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Proceedings of City Council 



Wednesday, November 3, 2004 

Regular meeting of the City Council, held in the 
Christopher A. lannella Chamber, City Hall, at 11:30 
a.m. President Flaherty in the Chair. Absent, Councilors 
Arroyo, Murphy and Scapicchio. 



INVOCATION 

Father Richard Bennett, delivered the invocation and 
the meeting was opened with the pledge of allegiance to 
the flag. 



VISITORS TO CITY COUNCIL 

President FLAHERTY wanted to welcome Leaders 
for Tomorrow from Northern Ireland who attend 
Harvard's Kennedy School and who are visiting the 
Council today. 



ORDER APPROVING PETITION FOR SPECAIL 
LAW TO RESTORE BOSTON'S GOVERN- 
MENTALLY-fNVOLVED HOUSING PRO- 
TECTION (DOCKET NO. 1458) 

The following was received: 

City of Boston 
Office of the Mayor 

November 1 , 2004 

To the City Council 

Dear Councilors: 

I transmit herewith for your approval, an Act to 
Restore Govemmentally Involved Housing Protection 
in Boston. The issue of expiring use began in the late 
1960's and early 1970's when many rental properties in 
Boston were built with governmental subsidies of a 
fixed term. Developers received low mortgage interest 
rates, some as low as 1% with no money down. In addi- 
tion, thousands of already built multi-family rental 
buildings were rehabilitated with government loans, 
with low interest rates and virtually no money down. 

In exchange, the owners agreed to sign regulatory 
agreements. Some had their rents regulated and many 
had "use" restrictions that were imposed with very strict 
eviction standards. The original contracts allowed the 
owners to payoff their 40 year mortgages and terminate 
their contracts after 20 years. Today, with value of prop- 
erties skyrocketing, many of these owners are prepaying 
their mortgage financing. This, along with the expira- 
tion or loss of use restrictions and subsidy contracts, is 
putting the tenants of such housing at risk of displace- 
ment through rent increases or no-fault evictions. 

It is because of these concerns that I ask your 
Honorable Body to consider the passage of the Home 
Rule Petition at its earliest convenience. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



TO RESTORE BOSTON'S 

GOVERNMENTALLY-INVOLVED HOUSING 

PROTECTION 

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 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: 

Whereas, a serious public emergency exists with 
respect to the housing of citizens in Boston residing in 
govemmentally-invoived housing, inasmuch as there is 
a threat that many low-income individuals and families 
residing in such housing, particularly those elderly and 
disabled, may be threatened with displacement as a 
result of prepayment of mortgage financing, loss of use 
restrictions, expiring subsidy contracts, and expected 
increases in rent, and there is a threat that affordable 
housing stock will be lost due to expiration of use 
restrictions and subsidy contracts and "Such pre-pay- 
ment; further exacerbating an extreme housing shortage 
within the city for low-income families and voters, and 
whereas, in approving Chapter 40 P of the General 
Laws, the voters did not exempt such housing from pro- 
tection or regulation and whereas it is the city's policy to 
encourage owners of this govemmentally-invoived 
housing to accept incentives to keep such housing 
affordable and avert displacement, that such emergency 
should be met by the city of Boston immediately; there- 
fore, this act is declared to be in the public interest. 

SECTION 2. (A) Notwithstanding the provisions of 
any general or special law to the contrary, including, 
without limitation, the provisions of chapter forty P of 
the General Laws and chapter 282 of the Acts of nine- 
teen hundred and ninety-four, for so long as the City 
Council of Boston shall determine that the circum- 
stances described in section one hereof continue to 
exist, the City of Boston shall by ordinance regulate the 
rent for use or occupancy of govemmentally-invoived 
or formerly govemmentally-invoived housing to the 
extent such regulation is not preempted by federal law 
or by section six of chapter 708 of the Acts of nineteen 
hundred and sixty-six as amended, once the basis for 
federal or state rent regulation or preemption no longer 
exists. For purposes of this act, "govemmentally- 
invoived housing" is defined as housing units which the 
United States, the Commonwealth or any authority cre- 
ated under the laws thereof (i) insures the mortgage 
thereon, or owns, operates, finances, or subsidizes such 
housing units, and (ii) regulates the individual rents 
thereof, including without limitation housing units con- 
structed or rehabilitated pursuant to Section 202 of the 
Housing Act of 1959, as amended (12 U.S.C. § I701q), 
Sections 221(d) and 236 of the National Housing Act, as 
amended (12 U.S.C. §§ 17151 (d) or 1715z-l), Section 
811 of the Cranston-Gonzalez National Affordable 
Housing Act, as amended (42 U.S.C. § 8013), or 
Section 13A of chapter 708 of the Acts of nineteen hun- 
dred and sixty-six, added by Section 10 of chapter 855 
of the Acts of nineteen hundred and seventy, as 
amended (M.G.L. c. 23 A App. § 1-1 3A), or housing 
units financed or subsidized pursuant to project-based 
programs for low-income persons under Section 8 of the 
United States Housing Act of 1937, as amended (42 
U.S.C. § 14371), or the project-based Massachusetts 
Rental Voucher Program, so-called (see line item 7004- 
9004 of Secfion 2 of chapter 159 of the Acts of two 
thousand, as well as 760 C.M.R. Part 49.00), or housing 
units with mortgage insurance under Sections 207 or 
220 of the National Housing Act, as amended, and sub- 
ject to a rent regulatory agreement or other controls pur- 
suant to applicable law with the Boston Redevelopment 
Authority, but not including the following: 

(1) housing units owned or acquired by the City of 
Boston through tax foreclosure; '~'*'-.a».. 

(2) except for publicly owned dwelling units or units 
which are financed or subsidized with project-based 
Section 8, housing units in a one-to-four family building 
or stmcture which are not part of a larger housing devel- 
opment, whether on one or more sites; 

(3) stmctures containing housing units subsidized 
with mobile tenant-based rental assistance that would 
not otherwise come within the definition of govemmen- 



338 



CITY COUNCIL 



tally involved housing; 

(4) public housing owned or operated by a local hous- 
ing authority under chapter 12 IB of the General Laws, 
the United States Housing Act of 1937 (42 U.S.C. §§ 
14S7a et seq.), or any successor act or public housing 
programs formerly assisted under the United States 
Housing Act of 1937: 

(5) housing units which received mortgage insurance 
pursuant to sections 207 or 220 of the National Housing 
Act but not subject to a rent regulatory agreement or 
other controls with the Boston Redevelopment 
Authority as well as housing units which received mort- 
gage insurance pursuant to section 608 of the National 
Housing Act, regardless of whether there was a rent reg- 
ulatory agreement or other controls with the Boston 
Redevelopment Authority or not; 

(6) housing units which received mortgage insurance 
pursuant to Section 221(d) of the National Housing Act 
and which never received a federal or state subsidy or 
below market interest rate mortgage subsidy; and 

(7) housing units where the sole government involve- 
ment is the owner's participation in federal, state, or 
municipal fimded programs for home repairs, energy 
conservation, or lead paint abatement. 

For the purpose of this act, "formerly govemmen- 
tally-involved housing" is defined as housing which was 
govemmentally-involved housing as of July 1, 1994, or 
which becomes govemmentally involved housing after 
July 1, 1994, but which then no longer is owned, oper- 
ated, financed, subsidized, mortgage-insured, or rent- 
regulated by the United States, the Commonwealth, or 
any authority created under the laws thereof, provided 
that "formerly govemmentally involved housing" shall 
include any housing receiving subsidy under Section 
8(t) of the United States Housing Act of 1937 (42 
U.S.C. § 1437f(t)). 

For the purpose of this act, "low-income" is defined 
as annual household income which is eighty percent or 
less of the median income for the area as determined by 
the United States Department of Housing and Urban 
Development, with adjustments for smaller and larger 
families. 

The City of Boston shall by ordinance create a offi- 
cial body designated by the Mayor to establish as the 
maximum rent for the govemmentally-involved and for- 
merly govemmentally-involved housing units the rent 
in effect therefore on July 1 , 1 994, or six months before 
the basis federal or state rent regulation or preemption 
lapsed, whichever is later, adjusted to insure such rent 
provides a fair net operating income as of the date of the 
official body's decision, provided, however, said ordi- 
nance shall authorize the official body to make individ- 
ual adjustments in such maximum rents as may be nec- 
essary to remove hardships or to correct other 
inequities. In making individual adjustments to remove 
hardships or to correct other inequities, the official body 
shall observe the principle of maintaining maximum 
rents for such housing units at levels which will yield to 
owners a fair net operating income from such housing 
units. In determining whether the maximum rent for 
such housing units yields a fair net operating income, 
due consideration shall be given to, among other rele- 
vant factors; (1) increases in property taxes; (2) 
unavoidable increases in operating and maintenance 
expenses; (3) major capital improvement of the housing 
units, distinguished from ordinary repair, replacement, 
and maintenance; (4) increases or decreases In living 
space, services, fiimiture, fumishings or equipment; and 
(5) substantial deterioration of the housing units other 
than ordinary wear and tear, or failure to perform ordi- 
nary repair, replacement, or maintenance. 

(B) Such ordinance shall provide that no person shall 
bring an action to recover possession of a govemmen- 
tally-involved housing unit, or of a formerly govem- 
mentally involved housing unit, to the extent that such 
regulation is not otherwise preempted by federal law or 
section six of chapter 708 of the acts of nineteen hun- 
dred and sixty-six as amended, unless: 



( 1 ) the tenant has failed to pay the rent to which the 
owner is entitled; 

(2) the tenant has violated an obligation or covenant 
of tenancy not inconsistent with chapter 93A of the 
General Laws or this act other than the obligation to sur- 
render possession upon proper notice, and has failed to 
cure the violation after having received written notice 
thereof; 

(3) the tenant is causing, committing, or permitting a 
nuisance in, or substantial damage to the housing unit, 
or is creating substantial interference with the comfort, 
safety, or enjoyment of the owner or other occupants of 
the same or any adjacent unit; 

(4) the tenant has used or permitted use of a housing 
unit for illegal purposes; 

(5) the tenant, who had a written lease or rental agree- 
ment which has terminated, has refiised, after written 
requests or demand by the owner, to execute a written 
extension or renewal thereof for a farther term of like 
duration on terms not inconsistent with or violative of 
any provision of this act; 

(6) the tenant has refused the owner reasonable access 
to the housing unit for the purpose of making necessary 
repairs or improvements required by law, or for the pur- 
pose of inspection as permitted or required by the lease 
or law, or for the piupose of showing the housing unit to 
any prospective purchaser or mortgagee; 

(7) the tenant holding at the end of a lease term is a 
subtenant not approved by the owner; or 

(8) the owner seeks to recover possession for any 
other just cause not in conflict with the provisions and 
purposes of this act or chapter 93A of the General Laws. 

The provisions of this section shall be construed as 
additional restrictions on the right to recover possession 
of such housing units. 

(C) Such ordinance shall also provide that no person 
shall remove any govemmentallyinvolved or formally 
govemmentally-involved housing accommodation from 
low-income rental housing use (including but not lim- 
ited to sale, lease, or other disposition of the property 
which may have such an effect), or convert such prop- 
erty to a condominium or cooperative, without first 
obtaining a permit for that purpose from the official 
body, to the extent that such provision is not preempted 
by federal law or section six of chapter 708 of the acts 
of nineteen hundred and sixty-six as amended. Such 
permit may be supject to terms and conditions not 
inconsistent with the purposes and provisions of this act, 
including, without limitation, (a) incentives to continue 
in effect the low-income restrictions previously in place 
for the property and (b) where sale, lease, or disposition 
of the property may result in the loss of all or a portion 
ofthe property for low-income rental housing use. the 
right of an incorporated tenants association in such 
housing, the city of Boston, the Boston Housing 
Authority, non-profit community development corpora- 
tions, or other equivalent bona fide non-profit organiza- 
tions to negotiate for, acquire and operate such property 
on substantially equivalent terms and conditions as 
offered or available to a bona fide third-party purchaser. 

(D) To the extent not preempted by federal law or 
section six of chapter 708 of the acts of nineteen hun- 
dred and sixty-six as amended, such ordinance shall 
require that owners of govemmentally-involved hous- 
ing, or formerly govemmentally involved housing, 
affirmatively seek out and accept any prospective gov- 
ernmental housing resources, whether tenant-based or 
project-based, which maximize affordability of the 
housing units consistent with the income character of 
the property arid the owner a right to obtain a fair net 
operating income for the housing units, provided that 
the City shall assist owners by identifying such govem- 
mental housing resources. 

(E) To the extent not preempted by federal law or sec- 
tion six of chapter 708 of the acts of nineteen hundred 
and sixty-six as amended, and so long as such regulation 
is consistent with the owner's right to obtain a fair net 
operating income, such ordinance shall also provide that 



NOVEMBER 3, 2004 



339 



the City may establish local preferences, priorities, and 
income limits for admission to governmentally- 
involved housing or former govemmentally-involved 
housing upon unit turnover, consistent, to the extent 
with the income profile of the property twelve months 
prior to the date of the loss or rent preemption or the 
decision to not renew an expiring subsidy contract. The 
official body may approve an alternative plan requested 
by the owner, consistent with the provisions of this Act. 
No ordinance or regulation shall require an owner to 
create a tenancy involving any person with a history of 
conduct which would, if repeated, be grounds for evic- 
tion from such housing. 

(F) Such ordinance shall also provide that the official 
body may grant exemptions and exceptions to the gen- 
eral provisions of this act when such action would tend 
to maintain or increase the supply of affordable housing 
in Boston, including, without limitation, promoting the 
sale of properties to bona fide tenant organizations or 
non-profit community development corporations under 
terms and conditions which would tend to maintain the 
income character of the property. 

(G) Such ordinance shall provide that the official 
body may promulgate such rules, regulations and orders 
as it may deem necessary to effectuate the purposes of 
this act and the ordinance. The official body may hold 
hearings on any matters within its authority under this 
act and ordinance. Any hearings regarding matters 
related to regulation of rents or removal permits for gov- 
ernmentally involved or formerly govemmentally 
involved housing or regarding compliance with other 
provisions of this act, or the ordinance, orders, rules, or 
regulations adopted or promulgated hereunder, shall be 
conducted by the official body in accordance with the 
provisions of section eleven of chapter thirty A of the 
General Laws except that requirements (7) and (8) of 
such section eleven shall not apply to such hearings. 

(H) All decisions of the crucial body may be appealed 
to the housing court department of the trial court, city of 
Boston division, by any person aggrieved thereby, 
whether or not previously a party in the matter, within 
thirty calendar days after notice of such decision. 
Judicial review of adjudicatory decisions shall be con- 
ducted in accordance with section fourteen of chapter 
thirty A of the General Laws. Judicial review of regula- 
tions shall be conducted in accordance with section 
seven of chapter thirty A of the General Laws. The 
housing court department of the trial court, city of 
Boston division, shall have jurisdiction to enforce the 
provisions hereof and any ordinance, rule or regulation 
adopted hereunder, and on application of the official 
body or any aggrieved person may restrain or enjoin 
violations of any such ordinance, rule, or regulation. In 
the interests of justice, the court may allow any neces- 
sary parties to be joined in or to intervene in any action 
brought hereunder and may in its discretion allow or 
require an action to proceed as a class action. 

SECTION 3. It shall be unlawful for any person to do 
or omit to do any action in violation of this act, or any 
order, ordinance, rule or regulation adopted or promul- 
gated hereunder. Whoever willfiilly violates any provi- 
sion of this act or any order, ordinance, rule or regula- 
tion adopted or promulgated hereunder or whoever 
makes a false statement in any testimony before the offi- 
cial body or its agents, or whoever knowingly supplies 
the official body with false information shall be pun- 
ished by a fine of not more than four hundred dollars or 
by imprisonment for not more than ninety days, or both; 
provided, however, that in the case of a second or sub- 
sequent offense, or where the violation continues after 
notice thereof, such person shall be punished by a fine 
of not more than two thousand dollars, or by imprison- 
ment for not more than one year, or both. 

SECTION 4. The provisions of this act are severable, 
and if any of its provisions shall be held unconstitutional 
or otherwise invalid by any court of competent jurisdic- 
tion, the decision of such court shall not affect or impair 
any of the remaining provisions. 



SECTION 5. The provisions of M.G.L. C.40P shall 

not apply to any ordinance adopted under this authority. 

SECTION 6. This act shall take effect upon passage 

On motion of Councilor FEENEY, the rules were 

suspended; the order was passed. 



NOTICE RECEIVED FROM CITY CLERK IN 
ACCORDANCE WITH CHAPTER 6 OF ORDI- 
NANCE OF 1979 RE: ACTIONS TAKEN BY 
MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS OCTOBER 6, 2004 
MEETING (DOCKET NO. 1460) 

The following was received: 

To the City Council 

Dear 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 Cify Council at its meeting of October 6, 2004 viz. 

0294 Order approving a petition for a special law re: 
pension of Officer Zenaida Flores. 

Approved by the Mayor on October 13, 2004. 

1225 Order approving a Preservation Restriction 
Agreement by and between Paul G. Roiff, owner and 
Trustee of the 752 Tremont Street Trust and the 
National Architectural Trust Inc., pursuant to M.G.L. 
Chapter 184 section 32. 

Approved by the Mayor on October 13, 2004. 

1226 Order approving a Preservation Restriction 
Agreement by and between RPP Commerce LLC and 
the National Architectural Trust Inc., pursuant to 
M.G.L. Chapter 184 section 32. 

Approved by the Mayor on October 13, 2004. 

1227 Order approving a Preservation Restriction 
Agreement by and between Beach Street LLC and the 
National Architectural Trust Inc., pursuant to M.G.L. 
Chapter 184 section 32. 

Approved by the Mayor on October 13, 2004. 

1 24 1 Ordinance regarding the impoundment of vehi- 
cles involved in the drug trade. 

Approved by the Mayor on October 13, 2004. 

1 305 Order authorizing the Assessing Department to 
accept a grant of $2,250.00 from HIQ Computer for 1 5 
surplus Princeton computer monitors. 

Approved by the Mayor on October 13, 2004. 

1361 Order approving a supplemental appropriation 
of $19,700.00 for the Property and Construction 
Management Department for FY05, to cover the cost 
items contained within the collective Bargaining agree- 
ment between the city and the National Conference of 
Fireman and Oilers, Local 3, AFL-CIO. 

Approved by the Mayor on October 13, 2004. 

1362 Order authorizing the Police Commissioner to 
accept and expend a grant of $17,000.00 from the 
Commonwealth of Massachusetts, Executive Office of 
Public Safefy Programs Division, for the purpose of 
providing a daily after school program at the Dearborn 
Middle School. 

Approved by the Mayor on October 13, 2004. 

1363 Order authorizing the Police Commissioner to 
accept an Automated External Defibrillator (AED) from 
the Commonwealth of Massachusetts, Executive Office 
of Public Safety Programs Division, for the purpose of 
providing an AED to the Boston Police Department to 
be placed in the Police Department Academy. 

Approved by the Mayor on October 13, 2004. 

1367 7 Constables Bonds. 

Approved by the Mayor on October 1 9, 2004. 

Attest: 

Rosario Salerno, City Clerk 

Placed on file. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ESfG BY BRA OF "THIRD AMENDMENT TO 



340 



CITY COUNCIL 



REPORT AND DECISION ON ARMORY TER- 
RACE CHAPTER 121 A PROJECT (DOCKET 
NO. 1461) 

Communication was received from City Clerk of the 
filing by the Boston Redevelopment Authority of the 
"Third Amendment to Report and Decision on the 
Armory Terrace Chapter 12IA Project. 

Placed on file. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: RETIREMENT OF WILLIAM L 
GRIFFITHS (DOCKET NO. 1462) 

Councilor FLAHERTY offered the following: 

HOME RULE PETITION 

WHEREAS, During the course of events comprising 
a drug-trafficking-related arrest on July 23, 2001, 
Massachusetts State Trooper Kevin Murray and Boston 
Police Officer William I. Griffiths wrestled a drawn 
handgun away from a suspected perpetrator; and 

WHEREAS, During the struggle, the perpetrator 
fired the weapon once before it jammed; and 

WHEREAS, The bullet did not strike a human target, 
but Officer Griffiths sustained injuries to his back and 
knee as a result of the physical struggle to disarm the 
perpetrator; and 

WHEREAS, As a result of the injuries, Officer 
Griffiths endured two surgeries but continues to experi- 
ence disabling levels of pain; he continues treatment for 
back pain and for PTSD; consequently. Officer Griffiths 
is incapacitated from further public service as a Boston 
Police Officer. THEREFORE BE IT 

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 foim only: 

PETITION FOR A SPECIAL LAW RE: 
THE RETIREMENT OF WILLIAM I. GRIFFITHS 

Section 1 . Notwithstanding the provisions of any gen- 
eral law, special law, rule, or regulation to the contrary, 
and in order to promote the public good, the State- 
Boston Retirement Board is hereby authorized and 
directed to retire Officer William I. Griffiths of the 
Boston Police Department, who, as a result of injuries 
sustained while in the performance of his duties on July 
23, 2001, for accidental disability, pursuant to Section 7 
of Chapter 32 of the General Laws in that said member 
is unable to perform the essential duties of his job and 
that such inability is likely to be permanent and that he 
should be so retired. 

Section 2. The annual amount of pension payable to 
William I. Griffiths shall be equal to the regular annual 
rate of compensation which would have been paid had 
he continued in service as a police officer of the Boston 
Police Department at the grade held by him at the time 
of his retirement. 

Such retirement shall become effective commencing 
on the date immediately following the final day for 
which he received regular compensation for such 
employment. 

Upon such retirement, the State-Boston Retirement 
Board shall forthwith pay to William I. Griffiths the 
amount credited to him as accumulated total deductions 
in the annuity savings fund of the State-Boston 
Retirement Board. William I. Griffiths shall be entitled 
to receive indemnification for all hospital, medical, and 
related expenses that have been or may be incurred after 



the date of his retirement as a result of said injuries, pur- 
suant to the provisions of Chapter 41 of the General 
Laws. 

Section 3. Upon the death of William I. Griffiths, if 
his wife survives him then the State-Boston Retirement 
Board shall pay to her, so long as she remains unmar- 
ried, an annuity in the amount of three-fourths of the 
amount of the pension payable to him, per month, at the 
time of his death. If said surviving wife remarries, the 
City of Boston shall pay, in lieu of the aforesaid annuity 
to her, an annuity of five hundred fifty dollars and no 
cents ($550.00) per month to her. In the event that 
William I. Griffiths' wife does not survive him then the 
City of Boston shall pay an annual amount equal to 
three-fourths of the amount of the pension payable to 
him at the time of his death for the benefit of the chil- 
dren of William I. Griffiths for such time as any such 
child is either under eighteen (18) years of age or totally 
or mentally incapacitated from working. 

Section 4. This act shall take effect immediately upon 
its passage. 

Referred to the Committee on Government 
Operations. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1463) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, November 6, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
January 28, 2005: 

Betsy C. Alvarez, Secretary, 576.93, full time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1464) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, November 6, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 19,2004: 

Michael Rampino, Secretary, 500.00, ftill time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1465) 

Councilor FLAHERTY offered the follovmg: 

Ordered: That effective Saturday, November 6, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, 
November 12,2004: 

Katherine Carangelo, Secretary, 1,596.16, frill time. 

Lorene Schettino, Administrative Asst., 1,576.95, full 
time. 

Joseph Arangio, Secretary, 3,096.16, fiiU time. 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1466) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, November 13, 
2004, the following named person be, and hereby is, 
appointed to the position set against their name until 
Friday, January 28, 2005: 

Katherine Carangelo, Secretary, 596.16, full time. 

Lorene Schettino, Administrative Asst., 576.95, fiiU 



NOVEMBER 3, 2004 



341 



time. 



Joseph Arangio, Secretary, 1,096.16, full time. 
Passed under suspension of the rules. 



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 APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $27,460 FOR GRAPHIC ARTS 
AND POLICE DEPARTMENTS FOR FY05 TO 
COVER COST ITEMS CONTAINED WITHIN 
COLLECTIVE BARGAINING AGREEMENT 
BETWEEN CITY AND BOSTON TYPO- 
GRAPHICAL UNION, LOCAL 13 (DOCKET 
NO. 1467) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Graphic Arts and Police Departments for 
FY05 in the amount of $27,460 to cover the cost items 
contained within the collective bargaining agreement 
between the City of Boston and the Boston 
Typographical Union, Local 13. Funding for the costs of 
FY03 and FY04 will be charged to reserves established 
for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period conrmencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of TWENTY SEVEN 
THOUSAND FOUR HUNDRED SIXTY DOLLARS 
($27,460) be, and the same hereby is appropriated as 
follows, said sum to be met from taxation pursuant to 
Section 23 of Chapter 59 of the General Laws: - 

Graphic Arts Department 2005-100-145000 Personnel Services 

$24,700 
Police Department 2005-100-211000 Personnel Services 

$ 2,760 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING TO DISCUSS FY05 TAX 
RATE BUDGET, AMOUNT OF RESOURCES 
AVAILABLE AND HOW CITY WILL UTI- 
LIZE RESOURCES (DOCKET NO. 1474) 

Councilor Ross offered the following 

Whereas: The City of Boston has set aside 
$30,679,594 as a collective bargaining reserve for FY 
05; and 

Whereas: The City of Boston has already expended 
this amount to fiind over 30 separate collective bargain- 
ing units and there are still other outstanding collective 
bargaining units that need to be settled for FY 05; and 

Whereas: The City of Boston is in the process of 
establishing its FY05 Tax Rate Budget which will 
reflect additional revenue resources available fi-om the 
Commonwealth of Massachusetts which will be utilized 
to offset the remaining collective bargaining commit- 



ments; Therefore be it 

Ordered,: That the appropriate Committee of the 
Boston City Council convene a public hearing to discuss 
the FY05 Tax Rate Budget, the amount of additional 
resources available and how the City of Boston will uti- 
lize these resources; and Be it Further 

Ordered: That the Chief Financial Officer, Office of 
Budget Management, and the general public be invited 
to participate. 

