SUPERSTRUCTURE AND/OR FOR 
ORIGINAL CONSTRUCTION OF PUBLIC 
WAYS OR EXTENSION OR WIDENING 
THEREOF, INCLUDING LAND DAMAGES 
AND COST OF PAVEMENT AND SIDE- 
WALKS LAID AT TIME OF SAID CON- 
STRUCTION OF STONE, BLOCK, BRICK, 
CEMENT CONCRETE, BITUMINOUS CON- 
CRETE, BITUMINOUS MACADAM OR 
OTHER PERMANENT PAVEMENT OF SIMI- 
LAR LASTING CHARACTER FOR PUR- 



APRIL 10, 2002 



81 



POSES OF NEIGHBORHOOD DEVELOP- 
MENT AND PUBLIC WORKS DEPART- 
MENTS (DOCKET NO. 0464) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $4,860,000 for the construction 
or reconstruction of bridges of stone or concrete or of 
iron superstructure and/or for the original construction 
of public ways or the extension or widening thereof, 
including land damages and the cost of pavement and 
sidewalks laid at the time of said construction, or for the 
construction of stone, block, brick, cement concrete, 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the Neighborhood Development and Public 
Works Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Four Million Eight Hundred 
Sixty Thousand Dollars ($4,860,000) be, and hereby is, 
appropriated for the construction or reconstruction of 
bridges of stone or concrete or of iron superstructure 
and/or for the original construction of public ways or the 
extension or widening thereof, including land damages 
and the cost of pavement and sidewalks laid at the time 
of said construction, or for the construction of stone, 
block, brick, cement concrete, bituminous concrete, 
bituminous macadam or other permanent pavement of 
similar lasting character for the purposes of the 
Neighborhood Development and Public Works 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (4) and/or Clause (5) of Section 
7 of Chapter 44 of the General Laws, to issue fi-om time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. 

Attachment 

1 . Long Island Bridge Rehabilitation 

2. American Legion Bridge 

3. Bridge Engineering Overview FY03 

4. Congress Street Bridge 

5. McArdle Bridge 

6. North Washington Street Bridge 

7. North Washington Street Bridge 

8. Sullivan Square Overpass 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $22,490,000 FOR REMOD- 
ELING, RECONSTRUCTING, MAKING 
EXTRAORDINARY REPAIRS TO EXISTING 
FACILITIES INCLUDING ORIGINAL EQUIP- 
MENT AND LANDSCAPING, PAVING AND 
OTHER SITE IMPROVEMENTS INCIDENTAL 
OR DIRECTLY RELATED TO SUCH REMOD- 
ELING, RECONSTRUCTION OR REPAIR FOR 
PURPOSES OF SCHOOL DEPARTMENT 
(DOCKET NO. 0458) 



To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $22,490,000 for the remodeling, 
reconstructing, making extraordinary repairs to existing 
facilities including original equipment and landscaping, 
paving and other site improvements incidental or 
directly related to such remodeling, reconstruction or 
repair for the purposes of the School Department. 
I urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Twenty Two Million Four 
Hundred Ninety Thousand Dollars ($22,490,000) be, 
and hereby is, appropriated for remodeling, reconstruct- 
ing, making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of the School Department; and that to meet 
said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause 
(3 A) of Section 7 of Chapter 44 of the General Laws, to 
issue fi-om time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Blackstone School Roof, Masonry, Windows 

2. Boston Arts Academy - Windows/Masonry 

3. Boston Latin Academy 

4. Burke High School 

5. Critical Facility Repairs FY03 

6. Dickerman School 

7. Ellis School 

8. Fifield School Masonry 

9. Fire Alarm Replacement at 6 Schools 

10. Hennigan School HVAC 

11. Humphrey O.R.C. 

12. Jackson Mann School Waterproofing 

13. Lewenberg School 

14. Madison Park High School HVAC 

15. McCormack School Windows 

16. Mission Hill School Heating System 

17. Mission Hill School Windows 

18. Ohrenberger School 

19. Ohrenberger School Boiler 

20. Quincy School 

21. Robert Shaw School 

22. Roosevelt School 

23. South Boston High School II 

24. Technology Upgrades 

25. Tynan School 

26. Umana Barnes School 

27. West Roxbury High School HVAC 

28. Wheatley School 

29. Wheatley School 

30. Winship School 

3 1 . Young Achievers Pilot School II 

Referred to the Committee on Wavs and Means. 



The following was received: 

City of Boston 
Office of the Mayor 



April 9, 2002 



ORDER FOR LOAN OF $13,660,000 FOR ORIGINAL 
CONSTRUCTION OF PUBLIC WAYS OR 
EXTENSION OR WIDENING THEREOF, 
INCLUDING LAND DAMAGES AND COST 
OF PAVEMENT AND SIDEWALKS LAID AT 
TIME OF SAID CONSTRUCTION OR FOR 
CONSTRUCTION OF STONE. BLOCK, 
BRICK, CEMENT CONCRETE, BITUMINOUS 
CONCRETE, BITUMINOUS MACADAM OR 
OTHER PERMANENT PAVEMENT OF SIMl- 



82 



CITY COUNCIL 



LAR LASTING CHARACTER FOR PUR- 
POSES OF PUBLIC WORKS AND TRANS- 
PORTATION DEPARTMENTS (DOCKET NO. 
0459) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $13,660,000 for the original con- 
struction of public ways or the extension or widening 
thereof including land damages and the cost of pave- 
ment and sidewalks laid at the time of said construction, 
or for the construction of stone, block, brick, cement 
concrete, bituminous concrete, bituminous macadam or 
other permanent pavement of similar lasting character 
for the purposes of the Public Works and Transportation 
Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered; That the sum of Thirteen Million Six 
Hundred Sixty Thousand Dollars ($13,660,000) be, and 
hereby is, appropriated for the original construction of 
public ways or the extension or widening thereof, 
including land damages and the cost of pavement and 
sidewalks laid at the time of said construction, or for the 
construction of stone, block, brick, cement concrete, 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the Public Works and Transportation 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (5) of Section 7 of Chapter 44 
of the General Laws, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1. Belden Street 

2. Boylston Street 

3. Cambridge Street 

4. Centre Street Phase II 

5. Columbia Road Median Removal 

6. Edward Everett Square 

7. General Heath Square 

8. Huntington Avenue 

9. Massachusetts Avenue 

10. Maverick Gardens Phase I 

1 1 . Maverick Gardens Phase II 

1 2. Roadway Reconstruction FY02 

13. Roadway Resurfacing FY04 

14. West Broadway BHA Roadway Infrastructure 

15. Business Districts/Main Streets Implementation 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $2,020,000 FOR PURPOSE 
OF COST OF DEPARTMENTAL EQUIPMENT 
TO SERVICE FIRE DEPARTMENT (DOCKET 
NO. 0460) 

The following was received: 



To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $2,020,000 for the purpose of the 
cost of departmental equipment to service the Fire 
Department. 

I urge your Honorable Body to pass this order. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Two Million Twenty 
Thousand Dollars ($2,020,000) be, and hereby is, 
appropriated for the cost of departmental equipment for 
the purposes of the Fire Department; and that to meet 
said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause (9) 
of Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Fire Equipment F Y03 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $205,000 FOR DEVELOP- 
MENT, DESIGN, PURCHASE, INSTALLA- 
TION AND OPERATION OF COMPUTER 
HARDWARE, COMPUTER SOFTWARE, 
OTHER DATA PROCESSING EQUIPMENT 
AND COMPUTER ASSISTED INTEGRATED 
FINANCIAL MANAGEMENT AND AC- 
COUNTING SYSTEMS FOR PURPOSE OF 
SCHOOL DEPARTMENT (DOCKET NO. 0461) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



April 9, 2002 



City of Boston 
Office of the Mayor 



April 9, 2002 



I transmit herewith for your approval an appropriation 
order in the amount of $205,000 for the development, 
design, purchase, installation and operation of computer 
hardware, computer software, other data processing 
equipment and computer assisted integrated financial 
management and accounting systems, for the purpose of 
the School Department. 

I urge your Honorable Body to pass this order. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the sum of Two Hundred Five 
Thousand Dollars ($205,000) be, and hereby is, appro- 
priated for the development, design, purchase, installa- 
tion and operation of computer hardware, computer 
software, other data processing equipment and com- 
puter assisted integrated financial management and 
accounting systems, for the purpose of the School 
Department; and that to meet said appropriation the 
Collector/Treasurer be; and hereby is, authorized under 
the provisions of Clause (28) and/or (29) of Section 7 of 
Chapter 44 of the General Laws, to issue fi-om time to 
time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 



APRIL 10, 2002 



83 



amount, provided that the appropriation authorized be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Computer Technology F Y03 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $280,000 FOR DEVELOP- 
ING LAND FOR BURIAL PURPOSES AND 
FOR CONSTRUCTING PATHS, AVENUES 
AND EMBELLISHING GROUNDS IN CITY- 
OWNED CEMETERIES (DOCKET NO. 0462) 



The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Coimcillors: 



April 9, 2002 



I transmit herewith for your approval an appropriation 

order in the amount of $280,000 for developing land for 

burial purposes and for constructing paths and avenues 

and embellishing the grounds in city owned cemeteries. 

I urge your Honorable Body to pass this order. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the sum of Two Hundred Eighty 
Thousand Dollars ($280,000) be, and hereby is, appro- 
priated for developing land for burial purposes and for 
constructing paths and avenues and embellishing the 
grounds in city owned cemeteries, under the manage- 
ment of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(20) 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, provided that the appropriation authorized 
be expended only on those projects as described by 
name attached herein. 

Attachment 

1. Historic Cemeteries FY02-04 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $9,715,000 FOR REMODEL- 
ING, RECONSTRUCTING, MAKING EXTRA- 
ORDINARY REPAIRS TO EXISTING FACILI- 
TIES INCLUDING ORIGINAL EQUIPMENT 
AND LANDSCAPING, PAVING AND OTHER 
SITE IMPROVEMENTS INCIDENTAL OR 
DIRECTLY RELATED TO SUCH REMODEL- 
ING, RECONSTRUCTION OR REPAIR FOR 
PURPOSES OF VARIOUS CITY DEPART- 
MENTS, INCLUDING FIRE, LIBRARY, MAN- 
AGEMENT INFORMATION SERVICES, 
NEIGHBORHOOD DEVELOPMENT, PARKS 
AND RECREATION, PROPERTY AND CON- 
STRUCTION MANAGEMENT, PUBLIC 
HEALTH COMMISSION AND TRANSPORTA- 
TION DEPARTMENTS (DOCKET NO. 0463) 



The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $9,715,000 for the remodeling, 
reconstructing making extraordinary repairs to existing 
facilities including original equipment and landscaping, 
paving and other site improvements incidental or 
directly related to such remodeling reconstruction or 
repair for the purposes of various city departments 
including the Fire, Library, Management Information 
Services, Neighborhood Development, Parks and 
Recreation, Property and Construction Management, 
Public Health Commission and Transportation 
Departments. 

I urge your Honorable Body to pass this order. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Nine Million Seven 
Hundred Fifteen Thousand Dollars ($9,7 1 5,000) be, and 
hereby is, appropriated for remodeling, reconstructing, 
making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of various city departments including the 
Fire, Library, Management Information Services, 
Neighborhood Development, Parks and Recreation, 
Property and Construction Management, Public Health 
Commission and Transportation Departments; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(3 A) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Critical Facility Repairs FY03 

2. Engine 1 8 

3. Engine 24 

4. Engine 30 

5. Exterior Repairs at 5 Fire Stations 

6. Connolly Branch Library 

7. Critical Facility Repairs FY03 

8. Roof Repairs at 5 Branches 

9. MIS Computer Room 

10. Long Island Facilities / Utilities 

1 1 . George Wright Maintenance Building 

12. City Hall Roof 

13. Critical Facility Repairs FY03 

14. Long Island Administration Building Roof 

15. Southampton Street Maintenance Building 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $3,240,000 FOR STREET 
LIGHTING INSTALLATION AND TRAFFIC 
SIGNAL EQUIPMENT FOR PURPOSES OF 
PUBLIC WORKS AND TRANSPORTATION 
DEPARTMENTS (DOCKET NO. 0465) 

The following was received: 



City of Boston 
Office of the Mayor 



April 9, 2002 



To the City Coimcil. 
Dear Councillors: 



April 9, 2002 



84 



CITY COUNCIL 



I transmit herewith for your approval an appropriation 
order in the amount of $3,240,000 for street Hghting 
installation and traffic signal equipment for the pur- 
poses of the Public Works and Transportation 
Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Three Million Two Hundred 
Forty Thousand Dollars ($3,240,000) be, and hereby is, 
appropriated for street lighting installation and traffic 
signal equipment for the purposes of the Public Works 
and Transportation Departments; and that to meet said 
appropriation the Collector/Treasurer be, and hereby is, 
authonzed under the provisions of Clause (14) of 
Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Street Lighting Installation FY03 

2. Traffic Signal Equipment FY03-07 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $810,000 FOR PURPOSE OF 
PLANNING, DESIGNING, ACQUIRING 
LAND FOR, CONSTRUCTING AND ORIGI- 
NALLY EQUIPPING STRUCTURES AND 
FACILITIES AND FOR REMODELfNG, 
RECONSTRUCTING OR MAKING MAJOR 
ALTERATIONS, ADDITIONS AND MAJOR 
REPAIRS TO EXISTING FACILITIES FOR 
PURPOSES OF NEIGHBORHOOD DEVELOP- 
MENT AND PARKS AND RECREATION 
DEPARTMENTS (DOCKET NO. 0466) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $8 1 0,000 for the purpose of plan- 
ning, designing, acquiring land for, constructing and 
originally equipping structures and facilities and for 
remodeling, reconstructing, or making major alter- 
ations, additions and major repairs to existing facilities 
for the purposes of the Neighborhood Development and 
Parks and Recreation Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Eight Hundred Ten 
Thousand Dollars ($810,000) be, and hereby is, appro- 
priated for the planning, designing, acquiring land for, 
constructing and originally equipping structures and 
facilities and for remodeling, reconstructing, or making 
major alterations, additions and major repairs to existing 
facilities including original equipment and landscaping, 
including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction or repair for the purposes of 
the Neighborhood Development and Parks and 
Recreation Departments, and that to meet said appropri- 
ation the Collector/Treasurer be, and hereby is, autho- 



rized under the provisions of Chapter 642 of the Acts of 
1 966, as amended, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on the project as described by name 
attached herein. 

Attachment 

1 . Long Island Pier Facility 

2. Street Tree Planting FY02 04 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $8,645,000 FOR PURPOSE 
OF CONSTRUCTION OF MUNICIPAL OUT- 
DOOR RECREATIONAL AND ATHLETIC 
FACILITIES INCLUDING ACQUISITION AND 
DEVELOPMENT OF LAND AND CON- 
STRUCTION AND RECONSTRUCTION OF 
SUCH FACILITIES FOR PURPOSES OF 
PARKS AND RECREATION DEPARTMENT 
(DOCKET NO. 0467) 

The following was receiving: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Coimcil. 
Dear Councillors: 

I transmit herewith for your approval an appropriation 
order in the amount of $8,645,000 for the purpose of the 
construction of municipal outdoor recreational and ath- 
letic facilities, including the acquisition and develop- 
ment of land and the construction and reconstruction of 
such facilities, for the purposes of the Parks and 
Recreation Department. 

I urge your Honorable Body to pass this order. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the sum of Eight Million Six Hundred 
Forty Five Thousand Dollars ($8,645,000) be, and 
hereby is, appropriated for the construction of municipal 
outdoor recreational and athletic facilities, including the 
acquisition and development of land and the construc- 
tion and reconstruction of such facilities, for the pur- 
poses of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/ Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(25) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Christopher Columbus Park (Waterfront) 

2. Court Renovations FY03 

3. Dorothy Curran Playlot 

4. English High Field 

5. General Parks Improvements FYOl-04 

6. George Wright Golf Course 

7. Harambee Park 

8. Joe Moakley Park Synthetic Turf 

9. McLaughlin Playground 

10. Muddy River Stormwater Controls and Dredging 

Referred to the Committee on Ways and Means. 



APRIL 10, 2002 



85 



ORDER AUTHORIZING CITY TO ENTER INTO 
ONE OR MORE LEASE, LEASE-PURCHASE 
OR INSTALLMENT SALES AGREEMENTS 
IN FY03 IN AMOUNT NOT TO EXCEED 
$3,500,000 AND IN FY04 IN AMOUNT NOT 
TO EXCEED $5,000,000 FOR DIFFERENT 
CITY DEPARTMENTS FOR ACQUISITION OF 
EQUIPMENT IN FURTHERANCE OF THEIR 
RESPECTIVE GOVERNMENTAL FUNC- 
TIONS (DOCKET NO. 0468) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston to enter into one or more lease, 
lease-purchase or installment sales agreements in Fiscal 
Year 2003 in an amount not to exceed $3,500,000 and in 
Fiscal Year 2004, in an amount not to exceed 
$5,000,000. These funds will be used by different City 
departments for the acquisition of equipment in further- 
ance of their respective governmental fiinctions. The list 
of equipment includes: computer equipment (hardware 
and software), motor vehicles and trailers, firefighting 
equipment, office equipment, photocopying equipment, 
telecommunications equipment, medical equipment, 
school and educational equipment, school buses, park- 
ing meters, and equipment functionally related to, . and 
components of, the foregoing. 

I urge your Honorable Body to pass this order as 
expeditiously as possible to ensure the successful com- 
pletion of the equipment acquisition program. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That pursuant to section 1 1 of Chapter 643 
of the Acts of 1983, the City of Boston, acting by and 
through its Purchasing Agent and its Collector- 
Treasurer, with the approval of the Mayor, is authorized 
to acquire the following departmental equipment by 
entering into one or more lease, lease purchase or 
installment sales agreements in Fiscal Year 2003, in an 
amount not to exceed $3,500,000 and in Fiscal Year 
2004 in an amount not to exceed $5,000,000, in such 
form or forms as the Purchasing Agent and Collector- 
Treasurer may determine with the approval of the 
Mayor; computer equipment (hardware and software), 
motor vehicles and trailers, firefighting equipment, 
office equipment, photocopying equipment, telecom- 
munications equipment, medical equipment, school and 
educational equipment, school buses, parking meters, 
and equipment fijnctionally related to, and components 
of, the foregoing. 

AND FURTHER ORDERED: That pursuant to sec- 
tion 9 of Chapter 643 of the Acts of 1983, the Collector- 
Treasurer be, and hereby is, authorized to execute and 
deliver, as appropriate, on behalf of the City of Boston, 
with the approval of the Mayor, trust, security and/or 
lease agreements and/or reimbursement agreements 
with attached letters of credit, and to procure, as appro- 
priate, insurance to secure the City's obligation as autho- 
rized above, all in such form or forms as the 
Collector/Treasurer may determine with the approval of 
the Mayor 

Referred to the Committee on Ways and Means. 



(DOCKET NO. 0469) 

The following was received: 

City of Boston 
Office of the Mayor 

December 12, 2001 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston, by and through the Parks and 
Recreation Department, to accept and expend financial 
assistance from the Massachusetts Department of 
Environmental Management in an amount not to exceed 
$25,000 in fiscal year 2002. 

Through this grant, which is administered by the 
Greater Boston Urban Resources Partnership, the City 
of Boston will restore the Condor Street Beach Urban 
Wild, located along the Chelsea Creek in East Boston. 
The urban wild restoration will address a critical need to 
provide natural open space for residents of East Boston 
and will restore, preserve, and protect the significant 
scenic and environmental assets of this riverside area. 
I urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Whereas, The Greater Boston Urban Resources 
Partnership administers the Massachusetts Department 
of Environmental Management grants on behalf of the 
Commonwealth of Massachusetts; and 

Whereas, The General Court of the Commonwealth 
of Massachusetts has appropriated funding for the Fiscal 
Year 2002 for Massachusetts Department of 
Environmental Management grants under Chapter 933 
of the Acts of 1977, as amended, and the Greater Boston 
Urban Resources Partnership has accepted grant appli- 
cations from municipalities for the Massachusetts 
Department of Environmental Management grants for 
the Fiscal Years 2002; therefore, be it 

Ordered, That pursuant to M.G.L., Chapter 44, sec- 
tion 53A, the Parks and Recreation Department, on 
behalf of the City of Boston, be and hereby is, autho- 
rized to accept and expend financial assistance from the 
Greater Boston Urban Resources Partnership under 
Chapter 933 of the Acts of 1977, as amended in an 
amount not to exceed Twenty Five Thousand Dollars 
($25,000) for Fiscal Year 2002 in support of the Condor- 
Street Urban Wild Restoration Project; and in cormec- 
tion therewith to execute and deliver such documents as 
may be required by the Greater Boston Urban Resources 
Partnership as administrator of the Massachusetts 
Department of Environmental Management grant; and 
to act as the authorized representative of the City of 
Boston in connection with said application. 

Referred to the Committee on City and 
Neighborhood Services. 



JITNEY APPLICATION 
(DOCKET NO. 0470) 

Petition of Molley Jones for license to operate motor 
vehicles for the carriage of passengers for hire over cer- 
tain streets in Boston. 

Referred to the Committee on Aviation and 
Transportation. 



ORDER AUTHORIZING PARKS AND RECRE- 
ATION DEPARTMENT TO ACCEPT AND 
EXPEND GRANT OF $25,000 FROM MASSA- 
CHUSETTS DEPARTMENT OF ENVIRON- 
MENTAL MANAGEMENT FOR CONDOR 
STREET BEACH RESTORATION PROJECT 



JITNEY APPLICATION 
(DOCKET NO. 0471) 

Petition of Boxer Corporation, d/b/a Action 
Transportation, for license to operate motor vehicles for 
the carriage of passengers for hire over certain streets in 
Boston. 



86 



CITY COUNCIL 



Referred to the Committee on Aviation and 
Transportation. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO gave a brief update of the 
Boston Housing Trust Fund stating they have given out 
in the past two weeks 3.5 million dollars and they are 
hopefully going to see the creation of 333 aflfordable 
housing units in the City of Boston generated by the 
linkage program. 



ABSENCE OF THE MAYOR 
(DOCKET NO, 0472) 

Notice was received from the Mayor of his absence 
from the City on March 27, 2002. 
Placed on file. 



NOTICE FROM DONNA M. MUELLER, EXECU- 
TIVE OFFICER, BOSTON RETIREMENT 
BOARD, RE: HEARING ON COST OF LIVING 
ADKfSTMENT (COLA) ON MAY 7, 2002 
(DOCKET NO, 0473) 

Communication was received from Donna M. 
Mueller, Executive Officer, Boston Retirement Board, 
re: a hearing on the Cost of Living Adjustment (COLA) 
on May 7, 2002. 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS 1/30/2002 MEETING 
(DOCKET NO. 0474) 



The following was received: 

City of Boston 
Office of the City Clerk 

To the City Council. 
Dear Councilors; 



April 3, 2002 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by the 
City Council at its meeting of January 30, 2002, viz: 

0190 Constable's Bonds of Arthur Montgomery, 
Raymond Phoenix and Tracey C. Rayland-Kelley. 

Approved by the Mayor February 15, 2002. 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS 2/13/02 MEETING 
(DOCKET NO. 0475) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

April 3, 2002 
To the City Council. 
Dear Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you ofthe following actions taken 
by the Mayor with regard to the papers acted upon by the 
City Council at its meeting of February 13, 2002, viz: 



0249 Constable's Bonds of Ayubur Rahman and Jack 
Tracy. 
Approved by the Mayor March 20, 2002. 

0252 Order approving a petition for a special law rela- 
tive to civil service placement. 
Approved by the Mayor March 26, 2002 

0144 Order approving a petition for a special law re: 
granting creditable service to certain police 
officers. 
No Action To Date. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



APPROVAL OF CONSTABLE'S BOND 
(DOCKET NO. 0476) 

The Constable's Bond of Jeffrey Mathieson, having 
been duly approved by the Collector- Treasurer, was 
received and approved. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 
0477) 

Communication was received from the City Clerk of 
the filing by the Boston Redevelopment Authority ofthe 
"First Report and Decision Amendment ofthe Lafayette 
Corporation Center Chapter 121 A Project." 

On motion of Councilor FEENEY, the matter was 
referred to the Committee on Planning and 
Economic Development. 



REPORT ON PETITION OF BOXER CORPORA- 
TION, D/B/A/ ACTION TRANSPORTATION, 
FOR LICENSE TO OPERATE MOTOR VEHI- 
CLES FOR CARRIAGE OF PASSENGERS 
FOR HIRE OVER CERTAIN STREETS IN 
BOSTON (DOCKET NO. 0104) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on petition of Boxer Corporation, d/b/a/ 
Action Transportation, for license to operate motor vehi- 
cles for the carriage of passengers for hire over certain 
streets in Boston (referred December 12, 2001) - rec- 
ommending the petition be ought to be granted under 
certain conditions. 

The report was accepted; the petition was granted. 



REPORT ON PETITION OF BACK BAY COACH, 
INC. FOR LICENSE TO OPERATE MOTOR 
VEHICLES FOR CARRIAGE OF PASSEN- 
GERS FOR HIRE OVER CERTAIN STREETS 
IN BOSTON (DOCKET NO. 0105) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following; 

Report on petition of Back Bay Coach, Inc. for 
license to operate motor vehicles for the carriage of pas- 
sengers for hire over certain streets in Boston (referred 
December 12, 2001 ) - recommending the petition ought 
to be placed on file. 



file 



The report was accepted; the petition was placed on 



APRIL 10, 2002 



87 



ORDINANCE AMENDING CITY COUNCIL ELEC- 
TORAL DISTRICTS (DOCKET NO. 0478) 

Councilor TURNER offered the following: 

City of Boston 
In The Year Two Thousand And Two 

AN ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS 

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

City of Boston Code, Ordinances, Chapter Two be 
amended by striking 2-9.2 in its entirety and replacing it 
with the following new language: 

The districts redrawn under the authority of Chapter 
605 of the Acts of 1982 as amended by Chapter 343 of 
the Acts of 1986 are hereby redrawn, as follows: 

District 1 - Consisting of precincts numbered one 
through fourteen of Ward One; precincts numbered one 
through seven of Ward Two; and precincts numbered 
one through five of Ward Three. 

District 2 - Consisting of precincts numbered seven 
and eight of Ward Three; precincts numbered one 
through four of Ward Four; precinct numbered one of 
Ward Five; precincts numbered one through nine of 
Ward Six; precincts numbered one through nine of Ward 
Seven; precincts numbered one and two of Ward Eight. 

District 3 - Consisting of precinct number fifteen of 
Ward One; precincts numbered three, and six through 
ten of Ward Thirteen; precincts numbered one through 
nine of Ward Fifteen; precincts numbered one through 
twelve of Ward Sixteen; and precincts numbered four, 
and eleven through fourteen of Ward Seventeen. 

District 4 - Consisting of precincts numbered two 
through fourteen of Ward Fourteen; precincts numbered 
one through three, and five through ten of Ward 
Seventeen; and precincts numbered one through five, 
and twenty-one of Ward Eighteen. 

District 5 - Consisting of precincts numbered ten 
through twelve, sixteen through twenty, twenty-two and 
twenty-three of Ward Eighteen; and precincts numbered 
one through twenty of Ward Twenty. 

District 6 - Consisting of precincts numbered six 
through nine of Ward Ten; precincts numbered four 
through ten of Ward Eleven; precincts numbered six 
through nine, thirteen through fifteen of Ward Eighteen; 
and precincts numbered one through thirteen of Ward 
Nineteen. 

District 7 - Consisting of precincts numbered eight 
and nine of Ward Four; precinct numbered ten of Ward 
Seven; precincts numbered three through seven of Ward 
Eight; precincts numbered one through five of Ward 
Nine; precinct numbered one of Ward Ten; precincts 
numbered one through three of Ward Eleven; precincts 
numbered one through nine of Ward Twelve; precincts 
numbered one, two, four and five of Ward Thirteen; and 
precinct numbered one of Ward Fourteen. 

District 8 - Consisting of precinct number six of Ward 
Three; precincts numbered five through seven, and ten 
of Ward Four; precincts numbered two through eleven of 
Ward Five; precincts numbered two through five of 
Ward Ten; and precincts numbered one and two of Ward 
Twenty-one. 

District 9 - Consisting of precincts numbered three 
through sixteen of Ward Twenty-one; and precincts 
numbered one through thirteen of Ward Twenty-two. 

Referred to the Committee on Census and 
Redistricting. 



Councilor ROSS offered the following: 

Whereas, The budget process for the Boston City 
Council requires various corrmiittees to conduct a sig- 
nificant number of hearings in order to gather and ana- 
lyze information: and 

Whereas, The sheer number of hearings has required 
that some hearings be scheduled on Wednesdays 
throughout the budget season; and 

Whereas, Boston City Council Rule 33 prohibits 
committee meetings of the Committee of the Whole 
from being conducted on the day of any regular meeting 
of the City Council; 

Whereas, Boston City Council Rule 46 provides that 
a Rule may be suspended by a vote of two-thirds of all 
members of the Boston City Council; Therefore be it 

Ordered, That for purposes of conducting hearings. 
Rule 33 is hereby suspended for each Wednesday from 
April 10, 2002 through June 26, 2002, inclusive (specif- 
ically, April 10, April 24, May 1, May 8, May 15, May 
22, June 5, June 12, and June 26). 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING RE: CENTRAL ARTERY/ 
TUNNEL PROJECT (DEMOLITION AND 
REMOVAL OF HAZARDOUS MATERIALS) 
(DOCKET NO. 0480) 

Councilors ROACHE, SCAPICCHIO, FEENEY, 
YANCEY, TURNER, MURPHY, HONAN, HENNI- 
GAN, FLAHERTY, ROSS, TOBIN and KELLY offered 
the following: 

Whereas: The Central Artery /Tunnel Project is a mas- 
sive highway project which is reshaping the City of 
Boston's transportation system; And; 

Whereas: Demolition of the elevated Central Artery 
will take place within the next few months; And 

Whereas: The demolition work involved in this pro- 
ject will include the removal of toxins such as lead- 
based paint and asbestos; And 

Whereas: Removal of such toxins could pose a seri- 
ous health threat to the citizens of Boston living in close 
proximity to this project including surrounding neigh- 
borhoods; and therefore be it 

Ordered: The Boston City Council hold a public hear- 
ing to discuss concerns raised by Boston residents 
regarding the environmental health threat that may 
result from the demolition and removal of hazardous 
materials from the site: and therefore be it further 

Ordered: Those representatives from the Department 
of Public Health, the City of Boston Public Health 
Commission, Central Artery/Tunnel officials, environ- 
mentalists and affected City of Boston residents be 
invited to testify. 

Referred to the Committee on Aviation and 
Transportation. 



ORDER THAT RULE 33 BE SUSPENDED FOR PUR- 
POSES OF CONDUCTING HEARINGS ON 
WEDNESDAYS FROM APRIL 10, 2002 
THROUGH JUNE 26, 2002 (DOCKET NO. 
0479) 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0481) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, March 30, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Bemadette Lally, Secretary, $400.00/week, part time. 

Passed under suspension of the rules. 



88 



CITY COUNCIL 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0482) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, April 12, 
2002: 

Helena Creamer, Administrative Asst., $5,769.24/ 
week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0483) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Robert Bialka, Administrative Asst., $730.77/week, 
fiill time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0484) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 13, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, April 19, 
2002: 

Dennis P. Dwyer, Administrative Asst., $3,259.62/ 
week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0485) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, April 20, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Dennis P. Dwyer, Administrative Asst., $759.62/ 
week, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: CHAPTER 59, SEC- 
TION 57D OF THE GENERAL LAWS (A 
NOTICE OF PRELIMINARY TAX FOR REAL 
ESTATE AND PERSONAL PROPERTY SHALL 
INCLUDE AN AFFIDAVIT OF ADDRESS TO 
BE SIGNED AND SWORN TO BY OWNER OF 
RECORD OF SAID PROPERTY (DOCKET NO. 
0486) 

Councilors FEENEY, ROSS, TURNER, YANCEY, 
ROACHE, MURPHY, KELLY, HENNIGAN, FLA- 
HERTY, TOBIN and SCAPICCHIO offered the fol- 
lowing: 



Whereas: As a matter of law, in the Commonwealth, 
the ownership of real property is a matter of public 
record and when inaccurate or incomplete information 
is submitted, it can thwart the enforcement of laws that 
are needed to communicate with property owners and to 
inform owners if problems with the property arise; and 

Whereas: Chapter 59, Section 57D of the General 
Laws of Massachusetts states that, "a notice of prelimi- 
nary tax for real estate and personal property shall 
include an affidavit of address, to be signed and sworn 
to by the owner of record of said property. The affidavit 
shall include the following information: name of the 
owner, street number, street name, city or town, state, 
zip code and telephone number of said owner. In the 
event that the residence of the owner of record is located 
outside the commonwealth, he shall appoint an agent 
located within the commonwealth and the enclosed affi- 
davit shall be completed by stating the agent's full name, 
street number, street address, city or town, zip code and 
telephone number. In no event shall post office boxes be 
accepted as an address for purposes of this section; and 

Whereas: It is incumbent upon not only the property 
owner to follow these guidelines, but also the City of 
Boston to enforce this section of the law; and 

Whereas: It has come to our attention that this law is 
not being enforced as stringently as needed; therefore be 
it 

Ordered: That the appropriate committee of the 
Boston City Council hold a public hearing to investigate 
why this law is not being enforced and to develop a plan 
to bring property owners in violation into compliance; 
and be it further 

Ordered: That officials including, but not limited to, 
representatives from the Assessing Department the Law 
Department, the Registry of Deeds, and the Collector- 
Treasurer Department be invited to testify. 

Referred to the Committee on Government 
Operations. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF MICHAEL P MONAHAN AS MEMBER OF 
BOARD OF APPEAL FOR TERM EXPIRING 
MAY 1, 2004 (DOCKET NO. 0392) 

Councilor HONAN called Docket No. 0392 fi-om the 
Committee on Planning and Economic Development. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $50,000 FOR RESIDENTIAL SUBSTANCE 
ABUSE PROGRAM FOR PERIOD OF OCTO- 
BER 1, 2001 THROUGH JUNE 30, 2002 
(DOCKET NO. 0112) 

Councilor HONAN called Docket No. 01 12 from the 
Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $1,206,714 TO FUND FORENSIC ACCESS 
TO COMMUNITY SERVICES (FACS) PRO- 
GRAM FOR PERIOD OF SEPTEMBER 30, 
2001 THROUGH SEPTEMBER 29, 2004 
(DOCKET NO. 0113) 

Councilor HONAN called Docket No. 01 13 from the 
Committee on Public Safety. 



APRIL 10, 2002 



89 



No object on being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $90,000 FOR PURPOSE OF PROVIDING 
SUBSTANCE ABUSE COUNSELING SER- 
VICES FOR PERIOD OF JULY 1, 2001 
THROUGH JUNE 30, 2002 (DOCKET NO. 
0114) 

Councilor HONAN called Docket No. 01 14 from the 
Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING COMMISSIONER OF 
PARKS AND RECREATION DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$250,000 FROM EXECUTIVE OFFICE OF 
ENVIRONMENTAL AFFAIRS TO PROVIDE 
FUNDING FOR PARK IMPROVEMENTS AT 
ORCHARD PARK, ROXBURY (DOCKET NO. 
0335) 

Councilor TOBIN called Docket No. 0335 from the 
Committee on City and Neighborhood Services. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TOBIN, the order was 
passed. 



ORDER AUTHORIZING COMMISSIONER OF 
PARKS AND RECREATION DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$500,000 TO PROVIDE FUNDING FOR PARK 
IMPROVEMENTS AT MISSION HILL PLAY- 
GROUND AND RAMSAY PARK (DOCKET 
NO. 0336) 

Councilor TOBIN called Docket No. 0336 from the 
Committee on City and Neighborhood Services. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TOBIN, the order was 
passed. 



Council, to "appraise the City Council and the residents 
of Boston and others of the success of achieving the 
terms of this Order (including, without limitation, those 
terms regarding traffic, design, the environment and 
linkage), as well as expenditures for parcel acquisition, 
demolition and remediation, the status and results of the 
Large Scale Project Review Process and the MEPA 
Process, and the overall status of the Project", and 

Whereas, in the past the City Council has conducted 
public hearings pursuant to said Order which serves to 
inform South Boston residents, Boston residents and 
public officials of the overall progress of the project, 
including target completion goals, employment oppor- 
tunities, site acquisition costs, indebtedness, projected 
occupancy and community enhancement projections; 
and 

Whereas, The time is appropriate for additional hear- 
ings to publicly discuss the convention center's con- 
struction schedule in addition to two specific issues that 
are topical and timely: ( 1 ) traffic and transportation and 
the so-called "slingshot ramp"; and (2) the status of 
booked conventions, or possible uses, being considered 
by the MCCA; be it therefore 

Ordered, That the Boston City Council conduct a pub- 
lic hearing to discuss the aforementioned issues and that 
representatives of the MCCA, the BRA the Boston 
Transportation Department and all other interested par- 
ties be invited to attend. 

Referred to the Committee on Post Audit and 
Oversight. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0508) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Joseph Arangio, Secretary, $l,091.96/week, full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0509) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 5 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER THAT BOSTON CITY COUNCIL CON- 
DUCT PUBLIC HEARING RE: BOSTON CON- 
VENTION AND EXHIBITION CENTER 

Councilors KELLY, FLAHERTY, ROACHE, MUR- 
PHY, TURNER, FEENEY, HONAN, HENNIGAN, 
YANCEY, ROSS, TOBIN and SCAPICCHIO offered 
the following: 

Whereas, Article 2, §2.1, Preliminary Obligations, of 
the Order Approving the Boston Convention and 
Exhibition Center Project, calls for the Boston 
Redevelopment Authority (BRA) and the Massachusetts 
Convention Center Authority (MCCA) to meet with the 
City Council in a public hearing on a scheduled quar- 
terly basis, at a place in South Boston or at the City 



Joyce L. Holland, Secretary, $l,048.28/week, frill 
time. 

Karen M. Pinckney, Secretary, $609.77/week, full 
time. 

Kenneth W. Yarbrough, Secretary, $597.7 1/week, full 
time. 

Danielle Daddabbo, Admin. Asst., $96.00/week, part 
time. 

Louis A. Elisa, Secretary, S120.00/week, part time. 

Passed under suspension of the rules. 



ORDER FOR BOSTON CITY COUNCIL TO HOLD 
PUBLIC HEARING RE: CABLE SERVICE 
(DOCKET NO. 0510) 

Councilors FEENEY, ROACHE, MURPHY. KELLY. 
ROSS, YANCEY, SCAPICCHIO, TURNER. FLA- 
HERTY, HENNIGAN and HONAN offered the fol- 
lowing: 



90 



CITY COUNCIL 



Whereas: The poor quality of cable service and cus- 
tomer service have been a source of numerous and long- 
standing complaints; 

Whereas: AT&T Corporation assumed control of the 
franchise in January 2001 from Cablevisions Systems 
Corporation; aiid 

Whereas: AT&T Corporation and Comcast 
Corporation plan to combine their cable systems in a 
new public entity called AT&T Comcast Corporation; 
Therefore be it 

Ordered: That the appropriate Committee of the 
Boston City Council hold a public hearing to learn how 
this merged entity will improve on its lackluster track 
record and how specifically it will elevate the level of 
service offered to Boston's cable subscribers. 

Referred to the Committee on Public Utilities and 
Cable Communications. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: DRUG ELIMINATION GRANT (DOCKET 
NO. 0511) 

Councilors YANCEY, HENNIGAN, KELLY and 
ROSS offered the following: 

Ordered: That, under the provisions of Section 1 7F of 
Chapter 452 of the Act of 1948, as amended 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 . A copy of the Drug Elimination Grant received by 
the BHA, including dollars spent to date; dollar amounts 
broken down by youth workers, law enforcement and 
others including administration, and the balance remain- 
ing on the grant. 

On motion of Councilor YANCEY, the rules were sus- 
pended; the order was passed. 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
Yancey asked that when we adjourn today we do so in 
memory of Reverend Dr. Ozzie L. Edwards who many 
times offered invocations here at City Council and was 
a friend and role model to the Councilor as well as many 
others in their community. 



CONSENT AGENDA 

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

Councilor Ross: Congratulating RO. Elvin Aviles and 
P.O. John Hyslip (Docket No. 0487). 

Councilor Turner: Congratulating Charles C. Yancey 
(Docket No. 0488). Congratulating Michael Wayne 
Gaines and Sharif Rose Milton (Docket No. 0489). 

Councilors Flaherty and Murphy: Congratulating 
Laura Antonopoulos, Georgia Fotopouilos and Zina 
Varelas (Docket No. 0490). 

Councilor Feeney: Congratulating Patricia Finn 
(Docket No. 0491). 



Councilors Yancey and Turner: Congratulating Father 
Robert F Drinan, SJ. (Docket No. 0492). Congratulating 
Congresswoman Barbara Lee (Docket No. 0493). 
Declaring April 27, 2002 "Prince Hall and African 
Lodge #459 Day" (Docket No. 0494). 

Councilor Scapicchio: Congratulating 22 persons on 
their dedication during Charlestown High's 2002 State 
Championship basketball season (Docket No. 0495). 
Congratulating Dr. Everest Onuoha (Docket No. 0496). 

Councilor Ross: Congratulating W. Kevin Fitzgerald 
(Docket No. 0497). Congratulating the Federation of 
Hellenic -American Societies of New England (Docket 
No, 0498). 

Councilor Hennigan: Congratulating Ellen M. Foley 
(Docket No. 0499). 

Councilor Honan: Congratulating Marty Talty 
(Docket No. 0500). 

Councilors Honan, Flaherty and Kelly: 
Congratulating the Tai Tung Tenants Association 
(Docket No. 0501). 

Councilor Murphy: Congratulating the Weber 
Foundation of Helping Hands (Docket No. 0502). 
Congratulating Lauren-Kate O'Hearn (Docket No. 
0503). 

Councilor Yancey: Congratulating the Faith 
Pentecostal Church (Docket No. 0504). Congratulating 
Col. (Ret.) Richard Matlak (Docket No. 0505). 

Councilor Honan: Declaring April 8, 2002 "Tom 
Keady Day" (Docket No. 0506). 

The Chair stated that in the absence of objection, one 
late-filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 



Councilor Yancey: 
(Docket No. 0512.). 



Congratulating Paul Burns 



The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF PRESIDENT FLAHERTY 

President FLAHERTY wanted to remind the 
Councilors of the Policy Series on Traveling and 
Tourism meeting and also that the budget hearings are 
beginning on Friday at 1:00. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, we do so in memory of Reverend Dr. 
Ozzie L. Edwards, to meet again on Wednesday, April 
24, 2002 at 12:30 p.m. 

The motion was carried. 



Adjourned at 2: 1 5 p.m. on motion of President FLA- 
HERTY to meet again on Wednesday, April 24, 2002 at 
12:30 p.m. 



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



CITY OF BOSTON • GRAPHIC ARTS DEPARTMENT ©^^^^ai 



CITY COUNCIL 



91 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday. April 24, 2002 

A meeting of the City Council held in the Christopher 
A. lannella Council Chamber, City Hall, at 1:00 p.m., 
President FLAHERTY in the Chair. Absent, Councilor 
KELLY. 



INVOCATION 

Gareth Saunders, Former City Councilor, delivered 
the invocation and the meeting was opened with the 
pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR HONAN 

Councilor HONAN presented resolutions to two 
brothers who saved the lives of a mother and her infant 
after a horrific car crash in which the car was engulfed 
with flames. 



PRESENTATION BY COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO presented the Latin School 
Girls Hockey Division I Champions with resolutions for 
their expertise in academia and on the ice. 



CERTAIN INFORMATION UNDER SECTION 17F 
RE: BOSTON HOUSING AUTHORITY 
(DOCKET NO. 0513) 

The following was received: 



City of Boston 
Office of the Mayor 



April 19, 2002 



To the City Council. 
Dear City Councilors: 



Relative to Section 17F request passed by your 
Honorable Body on April 10, 2002 re: The Boston 
Housing Authority, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 

Placed on file. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR, ACCEPT AND 
EXPEND FEDERAL FY2002 COMMUNITY 
DEVELOPMENT BLOCK GRANT OF 
$24,914,000 FROM U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 0514) 

The following was received: 



City of Boston 
Office of the Mayor 



April 16, 2002 



To the City Council 
Dear City Councilors: 



I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for. accept and 
expend Federal Fiscal Year 2002 Community 
Development Block Grant (CDBG) funds in an amount 
not to exceed $24,914,000.00 awarded to the City of 
Boston by the U.S. Department of Housing and Urban 
Development (HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may submit its applica- 
tion to HUD by the established deadline of May 15, 
2002. 

Sincerely, 

Thomas M. Menino. 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is. autho- 
rized to apply for and accept from the United States 
Department of Housing and Urban Development 
Federal FY2002 Community Development Block Grant 
funds in an amount not to exceed $24,914,000, and to 
expend said funds in accordance with section 53A of 
chapter 44 of the General Laws for the purposes for 
which they were granted as stated in the City of 
Boston's Federal FY2002 Action Plan, and in connec- 
tion therewith, to execute and deliver such documents as 
may be required by the U.S. Department of Housing and 
Urban Development. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR, ACCEPT AND 
EXPEND FEDERAL FY2002 HOME INVEST- 
MENT PARTNERSHIPS (HOME) GRANT OF 
$7,515,000 FROM U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 0515) 

The following was received: 



City of Boston 
Office of the Mayor 



April 16, 2002 



To the City Council. 
Dear City Councilors: 



I transmit herewith for your approval an Order autho- 
rizing the City of Boston to apply for. accept and expend 
Federal Fiscal Year 2002 HOME Investment 
Partnerships (HOME) funds in an amount not to exceed 
$7,515,000 awarded to the City of Boston by U.S. 
Department of Housing and Urban Development 
(HUD). 

1 urge your Honorable Body to adopt (his Order as 
soon as possible so that the Ci(y may submit its applica- 
tion (o HUD in a (imely manner by May 15, 2002. 

Sincerely. 

Thomas M. Menino. 
Mayor of Boston. 



92 



CITY COUNCIL 



ORDERED; That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to apply for and accept from the United States 
Department of Housing and Urban Development for a 
FY2002 HOME investment Partnerships Program Grant 
in an amount not to exceed $7,515,000 and to expend 
said funds in accordance with section 53A of chapter 44 
of the General Laws for the purposes for which granted 
they were granted as stated in the City of Boston's 
Federal FY2002 Action Plan, and in connection there- 
with, to execute and deliver such documents as may be 
required by the U.S. Department of Housing and Urban 
Development. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR, ACCEPT AND 
EXPEND FEDERAL FY2002 EMERGENCY 
SHELTER GRANT OF $872,000 FROM U.S. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT (HUD) (DOCKET NO. 0516) 

The following was received; 



City of Boston 
Office of the Mayor 



April 16, 2002 



To the City Council. 
Dear City Councilors; 



I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for, accept and 
expend Federal Fiscal Year 2002 Emergency Shelter 
Grant (ESG) funds in an amount not to exceed $872,000 
awarded to the City of Boston by the U.S. Depaitment 
of Housing and Urban Development (HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may submit its applica- 
tion to HUD in a timely manner by May 15, 2002 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development, 
be and hereby is, authorized to apply for and accept 
from the United States Department of Housing and 
Urban Development for a FY2002 Emergency Shelter 
Grant in an amount not to exceed $872,000, and to 
expend said funds in accordance with section 53A of 
chapter 44 of the General Laws for the purposes for 
which they were granted as stated in the City of 
Boston's Federal FY2002 Action Plan, and in connec- 
tion therewith, to execute and deliver such documents as 
may be required by the U.S. Department of Housing and 
Urban Development. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY, FOR, ACCEPT, AND 
EXPEND FEDERAL FY2002 HOUSING 
OPPORTUNITIES FOR PERSONS WITH 
AIDS (HOPWA) GRANT OF $2,416,000 FROM 



U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) (DOCKET 
NO. 0517) 

The following was received; 

City of Boston 
Office of the Mayor 



April 16, 2002 



To the City Council. 
Dear City Councilors; 



I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for, accept and 
expend Federal Fiscal Year 2002 Housing Opportunities 
for Persons With AIDS (HOPWA) funds in amount not 
to exceed $2,416,000 awarded to the City of Boston by 
the U.S. Department of Housing and Urban 
Development (HUD). 

I urge you to adopt this Order as soon as possible so 
that the City may submit its application to HIUD in a 
timely manner by May 15, 2002. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered; That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to apply for and accept from the U.S. Department 
of Housing and Urban Development a FY2002 Housing 
Opportunities for Persons With AIDS Grant in an 
amount not to exceed $2,416,000, and to expend said 
funds in accordance with section 53A of chapter 44 of 
the General Laws, for the purposes for which they were 
granted as stated in the City of Boston's Federal 
FY2002 Action Plan, and in connection therewith, to 
execute and deliver such documents as may be required 
by the U.S. Department of Housing and Urban 
Development. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING PARKS AND RECRE- 
ATION DEPARTMENT TO ACCEPT AND 
EXPEND SUMMER JOBS YOUTH-AT-RISK 
GRANT OF $643,971 FROM COMMON- 
WEALTH OF MASSACHUSETTS THROUGH 
ECONOMIC DEVELOPMENT INDUSTRIAL 
CORPORATION (DOCKET NO. 0518) 

The following was received: 



City of Boston 
Office of the Mayor 



April 11,2002 



To the City Council. 
Dear City Councilors: 



I transmit herewith for your approval an Order autho- 
rizing the Parks and Recreation Department to accept 
and expend a Summer Jobs Youth-At-Risk Grant in an 
amount not to exceed $643,971 from the 
Commonwealth of Massachusetts through the 
Economic Development Industrial Corporation. 

These funds are being granted for the purpose of 



; 



APRIL 24, 2002 



93 



reimbursing the costs of hiring teenage youth for sum- 
mer jobs under the 200 1 Summer Youth Employment 
Program of the Boston Youth Fund. 

I urge your Honorable Body to approve this Order at 
your earliest convenience. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS FEBRUARY 27, 2002 
MEETING (DOCKET NO. 0523) 

The following was received: 

City of Boston 
, Office of the City Clerk 

To the City Council. 
Councilors: 



Ordered: That the Parks and Recreation Department, 
by and through its Commissioner, and acting on behalf 
of the City of Boston, be, and the same hereby is, autho- 
rized pursuant to section 53A of chapter 44 of the 
General Laws, to accept and expend grant funds from 
the Commonwealth of Massachusetts in amount amount 
not to exceed $643,971 for purposes of the 2001 
Summer Youth Employment Program in the City of 
Boston. 

Referred to the Committee on City and 
Neighborhood Services. 



COMMUNICATION FROM JAMIE M. FAY, PRESI- 
DENT, FORT POINT ASSOCIATES, INC.. RE: 
PROJECT NOTIFICATION FORM (PNF) FOR 
CHARLES STREET JAIL HOTEL (DOCKET 

NO. 0519) 

Communication was received from Jamie M. Fay, 
President. Fort Point Associates, Inc., re: Project 
Notification Form (PNF) for the Charles Street Jail 
Hotel. 

Placed on file. 



COMMUNICATION FROM DEPARTMENT OF 
TELECOMMUNICATIONS AND ENERGY 
RE: RULEMAKING PROCEEDING TO 
REVISE OPERATION OF MOTOR VEHICLES 
FOR CARRIAGE OF PASSENGERS FOR HIRE 
REGULATIONS (DOCKET NO. 0520) 

Communication was received from the Department 
of Telecommunications and Energy re: rulemaking pro- 
ceeding to revise the operation of motor vehicles for the 
carriage of passengers for hire regulations. 

Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0521) 

Notice was received from the Mayor of his absence 
from the City on April 10, 2002 until April 12, 2002. 

Placed on tile. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0522) 

Notice was received from the Mayor of his absence 
from the City on April 17, 2002 

Placed on file. 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of February 27, 2002, 
viz: 

0240 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $244,837.00 to 
provide funding in the Public Health Commission for 
the collective bargaining settlement with SENA, Local 
9158. 

Approved by the Mayor March 7, 2002. 

0241 Order approving an appropriation of 
$244,837.00 to cover the FY02 cost in the Public Health 
Commission of the collective bargaining agreement 
with SENA, Local 9158. 

Approved by the Mayor March 7, 2002. 

0242 Order to reduce the appropriation for the 
Reserve for Collective Bargaining by $214,825.00 to 
provide funding in the Department of Neighborhood 
Development for the collective bargaining settlement 
with SENA, Local 9158-E. 

Approved by the Mayor March 7, 2002. 

0243 Order approving a supplemental appropriation 
of $214,825.00 to cover the FY02 cost in the 
Department of Neighborhood Development of the col- 
lective bargaining agreement with SENA, Local 9158- 



Approved by the Mayor March 7, 2002. 

0289 Constable's Bond of Edward C. Gentile. 

Approved by the Mayor March 5, 2002. 

0332 Order waiving the 120-day notice period as 
required by said Section 401 of the G.L., in conjunction 
with the Commonwealth's interest in acquiring a con- 
servation easement over approximately 138 acres of 
land by the Department of Environment Management. 

Approved by the Mayor March 7, 2002. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS MARCH 6, 
2002 MEETING (DOCKET NO. 0524) 

The following was received: 

City of Boston 
Office of the City Clerk 



NOTICE FROM CITY CLERK RE:ACT10NS TAKEN 



94 



CITY COUNCIL 



To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of March 6, 2002, viz: 

0111 Order authorizing the Fire Department to accept 
and expend a grant of $200,000 from FEMA for the pur- 
chase of portable radios and other firefighting equip- 
ment. 

Approved by the Mayor March 20, 2002. 

0282 Order approving the issuance of tax-exempt 
bonds in a principal amount not to exceed $3,700,000 
from BIDFA for a project of the Acme Bookbinding 
Company. 

Approved by the Mayor March 20, 2002. 

0283 Order authorizing the City to accept and expend 
a grant of $15,000 from the Massachusetts Cultural 
Council Matching Incentive to be expended by the 
Office of Cultural Affairs. 

Approved by the Mayor March 20, 2002. 

0284 Order authorizing the City to accept and expend 
a grant of $125,000 from the Department of Economic 
Development/Massachusetts Office of Travel and 
Tourism to be expended by the Office of Cultural 
Affairs. 

Approved by the Mayor March 20, 2002. 

0285 Order authorizing the City to accept and expend 
a Massachusetts Cultural Council Organizational 
Support grant of $5,560 to be expended by the Office of 
Cultural Affairs. 

Approved by the Mayor March 20, 2002. 

0337 Order authorizing the City to accept funds from 
the Will of Anthony P. Williamson to be expended to 
support charitable organizations located in the City. 

Approved by the Mayor March 20, 2002. 

0341 The Constable's Bond of Chester Inez. 

Approved by the Mayor March 20, 2002. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS MARCH 13, 
2002 MEETING (DOCKET NO. 0525) 

The following was received: 

City of Boston 
Office of the City Clerk 

To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of March 13, 2002, viz: 



0245 Order authorizing the Department of 
Neighborhood Development to expend a Shelter Plus 
Care (S+C) grant of $5,300,652 from the U.S. 
Department of Housing and Urban Development 
(HUD). 

Approved by the Mayor March 20, 2002. 

0338 Order approving the issuance of tax-exempt 
bonds in a principal amount of $48,000,000 from 
BIDFA to finance a hotel and parking garage with 
accessory retail, restaurant and commercial space at 20 
Hampden Street, Roxbury, to be owned by Crosstown 
Center Hotel LLC, an affiliate of Crosstown Associates, 
LLC. 

Approved by the Mayor March 20, 2002. 



Very truly yours, 

Rosaria Salerno, 

City Clerk. 



Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS MARCH 27, 
2002 MEETING (DOCKET NO. 0526) 

The following was received: 

City of Boston 
Office of the City Clerk 

To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of March 27, 2002, viz: 

0142 Order approving an appropriation of $1,200,000 
from the income of the George F. Parkman Fund to be 
expended under the direction of the Parks and 
Recreation Department for the maintenance and 
improvement of the Boston Common and Parks. 

Approved by the Mayor April 3, 2002. 

0390 Order approving a supplemental appropriation 
of $522,910 for the Police Department to cover the 
FY02 cost of the interest arbitration award issued by the 
Joint Labor Management Committee. 

Approved by the Mayor April 3, 2002. 

0391 Order approving a supplemental appropriation 
of $2,282,874 for the Public Schools to cover the cost of 
items contained within the collective bargaining agree- 
ment between the School Committee and the Boston 
Association of School Administrators and Supervisors, 
Local No. 6, AFL-CIO (BASAS). 

Approved by the Mayor April 3, 2002. 

0396 The Constable's Bonds of John G. Consolo and 
Robert E. Lee. 

Approved by the Mayor April 3, 2002. 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 

Placed on file. 



) 



APRIL 24, 2002 



95 



COMMUNICATION FROM SALLY D. GLORA, 
AUDITOR, TRANSMITTING LIST OF FY02 
REALLOCATION MADE BY MAYOR PRIOR 
TO APRIL 15, 2002, FOR PURPOSE OF CON- 
TINUING OPERATIONS (DOCKET NO. 0527) 

Communication from Sally D. Glora, Auditor, trans- 
mitting the list of FY02 reallocation made by the Mayor 
prior to April 15, 2002, for the purpose of continuing 
operations. 

Referred to the Committee on Post Audit and 
Oversiglit. 



confirmed. 

The report was accepted; the appointments were 
confirmed. 



REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENTS OF ANTHONY BAKER, 
CHRISTOPHER M. GILMORE, WHITNEY V. 
LAROCHE, JAMES A. PARK AND DANIEL R. 
REARDON AS CONSTABLES AUTHORIZED 
TO SERVE CIVIL PROCESS UPON FILING 
OF BOND FOR TERM ENDING APRIL 30, 
2003 (DOCKET NO. 0384) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0384, message of the Mayor 
and order for confirmation of the appointments of 
Anthony Baker, Christopher M. Gilmore, Whimey V. 
LaRoche, James A. Park and Daniel R. Reardon as 
Constables authorized to serve civil process upon filing 
of bond for a term ending April 30, 2003 (referred 
March 27) - recommending appointments ought to be 
confirmed. 

The report was accepted; the appointments were 
confirmed. 



REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENTS OF CONSTABLES AUTHO- 
RIZED TO SERVE CIVIL PROCESS UPON 
FILING OF BOND FOR TERM ENDING 
APRIL 30, 2003 (DOCKET NO. 0385) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0385, message of the Mayor 
and order for confirmation of the appointments of 
Constables authorized to serve civil process upon filing 
of bond for a term ending April 30, 2003 (referred 
March 27) - recommending appointments ought to be 
confirmed. 

The report was accepted; the appointments were 
confirmed. 



REPORT ON ORDINANCE RE: RECYCLING FOR 
LARGE RESIDENTIAL BUILDINGS 
(DOCKET NO. 0295) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1297, message of the Mayor 
and ordinance RE: RECYCLING FOR LARGE RESI- 
DENTIAL BUILDINGS (referred February 27, 2001) - 
recommending the ordinance be passed in the following 
new draft: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REGARDING ACCESS TO 
CITY RECYCLING PROGRAMS FOR LARGE RES- 
IDENTIAL BUILDINGS 

Whereas, The City of Boston's Public Works 
Department makes available free recycling services to 
those who choose to participate; and 

Whereas, Some owners of large residential buildings 
have not provided access to the City of Boston's free 
recycling services; and 

Whereas, The City of Boston constantly seeks to 
improve and augment its recycling programs and ser- 
vices; and 

Whereas, Instituting a recycling mechanism for the 
residents of large residential buildings to have access to 
the City's free recycling services will increase the 
amount of recyclable materials collected by the City; 
and 

Whereas, Increasing the collection of recyclable 
material will decrease the tonage of trash generated 
thereby reducing the City's expenditures for trash col- 
lection and disposal. Therefore, 

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

Chapter 7 is hereby amended by inserting Section 7- 
I3A as follows: 

7-1 3 A Access to Recycling Programs and Services 
— Large Residential Buildings with More than Six (6) 
Units. 



REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENTS OF HOUSING INSPEC- 
TORS IN INSPECTION/ L CERVICES 
DEPARTMENT AS CONSTABLES AUTHO- 
RIZED TO SERVE CIVIL PROCESS UPON 
FILING OF BOND FOR TERM ENDING 
APRIL 30, 2003 (DOCKET NO. 0386) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0386, message of the Mayor 
and order for confirmation of the appointments Housing 
Inspectors in Inspectional Services Department as 
Constables authorized to serve civil process upon filing 
of bond for a term ending April 30, 2003 (referred 
March 27) - recommending appointments ought to be 



7-1 3A.1 Purpose. These sections supplement the 
recycling program established in CBC 7-13.1 et seq. and 
pursuant to GL. c. 40, § 8H by expanding the residen- 
tial recycling program to include access for the residents 
of Large Residential Buildings. Large Residential 
Buildings have been designated by the Commissioner as 
residential buildings with more than six (6) units. 

7-13A.2 Definitions. 

Unless specifically indicated otherwise, the defini- 
tions contained in CBC 7-13.3 shall apply and control in 
these sections. 

a. Large Residential Building shall mean a residential 
building with more than six (6) units 

b. Owner shall mean a person who owns or is in con- 
trol of a Large Residential Building. 



96 



CITY COUNCIL 



c. Recycling Cart shall mean any container ranging in 
size from 30 to 90 gallons that is composed of weather- 
proof material such as plastic or metal and that is clearly 
marked and or identifiable as a container for 
Recyclables; the Department commonly refers to cer- 
tain Recycling Carts in widespread use throughout the 
City as "Toters." Recycling Carts shall be used only for 
the containment and collection of Recyclables. 
Recycling Carts are hereby specifically exempted from 
the fee and application provisions of CBC 23-2 and 
CBC 23-11. 

d. Recycling Coordinator shall mean that person 
holding the position, or its equivalent, of Large 
Apartment Building Recycling Coordinator at the 
Department. 

e. Recycling Guide shall mean that publication in its 
most current form, or its equivalent, published by the 
Department pursuant to CBC 7-13A.5. 

f. Resident shall mean a lawful inhabitant of a Large 
Residential Building. 

g. Set Out Container shall have the same definition as 
promulgated in CBC 7-13A.3(p) and is commonly 
referred to as "Blue Box." 

7- 13 A. 3 Access to Recycling Programs and Services. 

a. Owners shall provide to Residents access to the 
recycling programs and services offered by the City of 
Boston to the extent herein required. 

b. Upon the Department's or the Recycling 
Coordinator's receipt of a request from a Resident, the 
Recycling Coordinator shall notify the Owner of its 
receipt thereof. An Owner, within thirty (30) days of 
receipt of the notice from the Recycling Coordinator, 
shall provide access to the recycling programs and ser- 
vices of the City of Boston by installing and maintain- 
ing an adequate number of Recycling Carts in a com- 
mon area of the premises and within a reasonable 
proximity not to exceed Three Hundred Fifty (350) feet 
from a point of egress of a Large Residential Building 
and as close as practicable to the current waste/trash 
removal dumpsters or containers for the Large 
Residential Building; if an Owner determines that the 
installation of Recycling Carts is impracticable then the 
Owner shall contact the Recycling Coordinator for gen- 
eration and or approval to supply Residents with access 
through alternative measures, said alternative measures 
may include but not be limited to providing a Set Out 
Container to each unit in the Large Residential Building. 
If the Recycling Coordinator is unable to generate and 
or approve alternative measures as aforesaid then the 
Owner may seek an Exemption pursuant to CBC 7- 
13A.4. 

c. Nothing in this section prohibits Owners from sup- 
plying Residents with Set Out Containers. 

7-13A.4 Owners Unable to Comply; Exemption. 

a. An Owner may submit to the Commissioner a 
detailed letter requesting exemption from the require- 
ments of these sections within thirty (30) days of the 
date of final determination under CBC 7- 1 3 A. 3 regard- 
ing alternative measures to providing access to the recy- 
cling programs and services. Said detailed letter shall 
include (i) the Owner's reasons for the request for 
exemption, (ii) the specific steps the Owner has taken to 
evaluate the Owner's Large Residential Building and its 
premises regarding compliance with these sections, and 
(iii) the specific steps the Owner has taken in an attempt 
to comply with the provisions of these sections. The 
Commissioner shall, within thirty (30) days of the 
receipt of the request, respond in writing to the Owner 



by: (i) rejecting the request and directing the specific 
steps the Owner must take to ensure compliance with 
these sections or (ii) approving the request. The decision 
of the Commissioner is final and may be appealed only 
to a court of competent jurisdiction. 

b. Any Large Residential Building from which the 
City of Boston does not collect trash is exempt from the 
requirements of these sections. Nothing in these sec- 
fions prohibits such a Large Residential Building from 
voluntarily providing access to the City of Boston's free 
recycling services. 

7- 13 A. 5 Recycling Guides. The Department shall 
modify its recycling guide titled "Curbside Recycling 
for Boston For All Residents in Households with 1-6 
Units" to reference and include Large Residential 
Buildings. Each Owner shall ensure that a Recycling 
Guide is posted in a clearly visible location as close as 
practicable to (i) the main entrance to the Large 
Residential Building or (ii) to the installed Recycling 
Carts. Owners shall ensure that a Recycling Guide is 
delivered to each unit in the Large Residential Building 
contemporaneously with installation of the Recycling 
Carts. An Owner shall deliver a Recycling Guide to 
each Resident within fourteen (14) calendar days of the 
onset of the Resident's residency. 

7- 13 A. 6 inspections. Enforcement, and Penalties. 

The Commissioner and the Commissioner of the 
Inspectional Services Department and any designees 
thereof shall have the authority to inspect, enforce, and 
impose penalties under this ordinance. 

1 . Inspections. 

(a) Authority. In order to properly carty out its respec- 
tive responsibilities under this Ordinance and to ensure 
that the public health, safety, and environment are pro- 
tected from the hazards posed by unsanitary and 
unhealthy conditions, the Inspectional Services 
Department is authorized (i) to examine or survey at any 
reasonable time the premises of all Large Residential 
Buildings and (ii) with prior notice to the Owner or the 
Owner's authorized representative, to enter, examine, or 
survey the Large Residential Building. 

(b) Systematic Area inspections. The Inspectional 
Services Department is authorized to develop and adopt 
plans for systematic, periodic area-wide inspections of 
Large Residential Buildings, their premises, and the 
recycling facilities thereon. 

(c) Interference With Inspection. 

(i) If an Owner or an Owner's authorized representa- 
tive, having been notified pursuant to subsection (a), 
knowingly impedes, inhibits, interferes with, restricts, 
or obstructs entry and free access to the Large 
Residential Building or the premises where inspection is 
authorized by this ordinance, the Inspectional Services 
Department may seek in a court of competent jurisdic- 
tion an inspection warrant that allows for the inspection 
of the site and apprises said Owner or Owner's autho- 
rized representative concerning the nature of the inspec- 
tion, the scope of the inspection, the justification for the 
inspection, and may seek the assistance of the police 
authorities in presenting said wairant. 

(ii) If a Resident or other person knowingly impedes, 
inhibits, interferes with, restricts, or obstructs entry and 
free access to the Large Residential Building or the 
premises where inspection is authorized by this 
ordinance, the Inspectional Services Department may 
seek in a court of competent jurisdiction an inspection 
wartant that allows for the inspection of the site and 
apprises said Resident or other person concerning the 



APRIL 24, 2002 



97 



nature of the inspection, the scope of the inspection, the 
justification for the inspection, and may seek the assis- 
tance of the police authorities in presenting said war- 
rant. 

(iii) Nothing in these subsections authorizes the 
Inspectional Services Department to inspect any areas 
other than the indoor common areas of a Large 
Residential Building or the outdoor premises of the 
Large Residential Building. 

2. Violation. Violations of this ordinance include, but 
are not limited to: 

(a) the failure to provide access to the recycling pro- 
grams and services in accordance with Section 7-13A.3; 
and 

(b) the failure to post a Recycling Guide in accor- 
dance with Section 7-13A.4 or to deliver a Recycling 
Guide to Residents in accordance with Section 7-13A.4; 
and 

(c) the failure to comply with the requirements of this 
ordinance; and 

(d) the interference with an inspection, including 
inspections conducted a pursuant to a validly issued 
inspection warrant, pursuant to Section 7-13A.6(l)(c). 

3. Service of Notice of Violation. Notice of violation 
shall be served on the Owners in the following manner: 

(a) personally, by any person authorized to serve civil 
process; or 

(b) by any person authorized to serve civil process by 
leaving a copy of the notice of violation at the last and 
usual place of abode of the violator; or 

(c) by sending a copy of the notice of violation by 
registered or certified mail, return receipt requested, if 
within the Commonwealth; or 

(d) if the last and usual place of abode of the Owner 
is unknown or outside the Commonwealth, by posting a 
copy of the notice of violation in a conspicuous place on 
or about the premises and by advertising it for at least 
three (3) out of five (5) consecutive days in one or more 
newspapers of general circulation within the City. 

4. Administrative Hearings. 

(a) Right to Hearing. Any person upon whom a notice 
of violation has been served may request a hearing from 
the Inspectional Services Department by filing a written 
petition requesting a hearing on the matter with the 
Inspectional Services Department within seven (7) days 
after the day the notice of violation was served. 

(b) Hearing Notice. Upon receipt of a petition, the 
Inspectional Services Department shall inform the peti- 
tioner of the date, time, and place of the hearina in writ- 
ing. 

(c) Time for Hearing. The hearing shall commence 
within thirty (30) days after the day on which the notice 
of violation was served. The time period in which the 
cited violations must be remedied shall be stayed upon 
receipt of the petition for a hearing until such time as the 
hearing is held. 

(d) Hearing of Petitioner. At the hearing, the peti- 
tioner shall be given an opportunity to be heard, to pre- 
sent witnesses or documentary evidence, and to show 
why the notice of violation should be modified or with- 
drawn. An official record shall be kept of the hearing 
proceedings and made available to the petitioner upon 



request. Failure to hold a hearing within the time period 
specified herein shall not affect the validity of any 
notice of violation. 

(e) Final Decision After Hearing; Failure to Comply 
with Final Order. 

(1) Within seven (7) days after the conclusion of the 
hearing, the Inspectional Services Department shall sus- 
tain, modify, or withdraw the notice of violation and 
shall inform the petitioner in writing of its decision and 
the reasons therefor. If the Department sustains or mod- 
ifies the notice of violation, said violation shall be reme- 
died within the time period allotted in the original notice 
of vioUition or in the modification. 

(2) if a written petition for a hearing is not filed with 
the Inspectional Services Department within seven (7) 
days after the notice of violation has been served or if 
after a hearing the notice of violation has been sustained 
in any part, then the notice of violation shall be enforce- 
able pursuant to the provisions of these sections and 
penalties shall accrue pursuant to the provisions of these 
sections. 

5. Judicial Appeals. Any person aggrieved by a final 
decision of the Inspectional Services Department with 
respect to a notice of violation or any other order issued 
under these sections by the Inspectional Services 
Department, may seek relief in any court of competent 
jurisdiction as provided by the laws of the 
Commonwealth. 

6. Penalties. 

(a) Failure to Comply with Ordinance. Failure to 
comply with the provisions of this ordinance shall result 
in the imposition of penalties by the Inspectional 
Services Department. For any failure to comply, the 
Inspectional Services Department shall have the author- 
ity to (i) issue a written Notice of Violation and (ii) seek 
an injunction from a court of competent jurisdiction 
instructing the Owner to comply with the requirements 
of this ordinance. Penalties shall be administered only in 
accordance with the provisions of this ordinance. 

(b) Notice of Violation. The Inspectional Services 
Department shall respond to an Owner's first failure to 
comply by issuing a Notice of Violation to an Owner 
which shall provide an Owner with thirty (30) days to 
cortect the violation. 

(c) Failure to Comply with Notice of Violation. An 
Owner who fails to comply with any Notice of Violation 
within thirty (30) days of the issuance of the Notice of 
Violation or fails to comply with any other order issued 
pursuant to these sections by the Inspectional Services 
Department or its duly appointed agents or representa- 
tives shall be subject to a fine of not less than One 
Hundred Fifty Dollars and No Cents ($150.00) per 
violation per day and not more than Three Hundred 
Dollars and No Cents ($300.00) per violation per day. 

(d) Injunctive Relief. The Commissioner of 
Inspectional Services may, after an administrative hear- 
ing, seek an injunction from a court of competent juris- 
diction instrticting an Owner to comply with a Notice of 
Violation. 

(e) Interference After inspection Wanant Presented. 
An Owner who refuses, impedes, inhibits, interferes 
with, restricts, or obstructs entry and tree access or 
neglects or fails to provide entry and free access to 
every part of the Large Residential Building where 
inspection is sought under these sections after an 
inspection warrant has been obtained and presented in 
accordance with these sections, shall be subject to a fine 
not less than $1.50.00 and not more than $300.00 per 



98 



CITY COUNCIL 



day. 

(f) Fines. All fines and penalties assessed and col- 
lected under this subsection may be enforced pursuant 
to G.L. c. 40, section 2 ID. 



Murphy, Roache, Ross, Scapicchio, Tobin, Turner, 
Yancey -11. 

Nays - 0. 



(g) Warnings. Nothing in these sections shall prohibit 
the Commissioner and the Commissioner of 
Inspectional Services from issuing written warnings to 
an Owner. 

7. Regulatory Authority. The Commissioner and the 
Commissioner of Inspectional Services shall have the 
authority to promulgate rules and regulations necessary 
to effect and enforce this ordinance. 

8. Delegation of Authority. The Commissioner and 
the Commissioner of Inspectional Services shall have 
the authority to delegate enforcement of this ordinance 
to any City department authorized to enforce public 
safety, health, or environmental laws and regulations. 

b. Nothing in these sections shall prevent the 
Commissioner from developing incentive programs 
directed at Owners for the successful and timely imple- 
mentation of actions designed to provide Residents with 
access to the City's recycling programs and services. 

7- 13 A. 7 Annual Report. In an effort to evaluate the 
effectiveness of the recycling programs of the City of 
Boston and of Large Residential Building in the City of 
Boston, the Department shall annually prepare a report 
relevant to the City of Boston's recycling programs, 
including (a) the tonnage of recycled materials collected 
by the Department and the costs associated therewith 
and (b) the tonage of trash collected by the Department 
and the costs associated therewith. This annual report 
shall specifically and separately detail said tonnage and 
costs originating from Large Residential Buildings. 
Originals of this Annual report shall be filed with the 
Boston City Clerk and with the Boston City Council no 
later than March 3 1 of each calendar year. 

7-13A.8 implementation. The provisions of 7-I3A 
shall be effective commencing on January 1, 2003. 
Nothing in this section prohibits an Owner from volun- 
tarily providing recycling access to the Residents of the 
Owner's Large Residential Building and/or contacting 
the Recycling Coordinator in order to develop a site- 
specific recycling access strategy addressing the needs 
of the Owner's Large Residential Building and or other- 
wise taking steps in preparation for compliance with the 
provisions herein. An Owner of a Large Residential 
Building shall be exempted from the provisions of these 
sections if, prior to January 1, 2003, the Owner 

1. has implemented a recycling access strategy 
approved by the Recycling Coordinator prior to the 
enactment of these provisions; or 

2. implements a recycling access strategy approved 
by the Recycling Coordinator; 

provided that the Owner maintains conforming recy- 
cling access for the Residents of the Owner's Large 
Residential Building after January 1, 2003. 

7- 1 3 A.9 Severability. 

If any provision of this section shall be held to be 
invalid by a court of competent jurisdiction, then such 
provision shall be considered separately and apart from 
the remaining provisions, which shall remain in full 
force and effect. 

The report was accepted; the ordinance, in the new 
draft, was passed; yeas 11, nays 0: 

Yeas - Councilors Feeney, Hennigan, Honan, 



ORDINANCE REGARDING CORI CHECKS FOR 
JITNEY DRIVERS (DOCKET NO. 0529) 

Councilor SCAPICCHIO offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REGARDING CORI CHECKS 
FOR JITNEY DRIVERS 

Wheras, The Boston City Council issues jitney 
licenses (CBC 16-28.1) and reserves the power to 
revoke jitney licenses (CBC 16-28.1 and CBC 5-5.30); 
and 

Whereas, Businesses operating pursuant to jitney 
licenses employ drivers of jitney vehicles who have 
close, sustained, and often isolated contact with resi- 
dents of and visitors to the City of Boston; and 

Whereas, The press has reported incidents involving 
jitney vehicle operators that have compromised or 
endangered the personal safety of residents of and visi- 
tors to the City of Boston; and 

Whereas, The laws of the Commonwealth of 
Massachusetts limit the scope and intensity of 
employer's inquiries of prospective employees regard- 
ing the prospective employee's criminal background 
including matters not resulting in convictions, matters 
relating to first convictions, and certain misdemeanors 
more than five (5) years old; and 

Whereas, Criminal background checks are not cur- 
rently required prior to the employment of jitney vehi- 
cle operators; and 

Whereas, The Criminal History Systems Board 
("Board") in the Commonwealth of Massachusetts 
maintains a database of criminal histories of individuals 
known as the Criminal Offender Record information 
("CORI"); and 

Whereas, Employers may obtain access to limited 
CORI information by submitting a request to the Board 
or may obtain more extensive CORI information by 
becoming certified by the Board to gain access to CORI 
information; and 

Whereas, Review of CORI Reports for current and 
future jitney vehicle operators may prevent future inci- 
dents. Therefore, 

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

Chapter 16-28 is hereby amended by appending new 
Section 16-28A 

16-28 A Conducting and Reviewing CORI Checks for 
Jitney Vehicle Operators. 

I6-28A.I Definitions. The following definitions shall 
apply in these sections. 

a. Commissioner shall mean the Commissioner of the 
Massachusetts Department of Telecommunications and 
Energy. 

b. Conviction shall mean disposition of a criminal 
charge only for a person (a) who has been indicted for a 



APRIL 24, 2002 



99 



crime or upon whom a complaint has been issued and 
(b) who has (i) confessed guiU in open court or (ii) 
admitted the truth of the charge by plea or demurrer or 
(iii) been handed the verdict of a jury accepted and 
recorded by the court or (iv) in any criminal case, other 
than a capital case, been so adjudged by a court. Unless 
the type of crime relates to the Jitney Driver's fitness to 
perform the job or raises public safety concerns then 
Convictions may be used to disqualify Jitney Drivers 
only if less than ten (10) years have passed since the 
felony conviction or release from incarceration therefor 
and or less than five (5) years have passed since a mis- 
demeanor conviction or release from incarceration 
therefor. 

c. CORI Check or CORI Report shall mean the infor- 
mation and/or documentation resulting from a review of 
the Criminal Offender Record Information (CORI) from 
the Criminal History Systems Board. 

d. Department shall mean the Massachusetts 
Department of Telecommunications and Energy. 

e. Employer shall mean that person, partnership, cor- 
poration, business, or other organization owning, oper- 
ating, controlling, and or managing motor vehicles 
under any license that employs one or more Jitney 
Drivers. 

f. Jitney Driver shall mean any person employed or 
prospectively employed by an Employer as an operator 
of a motor vehicle under a jitney license on the streets, 
roads, and highways of the Commonwealth of 
Massachusetts. 

16-28A-2 Certification to Conduct CORI Checks. All 
Employers shall petition the Criminal History Systems 
Board for certification to conduct CORI Checks and 
shall abide by all rules, regulations, practices, and pro- 
cedures of the Criminal History Systems Board. 

16-28A.3 Requirement to Conduct a CORI Check. 
No Employer shall employ a Jitney Driver unless the 
Employer obtains a CORI Report for the Jitney Driver 
and the Employer determines the CORI Report to be 
satisfactory. Nothing in these sections shall prohibit an 
Employer from conducting additional lawful back- 
ground checks on a Jitney Driver 

16-28 A. 4. Disqualification from Employment. No 
Employer's review of a CORI Report shall be consid- 
ered satisfactory and a person shall be disqualified from 
employment if any of the following appear on the CORI 
Report; 

a. Conviction of physical offenses against other per- 
sons including, but not limited to, assault, battery, sex- 
ual offenses, mayhem, and unarmed robbery; 

b. Conviction of firearm offenses or misuse/abuse of 
other dangerous articles including, but not limited to, 
possession of a firearm or crimes committed with a 
firearm or other dangerous weapon; 

c. Conviction of motor vehicle offenses including, but 
not limited to, operation of a motor vehicle while under 
the influence of alcohol and or drugs or operating a 
motor vehicle to endanger; 

d. Conviction of controlled substances offenses 
including, but not limited to, use, possession, sale, man- 
ufacture, distribution or possession with intent to dis- 
tribute any of the controlled substances that are unlaw- 
ful under the provisions of G.L. c. 94C, s. 3 1 (except 
simple possession of marijuana if the date of the con- 
viction is five (3) or more years prior to the request for 
a CORI Check); 



I6-28A.5 Fee for CORI Report. 

The fee for a CORI Report is established by M.G.L. 
c. 6, s. 1 72A and this fee may not be paid by a Jitney 
Driver but shall be paid by the Employer. 

16-28A.6 Appeal of Disqualification for 
Employment. Any Jitney Driver aggrieved by an 
Employer's determination of disqualification from 
employment pursuant to review of a CORI Check may 
petition the Boston City Council for review of the 
Employer's decision. The Boston City Council shall 
retain the authority to review an Employer's determina- 
tion of disqualification. 

16-28.7 Penalties. 

An Employer's failure to comply with the provisions 
of these sections may be subject to: 

a. A verbal or written warning for noncompliance; 
and/or 

b. Fines not to exceed Five Hundred Dollars and No 
Cents ($500.00); and or 

c. Revocation, suspension, or cancellation of the jit- 
ney license. 

16-28 A. 8 Regulatory Authority. The Commissioner, 
or any person designated thereby, shall have the author- 
ity to promulgate rules and regulations necessary to 
effect and enforce this ordinance. 

16-28 A. 9 Delegation of Authority. The 
Commissioner, or any person designated thereby, shall 
have the authority to delegate enforcement of this 
ordinance to any City department authorized to enforce 
public safety regulations. 

16-28A.10 Implementation. The provisions of this 
ordinance shall be effective immediately upon enact- 
ment but no penalty shall be assessed for six (6) months 
thereafter. Nothing in this section shall prohibit verbal 
or written warnings from being issued and or delivered. 

1 6-28 A. 11 Severability. 

If any provision of these sections shall be held to be 
invalid by a court of competent jurisdiction, then such 
provision shall be considered separately and apart from 
the remaining provisions, which shall remain in full 
force and effect. 

Referred to the Committee on Government 
Operations. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0530) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 4, 2002. the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 30, 
2002: 

Kevin Chisholm, Secretary, $170.()0/vveek, part time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0531) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 6, 2002, the 
following named person be, and hereby is, appointed to 



100 



CITY COUNCIL 



the position set against ti:eir name until Friday, June 30, 
2002: 

Diane Albano, Administi-ative Asst., $740.39 full time. 
Mark A. Chardavoyne, Secretary, $769.24 full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0532) 

Councillor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 20, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, April 26, 
2002: 

George Morancy, Administrative Asst., $5,996.17/ 
week, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO DISCUSS WHAT MEA- 
SURES CITY WILL ESTABLISH TO PRO- 
TECT ITS CITIZENS AND VISITORS 
REGARDING CITY'S TOWING POLICY 
(DOCKET NO. 0533) 

Councilors SCAPICCHIO, FEENEY, HENNIGAN, 
HONAN, MURPHY, ROSS, YANCEY, ROACHE, 
TOBIN, TURNER and FLAHERTY offered the follow- 
ing. 

Whereas: The City of Boston has recently proposed 
eliminating the City's towing department in favor of 
outsourcing the operation to private towing companies; 
and 

Whereas: It is incumbent upon the City to ensure that 
any initiative related to parking, such as the proposed 
privatization of the City's towing operation, addresses 
the problem at hand and that a new or proposed measure 
neither exacerbates existing problems nor creates a new 
set of problems; and 

Whereas; In light of Boston's past history with tow- 
ing services, there is concern especially in heavily con- 
gested areas of Boston that the privatization proposal 
may grant too much latitude to tow truck operators; and 

Whereas: Any new traffic-related initiative must be 
carefully scrutinized to ensure that it improves parking 
code-enforcement, facilitates access to city streets for 
pedestrians and drivers and relieves downtown automo- 
tive congestion; and 

Whereas: Privatization of towing in the City of 
Boston could create circumstances where tow truck 
operators arbitrarily remove cars from city streets and 
unfairly tariff citizens through these measures; and 

Whereas: Safeguards must be established and over- 
sight must be exercised to ensure that vehicle removal 
takes place in a proper manner and within the parame- 
ters of the City's existing parking rules and regulations; 
Therefore be it 

Ordered: That the appropriate Boston City Council 
committee hold a hearing to discuss what measures the 
City will establish to protect its citizens an visitors and 
that representatives from the Boston Transportation 
Department, and Boston Police Department be invited 
to attend. 

Referred to the Committee on Aviation and 
Transportation. 



RESOLUTION. THAT CITY NOT ALLOW ANY OF 
ITS MONIES OR FUNDS INCLUDING 



FUNDS HELD UNDER PROVISIONS OF 
BOSTON RETIREMENT FUND TO REMAIN 
INVESTED OR BE INVESTED IN FUTURE, 
IN STOCKS, SECURITIES OR OTHER BUSI- 
NESS OBLIGATIONS OF HOUSEHOLD 
INTERNATIONAL OR IN MUTUAL FUNDS 
WHICH ARE MAJOR SHAREHOLDERS IN 
THE COMPANY (DOCKET NO. 0534) 

Councilor TURNER offered the following. 

'Whereas, The sub-prime lending industry has grown 
rapidly in the last few years, increasing almost ten-fold 
since 1993, and has increased its share of conventional 
home loan applications; and 

Whereas, Some sub-prime lenders seek to fill a void 
created by redlining, i.e., the practice of mainstream 
institutions avoiding doing business in poor communi- 
ties of color; and 

Whereas, Some sub-prime lenders and other home 
lenders aggressively market high-cost home loans that 
borrowers are unable to repay, and engage in other 
unfair or fraudulent credit practices that may be strip- 
ping families and communities of the equity they have 
in their homes; and 

Whereas, These practices are commonly referred to 
as "predatory lending"; and 

Whereas, The HUD Treasury Task Force on 
Predatory Lending, in its recent report Curbing 
Predatory Home Mortgage Lending (the 
'"HUD/Treasury report") has documented and analyzed 
the problem of predatory lending in home mortgage 
lending; and 

Whereas, Predatory lending practices as documented 
by the HUD/Treasury Task report and other commenta- 
tors include: refinancing, and especially repeated refi- 
nancing of a loan without any tangible benefit to the 
borrower; charging excessive prepayment penalties, 
financing single premium credit insurance; failing to 
comply with federal requirements with respect to dis- 
closure of loan terms and loan settlements; making a 
loan for more than the borrower can repay; financing 
excessive points and fees; and 

Whereas, Predatory lending practices contribute to 
increasing the number of foreclosures that can result in 
abandoned houses and blighted neighborhoods and con- 
tribute to the physical and economic deterioration of 
lower-income, inner city communities and communities 
of color in Boston, and drain resources that would oth- 
erwise be available for local spending and investment; 
and 

Whereas, Predatory practices, as a secondary result of 
the damage that they cause in communities, are increas- 
ingly the target of increased scrutiny, by the public, as 
well as by regulators and others; and 

Whereas, Companies that engage in predatory lend- 
ing are therefore at an increased risk for litigation, and 
other similar sources of financial burden; and 

Whereas, Some predatory practices, such as the 
financing of single premium credit insurance, are 
becoming illegal in a growing number of geographies, 
representing a significant change in the business envi- 
ronment for firms which have engaged in these practices 
on a large scale; putting them in a situation of some 
financial uncertainly; and 

Whereas, Household Intemational, through the firms 
of Household Finance and Beneficial, engage in preda- 
tory practices as described in the HUD Treasury report 



')) 



APRIL 24, 2002 



101 



both within the City of Boston, and throughout the 
country including charging and financing excessive 
rates and fees, and refinancing loans where there is no 
benefit to the borrower from such refinancing; and 

Whereas, It is not in the interest of the City of Boston 
to invest resources in supporting corporations which 
engage in business practices which are harmful to the 
City of Boston and its residents; and 

Whereas, Household is the subject of a class action 
suit, growing number of lawsuits: a) NY filed by AARP- 
September 25,2001; b) California-filed by California 
Department of Corporations-November 14,2001; and c) 
California-class action suit filed by ACORN for $20 
million-February 6,2002; and 

Whereas, Household has settled the suit filed by the 
California Department of Corporations, by paying 
$12, 000,000- January 3, 2002; and 

Whereas, Household stock has been downgraded by 
Wall Street analysts based on suits and restructuring by 
Household to meet the court challenges; and 

Whereas, The Boston Retirement Fund, which over- 
sees City of Boston pension finds, has $1,000,000 
invested in Household International stock. Therefore be 
it 

Resolved, That the City of Boston will not allow any 
of its monies or funds including finds held under the 
provisions of the Boston Retirement Fund to remain 
invested, or to be invested in the future, in stocks, secu- 
rities or other business obligations of Household 
International, or in mutual finds which are major share- 
holders in the company. 

Referred to the Committee on Financial Services 
and Community Investments. 



ORDER FOR HEARING TO RE-EXAMINE CUR- 
RENT SECURITY MEASURES IN ALL 
BOSTON HOUSING AUTHORITY ELDERLY/ 
HANDICAPPED HOUSING DEVELOP- 
MENTS IN CITY (DOCKET NO. 0535) 

Councilors TOBIN, FEENEY, HENNIGAN, 
ROACHE, MURPHY, SCAPICCHIO, HONAN, 
YANCEY, TURNER, ROSS and FLAHERTY offered 
the following: 

Whereas: Many senior residents of Boston live in 
Boston Housing Authority elderly/handicapped housing 
developments; and 

Whereas: The Boston Housing Authority is facing 
critical federal and state budget cuts; and 

Whereas: The City of Boston Code of Ordinances, 
Section 9-11.2: Security Requirements for Elderly/ 
Handicapped Multi-Family Housing Developments, 
states that the Commissioner of Inspectional Services 
shall require every landlord of an elderly/liandicapped 
multi-family housing development to provide safety 
officers on a 24 hour per day, 7 day per week basis for 
surveillance or security measures outlined in a security 
plan for all elderly/handicapped multi-family housing 
developments; Therefore be it 

Ordered: The Boston City Council conduct a hearing 
to re-examine the current security measures in all 
Boston Housing Authority elderly/handicapped housing 
developments in the City of Boston. 

Referred to the Committee on Housing. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0536) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 13, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Meghan E. Finegan, Secretary, $304. 1 5/week, full 
time. 

Passed under suspension of the rules. 



LATE FILED MATTERS 

The Chair stated that, in absence of objection. 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING RE: PIERCE AVENUE 
PARCELS (DOCKET NO. 0528) 

Councilors FEENEY, ROACHE, HENNIGAN, 
HONAN, MURPHY, TURNER, SCAPICCHIO, 
TOBIN, ROSS and FLAHERTY offered the following: 

Ordered: That the appropriate Committee of the 
Boston City Council hold a public hearing to determine 
the cause of delays in the bidding process and disposi- 
tion of several parcels on Pierce Avenue in Dorchester 
under the control of the Department of Neighborhood 
Development: and be it further 

Ordered: That officials from the Department of 
Neighborhood Development be invited to testify. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER FOR PETITION RE: RETIREMENT RE: 
RICHARD GRAHAM, SR. (DOCKET NO. 

0565) 

Councilor YANCEY offered the following: 

Whereas, Richard H. Graham, Sr. served as a fire- 
fighter for the City of Boston since January 18, 1978; 
and 

Whereas, Richard H. Graham, Sr. was killed in a 
motor vehicle accident during the summer of 2001 ; and 

Whereas, Richard H. Graham, Sr. was married to 
Judith Graham on October 30, 1981 and subsequently 
divorced from Judith Graham on July 27, 1994; the 
Grahams had one child bom of the marriage, Richard H. 
Graham, Jr.; and 

Whereas, Richard H. Graham, Sr., as mandated h\ his 
Separation Agreement from Judith Graham, which was 
incorporated into the divorce judgment, was required to 
name Richard H. Graham, Jr. as his pension survivor 
benetlciarv, which would have required a G. L. c. 32, § 
12(2)(d) election; and 

Whereas , For reasons unknown. Richard H. Graham. 
Sr. did not fulfill his obligations inulcr the Separation 
Agreement and omillcd naming Richard II. Graham. Jr. 
as his pension sur\'i\or bcncnciary pursuant to GI.. c. 



102 



CITY COUNCIL 



32, § 12(2)(d) before his untimely death, an act that by 
law could have only been effectuated during Richard H. 
Graham, Sr"s life; and 

Whereas, Richard H. Graham, Sr.'s omission to com- 
plete the requisite election pursuant to G.L. c. 32, § 
12(2)(d) prevents his son, Richard H. Graham, Jr., from 
receiving the pension benefits that he is entitled to 
receive; the Boston City Council hereby petitions. That 
the following special law be enacted. 

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 II, as amended, of the Articles of Amendment to 
the Constitution of the Commonwealth of 
Massachusetts, to the end that legislation be adopted 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: PENSION 
AND RETIREMENT BENEFITS OF RICHARD H. 
GRAHAM, SR. 

Section 1. Notwithstanding the provisions of any gen- 
eral or special law to the contrary, and in order to pro- 
mote the public good, the State Boston Retirement 
Board is hereby authorized and directed to effectuate an 
election pursuant to G.L. c. 32, § 1 2(2)(d) on behalf of 
Richard H. Graham, Sr as though he had done so him- 
self prior to his death and in accordance with G.L. c. s 
32, § 12(2)(d), and accordingly, to name Richard H. 
Graham, Jr. as the survivor beneficiary of the pension 
and retirement benefits that Richard H. Graham, Sr. was 
entitled to as a result of his twenty-three (23) years of 
service to the City of Boston Fire Department. 

Section 2. The annual amount of pension payable to 
Richard H. Graham, Jr., as the life beneficiary of his 
father's pension and retirement benefits, shall be that 
which Richard H. Graham, Jr would have been entitled 
had Richard H. Graham, Sr made the G.L. c. 32, 
§12{2)(d) election during his life. This amount has been 
determined by the State Boston Retirement Board and 
the Commonwealth of Massachusetts Public Employee 
Retirement Administration Commission to be Nineteen 
Thousand Seven Hundred Sixty-One Dollars and Sixty- 
Three Cents ($19,761.63) annually, which is One 
Thousand Six Hundred Forty-Six Dollars and Eighty 
Cents ($1,646.80) monthly. 

Section 3. The pension and retirement benefits of 
Richard H. Graham, Sr. as hereby payable to Richard H. 
Graham, Jr., shall become effective retroactively as of 
the date of Richard H. Graham, Sr's death on July 21, 
2001. 

Referred to the Committee on Government 
Operations. 



PRESENTATION BY COUNCILOR TOBIN 

Councilor TOBIN presented Assistant City Clerk Ed 
Kelley with a resolution congratulating him for his ser- 
vice as Exhalted Ruler of the Elks. 



CONSENT AGENDA 

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



Councilor Ross: 
(Docket No. 0537). 



Congratulating John Kundanis 



Councilor Tobin: Congratulating David Greenwood 
(Docket No. 0538). Congratulating Edward T. Kelley 
(Docket No. 0539). Congratulating the West 
Roxbury/Roslindale Bulletin (Docket No. 0540). 
Declaring April 1 8, 2002 "Margaret M. Conant Day" at 
the Springhouse, Jamaica Plain (Docket No. 0541). 
Congratulating the German Centre for Extended Care 
(Docket No. 0542). Congratulating Sister Theresa Prior. 
(Docket No. 0543) 

Councilors Scapicchio and Hennigan: Congratulating 
the recipients of the 12th Annual Charlestown 
Community Appreciation Business Award (Docket No. 
0544). 



Councilor Murphy: 
(Docket No. 0545). 



Congratulating Ocean's Grille 



Councilors Roache and Tobin: Congratulating 
Andrew J. and Ann Sheehan (Docket No. 0546). 
Congratulating Tommy T.C. and Sheila Cummings 
(Docket No. 0547). 

Councilor Ross: Congratulating the Florence and 
Chafetz Hill House at Boston University (Docket No. 
0548). Congratulating Jeb Killion (Docket No. 0549). 

Councilors Honan, Flaherty and Kelly: 
Congratulating Jeannette Tong (Docket No. 0550). 

Councilor Honan: Congratulating David Ho (Docket 
No. 0551). Congratulating Irene Davis-McCarthy 
(Docket No. 0552). 

Councilors Flaherty, Murphy and Roache: 
Congratulating the 2001-2002 Flaherty Dolphins 
(Docket No. 0553). 

Councilor Feeney: Congratulating Lt. Colonel Mark 
Loring, U.S.A. (Docket No. 0554). 

Councilor Tobin: Congratulating John Collins 
(Docket No. 0555). Congratulating Ed King (Docket 
No. 0556). Congratulating Diane Barrett (Docket No. 
0557). Congratulating Hank Asmar (Docket No. 0558). 
Congratulating Holy Name Kindergarten 2 Class 
(Docket No. 0559). Congratulating Tim Tierney 
(Docket No. 0560). Congratulating Peter Starkey 
(Docket No. 0561). 

Councilors Scapicchio, Murphy, Flaherty and Tobin: 
Congratulating 30 members of the Boston Latin School 
Girls' Hockey Team (Docket No. 0562). 

Councilor Flaherty for all the Councilors: 
Congratulating Lt. Alfred G. Hanson, B.RD.T.M.R. 
(Docket No. 0563). 



STATEMENT OF PRESIDENT FLAHERTY 

President Flaherty requested when we adjourn today, 
we do so in memory of Bobby Nichols of South Boston 
who passed away this week after a long battle with can- 
cer. Bobby worked many years for the City of Boston 
and was a great fiend to many. Condolences to Bobby's 
wife and children. 



Councilor Tobin: Congratulating Alan and Joanne 
Maloof (Docket No. 0564). 

The Chair stated that in absence of objection 1 late- 
filed matter would be added to the Consent Agenda. 

No objection being heard, the following matter was 
added: 



Councilors Yancey and Turner: Congratulating 



APRIL 24, 2002 103 



Victoria Jones (Docket No. 0566 ) 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 3:15 p.m. on motion of President 
Flaherty and in memory of Bobby Nichols, to meet 
again on Wednesday, May 1, 2002 at 12:30 p.m. 



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



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105 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, May 1 , 2002 

A meeting of the City Council held in the Christopher 
A. lannella Council Chamber, City Hall, at 12:35 p.m. 
President FLAHERTY in the Chair, absent Councilor 
Hennigan. 



INVOCATION 

Reverend Ernest Branch, Sermon on the Mount 
Baptist Church, delivered the invocation and the meet- 
ing was opened with the pledge of allegiance to the flag. 



ORDER RELATIVE TO SCHOOL TRANSPORTA- 
TION CONTRACTS (DOCKET NO. 0567) 

The following was received: 

City of Boston 
Office of the Mayor 

April 4, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith for your approval an Order rela- 
tive to school transportation contracts that would permit 
the Boston School Committee, pursuant to the provi- 
sions of G.L. c. 30B §12(b), to solicit and award student 
transportation contracts for a term of up to five years, 
with options to renew for five additional one-year terms. 
As this order will encourage increased participation 
by contractors in the transportation bid process and pro- 
vide additional opportunities to reduce transportation 
costs, I urge your Honorable Body to approve it at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered: That the Boston School Committee is 
hereby authorized, pursuant to Chapter 30B, Section 
12(b), of the Massachusetts General Laws, to solicit and 
award contracts for a term of up to five years, with 
options to renew annually for up to an additional five 
years, for the provision of student transportation ser- 
vices. Such contracts would be subject to the availabil- 
ity of an armual appropriation. 

Referred to the Committee on Ways and Means. 



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS FOR PERIOD 
JANUARY 1, 2002 ENDING MARCH 31, 2002 
(DOCKET NO. 0568) 

The following was received: 

City of Boston 
Office of the Mayor 

April 4, 2002 
To the City Council. 
Dear City Councilors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing January 1, 2002 and ending 
March 31, 2002. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed hereto is the documentation referred to.) 
Placed on file. 



APPROVAL OF CONSTABLE^S BOND 
(DOCKET NO.0569) 

The Constable's Bonds of Alan G. Duffy and Derick 
Joyner, having been duly approved by the Collector- 
Treasurer, were received and approved. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0570) 

Notice was received from the Mayor of his absence 
from the City on April 26, 2002 and May 3, 2002. 
Placed on file. 



COMMUNICATION FROM COUNCILOR PAUL J. 
SCAPICCHIO RECUSING HIMSELF FROM 
VOTING ON PROPOSED SPECIAL LAW RE: 
PENSION AND RETIREMENT BENEFITS OF 
RICHARD H. GRAHAM. SR. SUBMITTED BY 
COUNCILOR CHARLES C. YANCEY ON 
APRIL 24, 2002 (DOCKET NO. 0571) 

Communication was received from Councilor Paul J. 
Scapicchio recusing himself from voting on a proposed 
special law re: Pension and Retirement Benefits of 
Richard H. Graham, Sr. submitted by Councilor Charles 
C. Yancey on April 24, 2002 

Placed on file. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 

0572) 

Communication was received from the City Clerk of 
the filing by the Boston Redevelopment Authority of the 
"B'nai B'rith III, Inc. Chapter 12IA Project New 
Regulatory Agreement and New 6A Contract." 

Placed on file. 



NOTICE FROM CITY CLERK OF FILING BY BRA 
OF CHAPTER 121 A PROJECT (DOCKET NO. 

0573) 

Communication was received from the City Clerk of 
the filing by the Boston Redevelopment Authority of the 
"First Amendment to the Report and Decision on the 
Viviendas La Victoria II Chapter 121 A Project." 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS APRIL 10, 2002 
MEETING (DOCKET NO. 0574) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

April 30. 2002 
To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you ofthe following actions taken 
by the Mayor with regard to the papers acted upon by the 
City Council at its meeting of April 10. 2002, viz: 

0104 Petition ol' Boxer Corporation db/a Action 
Transportation for license to operate motor vehicles for 
the carriage of passengers for hire. 

Approved by the Mayor April 16, 2002 



106 



CITY COUNCIL 



0112 Order authorizing the Sheriff of Suffolk County 
to accept and expend a grant of $50,000 for the provi- 
sion of the Residential Substance Abuse Program. 

Approved by the Mayor April 16, 2002 

0113 Order authorizing the Sheriff of Suffolk County 
to accept and expend a federal grant of $1,206,714 to 
fund the Forensic Access to Community Services 
(FACS) Program. 

Approved by the Mayor April 16, 2002 

0114 Order authorizing the Sheriff of Suffolk County 
to accept and expend a grant of $90,000 for providing 
substance abuse counseling services. 

Approved by the Mayor April 1 6, 2002 

0335 Order authorizing the Parks and Recreation 
Department to accept and expend grants not to exceed 
$250,000 to provide fiinding for park improvements at 
Orchard Park. 

Approved by the Mayor April 16, 2002 

0336 Order authorizing the Parks and Recreation 
Department to accept and expend grants not to exceed 
$500,000 to provide funding for park improvements at 
Mission Hill Playground and Ramsay Park. 

Approved by the Mayor April 1 6, 2002 
0451 Order for supplemental appropriation of 
$738,791 to cover the FY02 costs in the Public Health 
Commission of the collective bargaining agreement 
with SEIU Local 285. 

Approved by the Mayor April 16, 2002 
0476 Constables Bonds of Jeffrey Mathieson. 
Approved by the Mayor April 16, 2002 
Very truly yours, 

Rosario Salerno, 

City Clerk. 
Placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO 0575) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday. May 4, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

John Walsh, Secretary, $865.39/week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0576) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 27, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Jose A. Rojas, Secretary, $500.00/week, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: ROOF DECK 
REGULATION IN CITY (DOCKET NO. 0577) 

Councilor KELLY offered the following: 

Whereas, Although the construction of roof decks in 
South Boston has been going on for more than two 
decades, in recent years the number of building applica- 
tions has increased dramatically; and 

Whereas, For the most part, roof decks are harmless 
and, in fact, may be a positive addition when they pro- 
vide an opportunity for residents to enjoy a view of the 
city, or place for a family get together; and 



Whereas, On the other hand, the enjoyment of a roof 
deck to some can be the cause of grief to the immediate 
neighbors when privacy rights are threatened, or the get 
together turns into a late night party; and 

Whereas, In some instances roof decks that comply 
with applicable zoning requirements are built as a mat- 
ter of right; while in other instances residents who live a 
block away cannot proceed with work until a zoning 
variance has been approved by the city's Board of 
Appeal; and 

Whereas, This situation gives the perception that 
some applicants are being treated differently than others 
- especially to the average citizen who is not familiar 
with all the nuances of the Boston Zoning Code; be it 
therefore 

Ordered, To address these aforementioned problems 
the appropriate committee of the Boston City Council is 
requested to invite representatives of the Boston 
Redevelopment Authority to a public hearing for the 
purpose of amending the zoning code, where needed, to 
determine whether it would be possible to require that 
all roof deck applications in Ward 6, and precincts 1-9 
of Ward 7, be approved by the city's Board of Appeal. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER FOR HEARING TO REVIEW AND REVISE 
RULES AND REGULATIONS FOR SIGHT- 
SEEING AUTOMOBILES IN CITY (DOCKET 
NO. 0578) 

Councilors TOBIN and SCAPICCHIO offered the 
following: 

Whereas: Chapter 399 of the Acts of 1931, the Rules 
and Regulations for Sight-Seeing Automobiles, was last 
amended in 1950; and 

Whereas: Methods of transportation for the tourism 
industry have changed since 1950; and 

Whereas: The landscape and traffic patterns of the 
City of Boston and the Boston Transportation 
Department's Rules and Regulations have changed over 
the past 52 years; and 

Whereas: The Department of Telecommunications 
and Energy is updating their regulations that pertain to 
sight-seeing vehicles; and 

Whereas: City and State regulations do not always 
coincide; and 

Whereas: It is incumbent upon the City of Boston to 
ensure that sight seeing services are provided in a safe, 
efficient, and equitable manner; Therefore be it 

Ordered: That the appropriate Boston City Council 
committee conduct a hearing to review and revise the 
City Rules and Regulations for Sight-Seeing 
Automobiles in the City of Boston and to formulate rec- 
ommendations that will be submitted to the Department 
of Telecommunications and Energy. 

Referred to the Committee on Aviation and 
Transportation. 



ORDER REGARDING RE-APPOINTMENT OF 
LAWRENCE DICARA AS MEMBER OF 
AUDIT COMMITTEE FOR TERM EXPIRING 
NOVEMBER 2006 (DOCKET NO. 0102) 

Councilor KELLY called Docket No. 0102 from the 
Committee on Post Audit and Oversight. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor KELLY, the order was 
passed. 



MAY 1, 2002 



107 



ORDER REGARDING RE-APPOINTMENT OF 
CHRISTINE PRATT AS MEMBER OF AUDIT 
COMMITTEE FOR TERM EXPIRING 
NOVEMBER 2006 (DOCKET NO. 0103) 

Councilor KELLY called Docket No. 0103 from the 
Committee on Post Audit and Oversight. 

No objection being heard the matter was before the 
body. 

On motion of Councilor KELLY, the order was 
passed. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 
2 late-filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR HEARING RE: TEENAGE BINGE 
DRINKTNG (DOCKET NO. 0597) 

Councilors HONAN, FLAHERTY, FEENEY, 
KELLY, ROACHE, ROSS, SCAPICCHIO, TOBIN, 
TURNER and YANCEY offered the following: 

Whereas: National studies indicate teenage binge 
drinking is on the rise, and teens are drinking more, at a 
younger age. 

Whereas: Teenagers accounted for 25 % of all alcohol 
consumed in the United States last year. 

Whereas: Alcohol and other drugs are the leading 
causes of death and injury for teens as a contributor to 
car accidents, homicides, suicides, and other tragedies. 

Whereas: Reversing this troubling trend is of para- 
mount concern for all communities within the City of 
Boston and will require the cooperation of teachers, 
police, physicians and teen counselors. Therefore be it 

Ordered: That the appropriate committee of the 
Boston City Council hold a hearing to examine the 
impact and efficacy of a "pre-complaint" approach to 
stemming this trend. Be if frirther 

Ordered: That the City Council invite representatives 
and advocates from the Boston community to testily as 
to the impact of teen drinking city-wide, and the effi- 
cacy of current programs in place. 

Referred to the Committee on Public Health. 



Ordered: That the City Council be apprised by an 
NSTAR representative as to the company's plan to 
reduce the likelihood that a similar event will occur in 
the future, especially during an anticipated increase in 
electricity consumption during the summer months. 

Referred to the Committee on Public Utilities. 



CONSENT AGENDA 

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

Councilor Feeney: Declaring April 27, 2002 "Father 
James Lane Day" (Docket No. 0579). 

Councilor Ross: Declaring April 27, 2002 
"Northeastern University Service Day" (Docket No. 
0580). 

Councilor Murphy: Declaring April 14, 2002 
"Jennifer Covino Day" (Docket No. 0581). Recognizing 
Bill Barrett (Docket No. 0582). Recognizing Barry 
Hickman (Docket No. 0583). Recognizing Cranston 
"Chan" Rogers (Docket No. 0584). Declaring May 12, 
2002 "Charlie Barr Day" (Docket No. 0585). Declaring 
April 25, 2002 "Salvation Army Volunteer Day" 
(Docket No. 0586). 

Councilor Honan: Congratulating Darrin Dawley 
(Docket No. 0587). Congratulating Dana Laurendeau 
(Docket No. 0588). 

Councilor Tobin: Congratulating Elvis Garcia 
(Docket No. 0589). Congratulating South Street Tenants 
Task Force (Docket No. 0590). Congratulating Beatriz 
McCormie Zapater (Docket No. 0591). Congratulating 
Will Sanders (Docket No. 0592). Congratulating Arthur 
and Kathleen Levitsky (Docket No. 0593). 

Councilors Roache and Honan: Congratulating the 
Police Gaelic Column on their 10th Anniversary 
(Docket No. 0594). Congratulating Helene Quinn 
(Docket No. 0595). 

Councilor Honan: Congratulating Judge Domenic 
Russo (Docket No. 0596). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF PRESIDENT FLAHERTY 



ORDER FOR HEARING RE: POWER OUTAGES 
AND EXPLOSIONS FROM NSTAR (DOCKET 
NO. 0598 

Councilors HONAN, ROSS, FLAHERTY, TURNER, 
SCAPICCHIO, YANCEY, KELLY, ROACHE, FLA- 
HERTY, TURNER, FEENEY and MURPHY offered 
the following: 

Whereas: 10,000 citizens of Allston were without 
electric power due to an explosion at a local power sta- 
tion, putting residents' safety at risk, and requiring an 
emergency response from Boston police and firefight- 
ers; and 

Whereas: A section of the Massachusetts Turnpike 
and local streets were temporarily closed due to this 
explosion; and 

Whereas: This is the second explosion within the City 
of Boston at an NSTAR-operated substation in the past 
eight months; and 

Whereas: The issue of safe, reliable generation and 
supply of electricity is a critical public safety concern 
for the City of Boston; Therefore be it 

Ordered: That the appropriate committee of the 
Boston City Council hold a hearing to examine the fac- 
tors causing this event and to determine more accurately 
the resulting impact on Boston residents and the City of 
Boston. Be it further 



President Flaherty just wanted to remind the 
Councilors that the budget hearings are taking place and 
to be aware of that fact and to please try to schedule 
their hearings around the budget hearings. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so, Councilor 
Murphy on behalf of himself and Councilor Feeney 
asked that when we adjourn today we do so in memory 
of Jacqueline Flaherty, mother of Sue McMorrow in the 
Mayor's Office and former neighbor of the Councilors. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
Scapicchio asked that when we adjourn today we do so 
also in memory of Mike Ruggerio of East Boston who 
died suddenly at the age of 34. 



108 CITY COUNCIL 



Adjourned at 1:00 p.m. on motion of President 
Flaherty in memory of Jacqueline Flaherty and Mike 
Ruggerio to meet again on Wednesday, May 8, 2002 at 
12:30 p.m. 



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



i 



CITY COUNCIL 



109 



CITY OF BOSTON 



Proceedings of City Council 

Wednesday, May 8, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:40 p.m., President FLAHERTY in the Chairs and all 
members present. 



INVOCATION 

Reverend John Teebagy, Church of St. John of 
Damascus, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR HONAN 

Councilor HONAN presented resolutions to Marilyn 
Brambilla and Cheryl Rankin, Central Staff employees 
who assisted in apprehending a suspected criminal 
offender within the Council offices. 



ORDER FOR REAPPOINTMENT OF JAMES H. 
GREENE TO BOARD OF DIRECTORS OF 
BOSTON INDUSTRIAL DEVELOPMENT 
FINANCING AUTHORITY FOR TERM 
EXPIRING APRIL 1, 2007 (DOCBCET NO. 
0599) 

The following was received: 

City of Boston 
Office of the Mayor 

April 2, 2002 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, pursuant to 
M.G.L. c. 40D, §3, an order approving the reappoint- 
ment of James H. Greene of 86 Moss Hill Road, Jamaica 
Plain, to the Board of Directors of the Boston Industrial 
Development Financing Authority. 

I urge your Honorable Body to pass this order at the 
earliest possible date so that Mr. Greene can continue 
his duties on the Board. 

Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That pursuant to the provisions of M.G.L. 
C.40D, §3, the re-appointment of James H. Greene of 86 
Moss Hill Road, Jamaica Plain, to the Board of 
Directors of the Boston Industrial Development 
Financing Authority for a term to expire April 1, 2007, 
be and the same hereby is approved. 

Referred to the Committee on Planning and 
Economic Development. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 0600) 

The Constables' Bonds of the following, having been 
duly approved by the Collector- Treasurer, were received 
and approved: 

George Adjamian 
John J. Cammarata 
Vincent Carbone 
Stephen A. Christofono 
Pasquale DeFco Jr. 



Edward C. Gentile 
George L. Hodges 
Gerard O. Jodrey 
Thomas C. Kitas 
Juaquin C. Marchando 
Richard E. McKeen Sr. 
William F McKeen Sr. 
Thomas McNair Jr. 
John J.F Nee 
Robert F O'Sullivan Jr. 
James A. Park 
Daniel E. Reardon 
Antonio N. Reese 
Ronny E. Reinford-Pack 
Frank J. Sylvester 
Robert Tyszkowski 
Gerald D.F Vaughan 
Marcia S. Weisman 
James E, White 
Elijah A. Wigon 
Anthony F. Zollo 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0601) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 4. 2002, the 
following be, and hereby is appointed to the position set 
against their name until Friday. June 28, 2002: 

James Coen, Secretary, $950.00, full time. 
Carol A. Mullen-Maguire, Secretary, $950.00, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0602) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 1 1 , 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

E. Joseph O'Keefe, Secretary, $l,042.52/week, ftill 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0603) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 20, 2002 the 
following named person be, and hereby is, appointed to 
the position set against their name until July 12, 2002: 

Diane Albano, Administrative Asst., $740.39, full 
time. 

Joseph Arangio, Secretary, $1,091.96, full time. 

Felix Arroyo-Montano, Administrative Asst., 
$573.95, full time. 

Robert Bialka, Administrative Asst., $730.77, ftill 
time. 

Maria S. Bunuan, Secretary, $300.00, full time. 

Mark A. Chardavoyne, Secretary, $769,24, full time. 

Samuel S. Conti, Secretary $575.00. full time. 

Danielle Daddabbo. Administrative Asst., $96.00, 
part time. 

Robert F. Diggins, Secretary, $251.25, part time. 

Janet M. Doherty, Secretary, $345.65, part time. 



110 



CITY COUNCIL 



William P. Doherty, Administrative Asst., $961.54. 
fiiil time. 

Dennis P. Dwyer, Administrative Asst., $759.62, full 
time. 

Louis A. Elisa, Secretary, $120.00, part time. 

John R. Flavin, Secretary, $251.25, part time. 

Lorraine E. Fowlkes, Secretary, $860.92, full time. 

Annmarie Geary, Secretary, $305.00, part time. 

Carolyn Geary, Administrative Asst., $986.73, full 
time. 

Alex Geonrantas, Secretary, $1,057.70, full time. 

Elaine 1 Gowdy, Administrative Asst., $576.92, full 
time. 

John P. Hannigan, Administrative Asst., $1,024.90, 
full time. 

Joyce L. Holland. Secretary. $1,048.28, full time. 

David B. Isberg, Administrative Asst., $1,119.23, full 
time. 

Bemadette Lally, Secretary, $400.00, part time. 

Michael F. Larkin, Secretary, $1,073.61, full time. 

Aoibhean McDermott, Secretary, $396.40, part time. 

Thomas M. McDonough, Administrative Asst., 
$670.50, full time. 

Patricia A. Miller, Administrative Asst., $634.62, full 
time. 

Michael Moran, Secretary, $375.00, full time. 

Michelle Morrison, Secretary. $766.28, full time. 

Robert J. Noto. Jr.. Administrative Asst., $625.00, full 
time. 

Laura O'Brien, Secretary, $696.16, full time. 

Karen M. Pinckney, Secretary, $609.77, full time. 

Marta E. Rivera, Administrative Asst., $814.18, full 
time. 

Lonnie S. Rosenberg, Secretary, $957.85, full time. 

Irene M. Smith, Administrative Asst., $785.44, full 
time. 

Timothy E. Stack, Secretary, $287.40, part time. 

Constance Sullivan, Administrative Asst., $172.42, 
part time. 

Kathleen Sullivan, Administrative Asst., $814.20, fill! 
time. 

Paul J. Walkowski, Administrative Asst., $958.57, full 
time 

Lauren A. Wallace, Secretary, $709.00, full time. 

Kelly M. Walsh, Secretary, $72.00, part time. 

Richard Wood, Administrative Asst., $336.00, part 
time. 

Kenneth W Yarbrough, Secretary, S597.7I, full time. 

Angela S. Yarde, Administrative Asst., $840.43, full 
time. 

Marilyn Brambilla, Business Manager, $908.01, full 
time. 

Ron Cobb, City Messenger, $815.25, full time. 

Ann Hess, Staff Director, $1,296.35, full time. 

Donald R Koch, Legislative Analyst, $1,173.08, full 
time. 

Juan Lopez, Legislative Asst., $881.45, full time. 

Cora K Montrond, Legislative Asst., $792.31, full 
time. 

James J. O'Donnell, Programming Manager, S961.54, 
full time. 

Alicia M. Rampulla, Act. Research Director, $932.69, 
full time. 

Cheryl M. Rankin, Receptionist, $673.00, full time. 

Sheila C. Temple, Budget Director, $1,110.57, full 
time. 

Gregg A.Tivnan, Asst. Budget Director, $942.31, full 
time. 

Passed under suspension of the rules. 



ORDINANCE TO ENHANCE RESIDENTIAL 
PARKING PROGRAM 

Whereas: City residents with residential parking per- 
mits have difficulty obtaining parking spots in their 
neighborhoods; and 

Whereas: Residents often cannot find parking spots 
because resident parking spots have been taken by ille- 
gally parked valet cars and non-residents and because 
the resident parking program is oversubscribed, in some 
cases greater than a 4 to 1 ratio; and 

WTiereas: The cost of illegally parking in resident 
parking spots, especially in downtown areas such as 
Beacon Hill. Back Bay, Fenway, and the North End, is 
below the cost of many downtown public parking 
garages; and 

Whereas: An increase in the illegal resident parking 
fine will reduce the number of nonresidents who ille- 
gally park in designated resident parking areas; and 

Whereas: A nominal fee for multi-car ownership for 
an additional resident parking sticker will help offset the 
costs of the resident parkmg program and also will 
reduce the number of cars seeking residential parking; 
and 

Whereas: The revenue raised by the increased illegal 
resident parking fine may be directed to programs such 
as the Boston Culttual Agenda Fund and Boston Film 
Bureau that did not receive funding in the proposed 
FY03 budget. Now Therefore: 

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

Chapter 6 is hereby amended by striking Section 
6-6. 3(f) and replacing it with the following Section 
6-6.3(f): 

Section 6-6. 3(f) The fine for parking a vehicle in 
violation of the prohibition against parking within 
Residential Parking Districts, unless said vehicle dis- 
plays in the rear window a valid and current sticker as 
issued by the Transportation Department for the district 
in which the vehicle is parked, shall be (i) Forty Dollars 
and No Cents ($40.00) for each such violation within 
"Zone A" as defined by the Boston Transportation 
Commission and (ii) Thirty Dollars and No Cents 
($30.00) for each such violation within "Zone B" as 
defined by the Boston Transportation Commission. A 
penalty of Ten Dollars and No Cents ($10.00) shall be 
assessed if the fine remains unpaid twenty-one (21) days 
after issuance of a notice of such violation. 

Chapter 18 is hereby amended by appending the fol- 
lowing Section 18-1.16(45) as follows: 

Section 18-1.16(45) Residential Parking Permits. 
There shall be no fee charged for the first Resident 
Parking Permit per household. The fee to be charged by 
the Boston Transportation Department or the Office of 
the Parking Clerk for the issuance of Additional 
Resident Parking Permits per household shall be 
Twenty-Five Dollars and No Cents ($25.00) per year for 
residents of the City of Boston who successfully apply 
for a Residential Parking Permit. 

Referred to the Committee on Government 
Operations. 



ORDINANCE TO ENHANCE RESIDENTIAL 
PARjaNG PROGRAM (DOCKET NO. 0604) 

Councilors ROSS and TOBIN offered the following: 

City of Boston 
In the Year Two Thousand and Two 



RESOLUTION FOR HEARING TO DISCUSS 
MEANS TO INCREASE PARKING ENFORCE- 
MENT AT NIGHT AND ON WEEKENDS 
(DOCKET NO. 0605) 

Councilors ROSS and TOBIN offered the following: 

Whereas: Approximately one year ago, the Boston 
Transportation Department adopted its "Lets Get 
Moving" program; and 

Whereas: The "Let's Get Moving" program reduced 
nighttime and weekend parking enforcement, shifting 
parking enforcement during nighttime and weekend 
hours to the Boston Police Department; and 



MAY 8, 2002 



111 



Whereas: Regularly scheduled nighttime and week- 
end enforcement would make it easier for residents to 
find parking in their neighborhood because non resi- 
dents are illegally parking in resident parking spots; and 

Whereas: After September 11th the Boston Police 
Department's focus has justifiably been on public safety, 
further reducing parking enforcement at night and on 
weekends; and 

Whereas: Increasing Parking Enforcement Officers 
will result in net revenue for the City of Boston; and 

Whereas: There may be a need to supplement night- 
time and weekend parking enforcement by renewing 
Boston Transportation Department parking enforcement 
during nighttime and weekend hours. Therefore Be it 

Resolved: The Boston City Council hold a public 
hearing to discuss means to increase parking enforce- 
ment at night and on weekends; and Be it Further 

Resolved: That appropriate personnel from the 
Boston Police Department and Boston Transportation 
Department testify at the hearing. 

Referred to the Committee on Transportation. 



that will give Boston an opportunity to draw on avail- 
able assets without increasing fees, fines or taxes. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER AUTHORIZING CITY CLERK PURSUANT 
TO SECTION 12(b) OF CHAPTER 30B TO 
SOLICIT AND AWARD CONTRACT FOR 
PROVISION OF PROFESSIONAL RECORDS 
CENTER SERVICES FOR STORAGE OF 
INACTIVE CITY GOVERNMENT RECORDS 
(DOCKET NO. 0606) 

Councilor FEENEY offered the following: 

Ordered: That the City Clerk is hereby authorized, 
pursuant to section 12(b) of chapter 30B of the 
Massachusetts General laws, to solicit and award con- 
tracts for a term of up to three years, with options to 
renew annually for up to two years, for the provision of 
professional records center services for the storage of 
inactive city government records. Such contracts would 
be subject to the availability of an annual appropriation. 

On motion of Councilor FEENEY, the rules were 
suspended; the order was passed. 



ORDER RE: BOSTON REDEVELOPMENT 
AUTHORITY (DOCKET NO. 0607) 

Councilors KELLY, HENNIGAN, ROACHE, 
FEENEY, YANCEY and TURNER offered the follow- 
ing: 

Whereas, The Boston Redevelopment Authority 
(BRA) in recent years through its eminent domain pow- 
ers has taken property that had been owned by the tax- 
payers and citizens of Boston; and 

Whereas, For the first time in nearly a decade the city 
is facing difficult economic times and the city is con- 
sidering a freeze on wages for collective bargaining 
units, privatization of certain jobs historically performed 
by union workers, a reduction in city services and pos- 
sible layoffs for city employees; and 

Whereas, There are also proposals to increase fees 
and fines for city residents, many of whom can ill afford 
to pay more, while at the same time there is a steady 
increase in property taxes across the city which means 
higher rents and more expensive housing; and 

Whereas, While the city has a projected shortfall of 
$50 million, the general fund of the BRA is consider- 
able. Indeed, a recent sUidy by the Pioneer institute iden- 
tified BRA assets and operating expenses to be well in 
excess of $100 million; he it therefore 

Ordered, That the city council conduct a public hear- 
ing to get an accurate accounting of the finances of the 
BRA, and to consider retrieving all city owned property 
that has been taken by eminent domain or conveyed to 
the BRA over the past ten years, and further, to discuss 
implementing a PI.L.O.T. (payment in lieu of taxes) plan 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: BOSTON REDE- 
VELOPMENT AUTHORITY (DOCKET NO. 
0608) 

Councilors KELLY, HENNIGAN and YANCEY 
offered the following: 

Ordered: That, under the provisions of Section 1 7F 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 location of all BRA owned parcels. 

2. The size (square feet) and value of each parcel. 

3. The list of parcels acquired through eminent 
domain, foreclosure, or otherwise, during the past ten 
years, and the year the parcels were acquired; also, the 
names of the prior owners of the parcels. 

4. The list of said parcels that, once acquired were 
disposed of, including the amount received by the BRA, 
or the details of any agreements made in lieu of a cash 
sale. 

5. A listing of all properties being leased or rented as 
well as the use for which each parcel is being leased or 
rented, and the annual income to the BRA for said leases 
or rentals over the past ten years. 

6. A copy of the current operating budget of the BRA, 
as well as copies of the budget for the past ten years. 

7. A current listing of all bank accounts and balances 
or other investments by the BRA, as well as a break- 
down of the amount of each balance at the close of each 
year for the past ten years. 

8. A listing of all federal and state monies received by 
the BRA for each of the past ten years. 

On motion of Councilor KELLY, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING INTO TUNNEL VENT 
STACKS LOCATED ON SOUTH BOSTON 
WATERFRONT AND ELSEWHERE IN CITY 
(DOCKET NO. 0609) 

Councilors KELLY and FLAHERTY offered the fol- 
lowing: 

Whereas, The Massachusetts Turnpike Authority 
(MTA), which oversees construction of the Big Dig, also 
oversees the construction of a series of tunnel vent 
stacks along the waterfront and around downtown 
Boston, that are designed to carry and recirculate fresh 
air from the tunnels that will carry traffic through and 
around Boston when the Big Dig is complete; and 

Whereas, The venting system is to be comprised of 8 
towers that rise above the city skyline, ranging in height 
from 68 feet to 22 1 feet; and 

Whereas, The vent towers have been criticized by cit- 
izens because they are architecturally inappropriate and, 
in fact, downright ugly, and at least one of the towers is 
in the heart of historic downtown Boston and the South 
Boston waterfront; and 

Whereas, One critic of the towers, Alphonse S. 
Deirisola. a professional engineer who was a consultant 
to the four billion dollar East Side Access Project in 
New York, told the Boston Herald that the size of the 
towers is unnecessary, too costly, and no more cfFecti\e 
than underground ventilation systems used for compara- 
ble projects. His partner Dimiter Gorchev said the 
design was '" a scandal of epic proportions"; and 



112 



CITY COUNCIL 



Whereas, A column by Peter Gelzinis in the Boston 
Herald reported that former state transportation secre- 
tary Fred Salvucci criticized the design of the ventila- 
tion building; and 

Whereas, In another article in the Boston Globe the 
MTA indicated that it would be willing to work with 
neighborhood residents to address aesthetics of the 
structures that are now part of Boston's skyline; and 

Ordered, That because the MTA has indicated a will- 
ingness to hear neighborhood concerns, the Boston City 
Council conduct a public hearing to discuss the tunnel 
vent stacks, and that representatives of the MTA, the 
city's transportation and public works departments, 
architectural engineers, neighborhood residents and 
other concerned citizens impacted by the towers be 
invited to attend. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO EXPEND GRANT OF $97,179 FROM 
UNITED STATES DEPARTMENT OF JUS- 
TICE, OFFICE OF JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION FOR PUR- 
POSE OF CONTINUING SOUTH BOSTON 
COMMUNITY COALITION TO PREVENT 
SUBSTANCE ABUSE (DOCKET NO. 0281) 

Councilor HONAN called Docket No. 0281 from the 
Committee on Public Safety. 

No objection being hear4 the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $5,420,80 
FROM ATTORNEY GENERALS OFFICE 
GROVE HALL SNl/WEED AND SEED INITIA- 
TIVE TO SUPPORT BEAT TEAM SUPERVI- 
SOR ATTENDANCE AT COMMUNITY MEET- 
INGS IN TARGETED NEIGHBORHOODS 
(DOCKET NO. 0452) 

Councilor HONAN called Docket No. 0452 from the 
Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN. the order was 
passed. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $13,000 
FROM GOVERNOR'S ALLIANCE AGAINST 
DRUGS FOR PURPOSE OF TRAINED OFFI- 
CERS TEACHING D.A.R.E. (DRUG AWARE- 
NESS RESISTANCE EDUCATION) CUR- 
RICULUM TO PUBLIC SCHOOL CHILDREN 
AS WELL AS ENGAGING CHILDREN IN 
D.A.R.E. RELATED AFTERSCHOOL ACTIVI- 
TIES (DOCKET NO. 0244) 

Councilor HONAN called Docket No 0244 from the 
Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $3,000 
FROM MASSACHUSETTS EXECUTIVE 
OFFICE OF ENVIRONMENTAL AFFAIRS, 
OFFICE OF COASTAL ZONE MANAGEMENT 



FOR PURPOSE OF FUNDING POLICE 
DEPARTMENT'S HARBOR PATROL UNIT 
(DOCKET NO. 0140) 

Councilor HONAN called Docket No. 0140 from the 
Committee on Public Safety. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor HONAN, the order was 
passed. 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF CATHLEEN DOUGLAS STONE AS 
MEMBER OF BOSTON WATER AND SEWER 
COMMISSION FOR TERM EXPIRING JANU- 
ARY 1, 2006 (DOCKET NO. 0280) 

Councilor KELLY called Docket No. 0280 from the 
Committee on Public Utilities and Cable 
Communications. 

Hearing no objection, the matter was before the body. 

On motion of Councilor KELLY, the order was 
passed. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO invited the Councilors to 
another Policy Series meeting on Friday from 12 to 1:30 
p.m. on developing in Boston and real estate. 



STATEMENT OF COUNCILOR YANCEY 

Having unanimous consent to do so. Councilor 
YANCEY asked that when we adjourn today, we do so 
in memory of Myma DuBois Skerritt and Jaelle DuBois 
Skerritt who were killed in a car accident last week. 



STATEMENT OF PRESIDENT FLAHERTY 

Councilor FLAHERTY, on behalf of himself and 
Councilor FEENEY wanted to adjourn in memory also 
of Michael O'Neill, brother of Catherine O'Neill who 
works for the City's Cablevision. 



CONSENT AGENDA 

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

Councilor Ross: Congratulating Jullyce Vilmarie 
Martinez (Docket No. 0610). 

Councilor Murphy: Declaring May 7, 2002 "Jimmy 
Bradley Day" (Docket No. 061 1). 