Referred to the Committee on Ways and Means. 



ORDER FOR HEARING TO DISCUSS PRIVACY 
POLICY FOR VOTERS (DOCKET NO. 1475) 

Councilor Tobin offered the folowing: 

ORDERED: That the appropriate Boston City 
Council committee conduct a hearing to discuss the pri- 
vacy policy for a voter while they are inside a polling 
location in the City of Boston and that representatives 
irom the Boston Elections Department be invited to 
attend. 

Referred to the Committee on Government 
Operations. 



ORDER FOR SUPPLEMENTAL APPROPRIATION 
OF $495,378 FOR COLLECTIVE BARGAIN- 
ING RESERVE FOR FY05 TO COVER COST 
OF COLLECTIVE BARGAINING AGREE- 
MENTS PREVIOUSLY APPROVED AND 
FUNDED THROUGH RESERVE TRANSFERS 
(DOCKET NO. 1438) 

Councilor ROSS called Docket No. 1438 firom the 
Committee on City and Neighborhood Services. 

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

On motion of Councilor ROSS, 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 McDermott: Congratulating Patrice 
Dinatale (Docket No. 1468). 

Councilor Yancey: Congratulating Anthony R. 
Tucker (Docket No. 1469). 

Councilor Hennigan: Congratulating Joan Malfa- 
McLaughlin (Docket No. 1470). 

Councilor Tobin: Congratulating Dr. Arnold Arluke 
(Docket No. 1471). 

Councilor Arroyo: Congratulating Jose Barriga 
(Docket No. 1472). 

Councilors Flaherty and Hennigan: Congratulataing 
Saint Francis House and declaring November 14, 2004 
as National Hunger and Homeless Awareness Week 
(Docket No. 1473). 

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: 

Councilors Yancey, Turner, Arroyo, Hennigan, 
Flaherty, Consalvo, Feeney, Kelly, McDermott, Ross 
and Tobin: Congratulating Reverend Dr. Michael E. 
Haynes (Docket No. 1476). 

The matters contained within the Consent Agenda 
were severally adopted. 



342 CITY COUNCIL 



STATEMENT OF COUNCILOR TOBIN 

Councilor TOBIN wanted to invite all the Councilors 
and friends to honor Walter McCarty of the Boston 
Celtics who is not only busy on the courts but busy with 
the arts and music programs. There will be a gathering 
at 1 :00 p.m. today in the Piemonte Room. 



NEXT MEETING 

President FLAHERTY moved that the Council 
adjourn today in memory of William J. Laffey and 
Helen Pearl to meet again on Wednesday, November 
17, 2004 at 11:30 a.m. 

The motion was carried. 



Adjourned at 12: 10 p.m. on motion of President FLA- 
HERTY to meet again on Wednesday, November 17, 
2004 at ll:30a.m 



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



343 NOVEMBER 3, 2004 



CITY COUNCIL 344 



CITY COUNCIL 



345 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, November 1 7, 2004 

Regular meeting of the City Council, held in the 
Christopher A. lannella Chamber, City Hall, at 11:50 
a.m., President Flaherty in the Chair. 



INVOCATION 

Rabbi Shmeul Posner, Chabad House of Greater 
Boston, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY PRESIDENT FLAHERTY 

President FLAHERTY presented a resolution to rep- 
resentatives of the Homicide Survivors in acknowledg- 
ment for Homicide Survivors Awareness Month. 



PRESENTATION BY COUNCILOR TURNER 

Councilor TURNER presented a resolution to repre- 
sentatives of the Boston Urban Asthma Coalition. 



WITHIN CONTRACT BETWEEN BOSTON 
SCHOOL COMMITTEE AND ITS TRANS- 
PORTATION VENDOR, FIRST STUDENT, 
INC. TO COVER COST ITEMS CONTAINED 
WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN FIRST STUDENT, 
INC. AND UNITED STEELWORKERS OF 
AMERICA ON BEHALF OF BUS DRIVERS, 
LOCAL 8751 (DOCKET NO. 1478) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY05 in the 
amount of $1,484,578 to cover the cost items contained 
within the contract between the Boston School 
Committee and its transportation vendor. First Student, 
Inc., to cover the cost items contained within the collec- 
tive bargaining agreement between First Student, Inc. 
and the United Steelworkers of America, on Behalf of 
Bus Drivers, Local 8751. Funding for the costs of FY04 
will be charged to the reserve established for that year. 
I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER FOR SUPPLEMENTAL APPROPRL\TION 
OF $181,979 FOR PUBLIC SCHOOLS FOR 
FY05 TO COVER COST ITEMS CONTAINED 
WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COM- 
MITTEE AND UNITED STEEL WORKERS OF 
AMERICA ON BEHALF OF BUS MONITORS, 
LOCAL 2936 (DOCKET NO. 1477) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY05 in the 
amount of $181,979 to cover the cost items contained 
within the collective bargaining agreement between the 
Boston School Committee and the United Steelworkers 
of America, on Behalf of Bus Monitors, Local 2936. 
Funding for the costs of FY03 and FY04 will be charged 
to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $ 1 8 1 ,979 be, and the same 
hereby is appropriated as follows, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: - Boston Public Schools 2005-100- 
101000 Personnel Services, $181,979. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



Ordered: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $1,484,578 be, and the 
same hereby is appropriated as follows, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 
of the General Laws: Boston Public Schools 2005-100- 
101000 Transportation Services $1,484,578. 

On motion of Councilor ROSS, Docket No. 1478 was 
referred to the Committee on Ways and Means. 

Councilor TURNER moved for reconsideration. 

Reconsideration prevailed. 

Councilor TURNER moved for suspension and pas- 
sage. 

The motion did not prevail: yeas 4, nays 9: 

Yeas- Councilors Arroyo, Hermigan, Turner, 
Yancey- 4. 

Nays - Councilors Consalvo, Feeney, Flaherty, Kelly, 
McDermott, Murphy, Ross, Scapicchio, Tobin - 9. 

Referred to the Committee on Ways and Means. 



ORDER FOR SUPPLEMENTAL APPROPRIATION 
OF $1,484,578 FOR PUBLIC SCHOOLS FOR 
FY05 TO COVER COST ITEMS CONTAINED 



ORDER FOR SUPPLEMENTAL APPROPIUATION 
OF $21,762 FOR PUBLIC SCHOOLS FOR 
FY05 TO COVER COST ITEMS CONTAINED 
WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN BOSTON SCHOOL 
COMMITTEE AND BOSTON SCHOOL 
DEPARTMENT PLANT ADMINISTRATORS 
ASSOCIATION (DOCKET NO. 1479) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Boston Public Schools for FY05 in the 
amount of $21,762 to cover the cost items contained 
within the collective bargaining agreement between the 
Boston School Committee and the Boston School 
Department Plant Adminisfrators Association. 

I respectfully request your support of this supplemen- 
tal appropriation. 



346 



CITY COUNCIL 



Sincerely, 



Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $21,762 be, and the same 
hereby is appropriated as follows, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws:- Boston Public Schools 2005-100- 
101000 Personnel Services, $21,762. 

On motion of Councilor ROSS, tlie rules were sus- 
pended; tlie order was passed. 



ORDER FOR SUPPLEMENTAL APPROPRIATION 
OF $27,460 FOR GRAPHIC ARTS AND 
POLICE DEPARTMENT FOR FY05 TO 
COVER COST ITEMS CONTAINED WITHIN 
COLLECTIVE BARGAINING AGREEMENT 
BETWEEN CITY AND TYPOGRAPHICAL 
UNION, LOCAL 13 (DOCKET NO. 1480) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Graphic Arts and Police Departments for 
FY05 in the amount of $27,460 to cover the cost of 
items contained within the collective bargaining agree- 
ment between the City of Boston and the Boston 
Typographical Union, Local 13. Funding for the costs of 
FY03 and FY04 will be charged to reserves established 
for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $27,460 be, and the same 
hereby is appropriated as follows, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: Graphic Arts Department 2005-100- 
145000 Personnel Services $24,700; Police Department 
2005 -100-21 1000 Personnel Services $2,760 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$50,000 FROM MASSACHUSETTS OFFICE 
OF ATTORNEY GENERAL FOR PURPOSE 
OF DRUG TRAFFICKING REDUCTION PRO- 
GRAM (DOCKET NO. 1481) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear 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 $50,000.00 from the Massachusetts 
Office of the Attorney General. This award is made for 
the purpose of a drug frafficking reduction program 
whereby specialized drug investigation officers conduct 



investigations in certain target areas that work to reduce 
drug frafficking in those areas as a part of the Grove 
Hall Safe Neighborhood Initiative/Boston Weed and 
Seed Site. 

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. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

WEED AND SEED FUNDS AWARDED BY 

THE MASSACHUSETTS OFFICE OF 

THE ATTORNEY GENERAL 

WHEREAS, The Massachusetts Office of the 
Attorney General has authorized the issuance of fiinds 
to the Boston Police Department; and 

WHEREAS, The funds in the amount of $50,000.00 
will be utilized by the Boston Police Department for the 
Grove Hall Safe Neighborhood Initiative/Boston Weed 
and Seed Site for overtime for specialized officers to 
conduct drug investigations towards reducing drug fraf- 
ficking in target areas; 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 $50,000.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$12,500 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTFVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION 
FOR PURPOSE OF POLICE YOUTH VIO- 
LENCE STRIKE FORCE INITIATIVES, OPER- 
ATION HOMEFRONT (DOCKET NO. 1482) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear Councilors: 

I hereby fransmit for your approval an order authoriz- 
ing the City of Boston to accept and expend a grant in 
the amount of $12,500 from the Commonwealth of 
Massachusetts, Executive Office of Public Safety 
Programs Division. This award is made for the purpose 
of Boston Police Youth Violence Strike Force initia- 
tives. Operation Homefront - police and clergy home- 
visits to at-risk youth, and Operation Cleanslate presen- 
tations and hotpot analysis. 

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 they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY 

OF BOSTON TO ACCEPT AND EXPEND THE 

JUVENILE ACCOUTABLILITY INCENTIVE 

BLOCK GRANT AWARDED BY THE 
EXECUTIVE OFFICE OF PUBLIC SAFETY 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is autho- 
rized, piirsuant to section 53A of chapter 44 of the 
Massachusetts General Laws, to accept the award of the 



NOVEMBER 17, 2004 



347 



Commonwealth of Massachusetts Executive Office of 
Publicllafety Programs Division, not to exceed the 
amount of $12,500.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$100,000 FROM U.S. DEPARTMENT OF JUS- 
TICE FOR PURPOSE OF CONTRACTING 
WITH FOUR LOCAL FAITH-BASED ORGA- 
NIZATIONS TO CONTINUE TO PROVIDE 
FULL-TIME MENTORING SERVICES FOR 
OFFENDERS (DOCKET NO. 1483) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear 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 $ 100,000.00 from the U.S. Department 
of Justice, Office of Community Oriented Policing 
Services. This award is made for the purpose of con- 
tracting with four local faith-based organizations to con- 
tinue to provide full-time mentoring services for offend- 
ers returning from the Suffolk County House of 
Correction as part of the Boston Reentry 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. 



AN ORDER AUTHORIZING THE CITY OF 
BOSTON TO ACCEPT AND EXPEND THE VALUE 
BASED INITIATFVE FUNDS AWARDED BY THE 

U.S. DEPARTMENT OF JUSTICE, OFFICE OF 
COMMUNITY ORIENTED POLICING SERVICES 

WHEREAS, The United States Department of 
Justice, Office of Community Oriented Policing 
Services has authorized the issuance of fiinds to the 
Boston Police Department; and 

WHEREAS, The funds in the amount of $100,000.00 
will be utilized by the Boston Police Department to part- 
ner with local faith-based organizations to provide men- 
toring to ex-offenders; 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 United States Department of Justice, 
Office of Community Oriented Policing Services 
Award not to exceed the amount of $100,000.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$322,297 FROM U.S. DEPARTMENT OF JUS- 
TICE FOR PURPOSE OF CONTINUING OUR 
JUDICIAL OVERSIGHT DEMONSTRATION 
INITIATIVE (A.K.A. DORCHESTER DOMES- 
TIC VIOLENCE COURT (DOCKET NO. 1484) 

The following was received: 

City of Boston 
Office of the Mayor 

November 10, 2004 
To the City Council 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $322,297.00 in the form of a US 



Department of Justice, Office on Violence Against 
Women Grants to Encourage Arrest Policies grant 
award to the Boston Police Department, for the purpose 
of continuing our Judicial Oversight Demonstration 
Initiative (a.k.a. Dorchester Domestic Violence Court), 
a comprehensive community policing strategy aimed at 
preventing and reducing domestic violence victimiza- 
tion. 

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 ftmds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

BOSTON POLICE DEPARTMENT'S GRANTS 

TO ENCOURAGE ARREST POLICIES FUNDS 

AWARDED BY THE US DEPARTMENT OF 

JUSTICE, OFFICE ON VIOLENCE AGAINST 

WOMEN FOR THE CONTINUATION OF THE 

JUDICIAL OVERSIGHT DEMONSTRATION 

INITIATIVE 

WHEREAS, The US Department of Justice, Office 
on Violence Against Women, has authorized the 
issuance of funds to the Boston Police Department; and 

WHEREAS, The ftinds in the amount of $322,297.00 
will be utilized by the Boston Police Department to con- 
tinue the Judicial Oversight Demonstration Initiative; 
now, therefore be it 

ORDERED: That the Mayor, acting on behalf ofthe 
City of Boston be, and hereby is authorized, to accept 
and expend the US Department of Justice, Office on 
Violence Against Women's award not to exceed the 
amount of $322,297.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$50,000 FROM MASSACHUSETTS OFFICE 
OF ATTORNEY GENERAL FOR PURPOSE 
OF MULTI-UNIT HOUSING INITIATIVE 
FOCUSING ON VIOLENT CRIME AND 
DRUG REDUCTION PROGRAM (DOCKET 
NO. 1485) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear 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 $50,000.00 from the Massachusetts 
Office of the Attorney General. This award is made for 
the purpose of a Multi-Unit Housing Initiative focusing 
on violent crime and drug crime reduction program in 
and around the federally subsidized housing units in the 
Grove Hall area, whereby specialized police officers 
work with property managers and community partners 
to target areas of concern as well as track crime rates as 
part of part of the Grove Hall Safe Neighborhood 
Initiative/Boston Weed and Seed Site. 

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. 



348 



CITY COUNCIL 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

WEED AND SEED FUNDS AWARDED BY 

THE MASSACHUSETTS OFFICE OF 

THE ATTORNEY GENERAL 

WHEREAS, The Massachusetts Office of the 
Attorney General has authorized the issuance of funds 
to the Boston Pohce Department; and 

WHEREAS, The flinds in the amount of $50,000.00 
will be utilized by the Boston Police Department for the 
Grove Hall Safe Neighborhood Initiative/Boston Weed 
and Seed Site for officers and analyst to conduct inves- 
tigations based on crime statistics as part of the Multi- 
Unit Housing Initiative to reduce violent and drug 
crimes in the Grove Hall area; 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 $50,000.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENl'TO 
ACCEPT AND EXPEND GRANT OF $1 18,000 
FROM GOVERNOR'S HIGHWAY SAFETY 
BUREAU FOR PURPOSE OF TRAFFIC 
ENFORCEMENT FOCUSING ON SEATBELT 
USAGE, DRUNK-DRIVING AND ROAD 
RESPECT AS PART OF VARIOUS STATE 
TRAFFIC ENFORCEMENT CAMPAIGNS 
(DOCKET NO. 1486) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear 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 $118,000.00 from the Governor's 
Highway Safety Bureau. This award is made for the 
purpose of traffic enforcement focusing on seatbelt 
usage, drunk-driving and road respect as part of various 
State traffic enforcement campaigns. 

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. 



TO ACCEPT AND EXPEND GRANT OF 
$600,000 FROM COMMONWEALTH OF 
MASSACHUSETTS EXECUTFVE OFFICE OF 
PUBLIC SAFETY FOR PURPOSE OF 
INCREASING ANTI-GANG POLICFNG 
ACTIVITIES IN MORTON ST.-TALBOT AVE. 
CORRIDOR AND ENHANCING POLICING IN 
MATT AP AN SQUARE (DOCKET NO. 1487) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 
To the City Council 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $600,000.00 in the form of a 
Commonwealth of Massachusetts Executive Office of 
Public Safety grant award to the Boston Police 
Department, for the purpose of increasing anti-gang 
policing activities in the Morton Street-Talbot Avenue 
corridor, and enhancing policing in Mattapan Square. 

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 fiinds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZfNG THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

BOSTON POLICE DEPARTMENT'S ANTI-GANG 

POLICING GRANT FUNDS A WARDED BY THE 

COMMONWEALTH OF MASSACHUSETTS, 

EXECUTIVE OFFICE OF PUBLIC SAFETY 

WHEREAS, The Commonwealth of Massachusetts, 
Executive Office of Public Safety, has authorized the 
issuance of fiinds to the Boston Police Department; and 

WHEREAS, The funds in the amount of S600.000.00 
will be utilized by the Boston Police Department for 
anti-gang policing activities in specified neighborhoods; 
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 Commonwealth of Massachusetts, 
Executive Office of Public Safety's award not to exceed 
the amount of $600,000.00 

Referred to the Committee on Public Safety. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 2004- 

2005 TRAFFIC ENFORCEMENT & EQUIPMENT 

GRANT PROGAM FUNDS A WARDED BY THE 

GOVERNOR'S HIGHWAY SAFETY BUREAU 

WHEREAS, The Governor's Highway Safety Bureau 
has authorized the issuance of fimds to the Boston 
Police Department; and 

WHEREAS, The funds in the amount of $1 18,000.00 
will be utilized by the Boston Police Department to 
increase awareness and enforcement of safety belt use, 
drunk driving and road respect by placing enforcement 
checkpoints within the city as part of various statewide 
traffic campaigns, 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 Highway Safety Bureau award 
not to exceed the amount of $ 1 1 8,000.00. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 



ORDER AUTHORIZING SHERIFF COUNTY TO 
ACCEPT AND EXPEND GRANT OF $996,753 
FROM U.S. DEPARTMENT OF EDUCATION 
TO FUND LIFE SKILLS FOR STATE AND 
LOCAL PRISONERS (CREW) (DOCKET NO. 
1488) 

The following was received: 

City of Boston 
Office of the Mayor 

November 2, 2004 

To the City Council 

Dear Councilors: 

I hereby transmit for your approval an Order autho- 
rizing Suffolk County to accept and expend an award in 
the amount of $996,753.00 in the form of a grant from 
the U.S. Department of Education. This grant is 
intended to fund the Life Skills for State and Local 
Prisoners (CREW) Grant Program at the Suffolk County 
Sheriffs Department through September 29, 2006. 

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



NOVEMBER 17, 2004 



349 



Sincerely, 



Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE SHERIFF 

OF SUFFOLK COUNTY TO ACCEPT AND 

EXPEND A FEDERAL GRANT FOR THE LIFE 

SKILLS FOR STATE AND LOCAL 

PRISONERS (CREW) PROGRAM 

ORDERED: That the Sheriff of Suffolk County, act- 
ing on behalf of the County of Suffolk, be and the same 
hereby is authorized to accept and expend, pursuant to 
section 24 of chapter 34 of the General Laws, a grant 
from the United States Department of Education in an 
amount not to exceed $996,753.00 for the Life Skills for 
State and Local Prisoners (CREW) Grant Program at the 
Suffolk County Sheriffs Department for the period 
October 1, 2003 through September 29, 2006. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$19,485.31 FROM COMMONWEALTH OF 
MASSACHUSEITS EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION 
FOR PURPOSE OF SUBCONRACTING TO 
ELLA J. BAKER HOUSE FOR THEIR EXAM- 
INE LIFE PROJECT (DOCKET NO. 1489) 

The following was received: 

City of Boston 
Office of the Mayor 

October 13, 2004 
To the City Council 
Dear Councilors: 

I hereby fransmit for your approval an Order autho- 
rizing the City of Boston to accept and expend a grant in 
the amount of $19,485.31 from the Commonwealth of 
Massachusetts, Executive Office of Public Safety 
Programs Division. This award is made for the purpose 
of subcontracting to the Ella J. Baker House for their 
Examine Life Project, a youth violence prevention men- 
toring 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 they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

JUVENILE ACCOUNT ABLILITY INCENTIVE 

BLOCK GRANT AWARDED BY THE 

EXECUTIVE OFFICE OF PUBLIC SAFETY 

ORDERED: That the Police Commissioner, acting 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 the award of the 
Commonwealth Massachusetts, Executive Office of 
Public Safety Programs Division, not to exceed the 
amount of SI 9,485.31. 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE DEPARTMENT 
TO ACCEPT AND EXPEND GRANT OF 
$3,368,400 FROM COMMONWEALTH OF 
MASSACHUSETTS EXECUTIVE OFFICE OF 
PUBLIC SAFETY FOR PURPOSE OF CON- 
TINUING SAME COP SAME NEIGHBOR- 
HOOD PROGRAM (DOCKET NO. 1490) 



The following was received: 

City of Boston 
Office of the Mayor 

October 12,2004 
To the City Council 
Dear Councilors; 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $3,368,400.00 in the form of a 
Commonwealth of Massachusetts Executive Office of 
Public Safety, State Community Policing grant award to 
the Boston Police Department, for the purpose of con- 
tinuing 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 mai accept 
the funds expeditiously and expend them for the pur- 
poses for which these fijnds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE 

BOSTON POLICE DEPARTMENT'S STATE 

COMMUNITY POLICING GRANT FUNDS 

AWARDED BY THE COMMONWEALTH OF 

MASSACHUSETTS, EXECUTIVE 

OFFICE OF PUBLIC SAFETY 

ORDERED: That the Boston Police Department, act- 
ing on behalf of the City of Boston be, and hereby is 
authorized, pursuant to section 53 A of chapter 44 of the 
Massachusetts General Laws, to accept and expend the 
award of the Commonwealth of Massachusetts, 
Executive Office of Public Safety, not to exceed the 
amount of $3,368,400.00. 

Referred to the Committee on Public Safety. 



ORDER APPROVING TRANSFER OF 52,500 
SQUARE FEET OF SURFACE RIGHTS 
UNDER CONTROL OF PUBLIC IMPROVE- 
MENT COMMISSION (P.I.C.) FROM PUR- 
POSE OF DISCONTINUED STREET PARCEL 
TO SALE PARCEL AND AUTHORIZING 
SALE OF SUCH SURFACE RIGHTS 
LOCATED ON NASHUA STREET, BOSTON 
PROPER (DOCKET NO. 1491) 

The following was received: 

City of Boston 
Office of the Mayor 

October 25, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval an Order frans- 
ferring 52,500 square feet of surface rights under the 
confrol of the Public Improvement Commission (P.I.C.) 
from purpose of discontinued street parcel to sale parcel 
and authorizing the sale of such surface rights located 
on Nashua Street, Boston Proper. 

That portion of Nashua Street shown on a plan of land 
entitled "City of Boston, Public Works Department, 
Engineering Division, Discontinuance Plan, Nashua 
Sfreet, Boston Proper" was discontinued by vote of the 
P.I.C. on March 31, 1988 as part of an agreement for the 
sale of the site to the Commonwealth of Massachusetts 
for a facility to replace the Charles Sfreet Jail. Due to an 
oversight, the conveyance was never completed. This 
Order also provides for the sale of the parcel. 
I urge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G.L. c. 40, § 15 A, that 



350 



CITY COUNCIL 



portion of Nashua Street discontinued by vote of the 
Pubhc Improvement Commission on March 31, 1988, 
and shown on a plan of land entitled "City of Boston, 
Public Works Department, Engineering Division, 
Discontinuance Plan, Nashua Street, Boston Proper," 
shall be, and the same hereby is, transferred from pur- 
pose of discontinued street parcel to sale parcel. 

IT IS FURTHER 

ORDERED: That the Mayor, acting on behalf of the 
Public Improvement Commission and pursuant to the 
authority granted to him under St. 1948, c. 452 § 17E, 
as amended by St. 1966 c. 642, § 14, be, and is hereby 
authorized to convey said surface rights by a Release 
Deed, in form satisfactory to the Corporation Counsel, 
that portion of Nashua Street discontinued by vote of the 
Public Improvement Commission on March 31, 1988, 
and shown on a plan of land entitled "City of Boston, 
Public Works Department, Engineering Division, 
Discontinuance Plan, Nashua Street, Boston Proper." 

Referred to the Committee on Aviation and 
Transportation. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF LEAH N. BETHEA, LORRAINE C. 
BETHEA, MARY ANN BOYLE, CARAIBEL 
GALDON, PAUL T. SANDERS AND STAN- 
LEY WASHINGTON AS CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF BONDS FOR PERIOD 
COMMENCING 5-1-2004 ENDING 4-30-2007 
(DOCKET NO. 1492) 

The following was received: 

City of Boston 
Office of the Mayor 

October 27, 2004 
To the City Council 
Dear Councilors: 

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, 2004 and ending April 
30, 2007. 

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, 2004 and ending April 
30, 2007 be and the same hereby is approved. 
2004-2007 

New Constable Application List 
Recommended Approvals 

The following recommendations for approval are 
new applicants. 

Leah N. Bethea 04/27/72 5 Greenwich St., Apt# 2-A 
Boston 02120. 

Lorraine C. Bethea 04/03/57 34 Hammond St., Apt# 
3-A Boston 02120. 

Mary Ann Boyle 05/04/48 8 Whittier PI., Suite 23-J 
Boston 021 14. 

Claraibel Galdon 09/27/63 1855 Washington St.; Apt 
8-E Boston 02 11 8. 

Paul T. Sanders 06/24/39 31 Joyce Kilmer Rd. West 
Roxbury 02132. 

Stanley Washington 08/05/42 19 MaryknoU St. 
Mattapan 02126. 

Referred to the Committee on Government 
Operations. 



ORDER FOR CONFIRMATION OF APPOINT- 
MENTS OF JOSEPH HAMELBURG AND 
RAYMOND R. PHOENIX AS CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF BONDS FOR PERIOD 
COMMENCING 5-1-2004 ENDING 4-30-2007 
(DOCKET NO. 1493) 

The following was received: 

City of Boston 
Office of the Mayor 

October 27, 2004 
To the City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the 
attached order as Constables ofthe City of Boston, 
authorized to serve civil process upon filing of bond, for 
the period commencing May 1 , 2004 and ending April 
30, 2007. 

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 , 2004 and ending April 
30, 2007 be and the same hereby is approved. 

2004-2007 

Renewal Constable Applications List 

Recommended Approval 

The following recommendations for approved are 
renewal applicants. 

Joseph S. Hamelburg 07/30/28 565 Massachusetts 
Ave. Boston 02118. 

Raymond R. Phoenix 06/29/40 150A Stratton St. 
Dorchester 02 124. 

Referred to the Committee on Government 
Operations. 



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN 
LOGAN M. CHANDLER AND NANETTE A. 
CHANDLER AND NATIONAL ARCHITEC- 
TURAL TRUST, INC. PURSUANT TO M.G.L. 
AND NATIONAL ARCHITECTURAL TRUST, 
INC., PURSUANT TO M.G.L. CHAPTER 184, 
SECTION 32 (DOCKET NO. 1494) 

The following was received: 

City of Boston 
Office of the Mayor 

October 18, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order 
authorizing the approval of a Preservation Restriction 
Agreement by and between Logan M. Chandler and 
Nanette A. Chandler and the National Architectural 
Trust, Inc. This action will allow the preservation of a 
historically significant architectural structure in the 
South End District of Boston. 

As this building is appropriate for preservation, I urge 
your Honorable Body, to adopt this Order as soon as 
possible so that we can continue to maintain the historic 
and architectural integrity of our neighborhoods. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 



NOVEMBER 17, 2004 



351 



the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 24 Claremont 
Park, Boston, Massachusetts 02 1 1 8 is a structure which 
is historically significant for its architecture and for its 
neighborhood association and is therefore appropriate 
for preservation; and 

WHEREAS, Logan M. Chandler and Nanette A. 
Chandler, the owners of 24 Claremont Park, have con- 
veyed a historic preservation restriction to the facade of 
24 Claremont Park to the National Architectural Trust, 
Inc., a charitable corporation exempt from taxation 
under Section 501 (c) (3), of the Internal Revenue Code, 
by agreement which is attached hereto (the 
"Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commission 
has approved the Preservation Restriction pursuant to 
Chapter 1 84, Section 32 of the Massachusetts General 
Laws and the Boston Landmarks Commission, as the 
preservation-planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 ofthe Massachusetts General Laws, the Preservation 
Restriction on 24 Claremont Park as set forth in the 
attached instrument be and the same hereby is approved. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN EB 
PROPERTIES, LLC AND NATIONAL AND 
NATIONAL ARCHITECTURAL TRUST, INC., 
PURSUANT TO M.G.L. CHAPTER 184, SEC- 
TION 32 (DOCKET NO. 1495) 

The following was received: 

City of Boston 
Office of the Mayor 

October 18, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order 
authorizing the approval of a Preservation Restriction 
Agreement by and between EB Properties, LLC and the 
National Architectural Trust, Inc. This action will allow 
the preservation of a historically significant architec- 
tural structure in the Back Bay Historic District of 
Boston. 

As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as 
possible so that we can continue to maintain the historic 
and architectural integrity of our neighborhoods. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 113 Beacon 
Street, Boston, Massachusetts 02 1 1 6 is a structure 
which is historically significant for its architecture and 
for its neighborhood association and is therefore appro- 
priate for preservation; and 

WHEREAS, EB Properties, the owner of 1 13 Beacon 
Street, has conveyed a historic preservation restriction 
to the facade of 1 1 3 Beacon Street to the National 
Architectural Trust, Inc., a charitable corporation 
exempt from taxation under Section 501 (c) (3), ofthe 
Internal Revenue Code, by agreement which is attached 
hereto (the "Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commission 
has approved the Preservation Restriction pursuant to 



Chapter 184, Section 32 ofthe Massachusetts General 
Laws and the Boston Landmarks Commission, as the 
preservation-planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 of the Massachusetts General Laws, the Preservation 
Restriction on 1 1 3 Beacon Street as set forth in the 
attached instrument be and the same hereby is approved. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN 
JANET HUNKEL AND NATIONAL AND 
NATIONAL ARCHITECTURAL TRUST, INC., 
PURSUANT TO M.G.L. CHAPTER 184, SEC- 
TION 32 (DOCKET NO. 1496) 

The following was received: 

City of Boston 
Office ofthe Mayor 

October 18,2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order 
authorizing the approval of a Preservation Restriction 
Agreement by and between Janet L. Hunkel and the 
National Architectural Trust, Inc. This action will allow 
the preservation of a historically significant architec- 
tural structure in the Beacon Hill Historic District of 
Boston. 

As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as 
possible so that we can continue to maintain the historic 
and architectural integrity of our neighborhoods. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 36 River Street, 
Boston, Massachusetts 02108 is a structure which is his- 
torically significant for its architecture and for its neigh- 
borhood association and is therefore appropriate for 
preservation; and 

WHEREAS, Janet L. Hunkel, the owner of 36 River 
Street, has conveyed a historic preservation restriction 
to the facade of 36 River Street to the National 
Architectural Trust, Inc., a charitable corporation 
exempt from taxation under Section 501 (c) (3),of the 
Internal Revenue Code, by agreement which is attached 
hereto (the "Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commission 
has approved the Preservation Restriction pursuant to 
Chapter 1 84, Section 32 of the Massachusetts General 
Laws and the Boston Landmarks Commission, as the 
preservation-planning agency ofthe City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 ofthe Massachusetts General Laws, the Preservation 
Restriction on 36 River Street as set forth in the attached 
instrument be and the same hereby is approved. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN 
ELLEN DRIGGIN AND NATIONAL AND 
NATIONAL ARCHITECTURAL TRUST, INC., 
PURSUANT TO M.G.L. CHAPTER 184, SEC- 



352 



CITY COUNCIL 



TION 32 (DOCKET NO. 1497) 

The following was received: 

City of Boston 
Office of the Mayor 

October 18, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order 
authorizing the approval of a Preservation Restriction 
Agreement by and between Ellen Driggin and the 
National Architectural Trust, Inc. This action will allow 
the preservation of a historically significant architec- 
tural structure in the Back Bay Historic District of 
Boston. 

As this building is appropriate for preservation, 1 urge 
your Honorable Body to adopt this order as soon as pos- 
sible so that we can continue to maintain the historic and 
architectural integrity of our neighborhoods. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 434 Marlborough 
Street, Boston, Massachusetts 02115 is a structure 
which is historically significant for its architecture and 
for its neighborhood association and is therefore appro- 
priate for preservation; and 

WHEREAS, Ellen Driggin, the owner of 434 
Marlborough Street, has conveyed a historic preserva- 
tion restriction to the facade of 434 Marlborough Street 
to the National Architectural Trust, Inc., a charitable 
corporation exempt from taxation under Section 501 (c) 
(3), of the Internal Revenue Code, by agreement which 
is attached hereto (the "Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commission 
has approved the Preservation Restriction pursuant to 
Chapter 1 84, Section 32 of the Massachusetts General 
Laws and the Boston Landmarks Commission, as the 
preservation-planning agency ofthe City of Boston, has 
approved, the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 ofthe Massachusetts General Laws, the Preservation 
Restriction on 434 Marlborough Street as set forth in the 
attached instrument be and the same hereby is approved. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN 
JOHN F. KEANE AND MARILYN T. KEANE 
AND NATIONAL AND NATIONAL ARCHI- 
TECTURAL TRUST, INC., PURSUANT TO 
M.G.L. CHAPTER 184, SECTION 32 
(DOCKET NO. 1498) 

The following was received: 

City of Boston 
Office of the Mayor 

October 18, 2004 

To the City Council 

Dear Councilors: 

I transmit herewith for your approval, an Order 
authorizing the approval of a Preservation Restriction 
Agreement by and between John F. Keane and Marilyn 
T. Keane and the National Architectural Trust, Inc. This 
action will allow the preservation of a historically sig- 
nificant architectural structure in the Beacon Hill 
Historic District of Boston. 

As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as 



possible so that we can continue to maintain the historic 
and architectural integrity of our neighborhoods. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 37 Chesttiut 
Street, Boston, Massachusetts 02108 is a structure 
which is historically significant for its architecture and 
for its neighborhood association and is therefore appro- 
priate for preservation; and 

WHEREAS, John F. Keane and Marilyn T. Keane, 
the owners of 37 Chestnut Street, have conveyed a his- 
toric preservation restriction to the facade of 37 
Chestnut Street to the National Architectural Trust, Inc., 
a charitable corporation exempt from taxation under 
Section 501 (c) (3), ofthe Internal Revenue Code, by 
agreement which is attached hereto (the "Preservation 
Restriction"); and 

WHEREAS, the Massachusetts Historic Commission 
has approved the Preservation Restriction pursuant to 
Chapter 1 84, Section 32 of the Massachusetts General 
Laws and the Boston Landmarks Commission, as the 
preservation planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 ofthe Massachusetts General Laws, the Preservation 
Restriction on 37 Chestnut Street as set forth in the 
attached instrument be and the same hereby is approved. 

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



ABSENCE OF THE MAYOR 
(DOCKET NO. 1499) 

Notice was received from the Mayor of his absence 
from the City on November 8, 2004 until November 13, 
2004. 

Placed on file. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "FIFTH AMENDMENT TO 
REPORT AND DECISION ON SERVICENTER 
CHAPTER 121 A PROJECT (DOCKET NO. 
1500) 

Communication was received from City Clerk of the 
filing by the Boston Redevelopment Authority of the 
"Fifty Amendment to Report and Decision on the 
Servicenter Chapter I2IA Project. 

Placed on file. 



NOTICE RECEIVED FROM CITY CLERK IN 
ACCORDANCE WITH CHAPTER 6 OF ORDI- 
NANCE OF 1979 RE: ACTIONS TAKEN BY 
MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS MEETING OF OCTO- 
BER 20, 2004 (DOCKET NO. 1501) 

The following was received: 

Office ofthe City Clerk 

To The City Council 

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 October 20, 2004 viz. 



NOVEMBER 17, 2004 



353 



1028 Order authorizing the Election Department to 
accept and expend a granrof $1,537,075.00 from the 
Commonwealth of Massachusetts, for the reimburse- 
ment of the installation of new voting machines 
throughout the City 

Approved by the Mayor on October 25, 2004. 

1303 Order authorizing the Police Commissioner to 
accept and expend a grant of $218,890.00 from the 
United States Department of Justice, for the purpose of 
training a Gang Resistance Education and Training 
(G.R.E.A.T.) training officer, as well as trained youth 
service officers. 

Approved by the Mayor on October 25, 2004. 

1304 Order authorizing the Police Commissioner to 
accept and expend a grant of $10,000.00 from the 
Governor's Highway Safety Bureau, for the purpose of 
reducing safety belt violation through enforcing seatbelt 
usage and occupant protection as part of the State Click- 
It-or Ticket campaign. 

Approved by the Mayor on October 25, 2004. 

1358 Order authorizing the Police Commissioner to 
accept and expend a grant of $55,000.00 from the 
Commonwealth of Massachusetts Executive Office of 
Public Safety Programs Division, for the 
Multijurisdictional Task Force. 

Approved by the Mayor on October 25, 2004. 

1359 Order authorizing the Mayor to accept and 
expend a grant of $33,784.00 from National Institute of 
Justice under the Forensic Casework DNA Backlog 
Reduction Program, for the Police Crime Lab. 

Approved by the Mayor on October 25, 2004. 

1360 Order authorizing the Mayor to accept and 
expend a grant of $24,520.00 from National Institute of 
Justice under the DNA Capacity Enhancement Program, 
for the Police Crime Lab to purchase equipment neces- 
sary to reduce the turnaround time of DNA analysis. 

Approved by the Mayor on October 25, 2004. 
1393 Order approving a petition for a special law re: 
Retirement of James J. Cahill. 

Approved by the Mayor on October 25, 2004. 



Placed on file. 



Rosaria Salerno, 

City Clerk. 



NOTICE RECEIVED FROM CITY CLERK IN 
ACCORDANCE WITH CHAPTER 6 OF ORDI- 
NANCE OF 1979 RE: ACTIONS TAKEN BY 
MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS MEETING OF OCTO- 
BER 27, 2004 (DOCKET NO. 1502) 

The following was received: 

Office ofthe City Clerk 

To The City Council 

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 October 27, 2004 viz. 

1234 Order authorizing the Environment Department 
to accept and expend a grant of $18,000.00 from the 
Massachusetts Historical Commission to support a 
Boston Landmarks Commission staff architect position. 

Approved by the Mayor on November 2, 2004. 

1439 Order approving a supplemental appropriation 
of $131,300.00 for the Police Department for FY05, to 
cover the cost items contained within the collective bar- 
gaining agreement between the City and Police School 
Traffic Supervisors' Association. 

Approved by the Mayor on November 2, 2004. 

1440 Order authorizing the Police Commissioner to 
accept and expend a grant of $50,000.00 from the 
Massachusetts Office of the Attorney General, for the 
purpose of a Vietnamese community relation's' special- 



ist to provide outreach to the Vietnamese Community in 
Dorchester. 

Approved by the Mayor on November 2, 2004. 

1441 Order authorizing the Fire Department to accept 
and expend a grant of $3,200.00 from the Massachusetts 
Emergency Management Agency, State Emergency 
Response Commission, for the purpose of providing 
administrative assistance to the Local Emergency 
Planning Committee. 

Approved by the Mayor on November 2, 2004. 

1442 Order authorizing the Fire Department to accept 
and expend a grant of $2,000.00 from the Massachusetts 
Emergency Management Agency, State Emergency 
Response Commission, for the purpose of providing 
administrative assistance to the Local Emergency 
Planning Committee. 

Approved by the Mayor on November 2, 2004. 

1443 Order authorizing the Fire Department to accept 
and expend a grant of $2,000.00 from the Massachusetts 
Emergency Management Agency, for the purpose of 
providing citywide Title III Facility Pre-Incident Plan 
Books for each of Boston's eleven fire Districts and var- 
ious divisions in Boston Fire Department. 

Approved by the Mayor on November 2, 2004. 
1447 Constable's Bonds of Anthony Baker, Frederick 
McDonald and Allen T. Mayor. 
Approved by the Mayor on November 5, 2004. 



Placed on file. 



Rosaria Salerno, 

City Clerk. 



REPORT APPROVING PETITION FOR SPECIAL 
LAW RE: PUBLIC SAFETY IN CITY 
(DOCKET NO. 1310) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1310, order approving a peti- 
tion for a special law re: Public Safety in the City 
(referred September 22) - recommending the order be 
placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDINANCE AMENDING CBC 23-5 
AND 23-9 TO HELP KEEP CITY OF BOSTON 
CLEAN (DOCKET NO. 0734) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0734, message of the Mayor 
and ordinance amending CBC 23-5 and 23-9 to help 
keep the City of Boston clean (referred May 19) recom- 
mending the passage of the ordinance in a new draft. 

On motion of Councilor FEENEY, the report was 
remanded back to the Committee on Government 
Operations. 



REPORT ON ORDINANCE RE: IMPOUNDMENT 
OF VEHICLES INVOLVED IN SOLICITA- 
TION/PROSTITUTION (DOCKET NO. 1401) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1401, order for ordinance 
regarding the impoundment of vehicles involved in 
solicitation/prostitution (referred October 20) - recom- 
mending passage of the ordinace. 

The report was accepted; the ordinance was 
passed; yeas 13. 



354 



CITY COUNCIL 



ORDER FOR HEARING TO REVIEW FEASIBILITY 
OF CREATING OFFICE TO PROVIDE ASSIS- 
TANCE AND SUPPORT TO BOSTON'S NON- 
PROFIT AND HUMAN SERVICES AGEN- 
CIES (DOCKET NO. 1503) 

Councilors TOBIN, FLAHERTY, TURNER, MUR- 
PHY, ROSS, MCDERMOTT, FEENEY ARROYO, 
HENNIGAN and YANCEY offered the following: 

WHEREAS: The City of Boston has created assis- 
tance and support offices such as New Bostonians, the 
Rental Housing Resource Center, Business 
Development, the Women's Commission, and Small 
and Local Business Enterprise; and 

WHEREAS: The City of Boston is home to hundreds 
of non-profit agencies that support youth, seniors, the 
homeless, the hungry and many others; and 

WHEREAS: Funding cuts have made it tougher for 
smaller non-profits to stay active; and 

WHEREAS: An office dedicated to non-profits 
would greatly improve communication between City 
Hall and the non-profit community and offer the support 
they desperately call for; Therefore be it ordered 

ORDERED: That the appropriate Boston City 
Council committee conduct a hearing to review the fea- 
sibility of creating an office to provide assistance and 
support to Boston's non-profit and human service agen- 
cies and invite representatives of the mayor's office, 
local non-profits, and any other interested parties. 

Referred to the Committee on Government 
Operations. 



ORDER FOR HEARING ON SUCCESSES AND 
FAILURES OF PILOT SCHOOLS AND TO 
DISCUSS THEIR FUTURE WITH SCHOOL 
SYSTEM (DOCKET NO. 1504) 

Councilors TOBFN, TURNER, ARROYO, 
YANCEY and FEENEY offered the following: 

WHEREAS: Pilot Schools were established in 1995 
to provide models of educational excellence to help fos- 
ter reform in all Boston Public Schools; and 

WHEREAS :There are currently 17 Pilot Schools and 
2 Horace Mann Schools (previously Pilot) in Boston 
spanning grades K -12; and 

WHEREAS: Pilot Schools enroll approximately 
5,700 students in Boston, comprising over 9% of the 
total BPS student population; and 

WHEREAS: Pilot Schools, although designed to 
have autonomy in many areas, are still subject to the 
BPS Student Assignment plan; Therefore be it 

ORDERED: That the appropriate Boston City 
Council committee conduct a hearing on the successes 
and failures of Pilot Schools and to discuss their future 
within the BPS system, inviting the appropriate repre- 
sentatives from the BPS, Boston Pilot Schools Network, 
and other interested parties. 

Referred to the Committee on Education. 



RESOLUTION STRONGLY URGING SCHOOL 
DEPARTMENT AND SCHOOL COMMITTEE 
TO INSTALL GLOBAL POSITIONING SYS- 
TEM ON ENTIRE FLEET PUBLIC SCHOOL 
BUSES (DOCKET NO. 1505) 

Councilors TOBIN, FEENEY and MURPHY offered 
the following: 

WHEREAS: The City of Boston owns the entire fleet 
of school buses in the City of Boston; and 

WHEREAS: Safety is the Boston School Department 
and First Student Inc.'s absolute highest priority regard- 
ing student transportation; and 

WHEREAS: A global positioning system provides 
the ability to track a school bus's location, speed and 



direction, showing the date and time of each trip, there- 
fore increasing the safety of every student who travels to 
and fi'om school on a city owned school bus; Therefore 
belt. 

RESOLVED: That the Boston City Council strongly 
urges the Boston Public School Department aild the 
Boston School Committee to install a global positioning 
system on the entire fleet of Boston Public School 
buses. 

On motion of Councilor TOBIN, the rules were 
suspended; the resolution was adopted; yeas 8, nays 
3: 

Yeas - Councilors Feeney, Flaherty, Hennigan, 
Kelly, McDermott, Ross, Scapicchio, Tobin - 8. Nays 
- Councilors Arroyo, Turner, Yancey - 3. 

Councilor Turner asked that Rule 33 would be 
invoked. 



ORDER FOR HEARING TO EXAMINE EFFI- 
CIENCY AND EFFECTIVENESS OF 
GARBAGE AND WASTE REMOVAL 
(DOCKET NO. 1506) 

Councilors McDermott, Flaherty, Tobin, Turner, 
Arroyo, Ross and Feeney offered the following: 

WHEREAS: Sanitation, including the pickup of trash 
and recyclables, is vital to the quality of life in the City 
of Boston; and 

WHEREAS: The City of Boston spends approxi- 
mately $45 million annually on garbage and waste 
removal; and, 

WHEREAS: Several residents have complained that 
trash has littered the streets after garbage pickups; and 

WHEREAS: Many residents have also complained 
that their barrels are thrown during trash pickups caus- 
ing them to break or end up several yards fi"om their 
homes; and, 

WHEREAS: Some residents, especially the elderly, 
have difficulty retrieving these barrels when they are not 
returned to their adjacent sidewalk; Therefore be it, 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to examine the effi- 
ciency and effectiveness of garbage and waste removal 
in the City of Boston. The appropriate committee of the 
Boston City Council shall collect and analyze data in 
order to review trash collection procedures. 
Representatives fi'om Inspectional Services, the Public 
Works Department, waste management companies, and 
other interested parties shall be invited to attend. 

Referred to the Committee on City and 
Neighborhood Services. 



ORDER THAT PURSUANT TO CHAPTER 3 OF 
ACTS OF 2004 THE RESIDENTL\L FACTOR 
IN CITY OF BOSTON FOR FY2005 SHALL 
BE MINIMUM RESIDENTIAL FACTOR AS 
DETERMINED BY COMMISSIONER OF 
REVENUE PURSUANT TO M.G.L. CHAPTER 
58, SECTION lA, AND BE IT FURTHER THAT 
PURSUANT TO CHAPTER 403 OF ACTS OF 
200, RESIDENTIAL EXEMPTION IN 
AMOUNT OF VALUE EQUAL TO THIRTY 
PERCENT (30%) OF AVERAGE ASSESSED 
VALUE OF ALL CLASS ONE-RESIDENTL\L 
PARCELS BE APPROVED FOR FY2005 
(DOCKET NO. 1507) 

Councilor FLAHERTY offered the following: 

Relative to the Adoption of Classification in the 
City of Boston in Fiscal Year 2005 

Whereas, the residents of Boston led the successful 
effort to amend our state Constitution to allow 
Classification for the purpose of taxation; and 



NOVEMBER 17, 2004 



355 



Whereas, Boston was again at the forefront of the 
Legislature's enactment of Chapter 3 of the Acts of 
2004, which mitigates shifts in the property tax burden 
from businesses onto residential taxpayers by expand- 
ing the classification formula limits; and 

Whereas, since adoption of the Constitutional 
Amendment, this Council has established a policy of 
utilizing Classification to tax residential properties at 
the lowest level permitted by state statute; and 

Whereas, the Legislature enacted Chapter 403 of the 
Acts of 2000, the City's home rule petition to increase 
the residential exemption to thirty (30%) of the average 
assessed value of all Class One Residential parcels in 
the City of Boston; and 

Whereas, the Classification policy, and the Council's 
annual action to declare a residential exemption in the 
greatest amount permitted by the General Laws has 
resulted in substantial protection — and substantial sav- 
ings — for both homeovmers and tenants from the 
effects of revaluation; and 

Whereas, action in this regard for Fiscal Year 2005 
must be taken prior to certification of the tax rate by the 
Department of Revenue; therefore be it 

ORDERED: That pursuant to Chapter 3 of the Acts of 
2004, the residential factor in the City of Boston for 
Fiscal Year 2005 shall be the minimum residential fac- 
tor as determined by the Commissioner of Revenue pur- 
suant to Massachusetts General Laws, Chapter 58, 
Section lA; and be it further 

ORDERED: That pursuant to Chapter 403 of the Acts 
of 2000, a residential exemption in the amount of value 
equal to thirty percent (30%) of the average assessed 
value of all Class One-Residential parcels in the City of 
Boston be, and hereby is, approved for Fiscal Year 
2005. 

Referred to the Committee on Ways and Means. 



respond to the concerns of the Friends of the Grove Hall 
Library and their request that their library not be relo- 
cated. 

Referred to the Committee on Education. 