Councilor Yancey: Congratulating John A. Nancy C. 
DiBiaggio (Docket No. 0612). Congratulating Albert S. 
Houvannesian (Docket No. 0613). Congratulating Dr. 
James F. Kane (Docket No. 0614). Congratulating 
Michael A. Leven (Docket No. 0615). Congratulating 
Mattapan Community Health Center (Docket No. 
0616). Congratulating the Honorable Seymour Mullings 
(Docket No. 0617). 

Councilor Honan: Congratulating 4 persons on 
receiving an AUston Board of Trade Award (Docket No. 
0618). 

Councilor Tobin: Congratulating 7 persons for their 
dedication to the Hebrew Rehabilitation Center (Docket 
No. 0619). 

Councilor Turner: Congratulating Amanda D'Alesio 
and Veronica Whycoff (Docket No. 0620). 



MAY 8, 2002 113 



Councilor Feeney; In honor of Roger Croke (Docket 
No, 0621), 

Councilor Honan: Congratulating Stanley Troisi 
(Docket No, 0622), 

Councilor Murphy: Congratulating Hope and Kevin 
McKenna (Docket No, 0623), 

The Chair stated that in the absence of objection, 
three late-filed matters would be added to the Consent 
Agenda, 

No objection being heard, the following matters were 
added: 

Councilor Flaherty on behalf of all the Councilors: 
Congratulating Marilyn Brambilla (Docket No, 0630), 
Congratulating Cheryl Rankin (Docket No, 0631), 
Councilor Yancey: Congratulating Greater Options for 
Adolescent Lives GOAL (Docket No, 0632). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 2:15 p,m, on motion of President 
Flaherty, in memory of Myrna and Jaelle DuBois- 
Skerritt and Michael O'Neill, to meet again on 
Wednesday, May 15, 2002 at 12:30 p,m. 



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



) 



I 



CITY COUNCIL 



115 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, May 15,2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:40 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Reverend Dan Finn, St. Mark's Church, delivered the 
invocation and the meeting was opened with the pledge 
of allegiance to the flag. 



ORDER FOR CONFIRMATION OF 8 CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF BOND FOR TERM EXPIR- 
ING 4-30-2003 (DOCKET NO. 0633) 

The following was received; 

City of Boston 
Office of the Mayor 

May 3, 2002 
To the City Council. 
Dear Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1, 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

New Constable Application List 

Recommended Approvals 

The following recommendations for approval are new 
applicants. 

Aquino, Simon, 72 Westwind Rd. Dorchester 02125 
Benford, Stanley L., 25 Calder St. Dorchester 02125 
Canepa Ricardo A., 6 Wilbur Ct. #3, E. Boston 

02128 

Cesar, Franck, 230 Waldernar Ave. E. Boston 
Darby, James J., 37 Aspinwall Rd. #1, Dorchester 

02124 

McGowan, John D., 92 Wilmington Ave. #1, 

Dorchester 02 124 

Phillips, Kirk A., 28 Raldne Rd. Hyde Park 02136 
Taylor, Kindreth V, 193 Sycamore St. Roslindale 

02131 

Referred to the Committee on Government 
Operations. 



0634) 
The following was received: 

City of Boston 
Office of the Mayor 

May 3, 2002 
To the City Council. 
Dear Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond for 
the period commencing May 1, 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1 , 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

Renewal Constable Applications List 

Recommended Approval 

The following recommendations for approved are 
renewal applicants. 

Allston, Carroll, 72 Waumbeck St. Dorchester 02121 
Jackson, William D., 64 Thatcher St. Hyde Park 

02136 

Locario, Keith, 24 Mallard Ave. Dorchester 02124 
Manganello, Brian, 237 Marion St. E. Boston 02128 
Miller, Stephen R, 163 H St. S. Boston 02127 
Mucci, Frank I, 830 Parker St. Roxbury 02120 
Powers, James A., 84 Byron Rd. E. Boston 02128 
Ragland-Kelley, Tracey, 6 1 Rexford St. Mattapan 

02126 

Souto, Maria C, 48 Asheville Rd. Hyde Park 02136 
Wilson, Moses E. Jr., 52 Withington St. Dorchester 

02124 

Referred to the Committee on Government 
Operations. 



ORDER FOR CONFIRMATION OF 10 CONSTA- 
BLES AUTHORIZED TO SERVE CIVIL 
PROCESS UPON FILING OF BOND FOR 
TERM EXPIRING 4-30-2003 (DOCKET NO. 



ORDINANCE TO ESTABLISH AND COLLECT FAIR 
AND NON-D1SCRIMIN.ATORY COMPENSA- 
TION FOR USE OF PUBLIC RIGHTS-OF-WAY 
BY PRIVATE ENTERPRISES PROVIDING 
TELECOMMUNICATIONS (DOCKET NO. 
0635) 

The following was received: 

City of Boston 
Office of the Mayor 

April 26, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Ordinance 
setting fees for the use of public rights of ways by 
telecommunications companies. 

The purpose of this ordinance is to allow the City of 
Boston to obtain an appropriate measure of compensa- 
tion for the use of public ways by profit making 
telecommunication companies that occupy city streets 
for their own benefit. 

I request (hat your Honorable Body approve this 
Ordinance at the earliest possible date so that the City of 
Boston may have the benefit of the rosenue this 
Ordinance will provide. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



116 



CITY COUNCIL 



AN ORDINANCE TO ESTABLISH AND COLLECT 
FAIR AND NON-DISCRIMINATORY COMPENSA- 
TION FOR THE USE OF PUBLIC RIGHTS-OF-WAY 
BY PRIVATE ENTERPRISES PROVIDING 
TELECOMMUNICATIONS. 

Whereas, The public rights-of-way within the City are 
used by and useful to private enterprises engaged m pro- 
viding telecommunications services to citizens, institu- 
tions, and businesses located in the City; 

Whereas, The City of Boston has made significant 
investments of time and money in the acquisition and 
maintenance of the public rights-of-way that have 
enhanced their utility and value; 

Whereas, The right to occupy portions of such rights- 
of-way for limited times, for the business of providing 
telecommunications services, is a valuable economic 
privilege, the economic benefit of which should be 
shared with all the taxpayers of the City; and 

Whereas, Fair competition between providers of 
telecommunications services by private enterprises, 
whether by telecommunication, cable system, or public 
utility facilities, can be furthered by compensating the 
City for the use of such rights-of-way on nondiscrimi- 
natory and competitively neutral terms and conditions. 
Now, therefore , be it ordained: 

Section 1 . Purposes 

The City adopts this Ordinance to 

recover fair compensation for those parts of the 
rights-of-way occupied by non-governmental entities in 
their respective businesses; and 

to establish a competitively neutral, non-discrimina- 
tory requirement of compensation for the use of the pub- 
lic rights-of-way by competitive and potentially compet- 
itive private enterprises engaged m providing 
telecommunications services. 

to forestall exhaustion of a limited public resource by 
employing economic pricing to deter profligate use of a 
free good. 

Section 2. Authority 

This Ordinance is adopted pursuant to the City's pow- 
ers including but not limited to those under 
Massachusetts Constitutional Amendment Article 89, 
and Massachusetts General Laws, Chapter 40, section 3. 

Section 3. Title 

This Ordnance is known and may be cited as the 
"Boston Telecommunications Rights-of-Way 
Compensation and Fair Competition Ordinance." 

Section 4. Definitions 

(a) Affiliate. The term "affiliate," when used in rela- 
tion to any person, means another person who de facto 
or de jure owns or controls, is owned or controlled by, or 
is under common ownership or control with, such per- 
son. 

(b) Cable service. "Cable service" means: ( 1 ) the one- 
way transmission to subscribers of (A) video program- 
ming or (B) other programming service; and (2) sub- 
scriber interaction, if any, which is required for the 
selection or use of such video programming or other 
programming service. 

(c) Cable system. The term "cable system" means a 
facility, consisting of a set of closed transmission paths 
and associated signal generation, reception, and control 
equipment that is designed to provide cable service 
which includes video programming and which is pro- 
vided to multiple subscribers within a community, but 
such terms does not include: (1) a facility that serves 
only to retransmit the television signals of one or more 
television broadcast stations; (2) a facility that serves 
subscribers without using any public rights-of-way, (3) a 
facility of a common carrier which is subject, in whole 
or in part, to the provisions of Title II (Common 
Carriers) of the Communications Act of 1934, as 
amended, 47 U.S.C., ch. 5, subch. II, except that such 
facility shall be considered a cable system to the extent 
such facility is used in the transmission of video pro- 
gramming directly to subscribers; or (4) any facilities of 
any electric utility used solely for operating its electric 



utility systems. An open video system is a cable system, 
except to the extent it provides telecommunications ser- 
vices for hire. 

(d) City. The term "City" means the municipal corpo- 
ration of the City of Boston and all of its departments as 
organized under the laws of the Commonwealth of 
Massachusetts and its corporate territorial limits as they 
exist from time to time. 

(e) Facilities. Facilities are tangible, bounded devices 
over or through which communications are transmitted 
or which control or process transmissions of communi- 
cations. 

(f) Gross revenues. (1) The term "gross revenues" 
includes any and all revenue derived directly or indi- 
rectly by any registered provider, its affiliates, sub- 
sidiaries, parent companies, holding companies or any 
person in whom the registered provider has a financial 
interest, proceeding or accruing from: 

(A) the provision of telecommunications services 
originating or billed to an address within the City pro- 
vided by or employing telecommunications facilities 
located in the public rights-of-way, without regard to the 
ownership of the facilities, which provision shall be 
interpreted to include revenue received for all services 
and facilities; 

(B) the provision of telecommunications facilities 
located in the public rights-of-way, which provision 
shall be interpreted to include revenue received for all 
services and ancillary equipment; 

(C) the user fee collected pursuant to this Ordinance; 
and 

(D) the relative proportional value of telecommunica- 
tions service only, in cases where telecommunication 
service is bundled and provided with non-telecommuni- 
cation service. 

(2) Provided, however, that the term gross revenues 
shall not include: 

(A) taxes imposed directly upon any subscriber or 
user by the Federal, State, county, or other governmen- 
tal unit and collected and remitted by the such registered 
provider; and 

(B) revenues included for purposes of calculating the 
fee, if any, due and payable by such person pursuant to 
Section 18-1.3(23) of the Boston Municipal Code. 

(3) Provided further, however, that a registered 
provider of telecommunications facilities or services 
shall not be required to pay user fees on any given dol- 
lar of revenue for which another person has paid the user 
fee. To avoid double user fee recovery, a registered 
telecommunications provider of telecommunications 
facilities or services shall not include in its calculation 
of gross revenues revenue received for sale or lease of 
telecommunications facilities or services to a separate 
registered telecommunications provider, upon submis- 
sion to the City, in a fonri acceptable to the City, evi- 
dence that such other telecommunications provider has 
separately remitted the user fee required under this 
Ordinance and applicable to those revenues. 

(g) Person. The term "person" includes any individ- 
ual, corporation, partnership, association, joint stock 
company, trust, governmental entity, or any other legal 
entity, but not the City, Commonwealth of 
Massachusetts or the United States Federal Government. 

(h) Private Communications System. The term "pri- 
vate communications system" means a facility placed in 
whole or in part in the public rights-of-way and used for 
the provision of communications in connection with the 
system owner's business, but not used, sold, or leased, in 
whole or in part, to provide telecommunications service 
for a fee indirectly or directly to the public or to provide 
telecommunications facilities to any person not an affil- 
iate of the private communications system owner. 

(i) Private Communications System Owner. The term 
"private communications system owner" means a per- 
son that owns, leases, or exercises de facto or de jure 
control of a private communications system. 

(j) Public Rights-of-Way. The term "public rights-of- 



MAY 15, 2002 



117 



way" means the space above and below the surface of 
any public highway, avenue, street, lane, alley, boule- 
vard, sidewalk, concourse, driveway, bridge, tunnel, 
park, parkway, waterway, dock, bulkhead, wharf, pier, 
public easement, rights-of-way or any other public 
ground or water within the City or in which the City 
now or hereafter holds any property interest which, con- 
sistent with the purposes for which it was dedicated or 
otherwise acquired, may be used for the purpose of 
locating, constructing, operating, and maintaining a 
telecommunications facility. No reference herein, or in 
any franchise, license, or other use agreement, to a pub- 
lic right-of-way shall be deemed to be a representation 
or warranty by the City that its interest or other right to 
control the use of such property is sufficient to permit 
its use for such purposes, and a franchisee, licensee or 
use agreement party shall be deemed to acquire thereby 
no more than those rights of user as the City may have 
the undisputed right and power to give. 

(k) Registered Provider. The term "registered 
provider" or "registered telecommunications provider" 
shall mean a person subject to Section 6(b) of this 
Ordinance and who registers in accordance therewith. 

(I) Telecommunications. The term "telecommunica- 
tions" means the transmission, between or among points 
specified by the user, of information of the user's choos- 
ing, without material change in the form or content of 
the information as sent and received. 

(m) Telecommunications facility. The term "telecom- 
munications facility" means that part of a tangible facil- 
ity that is used to provide telecommunications. 
"Telecommunications facility" includes a Cable System 
to the extent that is used to provide telecommunications. 

(n) Telecommunications provider The term "telecom- 
munications provider" means a person who provides a 
telecommunications service using, or who owns or oper- 
ates a telecommunications facility located in, the public 
rights-of-way. 

(0) Telecommunications service. The term "telecom- 
munications service" means the offering of telecommu- 
nications for hire. 

(p) User fee. The "user fee" is a charge against the 
registered owner or operator of telecommunications 
facilities in the public rights-of-way whereby the City 
recovers fair compensation for private use of the public 
rights-of-way, and is assessed in addition to such other 
fees, charges, payments or mandatory expenditures as 
may be provided for under any other provision of the 
Boston City Code. 

Section 5. Compensation for Use of the Public Right- 
of-Way 

(a) Each telecommunications provider who shall 
erect, hang, lay, bury, draw, emplace, construct, or rent, 
lease or use any telecommunications facility beneath or 
over the surface of any public rights-of-way shall pay a 
user fee, due and payable in four (4) quarterly install- 
ments, to the City, as compensation for the right to use 
the public rights-of-way, in an amount equal to five per- 
cent (5 %) of annual gross revenues. 

(b) Each telecommunications provider or a private 
communications system owner who shall present evi- 
dence to the City, in a form acceptable to the City, that 
the telecommunications provider or private communica- 
tions system owner shall make only de minimis use of 
specific route(s) of the public rights-of-way or other 
City property, shall pay a user fee to the City, as com- 
pensation for the right to use the public rights-of-way, in 
an amount to be determined by the City on case-by-case 
basis, which determination shall take into account: 

(1) the market value of the property interest in the 
specific route(s) based on what a purchaser willing but 
not obliged to buy the property interest in the specific 
route(s) would pay to an owner willing but not obliged 
to sell it, taking into consideration all uses lor which the 
property is suited, including its value as a corridor; 

(2) the cost of acquiring, improving and maintaining 
the public rights-of-way or other City properly and the 
effect thereon of such use; 



(3) the present and projected scarcity of space based 
on demand for uses of the specific routes which may be 
impaired or impeded by such use; and 

(4) the alternative public interest uses of the specific 
routes. 

(c) Each telecommunications provider whose facili- 
ties transit the City without directly or indirectly gener- 
ating material gross revenues, as herein defined, shall 
pay a quarterly user fee in an amount to be determined 
by the City on a case-by-case basis, which determina- 
tion shall take into account the four factors listed in the 
preceding subsection (b). 

Section 6. Administration 

(a) There is hereby established within the 
Management Information Service Department an Office 
of Telecommunications, which shall be under the charge 
of an officer known as the Director, who shall be 
appointed by the Mayor and serve at the pleasure of the 
Mayor. Said Director may from time to time establish 
rules and regulations not inconsistent with the 
Ordinance. 

(b) No person shall provide telecommunications ser- 
vice or facilities to others or to operate telecommunica- 
tions facilities after [the effective date] or continues to 
provide telecommunications service or facilities to oth- 
ers or to operate telecommunications facilities m the 
public rights-of-way more than one-hundred-twenty 
(120) days after [the effective date] unless such person 
is registered as a telecommunications provider by the 
Office of Telecommunications. 

(c) The City expressly reserves the right to audit any 
amounts determined to be payable under this Ordinance. 
Each telecommunications provider shall maintain 
books, records, and plant accounts sufficient to docu- 
ment gross revenues as defined herein. Such books, 
records, and accounts shall be maintained and available 
for inspection for a period of four years; provided how- 
ever, that such books, records, and accounts shall be 
maintained and available during the continuation of any 
audit by or on behalf of the City commenced during 
such four year period or during any dispute or litigation 
with respect thereto. 

(d) Each telecommunications provider shall file 
annually a statement of gross revenues in such form as 
may be required by the City, and remit therewith any 
balance due on the user fee for the year required by this 
chapter 

Section 7. Severability 

In the event that any court of competent jurisdiction 
should find any provision of this Ordinance to be unen- 
forceable or otherwise unlawful, the remainder of the 
Ordinance shall be construed in a way that will effect 
the Councils purpose to the greatest extent possible. 

Section 8. Effective Date 

This Ordinance shall become effective on July 1. 
2002. 



EXECUTIVE SUMMARY OF THE BOSTON 

TELECOMMUNICATIONS RIGHT-OF-WAY 

ORDINANCE 

The public rights-of-way of the City are an important 
and scarce resource maintained at significant expense 
by the taxpayers of Boston. The City is facing increas- 
ing demand for this limited useable space. Private 
telecommunications providers seek to permanently 
occupy the rights-of-way by placing telecommunica- 
tions facilities above and below the right-of-way sur- 
face. Currently, they pay no rent, and therefore, have no 
business incentive to moderate their demands to occupy 
the City's rights-of-way. By contrast, cable television 
operators annually pay 5% of their gross revenues to the 
City as rent to occupy the public rights-of-way. All users 
of the public rights-of-way are already supposed to pay 
restoration costs to the City for damage to the right-of- 
way caused by their installation or repair work above 
and below the public rights-of-way. 



118 



CITY COUNCIL 



The City has determined that a percentage of local 
gross revenues is a fair and reasonable means of com- 
pensating the City for the fair market value of the right 
to extensively occupy and use public rights-of-way. It 
encourages new providers to enter the Boston telecom- 
munications market at low initial cost, while it ensures 
that the rent will increase as a provider's use increases. 
The City has determined that gross revenues are a rea- 
sonable means of measuring a provider's use of the pub- 
lic rights-of-way - as a provider sells more of its prod- 
uct, its use and activity within the right-of-way grows. 
Gross revenues may be verified, whereas access line 
counts and total miles of conduit banks and wires are 
more difficult to verify. Finally, the City has established 
the rental rate at 5% because it is the rate detennined by 
Congress to be a fair and reasonable rent for compara- 
ble use of the public rights-of-way by cable operators. 

The City's Right-of-Way Ordinance will require 
armual rent equal to 5% of local gross revenues as com- 
pensation to the City for the right to occupy and use the 
City's public rights-of-way with their telecommunica- 
tions facilities. Payments of rent are due quarterly, to 
limit the risk of uncompensated occupancy and use by 
providers that may unexpectedly become unable to pay 
the rent. Rent to occupy and use the rights-of-way will 
be paid by owners of telecommunications facilities 
placed in the right-of-way, and by telecommunications 
service providers that utilize such facilities in the right- 
of-way to provide service within the City, regardless of 
whether they own or lease such facilities. However, the 
Ordinance specifically prevents double recovery of rent. 
The gross revenues of a telecommunications facilities 
provider will not include revenue it receives from selling 
or leasing its facilities or services to other telecommu- 
nications service providers if those other providers are 
already paying rent to the City. 

Finally, for occupancy and use of limited, specific 
routes beneath, above, or across the public rights-of- 
way, the Right-of-Way Ordnance will require fair mar- 
ket value rent, to be determined on a case-by-case basis. 
Specific route occupants include: telecommunications 
facilities owners or service providers that make only de 
minimis use of specific routes within the City; telecom- 
munications facilities owners whose facilities transit the 
City without providing local service; and private com- 
munications systems owners, such as banks and univer- 
sities that use specific portions of the rights-of-way to 
provide communications to specific locations such as 
branches or buildings, but which do not offer telecom- 
munications service to the public for hire. 

Referred to the Committee on Government 
Operations. 



(DOCKET NO. 0638) 
Notice was received from the Mayor of his absence 
fi-om the City on May 9, 2002 until May 14, 2002. 
Placed on file. 



JITNEY APPLICATION 
(DOCKET NO. 0636) 

Petition of Uloma Express, Inc. for license to operate 
motor vehicles for the carriage of passengers for hire 
over certain streets in Boston. 

Referred to the Committee on Aviation and 
Transportation. 



NOTICE RECEIVED FROM MAYOR OF REAP- 
POINTMENT OF VIVIAN LEO AS TEMPO- 
RARY COLLECTOR TREASURER FOR 
PERIOD NOT TO EXCEED SIXTY (60) DAYS 
(DOCKET NO. 0637) 

Notice was received from the Mayor of the reappoint- 
ment of Vivian Leo as Temporary Collector Treasurer 
for a period not to exceed sixty (60) days. 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS APRIL 24, 2002 
MEETING (DOCKET NO. 0639) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

May 14, 2002 
To the City Council. 
Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you ofthe following actions taken 
by the Mayor with regard to papers acted upon by the 
Cify Council at its meeting on April 24, 2002, viz: 

0295 Ordinance re: recycling for large residential 
buildings. 

Approved by Mayor May 8, 2002 
Very truly yours, 

Rosario Salerno, 
City Clerk. 
Placed on file. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 0640) 

The Constables' Bonds ofthe following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 

Paul A. Allosso Jr. 
John J. Beggan 
John T Burke 
Daniel L. Brower 
Ron Cobb 
Willie E. Chester 
Cynthia B. Craven 
Charies V Grille Jr 
Douglas Hansen 
Keith S. Hershenson 
Christopher J. Kelley 
Richard F. Kelley 
Robert E. Lee 
Burton Malkofsky 
David E. Melvin 
Robert J. Messina 
Lawrence P. Neves 
Juan Rodriguez 
Arthur Smith 
Joseph M. Smith 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF DR. JUDY ANN BIGBY AS MEM- 
BER OF BOSTON PUBLIC HEALTH COM- 
MISSION (DOCKET NO. 0278) 

Councilor MURPHY, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0278, message of the Mayor 
and order for confirmation of the reappointment of Dr 
Judy Ann Bigby as a member of the Boston Public 
Health Commission (referred February 27) - recom- 
mending the appointment ought to be confirmed. 

The report was accepted; the appointment was con- 
firmed. 



( 



ABSENCE OF THE MAYOR 



MAY 15,2002 



119 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF DAVID MULLIGAN AS MEMBER 
OF BOSTON PUBLIC HEALTH COMMIS- 
SION (DOCKET NO. 0279) 

Councilor MURPHY, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0279, message of the Mayor 
and order for confirmation of the reappointment of 
David Mulligan as a member of the Boston Public 
Health Commission (referred February 27) - recom- 
mending the appointment ought to be confirmed. 

The report was accepted; the appointment was con- 
firmed. 



ORDER FOR HEARING TO DISCUSS CONCERNS 
RAISED BY CITY EMPLOYEES REGARDING 
SICK BUILDING SYNDROME (DOCKET NO. 
0253) 

Councilor MURPHY, on behalf of the Committee on 
Public Health, submitted the following: 

Report on Docket No. 0253, order for hearing to dis- 
cuss concerns raised by city employees regarding Sick 
Building Syndrome (referred February 13) - recom- 
mending the order be placed on file. 

The report was accepted; the order was placed on 
file. 



RESOLUTION URGING ADMINISTRATION TO 
MONITOR INDOOR AIR QUALITY CONDI- 
TIONS IN PUBLIC BUILDINGS (DOCKET 
NO. 0641) 

Councilor ROACHE offered the following: 

Whereas: The Committee on Public Health held a 
hearing on March 26, 2002 to address the health con- 
cerns of City of Boston employees regarding the indoor 
air quality of city buildings; and 

Whereas: Despite reports from the Property 
Management Department's air quality surveys, employ- 
ees continue to express concerns for their health; and 

Whereas: The City of Boston, as their employer has 
the responsibility of ensuring a safe work place; and 

Whereas: Employees should have a common place to 
report concerns and have them reviewed; Therefore be it 

Resolved: That the Boston City Council strongly sup- 
ports the recommendations below and urges the Menino 
Administration to take the following steps to ensure the 
health of City employees: 

1. Convene an ad hoc Committee to monitor indoor 
air quality conditions in City Hall, as well as other City 
of Boston facilities where employees have expressed 
their concerns regarding air quality. The Committee 
should include representatives from the Mayor's Office, 
Public Health Commission, Basic City Services, local 
labor unions and, most importantly, City Hall 
Employees. 

2. The Committee Co-chairs be the Public Health 
Commission representative and a representative of a 
labor union. 

3. The Committee be provided with a comprehensive 
training program conducted by appropriate personnel 
from the Public Health Commission (PHC) and the 
Department of Environmental Protection (DEP). 

4. The training program should incorporate a guide 
published by the Indoor Air Division in the Oft'icc of 
Atmospheric and Indoor Air Programs of the United 
States Environmental Protection Agency (EPA) in col- 



laboration with the National Institute for Occupational 
Safety and Health titled. Building Air Quality: A Guide 
for Building Owners and Facility Managers. 

5. The Committee shall review all documented com- 
plaints, prepare reports and provide appropriate recom- 
mendations to enhance the quality of the existing work 
environment. 

6. The Committee report to the Boston City Council 
Committee on Public Health every (6) months on con- 
ditions, updates, recommendations and any other sug- 
gestions or ideas that should be implemented in order to 
ensure City of Boston employees a safe and healthy 
work environment. 

Councilor TURNER moved to amend the first 
Whereas paragraph by inserting the words "conditions 
and the presence of mold in public and" after the words 
"indoor air quality." The motion prevailed; yeas 12. 

On motion of Councilor ROACHE, the resolution, as 
amended, was adopted. 



ORDER FOR HEARING TO REVIEW FEASIBILITY 
OF MOVING CITY ARCHIVES REPOSITORY 
TO PERMANENT LOCATION AT ROPEWALK 
BUILDING IN CHARLESTOWN (DOCKET 
NO. 0642) 

Councilors TOBIN, FEENEY, SCAPICCHIO, 
HONAN, ROSS, KELLY and HENNIGAN offered the 
following: 

Whereas: The City of Boston must find a permanent 
home for an appropriate Archives repository; and 

Whereas: The current Archives repository has been in 
its temporary home since 1 989; and 

Whereas: The temporary Archives home is in the 
location of a former Boston Public School in Hyde Park; 
and 

Whereas: The Boston Redevelopment Authority is 
seeking a permanent tenant for the historic and long 
abandoned Ropewalk Building in the Charlestown Navy 
Yard, damaged due to arson on May 4, 2002; and 

Whereas: The relocation of the Archives to the 
Ropewalk Building would preserve the history of the 
building as well as provide a much needed impenetrable 
home for the City Archives repository; and 

Whereas: It is incumbent upon the City of Boston to 
ensure that the Ropewalk Building is restored and 
reused in a safe, efficient, and equitable manner; 
Therefore be it 

Ordered; That the appropriate Boston City Council 
committee conduct a hearing to review the feasibility of 
moving the City Archives repository to a permanent 
location at the Ropewalk Building in Charlestown and 
invite the appropriate departments including the BRA. 

Referred to the Committee on Government 
Operations. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0643) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday May 1 8, 2002, the 
following named person be, and hereby is. appointed to 
the position set against their name until Fridav, May 24, 
2002: 

Elaine J. Gowdy, Administrative Asst., 
$1024.65/wcek, full time. 

Passed under suspension of the rules. 



120 



CITY COUNCIL 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0644) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 25, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, July 26, 
2002: 

Elaine J. Gowdy, Administrative Asst., $576.92/week, 
full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0645) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, June 29, 2002. the 
following named person be, and hereby is. appointed to 
the position set against their name until Friday. 
September 20, 2002: 

Kelly A. Tynan, Administrative Asst., $746.16/week, 
full time. 

Passed under suspension of the rules. 



RESOLUTION URGING MAYOR TO APPROVE 
AT&T BROADBAND'S FRANCHISE TRANS- 
FER APPLICATION UNDER CLEAR AND 
ENFORCEABLE CONDITIONS (DOCKET 
NO. 0646) 

Councilors FEENEY, ROACHE, KELLY, MURPHY, 
HENNIGAN and YANCEY offered the following: 

Whereas: AT&T Broadband assumed control of the 
cable television franchise in January, 2001 from 
Cablevision Systems; 

Whereas: AT&T Broadband is now in the process of 
merging with Comcast and has applied for a transfer of 
its franchise to a new entity to be called 
AT&T/Comcast; 

Whereas: AT&T has raised rates four times in one 
way or another in the short time it has held the franchise; 

Whereas: AT&T has failed utterly to provide quality 
service to its 150,000 household subscribers in Boston; 

Whereas; AT&T has reneged on commitments and 
timelines to "build ouf the system; 

Whereas; AT&T has gone back on a promise to offer 
genuine discounts to senior citizens; 

Whereas: AT&T has refused to make any assurances 
that the customer call center in AUston will remain open 
post-transfer and post merger; 

Whereas: AT&T, while claiming that 52% of its 
employees in Boston are city residents, in fact makes 
extensive use of out of state contractors; 

Whereas: AT&T has, under apparent orders from 
Comcast, refused to extend any neutrality/consent elec- 
tion agreement with the Communications Workers of 
America, AFL-CIO and the International Brotherhood 
of Electrical Workers, AFL-CIO; 

Whereas: AT&T and Comcast have offered no guar- 
antees that the new corporation will honor existing col- 
lective bargaining agreements or maintain existing 
wages, benefits and working conditions; and 

Whereas: AT&T and Comcast have promised Wall 
Street that they will raise profit margins from AT&T's 
22% level to Comcast's 39% level and that such 
increased profits may be achieved through either more 
rate hikes, service affecting job cuts or further delays in 
system upgrades or all three; Therefore, be it 

Ordered: That the Boston City Council urges Mayor 



Thomas Menino, the issuing authority and sole decision 
maker in this matter, to approve AT&T Broadband's 
franchise transfer application only under the following 
clear and enforceable conditions, that the combined 
entity: 

• Pay a substantial penalty for past noncompliance; 

• Post a sizeable bond to assure compliance in the 
future, with failure to honor commitments resulting in 
forfeit; 

• Freeze rates for the remaining term of the franchise 
with no change in basic channels; 

• Restore a real discount for senior citizens; 

• Keep the customer call center in Allston open; 

• Eliminate the use of subcontractors in construction 
projects; and 

• Come to agreement with CWA and IBEW on a code 
of conduct for labor management relations. 

Councilor YANCEY moved to amend the Ordered 
paragraph 7 by adding the phrase "out-of-state" before 
the word "subcontractors." 

The motion prevailed. 

Councilor FEENEY moved to amend the word 
"Ordered" to the word "Resolved." 

The motion prevailed. 

On motion of Councilor FEENEY, the resolution, as 
amended, was adopted. 



VISITOR TO CITY COUNCIL 

Councilor FEENEY wanted to recognize and say 
hello to former Senator Paul White. 



ORDER THAT ZONING BOARD OF APPEAL 
NOTIFY CITY COUNCILORS AND CERTAIN 
OTHER PEOPLE OF ALL FINAL ARBITER 
AND RE-DISCUSSION CASES ON BOARD'S 
MEETING AGENDA AND ALSO MAKE 
NOTIFICATION IN WRITING AT LEAST TWO 
WEEKS PRIOR TO DATE OF HEARING 
(DOCKET NO. 0647) 

Councilors FEENEY, ROACHE, FLAHERTY, 
SCAPICCHIO, TOBIN, ROSS and HENNIGAN 
offered the following: 

Ordered: That the Zoning Board of Appeal notify City 
Councillors, other local elected officials, abutters, and 
civic associations of all Final Arbiter and Re-discussion 
cases on the Board's meeting agenda; Be it Further 

Ordered: That the Zoning Board of Appeal make noti- 
fication in writing at least two weeks prior to date of 
hearing. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER RECOMMENDING TO TRANSPORTATION 
DEPARTMENT THAT FEE OF FIVE HUN- 
DRED DOLLARS ($500) BE IMPOSED UPON 
VALET OPERATORS THAT PARK VEHICLES 
OF PAYING VALET CUSTOMERS IN ANY 
DESIGNATED RESIDENTIAL AREA 
(DOCKET NO. 0648) 

Councilors SCAPICCHIO, FLAHERTY, ROACHE, 
MURPHY, HONAN, HENNIGAN, FEENEY, 
TURNER, ROSS and MURPHY offered the following: 

Whereas: The dearth of available resident parking 
spaces in heavily congested areas of Boston is a major 
problem that adversely impacts the residents of these 
neighborhoods; and 



MAY 15, 2002 



121 



Whereas: One of the contributing factors to the prob- 
lem is the proliferation of valet parking services; and 

Whereas: The City of Boston has in place guidelines 
that regulate the valet service industry; and 

Whereas: Many valet parking operators disregard 
these regulations by parking vehicles in spaces desig- 
nated for resident-only use; and 

Whereas: The Boston Transportation Department has 
done a commendable job enforcing existing regulations, 
yet major problems still exist: and 

Whereas: The current fee structure for violating the 
regulations does not deter valet operators from parking 
in residential areas; Therefore be it 

Ordered: That the Boston City Council recommend to 
the Boston Transportation Department that a fee of five 
hundred dollars ($500) be imposed upon valet operators 
that park the vehicles of paying valet customers in any 
designated residential area. 

Referred to the Committee on Aviation and 
Transportation. 



HEARING RE: ACCORDION TYPE DOORS 
(DOCKET NO. 0649) 

Councilor BCELLY offered the following: 

Whereas, Due to existing zoning laws, work permits 
for "accordion type doors", quite often are granted to 
property owners whose restaurants and/or bars in South 
Boston open directly onto the public sidewalks; and 

Whereas, Because such work is done as a "matter of 
right" no one in the neighborhood - the residents, the 
civic leaders or the elected officials - are aware of what 
is being built until renovation work has been completed; 
and 

Whereas: That in order for interested residents to have 
an opportunity to be aware of what is happening in their 
neighborhood, zoning laws be amended in those neigh- 
borhoods where licensed premises with "accordion type 
doors" would in some instances, be considered a public 
nuisance, and be it further 

Ordered: That a public hearing be held to discuss 
these issues, and that all interested parties, including 
representatives of the Boston Redevelopment Authority, 
are respectfiilly invited to attend and work with the exec- 
utive and legislative branches of city government to 
facilitate whatever changes to South Boston's zoning 
laws are necessary to require that all applications for 
"accordion type door" permits and accordion type 
"window" permits must be approved by the city's 
Zoning Board of Appeals. 

Referred to the Committee on Planning and 
Economic Development. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0657) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 18, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Thomas M. McDonough, Administrative Asst., 
$1,003. 84/week, full time. 
Passed under suspension of the rules. 



ORDER FOR HEARING RE: ORGANIZATIONAL 
STRUCTURE OF BOSTON SCHOOL 
DEPARTMENT (DOCKET NO. 0658) 

Councilor KELLY offered the following: 

Whereas, Historically the Boston City Council has 
been very generous in approving appropriations to the 
Boston School Department; and 

Whereas, Parents call members of the city council to 
assist them regarding education matters, and oftentimes 
parents who call the mayor's office regarding school 
issues are referred to city councilors' offices; and 

Whereas, Appointed members of the school commit- 
tee are unknown to almost everyone. Further, they are 
inaccessible and have ill-defined duties to either elected 
officials, parents of smdents or the general public; be it 
therefore 

Ordered, That the Boston City Council conduct a pub- 
lic hearing into the organizational structure of the 
Boston School Department, and that the appropriate 
representatives of the school department and the mayor's 
office be invited to attend to discuss these aforemen- 
tioned issues. 

Referred to the Committee on Education and 
School Matters. 



ORDER FOR HEARLNG TO PROVIDE PUBLIC 
OPPORTUNITY TO REVIEW NEW DEPLOY- 
MENT PLAN FOR PUBLIC HOUSING 
DEVELOPMENTS (DOCKET NO. 0659) 

Councilors KELLY, YANCEY, HENNIGAN, 
HONAN, FLAHERTY, FEENEY, ROACHE, MUR- 
PHY, SCAPICCHIO and TURNER offered the follow- 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 4 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0656) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 1 1, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, August 
2, 2002: 

Sean Duggan, Secretary, $350.00/week, full time. 
Passed under suspension of the rules. 



Whereas, For the past eight years family develop- 
ments, managed by the Boston Housing Authority, have 
been patrolled by the BHA Police, the Boston Municipal 
Police and the Boston Police Department; and 

Whereas, These police officers, from the three depart- 
ments, have provided outstanding services to tenants of 
public housing and have worked under the command of 
the Boston Police Department; and 

Whereas. At the budget hearing of May 14, 2002. 
members of the Boston City Council were informed that 
effective January 1, 2003, the Boston Municipal Police 
would no longer be assigned to public housing develop- 
ments. Rather, the responsibility' of providing public 
safety to public housing tenants will be the sole respon- 
sibility of the BHA Police and Boston police officers; be 
it therefore 

Ordered, That a timely hearing be held to provide the 
public an opportunity to review the new deployment 
plan for public housing developments and, simultane- 
ously, discuss where and when unifomied police offi- 
cers will be assigned to fixed routes (i.e.. walking 



122 CITY COUNCIL 



patrolmen) throughout the neighborhoods of Boston; 
and be it further 

Ordered, That representatives of the mayor's office, 
the Boston Pohce Department and the Boston Housing 
Authority be invited to attend and testify. 

Referred to the Committee on Public Safety. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so. Councilor 
KELLY asked that when we adjourn today, we do so in 
memory of John Cunniif, devoted husband, father, son 
and brother who was also an Olympian and professional 
hockey player and a big inspiration for the South Boston 
Against Drugs program. 



STATEMENT OF COUNCILOR HENNIGAN 

Having unanimous consent to do so. Councilor HEN- 
NIGAN asked that when we adjourn today, we do so 
also in memory of George McLaughlin, a life-long 
neighbor and friend. 



CONSENT AGENDA 

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

Councilor Scapicchio: Congratulating the Kiwanis 
Club (Docket No. 0650). 

Councilor Feeney: Congratulating Elizabeth Zarrella 
(Docket No. 0651). 

Councilor Murphy: Congratulating Mary Miller 
(Docket No. 0652). 

Councilor Flaherty: Congratulating Donna Cook 
(Docket No. 0653). 

Councilor Roache: Congratulating Shannon K. Watts 
(Docket No. 0654). 

Councilors Yancey and Turner: Congratulating 
Haitian-Americans United, Inc. (Docket No. 0655). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 2:30 p.m. on motion of President 
Flaherty, in memory of John Cunniff and George 
McLaughlin, to meet again on Wednesday, May 22, 
2002 at 12:30 p.m. 



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



CITY COUNCIL 



123 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, May 22, 2002 

Regular meeting of the City Council of the City of 
Boston was held in the Christopher A. lannella 
Chamber, City Hall at 12:40 p.m. President Flaherty in 
the Chair and all members present. 

INVOCATION 

Reverend Dean Panagos, Greek Orthodox Cathedral 
of New England, delivered the invocation and the meet- 
ing was opened with the pledge of allegiance to the flag. 



ORDER FOR REFUNDING LOAN ORDER NOT TO 
EXCEED $145,000,000.00 FOR PURPOSE OF 
REFUNDING ALL OR SUCH PORTION, AS 
CITY MAY DETERMINE, OF CITY'S OUT- 
STANDING REVENUE REFUNDING BONDS, 
BOSTON CITY HOSPITAL (FHA INSURED 
MORTGAGE), SERIES B, IN ORDER TO 
REDUCE INTEREST AND OTHER CARRY- 
ING COSTS (DOCKET NO. 0660) 

The following was received: 

City of Boston 
Office of the Mayor 

May 21,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a refunding loan 
order not to exceed $145,000,000 for the purpose of 
refunding all or such portion, as the City may determine, 
of the City's outstanding Revenue Refunding Bonds, 
Boston City Hospital (FHA Insured Mortgage), Series 
B, in order to reduce interest and other canning costs. 
I urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: that, in order to reduce interest and other 
carrying costs, the Collector-Treasurer and Chief 
Financial Officer, with the approval of the Mayor, is 
authorized to issue refunding bonds pursuant to Section 
13 of Chapter 643 of the Acts of 1983, as amended (the 
"Bond Procedure Act") and Chapter 659 of the Acts of 
1986, as amended (the "Bond Act"), to refund all or 
such portion of the City's outstanding Revenue 
Refunding Bonds, Boston City Hospital (FHA Insured 
Mortgage), Series B, as the Collector-Treasurer and 
Chief Financial Officer, with the approval of the Mayor, 
may determine; that the refunding bonds shall be issued 
in an amount not to exceed $145,000,000 in order to pay 
the principal, redemption premium, if any, and interest 
on the bonds to be refunded, costs of issuance of the 
refunding bonds and costs of redeeming the bonds to be 
refunded, and such reserves for the payment of debt .ser- 
vice on such refunding bonds as the Collector-Treasurer 
and Chief Financial Officer, with the approval of the 
Mayor, may determine to be necessary or appropriate 
therefor; that any such refunding bonds may be issued 
as general obligations of the City for which its full faith 
and credit are pledged, or as special obligations ol the 
City secured as provided in Section 8 of the Bond 
Procedure Act and Sections 3 and 4 of the Bond Act; 
and that the Collector-Treasurer and Chief Financial 
Officer, with the approval of the Mayor, is aulhori/.ed to 
execute pursuant to Section 9 of the Bond Procedure Act 
such instruments and other documents, including with- 



out limitation one or more trust or other security agree- 
ments, as may be necessary or desirable to issue and 
secure such refunding bonds and to refund the bonds to 
be refunded, all as determined by the Collector- 
Treasurer, with the approval of the Mayor, prior to the 
issuance thereof 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $100,000.00 TO PROVIDE SERVICES 
UNDER SYPHILIS ELIMINATION PROJECT, 
FROM FUNDS MADE AVAILABLE 
THROUGH DEPARTMENT OF PUBLIC 
HEALTH, DIVISION OF STD CONTROL AND 
PREVENTION (DOCKET NO. 0661) 

The following was received: 

City of Boston 
Office of the Mayor 

April 30. 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order pur- 
suant to G.L. c. 34 § 24, authorizing the Sheriff of 
Suffolk County, to accept and expend a grant in the 
amount of $1()0,000 for the provision of phlebotomy 
services under the Syphilis Elimination Project for the 
period of January 6, 2000 through June 30, 2003. These 
funds are made available to the County through the 
Department of Public Health, Division of STD Control 
and Prevention with funding provided by the Federal 
Center for Disease Control. 

I respectfully recommend your approval of this order 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Sheriff of Suffolk County, acting 
on behalf of the County of Suffolk, be and hereby is 
authorized to accept and expend, pursuant to section 24 
of chapter 34 of the General Laws, an amount not to 
exceed One Hundred Thousand Dollars ($100,000) for 
the implementation of phlebotomy services under the 
Syphilis Elimination Project for the period of January 6, 
2000 through June 30. 2003. 

On motion of Councilor Honan. the rules were sus- 
pended; the order was passed. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW TO AMEND FEE CHARGED FOR VEHI- 
CLES TOWED BY CITY (DOCKET NO. 0662) 

The following was received: 

City of Boston 
Office of the Mayor 

May 20, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a Home Rule 
Petition that will allow the City to increase the fee 
charged when illegally parked vehicles are towed. 

The adoption of this Home Rule Petition would bring 
the City in line wiih the fees charged by other munici- 
palities for towing, which is set by law and has capped 
the City of Boston at $12 since 1968. The change would 
authorize the City to increase the fee up to the maximinn 
tow rate established by the Dcpartmenl of 
Telecommunications and Energy (DTE) for pri\ate 
tows. 

I urge your Honorable Bod)' to pass this order as soon 
as possible so that the Ciis can iniplenicni this program 
expeditiously. 



124 



CITY COUNCIL 



Sincerely, 

Thomas M. Menino, 
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 changes of form only: - 

Section 1 . The fifth paragraph of section 2 of chapter 
263 of the acts of 1929, as most recently amended by 
chapter 276 of the acts of 1968, is hereby fuither 
amended by striking out, in line 27. the words "twelve 
dollars" and inserting in place thereof the words:- the 
maximum charges that may be established by the 
department of telecommunications and energy pursuant 
to section 6 of chapter one hundred fifty nine B of the 
general laws. 

Referred to the Committee on Government 
Operations. 



ORDER ACCEPTING THE PROVISIONS OF 
CHAPTER 116 OF THE ACTS OF 2002 
(DOCKET NO. 0663) 

The following was received: 

City of Boston 
Office of the Mayor 

May 20, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order to 
accept the provisions of Chapter 116 of the Acts of 
2002, which would allow the City to reduce its work- 
force through an early retirement incentive program for 
certain employees. 

As this incentive program was a factor in the prepa- 
ration of the budget for Fiscal Year '03, I urge your 
Honorable Body to adopt this Order expeditiously so 
that important cost savings can be realized. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ACT PROVIDING FOR LOCAL 

GOVERNMENT WORKFORCE REDUCTION 

THROUGH AN EARLY RETIREMENT INCENTIVE 

PROGRAM FOR CERTAIN EMPLOYEES, 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide forthwith for a 
fair and orderly manner in which the number of employ- 
ees of cities, towns, counties, districts and authorities 
can be reduced in order to meet fiscal limitations, there- 
fore it is hereby declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 

Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, as follows: 

SECTION 1. Notwithstanding chapter 32 of the General 
Laws or any other general or special law to the contrary 
and upon the acceptance of this section, on or before 
November I, 2002 by the legislative and executive 
authorities within a city, town or county or an authority 
or district within a city, town or county or regional 
retirement system, the provisions of this act providing 



for an early retirement incentive program shall apply to 
an eligible employee who: (i) shall be an employee of 
the city, town, county, authority or district and an active 
member in service of the appropriate city, town, county 
or regional retirement system or shall be an employee or 
a regional school district and an active member in ser- 
vice of the state retirement system, but not a member of 
the state teacher's retirement system or Boston teacher's 
retirement system on the date of the regional school dis- 
trict's acceptance of this section on the date of the city, 
town, county, authority or district's acceptance of this 
section; (ii) shall be eligible to receive a superannuation 
retirement allowance in accordance with subdivision (1 ) 
of section 5 or subdivision (1) of section 10 of said 
chapter 32 upon the effective retirement date specified 
in his written application to the retirement system; (iii) 
shall have filed a written application with said retire- 
ment system in accordance with the seventh paragraph 
of this section; and (iv) shall be classified in Group 1, 
Group 2 or Group 4 in accordance with clause (g) of 
subdivision (2) of section 3 of said chapter 32; provided, 
however, that if the legislative authority in a town fails 
to accept this section by June 30, 2002, then the execu- 
tive authority in a town, may accept this section without 
the approval of the legislative authority. 
Notwithstanding the notice provisions of section 10 of 
chapter 39 of the General Laws or any other general or 
special law to the contrary, at least 7 days notice shall be 
given of any special town meeting that may be called in 
pursuance of a warrant to accept this section. 
Notwithstanding said section 10 of said chapter 39, or 
any other general or special law to the contrary, the 
selectmen shall call such a special town meeting, upon 
request in writing of 200 registered voters or by 10 per 
cent of the total number of registered voters of the town, 
whichever number is lesser, and such meeting shall be 
held not later than 30 days after the receipt of such 
request. 

For the purposes of this act, "legislative authority" shall 
mean a town meeting in a town or in a town having a 
town council form of government, the town council or 
the town meeting if the town council so deems, the city 
council subject to its charter in a city and the county 
advisory board in a county other than the counties of 
Suffolk, Nantucket and Barnstable in which cases the 
county commissioners shall serve as the legislative 
authority, the governing body of the authority in an 
authority and the district meeting in a district, except for 
a regional school district, in which case the regional dis- 
trict school committee shall be the legislative authority; 
and "executive authority" shall mean the board of 
selectmen in a town, the mayor in a city, the county 
commissioners in a county, the governing body of the 
authority in an authority and the district meeting in a 
district, except for a regional school district in which 
case the regional district school committee shall be the 
executive authority. Any additional retirement benefits 
provided by this act for employees of regional school 
districts who are active members in service of the state 
retirement system shall be funded by the appropriate 
regional school districts. The early retirement incentive 
program shall be administered by the appropriate city, 
town, county, state or regional retirement system and 
each system shall promulgate regulations to implement 
the program. 

Notwithstanding said chapter 32 to the contrary, the nor- 
mal yearly amount of the retirement allowance for an 
eligible employee shall be based on the average annual 
rate of regular compensation as determined under para- 
graph (a) of subdivision (2) of section 5 of said chapter 
32 and shall be computed according to the table con- 
tained in said paragraph (a) based on the age of such 
member and his number of years and full months of 
creditable service at the time of his retirement increased 
either by adding up to 5 years of age or by adding up to 
5 years of creditable service or by a combination of 
additional years of age and service the sum of which 
shall not be greater than 5; provided, however, that the 



MAY 22, 2002 



125 



executive authority in a city, town, county, autiiority or 
district may limit the amount of additional credit for ser- 
vice or age or a combination of service or age offered. 
The executive authority in a city, town, county, author- 
ity or district may limit the total number of employees 
for whom it will approve a retirement calculated under 
this act or the total number of employees within each 
group classification for whom it will approve a retire- 
ment calculated under this act; provided further, that if 
participation is limited, the retirement of employees 
with greater years of creditable service shall be 
approved before approval shall be given to employees 
with lesser years of creditable service. 
Words used in this act shall have the same meaning as 
they are used in said chapter 32 unless otherwise 
expressly provided or unless the context clearly requires 
otherwise. An eligible employee who retires and 
receives an additional benefit in accordance with this 
section shall be deemed to be retired for superannuation 
under said chapter 32 and shall be subject to all of said 
chapter 32; provided, however, that for the purposes of 
this section and notwithstanding subdivision ( 1 ) of sec- 
tion 10 of said chapter 32 requiring a member classified 
in Group 2 to have attained age 55 on the date of his ter- 
mination of service in order to receive a Group 2 bene- 
fit, any employee eligible pursuant to the criteria estab- 
lished in this section, who is classified in Group 2 and 
who is at least 50 years of age but not yet 55 years of 
age, shall be eligible for a retirement allowance equal to 
that prescribed for a member classified in Group 2 upon 
the application for the additional benefit in accordance 
with this section. 

The total normal yearly amount of the retirement 
allowance; as determined in accordance with section 5 
of said chapter 32, of an eligible employee who retires 
and receives an additional benefit under the early retire- 
ment incentive program in accordance with this section 
shall not exceed 80 per cent of the average annual rate 
of his regular compensation received during any period 
of 3 consecutive years of creditable service for which 
the rate of compensation was the highest or of the aver- 
age annual rate of his regular compensation received 
during the periods, whether or not consecutive, consti- 
tuting his last 3 years of creditable service preceding 
retirement, whichever is greater. 

Employees eligible to participate in the judiciary retire- 
ment incentive program pursuant to chapter 218 of the 
acts of 2001, employees eligible to participate in the 
retirement incentive program pursuant to chapter 219 of 
the acts of 2001, members of the state employees' retire- 
ment system, members of the teachers' retirement sys- 
tem and teachers who are members of the State-Boston 
retirement system shall not be eligible to receive any 
additional benefit provided pursuant to this section. 
Notwithstanding any provision of section 5 of said 
chapter 32 that require a retirement date within 4 
months of the filing of an application for superannuation 
retirement in order to receive the retirement benefit pro- 
vided by this section, an eligible employee shall file his 
application for retirement not later than a date deter- 
mined by the executive authority, which shall be not 
later than December 2, 2002; provided, the retirement 
date for eligible employees shall be determined by the 
executive authority and shall be not earlier than the 
effective date of this act and shall be no later than 
December 31, 2002; provided, however, that notwith- 
standing section 2, the date of retirement for employees 
of a city retirement board and town retirement board 
shall be 30 days after the retirement date determined by 
the executive authority in the city or town; and provided 
further, notwithstanding section 2, the retirement date 
for eligible employees of a county retirement bo;u'd and 
regional retirement board shall be January 30, 2003. 
The executive director of the public employee retire- 
ment administration commission shall analyze, study 
and valuate the costs and the actuarial liabilities attrib- 
utable to the additional benefits payable in accordance 
with the early retirement incentive program established 



by this section for each retirement system. The execu- 
tive director shall file a report of his findings to the 
board, in writing, on or before December 31, 2003, 
together with copies thereof to the county commission- 
ers, the regional retirement board, the mayor, the board 
of selectmen, the goveming body of an authority, the 
district committee or the regional school district com- 
mittee as the case may be. 

In accordance with section 22D of said chapter 32, the 
retirement board of a system which administers this sec- 
tion shall revise its retirement funding schedule to 
reflect the costs and the actuarial liabilities attributable 
to the additional benefits payable under the retirement 
incentive program in accordance with this section. In 
each of the fiscal years until the actuarial liability deter- 
mined under this section shall be reduced to zero, it shall 
be an obligation of the applicable city, town, county, 
authority and district to fund such liability and there 
shall be appropriated to the applicable pension reserve 
fund in each such fiscal year the amount required by the 
funding schedule and the updates thereto. 

SECTION 2. A city, within a city retirement system, 
whose legislative and executive authorities have 
accepted section 1, shall provide to employees of the 
retirement board of such city retirement system the 
same rights and privileges of the early retirement incen- 
tive program as provided in said section 1 under the 
same terms and conditions of that retirement program. A 
town, within a town retirement system, whose legisla- 
tive and executive authorities have accepted said section 
1 , shall provide to employees of the retirement board of 
such town retirement system the same rights and privi- 
leges of the early retirement incentive program as pro- 
vided in said section 1 under the same terms and condi- 
tions of that retirement program. A county whose 
legislative and executive authorities have accepted said 
section 1, shall provide to employees of the retirement 
board of such county the same rights and privileges of 
the early retirement incentive program as provided in 
said section 1, under the same terms and conditions of 
that retirement program. 

Employees of the retirement board of a regional retire- 
ment system, upon acceptance by the legislative and 
executive authorities of such regional retirement sys- 
tem, shall be eligible to receive the rights and privileges 
of the early retirement incentive program as provided in 
said section I, under the same terms and conditions as 
provided in said section 1; provided, however, that for 
the purposes of this paragraph and the third and seventh 
paragraphs of said section I, the executive authority of 
the regional retirement system shall be the regional 
retirement board and the legislative authority shall be 
the regional retirement board. 

Employees of the Essex agricultural and technical insti- 
tute who are members of a regional retirement system, 
upon acceptance by the legislative and executive author- 
ities, shall be eligible to receive the rights and privileges 
of the early retirement incentive program as provided in 
said section 1, under the same terms and conditions as 
provided in said section I ; provided, however, that for 
the purposes of this paragraph and the third and seventh 
paragraphs of said section I, the executive authority of 
the Essex agricultural and technical institute shall be the 
board of trustees and the legislative authority shall be 
the board of trustees. 

SECTION 3. The Massachusetts Turnpike Authority, 
established pursuant to chapter 81 A of the General 
Laws, may, not later than September 1, 2002, participate 
in a retirement incenti\e |ii\igraiii upon the written 
acceptance of the chairman of the board of directors of 
the authority. Eligibility for the retirement incentive 
program shall not exceed that provided in section 1 of 
chapter 219 of the acts of 2001 as applied to the cir- 
cumstances at the authority. The authority may restruc- 
ture the retirement incentive program at its discretion 
but the bcncllt received by a retiree shall not exceed the 



126 



CITY COUNCIL 



retirement benefits provided in section 3 of said chapter 
219. The chairman may fill a position vacated as a result 
of an applicant's participation in the retirement incentive 
program under this section if the chairman determines 
that the position is vital to the public health, public 
safety or other critical operations of the commonwealth. 
The total annualized cost of regular compensation paid 
out by the commonwealth in fiscal year 2003 for refilled 
positions in the authoirty shall not exceed 20 percent of 
the total annualized cost of regular compensation which 
would have been paid out by the commonwealth during 
fiscal year 2003 for the positions vacated in the author- 
ity pursuant to the retirement incentive program had 
such positions not been vacated; provided, that the total 
annualized cost of regular compensation paid out by the 
commonwealth in fiscal year 2004 for refilled positions 
in the authority shall not exceed 20 per cent of the total 
annualized cost of regular compensation which would 
have been paid out by the commonwealth during fiscal 
year 2004 for the positions vacated in the authority pur- 
suant to the retirement incentive program had such posi- 
tions not been vacated. The effective retirement date for 
employees of the authority shall not be earlier than the 
effective date of this act and not later than November 
30, 2002. 

SECTION 4. Section 4 of chapter 32 of the General 
Laws, as appearing in the 2000 Official Edition, is 
hereby amended by striking out, in line 238, the words 
"January first, nineteen hundred and seventy-six" and 
inserting in place thereof the following;- January 1, 
1986. 

SECTION 5. Section 19 of chapter 34B of the General 
Laws, as so appearing, is hereby amended by striking 
out, in line 19, the word "three-year" and inserting in 
place thereof the following word;- 6-year. 

SECTION 6. Section 3 of chapter 71 of the acts of 1996 
is hereby amended by inserting after the second para- 
graph, as amended by section 45 of chapter 88 of the 
acts of 1997, the following paragraph; 

Members of the retirement system of a political subdi- 
vision who were eligible to apply for creditable service 
pursuant to this chapter, but failed to do so within 180 
days of the acceptance of the act by the local legislative 
body may apply for such creditable service within 180 
days of a vote by the local legislative body to allow such 
members an additional period of time to apply for such 
creditable service. A local legislative body shall be as 
defined in this section but the local legislative body for 
a regional retirement system shall be the regional retire- 
ment system advisory board. A local legislative body 
may vote to allow the additional time period under this 
paragraph only once. 

Approved May 15,2002. 



GENERAL LAWS OF MASSACHUSETTS 

PART 1. 

ADMINISTRATION OF THE GOVERNMENT. 

TITLE IV. 

CIVIL SERVICE, RETIREMENTS AND PENSIONS. 

CHAPTER 32. RETIREMENT SYSTEMS AND PEN- 
SIONS. 

Chapter 32; Section 3. Membership. 

Section 3 . ( 1 ) Kind of Membership. - ( a) Membership in 
a system shall consist of two kinds as follows; 

(i) Member in Service.- Any member who is regularly 
employed in the perfonnance of his duties, except a 
member retired for disability who upon partial recovery 
is restored to active service as provided for in paragraph 



(2) (a) of section eight. Any member in service shall 
continue as such during any period of authorized leave 
of absence with pay or during any period of authorized 
leave of absence without pay if such leave is due to his 
mental or physical incapacity for duty or if such autho- 
rized leave of absence without pay is for not more than 
one year or is to permit such member to perform his 
duties as a member of a retirement board. In any event 
the status of a member in service shall continue as such 
until his death or until his prior separation from the ser- 
vice becomes effective by reason of his retirement, res- 
ignation, failure of re-election or reappointment, 
removal or discharge from his office or position, or by 
reason of an authorized leave of absence without pay 
other than as provided for in this clause. Any member in 
service shall have full voting powers in the system as 
provided for in section twenty of this chapter and in sec- 
tion sixteen of chapter fifteen. 

(ii) Member Inactive. - Any member in service who has 
been retired and who is receiving a retirement 
allowance, any member in service whose employment 
has been tenninated and who may be entitled to any pre- 
sent or potential retirement allowance or to a return of 
his accumulated total deductions under the provisions of 
sections one to twenty-eight inclusive, or any member 
in service who is on an authorized leave of absence 
without pay other than as provided for in clause (i) of 
this paragraph. Any member in-active shall have full 
voting rights as provided for in section twenty of this 
chapter and in section sixteen of chapter fifteen. 

(b) A beneficiary shall not be deemed to be a member of 
the system nor shall he have any voting rights therein. 

(c) No description of a person having any rights or priv- 
ileges under the provisions of sections one to twenty- 
eight inclusive, such as member in service, member 
inactive, beneficiary or otherwise, shall serve to deprive 
him of any such rights or privileges, A member shall 
retain his membership in the system so long as he is liv- 
ing and entitled to any present or potential benefit 
therein. 

(2) Eligibility for Membership, - (a) Membership in a 
system as a member in service as defined in clause (i) of 
paragraph (1) (a) of this section shall comprise the fol- 
lowing persons 

(i) Any employee who is a present member in service, 
including any employee for whom regular deductions 
are being made whether or not he was classified as a 
member under provisions of earlier laws; 

(ii) Any employee in active service who is not now a 
member but who, while under the maximum age for the 
group in which he would be classified, hereafter files 
with the board on a prescribed form a written applica- 
tion for membership, subject to the provisions of sec- 
tions one to twenty-eight inclusive; provided, that dur- 
ing his present period of service he had previously been 
eligible for membership; 

(iii) Any person who hereafter resigns, transfers or is 
promoted from a position in the service under which he 
had inchoate rights to a non-contributory pension under 
this chapter or under corresponding provisions of earlier 
laws or of any other general or special law, to accept a 
position subject to the provisions of sections one to 
twenty-eight inclusive, if at the time of such resignation, 
transfer or promotion he is under the maximum age for 
the group in which he would be classified; 

(iv) Any person, except as specifically otherwise pro- 
vided for in sections one to twenty-eight, inclusive, who 
enters or re-enters the service as an employee of the 
commonwealth, a teacher as defined in section one, or 
an employee of any political subdivision of the com- 



MAY 22, 2002 



127 



monwealth for which a system estabUshed under the 
provisions of such sections, or under corresponding pro- 
visions of eadier laws, is in operation on the date when 
he becomes an employee; provided, that any such per- 
son who becomes regularly employed, as determined by 
the board as provided for in paragraph (d) of this subdi- 
vision, on a part-time, provisional, temporary, tempo- 
rary provisional, seasonal or intermittent basis, shall 
become a member in service, if he is to be classified in 
Group 1, upon the completion of six calendar months of 
service, and any other such person shall become a mem- 
ber in service upon his entry into service; and provided, 
further, that a physician or dentist who is employed as 
an intern in a municipal hospital shall not become a 
member unless he files a written application for mem- 
bership within ninety days of his appointment. 

(v) Any state official as defined in section one hereafter 
appointed to office who files with the board on a pre- 
scribed form a written application for membership 
within ninety days after the date of assuming the duties 
of his position; provided, that a member becoming a 
state official shall retain his membership and a state offi- 
cial who is a member shall remain a member upon his 
reappointment or upon his appointment or election to 
any other position which would otherwise entitle him to 
membership; 

(vi) Any person hereafter elected by popular vote to a 
state, county or municipal office or position who files 
with the board on a prescribed form a written applica- 
tion for membership within ninety days after the date of 
assuming office; provided, that a member becoming an 
elected official shall retain his membership and an 
elected official who is a member shall remain a member 
upon his re-election or upon his election or appointment 
to any other position which would otherwise entitle him 
to membership; 

(vii) Any person who hereafter is reinstated to or who 
re-enters the active service of the governmental unit in 
which he was formerly employed as provided for in sub- 
division (6) of this section; provided, that any such per- 
son who fails to pay into the annuity savings fund of the 
system the amount of the accumulated regular deduc- 
tions, if any, withdrawn by him, or fails to make provi- 
sion for payment thereof, under the terms set forth in 
such subdivision, shall be considered as a person first 
entering the employ of such governmental unit and shall 
become a member in service only under the conditions 
applicable to such person as set forth in this section; 

( viii ) Any employee who enters the active service of any 
governmental unit and who was a member of any sys- 
tem established under the provisions of sections one to 
twenty-eight inclusive, or under corresponding provi- 
sions of earlier laws or of any special law, and who here- 
after transfers or re-establishes his membership as pro- 
vided for in subdivision (8) of this section to or in the 
system which pertains to such governmental unit; pro- 
vided, that any such employee who fails to transfer or 
re-establish his membership as so provided for shall be 
considered as a person first entering the employ of such 
governmental unit and shall become a member in ser- 
vice only under the conditions applicable to such person 
as set forth in this section; and 

(ix) Any member retired for disability who upon recov- 
ery hereafter is restored to full active service as pro- 
vided for in paragraph (2) (b) of section eight. 

(x) Any employee as defined in .section one. 

(xi) Any employee, any part or all of whose salary, 
wages or other compensation is derived from federal 
grants made to the commonwealth or to any political 
subdivision thereof, which federal grants are used by the 
commonwealth or political subdivision for the payment 



of salaries, and who as a result thereof is eligible for 
membership in the United States civil service retirement 
system, or who otherwise is eligible for such member- 
ship, and who also is eligible for membership in any 
retirement system established under this act, may have 
such portion of his salary, wages or other compensation 
as is derived from federal grants included in his regular 
compensation as defined by section one, but as a condi- 
tion precedent to membership, he shall tile an affidavit 
with the retirement board certifying that he is not a 
member of the United States civil service retirement 
system, eligible to make contributions thereto based 
upon his current salary. If the employee certifies that he 
is a member of the United States civil service retirement 
system, eligible to make contributions thereto based 
upon his current salary, he thereby waives all rights to 
membership in any retirement system established under 
this chapter, and no deductions shall be made from his 
compensation for any retirement system established 
under this chapter. If, when becoming a member of a 
retirement system established under this chapter, he is 
not a member of the United States civil service retire- 
ment system, eligible to make contributions thereto 
based upon his current salary, but later at any time 
before retirement becomes a member of the United 
States civil service retirement system, except after res- 
ignation or discharge from the service which makes him 
eligible to membership in a retirement system estab- 
lished under this chapter, he shall cease to be a member 
of any retirement system established under this chapter, 
and his accumulated deductions shall be returned to 
him. When he or any beneficiary of his becomes eligi- 
ble to receive any benefit under this chapter, he or his 
beneficiary, as a condition precedent to the receipt of 
such benefit, shall file an affidavit stating that the mem- 
ber is not or was not at his death a member of or eligi- 
ble to receive any benefits under the United States civil 
service retirement system. Eligibility for membership in 
a retirement system established under this chapter and 
the right to receive a retirement allowance or benefit 
thereunder shall not be affected by the receipt of a fed- 
eral pension or retirement allowance by a ""veteran" for 
federal service, as defined in section one, or by any 
potential right thereto. Any employee who on January 
first, nineteen hundred and fifty-two was a member of 
the United States civil service retirement system and 
also a member of a retirement system established under 
this chapter, and any employee who was a member of 
the United States civil service retirement system and 
thereafter ceased to be a federal employee and became 
eligible for membership in a retirement system estab- 
lished under this chapter, and any employee who was a 
member under this chapter and thereafter resigned or 
was discharged and became a federal employee, may 
continue his membership in both systems on the condi- 
tion that he shall at his retirement, or his beneficiary 
shall at his death, present to the retirement board estab- 
lished under this chapter proof of the amount of the 
retirement or survivorship allowance to be received 
from the United States civil service retirement system. 
and the retirement or survivorship allowance from the 
system established under this chapter shall be fixed at an 
amount which shall not exceed the difference between 
the annual federal retirement or survivorship allowance 
and the largest annual salary received by the employee 
during a calendar year of the employment which made 
him eligible for membership in the retirement system 
established under this chapter. 