ORDER FOR HEARING TO DISCUSS CONCERNS 
REGARDING PROPOSED RELOCATION TO 
JEREMIAH E. BURKE HIGH SCHOOL 
(DOCKET NO. 1508) 

Councilors TURNER, ARROYO, YANCEY and 
HENNIGAN offered the following: 

Whereas, the Boston Public Library and the Boston 
School Department have proposed to move the Grove 
Hall Library from its present location, across the street 
from Freedom House, into a state of the art library 
planned as part of the renovation ofthe Jeremiah E. 
Burke High School; and 

Whereas, the BPL has said that this relocation will 
enhance the development of the Grove Hall Library by 
affording its more space and more modem equipment; 
and 

Whereas, the Friends of the Grove Hall Library 
(FGHL) who have been working to enhance the Grove 
Hall Library since its erection, are opposed to the relo- 
cation to the Jeremiah E. Burke High School; and 

Whereas, while the FGHL support the development 
of a state of the art library for the students at the Burke 
High School, they believe that relocation will not be in 
the best interests ofthe library's patrons; and 

Whereas, FGHL's concerns include the difficulties 
for their elderly pafrons during emergencies at the 
Burke, security for the elderly patrons in the Grove Hall 
business district near the Burke, and turf issues between 
students from different schools who come to the Burke 
to use the Grove Hall branch and the Burke students; 
Therefore be it 

Ordered, that the appropriate Committee of the 
Boston City Council hold a public hearing and invite 
representatives ofthe Friends ofthe Grove Hall Library 
to discuss their concerns regarding the proposed reloca- 
tion to the Jeremiah E. Burke High School; and Be it 

Ordered, that representatives of the Mayor's Office, 
the Boston Public Library, and the School Department 



ORDER FOR HEARING RE: CAPITAL REPAIR 
AND MAINTENANCE FUNDING NEEDED 
TO REMEDY PROBLEMS IDENTIFIED 
THROUGH AIR QUALITY INSPECTIONS 
AND WHETHER THESE FUNDS WILL BE 
INCLUDED IN BUDGET FOR SCHOOL 
YEAR 2005-2006 (DOCKET NO. 1509) 

Councilors TURNER, ARROYO, YANCEY and 
HENNIGAN offered the following: 

Whereas, the Boston City Council passed an ordi- 
nance sponsored by Councilor Hennigan in 1996, over- 
riding the Mayor's veto, requiring that the City conduct 
twice yearly inspections of every school to determine 
the air quality and identify the presence of mold or other 
environmental hazards; and 

Whereas, the Boston Urban Asthma Coalition 
brought to the City Council in 2002 their concern that 
the inspections were not taking place; and 

Whereas, Council hearings on the issue led to an 
agreement that the Boston Public Health Commission 
and the Boston Public Schools would begin to conduct 
the inspections; and 

Whereas, the Commission also agreed to establish the 
Healthy Schools Task Force, composed of representa- 
tives of the Boston Health Commission, the Boston 
School Department, and the Boston Urban Asthma 
Coalition to oversee the implementation of the inspec- 
tions and necessary remediation; and 

Whereas, inspection reports on each school on the 
Boston Public Schools website for school year 2003- 
2004; and 

Whereas, the inspection reports indicate that remedi- 
ation is necessary in a number of schools; and 

Whereas, there will need to be an allocation of 
resources to the School Department's budget each year 
to remedy problems indicated by the reports. Therefore, 
be it 

Ordered, that the appropriate committee of the City 
Council hold a public hearing and invite representatives 
of the School Department to testily regarding the capi- 
tal repair and maintenance funding needed to remedy 
the problems identified through the air quality inspec- 
tions and whether these funds will be included in the 
budget for school year 2005-2006. 

Referred to the Committee on Education. 



ORDER FOR HEARING RE: ADULT LITERACY 
INITIATIVE (ALI) AND TO DISCUSS POSSI- 
BILITIES OF SECURING FUNDING AND 
RESOURCES NECESSARY TO ELIMINATE 
(ALI) WAITING LIST AND UNMET NEEDS 
(DOCKET NO. 1510) 

Councilors TURNER, ARROYO, YANCEY, and 
HENNIGAN and FEENEY offered the following: 

Whereas, the Adult Literacy Initiative (ALI) was 
launched in 1983 in Boston and nationally; and 

Whereas, ALI's purpose is to provide adults with an 
opportunity to increase their literacy skills and English 
Language Learners to develop proficiency in the use of 
the English language; and 

Whereas, through the acquisition of the above men- 
tioned skills, the participants not only increase their life 
skills but also increase their economic self sufficiency; 
and 

Whereas, Boston's ALI has thirty three members who 
provide adult basic education services to residents 
throughout the City of Boston; and 



356 



CITY COUNCIL 



Whereas, Boston's ALI network is providing adult 
basic education services to residents in the City of 
Boston this year; and 

Whereas, the fact that there are five thousand five 
hundred Boston residents Hsted on the ALI list of those 
awaiting services; and 

Whereas, the large number of Boston residents on the 
ALI waiting list indicates the need for an expansion of 
services; Therefore be it 

Ordered, that the appropriate Committee of the 
Boston City Council hold a public hearing and invite 
representatives of the Adult Literacy Initiative to give 
an overview of the programs that they run throughout 
the City and to outline their views on the unmet need 
including the large number of people on their waiting 
list for services; And be it 

Ordered, that representatives of the Mayor's Office, 
the School Department, the Office of New Bostonians, 
the Economic Development Industrial Commission, and 
the State Department of Education to discuss the possi- 
bilities of securing the ftjnding and resources necessary 
to eliminate the ALI waiting list and unmet needs. 

Referred to the Committee on Education. 



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: 

REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD SERVICES TO 
EXPEND FEDERAL FY2004 SHELTER PLUS 
CARE GRANT OF $7,200,000 (DOCKET NO. 
1354) 

Councilor YANCEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 1354, message of the Mayor 
and order authorizing the Department of Neighborhood 
Services to expend a Federal FY-2004 Shelter Plus Care 
Grant of $72,000,000 (referred October 6, 2004) - rec- 
ommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING DND TO 
EXPEND FEDERAL FY2004 LEAD BASE 
PAINT GRANT OF $4,000,000 (DOCKET NO. 
1355) 

Councilor YANCEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 1355, message of the Mayor 
and order authorizing the DND to expend a Federal 
FY2004 Lead Base Paint Grant (referred October 6, 
2004) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING DND TO 
EXPEND FEDERAL FY2004 LEAD BASE 
PAINT CONTROL GRANT OF $3,000,000 
(DOCKET NO. 1357) 

Councilor YANCEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 1357, message of the Mayor 
and order authorizing the DND to expend a Federal 
FY2004 Lead Base Paint Control Grant (referred 
October 6, 2004) recommending passage of the order. 

The report was accepted; the order was passed. 



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

Councilor Tobin: Congratulating Walter McCarty. 
(Docket No, 1511); Congratulating 13 persons on 
receiving the Henry L Shattuck Young Leader Award. 
(Docket No. 1512) 

Councilor Turner: Congratulating Reverend Carl B. 
Thompson, (Docket No. 1513); Congratulating Mrs. 
Elva Abdal-Khallaq and Family. (Docket No. 1514) 
Congratulating A Nubian Notion. (Docket No. 1515) 

Councilor Ross: Declaring November 6, 2004 as Paul 
Hamilton Day. (Docket No. 1516) Councilor Feeney: 
Congratulating Shaun O'Sullivan. (Docket No. 1517) 

Councilors Yancey, Turner, Arroyo and Hermigan: 
Congratulating Mukiya Baker-Gomez (Docket No. 
1518); Congratulating Meizhu Lui (Docket No, 1519) 
Congratulating Joseph M, Leavey. (Docket No. 1520) 

Councilors Turner and Arroyo: Congratulating 
Frederick Gabrial (Docket No. 1521) Councilor Kelly: 
Congratulating Frank Szymczyk. (Docket No. 1 522) 

Councilor Scapicchio: Congratulating Lisa 
Capogreco. (Docket No, 1523) 

Councilor Arroyo, Turner, Yancey and Hennigan: 
Congratulating Rev. Dr. Gregory G. Grover, Sr. 
(Docket No. 1524) 

Councilor Tobin: Congratulating Curt and Shonda 
Schilling. (Docket No, 1525) 

Councilors Arroyo, Tobin, Hennigan and Turner: 
Congratulating Urban Edge (Docket No. 1538) 

Councilors Feeney and Yancey: Congratulating 8 
persons on the 2004 Hidden Heroes Award, (Docket 
No, 1526) 

Councilors Arroyo, Hennigan, Turner and Yancey: 
Congratulating Boston Senior Home Care, (Docket No. 
1527) 

Councilors Turner, Yancey, Arroyo and Hennigan: 
Recognizing 12 persons from the Boston Urban Asthma 
Coalition & the Healthy Schools Committee (Docket 
No, 1528) 

Congratulating Dr. Jalal Ghaemghami. (Docket No. 
1529) Congratulating Dr. Linda Grant (Docket No. 
1530) 

Congratulating Nancy Sullivan, RN, NP. (Docket No, 
1531) 

Councilor Tobin: Congratulating Joseph M. Leavey 
(Docket No, 1532); Congratulating Meizhu Lui (Docket 
No. 1533) Congratulating Mukiya Baker-Gomez 
(Docket No. 1534) Congratulating Christina McCourt 
(Docket No, 1535) 

Congratulating the Weld Farm Neighborhood Civic 
Association (Docket No, 1536) 

Councilor McDermott: Congratulating liana 
Alessandra Schneider and Charles Andrew Reich 
(Docket No. 1537) 

The Chair states 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: 

Councilors Yancey, Turner, Arroyo and Hermigan: 
Congratulating Fran Froelich (Docket No. 1539) 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that the Council 
adjourn today in memory of Patricia Egan and Dick 
Melling and a Happy Thanksgiving to all and to meet 
again on Wednesday, December 1. 2004 at 1 1:30 a.m. 

The motion was carried. 



NOVEMBER 17, 2004 357 



Adjourned at 3:20 p.m. on motion of President FLA- 
HERTY to meet again on Wednesday, December I, 
2004 at 11:30 a.m. 



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



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358 CITY COUNCIL 



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359 CITY COUNCIL 



NOVEMBER 17, 2004 ^ 



CITY COUNCIL 



361 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, December 1 , 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:45 
a.m.. President Flaherty in the Chair. 



INVOCATION 



Reverend Paul Ring, St. Mark's Church, delivered the 
invocation and the meeting was opened with the pledge of 
allegiance to the flag. 



PRESENTATION BY COUNCILOR ARROYO 



The following was received: 

City of Boston 
Office of the Mayor 

November 24, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a Home Rule Petition to repeal a 
1675 law that was originally passed to prohibit indige- 
nous peoples from entering the city of Boston in the wake 
of King Phillip's War. 

Although not enforced for centuries and posing no 
actual threat to Native Americans today, the Indian Im- 
prisonment Act of 1675 has never been formally wiped 
from the books. 

I believe the time has come to formally repeal this ves- 
tige of the colonial past as Boston has become an inclu- 
sive City that celebrates the diversity of all its people. 

I urge your Honorable Body to pass this measure at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



Councilor ARROYO presented resolutions to children 
for participating in Project STRIVE and for their hard 
work recycling at City Hall. 



PETITION FOR A SPECIAL LAW TO REPEAL THE 

1675 LAW ENTITLED "INDIANS PROHIBITED 

BEING IN BOSTON" 



VISITORS TO CITY HALL 

Three Irish businessmen fi^om Limerick County pre- 
sented President Flaherty a gift of Waterford Crystal. 



PRESENTATION BY PRESIDENT FLAHERTY 

President Flaherty presented resolutions to workers 
from the Massachusetts Aids Action Committee who 
were celebrating World Aids Day. 



RESOLUTION SUPPORTING AIDS ACTION COM- 
MITTEE OF MASSACHUSETTS AND THEIR 
MISSION TO STOP THE HIV/AIDS EPIDEMIC 
(DOCKET NO. 1565) 

On motion of Councilor FLAHERTY, Docket No. 
1 565 was taken out of order. Councilor FLAHERTY of- 
fered the following: 

WHEREAS: For twenty years, the AIDS Action Com- 
mittee of Massachusetts has provided support services for 
people living with AIDS and HIV; educated the public 
and health professionals about how to prevent HIV trans- 
mission; and advocated for fair and effective AIDS policy 
at the city, state and federal level; and 

WHEREAS: Today - Wednesday, December 1st 2004 
- is World AIDS Day, which is an international AIDS 
awareness day that celebrates progress made in the battle 
against the epidemic and brings into focus remaining 
challenges; Therefore be it 

RESOLVED: That the Boston City Council goes on re- 
cord in support of AIDS Action Committee of Massachu- 
setts and their mission to stop the HIV/ AIDS epidemic by 
preventing new infections and optimizing the health of 
those already infected. 

On motion of Councilor FLAHERTY, the rules 
were suspended; the resolution was adopted. 



ORDER APPROVING PETITION FOR SPECIAL LAW 
TO REPEAL 1675 LAW ENTITLED "INDIANS 
PROHIBITED BEING IN BOSTON (DOCKET 
NO. 1540) 



ORDERED:- That a petition to the General Court, ac- 
companied by a bill for a special law relating to the City 
of Boston to be filed with an attested copy of this order 
be, and hereby is, approved under Clause ( 1 ) of Section 
eight of Article two, as amended, of the Amendments to 
the Constitution of the Commonwealth of Massachusetts, 
to the end that legislation be adopted providing precisely 
as follows, except for clerical or editorial changes of form 
only:- 

The Act entitled "Indians Prohibited being in Boston" 
of the Laws & Orders made at the sessions of the Gen- 
eral Court held at Boston the 13th of October, 1675, also 
known as the Indian Imprisonment Act of 1675, is hereby 
repealed. 

On motion of councilor Arroyo and by unanimous 
consent, tlie rules were suspended; the order was 
passed. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $11,500 FROM COMMON- 
WEALTH OF MASSACHUSETTS EMERGENCY 
MANAGEMENT AGENCY (MEM A) FFY03, 
COMMUNITY EMERGENCY RESPONSE 
TEAM (CERT) PROGRAM TO BUILD COM- 
MUNITY READINESS AND PREPAREDNESS 
FOR DISASTER EMPOWERING CITIZENS TO 
MAKE THEIR COMMUNITIES SAFER (DOCK- 
ET NO. 1541) 

The following was received: 

City of Boston 
Office of the Mayor 

November 12, 2004 
To the City Council 

Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of Eleven Thousand Five Hundred Dollars 
($11,500.00) in the form of a Commonwealth of Mas- 
sachusetts Emergency Management Agency (MEMA) 
FFY03 Community Emergency Response Team (CERT) 
Program award to the City of Boston and to be adminis- 
tered by the Mayor's Office of Homeland Security. The 
program serves to build community readiness and pre- 
paredness for a disaster, empowering citizens to make 
their communities safer. 

I urge your Honorable Body to adopt this order as soon 
as possible so that the City of Boston may accept the 



362 



CITY COUNCIL 



funds expeditiously and expend them for the purposes for 
which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

MAYOR'S OFFICE OF HOMELAND SECURITY TO 

ACCEPT AND EXPEND THE CITY OF BOSTON'S 

FFY2003 C.E.R.T PROGRAM FUNDS AWARDED 

BY THE COMMONWEALTH OF MASSACHUSETTS 

EMERGENCY MANAGEMENT AGENCY 

ORDERED: That the Mayor, acting on behalf of the 
City of Boston and pursuant to the authority granted to 
him under G.L. c. 44, § 53A, be, and is hereby autho- 
rized to accept and expend the Massachusetts Emergency 
Management Agency's Community Emergency Re- 
sponse Team Program award, not to exceed the amount of 
ELEVEN THOUSAND FIVE HUNDRED DOLLARS 
($11,500.00), to be administered by the Mayor's Office 
of Homeland Security to support the Community Emer- 
gency Response Team Program in building community 
readiness and preparedness for a disaster, and empower- 
ing residents of the City of Boston. 

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



ORDER APPROVING TRANSFER OF 351 SQUARE 
FEET OF SURFACE RIGHTS UNDER CON- 
TROL OF PUBLIC IMPROVEMENT COMMIS- 
SION (PLC.) FROM PURPOSE OF DISCONTIN- 
UED STREET PARCEL TO SALE PARCEL AND 
AUTHORIZING SALE OF SUCH SURFACE 
RIGHTS LOCATED ON BENNINGTON STREET, 
EAST BOSTON (DOCKET NO. 1542) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring 351 square feet of surface rights under the con- 
trol of the Public Improvement Commission (PLC.) from 
purpose of discontinued street parcel to sale parcel and 
authorizing the sale of such surface rights located on Ben- 
nington Street, East Boston, MA. 

That portion of Bermington Street shown on a plan of 
land entitled "City of Boston, Public Works Department, 
Engineering Division, Discontinued Plan, Bermington 
Street, East Boston, MA" was discontinued by vote of 
the PLC. on October 28, 2004. The PLC. has determined 
that these surface rights are no longer needed for high- 
way purposes. This Order also provides for the sale of the 
parcel. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G.L. c. 40, § 15 A, that 
portion of Bennington Street discontinued by vote of the 
Public Improvement Commission on October 28, 2004, 
and shown on a plan of land entitled "City of Boston, 
Public Works Department, Engineering Division, Discon- 
tinued Plan, Bennington Street, East Boston, MA" shall 
be, and the same hereby is, transferred fi-om purpose of 
discontinued street parcel to sale parcel. 

IT IS FURTHER ORDERED: That the Mayor, acting 
on behalf of the Public Improvement Commission and 
pursuant to the authority granted to him under St. 1948, 
c. 452 § 17E, as amended by St. 1966 c. 642, § 14, be, 
and is hereby authorized to convey said surface rights by 
a Release Deed, in form satisfactory to the Corporation 



Counsel, those portions of Bennington Street discontin- 
ued by vote of the Public Improvement Commission on 
October 28, 2004, and shown on a plan of land entitled 
"City of Boston, Public Works Department, Engineer- 
ing Division, Discontinued Plan, Bennington Street, East 
Boston, MA." 

Referred to the Committee on Aviation and Trans- 
portation. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1543) 

The Constables Bonds of Lizzie Baker, Allen A. Curry, 
Bermy J. Edge and William Kilgo, Jr., having been duly 
approved by the Collector-Treasurer were received. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND SUPPLEMENTAL GRANT 
OF $10,000 FROM COMMONWEALTH OF 
MASSACHUSETTS, DEPARTMENT OF PUBLIC 
HEALTH, TO COMPLETE RESEARCH PROJECT 
AND ESTABLISHMENT OF VIOLENT DEATH 
REPORTING SYSTEM (DOCKET NO. 1235) 

Councilor CONSALVO, on behalf of the Health and 
Human Services, submitted the following: 

Report on Docket No. 1235, message of the Mayor and 
order authorizing the City to accept and expend a sup- 
plemental grant of $10,000 from the Conmionwealth of 
Massachusetts, Department of Public Health, to complete 
the research project and establishment of a Violent Death 
Reporting System (referred September 1 ) recommending 
passage of the order. 

On motion of Councilor CONSALVO, the report 
was accepted; the order was passed. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
IMPLEMENTATION AND ASSIGNMENT PRO- 
CESS OF SHELTERED ENGLISH IMMERSION 
PROGRAMS (DOCKET NO. 1266) 

Councilor TOBIN on behalf-of the Committee on Edu- 
cation and School-Matters, submitted the following: 

Report on Docket No. 1266. order for a hearing to dis- 
cuss the implementation and assignment process of the 
Sheltered English Immersion programs (referred Sep- 
tember 1 ) recommending the order ought to be placed on 
file. 

On motion of Councilor TOBIN, the report was ac- 
cepted; the order was placed on file. 



REPORT ON ORDER FOR HEARING TO REVIEW 
COST AND FEASIBILITY OF IMPLEMENT- 
ING AND INSTALLING GLOBAL POSITION- 
ING SYSTEM ON ENTIRE FLEET OF SCHOOL 
BUSES (DOCKET NO. 1309) 

. Councilor TOBIN, on behalf of the Committee on 
Education and School Matters, submitted the following: 

Report on Docket No. 1309. order for a hearing to re- 
view cost and feasibility of implementing and installing 
a global positioning system on the entire fleet of school 
buses (referred September 22) - recommending the order 
ought to be placed on file. 

On motion of Councilor TOBIN, the report was ac- 
cepted; the order was placed on file. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $15,215,077 
FROM U.S. DEPARTMENT OF HOMELAND SE- 



DECEMBER 1, 2004 



363 



CURITY'S (DHS) OFFICE OF DOMESTIC PRE- 
PAREDNESS FY2004 URBAN AREAS SECURI- 
TY INITIATIVE II (UASI) (DOCKET NO. 1228) 

Councilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1228, message of the Mayor and 
order authorizing the City to accept and expend a grant of 
$15,215,077 from the U.S. Department of Homeland Se- 
curity's (DHS), Office of Domestic Preparedness FY2004 
Urban Areas Security Initiative II (UASI) (referred Sep- 
tember 1 ) - recommending passage of the order. 

On motion of Councilor MURPHY, the report was 
accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND COMMONWEALTH OF 
MASSACHUSETTS FEDERAL FY2004 CITIZEN 
CORPS PROGRAM GRANT OF $197,170 TO 
SUPPORT CITIZEN CORPS COUNCILS WITH 
PLANNING, OUTREACH AND MANAGEMENT 
(DOCKET NO. 1229) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1229, message of the Mayor 
and order authorizing the City to accept and expend the 
Commonwealth of Massachusetts Federal FY2()04 Citi- 
zen Corp Program grant of $197,170 to support citizen 
corps councils with planning, outreach and management 
(referred September 1) - recommending passage of the 
order. 

On motion of Councilor MURPHY, the report was 
accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $6,526,120 
FROM COMMONWEALTH OF MASSACHU- 
SETTS FEDERAL FY2004 STATE HOMELAND 
SECURITY PROGRAM TO ENHANCE CAPA- 
BILITY OF LOCAL UNITS OF GOVERNMENT 
TO PREVENT, DETER, RESPOND TO AND 
RECOVER FROM INCIDENTS OF TERRORISM 
(DOCKET NO. 1230) 

Coimcilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1 230, message of the Mayor and 
order authorizing the City to accept and expend a grant 
of $6,526,120 from the Commonwealth of Massachu- 
setts Federal FY2004 State Homeland Security program 
to enhance the capability of local units of government to 
prevent, deter, respond to and recover from incidents of 
terrorism (referred September 1) - recommending pas- 
sage of the order. 

On motion of Councilor MURPHY, the report was 
accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $2,817,000 
FROM COMMONWEALTH OF MASSACHU- 
SETTS EXECUTIVE OFFICE OF PUBLIC SAFE- 
TY FEDERAL FY2004 LAW ENFORCEMENT 
TERRORISM PREVENTION PROGRAM FOR 
DETECTING, DETERRING, DISRUPTING AND 
PREVENTING ACTS OF TERRORISM (DOCK- 
ET NO. 1231) 

Councilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1231, message of the Mayor and 
order authorizing the City to accept and expend a grant 
of $2,817,000 from the Commonwealth of Massachusetts 
Executive Office of Public Safety Federal FY2004 Law 



Enforcement Terrorism Prevention program for detect- 
ing, deterring, disrupting and preventing acts of terrorism 
(referred September 1 ) - recommending passage of the 
order. 

On motion of Councilor MURPHY, the report was 
accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $12,820 FROM 
COMMONWEALTH OF MASSACHUSETTS 
FEDERAL FY2004 STATE HOMELAND SECU- 
RITY LOCAL PREPAREDNESS TO SUPPORT 
ADMINISTRATIVE NEEDS IDENTIFIED BY 
(MOHS) IN COORDINATING PROJECTS AND 
PROGRAMS THROUGHOUT METRO BOSTON 
HOMELAND SECURITY REGION (DOCKET 
NO. 1232) 

Councilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1232, message of the Mayor and 
order authorizing the City to accept and expend a grant of 
$ 1 2,820 from the Commonwealth of Massachusetts Fed- 
eral FY2004 State Homeland Security Local Preparedness 
to support the administrative needs identified by (MOHS) 
in coordinating projects and programs throughout the 
Metto Boston Homeland Security Region (referred Sep- 
tember 1) - recommending passage of the order. 

On motion of Councilor MURPHY, the report was 
accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
THE APPOINTMENTS OF LEAH N. BETHEA, 
LORRAINE C. BETHEA, MARYANN BOYLE, 
CARAIBEL GALDON, PAUL T SANDERS AND 
STANLEY WASHINGTON AS CONSTABLES 
AUTHORIZED TO SERVE CIVIL PROCESS 
UPON FILING OF THEIR BONDS FOR THE PE- 
RIOD COMMENCING MAY 1, 2004 AND END- 
ING APRIL 30, 2007 (DOCKET NO. 1492) 

Coimcilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1492, message of the Mayor 
and order for confirmation of the appointments of Leah 
N. Bethea, Lorraine C. Bethea, Maryann Boyle, Carai- 
bel Galdon, Paul T. Sanders and Stanley Washington as 
Constables authorized to serve civil process upon filing of 
their bonds for the period commencing May 1 , 2004 and 
ending April 30, 2007 (referred November 17) - recom- 
mending the order ought to be confirmed. 

The report was accepted; the appointments were 
confirmed under usual terms and conditions. 



REPORT ON ORDER FOR CONFIRMATION OF THE 
APPOINTMENTS OF JOSEPH S. HAMELBURG 
AND RAYMOND R. PHOENIX AS CONSTA- 
BLES AUTHORIZED TO SERVE CIVIL PRO- 
CESS UPON FILING OF THEIR BONDS FOR 
THE PERIOD COMMENCING MAY 1, 2004 AND 
ENDING APRIL 30, 2007 (DOCKET NO. 1493) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1493, message of the Mayor and 
order for confirmation of the appointments of Joseph S. 
Hamelburg and Raymond R. Phoenix as Constables au- 
thorized to serve civil process upon filing of their bonds 
for the period commencing May 1 , 2004 and ending April 
30, 2007 (referred November 1 7) - recommending the or- 
der ought to be confirmed. 

The report was accepted; the appointments were 
confirmed under usual terms and conditions. 



364 



CITY COUNCIL 



REPORT ON ORDINANCE ON UNIVERSITY AC- 
COUNTABILITY (DOCKET NO. 1243) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1243, ordinance on University 
Accountability (referred September 1 ) - recommending 
passage of the ordinance in a new draft. 

On motion of Councilor FEENEY, Docket No. 1243 
was remanded back to the Committee on Government 
Operations. 



REPORT ON ORDINANCE RE: IDENTIFYING JACK- 
ETS FOR VALET PARKERS (DOCKET NO. 
0996) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0996, ordinance regarding Iden- 
tifying Jackets for Valet Parkers (referred June 30) - rec- 
ommending passage of the ordinance in a new draft. 

On motion of Councilor FEENEY, the ordinance, in 
the new draft, was passed. 



REPORT ON ORDER FOR HEARING REGARD- 
ING MINI MOTORBIKES AND MOTORIZED 
SCOOTERS (DOCKET NO. 0804) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0804, order for hearing regard- 
ing mini motorbikes and motorized scooters (referred 
May 26) - recommending the order ought to be placed 
on file. 