I There are no clauses (xii) and (xiii).l 

(xiv) Any person who is appointed as a member of the 
judiciary on or after January' second, nineteen hundred 
and seveniy-fivc, shall become a member subject to the 
provisions of section sixty-five D, 

(b) Any person who is an employee of any governmen- 
tal unit on the date when a systeme.stablished under the 



128 



CITY COUNCIL 



provisions of sections one to twenty-eiglnt, inclusive, or 
under corresponding provisions of earlier laws, here- 
after becomes operative therein, shall become a member 
in service as of such date unless within ninety days 
thereafter he shall file with the board on a prescribed 
fonn a notice of his election not to become a member 
and a duly executed waiver of all present and prospec- 
tive benefits which might otherwise accrue to him if he 
became a member. No other pension or retirement law 
of the commonwealth whether general or special shall 
be applicable to any such member on or after the date 
such system becomes operative in such governmental 
unit, except as otherwise provided for in subdivision (7) 
of this section or in section twenty-five. In so far as 
practicable and not later than sixty days after the date 
such a system becomes operative in such governmental 
unit, the board shall notify each such employee in writ- 
ing, or through meetings duly announced or by other 
means, of his rights and duties if he becomes a member 
and shall furnish him with a prescribed fonn to be filed 
with the board upon which he may give notice of his 
election to become a member in service or not to 
become a member, as he may elect. 

(c) Any employee otherwise eligible for membership, 
who has elected not to become a member in service, 
may thereafter apply for and be admitted to membership 
upon the terms and conditions set forth in subdivision 
(3) or (8) of this section if on the date of application he 
is under the maximum age for his group. 

(d) In all cases involving part-time, provisional, tempo- 
rary, temporary provisional, seasonal or intermittent 
employment or service of any employee in any govern- 
mental unit, including such employment or service of 
any state official, the board shall have and exercise full 
jurisdiction to determine such employee's eligibility for 
membership; provided, that any person holding a posi- 
tion for which the annual compensation is fixed in an 
amount of two hundred dollars or less shall not be eligi- 
ble for membership except by vote ofthe board; and pro- 
vided further, that any teacher employed in the school 
department of the city of Boston on a provisional, tem- 
porary, temporary provisional or similar basis shall, 
upon the completion of a school year of service in the 
public schools of said city, become a member in service 
of the State-Boston retirement system. For the purposes 
of this paragraph, a school year of service shall be 
deemed to have been completed upon the termination of 
a school year in which the teacher, while holding a cer- 
tificate granted by the board of education under section 
thirty-eight G of chapter seventy-one or while exempt 
from the provisions of said .section because of employ- 
ment as a teacher in the service of said city prior to the 
effective date of said section thirty-eight G, has actually 
performed teaching duties on more than one hundred 
and twenty school days, whether or not consecutive, in 
such school year. 

[ There is no clause (e).] 

(f) Any employee who was not eligible for membership 
because of originally entering the service of any gov- 
ernmental unit after attaining age 60 but before attaining 
age 65, may apply for and be admitted upon the terms 
and conditions set forth in subdivisions (3) and (3A). 

(g) Department heads shall furnish to the board within 
thirty days after employing any new personnel or after 
the receipt of a written request therefor, a statement giv- 
ing the name, address, title, rate of regular compensa- 
tion, duties, date of birth and length and class of service 
of each employee in his department, and shall notify the 
board within thirty days of any change in the title, 
address, rate of compensation, duties or service of any 
employee in his department. Thereupon the board shall 
classify each member in one of the following groups: 



Group 1, - Officials and general employees including 
clerical, administrative and technical workers, laborers, 
mechanics and all others not otherwise classified. 

Group 2, - Public works building police; permanent 
watershed guards and permanent park police; 
University of Massachusetts police; employees of the 
Massachusetts Port Authority, comprising guards, guard 
sergeants, head guard and chief of waterfront police; 
officials and employees of the department of public 
safety having police powers; employees of a municipal 
department who are employed as fire or police signal 
operators or signal maintenance repairmen; ambulance 
attendants of a municipal department who are required 
to respond to fires and perform duties assigned to them; 
employees of a city or town who are employed as 
licensed electricians and elevator maintenance men 
employed by a county; employees of Gushing hospital; 
employees of the trial court of the commonwealth who 
hold the position of chief probation officer, assistant 
chief probation officer, probation officer in charge or 
probation officer, chief court officer, assistant chief 
court officer or court officer; officers and employees of 
the general court having police powers; employees of 
the commonwealth or of any county, regardless of any 
official classification, except the sheriff, superintendent, 
deputy superintendent, assistant deputy superintendent 
and correction officers of county correctional facilities, 
whose regular and major duties require them to have the 
care, custody, instruction or other supervision of prison- 
ers; and employees of the commonwealth or of any 
county whose regular and major duties require them to 
have the care, custody, instruction or other supervision 
of parolees or persons who are mentally ill or mentally 
defective or defective delinquents or wayward children 
and employees of Gushing hospital. 

Group 3. - Officers and inspectors of the department of 
state police referred to in section twenty-six, who shall 
be retired and receive retirement allowances as provided 
for in said section and in sections six and seven, any- 
thing in sections one to twenty-eight, inclusive, to the 
contrary notwithstanding. 

Group 4. - Division of law enforcement of the depart- 
ment of fisheries, wildlife and recreational vehicles; 
conservation officer of the city of Haverhill having 
duties similar to a law enforcement officer of the depart- 
ment of fisheries, wildlife and recreational vehicles; 
employees of the Massachusetts Port Authority at the 
General Edward Lawrence Logan International Airport, 
comprising permanent crash crewmen, fire control men, 
assistant fire control men; members of police and fire 
departments not classified in Group 1 ; any police officer 
of the Massachusetts Bay Transportation Authority; 
employees whose regular compensation is paid by the 
United States from funds allocated to the Massachusetts 
National Guard and who are regularly and permanently 
employed under the control of the military department 
of the commonwealth and whose duties in such employ- 
ment require substantially all normal working hours and 
whose continued employment is based upon federal 
recognition in the Massachusetts National Guard; 
employees of a municipal gas or electric generating or 
distribution plant who are employed as linemen, electric 
switchboard operators, electric maintenance men, steam 
engineers, boiler operators, firemen, oilers, mechanical 
maintenance men, and supervisors of said employees 
who shall include managers and assistant managers; 
employees of the Massachusetts Port Authority who are 
employed as licensed electricians, utility technicians, 
steam engineers, watch engineers, boiler operators, or 
steam firemen, and supervisors of said employees, at an 
electrical generating or distribution plant; employees of 
the department of correction who are employed at any 
correctional institution or prison camp under the control 
of said department and who hold the position of correc- 
tion officer, female correction officer, industrial instruc- 



I) 



MAY 22, 2002 



129 



tor, recreation officer, assistant industrial shop manager, 
industrial shop manager, assistant to the supervisor of 
industries, supervisor of industries, senior correction 
officer, senior female correction officer, supervising 
correction officer, supervising female correction officer, 
prison camp officer, senior prison camp officer, super- 
vising prison camp officer, assistant deputy superinten- 
dent; employees of the parole board who hold the posi- 
tion of parole officer or parole supervisor; chief of 
security for the University of Massachusetts medical 
school or supervising identification agent; employees 
who hold the position of state hospital steward in the 
department of correction; the sheriff, superintendent, 
assistant superintendent, assistant deputy superintendent 
and correction officers of county correctional facilities; 
district attorneys, assistant district attorneys who have 
been employed in such capacity for ten years or more; 
the chief fire warden and the district fire wardens in the 
executive office of environmental affairs and the fire 
marshal of the department of fire services in the execu- 
tive office of public safety; but the fire marshal shall 
have been a member of group 4 for ten years or have had 
ten years or more employment at the department of fire 
services or its predecessor agencies, the division of fire 
prevention and the Massachusetts firefighfing academy, 
before being eligible for benefits under this section. 

(h) Nothing contained in this section shall be construed 
to impair the rights of any member whose office or posi- 
tion is subject to chapter thirty-one or to the rules and 
regulations made under authority thereof. 

(3) Late Entry into Membership, - Notwithstanding his 
filing of notice and waiver under paragraph (b) of sub- 
division (2) of this section, any employee who, having 
or having had the right to become a member, failed to 
become or elected not to become a member, may apply 
for and be admitted to membership if under the maxi- 
mum age for his group on the date of his application; 
provided, that during his present period of service he 
had previously been eligible for membership; and any 
employee who, having had the right to become a mem- 
ber of any retirement system established under the pro- 
visions of this chapter, or under corresponding provi- 
sions of earlier laws or any special law, failed to become 
or elected not to become a member, may apply for and 
be admitted to membership if under the maximum age 
for his group on the date of his application. No 
employee shall otherwise be admitted to membership 
except by vote of the retirement board of the system for 
which application is made, and then only if that board 
finds that his failure to become or his election not to 
become a member was caused by circumstances other 
than those generally applicable to employees. No such 
member shall be entitled to full credit for service ren- 
dered prior to the date of his becoming a member, unless 
before the date any retirement allowance becomes effec- 
tive for him he shall have paid into the annuity savings 
fund of the system in one sum, or in instalments, upon 
such terms and conditions as the board may prescribe, 
make-up payments of an amount equal to that which 
would have been withheld as regular deductions from 
his regular compensation had he joined the system at his 
earliest opportunity, together with regular interest. Upon 
the completion of such make-up payments such member 
shall be entitled to all creditable service to which he 
would have been entitled had he joined the system when 
first eligible to become a member In the event any 
retirement allowance becomes effective for him before 
the completion of such make-up payments, such mem- 
ber shall, in addition to credit for his actual membership 
service, be entitled to credit for that proportion of his 
service rendered prior to the dale of his becoming a 
member which the total amount of his make-up pay- 
ments actually made, together with regular interest 
thereon to the date his retirement allowance becomes 
effective, bears to the total amount of what his make-up 
payments, together with regular interest thereon to such 



latter date, would have been had he made payment 
thereof in one sum on such latter date. 

(3A) Equal Privileges For Certain Members, - An 
employee who is a member of a retirement system or 
who is entitled to become a member and who fulfills all 
the conditions required for a member during the period 
commencing July first, nineteen hundred and thirty- 
seven, and ending January first, nineteen hundred and 
forty-six, may pay into the annuity saving fund of the 
system in one sum, or in instalments, upon such terms 
and conditions as the board may prescribe, make-up 
payments of an amount not to exceed that which would 
have been withheld as regular deductions from his reg- 
ular compensation had the deductions been based on his 
total earnings rather than the prescribed limit or limits in 
force during this period, together with interest on such 
make-up payments. Upon the completion of payment of 
such make-up payments, together with interest thereon, 
such member shall be entitled to such additional retire- 
ment allowance as said additional contributions would 
entitle him. In the event such member retires before the 
completion of payment of such make-up payments and 
interest thereon, such member shall, in addition to the 
retirement allowance provided by his regular contribu- 
tion, be entitled to credit for that proportion of his addi- 
tional contribution made prior to the time of his retire- 
ment. 

(4) Credit for Teachers for Out-of-State Service. - Any 
member in service, or any member inactive on autho- 
rized leave of absence of the teachers' retirement sys- 
tem, or any member in service, or any member inactive 
on authorized leave of absence of any other contributory 
retirement system who is employed in a teaching posi- 
tion or as a principal, supervisor or president in a school 
or college, or employed in the department of education 
as supervisor of teachers or of educational methods, 
who had rendered service in any other state for any pre- 
vious period as a teacher, principal, supervisor or super- 
intendent in the public day schools or other day school 
under exclusive public control and supervision, or in a 
public academy, or as a teacher, principal, supervisor or 
president in a state normal school, state teachers college 
or like institution, or other college under exclusive pub- 
lic control and supervision, or in a public academy, or 
who was employed in a state department of education as 
supervisor of teachers or of educational methods, may, 
before the date any retirement allowance becomes effec- 
tive for him, pay into the annuity savings fund of the 
system in one sum, or in instalments, upon such terms 
and condifions as the board may prescribe, an amount 
equal to that which would have been withheld as regu- 
lar deductions from his regular compensation for such 
previous period, or most recent portion thereof, as he 
may elect, had such service been rendered in a public 
school of the commonwealth and had he been a member 
of the teachers' retirement system during the period the 
service was rendered; provided, that for such service 
which was rendered prior to July first, nineteen hundred 
and fourteen, payment shall be made equal to the regu- 
lar deductions which would have been withheld from 
his regular compensation if the teachers' retirement sys- 
tem, as established by chapter eight hundred and thirty- 
two of the acts of nineteen hundred and thirteen, had 
been in effect during the period the service was ren- 
dered, and the interest to July first, nineteen hundred 
and fourteen, shall be computed at the rate of three per 
cent. Payment shall not be made and no credit shall be 
allowed for service in other states in excess of the total 
Massachusetts service to which the member would be 
entitled to receive credit if he remained in service lo age 
sixty-five, with a maximum credit for service in other 
states not to exceed ten years; provided, that no credit 
shall be allowed and no payment shall be acccplcti for 
any service for which the member shall be entitled to 
receive a retirement allowance from any other state. In 
addition to the payment of such sum or insialnients 



130 



CITY COUNCIL 



thereof, such member shall also pay into the annuity 
savings fund an amount of interest such that at the com- 
pletion of such payments the value of his accumulated 
payments, together with regular interest thereon, actu- 
ally made on account of such previous out-of-state ser- 
vice, shall equal the value of his accumulated regular 
deductions which would have resulted if regular deduc- 
tions had been made when regular compensation for 
such service was actually received. Upon the comple- 
tion of such payments, such member shall receive the 
same credit for such period of his previous out-of-state 
service, or portion thereof elected, as would have been 
allowed if such service had been rendered by him in a 
public school of the commonwealth, Such member shall 
furnish the board with such infonnation as it shall 
require to detennine the amount to be paid and the credit 
to be allowed under this subdivision. At the time a 
retirement allowance becomes due to a member or to a 
beneficiary under option (d) of subdivision (2) of sec- 
tion twelve, if the Massachusetts service on the date 
either retirement allowance becomes effective, or on the 
date the member attained age sixty-five, whichever first 
occurs, is less than the service in other states for which 
the member has paid, credit shall be allowed only for the 
most recent service rendered in other states equal to 
such Massachusetts service, and the amount paid for 
additional service shall be refunded with accumulated 
interest, refund to be made only when the retirement 
allowance becomes due to the member or to the benefi- 
ciary under option (d) of subdivision (2) of section 
twelve, and if it is found that payment has been accepted 
for any service for which the member is entitled to a 
retirement allowance from any other state, the amount 
paid for such service with accumulated interest shall 
also be refunded with no retirement credit allowed. 

For the purposes of this subdivision the words ""service 
in any other state for any previous period as a teacher, 
principal, supervisor or superintendent in the public day 
schools or other day school under exclusive public con- 
trol and supervision" shall be deemed to include service 
rendered in an overseas dependent school conducted 
under the supervision of the department of defense of 
the government of the United States, and service ren- 
dered in the public schools of the Commonwealth of 
Puerto Rico; provided, that any credit to be allowed 
shall not exceed five years of the maximum credit often 
years allowable for service in other states as provided in 
this section. 

(4A) Credit for Teachers for Nonpublic School Service, 
- Any member in service, or any member inactive on 
authorized leave of absence of the teachers' retirement 
system or the state retirement system or the State- 
Boston retirement system, who holds a certificate issued 
by the department of education or is exempted from the 
requirement of certification or any member who is 
employed in a public institution of higher education as a 
faculty member or professional employee not under the 
jurisdiction of the human resources division within the 
executive office for administration and finance classifi- 
cation system and who was previously engaged in 
teaching pupils or as an administrator in a nonpublic 
school prior to January first, nineteen hundred and sev- 
enty-three may, before the date any retirement 
allowance becomes effective for him, pay into the annu- 
ity savings fund of the appropriate system in one sum, 
or in installments, upon such terms and conditions as the 
board may prescribe, an amount equal to that which 
would have been withheld as regular deductions from 
his regular compensation for such previous period, or 
most recent portion thereof, as he may elect, had such 
service been rendered in a public school of the com- 
monwealth or public institution of higher education and 
had he been a member of the teachers' retirement system 
or the state retirement system during the period such 
.service was rendered. Payment shall not be made and no 
credit shall be allowed for service in nonpublic schools 



in excess of the total Massachusetts service to which the 
member would be entitled to receive credit if he 
remained in .service to age sixty-five, with a maximum 
credit for service in nonpublic schools not to exceed ten 
years; provided that no credit shall be allowed and no 
payment shall be accepted for any service on account of 
which the member shall be entitled to receive a retire- 
ment allowance or other similar payment from the non- 
public school system, the federal government or any 
other source. In addition to the payment of such sum, or 
installments thereof, such member shall also pay into 
the appropriate annuity savings fund an amount of inter- 
est such that at the completion of such payments the 
value of his accumulated payments, together with regu- 
lar interest thereon, actually made on account of such 
previous nonpublic school service, shall equal the value 
of his accumulated regular deductions which would 
have resulted if regular deductions had been made when 
regular compensation for such service was actually 
received. Upon the completion of such payments, such 
member shall receive the same credit for such period of 
his previous nonpublic school service, or portion thereof 
elected, as would have been allowed if such service had 
been rendered by him in a public school of the com- 
monwealth or public institution of higher education. 
Such member shall furnish the appropriate board with 
such infonnation as it shall require to determine the 
amount, to be paid and the credit to be allowed under 
this subdivision. At the time a retirement allowance 
becomes due to a member or to a beneficiary under 
option (d) of subdivision (2) of section twelve, if the 
Massachusetts service on the date either retirement 
allowance becomes effective, or on the date the member 
attained the age of sixty-five, whichever first occurs, is 
less than the service in nonpublic schools for which the 
member has paid, credit shall be allowed only for the 
most recent service rendered in nonpublic schools equal 
to such Massachusetts service, and the amount paid for 
additional service shall be refunded with accumulated 
interest, refund only to be made when the retirement 
allowance becomes due to the member or to the benefi- 
ciary under option (d) of subdivision (2) of section 
twelve, and if it is found that payment has been accepted 
for any service for which the member is entitled to a 
retirement allowance from any nonpublic school sys- 
tem, the amount paid for such service with accumulated 
interest shall also be refunded with no retirement credit 
allowed. 

(5) Credit for Members for Intra-State Service in 
Governmental Units Where No System Existed. - Any 
member of any system who had rendered service as an 
employee of any governmental unit other than that by 
which he is presently employed, for any previous period 
during which the first governmental unit had no con- 
tributory retirement system or during which he had 
inchoate rights to a non-contributory pension or in a 
position which was not subject to an existing retirement 
system, or which was specifically excluded therefrom 
but which would be covered under the law now in 
effect, or any member who during any period of service 
for the governmental unit by which he is presently 
employed had such inchoate rights or was so excluded 
from membership, or any member of any retirement 
system who had rendered service as an employee in the 
governmental unit by which he is presently employed 
and who separated from such service and who had a 
right to become a member of the existing retirement sys- 
tem pertaining thereto, but who did not exercise such 
right before .separation from such service, or any mem- 
ber who had a right to become a member of an existing 
system in any other governmental unit and who did not 
exercise such right, and who, when he left the service of 
such other governmental unit, had such right, or any 
member of any system who rendered service in any gov- 
ernmental unit other than that by which he is presently 
employed, in a temporary, provisional, or substitute 
position and who was excluded from membership by the 



MAY 22, 2002 



131 



rules of any board, may, before the date any retirement 
allowance becomes effective for him, pay into the annu- 
ity savings fund of the system in one sum, or in instal- 
ments, upon such terms as the board may prescribe, an 
amount equal to that which would have been withheld 
as regular deductions from his regular compensation for 
such previous period, or most recent portion thereof, as 
he may elect, in no event aggregating more than twenty 
years, had such service been rendered in the govern- 
mental unit by which he is presently employed and in a 
position subject to the provisions of this chapter, or to 
corresponding provisions of earlier laws. In addition to 
the payment of such sum or instalments thereof, such 
member shall also pay into the annuity savings fund an 
amount of interest such that at the completion of such 
payments the value of his accumulated payments, 
together with regular interest thereon, actually made on 
account of such previous intrastate service shall equal 
the value of his accumulated regular deductions which 
would have resulted if regular deductions had been 
made when regular compensation for such service was 
actually received. Upon the completion of such pay- 
ments such member shall receive the same credit for 
such period of his previous intrastate service or portion 
thereof elected as would have been allowed if such ser- 
vice had been rendered by him in the governmental unit 
by which he is presently employed. Such member shall 
furnish the board with such information as it shall 
require to determine the amount to be paid and the credit 
to be allowed under this subdivision. 

(a) Any person who is now a member or who becomes 
a member of a system applicable to any governmental 
unit shall be given credit in such system for any service 
rendered as a constitutional officer or as a member of 
the general court by depositing in the annuity savings 
fund of such system such sums and under such condi- 
tions as are set forth under said sections. 

(6) Leave of Absence and Reinstatement to or Re-entry 
into Active Service. - (a) Leaves and periods of absence 
of any member duly authorized with full regular com- 
pensation shall not be deemed an interruption of mem- 
bership or service and shall be counted as full creditable 
service. Leaves and periods of absence of any member 
duly authorized without regular compensation or with 
partial regular compensation, while not to be deemed a 
termination of membership or service, shall not be 
counted as creditable service except as specifically oth- 
erwise provided for in section four The board shall have 
full power to make such rules, regulations and findings 
as it may deem necessary, consistent with the provisions 
of sections one to twenty-eight inclusive, relating to 
leaves and periods of absence and the rights and duties 
of any member during the same as will effectuate the 
purposes of such sections. 

(b) Any member inactive whose service has been termi- 
nated otherwise than by retirement but whose member- 
ship has been retained by failure to withdraw his accu- 
mulated total deductions, shall become a member in 
service upon his reinstatement to or re-entry into the 
active service of his former employer in a position 
which is subject to the provisions of sections one to 
twenty-eight inclusive. 

(c) Any former member who is reinstated to or who re- 
enters the active service of the governmental unit in 
which he was formerly employed to serve in a position 
which is subject to the provisions of this chapter, within 
two years from the date of his separation therefrom, 
may again become a member in service and may pay 
into the annuity savings fund of the system in one make- 
up sum, or in installments upon such terms and condi- 
tions as the board may prescribe, an amount equal to the 
accumulated regular deduction withdrawn by him, 
together with the regular interest to the dale of reem- 
ployment. No such member shall be eligible for any dis- 



ability benefit under the provisions of this chapter, until 
such member makes a repayment of accumulated regu- 
lar deductions and regular interest, to said respective 
retirement system. Upon making such make-up pay- 
ment such member shall be entitled to all creditable ser- 
vice resulting from such previous employment. 

(d) Any former member who is reinstated to or who re- 
enters the active service of the governmental unit in 
which he was formerly employed to serve in a position 
which is subject to the provision of this chapter, more 
than two years after the date of his last separation there- 
from may, before the date any retirement allowance 
becomes effective for him, pay into the annuity savings 
fund of the system in one sum, or in instalments, upon 
such terms and conditions as the board may prescribe, 
make-up payments of an amount equal to the accumu- 
lated regular deductions withdrawn by him, together 
with regular interest. Upon such re-employment and 
upon making such payment in one sum or upon making 
provision for payment thereof in instalments, as the case 
may be, such former member shall again become a 
member. A member who did not, at the earliest opportu- 
nity, either return in one sum the permitted make-up 
payment, or provide for such repayment in instalments, 
and whose membership was contingent on such pay- 
ment either in one sum or his making provision for the 
payment thereof in instalments, may, during the period 
permitted for such payment, also pay as an additional 
make-up payment the deductions omitted from the date 
when the make-up payment for previous membership 
could first have been paid, with regular interest. Upon 
the completion of such make-up payments such member 
shall be entitled to all creditable service resulting from 
his previous employment. In the event any retirement 
allowance becomes effective for him before the com- 
pletion of such make-up payments, such member shall, 
in addition to credit for his actual membership service 
rendered since the date of his last becoming a member, 
be entitled to credit for that proportion of his previous 
creditable service rendered prior to such date which the 
total amount of his make-up payments actually made, 
together with regular interest thereon to the date his 
retirement allowance becomes effective, bears to the 
total amount of what his make-up payments, together 
with regular interest thereon to such latter date, would 
have been had he made payment thereof in one sum on 
such latter date, 

(e) Anything in sections one to twenty-eight inclusive to 
the contrary notwithstanding, no person who becomes a 
member under subdivision (3) of this section, and no 
member who is reinstated to or who re-enters active ser- 
vice as provided for in paragraph (b), (c) or (d) of this 
subdivision, or who transfers or re-establishes his mem- 
bership as provided for in subdivision (8) of this section, 
shall be eligible to receive a superannuation retirement 
allowance, an ordinary disability retirement allowance 
or a termination retirement allowance unless and until 
he shall have been in active service for at least two con- 
secutive years, including any period or periods of leave 
of absence credited as membership service, subsequent 
to the date of commencement of his new employment, 
or unless, in the case of any member who is reinstated 
to or who re-enters active service as provided for in 
paragraph (b) of this subdivision or who transfers his 
membership as provided for in paragraph (8) (a) of this 
section, he was eligible to receive a retirement 
allowance under the provisions of section ten at the time 
of his last separation from service: provided that, in the 
case of a member whose account is transferred under 
said paragraph (8) (a), this p;uagraph shall not apply 
after the member has rendered service or attained an age 
so that he would have been eligible to retire illie had 
continued to be a member of the retirement system from 
which his account was transferred. 

(f) Any employee who last terminated his service in any 



132 



CITY COUNCIL 



political subdivision of the commonwealth before a con- 
tributory retirement system established under the provi- 
sions of this chapter, or under corresponding provisions 
of earlier laws or under any special law, became opera- 
tive in such political subdivision and who is reinstated 
to or who re-enters the active service of such political 
subdivision after such a system becomes operative 
therein shall become a member upon his re-employment 
in a position which is subject to the provisions of such 
retirement system. Upon becoming a member he shall 
be entitled to all creditable service resulting from his 
previous employment in such political subdivision. In 
no event shall any such member be eligible to receive a 
superannuation retirement allowance or a termination 
retirement allowance unless and until he shall have 
been in active service for at least five years, including 
any period or periods of leave of absence credited as 
membership service, subsequent to the date of com- 
mencement of his new employment. 

(7) Dual Membership. - (a) Any person employed by 
two or more governmental units which have established 
contributory retirement systems under the provisions of 
sections one to twenty-eight inclusive, or under corre- 
sponding provisions of earlier laws, shall, subject to the 
provisions of such sections, become a member in ser- 
vice of each such system to which he is eligible by rea- 
son of his employment in such governmental units and 
shall receive pensions, retirement allowances or other 
benefits from each such system according to the applic- 
able provisions of such sections. If any such person is or 
becomes a member of two or more such systems on or 
after January tlrst, nineteen hundred and forty-six, the 
treasurer of each such governmental unit shall withhold 
five per cent of the regular compensation due such 
member on each pay day from such governmental unit 
for deposit to the credit of such member in the annuity 
savings fund of the appropriate system. 

(b) In no event shall the total benefits received by such 
member from all such systems be greater than he would 
have received had his total regular compensation been 
received from a single governmental unit. The amount 
of any pension, retirement allowance or other benefit to 
be paid on account of any person who is a member of 
two or more such systems shall be computed and paid in 
such proportions as may be ordered by the actuary. No 
pension or retirement allowance shall become effective 
on account of any such person's membership in one sys- 
tem until the date the member tenninates his service in 
any other governmental unit. Any board may conduct 
separate medical examinations for any member who is a 
member of two or more systems; provided, however, 
that the commission may suspend or otherwise limit 
such examination upon recommendation of the regional 
medical panel if it determines such second examination 
would be unnecessary based on the evidence of the first 
examination. Any such person so jointly employed shall 
have all the rights and be subject to the liabilities under 
the provisions of sections one to twenty-eight, inclusive, 
as a member of each such system, and his liability for 
regular deductions and his right to benefits from each 
system shall be based upon his regular compensation 
received from the governmental unit to which such sys- 
tem pertains, 

(c) Any person who is a member of two or more systems 
and who on or after January first, nineteen hundred and 
forty-six, receives regular compensation paid jointly by 
two or more governmental units, shall, subject to the 
provisions of sections one to twenty-eight inclusive, 
while continuing in such joint employment, be allowed 
creditable service in each system for all such employ- 
ment in the govemmental unit to which each system per- 
tains. In no event shall any such person during such joint 
employment be allowed creditable service in any one 
system for a total period of service longer than he would 
have been credited with had he been a full-time 



employee of the govemmental unit to which such sys- 
tem pertains. In all cases of joint employment involving 
membership in two or more such systems, the amount of 
creditable service allowed to any such person shall be 
subject to the approval of the actuary, 

(d) If any person who is a member of two or more sys- 
tems terminates his service in one govemmental unit 
other than by retirement but continues in service in one 
or more other govemmental units, his membership in 
the system pertaining to the former govemmental unit 
shall thereupon be transferred to the system of the gov- 
emmental unit to which he is devoting the major portion 
of his employment and the provisions of subdivision (8) 
of this section shall be applicable; provided, however, 
that an individual awarded a disability pension from the 
system pertaining to the former govemmental unit who 
continues his service in one or more other govemmental 
units shall waive receipt of the disability retirement 
allowance during the period of such continued service, 
and provided further, that the membership of such indi- 
vidual awarded a disability pension shall not thereupon 
be transferred to the system of the govemmental unit to 
which he is donating the major portion of his employ- 
ment. In no event shall any member be eligible to 
receive a retirement allowance from one system while 
continuing in service in any govemmental unit, except 
as provided for in section ninety-one, or in section 
twenty-six of chapter six hundred and seventy of the 
acts of nineteen hundred and forty-one, or in chapter 
sixteen of the acts of nineteen hundred and forty-two as 
amended. In no event shall any member who terminates 
his service in one governmental unit be entitled to with- 
draw his accumulated total deductions from the system 
pertaining to such govemmental unit while still retain- 
ing his membership in any other system, except for the 
purpose of transfer thereof to such other system, 

(e) Any person who is a member of one or more con- 
tributory retirement systems established under the pro- 
visions of sections one to twenty-eight inclusive, or 
under corresponding provisions of earlier laws, and who 
is also a member of a contributory retirement system 
established and operative under any special law, shall be 
subject to the provisions of this subdivision to the extent 
such provisions are not inconsistent with those of the 
special law. In all such cases the amount of creditable 
service allowed to any such person and the amount of 
any pension, retirement allowance or other benefit to be 
paid on his account shall be computed by the actuary. 

(f) The provisions of paragraphs (a) to (e) inclusive of 
this subdivision shall not apply to any person employed 
by Suffolk County whose regular compensation 
received from the county at the time of his employment 
was more than one half of his combined regular com- 
pensation from all govemmental units. 

(g) Any person retired under the provisions of this chap- 
ter, or under corresponding provisions of earlier laws or 
of any other general or special law, shall receive only 
such benefits as are allowed or granted by the particular 
provisions of the law under which he is retired. 

(8) Transfer or Re-establishment of Membership. - (a) 
Any member of any contributory retirement system 
established under the provisions of sections one to 
twenty-eight inclusive, or under corresponding provi- 
sions of earlier laws or of any special law, who, while 
still a member and before the date any retirement 
allowance becomes effective for him, becomes 
employed in a position in any other govemmental unit 
in which such a system is operative, shall thereupon 
have his membership transferred to the second system, 
or if a teacher as defined in section one shall retain his 
membership in the teachers' retirement system, and shall 
be entitled to all creditable service resulting from his 
previous employment; provided, that such position is 



MAY 22, 2002 



133 



subject to the provisions of the law pertaining to the sec- 
ond system or to the teachers' retirement system, as the 
case may be. Such transfer of membership, if required, 
shall be effectuated by transferring within ninety days 
after the date of commencement of his new employment 
the amount of the accumulated total deductions credited 
to his account in the annuity savings fund of the system 
from which he is being separated to the annuity savings 
fund of the second system. 

(b) Any former member of any contributory retirement 
system established under the provisions of this chapter, 
or under corresponding provisions of earlier laws or of 
any special law, who subsequently becomes employed 
in a position in any other governmental unit in which 
such a system is operative, may, before the date any 
retirement allowance becomes effective for him, pay 
into the annuity savings fund of the system pertaining to 
his new employment in one sum, or in instalments, upon 
such terms and conditions as the board may prescribe, 
make-up payments of an amount equal to the accumu- 
lated regular deductions wjthdrawn by him from the 
system from which he last became separated, together 
with regular interest; provided, that such position is sub- 
ject to the provisions ofthe law relating to the system 
pertaining to his new employment. Upon commencing 
such employment and upon making such payment in 
one sum, or upon making provision for payment thereof 
in instalments, as the case may be, such former member 
shall become a member of the system pertaining to his 
new employment. A member who did not, at the earliest 
opportunity, either return in one sum the permitted 
make-up payment, or provide for such repayment in 
instalments, and whose membership was contingent on 
such payment either in one sum or his making provision 
for the payment thereof in instalments, may, during the 
period permitted for such payment, also pay as an addi- 
tional make-up payment the deductions omitted from 
the date when the make-up payment for previous mem- 
bership could first have been paid, with regular interest. 
Upon the completion of such make-up payments such 
member shall be entitled to all creditable service result- 
ing from his previous employment. In the event any 
retirement allowance becomes effective for him before 
the completion of such make-up payments, such mem- 
ber shall, in addition to credit for his actual membership 
service rendered since the date of his becoming a mem- 
ber of the system pertaining to his new employment, be 
entitled to credit for that proportion of his previous cred- 
itable service attributable to his former membership in 
the system from which he last became separated which 
the total amount of his make-up payments actually 
made, together with regular interest thereon to the date 
his retirement allowance becomes effective, bears to the 
total amount of what his make-up payments, together 
with regular interest thereon to such latter date, would 
have been had he made payment thereof in one sum on 
such latter date. 

(c) Whenever any retired member or beneficiary 
receives a pension or survivor's allowance from a sys- 
tem pertaining to one governmental unit in a case where 
a portion of such pension or survivor's allowance is 
attributable to service in a second governmental unit to 
which another system pertains, the first governmental 
unit shall be reimbursed in full, in accordance with the 
provisions of this paragraph, by the second governmen- 
tal unit for such portion of the pension as shall be com- 
puted by the actuary. The actuary shall consider length 
of service and whether the respective systems have 
elected to accept the provisions of paragraph (b %pl 
/2%p) of subdivision (I) of section twenty-two when 
computing such portions. No system which has not 
accepted the provisions of said paragraph shall be 
assessed any costs for service in any other system which 
has accepted the provisions of said paragraph. In any 
case where creditable service is allowed for any period 
served in the armed forces, where a member became 



employed in a position in a governmental unit other than 
the governmental unit wherein he was employed prior to 
entering such military service, the cost of any pension 
attributable to such creditable service shall be divided 
equally between the two retirement systems involved, 
and the actuary shall, on the same basis, determine the 
amount to be transferred from the special fund for mili- 
tary service credit, established under the provisions of 
subdivision (4) of section twenty-two, of the system of 
the governmental unit by which the member was 
employed prior to entering such military service to the 
special fund for military service credit in the second 
retirement system. The treasurer of the first governmen- 
tal unit shall annually, on or before January fifteenth, 
upon the certification of the board ofthe system from 
which such disbursements have been made, notify the 
treasurer of the second governmental unit of the amount 
of reimbursement due therefrom for the previous fiscal 
year and such latter treasurer shall forthwith take such 
steps as may be necessary to insure prompt payment of 
such amount. All such payments due under the provi- 
sions of this paragraph from the second governmental 
unit shall be charged to the pension fund of the system 
pertaining thereto and as received they shall be credited 
to or appropriated for the pension fund of the system 
pertaining to the first governmental unit. In default of 
any such payment, the first governmental unit may 
maintain an action of contract to recover the same; pro- 
vided, that there shall be no such reimbursement if the 
two systems involved are the state employees' retire- 
ment system and the teachers' retirement system. 

(d) The pertinent provisions of this subdivision shall 
apply to the extent not inconsistent therewith to any per- 
son otherwise subject thereto who has transferred his 
employment from one governmental unit to another 
prior to January first, nineteen hundred and forty-six, as 
well as to any such person who so transfers his employ- 
ment on or after such date. The provisions of paragraph 
(6) (e) of this section shall be applicable to any member 
whose membership is transferred or re-established as 
provided for in this subdivision. 



Ordered, that the provisions of Chapter 116 of the 
Acts of 2002 be and the same hereby are accepted. 

Referred to the Committee on Government 
Operations. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 0664) 

Constable's Bonds ofthe following, having been duly 
approved by the Collector Treasurer, were received and 
approved: 

Barbara L. BeDugnis, 
David G. BeDugnis, Sr., 
James F. Burke, 
Russell C. Castagna, 
Rolfiyn Cazeau, 
Thomas J. Connolly, 
John Consolo, 
Antonio G Correia, 
Edward Cronin, 
Francis R. Davis, 
John J. DiBlasi, 
John P. Dinatale, 
John T. Fasancllo, 
Richard B. Hogan, 
Joel B. Hurwitz, 
Frank A. Kravitsky, 
Mark Kravitsky, 
Harrison J. Lee, 
Daniel Long, 
Deni.se C. Long, 
Frederick W. MacDonald, 



134 



CITY COUNCIL 



James J. McCarthy, 
Kevin P. McGrail, St., 
John F. McQuaid, 
Marvin D. Minor, Sr, 
Andreas Otero, 
FrankUn Redd, 
George N. Reese, 
Rodger D. Renrick, 
John J. Roscoe, 
Wilfred R Suozzo, 
Albert L. Williams, 
Willie J. Williams, 
Derek S, Wright 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0668) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday. May 25, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 6, 2002: 

Thomas M. McDonough, Administrative Asst., 
$673.08/week, full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0670) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, May 18, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Mary D. Regan, Administrative Asst., $600.00/week, 
full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0671) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, May 25, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Jose A. Rojas, Secretary, $940.99/week, full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0667) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, June 29, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 

Michael Moran, Secretary, $375.00/week, full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0672) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, June 29, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 

Jose A. Rojas, Secretary, $500.00/week, full time. 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0666) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, May 25, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 

Michael Moran, Secretary, $786.06/week, full time. 
Passed under suspension of the rules. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0665) 
Notice was received from the Mayor of his absence 
from the City May 20, 2002 until May 22, 2002. 
Placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0669) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, May 18, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, May 24, 
2002: 

Ryan M. Stillman, Secretary, $245.00/week, full time. 
Passed under suspension of the rules. 



OFFERED BY COUNCILLORS YANCEY, FEENEY, 
HONAN, MURPHY, ROACHE, SCAPICCHIO, 
TURNER (DOCKET NO. 0673) 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND AND TWO 

AN ORDINANCE REGARDING 
PARENTAL SCHOOL LEAVE 

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

Chapter 12 is hereby amended by adding CBC 12-13A 
as follows: 

12-13A PARENTAL SCHOOL LEAVE FOR 
EMPLOYEES OF THE CITY OF BOSTON. 

12- 13 A.I Definitions. 

Unless specifically indicated otherwise, the definitions 
contained in CBC 12-13.1 shall apply and control in 
these sections. 

Parent shall have the same definition contained in 
CBC 12.13.1 but these sections shall apply only to a 
Parent who is employed by the City of Boston and enti- 
tled to the employment benefits provided by the City of 
Boston. 

12-13A.2 Legislative Intent. 

These sections are intende d to enhance the rights of 
Parents employed by the City of Boston and entitled to 
the employment benefits provided by the City of 



MAY 22, 2002 



135 



Boston; specifically, these sections are intended to 
enhance the rights under CBC 12-13 ("Parental School 
Leave"). Parents of school-aged PupiUs) in kindergarten 
and grades one (1) to twelve (12), inclusive, may take 
the opportunity to spend up to twenty-one (2 1 ) hours per 
school calendar year for school visits if the Parent, prior 
to taking time off pursuant to these sections, gives clear 
and reasonable notice to the Parent's appropriate super- 
visor of the Parent's planned absence. 

12- 13 A. 3 Operation of Section. 

The City of Boston shall not discharge nor in any way 
discriminate against a Parent of a Pupil in kindergarten 
or grades one (1) to twelve (12), inclusive, for taking off 
up to twenty-one (21 ) hours pursuant to these sections in 
each school calendar year for school visits regarding the 
Pupil, if the Parent, prior to taking time off pursuant to 
these sections, gives clear and reasonable notice to the 
Parent's appropriate supervisor of the Parent's planned 
absence. A Parent that is an employee of the City of 
Boston shall not be required to use existing vacation 
time, personal leave time, or compensatory time for pur- 
poses of this planned absence but shall be paid the 
Parent's normal rate of pay from the City of Boston for 
each qualified hour of absence. The Parent, if requested 
by the Parent's appropriate supervisor within the City of 
Boston, shall provide documentation from the Pupil's 
school as proof that the Parent visited the Pupil's school 
on a specific date and at a particular time. For purposes 
of this subsection, "documentation" shall mean what- 
ever written verification of a parental visit the Pupil's 
school deems appropriate and reasonable. 

A Parent who is discharged, demoted, threatened, sus- 
pended, or in any other manner discriminated against in 
terms and conditions of employment by the City of 
Boston because the Parent has taken qualified time off 
pursuant to these sections shall be immediately entitled 
to reinstatement and reimbursement of lost wages and 
work benefits resulting from such discharge, demotion, 
threat, suspension, or other related discrimination. If the 
City of Boston willfully refuses to rehire, reinstate, or 
otherwise restore a Parent who has been determined to 
be eligible for rehiring, reinstatement, or other restora- 
tion by a grievance procedure, arbitration, or hearing 
authorized by law, may be subject to a civil penalty in 
an amount equal to five (5) times the amount of the 
Parent's lost wages and work benefits derived from the 
Parent's employment by the City of Boston. 

Nothing in these sections shall be construed to prevent a 
Parent from using vacation time, personal leave time, or 
compensatory time to visit the Parent's Pupil's school 
once the Parent has exhausted the twenty-one (21) hours 
provided herein. 

Referred to the Committee on Education and 
School Matters. 



ORDER APPROVING A PETITION FOR A SPECIAL 
LAW RE: CERTAIN CONTRACTING PROCE- 
DURES (DOCKET NO. 0674) 

Offered by Councillor TOBIN: 

Whereas, A Petition for Special Law was approved on 
August 10, 1998 which raised the threshold for mayoral 
approval for and auditor certification of appropriation of 
city contracts from Two Thousand Dollars and No Cents 
($2,000.00) to Ten Thousand Dollars and No Cents 
($10,000.00); and 

Whereas, The Boston City Council, through its bud- 
get hearings, has learned thai city efficiencies may be 
enhanced by raising ihe ihrcshokl to Twenty-Five 
Thousand Dollars and No Cents ($25,000); the Boston 
City Council hereby 

Petitions, That the following special law be enacted. 



HOME RULE PETITION 

ORDERED: That 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 8 of Article II, as amended, of the Articles of 
Amendment to the Constitution of the Commonwealth 
of Massachusetts, to the end that legislation be adopted 
precisely as follows, except for clerical or editorial 
changes of form only: 

PETITION FOR A SPECIAL LAW RE: CERTAIN 

CONTRACTING PROCEDURES IN 

THE CITY OF BOSTON 

Section I. Section 6 of chapter 418 of the acts of 1890 
is hereby amended by striking out the first sentence, as 
most recently stricken and amended by section 3 of 
chapter 262 of the acts of 1998, and inserting in place 
thereof the following sentence: "All contracts made by 
any department of the city of Boston or by any officer, 
board or official of the county of Suffolk having power 
to incur obligations on behalf of said county in cases 
where said obligations are to be paid for wholly from 
the treasury of said city, shall, when the amount 
involved is Twenty-Five Thousand Dollars and No 
Cents ($25,000.00) or more, or when the contract comes 
within section 30 of chapter 486 of the acts of 1909, be 
in writing; and no such contract shall be deemed to have 
been made or executed until the approval of the mayor 
of said city has been affixed thereto in writing and the 
auditor of said city has certified thereon that an appro- 
priation is available therefor or has cited thereon the 
statute under authority of which the contract is being 
executed without an appropriation. 

Section 2. This act shall take effect upon its passage. 

Referred to the Committee on Government 
Operations. 



ORDER FOR HEARING RE: INCIDENTS AT 
NASHUA STREET JAIL AND SOUTH BAY 
CORRECTIONAL FACILITIES. (DOCKET 
NO. 0675) 

Councilors Turner and Yancey offered the following: 

Whereas: The Boston City Councillors serve as 
Suffolk County Commissioners, 

Whereas: There has been ongoing issues at Nashua 
Street Jail and South Bay Correctional Facilities and. 

Whereas: On Friday 5/17/02 there were reports by 
guards that there had been mayhem with Prisoners and. 

Whereas: There has been allegations subsequent to 
Friday's reports that the guards were involved with incit- 
ing the incidents and. Therefore be it. 

Ordered: That a hearing be held with the Sheriff of 
Suffolk County and others to investigate the cause of 
Friday's incidents and how such incidents can be pre- 
vented from happening in the future. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING THE CITY TO ACCEPT 
AND EXPEND A GRANT OF $295,960 MASS- 
ACHUSETTS CULTURAL COUNCIL 
(DOCKET NO. 0334) 

The following was received: 

City of Boston 
Office of the Ma^ or 

February 2S, :()0: 
To tlie City Council. 



136 



CITY COUNCIL 



Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston to accept and expend the 
Massachusetts Cultural Council Matching Incentive 
Grant in an amount not to exceed $295,960. 

I urge your Honorable Body to pass this order at its 
earliest convenience so that the Office of Cultural 
Affairs may use these funds for the purpose for which 
they were awarded. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the City 
of Boston, be and hereby is authorized to accept and 
expend a Grant of $295,960, pursuant to G.L., Chapter 
44 Section 5 3 A, from the Massachusetts Cultural 
Council, to be expended by the Office of Cultural 
Affairs. 

The report was accepted; the order was passed. 



body. 



LATE FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

(DOCKET NO. 0693) 

Councilors Hennigan, Honan, Feeney and Yancey 
offered the following: 

Order for hearing to address the policy providing ade- 
quate security for City Hall. 

Referred to the Committee on Public Safety. 



(DOCKET NO. 0694) 
Councillor Yancey offered the following: 

Be It Ordered that the appropriate committee of the 
Boston City Council convene hearings to determine 
Compliance with the Minority and Women Business 
Enterprise Ordinance, the Boston Residents Jobs Policy, 
the Affirmative Action Officer Ordinance and all related 
Civil and Human Rights Ordinances. 

Be It further Ordered that all appropriate City of 
Boston Depailment heads, compliance officers, person- 
nel officers. Human Resource Director, Executive 
Director of the MWBE Office and the public be invited 
to testify. 

Referred to the Committee on Civil Rights. 



RECESS 

On motion of President Flaherty the Council voted to 
recess at 1:20 p.m. Recess. 

The members reassembled in the Council Chamber 
and were called to order by President Flaherty at 2:15 
p.m. 



(DOCKET NO. 0534) 

Councilor Turner called Docket #0534, resolution 
asking that the City not allow any monies or funds, 
including funds held under the provisions of the Boston 
Retirement Fund, to remain invested or to be invested in 
the future, in stocks, securities or other business obliga- 
tions of Household International or in mutual funds 
which are major shareholders in the Company, from the 
Committee on Financial Services and Community 
Investment. 

No objection being heard, the matter was before the 



CONSENT AGENDA 



The Chair moved adoption of the Consent Agenda 
containing the following matters: 

Councilor Tobin offered a Resolution congratulating 
Daniel G. Hechavarria (Docket No. 0676). 

Councilor Feeney offered a Resolution recognizing 
the 1 00th Anniversary of the Boston Chapter Knights of 
Columbus (Docket No. 0677). 

Councilor Flaherty offered a Resolution congratulat- 
ing Joyce G. Shufro. (Docket No. 0678); Resolution con- 
gratulating Jeremiah F. Ready (Docket No. 0679); 
Resolution congratulating Ellen B. O'Brien (Docket No. 
0680). 

Councilor Murphy offered a Resolution congratulat- 
ing Mary Kowalski. (Docket No. 0681); Resolution 
congratulating Robert A. Jordan (Docket No. 0682). 

Councilor Hennigan offered a Resolution congratu- 
lating the Most Reverend Bishop John Adel Elya, 
Eparch. (Docket No. 0683); Resolution congratulating 
Donald Pottle (Docket No. 0684). 

Councilor Feeney offered a Resolution congratulating 
Caitlin M. Losi. (Docket No. 0685); Resolution con- 
gratulating Frankie Forde Waldron (Docket No. 0686). 

Councilor Yancey offered a Resolution congratulat- 
ing Guyana Friends Association (Docket No. 0687); 
Resolution congratulating Reverend John Bridges 
(Docket No. 0688). 

Councilor Tobin offered a Resolution congratulating 
Blanca and Josefina Bonilla (Docket No. 0689). 

Councilor Ross offered a Resolution congratulating 
Howard Leibowitz on his 50th birthday (Docket No. 
0690). 

Councilors Yancey and Turner offered a Resolution in 
honor of Malcolm X (Docket No. 0691). 

Councilor Yancey offered a Resolution congratulat- 
ing Fred Dudu of Freddie J Cleaners (Docket No. 0692). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President Flaherty moved that when the Council 
adjourns today, we do so in memory of Evelyn 
O'Donnell, to meet again on Wednesday, June 5, 2002 at 
12:30 p.m. 

The motion was carried. 



Adjourned at 3:30 p.m., on motion of President 
Flaherty, in memory of Evelyn O'Donnell, to meet again 
on Wednesday, June 5, 2002 at 12:30 p.m. 



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



) 



? 



f 



CITY COUNCIL 



137 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, June 5, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
1:40 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Rosaria Salerno, City Clerk, delivered the invocation 
and the meeting was opened with the pledge of alle- 
giance to the flag. 



PRESENTATION BY COUNCILOR TURNER 

Councilor TURNER presented resolutions to the 
principal and staff of the Mason School in District 7 for 
their high scores on the MCAS tests this year congratu- 
lating the school on their diversity, and even though 
their location is in an industrial district, their continua- 
tion of maintaining excellence in education. 



ORDER APPROVING THE FINAL REPORT BY THE 
WASHINGTON STREET IMPROVEMENT 
COMMITTEE RECOMMENDING THE CRE- 
ATION OF A BUSINESS IMPROVEMENT 
DISTRICT (BID) WITHIN A DEFINED AREA 
OF WASHINGTON STREET CORRIDOR BY 
PROPERTY OWNERS PURSUANT TO A 
PETITION TO THE GENERAL COURT ENTI- 
TLED AN ACT AUTHORIZING THE 
CREATION OF A WASHINGTON STREET 
IMPROVEMENT DISTRICT. (DOCKET NO. 
0695) 

The following was received: 

City of Boston 
Office of the Mayor 

May 21,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a final report 
published by the Washington Street Improvement 
Committee, as updated by recent changes and additions 
("Final Report"). This Final Report recommends the 
creation of a business improvement district ("BID") 
within a defined area of the Washington Street corridor 
by property owners pursuant to a petition to the General 
Court entitled "An Act Authorizing the Creation of a 
Washington Street Improvement District", which I have 
transmitted to you today for your approval. 

The Final Report describes the proposed BID and sets 
forth the revitalization strategy for the district, the antic- 
ipated services, programs and improvements, and a pro- 
posed budget and special assessment formula. This 
Final Report, if approved by you, will serve as the basis 
for an Improvement Plan to be submitted to property 
owners for approval in connection with the establish- 
ment of the propo.sed BID. No BID will be established 
unless approved by property owners as provided in the 
Act. 

BIDs have been established in cities throughout the 
United States and have been successful in improving 
and revitalizing downtown urban areas. 

I urge your Honorable Body to join me in ensuring 
Boston's economic health and sustained growlh by 
approving this Final Report at the earliest possible date. 
Sincerely, 



Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the final report of the Washington 
Street Improvement Committee, entitled "Update to 
Final Report (July 1998)", dated May 21, 2002, be, and 
the same hereby is approved. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER APPROVING A PETITION FOR A SPECIAL 
LAW RE: AN ACT AUTHORIZING THE 
CREATION OF A WASHINGTON STREET 
IMPROVEMENT DISTRICT (DOCKET NO. 
0696) 

The following was received: 

City of Boston 
Office of the Mayor 

May 21,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a petition to the 
General Court entitled "An Act Authorizing the 
Creation of a Washington Street Improvement District." 

This Act would authorize property owners to estab- 
lish a business improvement district ("BID") within a 
defined area of the Washington Street conidor, and the 
collection of special assessments to be used for the ser- 
vices, programs and improvements to be provided by 
the BID. These services, programs and improvements 
would be provided in addition to, and not in place of, 
existing City services, programs and improvements in 
the district. Residential properties, small condominium 
units, and properties owned by tax exempt organizations 
would be exempt from the payment of special assess- 
ments. No BID will be established unless approved by 
property owners as provided in the Act. 

BIDs have been established in cities throughout the 
United States and have been successful in improving 
and revitalizing downtown urban areas. 

I urge your Honorable Body to join me in ensuring 
Boston's economic health and sustained growth by 
approving this petition to the General Court at the earli- 
est possible date. 

Sincerely, 

Thomas M. Menino, 
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 ( I ) 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 
precisely as follows, except for clerical or editorial 
changes of form only: 

Section 1 . Notwithstanding the provisions of any 
other general or special law to the contrary, including 
without limitation the provisions of chapter forty O of 
the General Laws, it is hereby found and declared (a) 
that the economic growth and activity of ihe Washington 
street corridor and surrounding areas of the central busi- 
ness district of the city of Boston ;ue critical to attract- 
ing and retaining businesses, investments, institutions, 
residents and tourists in and to these areas of the city of 
Boston, which create a unique need for services, pro- 
grams and impro\ements supplemental lo those pro- 
vided by the city of Boston; (h) thai supplementing tra- 
ditional sources ol public lunding and regulators 
process will benefit the Washington street corridor and 
surroundiim areas of the central business district o\ the 



138 



CITY COUNCIL 



city of Boston; (c) that the unique needs of the 
Washington street corridor and surrounding areas of the 
central business district of the city of Boston are best 
addressed by the rights and powers of a business 
improvement district organized pursuant to the provi- 
sions of this act; (d) that the rights and powers of a busi- 
ness improvement district organized pursuant to the pro- 
visions of chapter forty O of the General Laws are not 
adequate or effective to address the unique needs of the 
Washington street corridor and surrounding areas of the 
central business district of the city of Boston; and (e) 
that a Washington street business improvement district, 
organized pursuant to the provisions of this act and fur- 
thering a special limited public purpose of promoting 
and improving economic activity and the attractiveness, 
cleanliness and safety of these areas of the city of 
Boston, financed by special assessments paid by owners 
of real property benefited by those services, programs 
and improvements, can adequately meet the unique 
needs of the Washington street corridor and surrounding 
areas of the central business district of the city of 
Boston. 

It is further found and declared that the organization 
of a Washington street business improvement district, 
the delegation of certain management, maintenance and 
revitalization functions to that business improvement 
district subject to the provisions of this act, and the 
assessment and collection of reasonable and propor- 
tional special assessments and the expenditure of these 
and other funds to support the initiatives of that business 
improvement district, furthers important public pur- 
poses, concerns the public welfare and is in the public 
interest. 

Section 2 . As used in this act, the following words 
and terms shall have the following meanings unless the 
context clearly indicates another or different meaning or 
intent: 

(a) "Base level of city services", the level and quality 
of basic city services to be provided by the city in the 
district as defined by the cooperation agreement. 

(b) "Basic city services", the types and categories of 
services and improvements to be provided by the city in 
the district as defined by the cooperation agreement. 

(c) "BID", the Washington street business improve- 
ment district established by the owners pursuant to this 
act. 

(d) "BID corporation", the corporation described in 
the improvement plan and established to initiate, facili- 
tate, operate and manage the BID. 

(e) "City", the city of Boston. 

(f) "City assessor", the assessor of the city. 

(g) "City clerk", the clerk of the city. 

(h) "City council", the city council of the city. 

(i) "Collector-treasurer", the collector-treasurer of the 
city. 

(j) "Cooperation agreement", the agreement between 
the city and the BID corporation which provides for the 
performance of basic city services at the base level of 
city services, the collection and expenditure of special 
assessments, and such other areas of cooperation as 
desired by the parties, as amended, restated or replaced 
from time to time. 

(k) "District", the area of land and improvements 
thereon located in the city and bounded approximately 
as follows: beginning on the southerly corner of the 
intersection of School street and Tremont street, then 
south on Tremont street to Boylston street, then west on 
Boylston street to Boylston place, then south partially 
on Boylston place and then in a straight line to Stuart 
street, then east on Stuart street to Tremont street, then 
south on Tremont street to Oak street, then east along 
Oak street to Washington street, then north on 
Washington street to Essex street, then east on Essex 
street to Lincoln street, then north on Lincoln street to 
Summer street, then across Summer street to 
Devonshire street, then north on Devonshire street to 
Court street, then west on Court street to Court square, 
then south partially on Court square and then in a 



straight line to School street, and west on School street 
to Tremont street, as further defined and depicted in the 
improvement plan. 

(1) "Fiscal year", the fiscal year of the BID corpora- 
tion, or any partial fiscal year. 

(m) "Improvement plan", the strategic plan for the 
BID approved by the owners in establishing the BID, 
based on the final BID report approved by the city coun- 
cil, which sets forth the revitalization strategy for the 
district; the anticipated services, programs and improve- 
ments; and a proposed budget and special assessment 
formula for the BID, among other provisions, as revised 
and amended from time to time by the BID corporation 
and approved by the members; provided, however, that 
the improvement plan shall not result in a reduction by 
the city of the basic city services or the base level of city 
services in the district or the public employment levels 
related to such services. 

(n) "Member", an owner who participates in the BID 
as a member of the BID corporation in good standing by 
the payment of special assessments or payments in lieu 
of special assessments. 

(o) "Owner", the record owner of a parcel, subparcel 
or unit who either is required to make special assess- 
ment payments under this act or agrees in writing with 
the BID corporation to make payments in lieu of special 
assessments, but not including the city or any govern- 
mental organization or authority of the city or the com- 
monwealth. 

(p) "Parcel", any contiguous defined area of real 
property held by an owner and located within, partially 
within, or immediately adjacent to but otherwise outside 
of a boundary of the district, but not a subparcel or a unit 
unless the context clearly requires otherwise. 

(q) "Special assessment", an annual charge or portion 
thereof imposed by the BID corporation on each parcel, 
subparcel or unit. 

(r) "Subparcel", a defined interest in a parcel held by 
an owner which is subject to separate assessment and 
taxation under chapter fifty-nine of the General Laws, 
but not a unit. 

(s) "Supplemental city services", those services and 
improvements, in addition to basic city services, pro- 
vided by the city in the district pursuant to the coopera- 
tion agreement. 

(t) "Unit", a unit held by an owner in a condominium 
created pursuant to the provisions of chapter one hun- 
dred eighty-three A of the General Laws. 

Section 3 . The owners are authorized to establish the 
BID for the purpose of implementing the improvement 
plan for the district, subject to the terms of this act, the 
improvement plan, and the cooperation agreement. The 
BID corporation shall have all the rights and powers 
provided under this act, those rights and powers of cor- 
porations organized under chapter one hundred eighty 
of the General Laws, and all other rights and powers 
necessary or convenient to carry out the goals, objec- 
tives and activities of the BID; provided, however, that 
the BID corporation shall not have any rights or powers 
to perform those public law enforcement or policing 
functions performed by law enforcement authorities in 
the district. 

The BID shall be established only upon the approval 
of owners during a sixty-day petition period in accor- 
dance with the following requirements. The BID corpo- 
ration shall give notice of the sixty-day petition period 
by mailing a notice to each owner of a parcel, subparcel 
or unit comprising the proposed district at the address of 
such owner in the records of the city assessor at least 
thirty days prior to the commencement of such petition 
period, and by publication of a notice of such petition 
period in at least one newspaper having general circula- 
tion within the proposed district at least fourteen days 
prior to the commencement of such petition period. 
Such notice shall specify at a minimum the proposed 
district boundaries, the proposed special assessment for- 
mula, a summary of the scope of the improvement plan, 
the process for approving or disapproving the proposed 



JUNE 5, 2002 



139 



petition, tlie dates of the petition period, and where addi- 
tional information concerning the BID may be obtained; 
provided, however, that the form of notice to be pub- 
lished in the newspaper may be a reasonable summary 
thereof. Such notice shall also contain a statement 
describing how to obtain the standard form of petition 
prepared by the BID on which the owners may support 
or oppose the establishment of the BID. The sixty-day 
petition period may be extended by the BID corporation 
upon the mailing of a notice for such purposes to each 
owner of a parcel, subparcel or unit comprising the pro- 
posed district and by publication of a notice in at least 
one newspaper having general circulation within the 
proposed district. 

The BID shall be established only upon the filing of 
one or more petitions with the city clerk supporting the 
establishment of the district which have been approved 
during the petition period by those owners representing 

(a) seventy-five percent or more of the total number of 
such owners who have approved petitions to support or 
oppose the establishment of the BID as of such date, and 

(b) fifty-one per cent of the assessed valuation of those 
parcels comprising the proposed district. The assessed 
valuation of each parcel located immediately adjacent to 
but otherwise outside of a boundary of the district shall 
be adjusted solely for the purpose of such petition so as 
to be equal to the product of the assessed valuation of 
the parcel and the percentage of the total portion of the 
perimeter of that parcel immediately adjacent to any 
boundary of the district. All such petitions must be filed 
with the city clerk no later than the day following the 
end of the petition period. 

No BID shall be established if one or more petitions 
opposing the establishment of the district, approved dur- 
ing the petition period by those owners representing 
more than twenty-five per cent of the total number of 
such owners who have approved petitions to support or 
oppose the establishment of the BID as of such date, are 
filed with the city clerk no later than the day following 
the end of the petition period. 

Following the petition period and if the BID is 
approved by the owners, the BID corporation shall mail 
a notice of the organization of the BID to each owner 
within thirty days after the petition period. Copies of the 
petitions supporting the establishment of the BID shall 
be filed by the BID corporation with the director of the 
Massachusetts department of housing and community 
development within thirty days after the petition period. 
For the purposes of this act, approvals of any petition 
other than a petition made pursuant to section nine of 
this act shall be recorded on standard forms prepared by 
the BID corporation for such purposes. 

The BID corporation may rely on the records of the 
city assessor and any other reasonable public records to 
identify all parcels, subparcels and units, and owners 
thereof, for the purposes of establishing the require- 
ments for each petition and for any notice made under 
this act. Only those owners of record on the date of the 
first notice by mail of the initial sixty-day petition 
period may approve petitions supporting or opposing 
the establishment of the district. No owner exempt from 
the payment of special assessments by the terms of this 
act shall be counted for the purposes of establishing the 
requirements for any petition or approval made under 
this act unless the BID corporation executes an agree- 
ment with such owner providing for payments in lieu of 
special assessments as provided in section seven. 

Section 4 . Except as otherwise provided in this act, 
the BID and the BID corporation shall comply with all 
general and special laws and regulations applicable to 
the transactions authorized by this act, the activities of 
the BID corporation and the use of its funds. 

Section 5. The BID corporation shall prepare annu- 
ally and deliver to the city clerk and the director of the 
Massachusetts department of housing and comnuinily 
development within sixty days of the end of each fiscal 
year a report describing the activities of the BID during 
the immediately preceding fiscal year and the antici- 



pated activities during the then current fiscal year, along 
with the estimated budget for the BID for the then cur- 
rent fiscal year. 

Section 6 . The BID corporation shall manage the 
affairs of the BID and the implementation of the 
improvement plan for the benefit of the members sub- 
ject to the provisions of this act, the improvement plan 
and the cooperation agreement. 

The BID corporation shall be managed by a board 
consisting of no less than eleven directors. The majority 
of the directors shall be members. Each of the following 
ownership, use or management interests shall be repre- 
sented by one or more directors: large commercial prop- 
erty, small commercial property, hotel, commercial ten- 
ant, large retail, small retail, commercial condominium, 
tax-exempt non-profit, community-based organization 
and resident. Of the original directors elected, no less 
than three shall be elected for a term of one year, no less 
than three shall be elected for a term of two years, and 
the balance of the directors elected shall be elected for a 
term of three years. All terms of directors thereafter 
shall be for three years. 

Each member shall be entitled to vote on the election 
of directors of the BID corporation, and to vote on all 
other matters subject to the approval of the members as 
provided in this act, the improvement plan, and the arti- 
cles of organization and bylaws of the BID corporation, 
from and after the organization of the BID. Each mem- 
ber may designate a natural person to vote by proxy on 
all matters for that member by filing a statement of des- 
ignation with the BID corporation. Any designadon 
shall remain in effect until withdrawn by that member or 
until a new designation is made by the filing of a sub- 
stitute statement by that member. Each member shall 
have the right to cast a single vote for each parcel, sub- 
parcel and unit owned by that member. 

The implementation of the improvement plan and the 
other activities of the BID corporation shall be sup- 
ported through special assessments collected by the col- 
lector-treasurer on behalf of the BID pursuant to section 
seven. The BID corporation hereby is authorized to 
receive and expend all special assessments, grants, 
donations, contributions, contractual or voluntary pay- 
ments or gifts made to the BID for such purposes. 

In no event shall the BID corporation have any rights 
or powers to enter into an obligation which by its terms 
would extend beyond the termination of the BID under 
this act. 

Section 7 . The city assessor and collector-treasurer 
are authorized to assess and collect the special assess- 
ments pursuant to the provisions of this act and other 
requirements of law applicable to the assessment and 
collecfion of special assessments. The BID corporation 
hereby is authorized to establish, receive and expend 
special assessments for the purposes described in the 
improvement plan without further appropriation, 
notwithstanding the provisions of section fifty-three of 
chapter forty-four of the General Laws. Amounts col- 
lected by the collector-treasurer for such purposes shall 
not constitute general fund revenues of the city. Special 
as.sessments shall not constitute ad valorem taxes for the 
purposes of any limit established by section twenty-one 
C of chapter fifty-nine of the General Laws, as 
amended, and the collector-treasurer shall have no 
authority or obligation under this act to assess and col- 
lect any special assessments for the purposes established 
by this act to the extent such assessments constitute such 
ad valorem taxes. 

The special assessment for each parcel shall represent 
the proportional cost of the services, programs and 
improvements provided or to be provided in the district 
by or on behalf of the BID coiporation attributable to 
that parcel, provided that the aggregate amount of spe- 
cial assessments estabiislied and collected in ainone fi.s- 
cal yciu' shall not exceed one-half ol oik- per cent of the 
sum of the assessed valuation ol the parcels in the dis- 
trict. 



140 



CITY COUNCIL 



The BID coiporation shall determine special assess- 
ments for all parcels as follows. The BID corporation 
shall identify the services, programs and improvements 
provided or to be provided and the budgeted costs 
thereof. Using information available from the records of 
the city and other data as necessary or desirable, the BID 
corporation shall identify the square foot area of each 
parcel and the aggregate gross floor areas of all struc- 
tures located on each parcel. The BID corporation shall 
allocate seventy-five per cent of such costs to the aggre- 
gate square foot areas of all parcels and twenty-five per 
cent of such costs to the aggregate gross floor areas of 
all structures located on the parcels. The special assess- 
ment for each parcel shall be determined based on such 
allocation using the square foot area of each parcel and 
the aggregate gross floor areas of all structures located 
on such parcel. In no event shall the special assessment 
for any parcel located within or partially within the dis- 
trict exceed an amount equal to the sum of (a) the prod- 
uct of the square foot area of the parcel and ninety-nine 
cents, and (b) the product of the aggregate gross floor 
areas of all structures located on the parcel and seven 
cents, as adjusted from year to year for any increase 
based on the national income and product accounts table 
for expenditures and gross investment of state and local 
governments published by the bureau of economic 
analysis or its equivalent; provided, however, that the 
special assessment for any parcel located immediately 
adjacent to but otherwise outside of any boundary of the 
district shall not exceed an amount equal to the product 
of (y) the special assessment for that parcel calculated as 
if the parcel is located within the district, and (z) the per- 
centage of the total portion of the perimeter of that par- 
cel located immediately adjacent to a boundary of the 
district. Owners of parcels located immediately adjacent 
to but otherwise outside a boundary of the district shall 
have the same rights and obligations provided under this 
act as apply to owners of parcels located within or par- 
tially within the district. 

The special assessment for a parcel subject to the pro- 
visions of chapter one hundred eighty-three A of the 
General Laws shall be assessed to each unit in an 
amount equal to the percentage, set forth in the master 
deed on record, of the undivided interest of each unit in 
the common areas and facilities of the condominium, or 
as otherwise provided or permitted by the master deed. 
The special assessment for a parcel containing one or 
more subparcels shall be assessed to each such subpar- 
cel on an equitable pro rata basis. 

Each parcel, subparcel or unit shall be subject to the 
payment of special assessments except to the extent 
such parcel, subparcel or unit (i) is exempt from taxa- 
tion pursuant to section five of chapter fifty-nine of the 
General Laws, or (ii) is used and classified as residential 
real property by the city assessor pursuant to chapter 
fifty-nine of the General Laws. Notwithstanding any 
other provision of this act, any unit having a gross floor 
area of one thousand square feet or less shall be exempt 
from the payment of special assessments under this act. 
Each parcel, subparcel or unit owned by a corporation 
organized pursuant to the provisions of chapter one hun- 
dred twenty-one A of the General Laws, as amended, 
and chapter six hundred fifty-two of the acts of nineteen 
hundred and sixty, as amended, shall be subject to the 
payment of special assessments for the purposes of this 
act only notwithstanding the provisions of sections six A 
and ten of said chapter one hundred twenty-one A. The 
BID corporation hereby is authorized to execute agree- 
ments with the owners of parcels, subparcels or units 
exempt from the payment of special assessments pro- 
viding for payments in lieu of special assessments. Any 
paYment in lieu of a special assessment shall constitute 
a payment of a special assessment for the purposes of 
this act. 

The BID corporation shall use the special assess- 
ments and any other funds disbursed by the city to the 
BID solely in accordance with and for the purposes per- 
mitted by this act, the improvement plan and the coop- 



eration agreement. 

Section 8 . The BID corporation shall determine the 
amount of the special assessments for each fiscal year or 
portion thereof and certify the same to the city assessor. 
The BID corporation shall be solely responsible for the 
determination of the amount of the special assessments. 
Special assessments may be assessed and collected in 
annual, semi-annual or quarterly installments as agreed 
to by the collector-treasurer and the BID corporation 
and as provided herein. The collector-treasurer is autho- 
rized to prepare and mail separate special assessment 
invoices for each installment of a special assessment 
determined and certified by the BID corporation or add 
such installments to invoices for preliminary and actual 
taxes. 

Each owner shall remit the installment of special 
assessment then due in accordance with the require- 
ments of law for special assessments and similar 
charges. The collector treasurer is authorized to collect 
such installments of special assessments on behalf of the 
BID in accordance with the provisions of section fifty- 
seven C of chapter fifty-nine, as amended, applicable to 
the collection of special assessments. Installments of 
special assessments under this act not timely paid in 
accordance with the requirements of law shall be subject 
to the payment of interest as provided in section fifty- 
seven C of chapter fifty-nine, as amended. Special 
assessments shall be established and collected for any 
partial fiscal year on a pro rata basis. 

The collector-treasurer shall hold all special assess- 
ments and any interest paid thereon in an account segre- 
gated from all other accounts maintained by the city 
until paid over to the BID corporation. Not later than 
thirty days after the date by which each installment of 
the special assessment is due, the collector-treasurer 
shall pay over to the BID corporation the amount equal 
to the aggregate of all installments of special assess- 
ments collected and any interest or other charges paid 
thereon for such immediately preceding period. Upon 
each such payment of installments of special assess- 
ments to the BID corporation, the collector-treasurer 
shall certify to the BID corporation as to (a) the amount 
of each installment of the special assessment collected 
for each parcel, along with any interest paid on delin- 
quent payments, for that period, (b) the installments of 
special assessments then invoiced and outstanding or 
delinquent, and (c) the status of any other information 
concerning the special assessments reasonably 
requested by the BID corporation. The BID corporation 
may request the collector-treasurer to satisfactorily 
account for any special assessments received. 

The collector-treasurer may require the BID corpora- 
tion to reimburse the city for the costs of the assessment 
and collection of special assessments. Such costs shall 
be paid on an installment basis consistent with the 
assessment and collection of special assessments and, if 
not paid within thirty days after receipt of an invoice 
therefore by the BID, may be offset against special 
assessments collected by the collector-treasurer. 

The collector-treasurer hereby is authorized to pay 
over to the BID corporation all amounts provided for in 
this section without further appropriation notwithstand- 
ing the provisions of section fifty-three of chapter forty- 
four of the General Laws. 

Within one hundred twenty days after the end of each 
fiscal year, the BID corporation shall furnish to the city 
clerk and the director of the Massachusetts department 
of housing and community development certified 
annual financial statements setting forth the amount of 
revenues received and the amount of operating expenses 
paid for the immediately preceding fiscal year 

Section 9 . Special assessments, and all interest and 
other charges thereon, shall constitute a lien upon 
parcels, subparcels and units upon the date due and shall 
be continued and enforced in the manner provided in 
section thirty-seven of chapter sixty of the General 
Laws; shall appear on any certificate provided under 
section twenty-three of chapter sixty of the General 



JUNE 5, 2002 



141 



Laws; and shall have priority over all other liens other 
than those imposed by governmental authority. A lien 
under this section shall be enforced by the city in the 
same manner as liens arising under said section thirty- 
seven of chapter sixty of the General Laws. 

The BID corporation hereby is authorized to hear any 
petition for the adjustment of a special assessment made 
by an owner. Any owner of a parcel, subparcel or unit 
upon which a special assessment has been made may, 
within thirty days of such notice of the first installment 
of such special assessment, pay such installment and file 
with the BID corporation a petition to adjust such spe- 
cial assessment. The BID corporation shall grant such 
petition for adjustment in the event such special assess- 
ment was determined incorrectly by the BID corpora- 
tion or where the parcel, subparcel or unit is determined 
not to be subject to the payment of special assessments 
pursuant to section seven of this act. Such petition may 
be filed in person with the BID corporation or delivered 
by certified mail to the offices of the BID corporation, 
return receipt requested. The BID corporation shall 
within ten days after its decision upon the petition give 
written notice thereof to the petitioner and to the collec- 
tor-treasurer. If the special assessment is adjusted by the 
BID corporation the special assessment so determined 
shall stand as the special assessment upon the parcel, 
subparcel or unit, and the owner by whom it was paid 
shall receive a credit towards the next installment due in 
an amount equal to the difference between the original 
special assessment and the special assessment as 
adjusted, or if no next installment is due, shall receive a 
refund of such amount, with interest at the rate of six per 
cent per annum from the time of payment. 

An owner aggrieved by the refusal of the BID corpo- 
ration to adjust a special assessment in whole or part 
may appeal within thirty days after notice of its decision 
by filing a petition for the adjustment of such special 
assessment in the superior court for Suffolk county, 
which court shall have exclusive jurisdiction thereof. 

Section 10 . The BID shall terminate on the date 
which is five years following the date the BUD is estab- 
lished by the owners pursuant to section three, unless 
reauthorized by the filing of one or more new petitions 
by the owners, with the approval of the city council, 
complying with the provisions for approval by owners 
described in section three of the act on such terms as 
provided in the petition. In the event the BID is termi- 
nated under the provisions of this act, the BID corpora- 
tion shall continue its operations only for so long as is 
reasonably necessary to conclude its operations, and to 
satisfy in full all of its outstanding indebtedness and 
other obligations and liabilities. All remaining special 
assessments paid and not needed to satisfy such indebt- 
edness, other obligations and liabilities, and reserves 
established for uncertain obligations and liabilities, shall 
be refunded to the owners in accordance with the pro- 
portionate share of special assessments paid by each 
parcel, subparcel or unit for the immediately preceding 
period for which special assessments have been paid. 

Section 11 . Neither the BID nor the BID corporation 
shall constitute a public instrumentality or an agent of 
the commonwealth or the city, and shall not be subject 
to the requirements applicable thereto, for the purposes 
' of the transactions authorized by this act, the activities 
of the BID corporation and the use of its funds for any 
authorized purpose from whatever source derived. The 
assessment and collection of special assessments on 
behalf of the BID, the provision of basic city services 
and supplemental city services, and the other transac- 
tions or activities authorized by this act shall not consti- 
tute assistance by the city or services by the BID corpo- 
ration or the members to or for the city for the purposes 
of any city t)rdinance or regulation. Any liabilities, 
either current or future, incurred as a result of action to 
accomplish the purposes of the BID or the implementa- 
tion of the improvement plan shall not be obligations of 
the city, but said liabilities shall be paid entirely from 
the assets of the BID corporation. 



The provisions of this act shall be deemed to provide 
an exclusive, additional, alternative and complete 
method of accomplishing the actions authorized hereby 
and shall be deemed and construed to be supplemental 
and additional to, and not in derogation of powers con- 
ferred by law; provided, however, that insofar as the 
provisions of this act are inconsistent with the provi- 
sions of any general or special law, administrative order 
or regulation or any limitation imposed by a corporate 
or municipal charter, the provisions of this act shall be 
controlling. 

This act, being necessary for the welfare of the com- 
monwealth, the city and its inhabitants, shall be liberally 
construed to effect the purposes hereof. This act shall 
take effect upon its passage. 

The provisions of this act are severable, and if any 
provision, sentence, clause, section or part is held ille- 
gal, invalid, unconstitutional or inapplicable to any per- 
son or circumstance, such illegality, invalidity, uncon- 
stitutionality or inapplicability shall not affect or impair 
any other remaining provisions, sentences, clauses, sec- 
tions or parts of the act or their application to any other 
person or circumstance. 

Referred to the Committee on Government 
Operations. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
GRANT OF $74,137.81 FROM THE 
MASSACHUSETTS OFFICE OF THE 
ATTORNEY GENERAL. FOR THE PURPOSE 
OF A TRUANCY PREVENTION PROGRAM 
(DOCKET NO. 0697) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council 
Dear Councillors: 



May 28, 2002 



I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend a grant in 
the amount of $74,137.81 from the Massachusetts 
Office of the Attorney General. This award is made for 
the purpose of a truancy prevention program as well as 
a Vietnamese community relations specialist to provide 
outreach to the Vietnamese Community in Dorchester as 
a part of the Dorchester Safe Neighborhood Initiative. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, The Massachusetts Office of the 
Attorney General has authorized the issuance of funds 
to the Boston Police Department; and 

WHEREAS. The funds in the amount of $74,137.81 
will be utilized by the Boston Police Department for the 
Dorchester Safe Neighborhood Initiative for a truancy 
prevention program as well as to provide education and 
services to the Vietnamese Community's victims of 
crime in Dorchester; now, therefore be it 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized 
to accept the Massachusetts Office of the .\ttomey 
General award not to exceed the amount of $74,137.81. 

Referred to the Committee on Public Safety 



TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION I7F RE: BOSTON 



142 



CITY COUNCIL 



REDEVELOPMENT AUTHORITY, PASSED 
BY THE CITY COUNCIL MAY 8, 2002, 
DOCKET NO. 0608 (DOCKET NO. 0698) 

The following was received: 

City of Boston 
Office of the Mayor 

May 20, 2002 
To the City Council. 
Dear Councillors: 

Relative to Section 17F request passed by your 
Honorable Body on May 8, 2002 re: The Boston 
Redevelopment Authority, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 
Placed on file. 



MESSAGE TRANSMITTING CERTAIN INFORMA- 
TION FROM THE POLICE DEPARTMENT RE: 
CRIME STATISTICS FOR THE PERIOD OF 
APRIL 1, 2002, THROUGH APRIL 30, 2002 
(DOCKET NO. 0699) 

The following was received: 

City of Boston 
Office of the Mayor 

May 20, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing April 1, 2002 and ending 
April 30, 2002. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 
Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0700) 

Notice was received from the Mayor of his absence 
from the City on May 23, 2002. 
Placed on file. 



Executive Office of Environmental Affairs 

Attn: MEP A Office 251 Causeway Street, Suite 900 

Boston, MA 021 14 

Re: Chardon Realty Trust I Temporary Harborwalk- 
Lovejoy Wharf Environmental Notification Form 
Submission 

Dear Secretary Durand: 

Enclosed please find two copies, and an extra copy of 
the first three pages, of an application for MEPA review 
of the "Temporary Harborwalk-Lovejoy Wharf." This 
project concerns a c. 91 license, and calls for construc- 
tion of an interim harborwalk on Chardon Realty Trust 
property at 160 North Washington Street, next to the 
Charlestown Bridge in the North End, over an existing 
timber pier structure on Boston Harbor. The harborwalk 
will connect to a structure to be built by the 
Metropolitan District Commission. 

I also enclose three copies of the plans for the job; 
these plans include a USGS map, so that item is not 
included separately, and a list of persons and agencies to 
whom this application has been sent. 
Sincerely yours, 

David Hobbie 

Placed on file. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 0703) 

The Constable's Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 



Thomas M. Brown 
James L. Dolliver 
Henderson T. Headley 



Luis M. Cruz 
Jason R. Grant 
John W. Taylor 



APPROVAL OF CONSTABLE'S BONDS 

OF HOUSING INSPECTORS 

(DOCKET NO. 0704) 

The Constable's Bonds of Housing Inspectors, having 
been duly approved by the Collector-Treasurer were 
received and approved. ' 



NOTICE WAS RECEIVED FROM THE 
DEPARTMENT OF TELECOMMUNICATION 
AND ENERGY OF A HEARING ON JUNE II, 
2002 RE: PETITION OF KEYSPAN ENERGY 
DELIVERY NEW ENGLAND FOR 
APPROVAL OF ITS DEMAND-SIDE MAN- 
AGEMENT PROGRAM (DOCKET NO. 0701 ) 



COMMUNICATION WAS RECEIVED FROM 
DONNA M. MUELLER, EXECUTIVE 
OFFICER, RETIREMENT BOARD, RE: 
CERTIFICATION AND TRANSMITTAL OF 
RETIREMENT BOARD FY2003 BUDGET 
(DOCKET NO. 0705) 

The following was received: 



Notice was received of Public Hearing of the 
Department of Telecommunications and Energy dated 
May 21, 2002 regarding the Petition of Key Span Energy 
Delivery New England for Approval of its Demand-Side 
Management Program for the five-year period May I, 
2002 through April 2007. 

Placed on file. 



COMMUNICATION WAS RECEIVED FROM 
DAVID HOBBIE, BINGHAM DANA RE: 
CHARDON REALTY TRUST / TEMPORARY 
HARBORWALK-LOVEJOY WHARF 

ENVIRONMENTAL NOTIFICATION FORM 
SUBMISSION (DOCKET NO. 0702) 

May 24, 2002 

Secretary Robert Durand 



RETIREMENT BOARD 

May 30, 2002 

RE: Certification and Transmittal to City Council of 
Boston Retirement Board FY2003 Budget 

Pursuant to G.L. c.32 §22(5), the Boston Retirement 
Board hereby files with the Boston City Council, the 
Board's operating budget for fiscal year 2003. The 
Retirement Board budget is funded solely from its 
investment earnings, receiving no City appropriations. 
As in previous years, I am available at the Council's 
convenience to meet and discuss any questions or con- 
cerns regarding the submitted budget. 

As Executive Officer of the Boston Retirement 
Board, I hereby certify that on May 28, 2002, the Boston 
Retirement Board, at a duly convened meeting, properly 
noticed at which a quorum of members was present, on 
Motion duly made and seconded, unanimously adopted 



JUNE 5, 2002 



143 



.) 



the attached Fiscal Year 2003 Operating Budget. 
Placed on file. 



COMMUNICATION WAS RECEIVED FROM 
SALLY D. GLORA, AUDITOR, TRANSMIT- 
TING THE CITY'S FISCAL-2001 AUDITOR'S 
REPORT ON INTERNAL CONTROL FOR THE 
CITY (DOCKET NO. 0706) 

AUDITING DEPARTMENT 

May 28, 2002 
Dear Ms. Salerno: 

Pursuant to Massachusetts General Laws Section 40 
of Chapter 44, I am forwarding the City of Boston's 
Fiscal 2001 Auditor's Report on Internal Control for the 
City of Boston, Massachusetts for Fiscal 2001 for your 
records. 

Sincerely, 

Sally D. Glora, 
City Auditor. 
Placed on file. 



ORDINANCE REVISING CERTAIN FINES AND 
FEES OF THE TRANSPORTATION 
DEPARTMENT (DOCKET NO. 0456) 

The following was received: 

City of Boston 
Office of the Mayor 



To the City Council. 
Dear Councillors: 



April 8, 2002 



I transmit herewith for your approval an Ordinance to 
increase the fine for parking in a handicapped or dis- 
abled parking spot from $75 to $120. The late penalty 
will be increased from $25 to $40. 

The purpose of amending the ordinance is to comply 
with Massachusetts General Laws c. 40 § 22A, which 
has been recently amended to require municipalities to 
charge a penalty of not less than $100 for illegal parking 
in handicapped / veteran spots. The Boston 
Transportation Department has determined that the fine 
should be changed to $120. 

I request that your Honorable Body approve this 
Ordinance at your earliest convenience so that the City 
of Boston will be in compliance with GL. c. 40 § 22A. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE 

REVISING CERTAIN FINES AND FEES OF THE 

BOSTON TRANSPORTATION DEPARTMENT 

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

City of Boston Code, Ordinances, Chapter VI, Section 
6-6.3 is hereby amended as follows: 

(1) Paragraph (1) of said Section 6-6.3 is amended by 
striking out the words "seventy-five ($75.00) dollars" 
and inserting in place thereof the words: "one hundred 
twenty ($120.00) dollars." 

(2) Paragraph (I) of said Section 6-6.3 is amended by 
striking out the words "twenty-five ($25.00) dollars" 
and inserting in place thereof the words: "forty ($40.00) 



dollars." 

Referred to 
Operations. 



Committee on Government 



Boston City Council 
Committee on Government Operations 



June 3, 2002 



Dear Councillors, 



The Committee on Government Operations, to which 
the following was referred: 

Docket #0456 - Message and ordinance revising cer- 
tain fines and fees of the Transportation Department. 

Docket #0457 - Message and ordinance amending 
Chapter XVIII, Fees and Charges. 

The Committee on Government Operations, having 
conducted a public hearing on the above matters and 
after consideration of the testimony offered, respectfully 
recommends that the ordinances, which were submitted 
by the Mayor, ought to pass. 

For the Committee, 

Maureen Feeney, 
Chair, Committee on Government Operations. 



ORDINANCE REVISING FEES OF THE EsISPEC- 
TIONAL SERVICES DEPARTMENT 

(DOCKET NO. 0457) 



The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Councillors: 



April 9, 2002 



I transmit herewith an order amending CBC 
Ordinance Chapter XVUI, Fees and Charges, to increase 
certain fees charged by the Inspectional Services 
Department. The order proposes increasing the fees for 
building permits as well as the fees for inspecting and 
certifying the accuracy of measuring devices such as 
scales, weights, meters and counting devices. Included 
in the order is a proposal to raise building permits from 
seven dollars per one thousand dollars of work autho- 
rized by a building permit to ten dollars per one thou- 
sand dollars of work. Increases proposed for various 
measuring devices range from five dollars to twenty- 
five dollars. These fee increases are justifiable; they 
have not been increased since 1990 although the cost of 
providing the services covered by these fees has 
increased. 

I respectfully request your support of this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE 

FEES AND CHARGES 

CITY OF BOSTON CODE ORDINANCES 

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

Section 1. City of Boston Code Ordinances Chapter 
XVIII Section 1 8- IB. 27 is hereby amended at 
Paragraph 27 by deleting in line 6 ihc words: 

"a fee of seven ($7.00) dolhus for each thousand 
($1000.00) dollars of the first one hundred thousand 
($100,000.00) dollars of the lair cost of the work to bo 



144 



CITY COUNCIL 



authorized by such permit as determined by said 
Commissioner; and ten ($10.00) dollars for each thou- 
sand ($1,000.00) dollars of such cost in excess of one 
hundred thousand ($100,000.00) dollars as determined 
by said Commissioner" 

and inserting in their place words as follows: 

"a fee of ten ($10.00) dollars for each thousand 
($1000.00) dollars of the fair cost of the work autho- 
rized by such permit as determined by said 
Commissioner." 

City of Boston Code Ordinances Chapter XVIII 
Section 18- IB is hereby further amended at Paragraph 
27 by deleting the words: "seven ($7.00) dollars" in line 
46 and inserting in their place the following words: 

"ten ($10.00) dollars" 

Section 2. City of Boston Code Ordinances, Chapter 
XVm, Section 18-1.23 "W" Fees and Charges are 
hereby amended at Paragraph 4 by deleting the words; 

"4. Weights and Measures; adjustment of. The charge 
for the repair, alteration, or adjustment of any weight, 
scale, balance, measure, or measuring device shall be a 
minimum of ten ($10.00) dollars and ten ($10.00) dol- 
lars for each fifteen (15) minutes or fractions there- 
after." 

And inserting in their place the following words: 

"4. Weights and Measures; Adjustment of The charge 
for the repair, alteration, or adjustment of any weight, 
scale, balance, measure, or measuring device shall be a 
minimum of twenty ($20.00) dollars and twenty 
($20.00) dollars for each fifteen (15) minutes or frac- 
tions thereafter." 

City of Boston Code Ordinances Chapter XVIII, 
Section 18-1.23 is hereby amended at Paragraph 5 by 
deleting the entire Section and inserting the following 
new section: 

"5. Weights and Measures; Sealing of. The fee for the 
sealing of a weight or measure under Sections 41 to 53 
inclusive, or any of them, of Chapter 98 of the General 
Laws shall be; 

(a) In the case of a machine or other mechanical 
device used for determining linear or area measurement, 
fifteen ($15.00) dollars; and 

(b) In the case of liquid capacity measure (other than 
a vehicle tank) with a measuring capacity of less than 
one (1) gallon, one ($1.00) dollar; with a measuring 
capacity of one ( 1 ) gallon or greater but less than ten 
(10) gallons, twenty ($20.00) dollars; and with a mea- 
suring capacity of ten (10) gallons or greater, fifty 
($50.00) dollars; and 

(c) In the case of a liquid measuring meter (other than 
those further specified) having an inlet pipe with a 
diameter of one (1") inch or less, twenty ($20.00) dol- 
lars; and in the case of such a meter having an inlet pipe 
with a diameter of more than one (1") inch, but not more 
than four (4") inches, fifty ($50.00) dollars; and in a 
case of such a meter having an inlet pipe with a diame- 
ter of more than four (4") inches, seventy-five ($75.00) 
dollars; and in the case of as vehicle tank meter more 
than one ( 1 " ) inch but less than four (4" ) inches, fifty 
($50.00) dollars; and four (4) inches or greater seventy- 
five($75.00) dollars; and in the case of gravity meters, 
twenty ($20.00) dollars; in the case of gasoline meters 
for retail, twenty ($20.00) dollars; and in the case of oil 
and grease meters, fifteen ($15.00) dollars; and 

(d) In the case of milk and cream bottles and jars, 
twenty-five ($25.00) dollars per gross; and 

(e) In the case of a scale or a balance with a weighing 
capacity of one hundred (100) pounds or less, twenty 



($20.00) dollars, in the case of a scale or balance with a 
weighing capacity of greater than one hundred (100) 
pounds, but less than five thousand (5,000) pounds, 
thirty ($30.00) dollars; and in the case of a scale or bal- 
ance having a weighing capacity of five thousand 
(5,000) pounds, or 

(f) greater but less than ten thousand (10,000) pounds, 
sixty ($60.00) dollars; and in the case of a scale or bal- 
ance with a weighing capacity often thousand (10,000) 
pounds or greater, one hundred-twenty-five ($125.00) 
dollars; and 

(g) In the case of a taximeter or measuring device 
upon a vehicle to determine the cost of transportation, 
thirty ($30.00) dollars; and 

(h) In the case of vehicle tank used in the sale of a 
commodity by liquid measure and having a single com- 
partment, and in the case of each compartment of a vehi- 
cle tank so used having two (2) or more compartments, 
a primaiy fee of fifty ($50.00) dollars, and an additional 
fee of ten ($10.00) dollars for each one hundred (100) 
gallons or fraction thereof of capacity; and 

(i) In the case of weights up to and including ten (10) 
pounds, twenty ($20.00/per set) dollars; in the case of 
weights greater than ten (10) pounds, up to and includ- 
ing fifty (50) pounds, twenty ($20.00) dollars per 
weight; in the case of weights over fifty (50) pounds, 
thirty ($30.00) dollars per weight; and 

(j) In the case of a machine or other mechanical 
device used for counting, fifteen ($15.00) dollars." 

Referred to the Government on Government 
Operations. 



ORDINANCE TO ENHANCE RESIDENTIAL 
PARKING PROGRAM (DOCKET NO. 0604) 

Boston City Council 
Committee on Government Operations 



lune 4, 2002 



Dear Councillors, 



The sponsor of the docket, on the advice of the 
Commissioner of the Department of Transportation, 
Andrea d'Amato, has amended the proposed ordinance 
by removing Section 18-1.16(45) (imposing fee for 
additional residential parking permits per household). 

The Committee on Government Operations, to which 
the following was referred: 

Docket #0604 - Ordinance to enhance residential 
parking program. 

Having conducted a public hearing on the above mat- 
ters and after consideration of the testimony offered, the 
Committee respectfully recommends that the ordinance, 
which was submitted and amended by Councillor Ross, 
ought to pass as in a new draft. 

For the Committee, 

Maureen Feeney, 
Chair, Committee on Government Operations. 



Councillors MICHAEL P ROSS and lOHN TOBIN 
offered the following: 

City of Boston 
In the Year Two Thousand and Two 

ORDINANCES TO ENHANCE 
RESIDENTIAL PARKING PROGRAM 

Whereas, City residents with residential parking per- 
mits have difficulty obtaining parking spots in their 
neighborhoods; and 

Whereas, Residents often cannot find parking spots 
because resident parking spots have been taken by ille- 
gally parked valet cars and non-residents and because 
the resident parking program is oversubscribed, in some 



JUNE 5, 2002 



145 



cases greater than a 4 to 1 ratio; and 

Whereas, The cost of illegally parking in resident 
parking spots, especially in downtown areas such as 
Beacon Hill, Back Bay, Fenway, and the North End, is 
below the cost of many downtown public parking 
garages; and 

Whereas, An increase in the illegal resident parking 
fine will reduce the number of nonresidents who ille- 
gally park in designated resident parking areas; and 

Whereas, The revenue raised by the increased illegal 
resident parking fine may be directed to programs such 
as the Boston Cultural Agenda Fund and Boston Film 
Bureau that did not receive funding in the proposed 
FY03 budget. Now Therefore: 

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

Chapter 6 is hereby amended by striking Section 6- 
6.3(f) and replacing it with the following Section 6- 
6.3(f): 

Section 6-6.3(f) 

The fine for parking a vehicle in violation of the prohi- 
bition against parking within Residential Parking 
Districts, unless said vehicle displays in the rear win- 
dow a valid and current sticker as issued by the 
Transportation Department for the district in which the 
vehicle is parked, shall be Forty Dollars and No Cents 
($40.00) for each such violation. A penalty of Ten 
Dollars and No Cents ($10.00) shall be assessed if the 
fine remains unpaid twenty-one (21) days after issuance 
of a notice of such violation. 



Councillors MICHAEL P. ROSS and JOHN TOBIN 
offered the following: 

City of Boston 
In the Year Two Thousand and Two 

ORDINANCES TO ENHANCE 
RESIDENTIAL PARKING PROGRAM 

Whereas, City residents with residential parking per- 
mits have difficulty obtaining parking spots in their 
neighborhoods; and 

Whereas, Residents often cannot find parking spots 
because resident parking spots have been taken by ille- 
gally parked valet cars and non-residents and because 
the resident parking program is oversubscribed, in some 
cases greater than a 4 to 1 ratio; and 

Whereas, The cost of illegally parking in resident 
parking spots, especially in downtown areas such as 
Beacon Hill, Back Bay, Fenway, and the North End, is 
below the cost of many downtown public parking 
garages; and 

Whereas, An increase in the illegal resident parking 
fine will reduce the number of nonresidents who ille- 
gally park in designated resident parking areas; and 

Whereas, A nominal fee for multi-car ownership for 
an additional resident parking sticker will help offset the 
costs of the resident parking program and also will 
reduce the number of cars seeking residential parking; 
and 

Whereas, The revenue raised by the increased illegal 
resident parking tine may be directed to programs such 
as the Boston Cultural Agenda Fund and Boston Film 
Bureau that did not receive funding in the proposed 
FY03 budget. Now Therefore: 

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

Chapter 6 is hereby amended by striking Section 6- 
6.3(0 and replacing it with the following Section 6- 
6.3(0: 

Section 6-6.3(0 The line lor parking a vehicle in 



violation of the prohibition against parking within 
Residential Parking Districts, unless said vehicle dis- 
plays in the rear window a valid and current sticker as 
issued by the Transportation Department for the district 
in which the vehicle is parked, shall be (i) Forty Dollars 
and No Cents ($40.00) for each such violation within 
"Zone A" as defined by the Boston Transportation 
Commission and (ii) Thirty Dollars and No Cents 
($30.00) for each such violation within "Zone B" as 
defined by the Boston Transportation Commission. A 
penalty of Ten Dollars and No Cents ($10.00) shall be 
assessed if the fine remains unpaid twenty-one (21) days 
after issuance of a notice of such violation. 

Chapter 18 is hereby amended by appending the follow- 
ing Section 18-1.16(45) as follows: 

Sectiont 18-1.16(45) Residential Parking Permits. There 
shall be no fee charged for the first Resident Parking 
Permit per household. The fee to be charged by the 
Boston Transportation Department or the Office of the 
Parking Clerk for the issuance of Additional Resident 
Parking Permits per household shall be Twenty-Five 
Dollars and No Cents ($25.00) per year for residents of 
the City of Boston who successfully apply for a 
Residential Parking Permit. 

Referred to the Committee on Government 
Operations. 



ORDER REQUESTING THE MAYOR TO INCLUDE 
FUNDS TO THE CITY BUDGET FOR FY2003 
THAT WILL SUPPORT THE CREATION OF A 
NEW CLASS OF POLICE OFFICERS 
(DOCKET NO. 0711) 

Councilors Hennigan, Scapicchio, Ross, Honan, 
Kelly, Tobin, Yancey, Feeney, Turner, Roache and 
Murphy offered the following: 

Whereas, Recent crimes against women in our city's 
North End neighborhood have raised justified fears 
among North End residents, business owners and visi- 
tors; and 

Whereas, These criminal assaults and the resulting 
publicity have contributed to a perception of danger, 
especially to women, despite the consistent competence 
of our police department and the full confidence that we 
place in them; and 

Whereas, The incidents noted above may inhibit the 
recovery of the public's overall sense of security which 
was injured by the recent terrorist attacks and threats to 
our nation, as well as the reputation of the City of 
Boston as a safe place to live; and 

Whereas, It is the business of this Council to be con- 
cerned with the appropriate budgetary funding neces- 
sary for the public safety; and 

Whereas, The City Budget for the Fiscal Year 2003 
does not include funds for the addition of a new class of 
police officers and; Therefore be it 

Ordered, That this Council requests his Honor the 
Mayor include funds to the City Budget for Fiscal Year 
2003 that will support the creation of a new class of 
police officers to maintain current levels of protection 
and security within the City of Boston. 

On motion of Councilor Hennigan, the rules were 
suspended; the order was passed 



ORDER FOR HEARING TO EXAMINE THE VIA- 
BILITY OF IMPOSING A $500.00 FINE ON 
NON-BOSTON TAXICABS WHO SOLICIT 
FARES IN THE CITY (DOCKET NO. 0707) 

Councilors SCAPICCHIO, ROACHF, and ROSS 
offered the following: 

Whereas. Pursuant to Massachu.scHs General Law. it 
is forbidden for non-Boston taxicabs to solicit fares in 
the City of Boston; and 

Whereas, Many drivers who arc lun luciiscii in the 



146 



CITY COUNCIL 



City of Boston disregard the statute and deliberately 
board fares on the streets of Boston with impunity; and 

Whereas, Predatory practices employed by out of 
town hackneys adversely impact the five thousand reg- 
istered drivers employed by Boston cab companies, and 
create potentially hazardous road conditions on the city 
streets for residents and pedestrians; and 

Whereas, Background checks on taxicab drivers are 
not required in Boston's neighboring cities and towns as 
they are in Boston; and 

Whereas, The violation for illegally picking-up a fare 
is not commensurate with the crime nor with fines 
levied by competing towns; and 

Whereas, A sufficient deterrent be established to pre- 
vent out-of-town cab drivers for soliciting fares within 
the city limits in the form of five hundred dollars 
($500); therefore be it 

Ordered, That the appropriate Boston City Council 
committee hold a hearing to examine the viability of 
imposing the $500 fine, and that representatives from 
the Hackney Division, Boston Police, and Boston 
Transportation Department be invited to attend. 

Referred to the Committee on Aviation and 
Transportation 



ORDER FOR HEARING RE: MONITORING THE 
WATER TABLES IN THE CITY (DOCKET NO. 
0708) 

Councilors Kelly and Ross offered the following: 

Whereas, An undetermined number of Boston's older 
buildings located in the neighborhoods of Chinatown, 
the Fenway, the South End, Beacon Hill, Bay Village 
and the Back Bay sit on wood piUngs that serve as the 
buildings' foundations; and 

Whereas, As the groundwater level recedes, the wood 
pilings are exposed to air and over time a decaying 
process sets in that leads to the buildings becoming 
structurally unsound; and 

Whereas, In 1987 the problem of low groundwater 
tables became known to the public and the City of 
Boston was sued for "carelessness and negligence" and 
for failing to adequately monitor the falling water table 
levels; and 

Whereas, Recognizing potential dangers to public 
health and safety, the city has revitalized the long dor- 
mant Groundwater Trust and the Trustees are now work- 
ing with various geo-technical engineers and the 
Wentworth Institute of Technology regarding a commit- 
ment to increase the number of monitoring wells from 
100 to 1,000; be it therefore 

Ordered, That in an effort to update residents regard- 
ing the city's continuing commitment to address the 
groundwater table level, the appropriate committee of 
the city council will conduct a public hearing to discuss 
needed funding as well as the status of the Groundwater 
Trust's efforts in the above regard, and that representa- 
tives of the City of Boston, Tim Mitchell of the 
Groundwater Trust, Jim Lambrechts from the firm of 
Haley and Aldridge, and other concerned citizens be 
invited to attend. 

Referred to the Committee on Environment and 
Historic Preservation 



ORDER FOR HEARING TO ALLOW THE BOSTON 
TOURISM TASK FORCE THE OPPORTU- 
NITY TO PRESENT ITS FINDINGS AND REC- 
OMMENDATIONS OF A DRAFT REPORT ON 
TOURISM AND TRANSPORTATION NEEDS 
(DOCKET NO. 0709) 

Councilor Scapicchio offered the following: 



Whereas, After numerous hearings regarding the pre- 
sent and future tourism transportation needs in the City 
of Boston, the Boston Tourism Task Force was formed 
as a collaborative effort between the Boston City 
Council's Committee on Aviation and Transportation 
and Mayor Menino's Administration; and 

Whereas, Representatives of the City, State, and the 
Tourism Transportation Industry and other interested 
organizations have worked together to prepare a Draft 
Report to address this very important matter; and 

Whereas, This Task Force should continue to work 
together in close consultation and coordination with all 
relevant organizations, the Boston City Council and the 
Mayor, in order to plan, evaluate and implement all the 
priority short term and long term recommendations of 
the Task Force: now, therefore be it 

Ordered: That a hearing be held by the appropriate 
Committee of the Boston City Council to allow the 
Boston Tourism Task Force the opportunity to present 
its findings and recommendations and that all the rele- 
vant officials, organizations and other interested parties 
be requested to testify. 

Referred to the Committee on Transportation. 



ORDER FOR HEARING TO DISCUSS VARIOUS 
VOTING TECHNOLOGIES AND THEIR REL- 
ATIVE COSTS AND BENEFITS, AND THAT 
THE ELECTION DEPARTMENT, IN CON- 
JUNCTION WITH VOTER EDUCATION 
GROUPS SUCH AS "BOSTON VOTE", BRING 
VARIOUS VOTING MACHINE TECHNOLO- 
GIES TO THE HEARING FOR A DEMON- 
STRATION OF EACH METHOD OF VOTING 
(DOCKET NO. 0710) 

Councilor Feeney offered the following: 

Whereas: Numerous voting errors and difficulties 
were discovered throughout the nation, including 
Boston, during the 2000 Presidential election; 

Whereas: The City of Boston has used the same vot- 
ing machine technology for the past fifty years; 

Whereas: The City of Boston has received permission 
from the state to replace its present voting machines 
with optical scanner devices and paper ballots at a cost 
of $1.5 million; 

Whereas: Optical scanner devices do not meet the 
minimum criteria under the Americans With Disabilities 
Act; 

Whereas: There may be better voting technologies 
available to the city in the present or near future; and 

Whereas: Federal aid may become available for local- 
ities to modernize voting equipment. Therefore Be It 

Resolved: That the Boston City Council hold a public 
hearing to discuss various voting technologies and their 
relative costs and benefits; and Be It Further 

Resolved: That the Election Department, in conjunc- 
tion with voter education groups such as Boston Vote, 
bring various voting machine technologies to the hear- 
ing for a demonstration of each method of voting. 

Referred to the Committee on Government 
Operations 



RESOLUTION ASKING THE SCHOOL 
COMMITTEE TO NEGOTIATE WITH THE 
BILINGUAL MASTER PARENT ADVISORY 
COUNCIL TO RENEW AGAIN THE LAU 
PLAN, WHICH THE SCHOOL COMMITTEE 
AND THE MASTER PAC FIRST ENTERED 
NOVEMBER 30, 1979 AND RENEWED IN 
1981, 1985, AND 1992. (DOCKET NO. 0713) 

Councilors Turner, Roache, Murphy, Ross, Hennigan, 
Yancey and Honan offered the following: 
Whereas: The Lau Compliance Plan (Lau Plan) was 
developed to provide the Boston Public Schools with a 



JUNE 5, 2002 



147 



comprehensive and workable educational blueprint for 
educating bi-lingual / multicultural school children 

Whereas: The Lau Plan is a working agreement 
between the Boston Public Schools and the Bilingual 
Master Parents Advisory Council that provides equal 
access to a meaningful high quality education for all 
children 

Whereas: The Lau Plan is the bench mark of the com- 
mitment of the Boston Public Schools and the Master 
PAC to bilingual/multicultural children who, like all 
children, go to school with the desire to learn 

Whereas: The Lau Plan establishes clear objectives 
for the EPS, based on sound education principles, as a 
means of periodical evaluation of the progress and 
effectiveness of the BPS in educating limited English 
speaking students 

Whereas; The Lau Plan opens the door for meaning- 
ful parent and community involvement in the bilin- 
gual/multicultural program offered by the BPS, 
Therefore be it 

Resolved: That the Boston City Council calls on 
Superintendent Payzant not to recommend any action to 
the School Committee regarding the Lau Plan until a 
timely City Council hearing on the issue can be con- 
ducted. 



Councilor Turner moved for suspension of the rules. 
The rules were suspended, yeas 8, nays 4 (Councilors 
Feeney, Flaherty, Hennigan, Kelly). 



Councilor Scapicchio offered the following amend- 
ment: 

In the paragraph beginning with "Resolved," strike 
the remaining language and replace with the following: 

That the City Council calls on Superintendent 
Payzant not to recommend any action to the School 
Committee regarding the Lau Plan until a timely hear- 
ing on the issue can be conducted. 

The amendment was adopted. On motion of 
Councilor Turner, the rules were suspended; the resolu- 
tion, as amended, was adopted 



that it can continue it 20 years of advocacy and support 
of Bilingual Education, its parent and its students.- 

On motion of Councilor Turner, the rules were sus- 
pended; the resolution was adopted. - yeas 10. Absent 
or not voting 2 (Councilors Hennigan and Kelly). 



RESOLUTION REQUESTING SCHOOL 

SUPERINTENDENT PAYZANT TO RESTORE 
FUNDING FOR THE BILINGUAL MASTER 
PARENT ADVISORY COUNCIL (DOCKET 
NO. 0712) 

Councilors Turner, Roache, Murphy, Ross, Hennigan, 
Yancey, Tobin and Flaherty offered the following: 

Whereas: The Bi-Lingual Master Parent Advisory 
Council (Master PAC) is a citywide organization with a 
multicultural and multilingual membership consisting 
of parent volunteers 

Whereas: Master PAC, as a multicultural and multi- 
lingual organization, has for over twenty years effec- 
tively advocated for sound and meaningful educational 
programs in the Boston schools for bilingual and limited 
English students 

Whereas: Master PAC is recognized as the organiza- 
tion representing the interest of bilingual and limited 
English students and as such it has for over 20 years 
worked the Boston School Coinmittee to ensure that all 
children have an equal access to a public education 

Whereas: Master PAC and the Boston School 
Committee working together have set the standard of 
educational accountability for the Boston .school sys- 
tem; Therefore be it 

Resolved: That the Boston City Council request that 
the Boston Public School Superintendent restore fund- 
ing tor the Bilingual Master Parent Advisory Council so 



ORDER FOR LOAN OF $22,490,000.00 FOR THE 
REMODELING, RECONSTRUCTING, MAK- 
ING EXTRAORDINARY REPAIRS TO EXIST- 
ING FACILITIES INCLUDING ORIGINAL 
EQUIPMENT AND LANDSCAPING, PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF THE 
SCHOOL DEPARTMENT (DOCKET NO. 
0458). 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $22,490,000 for the remod- 
eling, reconstructing, making extraordinary repairs to 
existing facilities including original equipment and 
landscaping, paving and other site improvements inci- 
dental or directly related to such remodeling, recon- 
struction or repair for the purposes of the School 
Department. 

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

Thomas M. Menino, 
Mayor of Boston. 

Ordered: That the sum of Twenty Two Million Four 
Hundred Ninety Thousand Dollars ($22,490,000) be, 
and hereby is, appropriated for remodeling, reconstruct- 
ing, making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of the School Department; and that to meet 
said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause 
(3A) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1. Blackstone School Roof, Masonry, Windows 

2. Boston Arts Academy - Windows/Masonry 

3. Boston Latin Academy 

4. Burke High School 

5. Critical Facility Repairs FY03 

6. Dickerman School 

7. Ellis School 

8. Fitleld School Masonry 

9. Fire Alarm Replacement at 6 Schools 

10. Hennigan School HVAC 

11. Humphrey O.R.C. 

12. Jackson Mann School Waterproofing 

13. Lewcnbcrg School 

14. Matlison Park High School HVAC 

15. McCorniack School Windows 

16. Mission Hill School Heating System 

17. Mission Hill School Windows 

18. Ohrenberger School 

19. Ohrenberger School Boiler 



148 



CITY COUNCIL 



20. Quincy School 

2 1 . Robert Shaw School 

22. Roosevelt School 

23. South Boston High School II 

24. Technology Upgrades 

25. Tynan School 

26. Umana Barnes School 

27. West Roxbury High School HVAC 

28. Wheatley School 

29. Wheatley School 

30. Winship School 

31. Young Achievers Pilot School II 



On Motion of Councilor Ross, 
rejected without prejudice. 



the order was 



ORDER FOR LOAN OF $13,660,000.00 FOR THE 
ORIGINAL CONSTRUCTION OF PUBLIC 
WAYS OR THE EXTENSION OR WIDENING 
THEREOF INCLUDING LAND DAMAGES 
AND THE COST OF PAVEMENT AND SIDE- 
WALKS LAID AT THE TIME OF SAID CON- 
STRUCTION, OR FOR THE CONSTRUCTION 
OF STONE, BLOCK, BRICK, CEMENT CON- 
CRETE, BITUMINOUS CONCRETE, BITUMI- 
NOUS MACADAM OR OTHER PERMANENT 
PAVEMENT OF SIMILAR LASTING CHAR- 
ACTER FOR THE PURPOSES OF THE 
PUBLIC WORKS AND TRANSPORTATION 
DEPARTMENTS (DOCKET NO. 0459.) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $13,660,000 for the original 
construction of public ways or the extension or widen- 
ing thereof, including land damages and the cost of 
pavement and sidewalks laid at the time of said con- 
struction, or for the constiuction of stone, block, brick, 
cement concrete, bituminous concrete, bituminous 
macadam or other permanent pavement of similar last- 
ing character for the purposes of the Public Works and 
Transportation Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Thirteen Million Six 
Hundred Sixty Thousand Dollars ($13,660,000) be, and 
hereby is, appropriated for the original construction of 
public ways or the extension or widening thereof, 
including land damages and the cost of pavement and 
sidewalks laid at the time of said construction, or for the 
construction of stone, block, brick, cement concrete, 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the Public Works and Transportation 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (5) of Section 7 of Chapter 44 
of the General Laws, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Belden Street 



2. Boylston Street 

3. Cambridge Street 

4. Centre Street Phase C 

5. Columbia Road Median Removal 

6. Edward Everett Square 

7. General Heath Square 

8. Huntington Avenue 

9. Massachusetts Avenue 

10. Maverick Gardens Phase I 

1 1 . Maverick Gardens Phase II 

12. Roadway Reconstruction FY02 

13. Roadway Resurfacing FY04 

14. West Broadway BHA Roadway Infrastructure 

15. Business Districts/Main Streets Implementation 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



ORDER FOR LOAN OF $2,020,000.00 FOR THE 
PURPOSE OF THE COST OF DEPARTMEN- 
TAL EQUIPMENT TO SERVICE THE FIRE 
DEPARTMENT (DOCKET NO. 0460) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $2,020,000 for the purpose 
of the cost of departmental equipment to service the Fire 
Department. 

I urge your Honorable Body to Pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Two Million Twenty 
Thousand Dollars ($2,020,000) be, and hereby is, 
appropriated for the cost of departmental equipment for 
the purposes of the Fire Department; and that to meet 
said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause (9) 
of Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 



I . Fire Equipment FY03 

On Motion of Councilor 
rejected without prejudice. 



Ross, the order was 



ORDER FOR LOAN OF $205,000.00 FOR THE 
DEVELOPMENT, DESIGN, PURCHASE, 
INSTALLATION AND OPERATION OF COM- 
PUTER HARDWARE, COMPUTER SOFT- 
WARE, OTHER DATA PROCESSING EQUIP- 
MENT AND COMPUTER ASSISTED 
INTEGRATED FINANCIAL MANAGEMENT 
AND ACCOUNTING SYSTEMS, FOR THE 
PURPOSE OF THE SCHOOL DEPARTMENT 
(DOCKET NO. 0461) 

The following was received: 



City of Boston 
Office of the Mayor 



April 9, 2002 



JUNE 5, 2002 



149 



To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $205,000 for the develop- 
ment, design, purchase, installation and operation of 
computer hardware, computer software, other data pro- 
cessing equipment and computer assisted integrated 
financial management and accounting systems, for the 
purpose of the School Department. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Two Hundred Five 
Thousand Dollars ($205,000) be, and hereby is, appro- 
priated for the development, design, purchase, installa- 
tion and operation of computer hardware, computer 
software, other data processing equipment and com- 
puter assisted integrated financial management and 
accounting systems, for the purpose of the School 
Department; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (28) and/or (29) of Section 7 of 
Chapter 44 of the General Laws, to issue from time to 
time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Computer Technology FY03 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



name attached herein. 

Attachment 

1. Historic Cemeteries FY02-04 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



ORDER FOR LOAN OF $280,000.00 FOR DEVEL- 
OPING LAND FOR BURIAL PURPOSES AND 
FOR CONSTRUCTING PATHS, AVENUES 
AND EMBELLISHING THE GROUNDS IN 
CITY OWNED CEMETERIES (DOCKET NO. 
0462) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $280,000 for developing 
land for burial purposes and for constructing paths and 
avenues and embellishing the grounds in city owned 
cemeteries. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Two Hundred Eighty 
Thousand Dollars ($280,000) be, and hereby is, appro- 
priated for developing land for burial purposes and for 
constructing paths and avenues and embellishing the 
grounds in city owned cemeteries, under the manage- 
ment of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(20) 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, provided thai (he appropriation authorized 
be expended only on those projects as described by 



ORDER FOR LOAN OF $9,715,000.00 FOR THE 
REMODELING RECONSTRUCTING, MAK- 
ING EXTRAORDINARY REPAIRS TO EXIST- 
ING FACILITIES INCLUDING ORIGINAL 
EQUIPMENT AND LANDSCAPING PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF VARIOUS 
CITY DEPARTMENTS (DOCKET NO. 0463) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $9,715,000 for the remodel- 
ing, reconstructing, making extraordinary repairs to 
existing facilities including original equipment and 
landscaping, paving and other site improvements inci- 
dental or directly related to such remodeling, recon- 
struction or repair for the purposes of various city 
departments including the Fire, Library, Management 
Information Services, Neighborhood Development, 
Parks and Recreation, Property and Construction 
Management, Public Health Commission and 
Transportation Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Nine Million Seven 
Hundred Fifteen Thousand Dollars ($9,715,000) be, and 
hereby is, appropriated for remodeling, reconstnicting, 
making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of various city departments including the 
Fire, Library, Management Information Services, 
Neighborhood Development, Parks and Recreation. 
Property and Construction Management, Public Health 
Commission and Transportation Departments; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(3A) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment: 

1 . Critical Facility Repairs FY03 

2. Engine 18 

3. Engine 24 

4. Engine 30 

5. Exterior Repairs at 5 Fire Stations 

6. Connollv Branch library 

7. Critical hacilily Repairs'FY03 

8. Roof Repairs ai 5 Branches 

9. MIS Computer Room 



150 



( 



CITY COUNCIL 



10. Long Island Facilities / Utilities 

1 1 . George Wright Maintenance Building 

12. City Hall Roof 

13. Critical Facility Repairs FY03 

14. Long Island Administration Building Roof 

15. Southampton Street Maintenance Building 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



ORDER FOR LOAN OF $4,860,000.00 FOR THE 
CONSTRUCTION OR RECONSTRUCTION 
OF BRIDGES OF STONE OR CONCRETE OR 
OF IRON SUPERSTRUCTURE AND/ OR FOR 
THE ORIGINAL CONSTRUCTION OF PUB- 
LIC WAYS OR THE EXTENSION OR WIDEN- 
ING THEREOF, INCLUDING LAND DAM- 
AGES AND THE COST OF PAVEMENT AND 
SIDEWALKS LAID AT THE TIME OF SAID 
CONSTRUCTION, OR FOR THE CONSTRUC- 
TION OF STONE, BLOCK, BRICK, CEMENT 
CONCRETE, BITUMINOUS CONCRETE, 
BITUMINOUS MACADAM OR OTHER PER- 
MANENT PAVEMENT OF SIMILAR LAST- 
ING CHARACTER FOR THE PURPOSES OF 
THE NEIGHBORHOOD DEVELOPMENT 
AND PUBLIC WORKS DEPARTMENTS 
(DOCKET NO. 0464) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $4,860,000 for the construc- 
tion or reconstruction of bridges of stone or concrete or. 
of iron superstructure and/ or for the original construc- 
tion of public ways or the extension or widening 
thereof, including land damages and the cost of pave- 
ment and sidewalks laid at the time of said construction, 
or for the constniction of stone, block, brick, cement 
concrete, bituminous concrete, bituminous macadam or 
other permanent pavement of similar lasting character 
for the purposes of the Neighborhood Development and 
Public Works Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



1 . Long Island Bridge Rehabilitation 

2. American Legion Bridge 

3. Bridge Engineering Overview FY03 

4. Congress Street Bridge 

5. McArdle Bridge 

6. North Washington Street Bridge 

7. North Washington Street Bridge 



8. Sullivan Square Overpass 

On Motion of Councilor Ross, 
rejected without prejudice. 



the order was 



ORDER FOR LOAN OF $3,240,000.00 FOR STREET 
LIGHTING INSTALLATION AND TRAFFIC 
SIGNAL EQUIPMENT FOR THE PURPOSES 
OF THE PUBLIC WORKS AND 
TRANSPORTATION DEPARTMENTS 

(DOCKET NO. 0465) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $3,240,000 for street light- 
ing installation and traffic signal equipment for the pur- 
poses of the Public Works and Transportation 
Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Three Million Two 
Hundred Forty Thousand Dollars ($3,240,000) be, and 
hereby is, appropriated for street lighting installation 
and traffic signal equipment for the purposes of the 
Public Works and Transportation Departments; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
( 14) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 



Ordered: That the sum of Four Million Eight Hundred 
Sixty Thousand Dollars ($4,860,000) be, and hereby is, 
appropriated for the construction or reconstruction of 
bridges of stone or concrete or of iron superstructure 
and/ or for the original construction of public ways or 
the extension or widening thereof, including land dam- 
ages and the cost of pavement and sidewalks laid at the 
time of said construction, or for the construction of 
stone, block, brick, cement concrete, bituminous con- 
crete, bituminous macadam or other permanent pave- 
ment of similar lasting character for the purposes of the 
Neighborhood Development and Public Works 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (4) and/or Clause (5) of Section 
7 of Chapter 44 of the General Laws, to issue from time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. 

Attachment 



1. Street Lighting Installation FY03 

2. Traffic Signal Equipment FY03-07 



On Motion of Councilor Ross, 
rejected without prejudice. 



the order was 



ORDER FOR LOAN OF $810,000.00 FOR THE PUR- 
POSE OF PLANNING DESIGNING ACQUIR- 
ING LAND FOR, CONSTRUCTING AND 
ORIGINALLY EQUIPPING STRUCTURES 
AND FACILITIES AND FOR REMODELING 
RECONSTRUCTING OR MAKING MAJOR 
ALTERATIONS, ADDITIONS AND MAJOR 
REPAIRS TO EXISTING FACILITIES FOR 
THE PURPOSES OF THE NEIGHBORHOOD 
DEVELOPMENT AND PARKS AND 
RECREATION DEPARTMENTS (DOCKET 
NO. 0466) 

The following was received: 

City of Boston 



^ 



JUNE 5, 2002 



151 



Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $810,000 for the purpose of 
planning, designing, acquiring land for, constructing 
and originally equipping structures and facilities and for 
remodeling, reconstructing, or making major alter- 
ations, additions and major repairs to existing facilities 
for the purposes of the Neighborhood Development and 
Parks and Recreation Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered; That the sum of Eight Hundred Ten 
Thousand Dollars ($810,000) be, and hereby is, appro- 
priated for the planning, designing, acquiring land for, 
constructing and originally equipping structures and 
facilities and for remodeling, reconstructing, or making 
major alterations, additions and major repairs to existing 
facilities including original equipment and landscaping, 
including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction or repair for the purposes of 
the Neighborhood Development and Parks and 
Recreation Departments, and that to meet said appropri- 
ation the Collector/Treasurer be, and hereby is, autho- 
rized under the provisions of Chapter 642 of the Acts of 
1966, as amended, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on the project as described by name 
attached herein. 

Attachment 

1 . Long Island Pier Facility 

2. Street Tree Planting FY02-04 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



ORDER FOR LOAN OF $8,645,000.00 FOR THE 
PURPOSE OF THE CONSTRUCTION OF 
MUNICIPAL OUTDOOR RECREATIONAL 
AND ATHLETIC FACILITIES, INCLUDING 
THE ACQUISITION AND DEVELOPMENT 
OF LAND AND THE CONSTRUCTION AND 
RECONSTRUCTION OF SUCH FACILITIES, 
FOR THE PURPOSES OF THE PARKS AND 
RECREATION DEPARTMENT (DOCKET NO. 
0467) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $8,645,000 for the purpose 
of the construction of municipal outdoor recreational 
and athletic facilities, including the acquisition and 
development of land and the construction and recon- 
struction of such facilities, for the purposes of the Parks 
and Recreation Department. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Eight Million Six Hundred 
Forty Five Thousand Dollars ($8,645,000) be, and 
hereby is; appropriated for the construction of municipal 
outdoor recreational and athletic facilities, including the 
acquisition and development of land and the construc- 
tion and reconstruction of such facilities, for the pur- 
poses of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(25) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized tiirough this order be expended only on those 
projects as described by name attached herein. 

Attachment 

L Christopher Columbus Park (Waterfront) 

2. Court Renovations FY03 

3. Dorothy Curran Playlot 

4. English High Field 

5. General Parks Improvements FYOl-04 

6. George Wright Golf Course 

7. Harambee Park 

8. Joe Moakley Park Synthetic Turf 

9. McLaughlin Playground 

10. Muddy River Storm water Controls and Dredging 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



ORDER AUTHORIZING THE CITY TO ENTER 
INTO ONE OR MORE LEASE, LEASE-PUR- 
CHASE OR INSTALLMENT SALES AGREE- 
MENTS IN FY03 IN AN AMOUNT NOT TO 
EXCEED $3,500,000.00 AND IN FY04 IN AN 
AMOUNT NOT TO EXCEED $5,000,000.00 
FOR DIFFERENT CITY DEPARTMENTS 
(DOCKET NO. 0468) 

The following was received: 

City of Boston 
Office of the Mayor 

April 9, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an order autho- 
rizing the City of Boston to enter into one or more lease, 
lease-purchase or installment sales agreements in Fiscal 
Year 2003 in an amount not to exceed $3,500,000 and in 
Fiscal Year 2004, in an amount not to exceed 
$5,000,000. These funds will be used by different City 
departments for the acquisition of equipment in further- 
ance of their respective governmental functions. The list 
of equipment includes: computer equipment (hardware 
and software), motor vehicles and trailers, firefighting 
equipment, office equipment, photocopying equipment, 
telecommunications equipment, medical equipment, 
school and educational equipment, school buses, park- 
ing meters, and equipment functionally related to, and 
components of the foregoing. 

I urge your Honorable Body to pass this order as 
expeditiously as possible to ensure the successful com- 
pletion of the equipment acquisition program. 
Sincerely, 

Thomas M. Menino, 
Mavor of Boston. 



Ordered: That pursuant to section 1 1 of Chapter 643 
of the Acts of 1983. the City of Boston, acting by and 
through its Purchasing .-Vgcnt and Its Collector- 
Treasurer, with the approval of the Mayor, is authorized 
to acquire the following departmental equipment by 



152 



crri^ COUNCIL 



f 



entering into one or more lease, lease-purchase or 
installment sales agreements in Fiscal Year 2003, in an 
amount not to exceed 53,500.000 and in Fiscal Year 
2004 in an amount not to exceed 55,000,000, in such 
fonn or forms as the I*urchasing Agent and Collector- 
Treasurer may determine with the approval of the 
Mayor, computer equipment (hardware and software), 
motor vehicles and trailers, fire fighting equipment 
ofSce equipment, photocopying equipment telecom- 
municarions equipment, medical equipment school and 
educational equipment school buses, parking meters 
and equipment functionally related to, and components 
of, the foregoing. 

And Firrther Ordered; That pursuant to section 9 of 
Chapter 643 of the Acts of 1983, the Collector-Treasurer 
be, and hereby is, authorized to execute and deUver, as 
appropriate, on behalf of the Cit}' of Boston, with the 
approval of the Mayor, trust securit}* and/ or lease 
agreements and/ or reimbursement agreements with 
attached letters of credit and to procure, as appropriate, 
insurance to secure the Cit}-'s obligation as authorized 
above, all in such form or forms as the 
Collector/Treasurer ma)" determine wixh the approval of 
the Mayon 

On Motion of Councilor Ross, the order was 
rejected without prejudice. 



LATE FILED MATTERS 

The Chair stated that in the absence of objectioii, 15 
late-filed matters would be added to the .A^genda, 

No objection being heard, the following matters were 
added: 

APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0750) 

CouncUor FLAHERTY offered the following: 

Ordered: Thai effective Saturday, June 8, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name vmtil Friday, June 14, 
2002: 

Michael F, Laridn, Secretary, S 1,456.5 1/week, full 
time. 

Aoibhean McDermott Secretaiy-. S779,30/week, part 
time. 

Lauren A. Wallace, Secretary, Sl,091,90/week, full 
time. 

Passed under suspension of the rules. 



(DOCKET NO. 0752) 

CouncDor FL.AJIERTY offered the following: 

Ordered: That effective Saturda)'. May 4. 2002. the 
following named person be. and hereby is. appointed to 
the position set against their name until Fridav. July 26. 
2002: 

Katherine Carangelo-Mclsaac, Secretary, 

S150.00/w-eek, part time. 

Passed under suspension of the rules. 



ORDER FOR HE.ARING TO DISCUSS CONCERNS 
R.A1SED BY RESIDENTS REGARDING 
ISSL'ES TILAT CONTINU.\LLY CONTRONT 
SLTR\T\'ORS OF HO^DCIDE \TCTIMS AND 
SUPPORT SERVICES (DOCKET NO, 0753) 

CovmcDors Roache, Turner, Yancey. Flaherty', 
Murph). Honan, Tobin, Scapicchio, Ross, Kelly and 
Feeney offered the following: 

Whereas, The high rate of homicides in the City of 
Boston has been devastating to those families who have 
lost lo\ed ones; And 

Wliereas, The sunivors of homicide \ictims have 
been enduring incredible pain and suffering from losing 
their family members much too soon; And 

WTiereas, Many of these sur\ivors are not coimected 
to appropriate support services for crisis intervention, 
health and mental health senices: And 

Whereas, Much too often there is no connection 
between cit\' government and the siuvivors of homi- 
cides; and 

Whereas, The Citj' of Boston needs to establish a 
relationship with the Louis D. Brown Institute (a center 
for peace education and outreach services to survivors 
of \iolence) and the communities, and families who 
have suffered the tragic loss through the crime of homi- 
cide; Therefore Be It 

Ordered. The Boston Cit>' Council hold a pubUc hear- 
ing to discuss concerns raised by Boston residents 
regarding the issues that continually confront sur\ivors 
of homicide victims and the supjxjrt serv ices available 
to these victims; And Therefore Be It Further 

Ordered, Those representatives from the Department 
of PubUc Health. The Cit>' of Boston PubUc Health 
Commission. Boston Police Department, District 
Attorney's Office and affected Citj' of Boston residents 
be in\ited to testify. 

Referred to the Committee on Public Health. 



€ 



.APPODsTMENT OF TEMPORARY EMPLO\TES 
(DOCKET NO. 0751) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday. June 15, 2002, the 
following named pierson be, and hereby is, appointed to 
the position set against their name until Friday, 
September 6. 2002: 

Michael F. Latkin, Secretary, SI, 073.6 1/week, fiiU 
time. 