On motion of Councilor SCAPICCHIO, the order 
was placed on file. 



REPORT ON PETITION OF DOUBLE DECKER BUS 
COMPANY, LLC FOR LICENSE TO OPERATE 
MOTOR VEHICLES FOR CARRIAGE OF PAS- 
SENGERS FOR HIRE OVER CERTAIN STREETS 
IN BOSTON (DOCKET NO. 0241) 

Councilor SCAPICCHIO, on behalf of the Committee 
on Aviation and Transportation, submitted the following: 

Report on Docket No. 0241, petition of Double Decker 
Bus Company, LLC for a license to operate motor ve- 
hicles for the carriage of passengers for hire over certain 
streets in Boston (referred February 4) - recommending 
the order ought to be placed on file. 

On motion of Councilor SCAPICCHIO, the order 
was placed on file. 



REPORT ON PETITION OF DOUBLE DECKER BUS 
COMPANY, LLC FOR LICENSE TO OPERATE 
MOTOR VEHICLES FOR CARRIAGE OF PAS- 
SENGERS FOR HIRE OVER CERTAIN STREETS 
IN BOSTON (DOCKET NO. 0242) 

Councilor SCAPICCHIO, on behalf of the Committee 
on Aviation and Transportation, submitted the following: 

Report on Docket No. 0242, petition of Double Decker 
Bus Company, LLC for a license to operate motor ve- 
hicles for the carriage of passengers for hire over certain 
streets in Boston (referred February 4) - recommending 
the order ought to be placed on file. 

On motion of Councilor SCAPICCHIO, the order 
was placed on file. 



REPORT ON PETITION OF MITCH AND MITCH 
FOR LICENSE TO OPERATE MOTOR VEHI- 
CLES FOR CARRIAGE OF PASSENGERS FOR 
HIRE OVER CERTAIN STREETS IN BOSTON 
(DOCKET NO. 0881) 

Councilor SCAPICCHIO, on behalf of the Committee 
on Aviation and Transportation, submitted the following: 

Report on Docket No. 0881, petition of Mitch and 
Mitch for a license to operate motor vehicles for the car- 
riage of passengers for hire over certain streets in Boston 
(referred June 16) - recommending the order ought to be 
placed on file. 

On motion of Councilor SCAPICCHIO, the order 
was placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1544) 

Councilor Michael F. Flaherty (Councilor James Kelly) 
Ordered: That effective Saturday, December 4, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, December 
10, 2004: 

Janet M. Doherty Secretary 1,509.50 part time 
Annmarie Geary Secretary 1,443.40 part time 
Carolyn Geary Administrative Asst. 2,632.88 full time 
Paul J. Walkowski Administrative Asst. 2,304.72 full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1545) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Janet M. Doherty Secretary 403.50 part time 
Annmarie Geary Secretary 343.40 part time 
Carolyn Geary Administrative Asst. 1,082.88 full time 
Paul J. Walkowski Administrative Asst. 1,054.72 ftiU 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1546) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 1 0, 2004: 
Calvin Feliciano Secretary 1,480.77 full time 
Lorraine E. Fowlkes Secretary 1,942.31 full time 
Paulette L. Tillery Secretary 1,519.24 ftill time 
Angela S. Yarde Administrative Asst. 1,923.08 full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1547) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Calvin Feliciano Secretary 1,480.77 full time 
Lorraine E. Fowlkes Secretary 1,942.31 full time 
Paulette L. Tillery Secretary 1,519.24 full time 
Angela S. Yarde Administrative Asst. 1,923.08 full 
time 



DECEMBER 1, 2004 



365 



Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1548) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Edith Monroe Administrative Asst. 1 80.00 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1549) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 
Karen A. Chacon Secretary 2,173.08 full time 
Jerome Smith Administrative Asst. 2,653.85 full time 
Sita M. Smith Secretary 2,173.08 full time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1550) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Karen A. Chacon Secretary 673.08 fiill time 
Jerome Smith Administrative Asst. 1,153.85 full time 
Sita M. Smith Secretary 673.08 flill time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1551) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 
Samuel S. Conti Secretary 825.00 full time 
Bemadette Lally Secretary 650.00 part time 
Thomas M. McDonough Administrative Asst. 950.00 
full time 

Kenneth R. Weiand Secretary 750.00 part time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1552) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 
Samuel S. Conti Secretary 575.00 full time 
Bemadette Lally Administative Asst. 400.00 part time 
Thomas M. McDonough Administrative Asst. 700.00 
full time 

Kenneth R. Weiand Secretary 500.00 part time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1553) 

Councilor Michael F. Flaherty Ordered: That effective 



Thursday, November 25, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Andrew Kenneally Secretary 1 ,000.00 full time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1554) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 1 0, 2004: 

William P. Doherty Administrative Asst. 4,044.87 full 
time 

Melissa A. Finn Administrative Asst. 2,462.00 part 
time 

Robert J. Noto, Jr. Administrative Asst. 2,865.39 full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1555) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

William R Doherty Administrative Asst. 1,044.87 full 
time 

Melissa A. Finn Administrative Asst. 462.00 part time 

Robert J. Noto, Jr. Administrative Asst. 865.39 full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1556) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 
Virgenmina Cosme Secretary 873.08 fiill time 
Kyle R. Robidoux Secretary 873.08 full time 
Danielle R. Williams Secretary 930.77 full time 
James R. Willmuth Secretary 1,065.39 full time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1557) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Virgenmina Cosme Secretary 673.08 fijU time 
Kyle R. Robidoux Secretary 673.08 full time 
Danielle R. Williams Secretary 730.77 full time 
James R. Willmuth Secretary 865.39 full time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1558) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

John A. Bruno Secretary 200.00 full time 

Passed under suspension of the rules. 



366 



CITY COUNCIL 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1559) 

Councilor Michael F. Flaherty Ordered; That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Rima Knasas Secretary 120.00 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1560) 

Councilor Michael F Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 

Andrius B. Kjiasas Administrative Asst. 1,865.39 fiill 
time 

Deirdre McDermott Secretary 1,1 15.39 ftill time 

Irene M. Smith Administrative Asst. 2,057.70 full 
time 

Constance Sullivan Administrative Asst. 672.42 part 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1561) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Andrius B. Knasas Administrative Asst. 865.39 fiill 
time 

Deirdre McDermott Secretary 615.39 fiiU time 

Irene M. Smith Administrative Asst. 1,057.70 full 
time 

Constance Sullivan Administrative Asst. 172.42 part 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1562) 

Councilor Michael F Flaherty Ordered: That effective 
Saturday, November 13, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 5, 2004: 

Louis Elisa Administrative Asst. 500.00 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1563) 

Councilor Michael F Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 

Elaine J. Gowdy Administrative Asst. 1,519.24 fiill 
time 

David B. Isberg Administrative Asst. 2,250.00 fiill 
time 

Robert Orthman Secretary 826.92 full time 

Elizabeth Sullivan Secretary 500.00 part time 

Passed under suspension of the rules. 



(DOCKET NO. 1564) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 5, 2005: 

Elaine J. Gowdy Administrative Asst. 769.24 full time 
David B. Isberg Administrative Asst. 1,250.00 ftiU 
time 

Robert Orthman Secretary 576.92 full time 
Elizabeth Sullivan Secretary 250.00 part time 
Passed under suspension of the rules. 



LATE-FILED MATTERS 

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

No objection being heard, the following matters were 
added: 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1585) 

Councilor Michael F Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Carol Mullen-Maguire Secretary 769.24 full time 

Mary D. Regan Administrative Asst. 692.31 fiill time 

Passed under suspension of the rules. 



ORDER FOR HEARING TO ADDRESS NEED OF FLU 
SHOT FOR HOMEBOUND RESIDENTS (DOCK- 
ET NO. 1586) 

Councilor HENNIGAN offered the following: 

WHEREAS: The Boston Public Health Commission 
and The City of Boston announced emergency regula- 
tions to protect the public health during the flu season. 
The regulation is a six months plan to regulate the distri- 
bution of the vaccine; and 

WHEREAS: There are many homebound people in 
the City Of Boston including the elderly and those home- 
bound patients being treated for illnesses that might com- 
promise their immune system if they get influenza, and 
are unable to leave their homes; and 

WHEREAS: It was reported by the City of Boston 
Health Commission that the influenza kills 36,000 people 
annually in the United States and accounts for more than 
200,000 hospitalizations each year among vulnerable 
populations such as pregnant women, children, the elder- 
ly, and people with chronic medical conditions; and 

WHEREAS: For some of these homebound residents 
leaving their homes is extremely difficult and represents a 
risk by itself; therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council holds a hearing to discuss the proce- 
dures that are being taken by the City of Boston and the 
Public Health Commission to address the needs of these 
at risk homebound residents. And discuss the possibility 
of delivering the vaccine to their homes. 

ORDERED: That the representatives from the Boston 
Health Commission, The Commission on Affairs of the 
Elderly, the Visiting Nurse Association and the general 
public be invited to participate. 

Referred to the Committee on Health and Human 
Services. 



APPOINTMENT OF TEMPORARY EMPLOYEE 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: SCHOOL YEAR 
2003-2004 (DOCKET NO. 1587) 



DECEMBER 1, 2004 



367 



Councilor TURNER offered the following: 
ORDERED: That, under the provisions of Section i7F 
of Chapter 452 of the Acts of 1948 as amended by Sec- 
tion 1 of Chapter 376 of the Acts of 1 95 1 , and under any 
other applicable provision of law. His Honor, the Mayor, 
is hereby requested to obtain and deliver to the City Coun- 
cil, within one week of the receipt hereof, the following 
information: 

For School Year 2003-2004 

a) School Bus Drivers' Incident Reports; 

b) Defective Vehicle Check Reports; 

c) Route Problem Forms; 

d) Radio Defect Reports; and 

e) Vendor agreements between the School Department 
and bus companies providing services for athletic events 

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



Hearing no objection, the matter was before the body. 
On motion of Councilor MURPHY, the rules were 
suspended; the order was passed. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1558) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 4, 2004, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, December 10, 2004: 

Lynnette M. Frazier Administrative Asst. 1,661.54 full 
time 

Kenneth W. Yarbrough Secretary 1,216.09 part time 

Louis Elisa Secretary 500.00 part time 

Marydith Tuitt Secretary 690.00 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1589) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2005: 

Lynnette M. Frazier Administrative Asst. 961.54 fiiU 
time 

Kenneth W. Yarbrough Secretary 716.09 fiill time 

Louis Elisa Secretary 500.00 part time 

Marydith Tuitt Secretary 390.00 part time 

Passed under suspension of the rules. 



RESOLUTION THAT COUNCIL STRONGLY URGES 
SCHOOL DEPARTMENT AND SCHOOL COM- 
MITTEE TO INSTALL GLOBAL POSITIONING 
SYSTEM ON ENTIRE FLEET OF BOSTON PUB- 
LIC SCHOOL BUSES (DOCKET NO. 1505) 

Councilor TOBfN called Docket No. 1505 from the 
Committee on Education and School Matters. 

Hearing no objection, the matter was before the body. 

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

Councilors MURPHY, CONSALVO, FEENEY, KEL- 
LY, MCDERMOTT, MURPHY, ROSS, SCAPICCHIO, 
FLAHERTY asked to be added as supporting the resolu- 
tion. 



ORDER AUTHORIZING SHERIFF OF SUFFOLK 
COUNTY TO ACCEPT AND EXPEND GRANT 
OF $966,753 FROM U.S. DEPARTMENT OF ED- 
UCATION TO FUND LIFE SKILLS FOR STATE 
AND LOCAL PRISONERS (CREW) (DOCKET 
NO. 1488) 

Councilor MURPHY called Docket No. 1488 from the 
Committee on Public Safety. 



ORDER FOR LOAN OF $70,000,000 FOR PLANNING, 
DESIGNING, ACQUIRING LAND FOR, CON- 
STRUCTING AND ORIGINALLY EQUIPPING 
STRUCTURES AND FACILITIES AND FOR 
REMODELING, RECONSTRUCTING OR MAK- 
ING MAJOR ALTERATIONS, ADDITIONS AND 
MAJOR REPAIRS TO EXISTING FACILITIES 
INCLUDING ORIGINAL EQUIPMENT AND 
LANDSCAPING FNCLUDING THE PLANTING 
OF SHADE TREES, PAVING AND OTHER SITE 
IMPROVEMENTS INCIDENTAL OR DIRECTLY 
RELATED TO SUCH REMODELING, RECON- 
STRUCTION OR REPAIR FOR PURPOSES OF 
SCHOOL DEPARTMENT (DOCKET NO. 0264) 

Councilor YANCEY called Docket No. 0264 from the 
Committee on Ways and Means. 

Hearing an objection and following Rule 24, the matter 
was voted on by the body. 

Having received 8 votes in the affirmative, the matter 
was before the body: 

Yeas - Councilors Arroyo, Consalvo, Hennigan, Mc- 
Dermott, Scapicchio, Tobin, TXirner, Yancey - 8. Nays - 
Councilors Feeney, Flaherty, Kelly, Murphy, Ross - 5. 

Councilor Yancey moved for a first reading. 

The motion did not prevail and was assigned to the 
Committee on Ways and Means; yeas 4, nays 8: 

Yeas - Councilors Arroyo, Hennigan, Turner, Yancey 
-4. 

Nays - Councilors Consalvo, Feeney, Flaherty, Kelly, 
McDermott, Murphy, Ross, Tobin - 8. 



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 Coimcilor's name: 

Councilors Turner, Yancey, Arroyo and Hennigan: Con- 
gratulating Mary White (Docket No. 1566); Congratulat- 
ing the Boston Urban Asthma Coalition and the Health 
Schools Committee (Docket No. 1567). 

Councilor Flaherty: Congratulating Cynthia Neely 
(Docket No. 1568); Congratulating Clementina M. Chery 
(Docket No. 1569). 

Councilor Feeney: Congratulating Ms. Carolyn Ro- 
chalski (Docket No. 1570); Congratulating Sisters of 
Notre Dame De Namur (Docket No. 1571). 

Councilor Ross: Congratulating the Arlington Street 
Church on its 275th Aimiversary and Rededication 
(Docket No. 1572). 

Councilor Yancey: Congratulating Hip Zepi USA 
(Docket No. 1573). 

Councilor Scapicchio: Congratulating 9 persons on 
receiving the prestigious 2004 North End Against Drugs 
Andy Puopolo Youth Award (Docket No. 1 574). 

Councilor Kelly: Congratulating BDr. C.K. Liu (Dock- 
et No. 1575). 

Councilor Ross: Congratulating the Jewish Commu- 
nity Relations Council of Greater Boston (Docket No. 
1576). 

Councilors Yancey, Turner, Arroyo and Hennigan: Con- 
gratulating Unity and Cultural Association (Docket No. 
1577); Congratulating Mattapan Center for Life (Docket 
No. 1578); Congratulating Ralph Cooper and Veterans 
Benefits Clearing (Docket No. 1579). 

Councilor Feeney: Congratulating Edward and Mary 
Feeney (Docket No. 1580). 

Councilor Turner: Congratulating Pauline Whitley 
(Docket No. 1581). 

Councilor Feeney and Yancey: Congratulating Terica 
Wright (Docket No. 1582). 



368 CITY COUNCIL 



« 



Councilors Arroyo for all Councilors: Congratulating 
45 persons for participating in Project STRIVE and the 
hard work recycling at City Hall (Docket No. 1583). 

Councilor Tobin: Congratulating Josie Fahy (Docket 
No. 1584). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

Adjourned at 1:50 p.m. on motion of the Chair and 
in memory of Timothy Cronin, Sister Marie deLourdes, 
Dorthoy Egan and Mr. Farmer to meet again on Wednes- 
day, December 8, 2004 at 1 1 :30 a.m. 



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



CITY COUNCIL 



369 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, December 8, 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 12:05 
p.m.. President Flaherty in the Chair. 



INVOCATION 



Rabbi Dan Rodkin, Jewish Russian Center & Syna- 
gogue, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $540,958 
FROM UNITED STATES DEPARTMENT OF 
JUSTICE, BUREAU OF JUSTICE ASSISTANCE, 
TO SUPPORT VARIOUS CRIME PREVENTION 
AND LAW ENFORCEMENT INITIATIVES 
ACROSS CITY (DOCKET NO. 1590) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Council 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $540,958.00 in the form of a United States 
Department of Justice, Bureau of Justice Assistance, 
FY04 Local Law Enforcement Block Grant. This funding 
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 
funds expeditiously and expend them for the purposes for 
which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO ACCEPT AND EXPEND THE FY04 LOCAL LAW 

ENFORCEMENT BLOCK GRANT, AWARDED BY 

THE UNITED STATES DEPARTMENT OF JUSTICE 

BUREAU OF JUSTICE ASSISTANCE 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to Section 53 A of Chapter 44 of the Massachu- 
setts General Laws, to accept and expend the award of 
the United States Department of Justice, Bureau of Jus- 
tice Assistance, not to exceed the amoimt of Five Hun- 
dred Forty Thousand Nine Hundred Fifty Eight Dollars 
($540,958.00). 

Referred to the Committee on Public Safety. 



ORDER APPROVING APPROPRIATION OF $500,000 
FROM CEMETERY TRUST FUND FOR CEME- 
TERY DIVISION OF PARKS AND RECREATION 
DEPARTMENT TO BE EXPENDED FOR EX- 
PANSION AND IMPROVEMENT OF MT HOPE 
CEMETERY (DOCKET NO. 1591) 

The following was received: 

City of Boston 



Office of the Mayor 

November 30, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith for your approval an order appro- 
priating Five Hundred Thousand Dollars ($500,000.00) 
for the Cemetery Division of the Parks and Recreation 
Department to be funded from the Cemetery Trust Fund 
established under Chapter 13 of the Acts of 1961. The 
fiinds are to be expended for the expansion and improve- 
ment of Mt. Hope Cemetery. 

1 urge your Honorable Body to pass this order as ex- 
peditiously as possible so that the Cemetery Division can 
continue its important work. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER RELATIVE TO THE EXPANSION AND 
IMPROVEMENT OF MT HOPE CEMETERY 

ORDERED: That, pursuant to Chapter 13 of the Acts 
of 1961, the sum of FIVE HUNDRED THOUSAND 
DOLLARS ($500,000.00) be, and the same hereby is, ap- 
propriated from the Cemetery Trust Fund to be expended 
at the direction of the Commissioner of Parks and Rec- 
reation for the expansion and improvement of Mt. Hope 
Cemetery. 

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



ORDER AUTHORIZING POLICE COMMISSION- 
ER TO ACCEPT AND EXPEND GRANT OF 
$84,999.75 FROM EXECUTIVE OFFICE OF 
PUBLIC SAFETY FOR POLICE IDENTIFICA- 
TION AND PHOTOGRAPHY UNIT (DOCKET 
NO. 1592) 

The following was received: 

City of Boston 
Office of the Mayor 

November 16, 2004 
To the City Coimcil 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $84,999.75 from the Executive Office of 
Public Safety, Edward Byrne Memorial State and Local 
Law Enforcement Assistance Formula Grant, for the Bos- 
ton Police Identification and Photography Unit to receive 
contracted services in order to assess needs of its latent 
print unit in preparation for accreditation, as well as to 
improve Crime Scene Response. 

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 purposes for 
which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOS- 
TON TO ACCEPT AND EXPEND EDWARD BYRNE 
MEMORIAL STATE AND LOCAL LAW ENFORCE- 
MENT ASSISTANCE FORMULA GRANT FUNDS 
AWARDED BY THE MASSACHUSETTS EXECU- 
TIVE OFFICE OF PUBLIC SAFETY 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to Section 53 A of Chapter 44 of the Massachu- 
setts General Laws, to accept and expend the award of 
the Commonwealth of Massachusetts, Executive Office 
of Public Safety Programs Division, not to exceed the 
amount of Eighty Four Thousand Nine Hundred Ninety 



370 



CITY COUNCIL 



Nine Dollars and Seventy Five Cents ($84,999.75) 
Referred to the Committee on Public Safety. 



for a term expiring October 1, 2007 
Placed on file. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1593) 

The Constables Bonds of Guerline Berthold and Cesar 
Franck, having been duly approved by the Collector-Trea- 
surer were received and approved. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF ANDREA TAAFFE AS MEMBER OF 
CULTURAL COUNCIL FOR A TERM EXPIRING 
OCTOBER 1, 2007 (DOCKET NO. 1594) 

Notice was received firom the Mayor of the appoint- 
ment of Andrea Taaffe as a member of the Cultural Coun- 
cil for a term expiring October 1 , 2007 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF SAM YIN AS MEMBER OF CULTUR- 
AL COUNCIL FOR A TERM EXPIRING OCTO- 
BER 1, 2007 (DOCKET NO. 1595) 

Notice was received from the Mayor of the appoint- 
ment of Sam Yin as a member of the Cultural Council for 
a term expiring October 1 , 2007 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF LAURA SOUL BROWN AS MEMBER 
OF CULTURAL COUNCIL FOR A TERM EXPIR- 
ING OCTOBER 1, 2007 (DOCKET NO. 1596) 

Notice was received from the Mayor of the appoint- 
ment of Laura Soul Brown as a member of the Cultural 
Council for a term expiring October 1, 2007 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF LIZ CARNEY AS MEMBER OF CUL- 
TURAL COUNCIL FOR A TERM EXPIRING OC- 
TOBER 1, 2007 (DOCKET NO. 1597) 

Notice was received from the Mayor of the appoint- 
ment of Liz Carney as a member of the Cultural Council 
for a term expiring October 1 , 2007 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF CRAIG BAILEY AS MEMBER OF 
CULTURAL COUNCIL FOR A TERM EXPIRING 
OCTOBER 1, 2007 (DOCKET NO. 1598) 

Notice was received from the Mayor of the appoint- 
ment of Craig Bailey as a member of the Cultural Council 
for a term expiring October 1 , 2007 

Placed on file. 



NOTICE RECEFVED FROM MAYOR OF APPOINT- 
MENT OF ANNE LILLY AS MEMBER OF CUL- 
TURAL COUNCIL FOR A TERM EXPIRING OC- 
TOBER 1, 2007 (DOCKET NO. 1599) 

Notice was received from the Mayor of the appoint- 
ment of Anne Lilly as a member of the Cultural Council 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE OF 
1979 RE: ACTIONS TAKEN BY MAYOR ON PA- 
PERS ACTED UPON BY CITY COUNCIL AT ITS 
NOVEMBER 3, 2004 MEETING (DOCKET NO. 
1600) 

The following was received: 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 3, 2004 VIZ. 

1438 Order approving a supplemental appropriation 
of $495,378.00 for the Collective Bargaining Reserve for 
FY05, to cover the cost of collective bargaining agree- 
ments previously approved and funded through reserve 
transfers. 

Approved by the Mayor on November 15, 2004. 

1458 Order approving a petition for a special law to 
restore Boston's Govemmentally- Involved Housing Pro- 
tection. 

Approved by the Mayor on November 29, 2004. 

1467 Order approving a supplemental appropriation of 
$27,460.00 for the Graphic Arts and Police Departments 
for FY05, to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Boston Typographical Union, Local 13. 

Approved by the Mayor on November 1 5, 2004. 



Placed on file. 



Rosaria Salerno, 
City Clerk. 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE OF 
1979 RE: ACTIONS TAKEN BY MAYOR ON PA- 
PERS ACTED UPON BY CITY COUNCIL AT ITS 
NOVEMBER 17, 2004 MEETING 

The following was received: 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1 979, I 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 17, 2004 VIZ. 

1354 Order authorizing the Department of Neighbor- 
hood Development to expend a Federal FY2004 Shelter 
Plus Care Grant of $7,200,000.00 from the United States 
Department of Housing and Urban Development (HUD). 

Approved by the Mayor on November 22, 2004. 

1355 Order authorizing the Department of Neighbor- 
hood Development to expend a Federal FY2004 Lead- 
Based Paint Hazard Reduction Demonstration Grant of 
$4,000,000.00 from the United States Department of 
Housing and Urban Development (HUD). 

Approved by the Mayor on November 22, 2004. 

1357 Order authorizing the Department of Neighbor- 
hood Development to expend a Federal FY2004 Lead- 
Based Paint Hazard Control Grant of $3,000,000.00 from 
the United States Department of Housing and Urban De- 
velopment (HUD). 

Approved by the Mayor on November 22, 2004. 

1401 Ordinance regarding the impoundment of ve- 



DECEMBER 8, 2004 



371 



hides involved in solicitation/prostitution. 

Approved by the Mayor on November 22, 2004. 

1477 Order approving a supplemental appropriation of 
$181,979.00 for the Public Schools for FY05, to cover 
the cost items contained within the collective bargaining 
agreement between the School Committee and United 
Steelworkers of America, on behalf of Bus Monitors, Lo- 
cal 2936. 

Approved by the Mayor on November 22, 2004. 

1479 Order approving a supplemental appropriation 
of $21,762.00 for the Public Schools for FY05, to cover 
the cost items contained within the collective bargaining 
agreement between the Boston School Committee and the 
Boston School Department Plant Administrators Associa- 
tion. 

Approved by the Mayor on November 22, 2004. 

1494 Order approving a Preservation Restriction 
Agreement by and between Logan M. Chandler and Na- 
nette A. Chandler and the National Architectural Trust, 
Inc., pursuant to M.G.L. Chapter 184, Section 32. 

Approved by the Mayor on November 22, 2004. 

1495 Order approving a Preservation Restriction 
Agreement by and between EB Properties, LLC and the 
National Architectural Trust, Inc., pursuant to M.G.L. 
Chapter 184, Section 32. 

Approved by the Mayor on November 22, 2004. 

1496 Order approving a Preservation Restriction 
Agreement by and between Janet L. Hunkel and the Na- 
tional Architectural Trust, Inc., pursuant to M.G.L. Chap- 
ter 184, Section 32. 

Approved by the Mayor on November 22, 2004. 

1497 Order approving a Preservation Restriction 
Agreement by and between Ellen Driggin and the Nation- 
al Architectural Trust, Inc., pursuant to M.G.L. Chapter 
184, Section 32. 

Approved by the Mayor on November 22, 2004. 

1498 Order approving a Preservation Restriction 
Agreement by and between John F. Keane and Marilyn T. 
Keane and the National Architectural Trust, Inc., pursuant 
to M.G.L. Chapter 184, Section 32. 

Approved by the Mayor on November 22, 2004. 



Council Chambers. 



Placed on file. 



Rosaria Salerno, 
City Clerk. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: BOSTON COMMUNITY 
STABILIZATION TENANT AND SMALL PROP- 
ERTY OWNER ACT (DOCKET NO. 1404) 

On motion of President FLAHERTY, Docket No. 1404 
was taken out of order . 

Councilor FEENEY on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1404, order approving a petition 
for a special law re: Boston Community Stabilization Ten- 
ant and Small Property Owner Act (referred October 20) 
- recommending the order ought not to pass. 

The report was accepted; the order was rejected; 
yeas 8, nays 5 

Yeas - Councilors Consalvo, Feeney, Flaherty, Kelly, 
McDermott, Murphy, Scapicchio, Tobin, ~ 8. 

Nays - Councilors Arroyo, Hennigan, Ross, T\imer, 
Yancey - 5. 



RECESS 



REPORT ON ORDER APPROVFNG SUPPLEMENTAL 
APPROPRIATION OF $1,484,578 FOR PUB- 
LIC SCHOOLS FOR FY05 TO COVER COST 
ITEMS CONTAINED WITHIN CONTRACT 
BETWEEN BOSTON SCHOOL COMMITTEE 
AND ITS TRANSPORTATION VENDOR, FIRST 
STUDENT, INC. TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN FIRST STUDENT, 
INC. AND UNITED STEELWORKERS OF 
AMERICA ON BEHALF OF BUS DRIVERS, LO- 
CAL 8751 (DOCKET NO. 1478) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 1478, message of the Mayor 
and order approving a supplemental appropriation of 
$1,484,578 for the Public Schools for FY05 to cover the 
cost items contained within the contract between the Bos- 
ton School Committee and its ttansportation vendor. First 
Student, Inc. to cover the cost items contained within the 
collective bargaining agreement between First Student, 
Inc. and the United Steelworkers of America on behalf of 
Bus Drivers, Local 875 1 (referred November 1 7) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDINANCE AMENDING CERTAIN 
PROVISIONS OF CBC REGARDFNG TOBACCO 
(DOCKET NO. 0677) 

Councilor Feeney, on behalf of the Committee on Gov- 
ernment Operations, submitted the following: 

Report on Docket No. 0677, ordinance amending cer- 
tain provisions of CBC, regarding Tobacco (referred May 
1 9) - recommending passage of the ordinance in a new 
draft. 

Councilor TOBIN moved to amend the ordinance by 
reducing the fee of $150.00 to $100.00. 

The motion prevailed: yeas 7, nays 6: 

Yeas - Councilors Arroyo, Consalvo, Hennigan, Kel- 
ly, McDermott, Scapicchio, Tobin -7. Nays - Councilors 
Feeney, Flaherty, Murphy, Ross, TXirner, Tobin - 6. 

The report in the new draft, and as amended, was 
accepted; the ordinance was passed, yeas 13. 



President FLAHERTY asked the City Clerk to read the 
last two sentences of Rule 43 regarding observers in the 



REPORT ON ORDER THAT PURSUANT TO CHAP- 
TER 3 OF ACTS OF 2004 THE RESIDENTIAL 
FACTOR IN CITY OF BOSTON FOR FY2005 
SHALL BE MINIMUM RESIDENTIAL FACTOR 
AS DETERMFNED BY COMMISSIONER OF 
REVENUE PURSUANT TO M.G.L. CHAPTER 
58, SECTION lA, AND BE IT FURTHER THAT 
PURSUANT TO CHAPTER 403 OF ACTS OF 200, 
RESIDENTIAL EXEMPTION IN AMOUNT OF 
VALUE EQUAL TO THIRTY PERCENT (30%) OF 
AVERAGE ASSESSED VALUE OF ALL CLASS 
ONE RESIDENTIAL PARCELS BE APPROVED 
(DOCKET NO. 1507) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 1507, order that pursuant to 
Chapter 3 of the Acts of 2004, the residential factor in 
the City of Boston for FY2005 shall be the minimum 
residential factor as determined by the Commissioner 
of Revenue pursuant to M.G.L Chapter 58, Section lA, 



372 



CITY COUNCIL 



and be it further that pursuant to Chapter 403 of Acts of 
200, Residential Exemption in the amount of value equal 
to thirty percent (30%) of the average assessed value of 
all class one-residential parcels be approved for FY2005 
(recommended (November 1 7) - recommending passage 
of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDINANCE ON UNIVERSITY AC- 
COUNTABILITY (DOCKET NO. 1243) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: Report 
on Docket No. 1243, ordinance on University Account- 
ability (referred December 1) - recommending passage of 
the ordinance in a new draft. 

The report was accepted; the ordinance, in the new 
draft, was passed. 



REPORT ON PETITION OF EASY TRANSPORTA- 
TION FOR LICENSE TO OPERATE MOTOR 
VEHICLES FOR CARRIAGE OF PASSENGERS 
FOR HIRE OVER CERTAIN STREETS IN BOS- 
TON (DOCKET NO. 1446) 

Councilor SCAPICCHIO, on behalf of the Committee 
on Aviation and Transportation, submitted the following: 

Report on Docket No. 1446, petition of Easy Trans- 
portation for license to operate motor vehicles for the car- 
riage of passengers for hire over certain streets in Boston 
(referred October 1 ) - recommending that the petition be 
granted. 

The report was accepted; the petition was granted . 



REPORT ON PETITION OF US SUPER SHUTTLE 
SERVICES FOR LICENSE TO OPERATE MO- 
TOR VEHICLES FOR CARRIAGE OF PASSEN- 
GERS FOR HIRE OVER CERTAIN STREETS IN 
BOSTON (DOCKET NO. 1201) 

Councilor SCAPICCHIO, on behalf of the Committee 
on Aviation and Transportation, submitted the following: 

Report on Docket No. 1201, petition of US Super 
Shuttle Services for license to operate motor vehicles for 
the carriage of passengers for hire over certain streets in 
Boston (referred October 20) - recommending that the pe- 
tition ought to be denied. 

The report was accepted; the petition was denied. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1602) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 18, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, January 7, 2005: 

Dave Murray Secretary 350.00 ftiU time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1603) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 18, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, January 14, 2005: 

Paulo Franzese Secretary 352.00 full time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1604) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 8, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, January 7, 2005: 

Daniel CuUinane Secretary 293.33 full time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1605) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, January 15, 2005, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 18, 2005: 

Sean Scanlon Secretary 210.50 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1606) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, January 1, 2005, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 18, 2005: 

Betsy Alverez Secretary 615.39 full time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1607) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday. December 17, 2004: 
Elizabeth A. Blasi Secretary 2,365.39 fiill time 
Brian M. Clinton Secretary 2,653.85 full time 
Brenda Liz Velez Secretary 2,1 15.39 fiill time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1608) 

Councilor Michael F. Flaherty Ordered: That effective 
Samrday, December 18, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 1 1, 2005: 

Elizabeth A. Blasi Secretary 865.39 full time 
Brian M. Clinton Secretary 1,153.85 full time 
Brenda Liz Velez Secretary 615.39 fiill time 
Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1609) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name imtil Friday, December 1 7, 2004: 

Kristin M. Langone Secretary 1,355.77 fiill time 
Lynn Romano Administrative Asst. 769.23 part time 
Kristin M. Franks Administrative Asst. 903.85 part 
time 

Passed under suspension of the rules. 



DECEMBER 8, 2004 



373 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1610) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 18, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, December 31, 2004: 
Kristin M. Langone Secretary 855.77 full time 
Lynn Romano Administrative Asst. 269.23 part time 
Kristin M. Franks Administrative Asst. 403.85 part 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1611) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, January 1, 2005, the following named person 
be, and hereby is, appointed to the position set against 
their name until Friday, March 18, 2005: 

Kristin M. Langone Secretary 865.39 full time 
Lynn Romano Administrative Asst. 346. 1 6 part time 
Kristin M. Franks Administrative Asst. 769.24 ftiU 
time 

Passed under suspension of the rules. 



Councilor Feeney: Congratulating Dutch Maid Bakery 
(Docket No. 1614). 

Councilor Arroyo: Congratulating Jack McCauley 
(Docket No. 1615); Congratulating Shirley Schwartz 
(Docket No. 1616). 

Councilor Ross: Congratulating "Cheers for Children" 
Holiday Auction in celebration of 25 years of fiindraising 
for children's charities (Docket No. 1617). 

Councilor Kelly: Congratulating Henry Wong (Docket 
No. 1618). 

Councilors Kelly and Flaherty: Congratulating Rev. 
Robert E. Casey (Docket No. 1619). 

Councilor Consalvo: Congratulating the third grade 
class of Sacred Heart School, Roslindale (Docket No. 
1620); Congratulating Queen Esther Ellison (Docket No. 
1621). 

Councilor Kelly: Congratulating Fu Mei Cheung 
(Docket No. 1622). 

Councilor Feeney: Congratulating Sister Elizabeth 
Calcagni (Docket No. 1623). 

The matters contained within the Consent Agenda 
were severally adopted. 



LATE-FILED MATTERS 



NEXT MEETFNG 

Adjourned at 2:50 p.m. on motion of President Fla- 
herty in memory of Captain Louis Scapicchio, Mike Jo- 
seph, Mary Duggan, Chick McGowan, Michael Pearlmut- 
ter and Princess Edwards to meet again on Wednesday, 
December 15, 2004 at 1 1:30 a.m. 



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: 



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



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1624) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 1 , 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, December 17, 2004: 

Carol Mullen-Maguire Secretary 1,769.24 full time 

Mary D. Regan Administrative Asst. 1,692.31 full 
time 

Betsy C. Alvarez Secretary 1,076.93 full time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1625) 

Councilor Michael F. Flaherty Ordered: That effective 
Saturday, December 1 8, 2004, the following named per- 
son be, and hereby is, appointed to the position set against 
their name until Friday, March 4, 2004: 

Carol Mullen-Maguire Secretary 769.24 full time 
Mary D. Regan Administrative Asst. 692.3 1 full time 
Betsy C. Alvarez Secretary 576.93 fijll 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 
after each Councilor's name: 

Councilor Flaherty: Congratulating Marion B. Davis 
(Docket No. 1612). 

Councilor Arroyo: Congratulating The Multicultural 
AIDS Coalition (Docket No. 1613). 



374 CITY COUNCIL 



DECEMBER 8, 2004 375 



376 CITY COUNCIL 



t 



CITY COUNCIL 



377 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, December 15, 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 12:05 
p.m., President Flaherty in the Chair Absent, Councilor 
Murphy. 



INVOCATION 



Reverend Vincent Daily, St. Stephen's Church, deliv- 
ered the invocation and the meeting vifas opened with the 
pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR SCAPICCHIO 

Councilor Scapicchio presented resolutions to the East 
Boston Varsity Team who won the Superbowl Champion- 
ship this year. 



PRESENTATION BY COUNCILORS 
HENNIGAN AND ARROYO 

Councilors HENNIGAN and ARROYO presented a 
resolution to Officer Danilo Ramirez for his thirty years 
of service to the City. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $443 ,082 
FROM U.S. DEPARTMENT OF JUSTICE FOR 
POLICE DEPARTMENT TO DEVELOP MULTI- 
DISCIPLINARY AND MULTIJURISDICTIONAL 
TASK FORCE PARTNERING WITH FEDERAL, 
STATE AND LOCAL LAW ENFORCEMENT 
(DOCKET NO. 1626) 

The following was received: 

City of Boston 
Office of the Mayor 

December 7, 2004 
To the City Council 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of Four Hundred Forty Three Thousand Eighty 
Two Dollars ($443,082.00) from the U.S. Department of 
Justice Office of Justice Programs Law Enforcement Re- 
sponse to Human Trafficking Grant Program, for the Bos- 
ton Police Department to develop a multidisciplinary and 
multi jurisdictional task force, partnering with federal, 
state and local law enforcement entities as well as victim 
service agencies, responding to cases of human traffick- 
ing in the Boston area. 

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 purposes for 
which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO ACCEPT AND EXPEND LAW ENFORCEMENT 

RESPONSE TO HUMAN TRAFFICKING GRANT 

FUNDS AWARDED BY THE U.S. DEPARTMENT OF 



JUSTICE OFFICE OF JUSTICE PROGRAMS 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53A of chapter 44 of the Massachu- 
setts General Laws, to accept and expend the award of the 
U.S. Department of Justice, Office of Justice Programs 
not to exceed the amount of Four Hundred Forty Three 
Thousand Eighty Two Dollars ($443,082.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $25,000,000 FROM DEPART- 
MENT OF JUSTICE FOR REIMBURSEMENT OF 
SECURITY EXPENSES FOR DEMOCRATIC NA- 
TIONAL CONVENTION (DOCKET NO. 1627) 

The following was received: 

City of Boston 
Office of the Mayor 

December 7, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith an order to accept and expend an 
amount not to exceed TWENTY FIVE MILLION DOL- 
LARS ($25,000,000) from the Department of Justice for 
reimbursement of security expenses for the Democratic 
National Convention. 

I respectfiilly request your support of this order 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO ACCEPT AND EXPEND REIMBURSEMENT OF 
SECURITY EXPENSES FOR THE DEMOCRATIC 
NATIONAL CONVENTION FROM THE DEPART- 
MENT OF JUSTICE 

ORDERED: That the City of Boston be and hereby is 
authorized, pursuant to Section 53 A of Chapter 44 of the 
Massachusetts General Laws, to accept and expend an 
amount not to exceed TWENTY FIVE MILLION DOL- 
LARS ($25,000,000) from the Department of Justice for 
reimbursement of security expenses for the Democratic 
National Convention. 

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



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS PERIOD 10-1-04 
to 10-31-04 (DOCKET NO. 1628) 



The following was received: 

City of Boston 
Office of the Mayor 

December 9, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing October 1 , 2004 and ending 
October 31, 2004. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

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



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF KENNETH TUTUNJIAN AS COM- 



378 



CITY COUNCIL 



MISSIONER AT-LARGE FOR BACK BAY AR- 
CHITECTURAL COMMISSION (DOCKET NO. 
1629) 

Notice was received from the Mayor of the appoint- 
ment of Kenneth Tutunjian as Commissioner At-Large for 
the Back Bay Architectural Commission. 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF THOMAS TINLIN AS ACTING 
CHAIRPERSON AND EX-OFFICIO MEMBER 
OF BOSTON AIR POLLUTION CONTROL COM- 
MISSION (DOCKET NO. 1630) 

Notice was received from the Mayor of the appoint- 
ment of Thomas Tinlin as Acting Chairperson and ex-of- 
ficio member of the Boston Air Pollution Control Com- 
mission. 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF MARTIN J. NEE AS COMMISSIONER 
AT-LARGE OF BOSTON AIR POLLUTION CON- 
TROL COMMISSION (DOCKET NO. 1631) 

Notice was received from the Mayor of the appoint- 
ment of Martin J. Nee as Commissioner At-Large of the 
Boston Air Pollution Control Commission. 

Placed on file. 



FROM MASSACHUSETTS OFFICE OF AT- 
TORNEY GENERAL FOR PURPOSE OF DRUG 
TRAFFICKING REDUCTION PROGRAM 
(DOCKET NO. 1481) 

Councilor Consalvo, on behalf of the Committee on 
Public Safety submitted the following; 

Report on Docket No. 1481, order authorizing Police 
Department to accept and expend grant of $50,000 from 
Massachusetts Office of Attorney General for purpose of 
drug trafficking reduction program (referred November 
17) - recommending the order ought to pass. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $12,500 FROM COMMONWEALTH 
OF MASSACHUSETTS, EXECUTIVE OFFICE 
OF PUBLIC SAFETY PROGRAMS DIVISION, 
FOR PURPOSE OF POLICE YOUTH VIOLENCE 
STRIKE FORCE INITL\TIVES, OPERATION 
HOMEFRONT (DOCKET NO. 1482) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1482, message from the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $12,500 from the Commonwealth 
of Massachusetts, Executive Office of Public Safety Pro- 
grams Division, for the purpose of Police Youth Violence 
Strike Force Initiatives, Operation Homefront (referred 
November 17) - recorrunending passage of the order. 

The report was accepted; the order was passed. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF VIRGINIA TISEI AS COMMISSION- 
ER AT-LARGE OF BOSTON AIR POLLUTION 
CONTROL COMMISSION (DOCKET NO. 1632) 

Notice was received from the Mayor of the appoint- 
ment of Virginia Tisei as Commissioner At-Large of the 
Boston Air Pollution Control Commission. 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF BART MITCHELL AS COMMISSION- 
ER AT-LARGE OF BOSTON AIR POLLUTION 
CONTROL COMMISSION (DOCKET NO. 1633) 

Notice was received from the Mayor of the appoint- 
ment of Bart Mitchell as Commissioner At-Large of the 
Boston Air Pollution Control Commission. 

Placed on file. 



ORDER FOR HEARING TO DISCUSS FY05 TAX 
RATE BUDGET, AMOUNT OF ADDITIONAL 
RESOURCES AVAILABLE AND HOW CITY 
WILL UTILIZE THOSE (DOCKET NO. 1474) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 1474, order for a hearing to dis- 
cuss the FY05 tax rate budget, the amount of additional 
resources available and how the City will utilize those re- 
sources (referred November 3) - recommending the order 
placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $100,000 FROM U.S. DEPARTMENT OF 
JUSTICE FOR PURPOSE OF CONTRACTING 
WITH FOUR LOCAL FAITH-BASED ORGANI- 
ZATIONS TO CONTINfUE TO PROVIDE FULL- 
TIME MENTORING SERVICES FOR OFFEND- 
ERS (DOCKET NO. 1483) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1483, message of the Mayor and 
order authorizing the Police Department to accept and 
expend a grant of $100,000 from the U.S. Department 
of Justice for the purpose of conttacting with four local 
faith-based organizations to continue to provide full-time 
mentoring services for offenders (referred November 17) 
- recommending passage of the order. 

The report was accepted; the order was passed. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $50,000 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $322,297 FROM U.S. DEPARTMENT OF JUS- 
TICE FOR PURPOSE OF CONTINUING OUR 
JUDICIAL OVERSIGHT DEMONSTRATION 
INITIATIVE (A.K.A. DORCHESTER DOMESTIC 
VIOLENCE COURT) (DOCKET NO. 1484) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1484, message of the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $322,297 from the U.S. Depart- 
ment of Justice for the purpose of continuing our Judicial 
Oversight Demonstration Initiative (a.k.a Dorchester Do- 
mestic Violence Court) (referred November 17) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



DECEMBER 15, 2004 



379 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $50,000 FROM MASSACHUSETTS OFFICE 
OF ATTORNEY GENERAL, FOR PURPOSE OF 
MULTI-UNIT HOUSING INITIATIVE FOCUS- 
ING ON VIOLENT CRIME AND DRUG CRIME 
REDUCTION PROGRAM (DOCKET NO. 1485) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1485, message of the Mayor and 
order authorizing the Police Department to accept and ex- 
pend a grant of $50,000 from the Massachusetts Office 
of the Attorney General, for the purpose of a Multi-Unit 
Housing Initiative focusing on violent crime and drug 
crime reduction program (referred November 17) - rec- 
ommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $118,000 FROM GOVERNOR'S HIGHWAY 
SAFETY BUREAU, FOR PURPOSE OF TRAFFIC 
ENFORCEMENT FOCUSING ON SEATBELT 
USAGE, DRUNK-DRIVING AND ROAD RE- 
SPECT AS PART OF VARIOUS STATE TRAFFIC 
ENFORCEMENT CAMPAIGNS (DOCKET NO. 
1486) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1486, message of the Mayor and 
order authorizing the Police Department to accept and ex- 
pend a grant of $ 1 1 8,000 from the Governor's Highway 
Safety Bureau, for the purpose of traffic enforcement fo- 
cusing on seat belt usage, drunk-driving and road respect 
as part of various State Traffic enforcement campaigns 
(referred November 1 7) - recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $600,000 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION, FOR 
PURPOSE OF INCREASING ANTI-GANG PO- 
LICING ACTIVITIES IN MORTON ST. -TALBOT 
AVE. CORRIDOR AND ENHANCING POLICING 
IN MATTAPAN SQUARE (DOCKET NO. 1487) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1487, message from the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $600,000 from the Commonwealth 
of Massachusetts, Executive Office of Public Safety Pro- 
grams Division, for the purpose of increasing anti-gang 
policing activities in the Morton St.-Talbot Ave. corridor 
and enhancing policing in Mattapan Square (referred No- 
vember 17) recommending passage of the order. 

The report was accepted; the order was passed. 



on Public Safety, submitted the following: 

Report on Docket No. 1489, message from the Mayor 
and order authorizing the Police Department to accept 
and expend a grant of $600,000 from the Commonwealth 
of Massachusetts, Executive Office of Public Safety 
Programs Division, for the purpose of subcontracting to 
the Ella J. Baker House for their Examine Life project 
(referred November 17) - recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $3,368,400 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION, FOR 
PURPOSE OF CONTINUING SAME COP SAME 
NEIGHBORHOOD PROGRAM (DOCKET NO. 
1490) 

Councilor CONSALVO, on behalf of the Committee 
on Public Safety, submitted the following: 

Report on Docket No. 1490, message fi-om the Mayor 
and order authorizing the Police Department to accept and 
expend a grant of $3,368,400 from the Commonwealth 
of Massachusetts, Executive Office of Public Safety Pro- 
grams Division, for the purpose of continuing the Same 
Cop Same Neighborhood Program (referred November 
17) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDINANCE ESTABLISHING PROCE- 
DURES FOR CREATION, MAINTENANCE AND 
USE OF DOG RECREATION SPACES (DOCKET 
NO. 1371) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1371, ordinance regarding es- 
tablishing procedures for the creation, maintenance and 
use of Dog Recreation Spaces (referred October 6) rec- 
ommending passage of the ordinance in the new draft. 

The report was accepted; the Ordinance in the new 
draft, as amended was passed. 



REPORT ON ORDER APPROVING A PETITION FOR 
A SPECIAL LAW RE: RETIREMENT OF WIL- 
LIAM I. GRIFFITHS (DOCKET NO. 1462) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1462, order approving a petition 
for a special law regarding the retirement of William 1. 
Griffiths (referred November 3) recommending passage 
of the order. 



Councilor SCAPICCHIO in the Chair. 



President FLAHERTY in the Chair. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $19,485.31 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION, FOR 
PURPOSE OF SUBCONTRACTING TO ELLA 
J. BAKER HOUSE FOR THEIR EXAMINE LIFE 
PROJECT (DOCKET NO. 1489) 



The report was accepted; the order was passed; 
yeas 11, Nays - 0. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Scapicchio,Tobin, 
Turner, Yancey - 11. 

Nays - 0. 



Councilor CONSALVO, on behalf of the Committee 



380 



CITY COUNCIL 



REPORT ON ORDER APPROVING A PETITION FOR 
A SPECIAL LAW RE: AN ACT RELATIVE TO 
RATE OF EXCISE ON CONDOMINIUM CON- 
VERSIONS AND LOT SUBDIVISIONS (DOCK- 
ET NO. 0521) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 052 1 , message of the Mayor and 
order approving a petition for a special law re: an act rela- 
tive to the rate of excise on Condominium Conversions 
and Lot Subdivisions (referred April 14) - recommending 
passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDINANCE TO EXTEND CITY'S PRO- 
TECTIONS FOR TENANTS FACING DISPLACE- 
MENT BY CONDOMINIUM OR COOPERATIVE 
CONVERSION (DOCKET NO. 1395) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1395, message of the Mayor and 
ordinance to extend the City's protections for tenants fac- 
ing displacement by Condominium or Cooperative Con- 
version (referred October 20) - recommending passage of 
the ordinance. 

The report was accepted; the ordinance 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: 



REPORT ON ORDER FOR LOAN OF $70,000,000 
FOR PLANNING, DESIGNING, ACQUIRING 
LAND FOR CONSTRUCTING AND ORIGINAL- 
LY EQUIPPING STRUCTURE AND FACILITIES 
FOR A NEW HIGH SCHOOL IN MATTAPAN 
(DOCKET NO. 0264) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0264, order for a loan of 
$70,000,000 for the planning, designing acquiring land 
for constructing and originally equipping structure and 
facilities for a new high school in Mattapan (referred Feb- 
ruary 4) recommending the order ought to be placed on 
file. 

On motion of Councilor ROSS, the report was ac- 
cepted; the order was placed on file. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1647) 

Councilor Michael F. Flaherty offered the following: 

Ordered: That effective Saturday, December 1 8, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, March 
4, 2004: 

Carl Lewis Secretary 500.00 fiiU time 

Passed under suspension of the rules. 



ORDER FOR HEARING TO ASSESS FEASIBILITY 
OF TELEVISING ALL PUBLIC SCHOOL COM- 
MITTEE MEETINGS (DOCKET NO. 0338) 

Councilor TOBFN called Docket No. 0338 fi-om the 



Committee on Education. 

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

On motion of CouncUor TOBIN, Docket No. 0338 
was placed on file. 



ORDER FOR HEARING TO DISCUSS EXPANDING 
WIRELESS COVERAGE IN CITY TO BENEFIT 
BOSTON'S NEIGHBORHOOD BUSINESSES, 
STUDENTS AND PROFESSIONALS (DOCKET 
NO. 1240) 

Councilor TOBIN called Docket No. 1240 fi-om the 
Committee on Public Utilities and Cable Communica- 
tions. 