Aoibhean McDermott Secretary, S396.40/week, part 
time, 

Lauren A. Wallace, Secretar>', S709.00/week, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 



ORDER FOR LOAN OF 522.490.000.00 FOR THE 
REMODELING RECONSTRUCTING MAK- 
ING EXTRAORDIN.ARY REPAIRS TO EXIST- 
ING FAdLITIES INCLUDING ORIGIN/U. 
EQLTPMENT AND LA.VDSCAPING PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF THE 
SCHOOL DEPARTMENT (DOCKET NO. 0754) 

Ordered: That the sum of Twenty Two Million Four 
Hundred NiDet>' Thousand Dollars ($22,490,000) be, 
and hereby is, appropriated for remodeUng. reconstruct- 
ing, making extraordinar)' repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of the School Department and that to meet 
said appropriation the Collector/Treasurer be. and 
hereby is. authorized under the provisions of Clause 



« 



JUNE 5. 2002 



153 



(3Aj of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended onJy on those 
projects as described b\- name attached herein. 
Attachment 

1. Blackstone School Roof. Masonry, Windows 

2. Boston Arts. Academy. Windows/Masonry 

3. Boston Latin .Academy 

4. Burke High School 

5. Critical Facilir\- Repairs Pf03 

6. Dickerman School 

7. Ellis School 

8. Fifield School Masonry 

9. Fire .'Marm Replacement at 6 Schools 

10. Hennigan School HVAC 

11. Humphrey 0-R.C. 

12. Jackson Mann School Waterproofing 

13. Lewenberg School 

14. Madison Park High School HVAC 

15. McCormack School Windows 

16. Mission Hill School Heating System 

17. Mission HilJ School Windows 

18. Ohrenberger School 

19. Ohrenberger School Boiler 

20. Quincy School 

2L Robert Shaw School 

22. Roosevelt School 

23. South Boston High School H 

24. Technolog}" Upgrades 

25. Tynan School 

26. Umana Barnes School 

27. West Roxbur\- Hish School HAAC 

28. Wheatle\ School 

29. Wheatley School 

30. Winship School 

3 1 . Young Achievers Pilot School II 

Referred to the Committee on W avs and Means. 



ORDER FOR LO.AN OF S 13.660.000.00 FOR THE 
ORIGINAL CONSTRUCTION OF PUBLIC 
WAYS OR THE EXTENSION OR WIDENING 
THEREOF LNCLUDLNG L.A.NT) D.ASIAGES 
.\ND THE COST OF P.A\EMENT .AND SIDE- 
WALKS L.\ID AT THE TLME OF S.\ID CON- 
STRUCTION. OR FOR THE CONSTRUCTION 
OF STONE. BLOCK. BRICK. CEMENT CON- 
CRETE. BITU-MINOUS CONCRETE. BITU^^- 
NOUS MACAD.\M OR OTHER PERMANT.NT 
P.-\\E.MENT OF SIMILAR LASTING CHAR- 
ACTER FOR THE PURPOSES OF THE 
PUBLIC WORKS .AND TR.ANSPORT\TION 
DEP.\RTME.NTS (DOCKET NO. 0755) 

Ordered: That the sum of Thirteen Million Six 
Hundred Sixt> Thousand. Dollars (S13.66O.0OO) be. and 
hereby is. appropriated for the original construction of 
public ways or the extension or widening thereof, 
including land damages and the cost of pavement and 
sidewalks laid at the time of said construction, or for the 
construction of stone, block, brick, cement concrete. 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the I'ublic Works and Transportation 
Departments; and that to meet said appropriation the 
Collector/Treasurer be. and hereby is. authorized under 
the provisions of Clause (5) of Section 7 of Chapter 44 
of the General Law s. to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on those projects as described by name 
attached herein. 



Attachment 

1. Belden Street 

2. Bo\lston Street 

3. Cambridge Street 

4. Centre Street Phase 11 

5. Columbia Road Median Removal 

6. Edward Everett Square 

7. General Heath Square 

8. Huntington Avenue 

9. Massachusetts Avenue 

1 0. Maverick Gardens Phase I 

1 1 . -Maverick Gardens Phase n 

12. Roadwav" Construction FY02 

13. Roadway Resurfacing FY'04 

14. West Broadwa)- BHA Roadway Infrastructure 

15. Business Districts/Main Streets Implementation 

Referred to the Committee on Wa\ s and Means. 



ORDER FOR LOXS OF S2.020.0OO.0O FOR THE 
PLUPOSE OF THE COST OF DERARTMEN- 
T.AL EQUIPMENT TO SERMCE THE FIRE 
DERARTME.NT I DOCKET NO. 0:'56) 

Ordered: That the sum of Two Million Twenrv 
Thousand DoUars fS2.020.000; be, and hereby is', 
appropriated for the cost of departmental equipment for 
the purposes of the Fire Department: and that to meet 
said appropriation the Collector/Treasurer be. and 
hereby is. authorized imder the provisions of Clause (9) 
of Section 7 of Chapter 44 of the General Law s. to issue 
fi-om time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the Cit%- 
up to said amount provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

I. Fire Equipment FY03 

Referred to the Committee on Wavs and Means. 



ORDER FOR LO.\N OF S205.000.00 FOR THE 
DEVELOPME.NT. DESIGN. PLTICH.ASE. 
INST-ALL.ATION .ASD OPEIUAnON OF COM- 
PUTER H-\RDWARE. CO-MPUTER SOFT- 
WARE. OTHER D.ATA PROCESSING EQLTP- 
ME.NT .AND COMPUTER ASSISTED 
INTEGR.\TED FIN.\NCL\L M.ANAGEMENT 
.AND ACCOLTsTING SYSTEMS. FOR THE 
PURPOSE OF THE SCHOOL DEP.ARTMENT 
(DOCKET NO. 0757) 

Ordered: That the sum of Two Hundred Five 
Thousand DoOars (S205.000) be. and hereby is. appro- 
priated for the development, design, purchase, installa- 
tion, and operation of computer hardware, computer 
software, other data processing equipment and com- 
puter assisted integrated financial management and 
accounting systems, for the purpose of the School 
Department: and that to meet said appropriation the 
Collector/Treasurer be. and hereby is. authorized under 
the provisions of Clause (28) and/ or (29) of Section 7 
of Chapter 44 of die General Laws, to issue from time 
to time, with the approval of the Major, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Computer Technology FY03 



154 



CITY COUNCIL 



Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $280,000.00 FOR DEVEL- 
OPING LAND FOR BURIAL PURPOSES AND 
FOR CONSTRUCTING PATHS, AVENUES 
AND EMBELLISHING THE GROUNDS IN 
CITY OWNED CEMETERIES (DOCKET NO. 
0758) 

Ordered: That the sum of Two Hundred Eighty 
Thousand Dollars ($280,000) be, and hereby is, appro- 
priated for developing land for burial purposes and for 
constructing paths and avenues and embellishing the 
grounds in city owned cemeteries, under the manage- 
ment of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(20) 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, provided that the appropriation authorized 
be expended only on those projects as described by 
name attached herein. 

Attachment 

1. Historic Cemeteries FY02-04 

Referred to the Committee on Ways and Means. 



13. Critical Facility Repairs FY03 

14. Long Island Administration Building Roof 

15. Southampton Street Maintenance Building 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $9,715,000.00 FOR THE 
REMODELING RECONSTRUCTING MAK- 
ING EXTRAORDINARY REPAIRS TO EXIST- 
ING FACILITIES INCLUDING ORIGINAL 
EQUIPMENT AND LANDSCAPING PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF VARIOUS 
CITY DEPARTMENTS (DOCKET NO. 0759) 

Ordered: That the sum of Nine Million Seven 
Hundred Fifteen Thousand. Dollars ($9,715,000) be, 
and hereby is, appropriated for remodeling, reconstruct- 
ing, making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of various city departments including the 
Fire, Library, Management Information Services, 
Neighborhood Development, Parks and Recreation, 
Property and Construction Management, Public Health 
Commission and Transportation Departments; and that 
to meet said appropriation the Collector- Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(3A) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1. Critical Facility Repairs FY03 

2. Engine 18 

3. Engine 24 

4. Engine 30 

5. Exterior Repairs at 5 Fire Stations 

6. Connolly Branch Library 

7. Critical Facility Repairs FY03 

8. Roof Repairs at 5 Branches 

9. MIS Computer Room 

10. Long Island Facilities / Utilities 

11. George Wright Maintenance Building 

12. City Hall Roof 



ORDER FOR LOAN OF $4,860,000.00 FOR THE 
CONSTRUCTION OR RECONSTRUCTION 
OF BRIDGES OF STONE OR CONCRETE OR 
OF IRON SUPERSTRUCTURE AND/ OR FOR 
THE ORIGINAL CONSTRUCTION OF PUB- 
LIC WAYS OR THE EXTENSION OR WIDEN- 
ING THEREOF, INCLUDING LAND DAM- 
AGES AND THE COST OF PAVEMENT AND 
SIDEWALKS LAID AT THE TIME OF SAID 
CONSTRUCTION, OR FOR THE CONSTRUC- 
TION OF STONE, BLOCK, BRICK, CEMENT 
CONCRETE, BITUMINOUS CONCRETE, 
BITUMINOUS MACADAM OR OTHER PER- 
MANENT PAVEMENT OF SIMILAR LAST- 
ING CHARACTER FOR THE PURPOSES OF 
THE NEIGHBORHOOD DEVELOPMENT 
AND PUBLIC WORKS DEPARTMENTS 
(DOCKET NO. 0760) 

Ordered: That the sum of Four Million Eight Hundred 
Sixty Thousand Dollars. ($4,860,000) be, and hereby is, 
appropriated for the construction or reconstruction of 
bridges of stone or concrete or of iron superstructure 
and/ or for the original construction of public ways or 
the extension or widening thereof, including land dam- 
ages and the cost of pavement and sidewalks laid at the 
time of said construction, or for the construction of 
stone, block, brick, cement concrete, bituminous con- 
crete, bituminous macadam or other permanent pave- 
ment of similar lasting character for the purposes of the 
Neighborhood Development and Public Works 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (4) and/ or Clause (5) of 
Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Long Island Bridge Rehabilitation 

2. American Legion Bridge 

3. Bridge Engineering Overview FY03 

4. Congress Street Bridge 

5. McArdle Bridge 

6. North Washington Street Bridge 

7. North Washington Street Bridge 

8. Sullivan Square Overpass 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $3,240,000.00 FOR STREET 
LIGHTING INSTALLATION AND TRAFFIC 
SIGNAL EQUIPMENT FOR THE PURPOSES 
OF THE PUBLIC WORKS AND 
TRANSPORTATION DEPARTMENTS 

(DOCKET NO. 0761) 

Ordered: That the sum of Three Million Two Hundred 
Forty Thousand DollaRS ($3,240,000) be, and hereby 
is, appropriated for street lighting installation, and traf- 
fic signal equipment for the purposes of the Public 
Works and Transportation Departments; and that to 
meet said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause 
(14) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 



JUNE 5, 2002 



155 



bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1. Street Lighting installation FY03 

2. Traffic Signal Equipment FY03-07 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $810,000.00 FOR THE PUR- 
POSE OF PLANNING DESIGNINa ACQUIR- 
ING LAND FOR, CONSTRUCTING AND 
ORIGINALLY EQUIPPING STRUCTURES 
AND FACILITIES AND FOR REMODELING 
RECONSTRUCTING OR MAKING MAJOR 
ALTERATIONS, ADDITIONS AND MAJOR 
REPAIRS TO EXISTING FACILITIES FOR 
THE PURPOSES OF THE NEIGHBORHOOD 
DEVELOPMENT AND PARKS AND 
RECREATION DEPARTMENTS (DOCKET 
NO. 0762) 

ORDERED: That the sum of Eight Hundred Ten 
Thousand Dollars ($810,000) be, and hereby is, appro- 
priated for the planning, designing, acquiring land for, 
constructing and originally equipping structures and 
facilities and for remodeling, reconstructing, or making 
major alterations, additions and major repairs to existing 
facilities including original equipment and landscaping, 
including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction or repair for the purposes of 
the Neighborhood Developinent and Parks and 
Recreation Departments, and that to meet said appropri- 
ation the Collector/Treasurer be, and hereby is, autho- 
rized under the provisions of Chapter 642 of the Acts of 
1966, as amended, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on the project as described by name 
attached herein. 

Attachment 

1. Long Island Pier Facility 

2. Street Tree Planting FY02-04 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $8,645,000.00 FOR THE 
PURPOSE OF THE CONSTRUCTION OF 
MUNICIPAL OUTDOOR RECREATIONAL 
AND ATHLETIC FACILITIES, INCLUDING 
THE ACQUISITION AND DEVELOPMENT 
OF LAND AND THE CONSTRUCTION AND 
RECONSTRUCTION OF SUCH FACILITIES, 
FOR THE PURPOSES OF THE PARKS AND 
RECREATION DEPARTMENT (DOCKET NO. 
0763) 

ORDERED: That the sum of Eight Million Six 
Hundred Forty Five Thousand Dollars ($8,645,000) be, 
and hereby is, appropriated for the construction of 
municipal outdoor recreational and athletic facilities, 
including the acquisition and development of land and 
the construction and reconstruction of such facilities, for 
the purposes of the Parks and Recreation Department; 
and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized luider 
the provisions of Clause (25) of Section 7 of Chapter 44 
of the General Laws, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 



indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Christopher Columbus Park(Waterfront) 

2. Court Renovations FY03 

3. Dorothy Curran Play lot 

4. English High Field 

5. General Parks Improvements FYOl-04 

6. George Wright Golf Course 

7. Harambee Park 

8. Joe Moakley Park Synthetic Turf 

9. McLaughlin Playground 

10. Muddy River Stormwater Controls and Dredging 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING THE CITY TO ENTER 
INTO ONE OR MORE LEASE, LEASE-PUR- 
CHASE OR INSTALLMENT SALES AGREE- 
MENTS IN FY03 IN AN AMOUNT NOT TO 
EXCEED $3,500,000.00 AND IN FY04 IN AN 
AMOUNT NOT TO EXCEED $5,000,000.00 
FOR DIFFERENT CITY DEPARTMENTS FOR 
THE ACQUISITION OF EQUIPMENT IN FUR- 
THERANCE OF THEIR RESPECTIVE GOV- 
ERNMENTAL FUNCTIONS (DOCKET NO. 
0764) 

Ordered: That pursuant to section II of Chapter 643 
of the Acts of 1983, the City of Boston, acting by and 
through its Purchasing Agent and its Collector- 
Treasurer, with the approval of the Mayor, is authorized 
to acquire the following departmental equipment by 
entering into one or more lease, lease-purchase or 
installment sales agreements in Fiscal Year 2003, in an 
amount not to exceed $3,500,000 and in Fiscal Year 
2004 in an amount not to exceed $5,000,000, in such 
form or forms as the Purchasing Agent and Collector- 
Treasurer may determine with the approval of the 
Mayor; computer equipment (hardware and software) 
motor vehicles and trailers, firefighting equipment, 
office equipment, photocopying equipment, telecom- 
munications equipment, medical equipment, school and 
educational equipment, school buses, parking meters 
and equipment functionally related to, and components 
of, the foregoing. 

And Further Ordered: That pursuant to section 9 of 
Chapter 643 of the Acts of 1983. the Collector-Treasurer 
be, and hereby is, authorized to execute and deliver, as 
appropriate, on behalf of the City of Boston, with the 
approval of the Mayor, trust, security and/or lease agree- 
ments and/or reimbursement agreements with attached 
letters of credit, and to procure, as appropriate, insur- 
ance to secure the City's obligation as authorized above 
all in such forni or forms as the Collector- Treasurer may 
determine with the approval of the Mayor 

Referred to the Committee on Ways and Means. 



STATEMENT OF COUNCILOR MURPHY 

Having unanimous consent to do so. Councilor 
MURPHY wanted to extend his heartfelt thanks to each 
Councilor for supporting and standing with him after a 
fourleen-hom day at the Democratic National 
Convention for his candidacy for Office of State 
Treasurer which he said was one of the most exciting 
days of his political career. 



CONSENT AGENDA 



156 CITY COUNCIL 



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

Councilor Feeney: Congratulating 4 persons for their 
faithful services to the Pope's Hill Neighborhood 
Association (Docket No. 0714). 

Councilor Murphy: Declaring May 22, 2002 as 
"Stephen Brady Day" (Docket No. 0715); Declaring 
May 22, 2002 as "Peggy A. Cobb Day" (Docket No. 
0716). 

Councilor Honan: Congratulating Gerry Walsh 
(Docket No. 0717); Congratulating Proctor and Eloise 
Houghton (Docket No. 0718); Declaring June 9, 2002 as 
"Brad Rush Day" (Docket No. 0719); Declaring May 
22, 2002 as "Captain Detective Melbert Aheam Day" 
(Docket No. 0720); Declaring May 31, 2002 as 
"Detective Sergeant Thomas Creavin Day" (Docket No. 
0721); Congratulating Steve Brady (Docket No. 0722). 

Councilor Turner: Congratulating Rev. Willie Dubose 
(Docket No. 0723); Congratulating Rev. Dr. Renee P 
Wormack-Keels (Docket No. 0724); Congratulating 
United Baptist Church Congregation (Docket No. 
0725); Congratulating Rev. Dr. J. Anthony Lloyd 
(Docket No. 0726). 

Councilor Flaherty: Congratulating Paul Norton 
(Docket No. 0727). 

Councilor Yancey: Honoring Thomas Kolterjahn 
(Docket No. 0728). 

Councilor Kelly: Declaring May 26, 2002 as "John J. 
SuUivan Day" (Docket No. 0729). 

Councilor Scapicchio: Congratulating Theresa 
D'Alelio (Docket No. 0730). 

Councilor Hennigan: Congratulating 14 persons in 
their involvement in the Rossie Reps Youth Council. 

(Docket No. 0731). 

Councilor Honan: Congratulating Cherie Krigsman. 
(Docket No. 0732). 

Councilor Feeney: Declaring June 1, 2002 as "Joseph 
Cicconi Day" (Docket No. 0733). 

Councilors Murphy and Flaherty: Declaring May 31, 
2002 as Paul "Duke" Jelley Day (Docket No. 0734). 

Councilor Feeney: Congratulating Richard "Rosco" 
O'Shea. (Docket No. 0735); Congratulating James 
McCarron (Docket No. 0736); Congratulating Ann 
O'Donnell (Docket No. 0737). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 3:35 p.m., on motion of President 
Flaherty, in memory of Robert M. Welsh and Adele 
Patrino, to meet again on Wednesday, June 12, 2002 at 
12:30 p.m. 



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



CITY COUNCIL 



157 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, June 12, 2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:45 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

Rabbi William Hamilton, Congregation Kehillath 
Israel, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR TURNER 

Councilor TURNER presented resolutions to four 
students and a teacher from the the Timilty School for 
their activism and zest for the future. 



VISITOR TO CITY COUNCIL 

President FLAHERTY introduced Councilor-Elect 
Robert Consalvo to the Chamber, who will be joining 
the Council next week after his swearing in on Sunday. 
He congratulated Mr. Consalvo, and welcomed him on 
behalf of all the Councilors. 



ORDER AUTHORIZING BOSTON 2:00 TO 6:00 
AFTER-SCHOOL INITIATIVE TO ACCEPT 
AND EXPEND GRANT OF $200,000 FROM 
U.S. DEPARTMENT OF EDUCATION FOR 
PURPOSE OF IMPROVING WORKFORCE 
DEVELOPMENT FOR OUT-OF-SCHOOL 
TIME PROVIDERS AND YOUTH WORKERS 
IN CITY (DOCKET NO. 0765) 

The following was received: 

City of Boston 
Office of the Mayor 

June 4, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the Boston 2:00-to-6:00 After-School Initiative, 
in accordance with Chapter 44, Section 53A of the 
Massachusetts General Laws, to accept and expend a 
grant award in the amount of $200,000 from the U.S. 
Department of Education. This grant is for the purpose 
of improving workforce development for out-of-school 
time providers and youth workers in the City of Boston. 
I urge your Honorable Body to approve this Order at 
the earliest date possible so that the Boston 2:00-to-6:00 
After-School Initiative can move forward. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to .section 53A of chapter 
44 of the General Laws, the City of Boston, acting by 
and through its Boston 2:00-to-6:00 After-School 
Initiative, be. and the same hereby is, authorized to 
accept and expend a grant award in an amount not to 
exceed TWO HUNDRED THOUSAND DOLLARS 
($200,000) from the Fund for Ihc Improvement of 
Education at the United States Department of Education 
for the purpose of improving workforce dcvelopmenl 



for out-of-school time providers and youth workers in 
the City of Boston. 

Referred to the Committee on Education and 
School Matters. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $1,900,000 TO COVER PRO- 
JECTED DEFICITS IN PUBLIC HEALTH 
COMMISSION AND IN YOUTH FUND 
(DOCKET NO. 0766) 

The following was received: 

City of Boston 
Office of the Mayor 

June 11,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith a supplemental appropriation 
order in the amount of $1,900,000 for FY02 expenses. 
This appropriation will cover projected deficits in the 
Public Health Commission and in the Youth Fund. The 
Youth Fund appropriation of $1,792,000 will cover the 
shortfall in State funding for the Sunnner Jobs Program. 
The appropriation of $108,000 for the Public Health 
Commission will cover the cost of an additional 90 
homeless beds that were needed to accommodate the 
winter overflow at the Long Island Shelter and the 
Woods Mullen Shelter. 

Motor Vehicle Excise Tax receipts have exceeded the 
estimate used to set the FY02 tax rate. Those receipts 
are now available to fund this request while maintaining 
a balanced budget. I respectfully request your support of 
this supplemental appropriation. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
in the fiscal period commencing July 1, 2001 and end- 
ing June 30, 2002, the sum of ONE MILLION NINE 
HUNDRED THOUSAND DOLLARS ($1,900,000) be, 
and the same hereby is appropriated as follows, said 
sum to be met by available funds: 

Youth Fund 2002-1 00-448 1 00-56200 $ 1 ,792 .000 

Public Health Commission 2002- 1 00-620 1 00-56200 $ 1 08.000 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR 
AND ACCEPT FEDERAL FY02 SHELTER 
PLUS CARE GRANT OF $5,000,000 FROM 
U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (DOCKET NO. 
0767) 

The following was received; 

City of Boston 
Office of the Mayor 

June 10. 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for and accept a 
Federal Fiscal Year 2002 Shelter Plus Care crant in an 
amount not to exceed FIVE MILLION DOLLARS 
($5,000,000) from the U. S. Department of Housing and 
Urban Development (HLID). 

I urge you ti> adopt (his order as soon as possible so 
that the City mav submit its application to Hl'D h\ the 
June 21, 2002 deadline. 



158 



CITY COUNCIL 



Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is, autho- 
rized to apply for a FY2002 Shelter Plus Care grant in 
an amount not to exceed FIVE MILLION DOLLARS 
($5,000,000) from the U.S. Department of Housing and 
Urban Development, and to accept said fiinds in accor- 
dance with section 53A of chapter 44 of the General 
Laws, for the purposes for which the funds were 
granted, and, in connection therewith, to execute and 
deliver such documents as may be required by the fed- 
eral government. 

Referred to the Committee on Planning and 
Economic Development. 

Later in the session. Councilor HENNIGAN moved 
reconsideration of Docket No. 0767. 

The motion prevailed. 

Referred to the Cominittee on Housing. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 0768) 

The Constable's Bonds of the following, having been 
duly approved by the Collector-Treasurer, were received 
and approved: 



Anthony Baker 
Robert D. Clemon 
Peter J. Gallimore 
Barry W. Gaughran 
David A. Johnson 
William G. Joyce 



Marie A. Kashmanian 
Whitney V. LaRoache 
Ayubur Rahman 
Jack E. Tracy 
Albert B. Tranquillino 
Arturo Wallen 



REPORT ON ORDER AUTHORIZING LIBRARY 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $842,522 FROM BOARD OF 
LIBRARY COMMISSIONERS FOR PURPOSE 
OF SUPPORTING IMPLEMENTATION OF 
INTEGRATED LIBRARY SYSTEM (DOCKET 
NO. 0139) 

Councilor TOBIN, on behalf of the Committee on 
City and Neighborhood Services, submitted the follow- 
ing: 

Report on Docket No. 0139, message of the Mayor 
and order authorizing the Library Department to accept 
and expend a grant of $842,522 from the Board of 
Library Commissioners for the purpose of supporting 
the implementation of an Integrated Library System 
(referred January 16) - recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR ANNUAL APPROPRIA- 
TION AND TAX ORDERS FOR FY03 
(DOCKET NO. 0454) 

Councilor ROSS, on behalf of the Committee on 
Ways and Means, submitted the following: 

Report on Docket No. 0454, message of the Mayor 
and order for Annual Appropriation and Tax Order for 
FY03 (referred April 10) - recommending the order be 
rejected without prejudice. 

The report was accepted; the order was rejected 
without prejudice. 



Councilor ROSS, on behalf of the Committee on 
Ways and Means, submitted the following: 

Report on Docket No. 0455, message of the Mayor 
and order for Annual Appropriation for the School 
Department for FY03 (referred April 10) - recommend- 
ing the order be rejected without prejudice. 

The report was accepted; the order was rejected 
without prejudice. 



REPORT ON ORDER ACCEPTD>IG PROVISIONS 
OF CHAPTER 116 OF ACTS OF 2002 
(DOCKET NO. 0663) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0663, message of the Mayor 
and order accepting the provisions of Chapter 1 1 6 of the 
Acts of 2002 (referred May 22) - recommending pas- 
sage of the order. 

The report was accepted; the order was passed; yeas 
12. 



ORDER RE: SECTION 6 OF CHAPTER 116 OF 
ACTS OF 2002 (DOCKET NO. 0797) 

Councilor FEENEY offered the following: 

WHEREAS: The provisions of Chapter 116 of the 
Acts of 2002 (Early Retirement Incentive) have been 
adopted by the City of Boston; and 

WHEREAS: Section 6 of said Chapter requires the 
vote of the local legislative body to allow members of a 
certain class ("Certain Public Employees Creditable 
Retirement Service Time for Active Service in the 
Armed Forces") additional time to allow such members 
an additional period of time to apply for such creditable 
service; Therefore be it 

ORDERED: That the Boston City Council, as the leg- 
islative body of the City of Boston, approves an addi- 
tional period of time for employees referenced in 
Section 6 of Chapter 1 1 6 of the Acts of 2002 to apply for 
creditable service in accordance with said Section 6. 

On motion of Councilor FEENEY, the order was 
passed; yeas 12. 



REPORT ON ORDER FOR ANNUAL APPROPRIA- 
TION FOR SCHOOL DEPARTMENT FOR 
FY03 (DOCKET NO. 0455) 



RESOLUTION IN SUPPORT OF THE LAU 
COMPLIANCE PLAN (DOCKET NO. 0772) 

Councilors Chuck Turner, Mickey Roache, Stephen 
Murphy, Michael Ross, Maura Hennigan, Charles 
Yancey, Brian Honan offered the following: 

WHEREAS, the Lau Compliance Plan (Lau Plan) 
was developed to provide the Boston Public Schools 
with a comprehensive and workable educational blue- 
print for educating bi-lingual / multicultural school chil- 
dren 

WHEREAS, the Lau Plan is a working agreement 
between the Boston Public Schools and the Bilingual 
Master Parents Advisory Council that provides equal 
access to a meaningful high quality education for all 
children 

WHEREAS, the Lau Plan is the bench mark of the 
commitment of the Boston Public Schools and the 
Master PAC to bilingual/multicultural children who, 
like all children, go to school with the desire to learn 

WHEREAS, the Lau Plan establishes clear objectives 
for the BPS, based on sound education principals, as a 
means of periodical evaluation of the progress and 
effectiveness of the BPS in educating limited English 
speaking students 

WHEREAS, the Lau Plan opens the door for mean- 
ingful parent and community involvement in the bilin- 
gual/multicultural program offered by the BPS, 



JUNE 12, 2002 



159 



Therefore be it 

RESOLVED, that the Boston City Council ask the 
Boston School Committee to negotiate with the 
Bilingual Master Parent Advisory Council to renew 
again the Lau Plan, which the Boston School 
Committee and the Master PAC first entered in 
November 30,1979 and renewed in 1981, 1985, and 
1992 

On motion of Councilor Turner, the rules were sus- 
pended, the resolution was adopted. 



ORDER RE: THE NEW FEDERAL LAW, REQUIR- 
ING SCHOOL DISTRICTS TO OFFER PAR- 
ENTS OF STUDENTS IN SO-CALLED 
"UNDER-PERFORMING SCHOOLS" THE 
OPTION TO MOVE THEIR CHILDREN TO 
HIGHER-SCORING SCHOOLS WITHIN THE 
DISTRICT AT DISTRICT EXPENSE. 
(DOCKET NO.0769) 

Councilor FLAHERTY offered the following 

WHEREAS, federal law enacted in January of 2002 
set new guidelines to measure public school and public 
school student performance levels; and 

WHEREAS, in compliance with the federal mandate 
the Massachusetts Department of Education has devel- 
oped a list of so-called "under-performing schools" 
based on student scores on the Massachusetts 
Comprehensive Assessment System Examination; and 

WHEREAS, sixty-five Boston public schools have 
been placed on the "underperforming school list devel- 
oped by the Massachusetts Department of Education; 
and the schools on this list include schools at the ele- 
mentary, middle and high school levels and the schools 
on this list represent schools in neighborhoods across 
the city; and; 

WHEREAS, the new federal law requires school dis- 
tricts to offer parents of students in so-called,under-per- 
forming schools" the option to move their children to 
higher-sitting schools within the district at district 
expense and the federal law stipulates that Title 1 1 fed- 
eral funds must be utilized to pay for transportation 
costs of students seeking transfer; and 

WHEREAS, how this requirement will interact with 
Boston's existing "limited choice" policy is unclear and 
the full implementation of this law will have far-reach- 
ing policy and budgetary implications for the school 
department; now therefore be it 

ORDERED, that the Committee on Education & 
School Matters and Committee on Ways & Means of the 
Boston City Council conduct a joint hearing with appro- 
priate officials from the school department and office of 
management and budget to determine how the new fed- 
eral law will impact the school system, what plans are 
being made to comply with the federal law and what fis- 
cal impact the law will have on the school department 
budget. 

Filed in City Council. Referred the Committee on 
Education & School Matters. 



RESOLUTION URGING LEONARD SAMIA (THE 
SAMIA COMPANIES.. LOURDES REALTY 
TRUST) TO NEGOTIATE WITH THE 25-29-33 
LOURDES AVE. TENANT ASSOCIATION.. 
(DOCKET NO. 0770) 

Councilor TOBIN offered the following 

WHEREAS, There is a housing crisis in the City of 
Boston which is resulting in the displacement of thou- 
sands of families and individuals; and 

WHEREAS, This housing crisis if felt severely in the 
neighborhood of Jamaica Plain; and 

Whereas, Many people at 25-29-33 Lourdes Ave. are 



threatened with displacement because of the increasing 
rent demands of the owner. The Samia 
Companies/Lourdes Realty Trust; and 

WHEREAS, Residents have organized a Tenant 
Association to protect their homes and have requested 
the support of the Boston City Council; and 

WHEREAS, The Tenant Association is seeking nego- 
tiations towards a collective bargaining agreement with 
owner Leonard Samia (The Samia Companies, Lourdes 
Realty Trust) regarding rents and conditions over the 
next 5 years; and 

WHEREAS, The owner is seeking evictions of ten- 
ants who are not paying the most recent rent increase 
and has refused negotiations with the Tenant 
Association about rent increases; and 

WHEREAS, All current evictions of tenant associa- 
tion members are for failure to pay rent increases, not 
for any other cause; and 

WHEREAS, Mr. Samia owns considerable property, 
thousands of units, in the City of Boston, and should 
negotiate with tenant associations, therefore be it 

WHEREAS, That the Boston City Council goes on 
record urging Leonard Samia (The Samia Companies, 
Lourdes Realty Trust) to negotiate with the 25-29-33 
Lourdes Ave. Tenant Association around rents and con- 
ditions; and further be it 

WHEREAS, That the Boston City Council expresses 
support for negotiations seeking to find a just balance 
between investors' desire for maximum profit and resi- 
dents' desire for secure homes and the community's 
need for affordable housing; and further be it 

WHEREAS, That the Boston City Council urges Mr. 
Samia to refrain from evictions solely based on failure 
to pay increases in order to better complete negotiations. 

Adopted. 



ORDER FOR HEARING RE: ASTHMA AND OTHER 
RESPIRATORY ILLNESS TRENDS IN THE 
CITY. (DOCKET NO. 0771) 

Councilors MURPHY, ROACHE, FLAHERTY, 
FEENEY, TURNER, HENNIGAN, YANCEY, 
SCAPICCHIO and HONAN offered the following: 

WHEREAS, Incidents of asthma and other respira- 
tory illnesses have dramatically risen over the past 20 
years; and 

WHEREAS, City residents have higher incidents of 
respiratory illnesses due to poorer air quality and the 
presence of other environmental triggers; and 

WHEREAS, Asthma continues to be a major health 
problem, particularly difficult for seniors and dispropor- 
tionately affecting children; and 

WHEREAS, Statistics show that Hospitalization rates 
for children under five vary dramatically between 
Boston's neighborhoods, and while asthma affects peo- 
ple of all ages, races and ethnic groups, low income and 
minority populations experience substantially higher 
rates of hospital admissions, emergency room visits and 
fatalities; and 

WHEREAS, The Boston Public Health Commission 
has long been researching asthma and respiratory illness 
issues and providing programs to identify and manage 
these illnesses; therefore be it 

ORDERED, That the Boston City Council hold a 
hearing to be advised of the latest information on 
asthma and other respirator,' illness trends in the City of 
Boston, our ongoing ett'orls in combating these illnesses 
within various populations and neighborhoods, and 
what further efforts need to be implemented to identify 
and educate people at risk and the public at large. 

Referred to the Committee on Public Health. 



APPOINTMENT OF TEMPORARY EMPLOYEES 



160 



CITY COUNCIL 



(DOCKET NO. 0798) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, June 22, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, June 28, 
2002: 

Lorraine E. Fowlkes, Secretary, $1246.65/week, full 
time. 

Felix Arroyo-Montano, Administrative Asst., 
$959.25/week, full time. 

Richard Wood, Administrative Asst., $721.30/week, 
part time. 

Angela S. Yarde, Administrative Asst., 
$1225.75/week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0799) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, June 29, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 

Lorraine E. Fowlkes, Secretary, $865.40/week, full 
time. 

Felix Arroyo-Montano, Administrative Asst., 
$846,16/week, full time. 

Richard Wood, Administrative Asst., $346.36/week, 
part time. 

Angela S. Yarde, Administrative Asst., $576.93/week, 
full time. 

Passed under suspension of the rules. 



ORDER AUTHORIZING COMMISSIONER OF 
PARKS AND RECREATION DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$62,000 FROM DEPARTMENT OF ENVIRON- 
MENTAL MANAGEMENT TO BE USED 
SOLELY TO PROVIDE FUNDING FOR CAPI- 
TAL PARKS PROJECT ENTITLED "ARBOR- 
WAY MASTER PLAN" (DOCKET NO. 0179) 

Councilor TOBIN called Docket No. 0179 from the 
Committee on City and Neighborhood Services. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor TOBIN, the order was 
passed. 



STATEMENT OF COUNCILOR KELLY 

Having unanimous consent to do so. Councilor Kelly 
asked that when we adjourn today, we do so in memory 
of Sharon Yokaitis, an activist in Dorchester who died 
suddenly. 



STATEMENT OF COUNCILOR FEENEY 

Having unanimous consent to do so. Councilor 
Feeney asked when we adjourn today, we do so also in 
memory of Chris O'Brien, brother of Marty O'Brien, 
who died suddenly this past weekend. 



STATEMENT OF PRESIDENT FLAHERTY 

President FLAHERTY, on behalf of himself and 
Councilor KELLY wanted to adjourn also in memory of 
Edward Shaughnessy, brother of Margaret 



Shaughnessy-Lynch, Congressman Lynch's wife, 
also died suddenly. 



who 



STATEMENT OF COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO invited the Councilors to a 
meeting on Friday dealing with Health Centers, not a 
Policy Series but very important to all communities. 



CONSENT AGENDA 

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

Councilor Tobin: Congratulating Oscar Santos 
(Docket No. 0773); Congratulating Marilyn Walsh 
(Docket No. 0774); Congratulating Junia Yearwood 
(Docket No. 0775). 

Councilor Turner: Congratulating 6 persons from the 
Samuel W. Mason Elementary School (Docket No. 
0776). 

Councilor Honan: Congratulating John Bush (Docket 
No. 0777); Congratulating Colonel William Lee 
(Docket No. 0778); Congratulating 8 persons for their 
support of the Allston-Brighton Improvement 
Association (Docket No. 0779). 

Councilor Scapicchio: Congratulating John D. 
Dennehy (Docket No. 0780). 

Councilors Turner, Yancey, Roache, Honan, 
Hennigan, Flaherty and Murphy: Congratulating 
Senator Royal L. Boiling, Sr. (Docket No. 0781). 

Councilor Turner: Congratulating Michael "Kim" 
Marshall (Docket No. 0782). 

Councilors Turner and Yancey: Congratulating the 
Board of Directors of Members of the New England 
Chapter/National Association of Minority Contractors 
(NAMC) (Docket No. 0783). 

Councilors Feeney and Roache: Honoring Ed Roche 
(Docket No. 0784). 

Councilor Honan: Recognizing 28 Police Officers 
(Docket No. 0785); Recognizing EMT Robert Barber 
(Docket No. 0786); Recognizing EMT Deirdre 
Manning (Docket No. 0787). 

Councilor Roache: Congratulating Leon Dryjer 
(Docket No. 0788); Congratulating Theresa Allen 
(Docket No. 0789). 

Councilor Kelly: Declaring June 9, 2002 as John T 
"Doc" and Mary Tynan Day (Docket No. 0790); 
Congratulating Joe O'Neil (Docket No. 0791 ). 

Councilor Yancey: Congratulating the Yoruba 
Community of Massachusetts (Docket No. 0792); 
Congratulating Tom Kershaw (Docket No. 0793); 
Congratulating Rachel Mitchell (Docket No. 0794); 



Congratulating Vietnam-American Civil 
(Docket No. 0795). 



Association 



Councilors Turner and Yancey: Congratulating the 
Boston Public Health Commission's Healthy 
Baby/Healthy Child Program (Docket No. 0796). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 3:00 p.m. on motion of President 
Flaherty, in memory of Sharon Yokaitis, Chris O'Brien 
and Edward Shaughnessy, to meet again on Wednesday, 
June 19, 2002 at 12:30 p.m. 



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



CITY COUNCIL 



161 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, June 19, 2002 

Regular meeting of the City Council, held in the 
Christopher A. lannella Chamber, City Hall, at 12:50 
pm. President Flaherty in the Chair. Absent, Councilor 
Tobin. 



INVOCATION 

Reverend Stephen Kendrick, 1st and 2nd Church, 
delivered the invocation and the meeting was opened 
with the pledge of allegiance to the flag 



ORDER AUTHORIZING THE PARKS AND 
RECREATION DEPARTMENT TO APPLY 
FOR, ACCEPT AND EXPEND GRANTS OF 
$5,000.00 FROM THE BOSTON HOUSING 
AUTHORITY SOLELY TO PROVIDE FUND- 
ING FOR THE CAPITAL PARKS PROJECT 
ENTITLED THE "ARBORWAY MASTER 
PLAN" (DOCKET NO. 0800) 

The following were received: 



Referred to the Committee on City and 
Neighborhood Services. 



MESSAGE AND ORDER FOR ANNUAL APPROPRI- 
ATION AND TAX ORDERS FOR FY03. FILED 
IN THE OFFICE OF THE CITY CLERK JUNE 
18, 2002 (DOCKET NO. 0801) 



The following was received: 

City of Boston 
Office of the Mayor 



June 18, 2002 



To the City Council. 
Dear Councilors: 



I retransmit herewith my Recommended Budget for 
Fiscal Year 2003 for the City of Boston and County of 
Suffolk. The Recommended Operating Budget totaling 
$1.8 billion is 3 percent greater than the Fiscal Year 
2002 Budget. 

As you are aware, the City is still awaiting final 
action on the State's Fiscal Year 2003 Budget - the 
Senate has recently completed their deliberations and 
conference committee action will commence shortly. 
State control over the City's second largest source of 
revenue creates uncertainties during budget formula- 
tion. This resubmitted budget is based on the best infor- 
mation available about the likely outcome of the State's 
Fiscal Year 2003 Budget. Even with the actions taken to 
date in the legislature, the City will most likely find 
itself without any significant increase in slate aid over 
last year. With current estimates of state revenues for 
Fiscal Year 2003 approximately $500 million below the 
amounts budgeted by the State, con.servatism is prudent. 
The budget before you still remains a challenging one. 
I have been provided with a level of comfort that 
allows me to reflect in this resubmission a responsible 
allocation of expected additional resources to continue 
our focus on the City's core priorities: 

• Additional funding has been included for a new 



police class in January. The Police Department has 
worked hard to redeploy officers to their primary job 
function, that of protecting the lives and safety of citi- 
zens. The original budget transmission in April reflected 
the civilianization of duties which resulted in forty offi- 
cers, a complement of experienced sworn officers 
almost equivalent to a new class, being reassigned to 
direct service positions in Fiscal Year 2003. This resub- 
mitted budget, which reflects civilianization of duties, a 
graduating class of fifty officers in the Fall 2002, along 
with a new class in January will position the department 
strategically for the future. 

• An additional $10.3 million has been added for the 
Boston Public Schools to restore school-based positions 
at all schools and to address maintenance projects and 
critical repair needs of school facilities. 

• An appropriation for affordable housing has been 
included reflecting my strong commitment to increase 
and protect Boston's affordable housing supply. The sale 
of 154 Berkeley Street is scheduled for the last week of 
June, providing the funding for the second $13 million 
appropriation of the City's $33 million commitment. 

This resubmission also includes funding for the fol- 
lowing: 

• An additional allocation in the Public Works 
Department for citywide trash and disposal contracts 

• A citywide reserve for collective bargaining 

• Finance Commission at Fiscal Year 2002 level 

• Community grants for Cultural and Safe 
Neighborhood Youth Funds 

• Groundwater Trust 

My administration will continue to advance the 
Boston Cultural Agenda as a whole, with a particular 
focus next year on the priority areas of arts program- 
ming that serves Boston's youth and providing greater 
access to cultural activities for residents. In Fiscal Year 
2003, the City will leverage the Community Capacity 
Building and Partnerships Program within Boston 
Centers for Youth and Families to administer commu- 
nity grants targeted for youth and families. 

I wish to thank the City Council for their thoughtful, 
deliberative hearing process. 1 am hopeful that as diffi- 
cult as this budget has been, it has enabled us to focus 
on our priorities, strengthening our resolve to preserve 
our strong foundation and plan responsibly for the 
future. 

This budget balances competing priorities within the 
City's available resources. In response to the state's 
structural budget deficit we made some difficult deci- 
sions, yet worked hard together to find ways to deliver 
city services more efficiently. We must continue to exer- 
cise fiscal discipline in the years ahead. 

I respectfully request your favorable action on the 
Fiscal Year 2003 Operating Budget and the Five Year 
Capital Plan for FY03 to FY06. 

Sincerely, 

Thomas M. Menino. 
Mayor of Boston 



Appropriation and Tax Order for the fiscal year 
Commencing July 1,2002 and ending June 30.2003 

ORDERED: 

1. That to meet the current expenses of the City of 
Boston and the County of SulTolk, in the fiscal year 
commencing July 1,2002 and ending June 30,2003, the 
respective sums of money specified in the schedules 
hereinafter set out, be, and the same hereby are. appro- 
priated for expenditure under the direction of the respec- 
tive boards and officers severally specified, for the sev- 
eral specific purposes hereinafter dcsigiiated and. except 



162 CITY COUNCIL 



a 



for transfers lawfully made, for such purposes only said 
appropriations, to the extent they are for the mainte- 
nance and operation of parking meters, and the regula- 
tion of parking and other activities incident thereto 
(which is hereby determined to be $10,000,000), being 
made out of the income from parking meters and, to the 
extent they are for other purposes, being made out of the 
proceeds from the sale of tax title possessions and 
receipts from tax title redemptions in addition to the 
total real and personal property taxes of prior years col- 
lected from July 1, 2001 up to and including March 31, 
2002, as certified by the City Auditor under Section 23 
of Chapter 59 of the General Laws, and out of available 
funds on hand July 1,2002, as certified by the Director 
of Accounts under said Section 23, and the proceeds 
from the sale of surplus property to be transferred in an 
amount not to exceed $14,876,000 pursuant to the pro- 
visions of Section 24 of Chapter 190 of the Acts of 1982 
as amended by Section 4 of Chapter 701 of the Acts of 
1986, and the balance of said appropriations to be raised 
by taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: 



< 



JUNE 19, 2002 



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CITY COUNCIL 



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JUNE 19, 2002 



165 



FURTHER ORDERED: 

n. That to meet so much of the expenses of maintain- 
ing, improving and embelhshing in the fiscal period 
commencing July 1,2002 and ending June 30, 2003, 
cemeteries owned by the City of Boston, or in its 
charge, as is not met by the income of deposits for per- 
petual care on hand December 31, 2001, 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 direction of the Commissioner of 
Parks and Recreation: 

400100 

Cemetery Division Parks and Recreation Department 
$1,849,004 

Referred to the Committee on Ways and Means. 



ORDER FOR ANNUAL APPROPRIATION FOR THE 
SCHOOL DEPARTMENT FOR FY03.FILED IN 
THE OFFICE OF THE CITY CLERK JUNE 18, 
2002 (DOCKET NO. 0802) 



The following was received: 



City of Boston 
Office of the Mayor 



June 18, 2002 



To the City Council. 
Dear Councilors: 



I retransmit herewith an appropriation order for the 
Boston Public Schools for Fiscal Year 2003 in the 
amount of $650,025,652: submitted pursuant to the pro- 
visions of Chapter 224 of the Acts of 1936, as amended 
by Chapter 190 of the Acts of 1982, as further amended 
by Chapter 701 of the Acts of 1986, Chapter 613 of the 
Acts of 1987, and Chapter 108 of the Acts of 1991. This 
order contains an increase of $10,296,45 1 over the bud- 
get as originally submitted in April. 

This budget continues my commitment to improving 
education. The recommended budget I submitted back 
in April reflected cuts that were made in other valuable 
City services in order to mitigate the impact on educa- 
tion. The Superintendent and the Boston School 
Committee, along with parents, worked hard to preserve 
areas that would have the most direct effect on students. 
Our goal has always been to minimize the impact at the 
school level 

The April submission reflected adjustments in the 
standard staffing formula at the secondary level that 
resulted in a loss of school-based positions, as well as 
reductions in the per capita allocations to support 
Transition Service Programs at all school levels. With 
the expected availability of additional resources, this 
budget succeeds in providing approximately $6 million 
to restore these reductions. Our top priority for the allo- 
cation of additional resources reflects our commitment 
to insure that all students and all schools have access to 
available resources on an equitable basis. 

In addition, close to $3 million has been restored to 
address maintenance projects and critical repair needs of 
school facilities. The resubmission also includes fund- 
ing for the restoration of ten health paraprofessionals, as 
well as the cost associated with a collective bargaining 
agreement not approved in time to be included in the 
April submission. 

Over the past two months, concern has been raised 
over the restructuring of Parent and Family Support 
Services. Recognizing the specific concerns surround- 
ing the level of support for parents of students with dis- 
abilities, the position of ombudsperson, reporting 
directly to the Team Leader lor Unified Student 



Services, will be established with a singular focus on the 
needs of parents to insure appropriate services for stu- 
dents with disabilities. This position will serve to sup- 
port parents in resolving issues within the Boston Public 
Schools. 

Academic achievement is happening in the City. I am 
confident that this investment will succeed in our unwa- 
vering commitment to focus on children. 

The Boston School Committee and the 
Superintendent have submitted a budget that balances 
competing priorities within available resources. I 
respectfully request your support of the Fiscal Year 
2003 appropriation for the Boston Public Schools. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston 



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 o[the Acts of 
1986, Chapter 613 of the Acts of 1987, and Chapter 108 
of the Acts of 1991, to meet the current operating 
expenses of the School Department in the fiscal period 
commencing July 1, 2002 and ending June 30, 2003, the 
sum of $650,025,652 be, and the same hereby is, appro- 
priated, said sum to be raised by taxation pursuant to 
Section 23 of Chapter 59 of the General Laws: 

Boston School Department $650,025,652 

Referred to the Committee on Ways and Means. 



COMMUNICATION RECEIVED ELECTION RE: 
RESULTS OF ELECTION HELD IN DISTRICT 
FIVE FOR CITY COUNCIL (DOCKET NO. 
0803) 



The following was received: 



City of Boston 
Election Department 

June 14, 2002 

Dear Ms. Salerno: 

The Board of Election Commissioners certifies that 
the individual listed below was duly elected at the 
Special City Election on June 4,2002 to the office of 
City Councillor for the unexpired term in District Five 
replacing Daniel F. Conley. 

City Councillor District Five (elected for unexpiied term) 

RobConsalvo, 18AChittick Road, Districts 



Respectfully yours. 



Nancy A. Lo. 

Chair 



Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0804) 

Notice was received from the Mayor of his absence 
from the City on June 14, 2002 until June 18. 2002. 

Placed on file. 



NOTICE WAS RECEIVED FROM THE 
DEPARTMENT OF TELECOMMUNICATIONS 
AND ENERGY FOR A HEARING RE: PETI- 
TION OF KEYSPAN ENERGY DELIVERY 



166 



CITY COUNCIL 



NEW ENGLAND FOR APPROVAL OF 
REVISED RATE TARIFFS FOR ITS 
MASSACHUSETTS GAS COMPANIES 
(DOCKET NO. 0805) 



The following were received: 



June 11,2002 



Re: Key Span Energy Delivery 

Department of Telecommunications and Energy 

D.T.E. 02-32 

Dear Sir/Madam: 

Enclosed is the Notice of Public Hearing of the 
Department of Telecommunications and Energy dated 
May 24,2002 regarding the Petition of KeySpan Energy 
Delivery New England for approval of revised rate tar- 
iffs for its Massachusetts gas companies: Boston Gas 
Company, Colonial Gas Company, and Essex Gas 
Company effective June 1, 2002. 



Very truly yours, 



Patricia Crowe 



DEPARTMENT OF 
TELECOMMUNICATIONS AND ENERGY 

NOTICE OF PUBLIC HEARING 

D.T.E.02-32 
May 24, 2002 

Petition of KeySpan Energy Delivery New England 
for approval of revised rate tariffs for its Massachusetts 
gas companies: Boston Gas Company, Colonial Gas 
Company, and Essex Gas Company effective July 1, 
2002. 

On May 10, 2002 KeySpan Energy Delivery New 
England ("KeySpan NE") or ("Company") filed a peti- 
tion with the Department of Telecommunications and 
Energy ("Department") for approval of revised rate tar- 
iffs for its Massachusetts gas companies: Boston Gas 
Company ("Boston Gas"), Colonial Gas Company 
("Colonial"), and Essex Gas Company ("Essex). 

The Company proposes to lower distribution rates set 
forth in the rate tariffs of Boston Gas, Colonial, and 
Essex in order to maintain revenue neutrality as its cus- 
tomer-information system is converted to a new system 
for uniformity with the Company's service territory in 
New York. The conversion will result in a new method 
of bill-calculation and bill format that is uniform with 
KeySpan's New York service territory. KeySpan 
requests that the revised rate tariffs become effective 
July 1, 2002. 

The Department will conduct a public hearing on 
Wednesday, June 12, 2002, at 10:00 A.M. at the 
Department's offices. One South Station, 2nd Floor, 
Boston, Massachusetts 02110. An evidentiary hearing 
will follow immediately. The Company's petition may 
be inspected at the Department's offices, Monday 
through Friday, between the hours of 9:00 A.M. and 
5:00 P.M. Additionally, the Company shall make copies 
available for inspection at KeySpan Energy Delivery, 
One Beacon Street, Boston, MA 02108. 

Any person who desires to file written comments or 
to otherwise participate in this proceeding shall submit 
an original and three (3) copies of such written com- 
ments, or petition for leave to intervene in the proceed- 
ing with Mary L. Cottrell, Secretary, Department of 
Telecommunications and Energy, One South Station, 
Boston, Massachusetts 02 1 1 0, not later than the close of 
business (5:00 RM.) on Monday, June 10, 2002. One 
copy of all written comments or petitions to intervene 
should be sent to the Company's attorney, 



Robert N. Wedin, Keegan, Werlin and Pabian, LLP, 
21 Custom House Street, Boston, MA 02110. 

A petition for leave to intervene must satisfy the tim- 
ing and substantive requirements of 220 C.M.R..§ 1.03. 
Receipt by the Department, not mailing, constitutes fil- 
ing and determines whether a petition has been timely 
filed. A petition filed late may be disallowed as 
untimely, unless good cause is shown for waiver under 
220 C.M.R.§ 1.01(4). To be allowed, a petition under 
220 C.M.R. § 1.03(1) must satisfy the standing require- 
ments of G.L. c. 30A. § 10. 

All written comments or petitions to intervene also 
should be submitted to the Department in electronic for- 
mat using one of the following methods; (1) by e-mail 
attachment to dte.efiling@state.ma.us or (2) on a 3.5" 
disk, IBM-compatible format. The text of the email or 
the disk label must specify: (1) the docket number of the 
proceeding (D.T.E. 02-32), (2) name of the person or 
company submitting the filing, and (3) a brief descrip- 
tive title of the document. The electronic filing should 
also include the name, title and phone number of a per- 
son to contact in the event of questions about the filing. 
Text responses should be written in either Word Perfect 
(naming the document with a "wpd" suffix), in 
Microsoft Word (naming the document with a ".doc" 
suffix), or as an Adobe PDF file (naming the document 
with a "pdf suffix). Data or spreadsheet responses 
should be compatible with Microsoft Excel. All written 
pleadings or comments submitted in electronic format 
will be posted on the Department's Website, 
http://www.mass.gov/dpu. 

Placed on file. 



PASSAGE OF THE GLOBALIZATION IMPACT 
BILL (H.21 19) (DOCKET NO. 0401) 

Councilor TURNER, on behalf of the Committee on 
Intergovernmental Relations, submitted the following: 

Whereas: National, state, and city governments use 
regulations and laws to protect the our economy, health, 
safety, and environment; and 

Whereas: The global free trade agreements such as 
the North American Free Trade Alliance and World 
Trade Organization prioritize the goal of "free trade" 
over all other values such as clean air, living wages, and 
consumer protection; and 

Whereas: These free trade agreements give compa- 
nies and foreign governments the right sue the U.S. gov- 
ernment over state laws they claim are "barriers to 
trade" such as bans on toxic substances, purchasing 
preferences for small businesses, or state ftinding for 
local economic development; and 

Whereas: Foreign governments and companies have 
used this power to challenge the US government in a 
number of legal actions; and 

Whereas: Modev International, a Canadian devel- 
oper, has filed a $50 million suit against the US govern- 
ment, claiming that they were treated unfairly by Boston 
officials and that Massachusetts state courts violated 
NAFT A when their Downtown Crossing retail project 
failed and the rights to Haywood Place were taken from 
them; and 

Whereas: Representative Byron Rushing has filed the 
Globalization Impact Bill (H.21 1 9) which would estab- 
lish a state commission to study the impact of the World 
Trade Organization and other trade agreements on 
Massachusetts laws and regulations; and 

Whereas: This state commission will regularly report 
to the legislature on these impacts and advise the 
Commonwealth on when to oppose provisions in global 
trade agreements. Therefore be it 

Resolved: That the Boston City Council gives it full 
support for the passage of the Globalization Impact Bill 
(H.2119) by the Massachusetts state legislature and gov- 
ernor. 



JUNE 19, 2002 



167 



The report was accepted; the resolution was 
adopted,. 

Yeas 8, nays 1 (Councilor Scapicchio). Absent or not 
voting 3 (Councilors Tobin, Honan, Kelly). 

Referrred to the Committee on Intergovernmental 
Relations. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0806) 

Councilor FLAHERTY for Councilor Ross offered 
the following: 

Ordered: That effective Saturday, June 22, 2002, the 
following named person(s) be, and hereby is, appointed 
to the position set against their name until Friday, June 
28, 2002: 

Michelle Morrison, Secretary, $2,016.28/week, full- 
time. 

Malta E. Rivera, Admin. Asst., $2,064. 18/week, full 
time. 

Lonnie S. Rosenberg, Secretary, $2,465.73/week, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0807) 

Councilor FLAHERTY for Councilor Ross offered 
the following: 

Ordered: That effective Saturday, June 29, 2002, the 
following named person(s) be, and hereby is, appointed 
to the position set against their name until Friday, 
September 20, 2002: 

Michelle Morrison, Secretary, $766.28/week, full- 
time. 

Marta E. Rivera, Admin. Asst., $814.18/week, full 
time. 

Lonnie S. Rosenberg, Secretary, $957.85/week, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0808) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, June 22, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 

Alex Geourantas, Secretary, $5,288.50/week, full- 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0809) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, June 22, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 20, 2002: 



Thomas K. Egan, Secretary, $769.24/week, fulltime. 
Passed under suspension of the rules. 



ORDER AUTHORIZING THE CITY OF BOSOTN TO 
APPLY FOR AND ACCEPT A FEDERAL 
FY2002 SHELTER PLUS CARE GRANT 
FROM THE U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 0767) 

The following was received: 

City of Boston 
Office of the Mayor 



June 10, 2002 



To the City Council 
Dear City Councilors: 



I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for and accept a 
Federal Fiscal Year 2002 Shelter Plus Care grant in an 
amount not to exceed $5,000,000 from the U.S. 
Department of Housing and Urban Development 
(HUD). 

I urge you to adopt this order as soon as possible so 
that the City may submit its application to HUD by the 
June 21, 2002 deadline. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is, autho- 
rized to apply for a FY2002 Shelter Plus Care grant in 
an amount not to exceed $5,000,000 from the U.S. 
Department of Housing and Urban Development, and to 
accept said funds in accordance with section 53A of 
chapter 44 of the GeneralLaws, for the purposes for 
which the funds were granted, and, in connection there- 
with, to execute and deliver such documents as may be 
required by the federal government. 

Hearing no objection, the matter was before the body. 
On motion of Councilor Hennigan, the rules were 
suspended; the order was passed. 



CONSENT AGENDA 

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



Councilor Feeney: Congratulating Donna & Patrick 
Miller (Docket No. 0810); Congratulating Frances and 
Wiley Shirley. (Docket No. 081 1). 

Councilors Turner and Yancey: Congratulating Doris 
Woods. (Docket No. 0812). 

Councilor Flaherty: Ccongratulating Leslye S. 
DeMoura. (Docket No. 0813). 

Councilor Ross: Concralulatin;; Thomas A. Kershaw. 
(Docket No. 0814). 

Councilors Turner, Yancey, Murphy, Roache, 
Flaherty, Hennigan, Honan and Tobin: Congratulating 
Gladys Babaloa. (Docket No. 0815). 



168 CITY COUNCIL 



Councilor Feeney: Congratulating Ramel Berry and 
Timothy Costello (Docket No. 0816); Congratulating 
Christopher Taylor, Datnien Jarrett, James Walker and 
Jeremy White (Docket No. 0817). 

Councilors Turner and Yancey: Congratulating Portia 
Bryant , Joncinth Cook, Shida Rodriguez, Lez Martinez, 
Janetza Colon and Gary Fisher. (Docket No. 0818). 

Councilor Feeney: Congratulating Bertha J. Glavin. 
(Docket No. 0819); Congratulating Joyce Westover. 
(Docket No. 0820); 

Councilors Yancey and Turner: Congratulating 22 
persons for participating in the Roland Hayes School of 
Music Percussion Ensemble 2002. (Docket No. 0821). 



LATE FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

Councilor Yancey: Congratulating the Salvation 
Army. (Docket No. 0822); Ccongratulating Phyllis A. 
Carter (Docket No. 0823). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 2:30 p.m., on motion of President 
Flaherty, in memory of Carolyn Killeen and Mary 
Burke, to meet again on Wednesday, June 26, 2002 at 
12:30 p.m. 



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



CITY COUNCIL 



177 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, July 10,2002 

Regular meeting of the City Council held in the 
Christopher A. lannella Council Chamber, City Hall, at 
12:55 p.m.. President FLAHERTY in the Chair and all 
members present. 



INVOCATION 

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



PRESENTATION BY COUNCILOR KELLY 

Councilor Kelly presented a resolution to Officer 
John Dailey for his courage when he carried Joe 
McDonough from a house fire and saving his life. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
U.S. DEPARTMENT OF JUSTICE, OFFICE OF 
COMMUNITY ORIENTED POLICING 
SERVICES VALUE BASED INITIATIVE 
GRANT OF $174,948.00 (DOCKET NO. 0872) 



The following was received: 

City of Boston 
Office of the Mayor 

June 24, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $174,948.00 in the form of a United 
States Department of Justice, Office of Community 
Oriented Policing Services "Value Based Initiative" 
grant award to the Boston Police Department, for the 
purpose of working with local faith-based organizations 
to develop and deliver cross-training, between police 
and faith-based organizations and vice versa, on how to 
do effective outreach and intervention among high-risk 
youth. 

1 urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
pose for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Boston Police Department, on 
behalf of the City of Boston, be, and hereby is autho- 
rized pursuant to section 53A of chapter 44 of the 
Massachusetts General Laws, to accept and expend an 
award of the United States Department of Justice, Office 
of Communily Oriented Policing Services, not to 
exceed the amount of $174,948.00. 

Referred to the Committee on Public Safety. 



approved by the Collector- Treasurer, were received and 
approved: 

Mark Bernard 
Brian Manganello 
Vincent J. Manganello. 



COMMUNICATION FROM JOHN C. SILVA, 
MANAGER, ENVIRONMENTAL PRO- 
GRAMS, AIRPORT DIVISION, RE: EXECU- 
TIVE SUMMARY OF FINAL ENVIRONMEN- 
TAL IMPACT STATEMENT FOR LOGAN 
AIRSIDE IMPROVEMENT PLANNING PRO- 
JECT (DOCKET NO. 0874) 

The following was received: 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01 803 

(781)238-7602 



To: All Interested Parties 



June 21, 2002 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 0873) 



Project Name: Logan Airside Improvement Planning 
Project ("Project") 

Project Location: Boston-Logan International Airport 
Boston/Winthrop 

Project Proponents: Massachusetts Port Authority 
(Massport) Federal Aviation Administra- 
tion (FAA) 

Subject: Transmission of Executive Summary of 
Final Environmental Impact Statement 
("Final EIS") 

On behalf of Massport and the FAA enclosed please 
find one (1) copy of the Executive Summary of the Final 
EIS for the above referenced Project, which has been 
prepared as a document under federal law; and (2) a CD 
Rom version of the six (6) volume Final EIS and the 
Executive Summary. 

In accordance with federal requirements, five (5) 
copies of the Final EIS have been submitted to the 
Environmental Protection Agency. Notices of the filing 
and availability of the Final EIS will also be published 
as required by federal law. 

The Final EIS is available at local libraries in the fol- 
lowing communities: Boston, Braintree, Brookline, 
Cambridge, Chelsea, Cohasset, Concord, Dedham, 
Edgartown, Everett, Hingham, Hull, Lexington, 
Lincoln, Maiden, Medford, Melrose, Milton, Nahant, 
Nantucket, Provincetown, Quincy, Revere, Somerville, 
Weymouth, and Winthrop. 

The Final EIS consists of six volumes and an 
Executive Summary: Volume 1 contains the Preface, 
Chapters 1 - 6, Acronym Table, Index, Lists of 
Reviewers and Preparers, plus Technical Appendices; 
Volumes 2 and 3 contain Responses to Comments to 
nineteen representative letters, Volumes 3-6 contain 
topical Responses to Comments. A Spanish language 
version of the Executive Summary is also available 
from FAA upon request. A copy of the Final EIS in 
printed form is available upon request to the following: 

John C. Silva, 

Manager. Environmental Programs 

Airport Division, ANE-600 

New England Region 

12 New Enuland Executi\e Park 

Burlington,^MA 01803 

(781)238-7602. 

Placed on file. 



The Constable's Bonds of the following, having been 



COMMUNICATION 



RECEIVFO 



■luni 



178 



CITY COUNCIL 



KATHERINE E. BACHMAN, HALE AND 
DORR LLP, RE: RUSSIA WHARF REDEVEL- 
OPMENT PROJECT NOTIFICATION FORM/ 
ENVIRONMENTAL NOTIFICATION FORM 
(DOCKET NO. 0875) 



The following was received: 

Hale and Dorr LLP Counselors at Law 

July 1, 2002 
Boston Redevelopment Authority 
City Hall - 9th Floor 
Boston, MA 02201 
Secretary of Environmental Affairs 
Commonwealth of Massachusetts 
Attention: MEPA Office 
251 Causeway Street, Suite 900 
Boston, MA 02114 

Re: Russia Wharf Redevelopment 

Ladies and Gentlemen: 

On behalf of EOP-Russia Wharf, L.L.C., I am 
delighted to submit herewith a Project Notification 
Form/Environmental Notification Form under the pro- 
visions of Article 80 of the Boston Zoning Code and 
M.G.L. Chapter 30, Section 61-62H and regulations at 
301 CMR ll.Oetseq. 

The public notices of the submission of this filing 
appear in the Boston Herald today. The Boston 
Redevelopment Authority has set a date for expiration 
of the public comment period of July 30, 2002. Pursuant 
to the MEP A regulations, the 20-day comment period 
following the publication of this submission in the 
Environmental Monitor on July 10, 2002 will also 
expire on July 30, 2002. We respectfiilly request that the 
comment periods be confirmed as coterminous on July 
30, 2002. 

We look forward to working with your respective 
agencies as this very exciting project proceeds through 
your regulatory review. 

Very truly yours, 

iCatherine E. Bachman. 

Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS JUNE 5, 
2002 MEETING (DOCKET NO. 0876) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council. 
Dear Councilors: 



July 8, 2002 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of June 5, 2002, viz: 

0456 Ordinance revising certain fines and fees of the 
Transportation Department. 

Approved by the Mayor June 1 2, 2002. 

0457 Ordinance amending Chapter XVII, Fees and 
Charges. 

Approved by the Mayor June 12, 2002. 
0604 Ordinance to enhance residential parking pro- 
gram. 

Deemed in effect with no action by the Mayor 



0703 6 Constable's Bonds. 
Approved by the Mayor June 1 8, 2002. 

0704 Constable's Bonds of 35 Housing Inspectors. 
Approved by the Mayor June 18, 2002. 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS 
TAKEN BY THE MAYOR ON PAPERS ACTED 
UPON BY THE CITY COUNCIL AT ITS JUNE 
12, 2002 MEETING (DOCKET NO. 0877) 

The following was received: 



City of Boston 
Office of the City Clerk 



To the City Council 
Dear Councilors: 



July 9, 2002 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by 
the City Coimcil at its meeting of June 12, 2002, viz: 

0139 Order authorizing the Library Department to 
accept and expend a grant of $842,522.00 from the 
Board of Library Commissioners for the purpose of sup- 
porting the implementation of an Integrated Library 
System. 

Approved by the Mayor July 2, 2002. 

0179 Order authorizing the Commissioner of the 
Parks and Recreation Department to apply for, accept 
and expend a grant of $62,000.00 from the Department 
of Environmental Management to be used solely to pro- 
vide funding for capital parks project entitled 
"Arborway Master Plan" . 

Approved by the Mayor June 25, 2002. 

0663 Order accepting the provisions of Chapter 1 1 6 
ofthe Acts of 2002. 

Approved by the Mayor June 25, 2002. 

0797 Order approving an additional period of time for 
employees referenced in Section 6 of Chapter 116 ofthe 
Acts of 2002 to apply for creditable service in accor- 
dance with said Section 6. 

Approved by the Mayor June 25, 2002. 

0768 12 Constable's Bonds. 
Approved by the Mayor July 3,2002. 

Very truly yours, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



NOTICE FROM THE CITY CLERK RE: ACTIONS 
TAKEN BY MAYOR ON PAPERS ACTED 
UPON BY CITY COUNCIL AT ITS JUNE 19, 
2002 MEETING (DOCKET NO. 0878) 

The following was received: 



City of Boston 
Office ofthe City Clerk 



To the City Council 
Dear Councilors: 



July 9, 2002 



In accordance with Chapter 6 of the Ordinances of 
1979, 1 hereby notify you ofthe following actions taken 



JULY 10, 2002 



179 



by the Mayor with regard to the papers acted upon by 
the City Council at its meeting of June 19, 2002, viz: 

0767 Order authorizing the Department of 
Neighborhood Development to apply for and accept a 
Federal FY02 Sheher Pius Care Grant of $5,000,000 
from the U.S. Department of Housing and Urban 
Development (HUD). 

Approved by the Mayor June 25, 2002. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



ORDER FOR CONFIRMATION OF THE APPOINT- 
MENT OF CONSTABLES (DOCKET NO. 
0633) 

The following was received 

City of Boston 
Office of the Mayor 

May 3, 2002 
To the City Council. 
Dear City Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Councilor Feeney, on behalf of the Committee on 
Government Operations, submitted the following: 

Ordered: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1 , 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

New Constable Application List 

Recommended Approvals 

The following recommendations for approval are 
new applicants. 

Aquino, Simon 72 Westwind Rd. Dorchester 02125 

Benford, Stanley L. 25 Calder St. Dorchester 02 1 25 

Canepa, Ricardo A. 6 Wilbur Ct. #3, E. Boston 02128 

Cesar, Frank 230 Waldemar Ave. E. Boston 

Darby, James J. 37 Aspinwall Rd. #1, Dorchester 02124 
McGowan, John D. 92 Wilmington Ave. # 1, Dorchester 02124 

Phillips, Kirk A. 28 Raldne Rd. Hyde Park 02136 

Taylor, Kindreth V. 193 Sycamore St. Roslindale 02 1 3 1 

The report was accepted; the appointments were 
confirmed. 



ORDER FOR CONFIRMATION OF THE APPOINT- 
MENT OF CONSTABLES (DOCKET NO. 
0634) 

The following was received 



To the City Council. 
Dear City Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1, 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Councilor Feeney, on behalf of the Committee on 
Government Operations, submitted the following: 

Ordered: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1 , 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

New Constable Application List 

Recommended Approvals 

The following recommendations for approval are 
new applicants. 



Allston, Carroll 
Jackson, William D. 
Locario, Keith 
Manganello, Brian 
Miller, Stephen P. 
Mucci, Frank J. 
Powers, James A. 
Ragland-Kelley, Tracey 
Souto, Maria C. 
Wilson, Moses E. Jr. 



72 Waumbeck S 1. Dorchester 02121 

64 Thatcher St. Hyde Park 02136 

24 Mallard Ave. Dorchester 02124 

237 Marion St. E. Boston 02128 

163 HSt. S.Boston 02127 

830 Parker St. Roxbury 02120 

84 Byron Rd. E. Boston 02128 

61 Rexford St. Mattapan 02126 

48 Asheville Rd. Hyde Park 02136 

52 Withington St. Dorchester 02124 



The report was accepted; the appointments were 
confirmed. 



City of Boston 
OtTicc of the Mayor 



May 3, 2002 



RESOLUTION REQUESTING RED SOX TO 
RETIRE TONY CONIGLIARO'S NUMBER, 
(DOCKET NO. 0879) 

Councilors Murphy, Consalvo, Feeney, Hennigan, 
Honan, Kelly, Roache, Scapicchio, Tobin, Yancey, 
Flaherty and Ross offered the following: 

Whereas, Tony Conigliaro (Tony C.) was bom and 
raised in East Boston, the oldest of three sons of Sal and 
Teresa Conigliaro; and 

Whereas, While playing for the East Boston Sparks 
Little League team at Noyes Park, since renamed Tony 
Conigliaro Park, Tony Conigliaro was recognized as an 
athlete with unlimited talent and promise; and 

Whereas, The Conigliaro family moved to 
Swampscott, Massachusetts in 1962 and Tony broke 
several league records while playing for St. Mary's in 
Lynn; and 

Whereas, Tony Conigliaro was drafted by the Red 
Sox in 1 962 and spent only a brief few months in the 
minor league before manager Johnny Pesky invited him 
to spring training where he immediately distinguished 
himself as an asset to the team; and 

Whereas, In his first season with the Red Sox, Tony 
Conigliaro hit twenty-four home iims despite sutTering 
a broken arm that cut his rookie season short; and 

Whereas, Tony Conigliaro hit 32 home-runs in his 
second season and led the American League, making 
him the youngest home-run leader in baseball history 
and eventually became the youngest player to hit 100 
home mns; and 

Whereas, Tony Conigliaro's twenty home iTjns in 
1967 significantly contributed to the Red Sox's 



180 



CITY COUNCIL 



"Impossible Dream" season until August when a ninety 
mile per hour fastball hit him in the left eye, fracturing 
his cheekbone, dislocating his jaw and damaging his 
retina, taking him out of baseball and leading many to 
predict that he would never return; and 

Whereas, Tony Conigliaro surpassed remarkable 
odds by retummg to baseball in 1969, batting .225 with 
twenty home-runs and winning the "Comeback Player 
of the Year" award, and by posting an even more 
impressive season in 1970 when he belted out thirty-six 
home runs and 116 RBI before retiring due to deterio- 
rating vision: and 

Whereas, In 1982, after becoming a baseball broad- 
caster, Tony C. suffered a massive heart attack and a 
stroke which led to his death eight years later at the age 
of 45; therefore be it 

Resolved, That the Boston City Council formally 
requests that the Boston Red Sox retire Tony 
Conigliaro's number, twenty-five (25), in honor of his 
short but extraordinary career. 

On motion of Councilor Murphy, the rules were sus- 
pended; the resolution was adopted. 



RESOLUTION REQUESTING THE CITY TO 
EXAMINE THE FEASIBILITY OF CREATING 
AND SITING A PERMANENT MEMORIAL 
STATUE OF TED WILLIAMS (DOCKET NO. 



Councilors Consalvo, Ross, Kelly, Murphy, Roache, 
Scapicchio, Tobin, Hennigan, Feeney and Flaherty 
offered the following: 

Whereas, Ted Williams is a true sports hero in Boston 
and his fame and accomplishments transcend genera- 
tions; and 

Whereas, Williams is synonymous with the Boston 
Red Sox and the City of Boston; and 

Whereas, He is a war hero, serving both in World War 
II and the Korean Conflict, despite being in the prime of 
his baseball career; and 

Whereas, Ted Williams pioneered the concept of 
sports stars working with charities by his unassuming 
work volunteering with the Jimmy Fund in an effort to 
save the lives of children with cancer; and 

Whereas, Williams, as a sports hero, war hero and 
personal hero to many children is a natural to represent 
Amenca's national pastime in Boston; Therefore be it 

Resolved, That the City of Boston examine the feasi- 
bility of creating and siting a permanent memorial statue 
of Ted Williams in the City of Boston. 

On motion of Councilor Consalvo, the rules were sus- 
pended; the resolution was adopted. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0881) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, June 29, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 27, 2002: 



Joyce L. Holland, Secretary, 

Karen M. Pinckney, Secretary, 
Kenneth W. Yarbrough, Secretary, 



$1,091.96, aiUtime. 
$632.18, full time. 

$622.61, full time. 



Passed under suspension of the rules. 



ORDINANCE REGARDING DISCRIMINATION 
BASED ON GENDER IDENTITY OR 
EXPRESSION (DOCKET NO. 0882) 

Councilor Turner offered the following: 



City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE REGARDING DISCRIMINATION 
BASED ON GENDER IDENTITY OR EXPRESSION 

Whereas, The City of Boston seeks to protect its citi- 
zens and visitors in the enjoyment of their civil rights by 
ensuring that everyone is free from discrimination and 
by promoting mutual understanding and respect among 
all who reside, visit, and work within the city; and 

Whereas, Discrimination, prejudice, intolerance, and 
bigotry directly and profoundly threaten individual 
rights and freedoms; and 

Whereas, The City of Boston has adopted ordinances 
to protect the civil rights of those who live, visit, and 
work within the City which include, but are not limited 
to, a prohibition of discrimination based on sex; and 

Whereas, Despite the protections currently afforded 
for a person's sex, denial of civil rights based on gender 
identity or expression continues to occur typically due 
to the differences traditionally associated with sex at 
birth; and 

Whereas, Gender-based discrimination has led to 
compromises in the most basic needs through loss of 
employment or housing and refusal of services in places 
of public accommodation; and victims of gender-based 
discrimination are routinely treated with hostility and 
embarrassed by the behaviors of the aggressors; and 

Whereas, The City of Boston seeks to eradicate dis- 
crimination based on gender-related identity, expres- 
sion, and behavior. THEREFORE, 

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

SECTION 1. 

CBC Chapter V, Section 5-5.36 is hereby amended to 

add "gender identity or expression"" as follows: 

"No Officer of the City shall deny to any person access 
to opportunity, including without limitation employ- 
ment, educational, and recreational opportunity, solely 
by reason of sex or gender identity or expression. It shall 
be the policy of the City to afford to every person equal 
access to opportunity, including without limitation 
employment, educational and recreational opportunity." 

SECTION 2. 

CBC Chapter VI, Section 6-8.4(a) is hereby amended to 

add "gender identity or expression" as follows: 

"Not to discriminate against any individual or group 
seeking a mortgage, commercial, consumer, home 
improvement, or community development loan in the 
fixing of the amount, interest rate, duration, down pay- 
ment or other terms or conditions of such loan, because 
of race, color, religion, sex, gender identity or expres- 
sion, or national origin ..." 

SECTION 3. 

CBC Chapter X is hereby amended as follows: 

CBC Section 10-3.1 is amended to add "gender identity 
or expression" as follows: 

" ... regardless of his /her race, color, religious creed, 
marital status, military status, handicap, children, 
national origin, sex, gender identity or expression, age, 
ancestry, sexual preference or source of income ..." 

CBC Section 10-3. 3 (a) (I) is amended to add "gender 
identity or expression" as follows: 

" ... discrimination against either an individual or a 
group is based on race, color, religious, creed, marital 
status, handicap, military status, children, national ori- 



JULY 10, 2002 



181 



gin, sex, gender identity or expression, age, ancestry, 
sexual preference or source of income." 

CBC Section 10-3. 3(d) is amended to add "gender iden- 
tity or expression" as follows: 

"... discrimination in housing because of race, color, 
religious, creed, marital status, military status, children, 
handicap, national origin, sex, gender identity or expres- 
sion, age, ancestry, sexual preference or source of 
income." 

SECTION 4. 

CBC Chapter XII is hereby amended as follows: 

CBC Section 12-9.1 is amended to add "gender identity 
or expression" as follows: 

"It is clear that behavior which denies equal treatment to 
any of our citizens as a result of their religious creed, 
race, color, sex, gender identity or expression, age, dis- 
ability, national origin, exoffender status, prior psychi- 
atric treatment, sexual orientation, military status, mari- 
tal status or parental status ..." 

CBC Section 12-9.2 is amended to add the following 
definition: 

"Gender identity or expression" shall mean and include 
a person's actual or perceived gender, as well as a per- 
son's gender identity, gender-related self-image, gender- 
related appearance, or gender-related expression 
whether or not that gender identity, gender-related self 
image, gender-related appearance, or gender-related 
expression is different from that traditionally associated 
with a person's sex at birth. 

CBC Section 12-9.3, First Paragraph, is amended to add 
"gender identity or expression" as follows: 

" ... otherwise discriminate against any person in the 
terms, conditions, or privileges of employment, includ- 
ing compensation, because of the race, color, sex, gen- 
der identity or expression, age, religious creed, disabil- 
ity, national origin, ancestry, sexual orientation, marital 
status, parental status, ex-offender status, prior psychi- 
atric treatment, military status or source of income..." 

CBC Section 12-9.3, Second Paragraph, is amended to 
add "gender identity or expression" as follows: 

" ... otherwise discriminate against any person because 
of the race, color, sex, gender identity or expression, 
age, religious creed, disability, national origin, ancestry, 
sexual orientation, marital status, parental status, ex- 
offender status, prior psychiatric treatment, military sta- 
tus or source of income of such person." 

CBC Section 12-9.4 is amended to add "gender identity 
or expression" as follows: 

" ... discriminate otherwise against any individual, 
absent a bona fide occupational reason or other reason- 
able cause, because of the race, color, sex, gender iden- 
tity or expression, age, religious creed, disability, 
national origin, sexual orientation, marital status, 
parental status, exoffender status, prior psychiatric treat- 
ment, military status or source of income of such indi- 
viduals." 

CBC Section 12-9.5, First Paragraph, is amended to add 
"gender identity or expression" as follows: 

" ... directly or indirectly to discriminate in the granting, 
reporting, approval or extension o\' any form oi' loan or 
credit to any person because of the race, color, sex, gen- 
der identity or expression, age, religious creed, disabil- 
ity, national origin, ancestry, sexual orientation, marital 



status, parental status, ex-offender status, prior psychi- 
atric treatment, military status or source of income of 
such person." 

CBC Section 12-9.5, Second Paragraph, is amended to 
add "gender identity or expression" as follows: 

" ... discriminate in the terms of bonding any persons 
because of the race, color, sex, gender identity or 
expression, age, religious creed, disability, national ori- 
gin, ancestry, sexual orientation, marital status, parental 
status, prior psychiatric treatment, military status or 
source of income of such individual." 

CBC Section 12-9.5, Third Paragraph, is amended to 
add "gender identity or expression" as follows: 

"... discriminate in the terms of insuring any individual 
because of the race, color, sex, gender identity or 
expression, age, religious creed, disability, national ori- 
gin, ancestry, sexual orientation, marital status, parental 
status, prior psychiatric treatment, military status, ex- 
offender status or source of income of such person..." 

CBC Section 12-9.6 is amended to add "gender identity 
or expression" as follows: 

"It shall be unlawfiil practice and thereby deemed a 
violation of this Chapter for any educational facility 
directly or indirectly to fail or refuse to admit, or to cur- 
tail or terminate admission to, or to discriminate in the 
terms or conditions of educational services, opportuni- 
ties, and curriculum offered to any person, absent a 
showing of reasonable cause as to why such discrimina- 
tion may be warranted because of the race, color, sex, 
gender identity or expression, age, religious creed, dis- 
ability, national origin, ancestry, sexual orientation, 
marital status, prior psychiatric treatment, military sta- 
tus, parental status, ex -offender status or source of 
income of such person. 

The following practices shall be exempt from the oper- 
ation of this section: the selection of students by a reli- 
gious educational facility that is limited exclusively or 
gives preference to members of such religion; the estab- 
lishment or maintenance by an educational facility of a 
school or program limited to the members of only one 
sex or otherwise segregated by sex, consistent however, 
with Federal and State statutes, the establishment by an 
education facility of minimum or maximum age require- 
ments for any educational program; and the establish- 
ment by an educational facility of special programs 
designed to assist or provide special training for the dis- 
abled, the elderly, individuals who do not speak English, 
or the economically impoverished." 

CBC Section 1 2-9.7 is amended to add "gender identity 
or expression" and to incorporate an exception as fol- 
lows: 

"It shall be an unlawful practice and thereby deemed a 
violation of this Chapter for any person that owns, 
leases, rents, operates, manages, or in any manner con- 
trols a public accommodation directly or indirectly, or 
who provides a public service, to withhold, deny, curtail 
or in any manner limit or discriminate with respect to 
the full use of such public accommodation or service 
because of the race, color, sex. gender identity or 
expression, age, religious creed, disability, national ori- 
gin or ancestry, sexual orientation, marital status, 
parental status, prior psychiatric treatment, military sta- 
tus, ex -offender status or source of income of such indi- 
vidual, unless such public accommodation or service 
specifically designated for the cxclusi\e use of the 
elderly or disableil, pro\ ided, ho\\e\er, nothing con- 
tained herein shall pemiit the use of rest rooms, baths, 
showers, dressing rooms, or other pri\ ate accommoda- 
tions which are separated by sex to be used by the oppo- 



182 



CITY COUNCIL 



site sex, except it shall be an unlawful and discrimina- 
tory practice to prevent or prohibit the use of restrooms, 
baths, showers, dressing rooms, or other private accom- 
modations based on the gender identity publicly and 
exclusively expressed or asserted by the person seeking 
to use such restrooms, baths, showers, dressing rooms, 
or other private accommodations." 

SECTION 5. 

CBC Chapter XV, Section 15-10.1 is hereby amended to 

add "gender identity or expression" as follows: 

"Affirmative action requires more than vigilance in the 
elimination of discriminatory barriers to employment on 
the grounds of race, color, religion, creed, ancestry, 
national origin, age sex, gender identity or expression, 
sexual orientation and handicap." 

SECTION 6. 

CBC Chapter XXIV, Section 2(1 )(5) is hereby amended 

to add "gender identity or expression" as follows: 

"... nondiscriminatory job placement with respect to 
race, color, religion, national origin, sex, gender identity 
or expression, sexual orientation, age, marital status, 
discharge from the military service or handicap unre- 
lated to job ability..." 

SECTION 7. 

The provisions of these sections shall be effective 

immediately upon passage. 

Referred to the Committee on Government 
Operations. 



ORDER FOR LOAN OF $22,490,000.00 FOR THE 
REMODELING, RECONSTRUCTING, MAK- 
ING EXTRAORDINARY REPAIRS TO EXIST- 
ING FACILITIES INCLUDING ORIGINAL 
EQUIPMENT AND LANDSCAPFNG, PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF THE 
SCHOOL DEPARTMENT, FROM THE 
ASSIGNMENT LIST (DOCKET NO. 0754) 

Ordered: That the sum of Twenty Two Million Four 
Hundred Ninety Thousand Dollars ($22,490,000) be, 
and hereby is, appropriated for remodeling, reconstruct- 
ing, making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of the School Department; and that to meet 
said appropriation the Collector/Treasurer be, and 
hereby is, authorized under the provisions of Clause 
(3 A) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Blackstone School Roof, Masonry, Windows 

2. Boston Arts Academy - Windows/Masonry 

3. Boston Latin Academy 

4. Burke High School 

5. Critical Facility Repairs FY03 

6. Dickerman School 

7. Ellis School 

8. Fifield School Masonry 

9. Fire Alarm Replacement at 6 Schools 

10. Hennigan School HVAC 

11. Humphrey O.R.C. 



12. Jackson Mann School Waterproofing 

13. Lewenberg School 

14. Madison Park High School HVAC 

15. McCormack School Windows 

16. Mission Hill School Heating System 

17. Mission Hill School Windows 

18. Ohrenberger School 

1 9. Ohrenberger School Boiler 

20. Quincy School 

21. Robert Shaw School 

22. Roosevelt School 

23. South Boston High School II 

24. Technology Upgrades 

25. Tynan School 

26. Umana Barnes School 

27. West Roxbury High School HVAC 

28. Wheatley School 

29. Wheatley School 

30. Winship School 

3 1 . Young Achievers Pilot School II 

The order was read a second time and passed, yeas 



13. 



ORDER FOR LOAN OF $13,660,000.00 FOR THE 
ORIGINAL CONSTRUCTION OF PUBLIC 
WAYS OR THE EXTENSION OR WIDENING 
THEREOF, INCLUDING LAND DAMAGES 
AND THE COST OF PAVEMENT AND SIDE- 
WALKS LAID AT THE TIME OF SAID CON- 
STRUCTION, OR FOR THE CONSTRUCTION 
OF STONE, BLOCK, BRICK, CEMENT CON- 
CRETE, BITUMINOUS CONCRETE, BITUMI- 
NOUS MACADAM OR OTHER PERMANENT 
PAVEMENT OF SIMILAR LASTING CHAR- 
ACTER FOR THE PURPOSES OF THE 
PUBLIC WORKS AND TRANSPORTATION 
DEPARTMENTS, FROM THE ASSIGNMENT 
LIST (DOCKET NO. 0755) 

Ordered, That the sum of Thirteen Million Six 
Hundred Sixty Thousand Dollars ($13,660,000) be, and 
hereby is, appropriated for the original construction of 
public ways or the extension or widening thereof, 
including land damages and the cost of pavement and 
sidewalks laid at the time of said construction, or for the 
construction of stone, block, brick, cement concrete, 
bituminous concrete, bituminous macadam or other per- 
manent pavement of similar lasting character for the 
purposes of the Public Works and Transportation 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (5) of Section 7 of Chapter 44 
of the General Laws, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended or only on those projects as described by 
name attached herein. 

Attachment 



Belden Street 
Boylston street 
Cambridge Street 
Centre Street Phase II 
Columbia Road Median Removal 
Edward Everett Square 
General Heath Square 
Huntington Avenue 
Massachusetts Avenue 

Maverick Gardens Phase I 

Maverick Gardens Phase II 

Roadway Reconstruction FY02 

Roadway Resurfacing FY04 

West Broadway BHA Roadway Infrastructure 

Business Districts/Main Streets Implementation 



JLTY 10, 2002 



183 



13. 



The order was read a second time and passed, yeas 



ORDER FOR LOAN OF S2.020.000.00 FOR THE 
COST OF DEPARTMENTAL EQLTPMENT TO 
SERVICE THE FIRE DERARTMENT. FROM 
THE ASSIGNMENT LIST (DOCKET NO. 0756) 

Ordered: That the sum of Two Million Twenty 
Thousand Dollars (52.020,000) be, and hereby is, 
appropriated for the cost of departmental equipment for 
the purposes of the Fire Department; and that to meet 
said appropriation the Collector Treasurer be, and 
hereby is, authorized imder the provisions of Clause (9) 
of Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Fire Equipment FY03 

The order was read a second time and passed, yeas 
13. 



ORDER FOR LOAN OF S205,000.00 FOR THE 
DEVELOPMENT. DESIGN, PURCHASE, 
INSTALLATION AND OPERATION OF COM- 
PUTER HARDWARE, COMPUTER SOFT- 
WARE, OTHER DATA PROCESSING EQUIP- 
MENT AND COMPUTER ASSISTED 
INTEGRATED FINANCLU. MANAGEMENT 
AND ACCOL'NTING SYSTEMS FOR THE 
PURPOSES OF THE SCHOOL DEPARTMENT, 
FROM THE ASSIGNMENT LIST (DOCKET 
NO. 0757) 

Ordered: That the sum of Two Hundred Five 
Thousand Dollars (5205,000) be, and hereby is. appro- 
priated for the development, design, purchase, installa- 
tion.and operation of computer hardware, computer 
software, other data processing equipment and com- 
puter assisted integrated financial management and 
accoimting systems, for the purpose of the School 
Department; and that to meet said appropriation the 
CollectorTreasurer be. and hereby is, authorized under 
the provisions of Clause (28) and or (29) of Section 7 
of Chapter 44 of the General Laws. - to issue fi^om time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 
amount, provided that the appropriation authorized be 
expended only on those projects as described by name 
attached herein. 

Attachment 

1 . Computer Technology FY03 

The order was read a second time and passed, yeas 
13. 



ORDER FOR LOAN OF 5280.000.00 FOR DEVEL- 
OPING LAND FOR BURIAL PURPOSES AND 
FOR CONSTRUCTING PATHS. AVENUES 
AND EMBELLISHING THE GROUNDS IN 
CITY OWNED CEMETERIES. FROM THE 
ASSIGNMENT LIST (DOCKET NO. 0758) 

Ordered: That the sum of Two Hundred Eighty 
Thousand Dollars (5280,000) be. and hereby is. appro- 
priated for developing land for burial purposes and for 



constructing paths and avenues and embellishing the 
grounds in city owned cemeteries, under the manage- 
ment of the Parks and Recreation Department; and that 
to meet said appropriation the CollectorTreasurer be, 
and hereby is, authorized under the provisions of Clause 
(20) 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, provided that the appropriation audiorized 
be expended only on those projects as described by 
name attached herein. 

Attachment 

1. Historic Cemeteries FY02-04 

The order was read a second time and passed, veas 
13. 



ORDER FOR LOAN OF S9.7 1 5.000.00 FOR REMOD- 
ELING RECONSTRUCTING NLAKING 
EXTRAORDEN'.ARY RERAIRS TO EXISTING 
FACILrnES INCLLTDING ORIGIN.AL EQLTP- 
MENT ANT) LANDSCAPING PA\TNG AND 
OTHER SITES IMPROVEMENTS INCIDEN- 
T.AL OR DIRECTLY RELATED TO SUCH 
REMODELING RECONSTRUCTION OR 
REPAIR FOR THE PLTIPOSES OF VARIOUS 
CITY DEPARTMENTS (DOCKET NO. 0759) 

Ordered: That the s\xm of Nine Million Seven 
Hundred Fifteen Thousand Dollars (59,715,000) be, and 
hereby is, appropriated for remodeling, reconstructing, 
making extraordinary repairs to existing facilities 
including original equipment and landscaping, paving 
and other site improvements incidental or directly 
related to such remodeling, reconstruction or repair for 
the purposes of various citv' departments including the 
Fire. Library, Management Information Services. 
Neighborhood Development, Parks and Recreation, 
Property and Construction Management, Public Health 
Commission and Transportation Departments; and that 
to meet said appropriation the CollectorTreasurer be, 
and hereby is, authorized imder the provisions of Clause 
(3 A) of Section 7 of Chapter 44 of die General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

I . Critical Facility Repairs FY03 
2; Engine 18 

3. Engine 24 

4. Engine 30 

5. Exterior Repairs at 5 Fire Stations 

6. Cotmolly Branch Library 

7. Critical Facility Repairs'FY03 

8. Roof Repairs at 5 Branches 

9. MIS Computer Room 

10. Long Island Facihties , Utilities 

II. George Wright Maintenance Building 

12. Citv' Hall Roof 

13. Critical Facility Repairs FY03 

14. Long Island Administration Building Roof 

15. Southampton Street Maintenance Building 

The order was read a second time and passed, veas 
13. 



ORDER FOR LOAN OF 54.860.000.00 FOR THE 
CONSTRUCTION OR RECONSTRUCTION 
OF BRIDGES OF STONE OR CONCRETE OR 
OF IRON SUPERSTRUCTURE .AND OR FOR 



184 



CITY COUNCIL 



THE ORIGINAL CONSTRUCTION OF PUB- 
LIC WAYS OR THE EXTENSION OR WIDEN- 
ING THEREOF, INCLUDING LAND DAM- 
AGES AND THE COST OF PAVEMENT AND 
SIDEWALKS LAID AT THE TIME OF SAID 
CONSTRUCTION, OR FOR THE CONSTRUC- 
TION OF STONE BLOCK, BRICK, CEMENT 
CONCRETE, BITUMINOUS CONCRETE, 
BITUMINOUS MACADAM OR OTHER PER- 
MANENT PAVEMENT OF SIMILAR LAST- 
ING CHARACTER FOR THE PURPOSES OF 
THE NEIGHBORHOOD DEVELOPMENT 
AND PUBLIC WORKS DEPARTMENTS 
(DOCKET NO. 0760) 

Ordered: That the sum of Four Million Eight Hundred 
Sixty Thousand Dollars. ($4,860,000) be, and hereby is, 
appropriated for the construction or reconstruction of 
bridges of stone or concrete or of iron superstructure 
and/ or for the original construction of public ways or 
the extension or widening thereof, including land dam- 
ages and the cost of pavement and sidewalks laid at the 
time of said construction, or for the construction of 
stone, block, brick, cement concrete, bituminous con- 
crete, bituminous macadam or other permanent pave- 
ment of similar lasting character for the purposes of the 
Neighborhood Development and Public Works 
Departments; and that to meet said appropriation the 
Collector/Treasurer be, and hereby is, authorized under 
the provisions of Clause (4) and/ or Clause (5) of 
Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1. Long Island Bridge Rehabilitation 

2. American Legion Bridge 

3. Bridge Engineering Overview FY03 

4. Congress Street Bridge 

5. McArdle Bridge 

6. North Washington Street Bridge 

7. North Washington Street Bridge 

8. Sullivan Square Overpass 

The order was read a second time and passed, veas 
13. 



The order was read a second time and passed, yeas 



13. 



ORDER FOR LOAN OF $3,240,000.00 FOR STREET 
LIGHTING INSTALLATION AND TRAFFIC 
SIGNAL EQUIPMENT FOR THE PURPOSES 
OF THE PUBLIC WORKS AND 
TRANSPORTATION DEPARTMENTS 

(DOCKET NO. 0761) 

Ordered: That the sum of Three Million Two Hundred 
Forty Thousand Dollars ($3,240,000) be, and hereby is, 
appropriated for street lighting installation, and traffic 
signal equipment for the purposes of the Public Works 
and Transportation Departments; and that to meet said 
appropriation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause (14) of 
Section 7 of Chapter 44 of the General Laws, to issue 
from time to time, with the approval of the Mayor; 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Street Lighting Installation FY03 

2. Traffic Signal Equipment FY03-07 



ORDER FOR LOAN OF $810,000.00 FOR THE PUR- 
POSE OF PLANNING, DESIGNINa ACQUIR- 
ING LAND FOR, CONSTRUCTING AND 
ORIGINALLY EQUIPPING STRUCTURES 
AND FACILITIES AND FOR REMODELING, 
RECONSTRUCTING, OR MAKING MAJOR 
ALTERATIONS, ADDITIONS AND MAJOR 
REPAIRS TO EXISTING FACILITIES FOR 
THE PURPOSES OF THE NEIGHBORHOOD 
DEVELOPMENT AND PARKS AND 
RECREATION DEPARTMENTS (DOCKET 
NO. 0762) 

Ordered: That the sum of Eight Hundred Ten 
Thousand Dollars ($810,000) be, and hereby is, appro- 
priated for the planning, designing, acquiring land for, 
constructing and originally equipping structures and 
facilities and for remodeling, reconstructing, or making 
major alterations, additions and major repairs to existing 
facilities including original equipment and landscaping, 
including the planting of shade trees, paving and other 
site improvements incidental or directly related to such 
remodeling, reconstruction or repair for the purposes of 
the Neighborhood Development and Parks and 
Recreation Departments, and that to meet said appropri- 
ation the Collector/Treasurer be, and hereby is, autho- 
rized under the provisions of Chapter 642 of the Acts of 
1 966, as amended, to issue from time to time, with the 
approval of the Mayor, bonds, notes or certificates of 
indebtedness of the City up to said amount, provided 
that the appropriation authorized through this order be 
expended only on the project as described by name 
attached herein. 

Attachment 

1. Long Island Pier Facility 

2. Street Tree Planting FY02-04 

The order was read a second time and passed, yeas 
13. 



ORDER FOR LOAN OF $8,645,000.00 FOR THE 
PURPOSE OF THE CONSTRUCTION OF 
MUNICIPAL OUTDOOR RECREATIONAL 
AND ATHLETIC FACILITIES, INCLUDING 
THE ACQUISITION AND DEVELOPMENT 
OF LAND AND THE CONSTRUCTION AND 
RECONSTRUCTION OF SUCH FACILITIES, 
FOR THE PURPOSES OF THE PARKS AND 
RECREATION DEPARTMENT (DOCKET NO. 
0763) 

Ordered: That the sum of Eight Million Six Hundred 
Forty Five Thousand Dollars ($8,645,000) be, and 
hereby is, appropriated for the construction of municipal 
outdoor recreational and athletic facilities, including the 
acquisition and development of land and the construc- 
tion and reconstruction of such facilities, for the pur- 
poses of the Parks and Recreation Department; and that 
to meet said appropriation the Collector/Treasurer be, 
and hereby is, authorized under the provisions of Clause 
(25) of Section 7 of Chapter 44 of the General Laws, to 
issue from time to time, with the approval of the Mayor, 
bonds, notes or certificates of indebtedness of the City 
up to said amount, provided that the appropriation 
authorized through this order be expended only on those 
projects as described by name attached herein. 

Attachment 

1 . Christopher Columbus Park (Waterfront) 

2, Court Renovations FY03 



JULY 10, 2002 



185 



13. 



3. Dorothy Curran Play lot 

4. English High Field 

5. General Parks Improvements FYOl-04 

6. George Wright Golf Course 

7. Harambee Park 

8. Joe Moakley Park Synthetic Turf 

9. McLaughlin Playground 

10. Muddy River Stonnwater Controls and Dredging 

The order was read a second time and passed, yeas 



ORDER AUTHORIZING THE CITY TO ENTER 
INTO ONE OR MORE LEASE, LEASE-PUR- 
CHASE OR FNSTALLMENT SALES AGREE- 
MENTS IN FY03 IN AN AMOUNT NOT TO 
EXCEED $3,500,000.00 AND IN FY04 FN AN 
AMOUNT NOT TO EXCEED $5,000,000.00 
FOR DIFFERENT CITY DEPARTMENTS 
(DOCKET NO. 0764) 

Ordered: That pursuant to section 1 1 of Chapter 643 
of the Acts of 1983, the City of Boston, acting by and 
through its Purchasing Agent and its Collector- 
Treasurer, with the approval of the Mayor, is authorized 
to acquire the following departmental equipment by 
entering into one or more lease, lease-purchase or 
installment sales agreements in Fiscal Year 2003, in an 
amount not to exceed $3,500,000 and in Fiscal Year 
2004 in an amount not to exceed $5,000,000, in such 
form or forms as the Purchasing Agent and Collector- 
Treasurer may determine with the approval of the 
Mayor; computer equipment (hardware and software), 
motor vehicles and trailers, firefighting equipment, 
office equipment, photocopying equipment, telecom- 
munications equipment, medical equipment, school and 
educational equipment, school buses, parking meters, 
and equipment functionally related to, and components 
of, the foregoing 

And Furthered Ordered: That pursuant to section 9 of 
Chapter 643 of the Acts of 1 983, the Collector-Treasurer 
be, and hereby is, authorized to execute and deliver, as 
appropriate, on behalf of the City of Boston, with the 
approval of the Mayor, trust, security and/or lease agree- 
ments and/or reimbursement agreements with attached 
letters of credit, and to procure, as appropriate, insur- 
ance to secure the City's obligation as authorized above, 
all in such form or forms as the Collector/Treasurer may 
determine with the approval of the Mayor. 

The order was before the body. 
Councilor Ross moved that the order be read a second 
time and again passed. The motion was carried. 

The order was read a second time and again 
passed, yeas 13. 



ORDER FOR LOAN OF $60,000,000.00 FOR PLAN- 
NING DESIGNINa ACQUIRING LAND FOR, 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDI- 
TIONS, AND MAJOR REPAIRS TO EXISTING 
FACILITIES INCLUDING ORIGINAL EQUIP- 
MENT AND LANDSCAPING, INCLUDING 
THE PLANTING OF SHADE TREES, PAVING 
AND OTHER SITE IMPROVEMENTS INCI- 
DENTAL OR DIRECTLY RELATED TO SUCH 
REMODELING, RECONSTRUCTION OR 
REPAIR FOR THE PURPOSES OF THE 
SCHOOL DEPARTMENT (DOCKET NO. 1 59) 

Ordered: That the sum of sixty million dollars 
($60,000,000) be, and hereby is. appropriated for pro- 
jects which may become approved school projects 



within the meaning of Chapter 645 of the Acts of 1948, 
as amended, including the planning, designing, acquir- 
ing land for, constructing and originally equipping 
structures and facilities and for remodeling, reconstruct- 
ing, or making major alterations, additions, and major 
repairs to existing facilities including original equip- 
ment and landscaping, including the planting of shade 
trees, paving and other site improvements incidental or 
directly related to such remodeling, reconstruction or 
repair for the purposes of the School Department; and 
that to meet said appropriation the Collector/Treasurer 
be, and hereby is authorized under the provisions of 
Chapter 642 of the Act of 1966, as amended, or under 
the provisions of Clauses (3) and/or (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 certifi- 
cates of indebtedness of the City up to said amount, pro- 
vided that the appropriation authorized be expended 
only for a high school in Mattapan; and be it 

Ordered: That the Office of Budget Management and 
the managing department for each project shall issue 
written quarterly capital reports to the Boston City 
Council on all capital construction projects funded by 
this loan order, beginning on October 1 , 2002 and sub- 
sequently on January 1, April 1 and July 1 of each pro- 
ject. These shall include the following information: 

Written description of projects summarizing activities 
for the last quarter including but not limited to: existing, 
current and future authorization detail, scope of project, 
current status of project, projected start date, projected 
milestones/benchmarks tied to construction schedule, 
projected completion date, projected on-line date, his- 
torical spending information, current year to date spend- 
ing information up to last date of reporting quarter, 
anticipated future spending, any information on antici- 
pated cost over-runs. 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
GRANT OF $257,518.13 FROM THE 
DEPARTMENT OF TREASURY, BUREAU OF 
ALCOHOL AND TOBACCO AND FIREARMS 
GANG RESISTANCE EDUCATION AND 
TRAINING (G.R.E.A.T.), FOR THE PURPOSE 
OF CONTINUING ITS GR.E.A.T. PROGRAM 
(DOCKET NO. 0178) 

The following was received: 

City of Boston 
Office of the Mayor 

January 23, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department a grant in the 
amount of $257,518.13 from the Department of 
Treasury, Bureau of Alcohol and Tobacco and Firearms 
Gang Resistance Education and Training (G.R.E.A.T.). 
The grant is to be used for the purpose of continuing its 
GR.E.A.T. Program. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting i>n behalf of the City 
of Boston Police Deparlmenl and pursuani to the author- 
ity granted to him uiuier M (1,1 . c. 44, ^) 53.\ be, and is 
hereby is aulhon/ed, to accept and expend a grant from 



186 



CITY COUNCIL 



the U.S. Department of Treasury's Bureau of Alcohol, 
Tobacco and Firearms G.R.E.A.T. in an amount not to 
exceed $257,518.13. 

On motion of Coun. Honan, the order was passed. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
GRANT OF $3,372,000 IN THE FORM OF A 
COMMONWEALTH OF MASSACHUSETTS 
EXECUTIVE OFFICE OF PUBLIC SAFETY, 
STATE COMMUNITY POLICING AWARD 
(DOCKET NO. 0388) 

The following was received: 

City of Boston 
Office of the Mayor 

March 11,2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend for the 
benefit of the Boston Police Department, an award in 
the amount of $3,372,000.00 in the form of a 
Commonwealth of Massachusetts Executive Office of 
Public Safety, State Community Policing grant award. 
The grant will be used for the purpose of continuing the 
Same Cop Same Neighborhood program. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the 
Boston Police Department and pursuant to M.G.L. c. 44, 
§ 53 A be, and is hereby is authorized, to accept and 
expend the Commonwealth of Massachusetts, 
Executive Office of Public Safety's award not to exceed 
the amount of $3,372,000. 

On motion of Coun. Honan, the order was passed. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
GRANT OF $74,137.81 FROM THE 
MASSACHUSETTS OFFICE OF THE 
ATTORNEY GENERAL, FOR THE PURPOSE 
OF A TRUANCY PREVENTION PROGRAM 
(DOCKET NO. 0697) 

The following was received: 

City of Boston 
Office of the Mayor 

May 28, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend a grant in 
the amount of $74,137.81 from the Massachusetts 
Office of the Attorney General. This award is made for 
the purpose of a truancy prevention program as well as 
a Vietnamese community relations specialist to provide 
outreach to the Vietnamese Community in Dorchester as 
a part of the Dorchester Safe Neighborhood Initiative. 

I urge your Honorable Body, to adopt this order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which they were granted. 
Sincerely, 

Thomas M. Menino, 



Mayor of Boston. 



Whereas, The Massachusetts Office of the Attorney 
General has authorized the issuance of funds to the 
Boston Police Department; and 

Whereas, The ftinds in the amount of $74,137.81 will 
be utilized by the Boston Police Department for the 
Dorchester Safe Neighborhood Initiative for a truancy 
prevention program as well as to provide education and 
services to the Vietnamese Community's victims of 
crime in Dorchester; now, therefore be it 

Ordered: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized 
to accept the Massachusetts Office of the Attorney 
General award not to exceed the amount of $74,137.81. 

On motion of Coun. Honan, the order was passed. 



ORDER AUTHORIZING THE DEPARTMENT OF 
NEIGHBORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR, ACCEPT AND 
EXPEND A FEDERAL FY2002 COMMUNITY 
DEVELOPMENT BLOCK GRANT OF 
$24,914,000.00 FROM THE U.S. 

DEPARTMENT OF HOUSfNG AND URBAN 
DEVELOPMENT (HUD) (DOCKET NO. 0514) 

The following was received: 

City of Boston 
Office of the Mayor 

May 28, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval, an Order autho- 
rizing the City of Boston to apply for, accept and expend 
Federal Fiscal Year 2002 Community Development 
Block Grant (CDBG) funds in an amount not to exceed 
TWENTY FOUR MILLION NINE HUNDRED AND 
FOURTEEN THOUSAND DOLLARS ($24,914,00) 
awarded to the City of Boston by the U.S. Department 
of Housing and Urban Development (HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may submit its applica- 
tion to HUD by the established deadline of May 15, 

2002. e- 1 

Sincerely, 

Thomas M. Menino, 

Mayor of Boston. 

Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to apply for and accept from the United States 
Department of Housing and Urban Development 
Federal FY2002 Community Development Block Grant 
funds in an amount not to exceed TWENTY FOUR 
MILLION NINE HUNDRED AND FOURTEEN 
THOUSAND DOLLARS ($24,914,000), and to expend 
said funds in accordance with section 53 A of chapter 44 
of the General Laws for the purposes for which they 
were granted as stated in the City of Boston's Federal 
FY2002 Action Plan, and in connection therewith, to 
execute and deliver such documents as may be required 
by the U.S. Department of Housing and Urban 
Development. 

Hearing no objection, the order was before the body. 
Councilor Yancey moved to amend with the following: 
"to apply for and accept Federal Fiscal Year 2002 
CDBG funds in an amount not to exceed $24,914,000 
and to expend $4,000,000 plus for human services". 

The motion was not carried, yeas 5 (Councilors 
Hennigan, Roache, Tobin, Turner and Yancey), nays 8. 
On motion of Councilor Honan the order was passed, 
yeas II, nays 2 (Councilors Turner and Yancey). 



JULY 10, 2002 



187 



ORDER AUTHORIZING THE DEPARTMENT OF 
NEIGHBORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR ACCEPT AND 
EXPEND FEDERAL FY2002 HOUSING 
OPPORTUNITIES FOR PERSONS WITH AIDS 
(HOPWA) GRANT OF $2,416,000.00 FROM 
THE U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) (DOCKET 
NO. 0517) 

The following was received: 

City of Boston 
Office of the Mayor 

April 16, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for, accept and 
expend Federal Fiscal Year 2002 Housing Opportunities 
for Persons With AIDS (HOPWA) funds in amount not 
to exceed TWO MILLION FOUR HUNDRED AND 
SIXTEEN THOUSAND DOLLARS ($2,416,000) 
awarded to the City of Boston by the U.S. Department 
of Housing and Urban development (HUD). 

I urge you to adopt this Order as soon as possible so 
that the City may submit its application to HUD in a 
timely manner by May 15, 2002. 

Sincerely yours, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to apply for and accept from the U.S. Department 
of Housing and Urban Development a FY2002 Housing 
Opportunities for Persons With AIDS Grant in an 
amount not to exceed TWO MILLION FOUR HUN- 
DRED AND SIXTEEN THOUSAND DOLLARS 
($2,416,000), and to extend said ftinds in accordance 
with section 53 A of chapter 44 of the General Laws, for 
the purposes for which they were granted as stated in the 
City of Boston's Federal FY2002 Action Plan, and in 
connection therewith, to execute and deliver such docu- 
ments as may be required by the U.S. Department of 
Housing and Urban Development. 

On motion of Coun. Hennigan, the order was 
passed. 



ORDER AUTHORIZING THE DEPARTMENT OF 
NEIGHBORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR, ACCEPT AND 
EXPEND A FEDERAL FY2002 EMERGENCY 
SHELTER GRANT OF $872,000.00 FROM THE 
U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) (DOCKET 
NO. 0516) 

The following was received: 

City of Boston 
Office of the Mayor 

April 16,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, an Order 
authorizing the City of Boston to apply for, accept and 
expend Federal Fiscal Year 2002 Emergency Shelter 
Grant (ESG) funds in an amount not to exceed EIGHT 
HUNDRED SEVENTY TWO THOUSAND DOL- 
LARS ($872,000) awarded to the City of Boston by the 
U.S. Department of Housing and Urban Development 
(HUD). 

1 urge your honorable Body to adopt this Order as 



soon as possible so that the City may submit its applica- 
tion to HUD in a timely manner by May 15, 2002. 
Sincerely yours, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development, 
be and hereby is, authorized to apply for and accept 
from the United States Department of Housing and 
Urban Development for a FY2002 Emergency Shelter 
Grant in an amount not to exceed EIGHT HUNDRED 
AND SEVENTY TWO THOUSAND DOLLARS 
($872,000), and to expend said funds in accordance with 
section 53A of chapter 44 of the General Laws for the 
purposes for which they were granted as stated in the 
City of Boston's Federal FY2002 Action Plan, and in 
connection therewith, to execute and deliver such docu- 
ments as may be required by the U.S. Department of 
Housing and Urban Development. 

On motion of Coun. Hennigan, the order was 
passed. 



ORDER AUTHORIZING THE DEPARTMENT OF 
NEIGHBORHOOD DEVELOPMENT (PUBLIC 
FACILITIES) TO APPLY FOR ACCEPT AND 
EXPEND A FEDERAL FY2002 HOME 
INVESTMENT PARTNERSHIPS (HOME) 
GRANT OF $7,515,000.00 FROM THE U.S. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT (HUD) (DOCKET NO. 0515) 

The following was received: 

City of Boston 
Office of the Mayor 

April 16, 2002 
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 
Federal Fiscal Year 2002 HOME Investment 
Partnerships (HOME) funds in an amount not to exceed 
SEVEN MILLION FIVE HUNDRED AND FIFTEEN 
THOUSAND DOLLARS ($7,515,000) awarded to the 
City of Boston by U.S. Department of Housing and 
Urban Development (HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may submit its applica- 
tion to BUD in a timely manner by May 15, 2002. 
Sincerely yours, 

Thomas M. Menino, 
Mayor of Boston. 

Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to apply for and accept from the United States 
Department of Housing and Urban Development for a 
FY2002 HOME Investment Partnerships Program 
Grant in an amount not to exceed SEVEN MILLION 
FIVE HUNDRED AND FIFTEEN THOUSAND DOL- 
LARS ($7,515,000) and to expend said funds in accor- 
dance with section 53A of chapter 44 of the General 
Laws for the purposes for which granted they were 
granted as stated in the City of Boston's Federal FY2002 
Action Plan, and in connection therewith, to execute and 
deliver such documents as may be required by the U.S. 
Department of Housing and Urban Dc\elopmcnt. 

Councilor Hennigan moved to delete the words "and 
expend" from the order 

The motion was carried. 

On motion of Coun. Hennigan, the order, as 
amended, was passed. 



188 



CITY COUNCIL 



ORDER FOR A REFUNDING LOAN ORDER NOT 
TO EXCEED $145,000,000.00 FOR THE PUR- 
POSE OF REFUNDING ALL OR SUCH POR- 
TION, AS THE CITY MAY DETERMINE, OF 
THE CITY'S OUTSTANDING REVENUE 
REFUNDING BONDS, BOSTON CITY 
HOSPITAL (FHA ENSURED MORTGAGE), 
SERIES B, IN ORDER TO REDUCE INTER- 
EST AND OTHER CARRYING COSTS 
(DOCKET NO. 0660) 

The following was received: 

City of Boston 
Office of the Mayor 

May 21, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval a refunding loan 
order not to exceed $145,000,000 for the purpose of 
refunding all or such portion, as the City may determine, 
of the City's outstanding Revenue Refunding Bonds, 
Boston City Hospital (FHA Insured Mortgage), Series 
B, in order to reduce interest and other carrying costs. 
I urge your Honorable Body to pass this order. 
Sincerely yours, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: that, in order to reduce interest and other 
carrying costs, the Collector-Treasurer and Chief 
Financial Officer, with the approval of the Mayor, is 
authorized to issue refunding bonds pursuant to Section 
13 of Chapter 643 of the Acts of 1983, as amended (the 
"Bond Procedure Act"), and Chapter 659 of the Acts of 
1986, as amended (the "Bond Act"), to refund all or 
such portion of the City's outstanding Revenue 
Refunding Bonds, Boston City Hospital (FHA Insured 
Mortgage), Series B, as the Collector-Treasurer and 
Chief Financial Officer, with the approval of the Mayor, 
may determine; that the refunding bonds shall be issued 
in an amount notto exceed $145,000,000inorder to pay 
the principal, redemption premium, if any, and interest 
on the bonds to be refunded, costs of issuance of the 
refiinding bonds and costs of redeeming the bonds to be 
refunded, and such reserves for the payment of debt ser- 
vice on such refunding bonds as the Collector- Treasurer 
and Chief Financial Officer, with the approval of the 
Mayor, may determine to be necessary or appropriate 
therefor; that any such refunding bonds may be issued 
as general obligations of the City for which its full faith 
and credit are pledged, or as special obligations of the 
City secured as provided in Section 8 of the Bond 
Procedure Act and Sections 3 and 4 of the Bond Act; 
and that the Collector- Treasurer and Chief Financial 
Officer, with the approval of the Mayor, is authorized to 
execute pursuant to Section 9 of the Bond Procedure Act 
such instruments and other documents, including with- 
out limitation one or more trust or other security agree- 
ments, as may be necessary or desirable to issue and 
secure such refunding bonds and to refund the bonds to 
be refunded, all as determined by the Collector- 
Treasurer, with the approval of the Mayor, prior to the 
issuance thereof 

On motion of Coun. Ross, the order was passed, 

yeas 12, nays 0. Voting present 1 (Coun. Turner). 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 5 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER FOR A HEARING TO DISCUSS PERMIT 



APPLICATIONS FOR ACCORDION TYPE 
DOORS AND WINDOWS (DOCKET NO. 
0897) 

Councilors Kelly, Scapicchio, Tobin and Yancey 
offered the following: 

Whereas, Due to existing zoning laws, work permits 
for "accordion type doors" quite often are granted to 
property owners whose restaurants and/or bars in South 
Boston open directly onto public sidewalks; and 

Whereas, Because such work is done as a "matter of 
right" no one in the neighborhood: the residents, civic 
leaders or the elected officials, are aware of what is 
being built until renovation work has been completed; 
and 

Whereas, Accordion type doors (and accordion type 
windows), in some instances, can be harmless if the 
license holder lives up to his/her responsibilities regard- 
ing noise levels. In a heavy residential neighborhood 
like South Boston, however, open doors and open win- 
dows can be a serious nuisance and the neighborhood 
residents should not be forced to accept excessive noise 
eminating fi-om a licensed premises; be it therefore 

Ordered, That a public hearing be held to discuss 
these concerns and that all interested parties, including 
representatives of the Boston Redevelopment Authority, 
are respectfully invited to attend and work with the 
executive and legislative branches of city government to 
facilitate whatever changes to South Boston's zoning 
laws are necessary to require that all permit applications 
within Ward Six and Ward Seven, (precincts, 1-9) for 
"accordion type doors and accordion type windows", 
prior to being approved, receive a zoning variance from 
the city's Board of Appeals. 

Referred to the Committee on Planning and 
Economic Development. 



( 



C 



ORDER FOR A HEARING TO DISCUSS ROOF 
DECK APPLICATIONS (DOCKET NO. 0898) 

Councilors Kelly, Scapicchio, Tobin and Yancey 
offered the following: 

Whereas, Although the construction of roof decks in 
South Boston and other interested communities and East 
Boston and all parts of the City has been going on for 
more than two decades, in recent years the number of 
building applications has increased dramatically; and 

Whereas, For the most part, roof decks are harmless 
and, in fact can be a positive addition when they provide 
an opportunity for residents to enjoy a view of the city, 
or a place for a "family get together" and 

Whereas, On the other hand, the enjoyment of a roof 
deck to some can be the cause of grief to the immediate 
neighbors when privacy rights are threatened, or the 
"get together" turns into a late night party; and 

Whereas, In addition, in some instances, roofdecks 
that comply with applicable zoning laws are built as a 
matter of right; while in other instances, other applicants 
who live nearby cannot proceed with work until a zon- 
ing variance has been approved by the city's Board of 
Appeal; and 

Whereas, This situation gives the perception that 
some applicants are being treated differently than others 
- especially to the average citizen who is not familiar 
with all the nuances of the Boston Zoning Code; be it 
therefore 

Ordered, To address these aforementioned problems 
the appropriate committee of the Boston City Council is 
requested to conduct a public hearing and to invite rep- 
resentatives of the Boston Redevelopment Authority to 
discuss amending the zoning code, where needed to 
require that all roof deck applications in Ward Six and 
Ward Seven (Precincts 1-9), prior to being approved, 
receive a zoning variance from the city's Board of 
Appeals. 



c 



JULY 10, 2002 



189 



Councilor Scapicchio moved to amend the order by 
adding the words "and other interested communities and 
East Boston" after the words "South Boston" in the first 
paragraph. The motion was carried. Councilor Tobin 
moved to amend the order by adding the words "and all 
parts of the City" after the words "East Boston" in the 
first paragraph. The motion was carried. 

The order, as amended, was referred to the 
Committee on Planning and Economic Development. 



above, to create a strategic plan to reduce the violence; 
Be It Further 

Ordered, That these hearings begin convening imme- 
diately. 

Referred to the Committee on Public Safety. 



ORDER FOR A HEARING TO DISCUSS THE 
CURLEY MANSION (DOCKET NO. 0899) 

Councilors Heimigan and Tobin offered the follow- 
ing: 

Whereas, It has been reported today that the City is in 
negotiations concerning the renting of the Curley 
Mansion located at 350 Jamaica Way; and 

Whereas, The Jamaica Plain community and resi- 
dents across the City have had a long standing coimec- 
tion with the Curley Mansion and should be part of any 
discussion as to its future; and 

Whereas, The original idea was to turn the landmark 
house into a museum of inmiigrant history but that has 
not occurred; and 

Whereas, Fiduciary responsibility lies with the city, 
the Public and City Council should have the opportunity 
to have an open forum to discuss the future direction of 
the property; be it therefore 

Ordered, That the appropriate committee holds a 
hearing to provide a forum for a community discussion 
on the fate of the Curley Mansion property. 

Referred to the Committee on Environment and 
Historic Preservation. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0900) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, July 6, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
September 27, 2002: 

Janelle Hofftnan, Secretaty, $180/week, part time. 

Passed under suspension of the rules. 



ORDER FOR A HEARING TO CREATE A PLAN TO 
REDUCE VIOLENCE (DOCKET NO. 0901) 

Councilors Honan, Consalvo, Feeney, Flaherty, 
Hennigan, Kelly, Murphy, Roache, Ross, Scapicchio, 
Tobin, Turner and Yancey offered the following: 

Whereas, Overall incidents of homicides and violent 
crimes have continued to increase steadily for the sec- 
ond consecutive year and have increased dramatically 
within recent weeks. 

Whereas, Specific areas of Boston are bearing the 
impact of these violent crimes and are at greater risk to 
further incidents of violence. 

Whereas, Citizens of Boston living in these areas are 
living in fear. 

Whereas, The City of Boston and all of its resources 
must be dedicated to working with residents, the clergy 
and community leaders in these areas to restore safety 
and peace. 

Whereas, This work will also require the dedication 
the Commonwealth of Massachusetts, and private cor- 
porations; Therefore Be It 

Ordered, That the City Council hold hearings in the 
impacted areas, convening all the parties mentioned 



LATE-FILED MATTERS 

The chair stated that, in absence of objection, 3 late- 
filed matters would be added to the agenda. 

No objection being heard, the following matters were 
added: 

ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS (PROPOSAL A) 
(DOCKET NO. 0902) 

Councilor FEENEY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS (Proposal A) 

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

City of Boston Code, Ordinances, Chapter Two be 
amended by striking 2-9.2 in its entirety and replacing it 
with the following new language: 

The districts redrawn under authority of Chapter 605 of 
the Acts of 1982 as amended by Chapter 343 of the Acts 
of 1986 are hereby redrawn, as follows: 

District I - Consisting of precincts numbered one 
through fourteen of Ward One; precincts numbered one 
through seven of Ward Two; and precincts numbered 
one through four, and six of Ward Three. 

District 2 - Consisting of precincts numbered seven and 
eight of Ward Three; precincts numbered one and two of 
Ward Four; the precinct numbered one of Ward Five; 
precincts numbered one through nine of Ward Six; 
precincts numbered one through eight of Ward Seven; 
precincts numbered one through three, and six of Ward 
Eight; and, precincts numbered one and two of Ward 
Nine. 

District 3 - Consisting of precinct numbered fifteen of 
Ward One; precinct numbered nine of Ward Seven; 
precincts numbered three, and six through ten of Ward 
Thirteen; precincts numbered two through nine of Ward 
Fifteen; precincts numbered one, two, and four through 
twelve of Ward Sixteen; and precincts numbered four, 
and twelve through foiuteen of Ward Seventeen. 

District 4 - Consisting of precincts numbered two 
through fourteen of Ward Fourteen; precinct numbered 
three of Ward Sixteen; precincts numbered one through 
three, and five through eleven of Ward Seventeen; and 
precincts numbered one through four, and twenty-one of 
Ward Eighteen. 

District 5 - Consisting of precincts numbered five 
through twenty, twenty-two and twenty-three of Ward 
Eighteen; precincts numbered seven, and ton through 
thirteen of Ward Nineteen; and precincts numbered one 
and two, four, eight, and nine of Ward Twenty. 

District 6 - Consisting of precincts numbered one 
through nine of Ward Ten; precincts numbered eight 
through ten of Ward Eleven; precincts numbered one 
through six, and eight of Ward Nineteen; and precincts 
numbered three, five through seven, nine and ten 
through twenty of Ward Twenty. 



190 



CITY COUNCIL 



District 7 - Consisting of precincts numbered three and 
four of Ward Four; precinct ten of Ward Seven; 
precincts numbered four, five, and seven of Ward Eight; 
precincts numbered three through five of Ward Nine; 
precincts numbered one through seven of Ward Eleven; 
precincts numbered one through nine of Ward Twelve; 
precincts numbered one, two, four, and five of Ward 
Thirteen; precinct numbered one of Ward Fourteen; and 
the precinct numbered one of Ward Fifteen. 

District 8 - Consisting of precinct numbered five of 
Ward Three, precincts numbered five through ten of 
Ward Four; precincts numbered two through eleven of 
Ward Five; and, precincts numbered one and two of 
Ward Twenty-One. 

District 9 - Consisting of precincts numbered three 
through sixteen of Ward Twenty-One; and, precincts 
numbered one through thirteen of Ward Twenty-Two. 

Referred to the Committee on Census and 
Redistricting. 



ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS (PROPOSAL B) 
(DOCKET NO. 0903) 

Councilor FEENEY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS 

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

City of Boston Code, Ordinances, Chapter Two be 
amended by striking 2-9.2 in its entirety and replacing it 
with the following new language: 

The districts redrawn under authority of Chapter 605 of 
the Acts of 1 982 as amended by Chapter 343 of the Acts 
of 1986 are hereby redrawn, as follows: 

District One - Consisting of precincts numbered one 
through fourteen of Ward One; precincts numbered one 
through seven of Ward Two; and precincts numbered 
one through four, and six of Ward Three. 

District Two - Consisting of precincts numbered seven 
and eight of Ward Three; precincts numbered one 
through three of Ward Four; the precinct numbered one 
of Ward Five; precincts numbered one through nine of 
Ward Six; precincts numbered one through nine of Ward 
Seven; precincts numbered one and two of Ward Eight; 
and precinct number one of Ward Nine. 

District Three - Consisting of precinct numbered fifteen 
of Ward One; precincts numbered three, and six through 
ten of Ward Thirteen; precincts numbered one, three, 
four, and six through nine of Ward Fifteen; precincts 
numbered one through twelve of Ward Sixteen; and 
precincts numbered four, and twelve through fourteen of 
Ward Seventeen. 

District Four - Consisting of precincts numbered one 
through fourteen of Ward Fourteen; precincts numbered 
two and five of Ward Fifteen; precincts numbered one 
through three, and five through eleven of Ward 
Seventeen; and precincts numbered one, two, and four 
of Ward Eighteen. 

District Five - Consisting of precincts numbered three, 
and five through twenty-three of Ward Eighteen; 



precincts numbered ten, eleven, and thirteen of Ward 
Nineteen; and precincts numbered one, two, four, eight, 
and nine of Ward Twenty. 

District Six - Consisting of precincts numbered six, 
seven, and nine of Ward Ten; precincts numbered four, 
and six through ten of Ward Eleven; precincts numbered 
one through nine, and twelve of Ward Nineteen; and 
precincts numbered three, five through seven, and ten 
through twenty of Ward Twenty. 

District Seven - Consisting of precincts numbered four, 
five, eight, and nine of Ward Four; precinct numbered 
ten of Ward Seven; precincts numbered three through 
seven of Ward Eight; precincts numbered two through 
five of Ward Nine; precincts numbered one through 
three, and five of Ward Eleven; precincts numbered one 
through nine of Ward Twelve; and precincts numbered 
one, two, four, and five of Ward Thirteen. 

District Eight - Consisting of precinct numbered five of 
Ward Three; precincts numbered six, seven, and ten of 
Ward Four; precincts numbered two through eleven of 
Ward Five; precincts numbered one through five, and 
eight of Ward Ten; and precincts numbered one and two 
of Ward Twenty-One. 

District Nine - Consisting of precincts numbered three 
through sixteen of Ward Twenty-One; and, precincts 
numbered one through thirteen of Ward Twenty-Two. 

Referred to the Committee on Census and 
Redistricting. 



ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS (PROPOSAL C) 
(DOCKET NO. 0904) 

Councilor FEENEY offered the following: 

City of Boston 
In the Year Two Thousand and Two 

AN ORDINANCE AMENDING CITY COUNCIL 
ELECTORAL DISTRICTS 

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

City of Boston Code, Ordinances, Chapter Two be 
amended by striking 2-9.2 in its entirety and replacing it 
with the following new language: 

The districts redrawn under authority of Chapter 605 of 
the Acts of 1982 as amended by Chapter 343 of the Acts 
of 1986 are hereby redrawn, as follows: 

District One - Consisting of precincts numbered one 
through fourteen of Ward One; precincts numbered one 
through seven of Ward Two; and precincts numbered 
one through five of Ward Three. 

District Two - Consisting of precincts numbered six and 
eight of Ward Three; precinct numbered three of Ward 
Five; precincts numbered one through nine of Ward Six; 
precincts numbered one through ten of Ward Seven; 
precincts numbered five and six of Ward Eight; 
precincts numbered two, four, and five of Ward 
Thirteen; precincts numbered one and four of Ward 
Fourteen; and precincts numbered one through three of 
Ward Fifteen. 

District Three - Consisting of precinct numbered fifteen 
of Ward One; precincts numbered three, and six through 
ten of Ward Thirteen; precincts numbered four through 
nine of Ward Fifteen; precincts numbered one through 
twelve of Ward Sixteen; and precincts numbered four. 



JULY 10, 2002 



191 



and eleven through fourteen of Ward Seventeen. 

District Four - Consisting of precinct numbered seven of 
Ward Twelve; precincts numbered two, three, and five 
through fourteen of Ward Fourteen; precincts numbered 
one through three, and five through ten of Ward 
Seventeen; and precincts numbered one through four, 
and twenty-one of Ward Eighteen. 

District Five - Consisting of precincts numbered five 
through twenty, twenty-two and twenty-three of Ward 
Eighteen; precincts numbered ten through thirteen of 
Ward Nineteen; and precincts numbered one and two, 
four, eight, and nine of Ward Twenty. 

District Six - Consisting of precincts numbered six, 
seven and nine of Ward Ten; precincts numbered four 
through ten of Ward Eleven; precincts numbered one 
through nine of Ward Nineteen; and precincts numbered 
three, five through seven, and ten through twenty of 
Ward Twenty. 

District Seven - Consisting of precinct numbered seven 
of Ward Three; precincts numbered one through four, 
and nine of Ward Four; precinct numbered one of Ward 
Five; precincts numbered one through four, and seven of 
Ward Eight; precincts numbered one through five of 
Ward Nine; precinct numbered one of Ward Ten; 
precincts numbered one through three of Ward Eleven; 
precincts numbered one through nine of Ward Twelve; 
and precinct numbered one of Ward Thirteen. 