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

On motion of Councilor TOBIN, the rules were sus- 
pended; Docket No. 1240 was placed on file. 



ORDER APPROVING APPROPRIATION OF $500,000 
FROM CEMETERY TRUST FUND FOR CEME- 
TERY DIVISION OF PARKS AND RECREATION 
DEPARTMENT TO BE EXPENDED FOR EX- 
PANSION AND IMPROVEMENT OF MT HOPE 
CEMETERY (DOCKET NO. 1591) 

Councilor CONSALVO called Docket No. 1591 from 
the Committee on City and Neighborhood Services. 

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

On motion of Councilor CONSALVO, Docket No. 
1591 was passed. 



ORDER APPROVING THE TRANSFER OF 52,500 
SQUARE FEET OF SURFACE RIGHTS UNDER 
THE CONTROL OF THE PUBLIC IMPROVE- 
MENT COMMISSION (Rl.C.) FROM THE PUR- 
POSE OF DISCONTINUED STREET PARCEL 
TO SALE PARCEL AND AUTHORIZING THE 
SALE OF SUCH SURFACE RIGHTS LOCATED 
ON NASHUA STREET, BOSTON (DOCKET NO. 
1491) 

Councilor SCAPICCHIO called Docket #1491, fi-om 
the Committee on Aviation and Transportation. 

No objection being heard the matter was before the 
body. 

On motion of Councilor Scapicchio the order was giv- 
en its first reading and passage, yeas 1 0, nays O. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, McDermott, Scapicchio, Tobin, 
Turner, Yancey - 10. 

Nays - 0. 

Assigned for further action. 



ORDER FOR HEARING REGARDING PROMOTION 
OF COMMUNITY DEVELOPMENT IN CITY OF 
BOSTON (DOCKET NO. 1444) 

Councilor KELLY called Docket No. 1444 fi-om the 
Committee on Plarming and Economic Development. 

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

On motion of Councilor KELLY, the order was sub- 
stituted as follows: 



CITY OF BOSTON 
IN THE YEAR 2004 



DECEMBER 15, 2004 



381 



AN ORDER REGARDING THE PROMOTION OF 

COMMUNITY DEVELOPMENT IN THE 

CITY OF BOSTON 

WHEREAS, The City of Boston has worked tirelessly 
to promote the sound growth and development of the 
neighborhoods and provide places for Boston's residents 
to live, work, and recreate; and 

WHEREAS, The results of this activity have been the 
creation of new homes and businesses, as well as new 
parks, schools, and other public facilities, leading to Bos- 
ton's reputation as one of the world's most vibrant and 
livable cities; and 

WHEREAS, While much progress has been made, ob- 
solete land patterns, absentee land owners, and outdated 
infrastructure have left some underutilized land parcels 
and areas of disinvestment; and 

WHEREAS, The City's urban renewal program has ef- 
fectuated great change in the City's central business dis- 
trict and neighborhoods, creating new opportunities for 
many of Boston's residents, and the urban renewal pro- 
gram is the appropriate method for eliminating the pat- 
terns of disinvestment identified above; and 

WHEREAS, The City of Boston maintains twenty-one 
(21) active urban renewal plans originally approved by 
the Boston Redevelopment Authority ("BRA"), the Bos- 
ton City Council, and the Mayor of Boston between 1957 
and 1980; and 

WHEREAS, Federal funding for urban renewal was 
eliminated in the early 1970s, leaving little public funding 
to complete the goals and objectives of the plans; and 

WHEREAS, New England suffered a number of eco- 
nomic downturns in the intervening time, including the 
1970s, 1980s, and 1990s, leaving little private funding to 
complete the goals and objectives of the plans; and 

WHEREAS, Despite the best efforts of the City of 
Boston and the BRA, several of the plans' renewal ac- 
tions, design objectives, and other purposes remain in- 
complete; and 

WHEREAS, By their provisions, the plans and the 
powers conferred and programs set forth will terminate 
within the time period of 2004 to 2020 unless so extend- 
ed; and 

WHEREAS, Each plan includes within its provisions 
the ability to modify said termination date and extend said 
plan; and 

NOW THEREFORE BE IT 

ORDERED, In recognition of the City Council's author- 
ity in connection with the aforementioned urban renewal 
plan changes, the BRA Director has agreed to seek BRA 
Board approval at the BRA's meeting on December 21, 
2004, to implement a series of procedural changes with 
respect to urban renewal plans in Boston, including: (1) 
the submission of certain plan changes to the City Coun- 
cil for approval (i.e., the proposed termination or adoption 
of an urban renewal plan; the addition of additional land, 
whether Privately or publicly owned, to an urban renewal 
area; plan changes allowing a proposed project which 
would result in an increase in density of development 
within an urban renewal plan area as a whole (that is, an 
increase of more than 7.5% over the square footage of the 
plan area to be devoted to residential, commercial, and/or 
institutional use); (2) providing the City Council with at 
least thirty (30) days' notice of any proposed modifica- 
tion to an urban renewal plan not described in clause (1); 
(3) providing the City Council with at least thirty (30) 
days' notice of any proposed eminent domain taking of 
city-owned land in excess of 10,000 s.f; (4) providing an- 
nual reports to the City Council on the progress of urban 
renewal efforts within the City of Boston (including data 
on properties disposed of by the BRA; development proj- 
ects approved in the past year; parcels under study; and 
parcels remaining for development); and (5) using best 
efforts to work with the applicable District City Councilor 
in connection with substantial proposed use changes (e.g., 
a change from residential to institutional use of an urban 
renewal parcel); and 

ORDERED, That the City Council does hereby ap- 
prove the extension of the term of the urban renewal plans 



listed below, to April 30, 201 5, subject to the BRA action 
as outlined in the preceding paragraph: 

1 . Brunswick-King Urban Renewal Plan 

2. Campus High Urban Renewal Plan 

3. Central Business District Urban Renewal Plan 

4. Central Business District - Bedford West 

5. Central Business District - Boylston Essex 

6. Central Business District - School Franklin 

7. Central Business District - South Station 

8. Charlestown Urban Renewal Plan 

9. Fenway Urban Renewal Plan 

1 0. Government Center Urban Renewal Plan 

1 1 . Kittredge Square Urban Renewal Plan 

12. North Harvard Urban Renewal Plan 

13. Park Plaza Urban Renewal Plan 

14. South Cove Urban Renewal Plan 

15. South End Urban Renewal Plan 

1 6. St, Botolph Elderly Housing Urban Renewal Plan 

17. Sumner Street Public Housing Urban Renewal Plan 

1 8. Washington Park Urban Renewal Plan 

19. Downtown Waterfront - Faneuil Hall Urban Re- 
newal Plan 

On motion of Councilor TURNER the Council voted 
to recess at 5:40 p.m. subject to the call of the Chair. The 
members reassembled in the City Council Chamber and 
were called to order by President FLAHERTY at 6:30 
p.m. 

Councilor KELLY moved that the order be amended 
by adding the words "alteration of the boundaries of an 
urban renewal plan through the" in the final Whereas on 
line four before the word "addition." 

The motion prevailed. 

The order, as substituted and amended, 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 Ross: Congratulating Donald Powell Day 
(Docket No. 1634). 

Councilor Arroyo: Congratulating The Honorable Ani- 
bal Acevedo-Vila (Docket No. 1635); Congratulating 10 
persons on their leadership role within the Latino com- 
munity and your support of JPPOP (Docket No. 1636); 
Congratulating Benjamin Perez (Docket No. 1637). 

Councilors Flaherty, McDermott and Ross: Congratu- 
lating Mel Goldstein (Docket No. 1638). 

Councilor Kelly: Congratulating Prof. Zhentian Zhang 
(Docket No. 1639). 

Councilor Feeney: Congramlating Mr. John Joyce 
(Docket No. 1640). 

Councilors Arroyo, Turner and Yancey: Congratulat- 
ing 1 1 person on their first place finishing the National 
Blacks in Government Youth Oratorical Contest (Docket 
No. 1641). 

Councilor Hennigan: Congratulating George McCar- 
thy (Docket No. 1642); Congratulating Danilo Ramirez 
(Docket No. 1643). 

Councilor Yancey: Congratulating Mary Leoney 
(Docket No. 1644); Congratulating ColumbiaAVashing- 
ton Street Association (Docket No. 1645); Congratulating 
Charles Leoney (Docket No. 1646). 

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 Scapicchio: Congratulating East Boston 
High School Jets 2005 Champions (Docket No. 1648); 
Congratulating Coach John Souza (Docket No. 1649); 
Congratulating James Duane III (Docket No. 1650). 

The matters contained within the Consent Agenda 



382 CITY COUNCIL 



were severally adopted. 



STATEMENT OF PRESIDENT FLAHERTY 

President FLAHERTY thanked each of the Councilors 
for a great year and gave each a clock and plaque and 
wanted to wish everyone a lovely holiday with their fami- 
lies and a Happy New Year. 



STATEMENT OF COUNCILOR KELLY 

Councilor KELLY wanted to thank President Flaherty 
for his leadership this year and thanked him for the gifts 
he gave each Councilor for Christmas. 



NEXT MEETING 

President FLAHERTY moved that the Council adjourn 
today in memory of David Brudnoy, Andrew Gaines, 
Kathleen Devin, Jim McDonald, and with a speedy recov- 
ery to Councilor Murphy, and a blessing and safe return 
to Ralph Scapicchio going off to serve our Country in 
Kuwait and Iraq and wishing all a Merry Christmas and 
Happy New Year to meet on Monday, January 3, 2005 at 
10:00 AM. 

The motion was carried. 

Adjourned at 7:10 p.m. on motion of President FLA- 
HERTY to meet on Monday January 3, 2004 at 10:00 
AM. 



f 



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







DECEMBER 15, 2004 383 



384 CITY COUNCIL 



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CITY COUNCIL 



297 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, October 6, 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:35 
a.m.. President Flaherty in the Chair. Absent, Councilors 
Scapicchio and Yancey. 



INVOCATION 



Reverend Brian Murdock, Emmanuel Episcopal 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 




ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND FED- 
ERAL FY2004 SHELTER PLUS CARE GRANT 
OF $7,200,000 FROM UNITED STATES DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (DOCKET NO. 1354) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend a Federal Fiscal Year 
2004 Shelter Plus Care grant in an amount not to exceed 
SEVEN MILLION TWO HUNDRED THOUSAND 
DOLLARS ($7,200,000) from 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 contract with service 
providers using these grant funds. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO EXPEND A FEDERAL FY2004 SHELTER 

PLUS CARE GRANT FROM THE UNITED STATES 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

ORDERED: that the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is, autho- 
rized, pursuant to section 53 A of chapter 44 of the Mas- 
sachusetts General Laws, to expend FY2004 Shelter Plus 
Care grant funds in an amount not to exceed SEVEN 
MILLION TWO HUNDRED THOUSAND DOLLARS 
($7,200,000) from the United States Department of Hous- 
ing and Urban Development for the purposes for which 
the fiinds were granted as stated in the City of Boston's 
Federal FY2004 Continuum of Care Homeless Assistance 
Programs application, and, in connection therewith, is au- 
thorized to execute and deliver such documents as may be 
required by the federal government. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND FED- 
ERAL FY2004 LEAD-BASED PAINT HAZARD 
REDUCTION DEMONSTRATION GRANT OF 



$4,000,000 FROM UNITED STATES DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (DOCKET NO. 1355) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston expend a Federal Fiscal Year 
2004 Lead-Based Paint Hazard Reduction Demonstration 
grant in an amount not to exceed FOUR MILLION DOL- 
LARS ($4,000,000) from the U.S. Department of Hous- 
ing and Urban Development (HUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may begin to provide 
services using these grant funds. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO EXPEND A FEDERAL FY2004 LEAD-BASED 

PAINT HAZARD REDUCTION DEMONSTRATION 

GRANT FROM THE UNITED STATES 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

ORDERED: that the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is autho- 
rized, pursuant to section 53 A of chapter 44 of the Mas- 
sachusetts General Laws, to accept and expend Federal 
FY2004 Lead Based Paint Hazard Reduction Demonstra- 
tion grant funds in an amount not to exceed Four Million 
Dollars ($4,000,000) from the United States Department 
of Housing and Urban Development for the purposes 
for which the funds were granted as stated in the City 
of Boston's Federal FY2004 Lead-Based Paint Hazard 
Reduction Demonstration Program application, and, in 
connection therewith, is authorized to execute and deliver 
such documents as may be required by the federal gov- 
ernment. 

Referred to the Committee on Housing. 



ORDER APPROVING THE ISSUANCE OF TAX- 
EXEMPT BONDS IN PRINCIPAL AMOUNT 
NOT TO EXCEED $4,000,000 FROM BOSTON 
INDUSTRIAL DEVELOPMENT FINANCING 
AUTHORITY (BIDFA) FOR PROJECT OF 15- 
31 ALLERTON STREET, LLC, THE WALDWIN 
GROUP, INC. (DOCKET NO. 1356). 



The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to ap- 
prove the issuance of a tax-exempt bond(s) in a principal 
amount not to exceed $4,000,000. The Boston Industrial 
Development Financing Authority (BIDFA)'s Board of 
Directors, acting pursuant to the provisions of Chapter 
40D of the Massachusetts General Laws, adopted a favor- 
able resolution with respect to the financing or refinanc- 
ing of, or the reimbursement of funds advanced by 1 5-3 1 
Allerton Street LLC and/or the Waldwin Group. Inc. (the 
"Borrower", which term includes any parent, subsidiary 
or other affiliate thereof) to pay costs oi^ the development 
of certain land and buildings owned or to be owned, or 



298 



CITY COUNCIL 



leased or to be lease4 by the Borrower (including financ- 
ing certain bond reserves and issuance costs) located at 
15-31 Allerton Street, Roxbury, Massachusetts 021 19, an 
approximately 28,000 square foot site (the "Site"). 

It is proposed that the City approve (i) the acquisition, 
renovation and equipping of an approximately 14,000- 
square-foot, two-story building on the Site for manu- 
facturing operations related to the production of bakery 
items, typically produced for donut bakeries, and (ii) the 
renovation and equipping of such Site for use as the Bor- 
rower's administrative headquarters. 

I urge your Honorable Body to pass this order as ex- 
peditiously as possible so that this important project may 
proceed as described. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE FINANCING BY 
REVENUE BONDS TO BE ISSUED BY THE CITY 
OF BOSTON, ACTING BY AND THROUGH THE 
BOSTON INDUSTRIAL DEVELOPMENT FINANC- 
ING AUTHORITY, FOR THE PROIECT OF 15-3 1 
Allerton Street LLC, The Waldwin Graup Inc. 
and/or an Affiliate 

WHEREAS, 15-31 Allerton Street LLC and/or The 
Waldwin Group Inc. (collectively, the "Borrower", which 
word includes in this order any parent, subsidiary or other 
affiliate thereof) has proposed the issuance of revenue 
bonds (the" Bonds") of the City of Boston (the "City"), 
acting by and through its Industrial Development Financ- 
ing Authority (the "Authority"), pursuant to Chapter 40D 
of the Massachusetts General Laws, as amended (the 
"Act"), to finance, refinance, or reimburse funds advanced 
by the Borrower of up to $4,000,000 (for a total estimat- 
ed project cost of $3,237,500) for costs of a project (the 
"Projecf ) consisting generally of development of certain 
land and buildings owned or to be owned, or leased or 
to be leased, by the Borrower (including financing cer- 
tain bond reserves and issuance costs) that are located at 
15-31 Allerton Street, Roxbury, Massachusetts 02119, 
an approximately 28,000-square-foot site (the "Site"), in 
particular, the renovating and equipping of an approxi- 
mately 14,000-square-foot, two-story building on the Site 
for manufacturing operations related to the production of 
bakery items, typically produced for donut bakeries, and 
for use as the Borrower's administrative offices; 

WHEREAS, the Project will be financed by the loan of 
the proceeds of the Bonds to the Borrower to be used to 
pay costs of the Project; 

WHEREAS, the Borrower has expressed its willing- 
ness to make payments sufficient (i) to pay the princi- 
pal, premium, if any, and interest on the Bonds and to 
pay costs of issuance of the Bonds, (ii) to reimburse the 
City and the Authority for their expenses incurred in con- 
nection therewith and (iii) to reimburse the City and the 
Authority for and indemnify the City and the Authority 
against any such expenses or costs incurred hereafter in 
the event that issuance and sale of the Bonds are not ac- 
complished as contemplated; 

WHEREAS, the Borrower presently employs approxi- 
mately 72 fiill-time employees and 1 08 part-time employ- 
ees, and upon completion of the Project by the Borrower, 
all of such 72 ftill-time and 108 part-time employees will 
be retained or transferred to the Project and employment 
will be provided for 53 additional fiill-time employees 
and 59 additional part-time employees over the next two 
years following completion of the Project, and the Project 
will contribute to the alleviation of unemployment in the 
City, provide security against future imemployment and 
be of benefit to the economy of the City and The Com- 
monwealth of Massachusetts; 

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 placement of 
contracts for goods and services with Boston-based en- 



terprises; 

WHEREAS, the estimated cost of the Project and the 
cost of issuing the Bonds do not exceed $4,000,000 and 
the Borrower has indicated its willingness to finance other 
than by the Bonds any such costs in excess of the amount 
of such costs to be financed by the Bonds, and it appears 
that the costs of the Project or such portion thereof that 
are proposed to be financed by the Bonds may be financed 
through the issuance of the Bonds pursuant to the provi- 
sions of the Act; 

WHEREAS, the Authority has adopted a resolution 
approving the financing of the Project and paying the 
costs of issuance of the Bonds, through the issuance of 
the Bonds and the Borrower's evidencing of its obliga- 
tions with respect to such financing through a loan agree- 
ment or other financing agreements pursuant to the Act, 
subject to certain conditions including the approval of the 
City Council and the Mayor of the City of the Project, the 
estimated cost thereof and the financing thereof by 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 in- 
tended to be an inducement for the Borrower to undertake 
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 pro- 
spective 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 $4,000,000 to fi- 
nance the Project, was published in The Boston Globe on 
September 3, 2004, and said public hearing was held on 
September 20, 2004, 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 by the City of Boston, acting by and through 
the Authority, pursuant to the Act, in a principal amount 
not to exceed $4,000,000 be, and the same hereby are, 
approved; provided, however, that such Bonds shall not 
constitute a pledge of the faith and 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 
serve as an inducement for the Borrower to undertake the 
Project. 

In City Council , 2004. Passed. 

Approved by the Mayor , 2004. 

ATTEST: 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND FED- 
ERAL FY2004 LEAD-BASED PAINT HAZARD 
CONTROL GRANT OF $3,000,000 FROM UNIT- 
ED STATES DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (DOCKET NO. 1357) 

The following was received: 

City Of Boston 
Office of the Mayor 



To The City Council 
Dear Councilors: 



September 28. 2004 



OCTOBER 6, 2004 



299 



I transmit herewith for your approval, an Order au- 
thorizing the City of Boston to expend a Federal Fiscal 
Year 2004 Lead-Based Paint Hazard Control Grant in 
an amount not to exceed THREE MILLION DOLLARS 
($3,000,000) from the US. Department of Housing and 
Urban Development (RUD). 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the City may begin to provide 
services using these grant fiinds. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO EXPEND A FEDERAL FY2004 LEAD-BASED 

PAINT HAZARD CONTROL GRANT FROM THE 

UNITED STATES DEPARTMENT OF 

HOUSING AND URBAN DEVELOPMENT 

ORDERED: that the City of Boston, acting by and 
through its Department of Neighborhood Development 
(Public Facilities Department), be, and hereby is, autho- 
rized, pursuant to section 53A of chapter 44 of the Mas- 
sachusetts General Laws, to accept and expend FY2004 
Lead-Based Paint Hazard Control grant funds in an 
amount not to exceed Three Million Dollars ($3,000,000) 
from the United States Department of Housing and Urban 
Development for the purposes for which the funds were 
granted as stated in the City of Boston's Federal FY2004 
Lead Based Paint Hazard Control Program application, 
and, in connection therewith, is authorized to execute and 
deliver such documents as may be required by the federal 
government. 

Referred to the Committee on Housing. 



General Laws, to accept and expend the Massachusetts 
State Polices award not to exceed the amount of Thirty 
Three Thousand Seven Hundred and Eighty Four Dollars 
($33,784.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING MAYOR TO ACCEPT AND 
EXPEND GRANT OF $33,784 FROM NATION- 
AL INSTITUTE OF JUSTICE UNDER FOREN- 
SIC CASEWORK DNA BACKLOG REDUC- 
TION PROGRAM FOR POLICE CRIME LAB TO 
RECEIVE CONTRACTED SERVICES IN OR- 
DER TO REDUCE ITS DNA CASE BACKLOGS 
(DOCKET NO. 1358) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 27, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $33,784.00, from the National Institute of 
Justice under the Forensic Casework DNA Backlog Re- 
duction Program Formula Grant, for the Boston Police 
Crime Lab to receive contracted services in order to re- 
duce its DNA case backlogs. 

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 purposes for 
which these fiinds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO ACCEPT AND EXPEND FORENSIC CASEWORK 
DNA BACKLOG REDUCTION PROGRAM FOR- 
MULA GRANT FUNDS AWARDED BY 
THE NATIONAL INSTITUTE OF JUSTICE 

ORDERED: That the Mayor, acting on behalf of 
the City of Boston be, and hereby is authorized, pursu- 
ant to section 53A of chapter 44 of the Massachusetts 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $55,000 
FROM COMMONWEALTH OF MASSACHU- 
SETTS EXECUTIVE OFFICE OF PUBLIC SAFE- 
TY PROGRAMS DIVISION FOR MULTIJURIS- 
DICTIONAL TASK FORCE (DOCKET NO. 1 359) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 27, 2004 
To The City Council 
Dear 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 $55,000.00 from the Commonwealth of Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division. This award is made for the purpose of disrupt- 
ing drug trafficking, reducing violent crime, victimiza- 
tion, and disorder, through the Multijurisdictional Task 
Force 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 purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO ACCEPT AND EXPEND THE CONTINUATION 
AWARD FOR THE MULTIJURISDICTIONAL TASK 
FORCE FUNDS AWARDED BY THE MASSACHU- 
SETTS EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53 A of chapter 44 of the Massachu- 
setts General Laws, to accept the Commonwealth Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division award not to exceed the amount of Fifty Five 
Thousand Dollars ($55,000.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING MAYOR TO ACCEPT AND 
EXPEND GRANT OF $24,520 FROM NATIONAL 
INSTITUTE OF JUSTICE UNDER DNA CAPAC- 
ITY ENHANCEMENT PROGRAM FOR POLICE 
CRIME LAB TO PURCHASE EQUIPMENT NEC- 
ESSARY TO REDUCE TURNAROUND TIME OF 
DNA ANALYSIS (DOCKET NO. 1360) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 27, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $24,520.00, from the National Institute of 
Justice under the DNA Capacity Enhancement Program 
Formula Grant, for the Boston Police Crime Lab to pur- 
chase equipment necessary to reduce the turnaround time 
of DNA analysis. 

I urge your Honorable Body to adopt this Order as 



300 



CITY COUNCIL 



soon as possible so that the City of Boston may accept the 
funds expeditiously and expend them for the purposes for 
which these funds were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOS- 
TON TO ACCEPT AND EXPEND DNA CAPACITY 
ENHANCEMENT PROGRAM FORMULA GRANT 
FUNDS AWARDED BY THE 
NATIONAL INSTITUTE OF JUSTICE 

ORDERED: That the Mayor, acting on behalf of 
the City of Boston be, and hereby is authorized, pursu- 
ant to section 53A of chapter 44 of the Massachusetts 
General Laws, to accept and expend the Massachusetts 
State Police's award not to exceed the amount of Twen- 
ty Four Thousand Five Hundred and Twenty Dollars 
($24,520.00) 

Referred to the Committee on Public Safety. 



City Of Boston 
Office of the Mayor 

September 24, 2004 
To The City Council 
Dear 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 $17,000.00 from the Commonwealth of 
Massachusetts, Executive Office of Public Safety Pro- 
grams Division. This award is made for the purpose of 
providing a daily after school program at the Dearborn 
Middle School for 60 students in conjunction with the 
Boston Police Department, the Boston Centers for Youth 
& Families, the Boston Public School Department, and 
the Walker Home and 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 purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $19,700 FOR PROPERTY AND CON- 
STRUCTION MANAGEMENT DEPARTMENT 
FOR FY05 TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN CITY AND NATION- 
AL CONFERENCE OF FIREMAN AND OILERS, 
LOCAL 3, AFL-CIO (DOCKET NO. 1361) 

The following was received: 

City Of Boston 
Office of the Mayor 

October 5, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Property & Construction Management Department 
for FY05 in the amount of $19,700 to cover the cost items 
contained within the collective bargaining agreement be- 
tween the City of Boston and the National Conference 
of Firemen and Oilers, Local 3, AFL-CIO. Funding for 
the costs of FY03 and FY04 will be charged to reserves 
established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of NINETEEN THOUSAND 
SEVEN HUNDRED DOLLARS ($19,700) be, and the 
same hereby is appropriated as follows, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - Property & Construction Mgmt. 
2005-100-180000 Personnel Services $19,700 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $17,000 
FROM COMMONWEALTH OF MASSACHU- 
SETTS, EXECUTIVE OFFICE OF PUBLIC 
SAFETY PROGRAMS DIVISION FOR PUR- 
POSE OF PROVIDING DAILY AFTER SCHOOL 
PROGRAM AT DEARBORN MIDDLE SCHOOL 
(DOCKET NO. 1362) 

The following was received: 



AN ORDER AUTHORIZING THE CITY 

OF BOSTON TO ACCEPT AND EXPEND THE 

AWARD FOR THE NEW HORIZONS FOR YOUTH 

PROGRAM GRANT FUNDS AWARDED BY THE 

MASSACHUSETTS EXECUTIVE OFFICE OF 

PUBLIC SAFETY PROGRAMS DFVISION 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53 A of chapter 44 of the Massachu- 
setts General Laws, to accept the Commonwealth Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division award not to exceed the amount of Seventeen 
Thousand Dollars ($17,000.00). 