District Eight - Consisting of precincts numbered five 
through eight, and ten of Ward Four; precincts num- 
bered two, and four through eleven of Ward Five; 
precincts numbered two through five, and eight of Ward 
Ten; and precincts numbered one and two of Ward 
Twenty-One. 

District Nine - Consisting of precincts numbered three 
through sixteen of Ward Twenty-One; and, precincts 
numbered one through thirteen of Ward Twenty-Two. 

Referred to the Committee on Census and 
Redistricting. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
Scapicchio wanted to invite all the Councilors and the 
folks at home to a rededication of the Andrew Puopolo 
Park taking place this weekend in the North End. 



CONSENT AGENDA 

The Chair moved adoption of the 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: 



Councilor Consalvo: Congratulating Leigh 
Montgomery (Docket No. 0891). 

Councilor Scapicchio: Congratulating Delphine 
Aguiar (Docket No. 0892). 

Councilor Turner: Congratulating His Excellency 
President Pedro Pires (Docket No. 0893); 
Congratulating His Excellency Archbishop Patrick 
Ekpu (Docket No. 0894). 

Councilor Kelly: Congratulating Sgt. Det. Thomas H. 
Miller, Jr (Docket No. 0895). 

Councilor Tobin: Congratulating Julie Scardina 
(Docket No. 0896). 

The matters contained within the Consent Agenda 
were severally adopted. 



Adjourned at 5:05 p.m., on motion of President 
Flaherty, in memory of Junku Zulu Jackson, Trina Arma 
Persad, John Connolly and Johnny McDougall, to meet 
again on July 31, 2002 at 12:30 p.m. 



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



Councilors Turner and Yancey: Congratulating Glenn 
Marshall (Docket No. 0883); Congratulating Marquita 
Pelfier (Docket No. 0884). 

Councilor Honan: Congratulating Robert A. 
Steadman (Docket No. 0885). 

Councilor Tobin: Congratulating Luis Galindo 
(Docket No. 0886); Congratulating Bromley Heath 
Senior Social & Wellness Center (Docket No. 0887); 
Congratulating City Life (Docket No. 0888); 
Congratulating the Red Elephant Saturday School 
Program (Docket No. 0889); Congratulating the United 
Baptist Church (Docket No. 0890). 



f 



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CITY COUNCIL 



193 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, August 14, 2002 

Regular meeting of the City Council of the City of 
Boston was held in the Christopher A. lannella 
Chamber, City Hall at 12:50 p.m. President Flaherty in 
the Chair and all members present 

INVOCATION 

Reverend Carney E. Gavin, St. Columbkille's, 
Brighton, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY PRESIDENT FLAHERTY 

After the tragic loss of Councilor Brian J. Honan, 
President Flaherty presented the Honan family with 
Books of Condolences and Brian's City Council name- 
plate. 

Councilor Flaherty invited Brian's brother, Kevin, to 
say a few words and Kevin thanked all the Councilors 
for being there for the family recently and for being 
there for Brian in his career on the Council where he 
was proud to serve. He thanked Father Carney Gavin 
who helps us to see extraordinary goodness in the mid- 
dle of painful times. He also thanked the people of 
Boston who have shown support and sympathy over the 
past few weeks. His family was very moved by the out- 
pouring of love. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $2,878,947 FROM U.S. 
DEPARTMENT OF TRANSPORTATION'S 
MARITIME ADMINISTRATION TO POLICE 
DEPARTMENT (DOCKET NO. 0905) 

The following was received: 

City of Boston 
Office of the Mayor 

June 20, 2002 
To the City Council. 
Dear Councillors: 

1 hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $2,878,947 in the form of a Port 
Security Grant from the US Department of 
Transportation's Maritime Administration to the Boston 
Police Department. 

1 urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the fiinds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the City 
of Boston be, and hereby is authorized, pursuant to sec- 
tion 53A of chapter 44 of the General Laws, to accept 
and expend, the US Department of Transportation's 
Maritime Administration Port Security Grant award to 
the Boston Police Department not to exceed the amount 
of Two Million Eight Hundred and Seventy Eight 
Thousand Nine Hundred and Forty Seven Dollars 
($2,878,947.00). 

Referred to the Committee on Public Safety. 



ORDER TO DECLARE SURPLUS FORMER 
BOATHOUSE LOCATED AT OR NEAR CON- 
GRESS STREET BRIDGE AND TRANSFER 
CARE, CUSTODY, MANAGEMENT AND 
CONTROL OF SAID PROPERTY TO PUBLIC 
FACILITIES COMMISSION (DOCKET NO. 
0906) 

The following was received: 

City of Boston 
Office of the Mayor 

July 29, 2002 
To the City Council. 
Dear Councillors: 

I submit herewith and recommend that you approve 
the enclosed Order to declare surplus the former 
Boathouse located at or on the Congress St. Bridge and 
transfer the care, custody, management and control 
thereof to the Public Facilities Commission. This will 
allow for sale or lease under terms and conditions 
deemed most appropriate for the City of Boston. 

I recommend the adoption of this Order by your 
Honorable Body. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the former Boathouse and surrounding 
property located at or on the Congress Street Bridge as 
shown on the plan marked Exhibit A attached hereto, is 
hereby declared surplus within the meaning of section 
31 of chapter 486 of the Acts of 1909 (as appearing in 
St. 1966, c. 642, s. 12) and the care, custody, manage- 
ment and control thereof is transferred to the Public 
Facilities Commission. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER AUTHORIZING PUBLIC WORKS DEPART- 
MENT TO ACCEPT AND EXPEND GRANT 
OF $100,000 FOR PERIOD OF SEPTEMBER 1, 
2002 THROUGH AUGUST 31, 2003 FROM 
COMMONWEALTH OF MASSACHUSETTS, 
EXECUTIVE OFFICE OF ENVIRONMENTAL 
AFFAIRS, FOR RECYCLING PROGRAM 
(DOCKET NO. 0907) 

The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the Public Works Department to accept and 
expend an amount of ONE HUNDRED THOUSAND 
DOLLARS ($100,000), for the period of September 1, 
2002 through August 31, 2003, from the 
Commonwealth of Massachusetts, Executive OfTice of 
Environmental Affairs through the Department of 
Environmental Protection. 

The funds will be used for the Boston Public Works 
Department Recycling Program in increasing recycling 
in Multi-family buildings to encourage residents to par- 
ticipate in the City's recycling services. 

I urge your Honorable Body to pass this Order. 
Sincerely, 

Thomas M. Menino, 
Mavor of Boston. 



Ordered: That the Public Works Department, acting 
on behalf of the City of Boston, be, and licrcbv is, autho- 



194 



CITY COUNCIL 



rized in accordance the section 53 A of chapter 44 of the 
General Laws, to accept and expend an amount of ONE 
HUNDRED THOUSAND DOLLARS ($100,000), for 
the period of September 1, 2002 through August 31, 
2003, from the Commonwealth of Massachusetts, 
Executive Office of Environmental Affairs through the 
Department of Environmental Protection, for the pur- 
pose of supporting the Boston Public Works Department 
Recycling Program. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND A GRANT 
OF $30,000 FROM MASSACHUSETTS HIS- 
TORICAL COMMISSION TO SUPPORT 
BOSTON LANDMARKS COMMISSION FORT 
POINT CHANNEL STUDY PROGRAM 
(DOCKET NO. 0908) 

The following was received: 

City of Boston 
Office of the Mayor 

July 17,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval, an Order to 
accept and expend for the benefit of the Environment 
Department, a grant from the "Massachusetts Historical 
Commission in the amount of THIRTY THOUSAND 
DOLLARS ($30,000.00). The grant will be used to sup- 
port the Boston Landmarks Commission Fort Point 
Channel Study Project. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
pose for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the City 
of Boston's Environment Department and pursuant to 
the authority granted to him under section 53A of chap- 
ter 44 of the General Laws be, and hereby is authorized 
to accept and expend a grant in an amount not to exceed 
THIRTY THOUSAND DOLLARS ($30,000.00) from 
the Massachusetts Historical Commission to support the 
Boston Landmarks Commission Fort Point Channel 
Study Program. 

Referred to the Committee on Environment and 
Historic Preservation. 



in the amount of $33,500 in the form of an Executive 
Office of Public Safety, Edward Byrne Memorial State 
and Local Law Enforcement Assistance program grant 
award to the Boston Police Department, for the purpose 
of implementing the "New Horizons for Youth" initia- 
tive - an after school program at the Dearborn Middle 
School. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these ftinds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the City 
of Boston Police Department be, and hereby is autho- 
rized, pursuant to section 53A of chapter 44 of the 
General Laws, to accept and expend the Executive 
Office of Public Safety's award not to exceed the 
amount of Thirty Three Thousand and Five Hundred 
Dollars ($33,500.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$50,124.22 FROM COMMONWEALTH OF 
MASSACHUSETTS EXECUTIVE OFFICE OF 
PUBLIC SAFETY FOR COSTS ASSOCIATED 
WITH ISRAEL INDEPENDENCE DAY CELE- 
BRATION (DOCKET NO. 0910) 

The following was received: 

City of Boston 
Office of the Mayor 

June 27, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $50,124.22 in the form of a 
Commonwealth of Massachusetts Executive Office of 
Public Safety, State Community Policing grant award to 
the Boston Police Department, for costs associated with 
the Israel Independence Day Celebration. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$33,500 FROM EXECUTIVE OFFICE OF PUB- 
LIC SAFETY, EDWARD BYRNE MEMORIAL 
STATE AND LOCAL LAW ENFORCEMENT 
ASSISTANCE PROGRAM GRANT FOR PUR- 
POSE OF IMPLEMENTING "NEW HORI- 
ZONS FOR YOUTH" INITIATIVE - AN AFTER 
SCHOOL PROGRAM AT DEARBORN MID- 
DLE SCHOOL (DOCKET NO. 0909) 

The following was received: 

City of Boston 
Office of the Mayor 

July 25, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 



Ordered: That the Mayor, acting on behalf of the City 
of Boston and the Boston Police Department be, and 
hereby is authorized, pursuant to section 53 A of chapter 
44 of the General Laws, to accept and expend the 
Commonwealth of Massachusetts, Executive Office of 
Public Safety's award not to exceed the amount of 
$50,124.22 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZFNG PUBLIC WORKS DEPART- 
MENT TO ACCEPT AND EXPEND A GRANT 
OF $40,000 FOR PERIOD OF AUGUST 1, 2002 
THROUGH JULY 31, 2003 FROM THE COM- 
MONWEALTH OF MASSACHUSETTS, 
EXECUTIVE OFFICE OF ENVIRONMENTAL 
AFFAIRS THROUGH DEPARTMENT OF 
ENVIRONMENTAL PROTECTION TO HIRE 
RECYCLING TECHNICAL ASSISTANT 



AUGUST 14, 2002 



195 



STAFF PERSON (DOCKET NO, 091 1) 

The following was received: 

City of Boston 
Office of the Mayor 

To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the Public Works Department to accept and 
expend an amount of FORTY THOUSAND DOLLARS 
($40,000), for the period of August 1, 2002 through July 
31, 2003, from the Commonwealth of Massachusetts, 
Executive Office of Environmental Affairs through the 
Department of Environmental Protection. 

The funds will be used for the Boston Public Works 
Department Recycling Program to hire Recycling 
Technical Assistant Staff Person. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Public Works Department, acting 
on behalf of the City of Boston, be, and hereby is, autho- 
rized in accordance the section 53 A of chapter 44 of the 
General Laws, to accept and expend an amount of 
FORTY THOUSAND DOLLARS ($40,000), for the 
period of August 1, 2002 through July 31, 2003, from 
the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs through the Department of 
Environmental Protection, for the purpose of hiring a 
Recycling Technical Assistant Staff Person. 

Referred to the Committee on Environment and 
Historic Preservation. 



General Laws, to accept and expend the award of the 
United States Department of Justice, Office , of Juvenile 
Justice and Delinquency Prevention, not to exceed the 
amount of Ninety Seven Thousand One Hundred and 
Seventy Nine Dollars ($97,179.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND A GRANT OF 
$97,179 FROM UNITED STATES DEPART- 
MENT OF JUSTICE, OFFICE OF JUVENILE 
JUSTICE AND DELINQUENCY PREVEN- 
TION FOR PURPOSE OF CONTINUING 
SOUTH BOSTON COMMUNITY COALITION 
TO PREVENT SUBSTANCE ABUSE 
(DOCKET NO. 0912) 

The following was received: 

City of Boston 
Office of the Mayor 

July 10,2002 
To the City Council. 
Dear Councillors: 

1 hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $97,179.00 in the form of a United 
States Department of Justice, Office of Juvenile Justice 
and Delinquency Prevention "Dnig Free Communities 
Support Program" supplemental (#2) grant award to the 
Boston Police Department, for the purpose of continu- 
ing the South Boston Community Coalition to Prevent 
Substance Abuse - a comprehensive community based 
response to substance abuse by youth. 

1 urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on bchall ol'the City 
of Boston Police Department be, and hereby is autho- 
rized, pursuant to section 53.'\ of chapter 44 of the 



ORDER APPROVING ISSUANCE OF TAX-EXEMPT 
REFUNDING BONDS IN A PRINCIPAL 
AMOUNT OF $55,000,000 TO PAY THE PRTN- 
CIPAL, REDEMPTION PREMIUM AND 
INTEREST ON BONDS TO BE REFUNDED, 
AND COSTS OF ISSUANCE OF THE 
REFUNDING BONDS (DOCKET NO. 0913) 

The following was received: 

City of Boston 
Office of the Mayor 

July 23, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an Order autho- 
rizing the issuance of tax-exempt refunding bonds in a 
principal amount not to exceed Fifty Five Million 
Dollars ($55,000,000). The current conditions in the 
municipal bond market appear to be favorable for the 
City to potentially realize significant savings in debt ser- 
vice costs by refunding certain of its outstanding general 
obligation bonds. 

The practicality of debt service savings associated 
with a refunding bond issue are extremely sensitive to 
bond market conditions, including particularly interest 
rates. Therefore, I urge your Honorable Body to pass 
this Order as expeditiously as possible so that the City 
will be positioned to issue refunding bonds on short 
notice and thereby effect savings in its debt service pay- 
ments. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That, in order to reduce interest costs, the 
Collector-Treasurer and Chief Financial Officer, with 
the approval of the Mayor, is authorized to issue reftind- 
ing bonds pursuant to Section 13 of Chapter 643 of the 
Acts of 1983 (the "Act") to refund such portion of the 
outstanding bonds of the City as the Collector-Treasurer 
and Chief Financial Officer, with the approval of the 
Mayor, may select; that the refunding bonds shall be 
issued in an amount not to exceed Fifty Five Million 
Dollars ($55,000,000), in order to pay the principal, 
redemption premium and interest on the bonds to be 
refunded, and costs of issuance of the refunding bonds; 
and that the Collector- Treasurer and Chief Financial 
Officer, with the approval of the Mayor, is authorized to 
execute such documents, pursuant to Section 9 of the 
Act, as may be necessary or desirable to carry out this 
transaction including without limitation a refunding 
trust agreement with a bank or trust company. 

On motion of Councilor Ross, the nilcs were sus- 
pended; the order was passed. 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT TEN (10) MASS DECONTAMINA- 
TION UNITS FROM FEDERAL EMERGENCY 
MANAGEMENT AGENCY THROUGH 
GRANT FROM U.S. DEPARTMENI OF JUS- 
TICE. OFFICE OF DOMESTIC PREPARED- 
NESS (DOCKET NO. 0914) 

The Ibllowini; was recei\ed: 



196 



CITY COUNCIL 



City of Boston 
Office of the Mayor 

July 30, 2002 
To the City Council. 
Dear Councillors: 

I am submitting for your approval an order, pursuant 
to M.G.L. C.44, §53A'/2, authorizing the Boston Fire 
Department to accept delivery of Ten (10) Mass 
Decontamination Units fi^om the Federal Emergency 
Management Agency provided through a grant from the 
U.S. Department of Justice, Office of Domestic 
Preparedness. 

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

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the Mayor, acting on behalf of the 
Boston Fire Department and pursuant to M.G.L. c.44, 
§53A'/2 be, and is hereby authorized to accept delivery 
of Ten (10) Mass Decontamination Units from the 
Massachusetts Emergency Management Agency. 

Referred to the Committee on Public Safety. 



ORDER FOR LOAN OF $33,500,000 FOR ACQUIR- 
ING LAND OR INTERESTS IN LAND, FOR 
ANY PURPOSE FOR WHICH THE CITY IS OR 
MAY HEREAFTER BE AUTHORIZED TO 
ACQUIRE LAND OR INTERESTS THEREIN; 
AND FOR CONSTRUCTION OF BUILDINGS, 
OR ADDITIONS TO SUCH BUILDINGS 
WHERE SUCH ADDITIONS INCREASE 
FLOOR SPACE OF SAID BUILDINGS 
INCLUDING COST OF ORIGFNAL EQUIP- 
MENT AND FURNISHINGS OF SAID 
BUILDING (DOCKET NO. 0915) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $33,500,000 for acquiring 
land, or interests in land, for any purpose for which the 
City is or may hereafter be authorized to acquire land or 
interests therein; and for the construction of buildings, 
or for additions to such buildings where such additions 
increase floor space of said buildings, including the cost 
of original equipment and furnishings of said buildings. 
I urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of Thirty Three Million Five 
Hundred Thousand Dollars ($33,500,000) be, and 
hereby is, appropriated for acquiring land, or interests in 
land, for any purpose for which the City is or may here- 
after be authorized to acquire land or interests therein, 
not otherwise specifically provided for; and for the con- 
struction of buildings, or for additions to such buildings 
where such additions increase the floor space of said 
buildings, including the cost of original equipment and 
furnishings of said buildings, and that to meet said 
appropriation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause (3) of Section 
7 of Chapter 44 of the General Laws, to issue from time 
to time, with the approval of the Mayor, bonds, notes or 
certificates of indebtedness of the City up to said 



amount, provided that the appropriation authorized 
through this order be expended only on those projects as 
described by name attached herein. 

Attachment: 

1010 Massachusetts Avenue Project 

Referred to the Committee on Ways and Means. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND 
GRANT OF $7,515,000 FROM UNITED 
STATES DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT FOR A FY2002 
HOME INVESTMENT PARTNERSHIPS PRO- 
GRAM (DOCKET NO. 0916) 

The following was received: 

City of Boston 
Office of the Mayor 

July 24, 2002 
To the City Council. 
Dear Councillors: 

I fransmit herewith for your approval, an Order 
authorizing the City of Boston to expend Federal Fiscal 
Year 2002 HOME Investment Partnerships (HOME) 
funds in an amount not to exceed SEVEN MILLION 
FFVE HUNDRED AND FIFTEEN THOUSAND DOL- 
LARS ($7,515,000) awarded to the City of Boston by 
U.S. Department of Housing and Urban Development 
(HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may utilize these funds 
to support various housing developments throughout the 
neighborhoods of the City of Boston. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be and hereby is, autho- 
rized to expend said ftinds from the United States 
Department of Housing and Urban Development for a 
FY2002 HOME Investment Partnerships Program 
Grant in an amount not to exceed SEVEN MILLION 
FIVE HUNDRED AND FIFTEEN THOUSAND DOL- 
LARS ($7,515,000), in accordance with section 53 A of 
chapter 44 of the General Laws, for the purposes for 
which granted as stated in the City of Boston's Federal 
FY2002 Action Plan, and in connection therewith, to 
execute and deliver such documents as may be required 
by the U.S. Department of Housing and Urban 
Development. 

Referred to the Committee on Housing. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 0917) 

Notice was received from the Mayor of his absence 
from the City on July 26, 2002 until July 30, 2002. 
Placed on file. 



COMMUNICATION FROM CITY CLERK NOTIFY- 
ING CITY COUNCIL THAT VACANCY HAS 
OCCURRED FOR CITY COUNCILOR FOR 
DISTRICT NINE FOR THE REMAINDER OF 
THE TERM (DOCKET NO. 09 1 8) 

The following was received: 

City of Boston 
Office ofthc City Clerk 



AUGUST 14, 2002 



197 



August 5, 2002 
Councillors: 

As a result of the death of your colleague Brian 
Honan, there is a vacancy in the office of City Councilor 
for District Nine for the remainder of the term. 

Attached hereto for your infonnation is a copy of 
Chapter 233 of the Acts of 1993, which took effect 
November 12, 1993, This special legislation, regarding 
the filling of vacancies on the City Council, amends 
Section 15 and adds new Sections 15A and 15B to 
Chapter 452 of the Acts of 1948. 

Very truly yours, 

Rosaria Salerno, 

City Clerk. 
Placed on file. 



APPROVAL OF CONSTABLES' BONDS 
(DOCKET NO. 0919) 

The Constables' Bonds of the following, have been 
duly approved by the Collector- Treasurer, were received 
and approved: 



Carroll Allston 
Simon Aquino 
Sandra T. M. Blake 
Diane M. Butler 
Joseph P. Butler 
Carmen A. Ciampi 
Ricardo A. Canepa 
John R. Carrey 
Frank Cesar 



Allen M. Curry 
James J. Darby 
William A. Doniger 
Benny Edge 
Michael A. Foreman 
Christopher Gilmore 
Arthur E. Montgomery 
Frank J. Mucci 
Kirk A. Phillips 
Kindreth V. Taylor 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF VIVIAN LEO AS TEMPORARY 
COLLECTOR TREASURER FOR A PERIOD 
NOT TO EXCEED SIXTY (60) DAYS 
(DOCKET NO. 0920) 

Notice received fi^om Mayor of appointment of 
Vivian Leo as Temporary Collector Treasurer for a 
period not to exceed sixty (60) days. 

Placed on file. 



COMMUNICATION RECEIVED FROM JOHN 
SILVA, MANAGER, ENVIRONMENTAL PRO- 
GRAMS RE: DISTRIBUTION OF RECORD OF 
DECISION FOR AIRSIDE IMPROVEMENTS 
PLANNING PROJECT (DOCKET NO. 0921) 

Communication was received from John Silva, 
Manager, Environmental Programs re: Distribution of 
the Record of Decision for the Airside Improvements 
Planning Project. 

Placed on file. 



REPORT ON ORDER APPROVING "FINAL 
REPORT" BY WASHINGTON STREET 
IMPROVEMENT COMMITTEE RECOM- 
MENDING CREATION OF BUSINESS 
IMPROVEMENT DISTRICT (BID) WITHIN 
DEFINE AREA OF WASHINGTON STREET 
CORRIDOR BY PROPERTY OWNERS PUR- 
SUANT TO PETITION TO GENERAL COURT 
ENTITLED "AN ACT AUTHORIZING THE 
CREATION OF A WASHINGTON STREET 
IMPROVEMENT DISTRICT" (DOCKET NO. 
0695) 

Councilor Kelly, on behalf of the Committee on 
Planning and Economic Development, subniiiicd the 
following: 



Report on Docket No. 0695, message of the Mayor 
and order approving the "final Report" by the 
Washington Street Improvement Committee recom- 
mending the creation of a Business Improvement 
District (BID) within a defined area of Washington 
Street corridor by property owners pursuant to a petition 
to the General Court entitled "An Act Authorizing the 
Creation of a Washington Street Improvement District" 
(referred June 5) - recommending passage of the order 
as amended 

The report was accepted; the order, as amended, 
was passed, yeas 10, nays, 2: 

Yeas - Councilors Consalvo, Feeney, Flaherty, 
Hennigan, Kelly, Murphy, Roache, Ross, Scapicchio, 
Tobin- 10. 

Nays - Councilors Turner, Yancey -2. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW AUTHORIZING CREATION 
OF WASHINGTON STREET BUSINESS 
IMPROVEMENT DISTRICT (BID) (DOCKET 
NO. 0696) 

Councilor Feeney, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket #0696, message of the Mayor and 
order approving a petition for a Special Law authorizing 
the Creation of a Washington Street Business 
Improvement District (BID) (referred June 5) - recom- 
mending passage of the order in the new draft. 

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

Yeas - Councilors Consalvo, Feeney, Flaherty, 
Hennigan, Kelly, Murphy, Roache, Ross, Scapicchio, 
Tobin- 10. 

Nays - Councilors Turner, Yancey -2. 



REPORT ON PETITION OF THE AIRPORTER, INC, 
FOR LICENSE TO OPERATE MOTOR VEHI- 
CLES FOR CARRIAGE OF PASSENGERS 
FOR HIRE OVER CERTAIN STREETS IN 
BOSTON (DOCKET NO. 0393) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on Docket No. 0393, petition of the AirPorter, 
Inc. for license to operate motor vehicles for the carriage 
of passengers for hire over certain streets in Boston 
(referred March 27) - recommending the petition ought 
to be placed on file. 

The report was accepted; the petition was placed on 
file. 



REPORT ON PETITION OF MOLLY JONES, FOR 
LICENSE TO OPERATE MOTOR VEHICLES 
FOR CARRIAGE OF PASSENGERS FOR HIRE 
OVER CERTAIN STREETS IN BOSTON 
(DOCKET NO. 0470) 

Councilor SCAPICCHIO. on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on Docket No. 0470, petition of Molly Jones, 
for license to operate motor \ chicles for the carriage of 
passengers for hire over certain streets in Boston 
(referred April 10) - recommending the petition ought to 

he placed on file. 



198 



CITY COUNCIL 



The report was accepted; the petition was placed on 
file. 



REPORT ON PETITION OF ULOMA EXPRESS, 
INC., FOR LICENSE TO OPERATE MOTOR 
VEHICLES FOR CARRIAGE OF PASSEN- 
GERS FOR HIRE OVER CERTAIN STREETS 
IN BOSTON (DOCKET NO. 0636) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on Docket No. 0636, petition of Uloma 
Express, Inc., for license to operate motor vehicles for 
the carriage of passengers for hire over certain streets in 
Boston (referred May 15) - recommending the petition 
ought to be placed on file. 

The report was accepted; the petition was placed on 
file. 



REPORT ON PETITION OF BOXER CORPORA- 
TION D/B/A ACTION TRANSPORTATION, 
FOR LICENSE TO OPERATE MOTOR VEHI- 
CLES FOR CARRIAGE OF PASSENGERS 
FOR HIRE OVER CERTAIN STREETS IN 
BOSTON (DOCKET NO. 0471) 

Councilor SCAPICCHIO, on behalf of the 
Committee on Aviation and Transportation, submitted 
the following: 

Report on Docket No. 0471, petition of Boxer 
Corporation, d/b/a Action Transportation, for license to 
operate motor vehicles for the carriage of passengers for 
hire over certain streets in Boston (referred May 1)- 
recommending the petition ought to be granted under 
certain conditions. 

The report was accepted; the petition was granted 
under certain conditions. 



REPORT ON ORDER RELATIVE TO SCHOOL 
TRANSPORTATION CONTRACTS (DOCKET 
NO. 0567) 

Councilor ROSS, on behalf of the Committee on 
Ways and Means, submitted the following: 

Report on Docket No. 0567, message of the Mayor 
and order relative to school transportation contracts 
(referred May 1) - recommending passage of the order. 

The report was accepted; the order was passed; yeas 
7, nays 5: 

Yeas - Councilors Consalvo, Flaherty, Murphy, Ross, 
Scapicchio, Turner, Yancey - 7; 

Nays - Councilors Feeney, Hennigan, Kelly, Roache, 
Tobin - 5 



PRESENTATION BY PRESIDENT FLAHERTY 

President Flaherty presented twenty high school stu- 
dents from the Summer Jobs Program with resolutions. 



ORDER SUPPORTING ROYAL L. BOLLING SR. 
FOUNDATION AND THE GOOD WORKS IT 
WILL PROMOTE IN THE CITY (DOCKET NO. 

0922) 

Councilor FLAHERTY for all the Councilors offered 
the following: 

Whereas, Senator Royal L. Boiling, Sr. of Roxbury. a 



distinguished legislator and statesman, highly decorated 
World War II veteran, father of twelve children, and 
patriarch of Boston's most prominent African American 
pohtical family, passed away on July 16th at the age of 
eighty-two; and 

Whereas, Senator Royal L. Boiling, Sr. was bom in 
Virginia in 1920 and moved with his family to 
Framingham, Massachusetts in 1928 where he was 
elected Framingham High School's first African- 
American class president inspiring a life-long passion 
for politics and public service; and 

Whereas, Senator Royal L. Boiling, Sn was elected to 
the Massachusetts House of Representatives in 1960 
and to the Massachusetts Senate in 1982, where he 
served with distinction for 1 2 and 8 years respectively; 
and 

Whereas, Senator Royal L. Boiling, Sr. authored and 
had passed into law over 200 legislative initiatives 
including several groundbreaking statutes to increase 
access to and the quality of education in the 
Commonwealth of Massachusetts; and 

Whereas, The Royal L. Boiling, Sr. Foundation has 
been established to promote the vision and legacy of its 
namesake. The Foundation will be a catalyst for positive 
change through community building, youth and leader- 
ship development, educational enhancement, and broad- 
ening economic opportunity. Now therefore be it 

Ordered, The Boston City Council adjourn its meet- 
ing of July 3 1 , 2002 in memory of Senator Royal L. 
Boiling, Sr. and respectfully encourages support for the 
Royal L. Boiling, Sr Foundation and the good works it 
will no doubt promote in the City of Boston. 

On motion of Councilor FLAHERTY, the rules were 
suspended; the order was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0923) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 3, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
November 15,2002: 

John P. Hannigan, Administrative Asst., 
$442.31/week, ftilltime. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0924) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 3, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
November 15,2002: 

Andrius B. Knasas, Administrative Asst., 
$576.93/week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0925) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, July 27, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, August 
2, 2002: 



AUGUST 14, 2002 



199 



Meghan E. Finegan, Secretary, $5,891.97/week;, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0926) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 3, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, August 
16, 2002: 

Meghan E. Finegan, Secretary, $961.54/week, full 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0927) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 17, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
August 23, 2002: 

Meghan E. Finegan, Secretary, S5,89I.97/week, fiill 
time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0928) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 24, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 15,2002: 

Meghan E. Finegan, Secretary, $961.54/week, full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0929) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, July 13, 2002 the 
following named person be, and hereby is, appointed to 
the position set against their name until October 4, 
2002: 

Diane Albano, Administrative Asst., $740.39/week, 
full time. 

Joseph Arangio, Secretary, $l,019.24/weck, ftiU time. 

Felix Arroyo-Montano, Administrative Asst. 
$576.93/weck, full time. 

Robert Bialka, Administrative Asst., $730.77/week, 
ftill time. 

Maria S. Bunuan, Secretary, $300.00/week, full time. 

Katherine Carangelo-Mclsaac, Secretary, $150.00/ 
week, part time. 

Mark A. Chardavoyne, Secretary, $769.24/week, ftill 
time. 

Kevin F. Chisholm, Secretary, $170.00/wcck. part 



time. 

Brian M. Clinton, Secretary, $l,ll5.39/week, full 
time. 

Samuel S. Conti, Secretary, $575.00/week, fiill time. 

Robert F. Diggins, Secretary, $251.25/week, part 
time. 

Janet M. Doherty, Secretary, $345.65/week, part time. 

William P Doherty, Administrative Asst., $961.54/ 
week, fiill time. 

Dennis P. Dwyer, Administrative Asst., $759.62/ 
week, fiill time. 

Thomas K. Egan Secretary, S769.23/week, full time. 

John R. Flavin, Secretary, $251.25/week, part time. 

LoiTaine E. Fowlkes, Secretary, $865.40/week, full 
time. 

Annmarie Geary, Secretary, $305.00/week, part time. 

Carolyn Geary, Administrative Asst,, $986.73/week, 
full time. 

Elaine J. Gowdy, Administrative Asst., $576.92/ 
week, full time. 

John P. Hannigan, Administrative Asst., $1,024.90/ 
week, full time. 

Joyce L. Holland, Secretary, $l,091.96/week, ftiU 
time. 

David B. Isberg, Administrative Asst., $1,119.23/ 
week, full time. 

Bemadette Lally, Secretary, $400.00/week, part time. 

Michael F, Larkin, Secretary, $1,073. 61/week, full 
time. 

Thomas M. McDonough, Administrative Asst., 
$673. OS/week, full time. 

Patricia A. Miller, Administrative Asst., $634.62/ 
week, fiill time. 

Michael Moran, Secretary, $375.00/week, fiill time. 

Michelle Morrison, Secretary, $766.28/week, fiill 
time. 

Carol Mullen-Maguire, Secretary, $600.00/week, full 
time. 

Robert J. Noto, Jr. Administrative Asst., $625.00/ 
week, full time. 

Laura O'Brien, Secretary, $696.16/week, full time. 

E. Joseph O'Keefe, Secretary, $l,042.52/week, fiill 
time. 

Karen M. Pinckney, Secretary, $632.18/week, full 
time. 

MartaE. Rivera, Administrative Asst., $814.1 8/week, 
full time. 

Jose A. Rojas, Secretary, $500.00/week, full time 

Lonnie S. Rosenberg, Secretary, $957.85/week, full 
time 

Irene M. Smith, Administrative Asst., $785.44/week, 
full time. 

Timothy E. Stack, Secretary, $287.40/week, part 
time. 

Constance Sullivan, Administrative Asst., $172.42/ 
week, part time. 

Kathleen Sullivan. Administrative Asst., $814.20/ 
week, full time. 

Kelly Ann Tynan, Administrative Asst.. $746.16/ 
week, full time. 

Paul J. Walkowski, Administrative Asst.. $958.57/ 
week, full time. 

Lauren A. Wallace, Secretary, $709.00/weck. full 
time 

John B.Walsh, Secretary. $865.39/wcek, ftill time. 

Kelly M. Walsh. Secretary, $420.00'wcck, full time. 

Richard Wood, Administrative Asst., $346.36/\veek, 
part time 

Kenneth W. Yarbrough, Secretary, $622.69/week, full 
time. 

Angela S. Yarde, Administrative Asst., $846. 1 6/week, 
full time. 

Marilyn Brambilla. Business Manager. $908.01/ 
week, full time. 

Ron Cobb. City Messenger. $815.25/weck. full lunc. 

Ann I less, StatT Director. $1.296.35/weck, full time. 

Donald P. Koch. Legislative Analyst. $1,173.08/ 
week, full time. 



200 



CITY COUNCIL 



Juan Lopez, Legislative Asst., $88L45/week, full 
time. 

Cora F. Montrond, Legislative Asst., $792.3 1/week, 
full time 

James J. O'Donnell, Programming Manager, $961.54/ 
week, full time. 

Cheryl M. Rankin, Receptionist, $673.08/week, full 
time. 

Sheila C. Temple, Budget Director, $1.110.57/week, 
full time. 

Gregg A. Tivnan, Asst. Budget Director, $942.31/ 
week, full time. 

Passed under suspension of the rules. 



hiring of people with criminal pasts and to determine 
whether any of those businesses and government agen- 
cies have a policy of affirmative hiring of those with 
criminal records. 

Referred to Committee on Civil Rigiits. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0930) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 17, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 29, 2002: 

Lee Blasi, Secretary, $769.24/week, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0931) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, June 1, 2002, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, 
November 15,2002: 

Alicia M. Rampulla, Research Director, $1,009.61/ 
week, full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO ASK BUSINESS LEAD- 
ERS, GOVERNMENT OFFICIALS OF BOTH 
THE COMMONWEALTH AND THE CITY, 
WHAT THEIR POLICIES ARE REGARDING 
THE HIRING OF PEOPLE WITH CRIMINAL 
PASTS AND TO DETERMINE WHETHER 
ANY OF .THOSE BUSINESSES AND GOV- 
ERNMENT AGENCIES HAVE A POLICY OF 
AFFIRMATIVE HIRING OF THOSE WITH 
CRIMINAL RECORDS (DOCKET NO. 0932) 

Councillors Turner and Ross offered the following: 

WHEREAS: The death of Trina Persad has called 
attention to the need for strenuous efforts to reduce 
crime and violence; and 

WHEREAS: State and local government officials, 
business leaders, community leaders, as well as, com- 
munity residents have pledged to do more to fight crime 
and violence; and 

WHEREAS: It is understood that the integration of 
people with criminal records into the community is one 
of the most effective tools in combating crime and vio- 
lence; and . 

WHEREAS: The ability to obtain a job is an essential 
element of the community reintegration process. 
THEREFORE BE IT 

ORDERED: That the Boston City Council hold a 
public hearing to ask business leaders, government offi- 
cials of both the Commonwealth of Massachusetts and 
the City of Boston, what their policies are regarding the 



RESOLUTION IN DEFENSE OF THE UNITED 
STATES BILL OF RIGHTS AND THE UNITED 
STATES CONSTITUTION (DOCKET NO. 
0933) 

Councilor Turner offered the following: 

Whereas, Both the Bill of Rights and the United 
States Constitution, as well as the Constitution of the 
Commonwealth of Massachusetts ensure that the indi- 
vidual rights of citizens of this country, state, and city as 
well as non-citizens are not abridged; and 

Whereas, The Constitution and the Bill of Rights 
ensures that all Americans are entitled to such rights as 
freedom of speech, freedom of assembly, privacy, free- 
dom to worship the God of one's choice, the right to 
counsel and due process in judicial proceedings, as well 
as protection from unreasonable searches and seizures; 
and 

Whereas, On September 11 th, a group of terrorists 
flew two planes into the World Trade Center, causing 
the deaths of more than 3,000 individuals, including 100 
police officers, 300 firemen, 200 women participating in 
a welfare to work program, as well as scores of new 
Americans, restaurant workers, vendors and the home- 
less, making this the worst terrorist act in this nation's 
history; and 

Whereas, In response, the President of the United 
States entered the country into a war against terrorism; 
and 

Whereas, Members of the Congress enacted legisla- 
tion known as the "U.S. Patriot Act" a law that greatly 
reduces the number of the civil liberties guaranteed to 
all its citizens; and 

Whereas, One of the facets of the law encourages cit- 
izens to spy on fellow and new Americans, through their 
participation in the TIPS program; and 

Whereas, This country has fought a revolution. The 
War of 1812, a civil war, an Indian War, a war against 
the Mexican Republic, the First World War, the Second 
World War, The Korean War, The Bay of Pigs Invasion, 
Invasion of Santo Domingo, The Viet Nam War, The 
Invasion of Panama, The Invasion of Grenada, The 
Invasion of Haiti, Desert Storm, Desert Shield, endured 
homeland terrorism in Oklahoma City, air strikes over 
Iraq, and The war against terrorism so that citizens may 
enjoy the rights guaranteed them by the Constitution 
and the Bill of Rights; and 

Whereas, Citizens are speaking out throughout the 
country for elected officials of local, state and national 
offices to speak out against the tenets of the US Patriot 
Act and its clear violations of the US Constitution, the 
US Bill of Rights, the Constitution of the 
Commonwealth of Massachusetts and the Home Rule 
Charter of the City of Boston. THEREFORE BE IT 

Resolved, That the Boston City Council stand on 
record and affirm its resolve and loyalty to the 
Constitution of the United States, the Bill of Rights of 
the United States of America, the Constitution of the 
Commonwealth of Massachusetts, and the Home Rule 
Charter of the City of Boston, as opposed to the "U.S. 
Patriot Act," and encourage its citizens to enjoy a 
democracy where their rights as Americans cannot be 
abridged and urge Boston governmental bodies as well 
as businesses and civic organizations to resist attempts 
of US Attorney General Ashcroft to reduce our civil lib- 
erties through the US Patriot Act and the TIPS Program. 

Referred to the Committee on Civil Rights. 



AUGUST 14, 2002 



201 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 0934) 

Councilor Flaherty offered the following: 

Ordered: That effective Saturday, August 10, 2002, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 29, 2002: 

Patricia A. Miller, Administrative Asst., $769.25/ 
week, full time. 

Irene M. Smith, Administrative Asst., $961.54/week, 
full time. 

Passed under suspension of the rules. 



ORDER FOR HEARING TO DISCUSS HACKNEY 
REGULATIONS ISSUES CONCERNING THE 
MANDATORY REPLACEMENT OF TAXI- 
CABS (DOCKET NO. 0935) 

Councilor Yancey offered the following: 

Whereas, It is the policy of the Hackney Division of 
the City of Boston to replace taxi cabs when they reach 
a certain age, six (6) years old; and 

Whereas, This policy pertains to vehicles whether or 
not they are considered safe and suitable for the road; 
and 

Whereas, Drivers are required to have their vehicles 
inspected twice annually by the Hackney Department 
and once annually by the State inspection system; and 

Whereas, Owners/operators of vehicles that have 
passed the mandatory inspections are still required to 
replace the vehicle if it is older than six (6) years; often 
being forced to purchase a used vehicle that requires 
more mechanical/cosmetic maintenance and repair than 
the vehicle they are forced, to trade; and 

Whereas, The owners/operators of taxi vehicles feel 
that taxi cab age requirements should be based on safety 
and suitability, not on age or minor cosmetic factors; 
and 

Whereas, Certain policies now in place by the 
Hackney Division place an unnecessary, unreasonable 
and unfair burden on the owners/operators of their vehi- 
cles; Be It Therefore 

Ordered, That the Committee on Transportation con- 
vene a hearing to discuss hackney regulations/issues 
concerning the mandatory replacement of taxi cabs. 

Referred to the Committee on Aviation and 
Transportation. 



ORDER FOR HEARING RE: THE WOMEN'S 
HEALTH INITIATIVE STUDY (DOCKET NO. 
0936) 

Councilors Hennigan, Feeney, Flaherty, Ross, Tobin, 
Kelly, Turner, Yancey and Consalvo offered the follow- 
ing: 

Whereas, Recent reports have been published about 
concerns relating to hormone replacement therapy due 
to the massive study called the Women's Health 
Initiative; and 

Whereas, Boston is one of the top Medical Mecca's 
for care and research it should provide leadership on this 
issue; and 

Whereas, The public needs to have access to this 
infonnation and the results of this study broken down 
for better understanding to the gcncr;il public: and 

Whereas, There is a need for a public loruni for dis- 
cussion comprised of top Doctors and professionals 
from Boston's Medical Community; Therefore be it 

Ordered, That the appropriate Commitlec of the 



Boston City Council hold a public hearing to discuss the 
feasibility of the Boston Public Health Commission 
sponsoring a Forum to address the results of the 
Women's Health Initiative Study and the creation of a 
Hot Line maruied with Doctors and professional indi- 
viduals to assist with questions and concerns from the 
public 

Referred to the Committee on Public Health. 



ORDER FOR HEARING RE: REVIEW OF CITY'S 
ANIMAL SHELTER (DOCKET NO. 0937) 

Councilors Hennigan and Roache offered the follow- 
ing: 

Whereas, The improper, inhumane and unsanitary 
disposal of the remains of euthanized animals at the City 
of Boston's Animal Shelter in Roslindale has been 
occurring; and 

Whereas, The Mayor has promised to initiate a "top 
to bottom" review of the management and operation of 
Boston's animal shelter; and 

Whereas, City government is not a natural repository 
of expertise in the field of animal care and control; and 

Whereas, There are numerous professionals, animal 
advocates, and interested pet owners who represent a 
potential advisory resource; and 

Whereas, Inclusion of such parties will be invaluable 
in moving Boston forward on a key urban issue that 
encompasses sound fiscal management, public health 
and humane treatment of animals; Therefore be it 

Ordered, That the appropriate Committee of the 
Boston City Council hold a public hearing to give the 
professionals, animal advocates and the general public a 
forum to discuss, contribute ideas and make recommen- 
dations to improve conditions and care at the shelter 
facility. 

Referred to the Committee on Environment and 
Historic Preservation. 



RESOLUTION SUPPORTING FUNDING OF MASS- 
ACHUSETTS CULTURAL COUNCIL 
(DOCKET NO. 0938) 

Councilors Ross. Tobin, Scapicchio, Roache, 
Flaherty, Consalvo, Turner, Yancey, Hennigan and 
Feeney offered the following: 

WHEREAS: The Massachusetts Cultural Council 
provides ftinding for numerous arts and cultural pro- 
grams throughout the Commonwealth, including in the 
City of Boston; and 

WHEREAS: The Massachusetts Cultural Council is 
the largest source of funds for the arts communit\' in the 
Commonwealth; and 

WHEREAS: Acting Governor Jane Swift has pro- 
posed a 62% cut, frotn $19 million to $7 million, to the 
Massachusetts Cultural Council, severely limiting the 
effectiveness and breadth of organizations served 
through grants from the Council; and 

WHEREAS: The arts and culture community pro- 
vides significant economic benefits to the 
Commonwealth, far exceeding the amount received 
through the Massachusetts Cultural Council. Now 
Therefore Be It: 

RESOLVED: That the Boston City Council hereby 
supports and asks the Massachusetts State Legislature to 
restore funding to the Massachusetts Cultural Council 
so that it can continue to fully and elTcctixcly ser\e the 
needs ol'the arts and culture comniuniiy. including those 
organizations located in the city of Boston. 

On motion of Councilor I'obin. ilie rules were sus- 
pended; the resolution was adopted. 



202 



CITY COUNCIL 



ORDER FOR HEARING TO PROVIDE FORUM FOR 
COMMUNITY DISCUSSION ON FATE OF 
PINEBANK BUILDING (DOCKET NO. 0939) 

Councilors Tobin and Hennigan offered the follow- 
ing: 

Whereas, Pinebank is the only building within the 
Emerald Necklace that pre-dates the creation of the park 
system; and 

Whereas, The Jamaica Plain community and resi- 
dents across the City have had a longstanding connec- 
tion with the Pinebank building on the Jamaica Pond; 
and 

Whereas, Pinebank now stands deteriorated and 
vacant; and 

Whereas, Fiduciary responsibility lies with the City, 
the Public and City Council should have the opportunity 
to have an open forum to discuss the future direction of 
the property; Therefore be it 

Ordered, That the appropriate Boston City Council 
committee conduct a hearing to provide a forum for a 
community discussion on the fate of the Pinebank 
Building. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER FOR HEARING TO EXAMINE WORKING 
CONDITIONS AND DISPARITY IN PAY IN 
COMMERCIAL OFFICE CLEANER/JANITO- 
RIAL TRADE (DOCKET NO. 0940) 

Councilors Murphy, Roache, Flaherty, Feeney, 
Turner, Consalvo and Yancey offered the following: 

Whereas, The City of Boston, along with every other 
employer in the State, depends on the hard work of more 
than 1 1 ,000 Massachusetts commercial office cleaners 
who work hard to keep our offices and work spaces 
clean; and 

Whereas, Some 5,000 of these cleaners live or work 
in the City of Boston; and 

Whereas, Some building owners who operate sites in 
multiple cities and towns have disparity in their pay 
scale and benefits offered; and 

Whereas, The Boston City Council strongly supports 
fair wages and good working conditions for all workers; 
therefore be it 

Ordered, That the Boston City Council hold a hearing 
to examine the working conditions and disparity in pay 
in the Commercial Office Cleaner/Janitorial trade. 

Referred to the Committee on Labor and 
Employment. 



ORDER FOR HEARING TO EXPLORE HOW 
EFFECTIVENESS OF ACTIONS BEING 
TAKEN ON A STATE AND NATIONAL LEVEL 
TO STEM THE FLOW OF GUNS AND DRUGS 
IN BOSTON CAN BE INCREASED (DOCKET 
NO. 0941) 

Councilors Turner, Feeney, Tobin, Yancey, Roache, 
Hennigan, Consalvo and Flaherty offered the following: 

Whereas, the sale of drugs and sale of illegal guns are 
a major factor in the rise of violence in the City of 
Boston; and 

Whereas, while there are many arrests, particularly 
for drugs in Boston on almost a daily basis, these arrests 
do not target those who are major importers of drugs or 
guns into the United States or Boston; and 

Whereas, while arrests against those involved in the 



sale of drugs and guns on the streets of Boston can be 
helpfiil in stemming the tide of violence, it is no long 
term solution as recent events have indicated; and 

Whereas, the United States government spends mil- 
lions, if not billions, on activities designed to curtail the 
flow of drugs into the country and the now of illegal 
guns throughout the country. Therefore be it 

Ordered, that a hearing be held before the appropriate 
committee of the City Council to explore how the effec- 
tiveness of actions being taken, on a state and national 
level to stem the flow of guns and drugs into Boston, 
can be increased. Be it further 

Ordered, that representatives of the Boston Police, 
State Police, Drug Enforcement Agency, Alcohol, 
Tobacco, and Firearms division of the Treasury, and the 
Federal Bureau of Investigation be invited to give their 
opinions on this issue. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND AWARD OF $2,088,296 IN THE 
FORM OF A UNITED STATES DEPARTMENT 
OF JUSTICE, BUREAU OF JUSTICE ASSIS- 
TANCE, LOCAL LAW ENFORCEMENT 
BLOCK GRANT FROM THE COMMITTEE 
ON PUBLIC SAFETY (DOCKET NO. 0110) 

The following was received; 

City of Boston 
Office of the Mayor 

November 24, 2001 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in an amount not to exceed $2,088,296.00, in the form 
of a United States Department of Justice, Bureau of 
Justice Assistance, Local Law Enforcement Block 
Grant. The award will be used to support various crime 
prevention and law enforcement initiatives across the 
City of Boston. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the ftinds expeditiously and expend them for the pur- 
poses for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Mayor, acting on behalf of the City 
of Boston and pursuant to the authority granted to him 
under M.G.L. c. 44, §53A be, and is hereby authorized, 
to accept and expend the United States Department of 
Justice, Bureau of Justice Assistance's award in an 
amount not to exceed 32,088,296.00. 

No objection being heard, the matter was before the 
body. 

On motion of Councilor Consalvo, the order was 
passed. 



ORDER AUTHORIZING THE POLICE 
DEPARTMENT TO ACCEPT AND EXPEND A 
U.S. DEPARTMENT OF JUSTICE, OFFICE OF 
COMMUNITY ORIENTED POLICING 
SERVICES "VALUE BASED INITIATIVE" 
GRANT OF $174,948.00 FOR THE PURPOSE 
OF WORKING WITH LOCAL FAITH BASED 
ORGANIZATIONS TO DEVELOP AND 
DELIVER CROSS-TRAINING BETWEEN 
POLICE AND FAITH-BASED ORGANIZA- 
TIONS AND VICE VERSA, ON HOW TO DO 



AUGUST 14, 2002 



203 



EFFECTIVE OUTREACH AND INTERVEN- 
TION AMONG HIGH-RISK YOUTH, FROM 
THE COMMITTEE ON PUBLIC SAFETY 
(DOCKET NO. 0872) 

The following was received: 

City of Boston 
Office the Mayor 

June 24, 2002 
To the City Council. 
Dear Councillors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $174,948.00 in the form of a United 
States Department of Justice, Office of Community 
Oriented Policing Services" Value Based Initiative" 
grant award to the Boston Police Department, for the 
purpose of working with local faith-based organizations 
to develop and deliver cross-training, between police 
and faith-based organizations and vice versa, on how to 
do effective outreach and intervention among high-risk 
youth. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City of Boston may accept 
the funds expeditiously and expend then for the purpose 
for which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Ordered, That the Boston Police Department, on 
behalf of the City of Boston, be, and hereby is autho- 
rized pursuant to section 53A of chapter 44 of the 
Massachusetts General Laws, to accept and expend an 
award of the United States Department of Justice, Office 
of Community Oriented Policing Services, not to 
exceed the amount of One Hundred and Seventy-Four 
Thousand, Nine-Hundred and Forty-Eight Dollars 
($174,948.00). 

No objection being heard, the matter was before the 
body. 

On motion of Councilor Consalvo, the order was 
passed. 



LATE-FILED MATTERS 

The Chair stated that, in absence of objection, 2 late- 
filed matters would be added to the Agenda. 

No objection being heard, the following matters were 
added: 

ORDER DESIGNATING WILLIAM A. MCDER- 
MOTT "SPECIAL MUNICIPAL EMPLOYEE" 
(DOCKET NO. 0977) 

Councilor Flaherty offered the following: 

Ordered, That the Boston City Council designates 
William A. McDermott, Jr. as a "special municipal 
employee" under the provisions of Massachusetts 
General Laws Chapter 268 A for the purpose of advising 
the Boston City Council on the City's redistricting plans. 

Passed under suspension of the rules. 



Ordered, That Suffolk County hereby accepts the pro- 
visions of Chapter 1 16 of the Acts of 2002, subject to 
the following provisions: the application deadline shall 
be September 30, 2002 and the retirement date shall be 
November 30, 2002, the number of retirements calcu- 
lated under said Act shall be limited to ninety-five, and 
the effective date of this acceptance shall be considered 
June 30, 2002. 

Passed under suspension of the rules. 



ORDER ACCEPTING THE PROVISIONS OF CHAP- 
TER 116 OF THE ACTS OF 2002, RE: SUF- 
FOLK COUNTY EMPLOYEES (DOCKET NO. 
0978) 

Councilors Feeney and Flaherty offered the follow- 
ing: 



CONSENT AGENDA 

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

Councilor Feeney: Congratulating Teen Challenge 
New England, Boston (Docket No. 0942); 
Congratulating Daniel Gushing (Docket No. 0943). 

Councilor Scapicchio: Congratulating Joseph Bono 
(Docket No. 0944). 

Councilor Tobin: Congratulating The Anointed Word 
Family Worship Center (Docket No. 0945). 

Councilors Yancey and Turner: Congratulating Willie 
Mae (Clybum) Allen (Docket No. 0946). 

Councilor Flaherty: Congratulating the Seafood 
Palace Restaurant (Docket No. 0947). 

Councilors Flaherty and Kelly: Congratulating the 
Chinatown Business Association & the Chinese 
Community of New England (Docket No. 0948). 

Councilor Flaherty: Congratulating Helen Zinkowski 
(Docket No. 0949): Congratulating Nick Westbrook, the 
Fort Ticonderoga Fife & Drum Corps, and the entire 
Fort Ticonderoga Organization (Docket No. 0950); 
Congratulating Jamie Hoag (Docket No. 0951); 
Congratulating Hayley Snaddon (Docket No. 0952). 

Councilor Murphy: Congratulating John and Isabel 
Graham Day (Docket No. 0953). 

Councilors Yancey and Turner: Congratulating James 
Saucer (Docket No. 0954); Congratulating Harvey Stein 
(Docket No. 0955). 

Councilor Feeney: Congratulating Frank and Alice 
Mahoney (Docket No. 0956): Congratulating Major 
General (MA) Salvatore LaRosa (Docket No. 0957). 

Councilor Flaherty: Congratulating Tom Clark 
(Docket No. 0958). 

Councilor Turner: Congratulating Richard I. Wood 
(Docket No. 0959). 

Councilors Yancey and Turner: Congratulating 
Harvey Stein (Docket No. 0960); Congratulating James 
Saucer (Docket No. 0961). 

Councilor Tobin: Welcoming Neysla Jauregui Fermi. 
(Docket No. 0962). 

Councilor Flaherty: Congratulating Mario Dunford 
(Docket No. 0963). 

Councilor Turner: Congratulating Ms. Joyce Mondcs 
(Docket No. 0964). 

Councilor Feeney: Congratulating 15 persons for 
their service as Citizen Teachers (Docket No, 0965). 

Councilor Tobin: Conuratulatinu Lucia Santana 



204 CITY COUNCIL 



(Docket No. 0966); Congratulating Lauren Paap, 
Stephen Smith and Kathy Tragos (Docket No. 0967). 

Councilor Scapicchio: Congratulating Emilio and 
Lucy Scapicchio (Docket No., 0968); Congratulating 
Thomas Carroll (Docket No. 0969). 

Councilors Turner, Yancey and Roache: 
Congratulating 44 persons on their contributions for the 
prevention of violence in Boston neighborhoods 
(Docket No. 0970). 

Councilor Flaherty: Congratulating Prevention Now! 
(Docket No. 0971). 

Councilors Yancey and Turner: Honoring Caribbean 
Culture Week (Docket No. 0972); Congratulating the 
2002 Champion Panorama Steel Orchestra of Trinidad 
and Tobago (Docket No. 0973). 

Councilor Kelly: Congratulating Bob Lunnin (Docket 
No. 0974). 

Councilor Flaherty: Congratulating Thai Ngoc 
Nguyen (Docket No. 0975). 

Councilor Consalvo: Congratulating Patrick Douglas, 
Robert Lomuscio, Jessica Martin and Elizabeth 
McDonnell (Docket No. 0976). 

The Chair stated that, in absence of objection 1 late- 
filed matter would be added to the Agenda. 

No objection being heard, the following matter was 
added: 

Councilor Flaherty: Congratulating 20 Summer Job 
Students. 

The matters contained within the Consent Agenda 
were severally adopted. 



President Flaherty moved that when the Council 
adjourns today, we do so in memory of our Councilor 
Brian J. Honan, to meet again on Wednesday, August 
28, 2002 at 12:30 p.m. 

The motion was carried. 



President Flaherty moved that when the Council 
adjourns today, we do so in memory of our Councilor 
Brian J. Honan, to meet again on Wednesday, August 
28, 2002 at 12:30 p.m. 



Adjourned at 4:20 p.m. on motion of President 
Flaherty to meet again on Wednesday, August 28, 2002 
at 12:30 p.m. 



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



CITY COUNCIL 



205 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, August 28, 2002 

A meeting of the City Council held in the Christopher 
A. lannella Council Chamber, City Hall, at 12:55 p.m.. 
President Flaherty in the Chair and all members present. 



INVOCATION 

Monsignor Thomas McDonnell, St. Augustine's, 
South Boston, delivered the invocation and the meeting 
was opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO presented Tom Carroll with 
a resolution for the fine work he has done in the last four 
years as liaison between the Cashman Construction 
Company and the North End community. 



REPORT ON ORDER FOR HEARING TO EXAMINE 
WORKING CONDITIONS AND DISPARITY 
IN PAY IN COMMERCIAL OFFICE 
CLEANER/JANITORIAL TRADE (DOCKET 
NO. 0940) 

On motion of Councilor MURPHY, Docket No. 0940 
was taken out of order. 

Councilor MURPHY, on behalf of the Committee on 
Labor and Employment, submitted the following: 

Report on Docket No. 0940, order for hearing to 
examine the working conditions and disparity in pay in 
the Commercial Office Cleaner/Janitorial trade 
(referred August 14) — recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



Whereas, Boston has one of the highest costs of liv- 
ing of any city in the U.S. and it is virtually impossible 
for our commercial office cleaners to have a respectable 
quality of life here on the salaries currently paid; and 

Whereas, Boston has one of the most profitable real 
estate markets in its downtown area of any city in the 
U.S.; therefore be it 

Resolved, That the Boston City Council requests the 
commercial real estate community and their chosen 
maintenance contractors to offer decent wages and ben- 
efits including health care, in line with cities like New 
York and San Francisco that have similar costs of living 
requirements. 

On motion of Councilor MURPHY, the rules were 
suspended; the resolution was adopted; yeas 12. 



PRESENTATION BY COUNCILOR FEENEY 

Councilor FEENEY presented young Dorchester 
women with a resolution congratulating them for win- 
ning the Junior Girl's CYO Softball League Archdiocese 
Championship. 



ORDER FOR CONFIRMATION OF 6 CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF BOND FOR TERM EXPIR- 
ING 4-30-03 (DOCKET NO, 0981) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13,2002 
To the City Council. 
Dear City Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached Order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1, 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



RESOLUTION REQUESTING COMMERCIAL 
REAL ESTATE COMMUNITY AND THEIR 
CHOSEN MAINTENANCE CONTRACTORS 
OFFER DECENT WAGES AND BENEFITS 
INCLUDING HEALTH CARE (DOCKET NO. 
1003) 

On motion of Councilor MURPHY, Docket No. 1003 
was taken out of order. 

Councilor MURPHY offered the following: 

Whereas, Creating good jobs that support families 
helps our City and its neighborhoods; and 

Whereas, The City of Boston was the first City in the 
Commonwealth to pass a "living wage" ordinance 
which currently mandates $10.25 as a minimum livable 
wage; and 

Whereas, The current commercial office cleaner con- 
tract pays $9.95 per hour, in violation of our Living 
Wage ordinance; and 

Whereas, More than 1 1, ()()() Massachusetts commer- 
cial otTice cleaners work hard every night, performing 
necessary work for wages that cannot sustain an indi- 
vidual and certainly not a family; and 

Whereas, Many of these commercial office cleaners 
are paid as little as $39.00 per day with no benefits 
because employers circumvent labor requirements; and 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1, 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

New Constable Application List 

Recommended Approvals 

The following recommendations for approval are new 
applicants. 



Baskin, Donyell M. 
Bcaubrun, Bernard 



1222 Blue Hill Ave. #2. Mattiipan 02126 
142 Margarctta Dr., Hyde Park 02 1 36 



MeLaughlin. Daniel A. 97 Chester St. #1, 
Perez, Samuel 64 iniey Rd. #5. 

Porter, Frank A. 8 North Ave. #8, 

William.s, Gregory 14 I-velyn St., 



AlKston 021.14 

Jamaica Plain 02130 

Roxbury021l') 

Mattapan 02 1 26 



The rules were suspeiulcd; the order was passed. 



ORDER lOR CONFIRMATION OF 5 CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF BOND FOR TERM EXPIR- 
ING 4-30-03 (DOCKET NO. 0982) 

The followine was received; 



206 



CITY COUNCIL 



City of Boston 
Office of the Mayor 

August 13, 2002 

To the City Council. 
Dear City Councillors: 

Subject to confirmation by your Honorable Body. I 
hereby appoint the following named people on the 
attached Order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1, 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1, 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

Renewal Constable Applications List 

Recommended Approval 

The following recommendations for approval are 
renewal applicants. 

DiGirolamo, Joseph F. 215 Bennington St. #1, E. Boston 02128 



The rules were suspended; the order was passed. 



Edouard, Ghems 
Haddad, Richard M. 
Mba, Charles C. 
Riley- Basestra, Janet 



247 Woodrow Ave., Dorchester 02124 

21ArdaIeSt., Roslindale 02131 

20 Melbourne St. #2, Dorchester 02 1 24 

171 Emerson St., S. Boston 02127 



The rules were suspended; the order was passed. 



ORDER FOR CONFIRMATION OF LADON ADAIR 
AS CONSTABLE AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF BOND 
FOR TERM EXPIRING 4-30-03 (DOCKET NO. 
0983) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2002 
To the City Council. 
Dear City Councillors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached Order as Constables of the City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2002 and ending April 
30, 2003. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



( 



ORDER FOR CONFIRMATION OF REAPPOINT- 
MENT OF ANTHONY CASENDINO AS A 
MEMBER OF BACK BAY ARCHITECTURAL 
COMMISSION FOR TERM EXPIRING 12-31- 
2006 (DOCICET NO. 0984) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the re-appointment of Anthony Casendino of 
306 Dartmouth Street, Boston, Massachusetts, as a fiill 
member of the Back Bay Architectural Commission for 
a term expiring December 3 1 , 2006. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the re-appointment of Anthony 
Casendino of 306 Dartmouth Street, Boston, 
Massachusetts, as a full member of the Back Bay 
Architectural Commission, for a term expiring 
December 31, 2006 be, and the same hereby is 
approved. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF MARK HARTZFELD AS MEMBER OF 
BACK BAY ARCHITECTURAL COMMIS- 
SION FOR TERM EXPIRING 12-31-06 
(DOCKET NO. 0985) 

The following was received: 

City of Boston 
Office of the Mayor 

August 13,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Mark Hartzfeld of 770 
Boylston Street, Boston, Massachusetts, as a fiill mem- 
ber of the Back Bay Architectural Commission for a 
term expiring December 3 1 , 2006. 

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

Thomas M. Menino, 
Mayor of Boston. 



i 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston 
authorized to serve civil process upon filing of bond for 
the period commencing May 1, 2002 and ending April 
30, 2003 be and the same hereby is approved. 

2002-2003 

Renewal Constable Applications List 

Recommended Approval 

The following recommendation for approval is a 
renewal applicant for the Inspectional Service 
Department. 



Adair, Ladon 
02119 



1820 Washington St., Boston 



ORDERED: That the appointment of Mark Hartzfeld 
of 770 Boylston Street, Boston, Massachusetts, as a full 
member of the Back Bay Architectural Commission, for 
a term expiring December 3 1 ,2006, vice Barry Hoffman 
be, and the same hereby is approved. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER FOR CONFIRMATION OF RE-APPOINT- 
MENT OF DONNA PRICE AS ALTERNATE 
MEMBER OF BACK BAY ARCHITECTURAL 
COMMISSION FOR TERM EXPIRING 12-31- 
06 (DOCKET NO. 0986) 



c 



AUGUST 28, 2002 



207 



The following was received: 

City of Boston 
Office of the Mayor 

August 13,2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the re-appointment of Donna Price of 1 5 Tocci 
Path, Newton, Massachusetts, as an alternate member of 
the Back Bay Architectural Commission for a term 
expiring December 31, 2006. 
I urge your Honorable Body to pass this Order. 
Respectfully, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the re-appointment of Donna Price 
of 1 5 Tocci Path, Newton, Massachusetts, as an alternate 
member of the Back Bay Architectural Commission, for 
a term expiring December 31, 2006 be, and the same 
hereby is approved. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER FOR CONFIRMATION OF THE APPOINT- 
MENT OF PETER FIEDLER AS AN ALTER- 
NATE MEMBER OF THE BACK BAY 
WEST/BAY STATE ROAD ARCHITECTURAL 
CONSERVATION DISTRICT COMMISSION 
FOR A TERM EXPIRING JUNE 30, 2004 
(DOCKET NO. 0987) 

The following was received: 

City of Boston 
Office of the Mayor 

July 22, 2002 
To the City Council. 
Dear Councillors: 

I transmit herewith for your confirmation an Order 
regarding the appointment of Pete Fiedler of 3 
Amberwood Lane, Boxford, MA, as an alternate mem- 
ber of the Back Bay West/Bay State Road Architectural 
Conservation District Commission for a term expiring 
June 30, 2004. 

I urge your Honorable Body to adopt this order expe- 
ditiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of Pete Fiedler of 
3 Amberwood Lane, Boxford, MA, as an alternate mem- 
ber of the Back Bay West/Bay State Road Architectural 
Conservation District Commission for a term expiring 
June 30, 2004 be, and the same hereby is approved. 

Referred to tlie Committee on Environment and 
Historic Preservation. 



ORDER FOR THE APPOINTMENT OF ALBERT LI 
AS A ME