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



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND AUTOMATED EX- 
TERNAL DEFIBRILLATOR (AED) FROM COM- 
MONWEALTH OF MASSACHUSETTS EXECU- 
TIVE OFFICE OF PUBIC SAFETY PROGRAMS 
DIVISION FOR PURPOSE OF PROVIDING AED 
TO BOSTON POLICE DEPARTMENT TO BE 
PLACED IN POLICE DEPARTMENT (DOCKET 
NO. 1363) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 20, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept an Automated External 
Defibrillator (AED) from the Commonwealth of Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division. This award is made for the purpose of providing 
an AED to the Boston Police Department to be placed in 
the Boston Police Department Academy. 

I urge your Honorable Body to adopt this Order as soon 
as possible so that the City of Boston may accept the de- 
vise expeditiously for purposes for which it was granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND AN 

AUTOMATED EXTERNAL DEFIBRILLATOR (AED) 



OCTOBER 6, 2004 



301 



FOR THE AED GRANT AWARDED BY THE 

MASSACHUSETTS EXECUTIVE OFFICE OF 

PUBLIC SAFETY PROGRAMS DIVISION 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53 A 1/2 of chapter 44 of the Mas- 
sachusetts General Laws, to accept the Commonwealth 
Massachusetts, Executive Office of Public Safety Pro- 
grams Division award of one AED. 

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



ORDER TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: BRA (DOCKET NO. 
1364) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13, 2004 
To The City Council 
Dear Councilors: 

In response to the 1 7F request filed by your Honorable 
Body on August 1 1, 2004 Re: The Boston Redevelopment 
Authority, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



(Annexed herein is the following documentation.) 
Placed on file. 



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS PERIOD 5-1-04 
to 5-31-04 (DOCKET NO. 1365) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith information received from the Bos- 
ton Police Department pertaining to crime statistics for 
the period commencing May 1 , 2004 and ending May 3 1 , 
2004. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



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



ABSENCE OF THE MAYOR 
(DOCKET NO. 1366) 

Notice was received from the Mayor of his absence 
from the City on September 29, 2004 until September 30, 
2004. 

Placed on file. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1367) 

The Constable's Bonds of the following, having been 
duly approved by the CollectorTreasurer, were received 
under the usual terms and conditions. 



Ruth E. Baez 
Heather M. Gately 
Eric O. Idumwonyi 
George J. Kali I 
Arturo V. Wallen 
Steven M. Wilson Jr. 
Byrain A. Winbush 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 1368) 

Notice was received from the Mayor of the appoint- 
ment of Karen Connor as the Acting Budget Director, ef- 
fective September 27, 2004 for a period not to exceed 60 
days. 

Placed on file. 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE OF 
1979 RE: ACTIONS TAKEN BY MAYOR ON PA- 
PERS ACTED UPON BY CITY COUNCIL AT ITS 
SEPTEMBER I, 2004 MEETING (DOCKET NO. 
1369) 

In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by the 
Cify Council at its meeting of September 1, 2004 VIZ. 

0522 Order authorizing the City to enter into one or 
more lease, lease purchase of installment sales agreements 
in FY05 in an amount not to exceed $10,000,000.00 and 
in FY06 in an amount not to exceed $10,000,000.00 for 
different City departments for the acquisition of equip- 
ment in furtherance of the respective governmental ftinc- 
tions. 

Approved by the Mayor on September 8, 2004. 

0879 Order authorizing the Public Works Department 
to accept and expend a grant of $479,500.00 for the period 
of February 2004, thru September, 2006 from Northeast- 
em University. These fiinds will be used to provide fund- 
ing towards the St. Boltolph Street Improvement Project. 

Approved by the Mayor on September 8, 2004. 

1029 Order authorizing the City to accept and expend 
a grant of $14,958,717.00 fi-om the U. S. Department of 
Homeland Security's, (DHS), Office of Domestic Pre- 
paredness Urban Areas Security Initiative II (UASI), to 
address the unique equipment, planning, exercise, train- 
ing and operational needs of large urban areas. 

Approved by the Mayor on September 8, 2004. 

1039 Order authorizing the Department of Neighbor- 
hood Development, to expend a grant of $1,829,000.00 
fi-om the U.S. Department of Housing and Urban Devel- 
opment Federal FY2004 Housing Opportunities for Per- 
son With AIDS. 

Approved by the Mayor on September 8, 2004. 

1 067 Order authorizing the Department of Neighbor- 
hood Development, to expend a Federal FY2004 Emer- 
gency Shelter grant of $902,342.00 from the U.S. Depart- 
ment of Housing and Urban Development. 

Approved by the Mayor on September 8, 2004. 

1069 Order authorizing the Department of Neighbor- 
hood Development, to expend a Federal FY2003 grant of 
$342,873.00 and a Federal FY2004 grant of $404,600.00 
from the U.S. Department of Housing and Urban Devel- 
opment, for the American Dream Down payment Initia- 
tive. 

Approved by the Mayor on September 8, 2004. 

1098 Order authorizing the New Bostonians to accept 
and expend a grant of $25,000.00 from the Citizens Baiik 
as a charitable contribution toward the English for New 



302 



CITY COUNCIL 



Bostonians Project of the Office of New Bostonians for 
the fiscal year 2005 project grants. 

Approved by the Mayor on September 8, 2004. 

1099 Order authorizing the New Bostonians to accept 
and expend a grant of $1,000.00 from the Fleet Bank as 
reimbursement for expenses incurred by the Office of 
New Bostonians. 

Approved by the Mayor on September 8, 2004. 

1 1 00 Order message and order authorizing the New 
Bostonians to accept and expend a grant of $1,000.00 
from the Sovereign Bank as reimbursement for expenses 
incurred by the Office of New Bostonians. 

Approved by the Mayor on September 8, 2004. 

1101 Order authorizing the New Bostonians to accept 
and expend a grant of $1,000.00 from the Fleet Bank of 
America as reimbursement for expenses incurred by the 
Office of New Bostonians. 

Approved by the Mayor on September 8, 2004. 

1 102 Order authorizing the New Bostonians to accept 
and expend a grant of $500.00 from the Bingham Mc- 
Cutchen as reimbursement for expenses incurred by the 
Office of New Bostonians. 

Approved by the Mayor on September 8, 2004. 

1108 Order authorizing the Police Department to ac- 
cept and expend a grant of $80,335.67 from the Com- 
monwealth of Massachusetts, Executive Office of Public 
Safety Programs Division, for the purpose of addressing 
the unique needs of disadvantaged and at-risk urban youth 
and their families. 

Approved by the Mayor on September 8, 2004. 

1238 The Constable's Bonds of Stacey A. Adams, Sek- 
our R. Brown, Paul L. Bums Sr, Ronald Cobb, William 
J. Mallory, Jean N. Philomeno, Amarilis Serret, James C. 
Wong. 

Approved by the Mayor on September 14, 2004. 

Placed on file. 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE 
OF 1979 RE: ACTIONS TAKEN BY MAYOR ON 
PAPERS ACTED UPON BY CITY COUNCIL AT 
ITS SEPTEMBER 15, 2004 MEETING (DOCKET 
NO. 1370) 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 September 15, 2004 VIZ. 

0939 Order authorizing the Boston Centers for Youths 
and Family to accept and expend grants of $341,958.48 
from the Massachusetts Department of Education, for the 
purpose of funding nutrition programs and services. 

Approved by the Mayor on September 2 1 , 2004. 

0940 Order authorizing the Boston Centers for Youths 
and Family to accept and expend a grant of $1,528,303.65 
from the Commonwealth of Massachusetts, Office of 
Child Care Services, for the purpose of preschool and 
school-age basic day care services. 

Approved by the Mayor on September 21, 2004. 

1038 Order approving a petition for a special law re: 
funding of the sex offender registry in the City. 
Approved by the Mayor on September 21, 2004. 

1105 Order approving compensation balance agree- 
ments between the City and Century Bank and Trust 
Company for the provision of Lock Box Services. 



Approved by the Mayor on September 2 1 , 2004. 

1106 Order approving compensation balance agree- 
ments between the City and Sovereign Bank New Eng- 
land for the provision of Lock Box Services. 

Approved by the Mayor on September 21, 2004. 

1107 Order approving compensation balance agree- 
ments between the City and Citizens Bank of Massachu- 
setts for the provision of Lock Box Services. 

Approved by the Mayor on September 21, 2004. 

1 1 98 Order authorizing the City to accept and expend 
a grant of $2,000,000.00 fi-om the Trustees of the Boston 
Public Library for the purpose of acquiring the property 
of 201 Rivermoor Street in West Roxbury. 

Approved by the Mayor on September 21, 2004. 

1199 Order approving an appropriation of 
$6,650,000.00 for the acquisition of property at 201 Riv- 
ermoor Street in West Roxbury. 

Approved by the Mayor on September 21, 2004. 

1233 Order authorizing the Police Commissioner to 
accept and expend a grant of $30,454.31 fi-om the Com- 
monwealth of Massachusetts, Executive Office of Public 
Safety Programs Division, for the purpose of subcontract- 
ing to the Ella J. Baker House for the Examine Life Proj- 
ect, a youth violence prevention mentoring program. 

Approved by the Mayor on September 2 1 , 2004. 

1267 Order approving a supplemental appropriation of 
$481,380.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Public Library Professional Staff Association. 

Approved by the Mayor on September 2 1 , 2004. 

Placed on file. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: PENSION OF OFFICER ZE- 
NAIDA FLORES (DOCKET NO. 0294) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0294, order approving a petition 
for a special law re: pension of Officer Zenaida Flores 
(referred February 11)- recommending passage of the 
order. 

The report was accepted; the order was passed; 
yeas 11, nays 0: 

Yeas - Councilors Arroyo, Consalvo, Feeney, Henni- 
gan, Flaherty, Kelly, McDermott, Murphy, Ross. Tobin, 
Turner -11. 

Nays-O. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
NEED TO INCREASE FUNDING TO PROVIDE 
MORE TREATMENT BEDS AND GREATER 
LEVEL OF COUNSELING AND EDUCATION 
TO COMBAT EPIDEMIC LEVEL OF ADDIC- 
TION TO OXYCONTIN (DOCKET NO. 1213) 

Councilor CONSALVO, on behalf of the Committee 
on Health and Human Services, submitted the following: 

Report on Docket No. 1213, order for a hearing to 
discuss the need to increase the funding to provide for 
more treatment beds and a greater level of counseling and 
education to combat the epidemic level of addiction to 
OxyContin (referred August 25) - recommending the or- 
der ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RELATFVE TO 



OCTOBER 6, 2004 



303 



AVAILABILITY OF DETOX FACILITY BEDS IN 
CITY (DOCKET NO. 1250) 

Councilor CONSALVO, on behalf of the Committee 
on Health and Human Services, submitted the following: 

Report on Docket No. 1250, order for a hearing rela- 
tive to the availability of detox beds in the City (referred 
September 1) - recommending the order ought to be 
placed on file . 

The report was accepted; the order was placed on 
file. 



ORDINANCE RE: ESTABLISHING PROCEDURES 
FOR CREATION, MAINTENANCE AND USE 
OF DOG RECREATION SPACES (DOCKET NO. 

1371) 

Councilors ROSS, HENNIGAN, TURNER, MC- 
DERMOTT, MURPHY, TOBIN, CONSALVO and FLA- 
HERTY offered the following: 

CITY OF BOSTON 
IN THE YEAR 2004 

AN ORDINANCE REGARDING 

ESTABLISHING PROCEDURES FOR 

THE CREATION, MAINTENANCE; 

AND USE OF DOG RECREATION SPACES 

WHEREAS, There are more than 8,000 licensed dogs 
and approximately 30,000 unlicensed dogs in the City of 
Boston; and 

WHEREAS, The City of Boston's leash law prohibits 
dogs from recreating off-leash in public areas; and 

WHEREAS, There is presently no process for legal- 
izing oflf-Ieash areas in the City of Boston for dogs to 
recreate; and 

WHEREAS, Brookline, Cambridge, Framingham, and 
other cities and towns within the Commonwealth of Mas- 
sachusetts have legalized dog recreation spaces; and 

WHEREAS, The City of Boston has two pilot projects 
for dog recreation spaces — one in a section of Boston 
Common and a second in the South End; and 

WHEREAS, Through an open, community-based pro- 
cess, dog recreation spaces can be created that can fit the 
needs of both dog owners and non-dog owners. NOW 
THEREFORE, 

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

Section 1. 

CBC Chapter XI is hereby amended by inserting Sec- 
tion 1 1-10 as follows: 

11-10 PARKS AND RECREATION DEPARTMENT. 

1 1-10.1 Overview. 

The City of Boston Parks and Recreation Department 
oversees 2,200 acres of parkland including 215 parks and 
playgrounds, 65 squares, 16 historic burying grounds, 3 
active cemeteries, 2 golf courses, a variety of urban wood- 
lands, and immeasurable street trees. The Department 
also programs a wide range of community events and 
live entertainment in the parks under its jurisdiction and 
employs Boston Park Rangers to monitor the parks and 
enhance public safety. Over the last 10 years, the Parks 
Department has implemented a $120 million rehabilita- 
tion of the City park system targeting every tot lot and 
most ball fields and hard courts. 

1 1-10.2 Dog Recreation Spaces 

1 1-10. 2(a) Introduction and Purpose. 

These sections delineate a community-initiated process 
for the City of Boston to establish dog recreation spaces 
within the City of Boston through the City's Parks and 
Recreation Commission and an external Applicant for a 
Boston Dog Recreation Space. The Applicant may be an 
individual, a group of individuals, or a formal organiza- 
tion. The process is community-initiated, and it remains 
community-centered by requiring the Applicant to remain 
actively involved in the maintenance of the space and the 



implementation of rules and regulations in and around the 
space. This ordinance is designed and intended to high- 
light and require a prominent role of the Applicant for a 
Boston Dog Recreation Space in the creation, establish- 
ment, funding, and maintenance of the dog recreation 
space. 

The Applicant will also assume a primary role in estab- 
lishing, promulgating, and compelling compliance with 
standards of conduct in and around the dog recreation 
spaces. 

The establishment of a dog recreation space requires 
measures of flexibility to allow for variations in space 
availability and the needs of the neighborhoods enjoying 
the dog recreation space; such flexibility may include the 
establishment of multi-use parks/areas. Although the City 
of Boston has a multitude of pre-existing commitments to 
other current recreational uses in the City's parks, it is the 
intention of the City to preserve the space and integrity of 
the City's tot lots, tennis courts, basketball courts, tracks, 
and baseball/softball fields, which shall in no way be di- 
minished or compromised by the siting/location of a Dog 
Recreation Space. 

1 1-I0.2(b) Definitions. 

Unless specifically indicated otherwise, these defini- 
tions shall apply and control in these sections. 

(a) Applicant is defined in CBC 1 1-1 0.2(c) 

(b) CBC means the City of Boston Code of Ordinanc- 
es. 

(c) Commissioner means the Commissioner of the 
Parks and Recreation Commission of the City of Boston 
or his/her designee, agent, or successor. 

(d) Dog Keeper means any person that supervises a 
dog entering a DRS, recreating within a DRS, or exiting 
aDRS. 

(e) Dog Officer means the Dog Officer of the City of 
Boston as identified in CBC 14-5 or his/her designee, 
agent, or successor. 

(f) Dog Recreation Space or DRS means any area of 
land, including but not limited to an area within existing 
public or park space, that, pursuant to CBC 1 1-10.2, has 
been specifically designated as a Dog Recreation Space. 

(g) MOA means a Memorandum of Agreement be- 
tween the Parks and Recreation Commission and the Ap- 
plicant which delineates the understanding and/or agree- 
ment of the roles and responsibilities for the creation, 
maintenance, and operation of a DRS. 

(h) Owner means any person that owns a dog entering a 
DRS, recreating within a DRS, or exiting a DRS whether 
or not the Owner is acting as a Dog Keeper. 

(i) Park Ranger means any Ranger of the Parks and 
Recreation Department of the City of Boston. 

(j) Parks and Recreation Commission means the Parks 
and Recreation Commission of the City of Boston as iden- 
tified in CBC 7-4. 1 or its designee, agent, or successor. 

1 1-10.2(c) Applicant for a Dog Recreation Space. 

Applicant means a group of ten ( 1 0) individuals that 
applies for and/or receives approval for the designation of 
a Dog Recreation Space. Nothing in these sections shall 
prevent a pre-existing "Friends" group from acting as an 
Applicant. Each person comprising the Applicant shall be 
a resident of the City of Boston and, if a neighborhood 
civic association exists for the area in which the Appli- 
cant's DRS is sought to be sited then one of the persons 
comprising the Applicant shall be the President or Chair- 
man of the neighborhood civic association of the area. 

The Applicant shall designate one person to be the 
sole contact for communication with the City, and the 
person so designated may be changed by the Applicant 
only by forwarding written notice to the Commissioner. 
No person other than the person so designated on the 
application, or changed in accordance with the terms of 
this paragraph, shall have authority or standing to interact 
with the City regarding a specific DRS. Unless designated 
on the application, no individual user of a DRS shall have 
authority or standing to interact with the City regarding a 
specific DRS. 

11 -10.2(d) Procedure for Establishing and Designating 
a Dog Recreation Space. 

No Dog Recreation Space may be established without 



304 



CITY COUNCIL 



the express written authorization of the Commissioner. 

( 1 ) Application. The Applicant may apply to the Com- 
missioner for the establishment of a Dog Recreation 
Space, and such application shall be submitted to the Ex- 
ecutive Secretary of the Parks and Recreation Commis- 
sion. The application shall include, but not be limited to, 
(i) the proposed specific site for the DRS, (ii) the specific 
dimensions of the proposed area for the DRS, (iii) the 
specific method, including materials, of separation/segre- 
gation of the DRS fi^om the adjoining/surrounding area, 
(iv) the proposed methods, materials, and/or procedures 
for the placement and maintenance of ground cover, trash 
receptacles, benches, lights, signage, and water fountain/ 
hose, which support the comfortable use of the DRS, (v) 
a proposed plan for construction of the DRS including a 
timeline for construction of the DRS and a plan for fund- 
ing the construction of the DRS including but not limited 
to the collection of membership fees, the collection of 
user fees, private-sector fundraisers, private sector dona- 
tions, and/or partnerships with businesses, (vi) a proposed 
plan for the maintenance of the DRS including a plan for 
funding the maintenance of the DRS including but not 
limited to the collection of membership fees, the collec- 
tion of user fees, private-sector fiindraisers, private sector 
donations, and/or partnerships with businesses, (vii) an 
estimate of the number of dogs that will use the DRS, 
(viii) the hours of operation of the DRS but such hours 
shall not extend beyond the hours noted in CBC 11-10. 2(f), 
(ix) a certification signed by the Applicant that the Ap- 
plicant notified the abutters of the proposed DRS of the 
application, (x) a description of the Applicant's efforts to 
obtain input fi^om the immediate community/neighbor- 
hood regarding the DRS including a list of addresses 
from which input was obtained and which may include a 
petition signed by identifiable members of the immediate 
community /neighborhood, (xi) a letter or memorandum 
of support or a letter or memorandum of non-opposi- 
tion, from the neighborhood civic association overseeing 
the proposed site of the DRS referencing the DRS, (xii) 
an identification of and description of any organization 
overseeing the operation and/or management of the DRS, 
(xiii) a draft proposed MOA in a form substantially simi- 
lar to the form annexed to this ordinance and in a form 
that, at a minimum, shall contain all of the sections in 
the draft proposed form MOA annexed to this ordinance, 
(xiv) any other information the Commissioner may re- 
quire, and (xv) the signatures of each person constituting 
the Applicant or, if the Applicant is comprised of one or 
more organizations, the signatures of the officers of such 
organization(s). No application may be considered unless 
the application contains materials that completely satisfy 
the requirements of this sub-section. 

(2) Review and Decision. The Applicant shall submit 
the application to the Commissioner, through the Execu- 
tive Secretary of the Parks and Recreation Commission, 
who shall review the application and shall accept the 
written comments of the residents of the neighborhood in 
which the DRS is proposed to be sited and consider such 
comments before issuing a written decision regarding the 
application. The Commissioner shall issue a written deci- 
sion no later than the sixtieth (60th) calendar day after the 
Commission's first meeting subsequent to the Commis- 
sioner's receipt of the application. If the Commissioner 
disapproves the application then the Commissioner shall 
forward a copy of the disapproval, complete with reasons 
for the disapproval, to the Applicant. If the Commissioner 
approves the application then the Commissioner shall 
promptly forward written notification of the approval to 
the Applicant. The approval of the Commissioner shall 
contain as a condition for the designation of a proposed 
area as a DRS a requirement for the Applicant to deposit 
with the Commissioner an amount of money determined 
at the sole discretion of the Commissioner to be adequate 
to close and dismantle the DRS as planned in the Applica- 
tion, and such deposit shall be used to close and dismantle 
the DRS upon the expiration, forfeiture, revocation, or 
other final termination of the DRS designation if the Ap- 
plicant fails or refuses to dismantle the DRS within thirty 
(30) calendar days ofthe expiration, forfeiture, revocation, 



or other final termination ofthe DRS designation. 

The size of the DRS shall be at the sole discretion of 
the Commissioner, and the Commissioner shall consider 
the proportion ofthe DRS to the gross area ofthe park in 
which the proposed DRS is located. 

The approval of the Commissioner may contain other 
conditions for the designation of the proposed area as a 
DRS. 

(3) Acceptance. The area proposed in an application 
that has been approved by the Commissioner shall be des- 
ignated a Dog Recreation Space if the Applicant, no later 
than the fourteenth (14th) calendar day after receipt ofthe 
Commissioner's notice of approval, accepts, in writing, 
the decision of the Commissioner including any condi- 
tions attached thereto and remits the required deposit. If 
the Commissioner does not receive an acceptance and 
deposit within the fourteen- (14-) day period then the of- 
fered designation shall lapse. 

(4) Probation. Upon acceptance, an area's initial desig- 
nation as a DRS shall be effective for a one ( 1 ) year pro- 
bationary period wherein the Commissioner may revoke 
the designation at the Commissioner's discretion. 

(5) Expiration/Sunset/Renewal. The designation of an 
area as a DRS shall expire on the fifth (5th) anniversary 
of its acceptance. The Applicant may submit a renewal 
application to the Commissioner no earlier than one hun- 
dred twenty ( 1 20) calendar days before the date of the 
fifth (5th) anniversary of acceptance of the designation 
as a DRS or the most recent renewal thereof and no later 
than thirty (30) calendar days after the fifth (5th) anni- 
versary of the acceptance or renewal of the designation. 
The Applicant is not required to apply for renewal, and 
any DRS that is not successfiilly renewed shall be closed 
and dismantled by the Applicant within ninety (90) cal- 
endar days after the fifth (5th) anniversary ofthe accep- 
tance or renewal of the designation as a DRS unless the 
Commissioner forwards other instructions in writing to 
the Applicant. The Applicant may apply for renewal of a 
designation by submitting a written request therefor to the 
Commissioner. The Commissioner shall consult with the 
Dog Officer regarding the renewal and shall, in writing, 
approve or reject the renewal within thirty' (30) calendar 
days of receipt of the request for renewal. Upon receipt 
of a rejected renewal, the Applicant shall close and dis- 
mantle the DRS. 

(6) Re-Application. Nothing in these sections prohibits 
the Applicant fi-om reapplying if it has received notice of 
disapproval of an application or if it has allowed an of- 
fered designation to lapse from re-applying. The Appli- 
cant may not submit more than two (2) re-applications 
for the same DRS, and the Commissioner may not review 
more than two (2) reapplications for the same DRS. 

(7) Design and Construction Approval. At all times, 
the Parks and Recreation Commission shall have final ap- 
proval authority over any and all aspects of design and 
construction and no DRS designation may begin opera- 
tions as a DRS without the final approval ofthe Commis- 
sioner. 

11- 10.2(e) Managing a Dog Recreation Space. 

The Applicant shall promulgate rules and regulations 
for the use of a DRS. Any rules and regulations shall not 
be more permissive than the current laws, ordinances, 
orders, rules, regulations, and/or policies governing the 
operation and use of public spaces, public parks, and/or 
Dog Recreation Spaces but may, however, be more re- 
strictive than the current laws, ordinances, orders, rules, 
regulations, and/or policies governing the operation and 
use of public spaces, public parks, and/or Dog Recreation 
Spaces. Rules and regulations shall be posted at the DRS, 
and any signage must be in compliance with CBC 1 1-10.2 
and with the City of Boston's guidelines. 

Complaints regarding a DRS shall be directed to the 
Commissioner which shall notify the Applicant of any 
complaint within five (5) business days. 

The Applicant shall be responsible for the manage- 
ment of the DRS. Upon notice to the Applicant of any 
violation, the Applicant shall have fourteen (14) calendar 
days to correct any violation. The Applicant shall notify 
the Dog Officer of any serious incidents, including but 



OCTOBER 6, 2004 



305 



not limited to accidents resulting in human or dog injury, 
any dog bite of a human or another dog, and any verbal 
or physical altercations between humans, at the DRS and 
of any troublesome and/or recidivist dogs. Dog Keepers, 
Owners, and/or other users of the DRS. The Applicant 
shall notify the Dog Officer of any patterns of objection- 
able or unsafe behavior or patterns of objectionable or un- 
safe occurrences for correction or remediation. The Dog 
Officer and the Applicant shall have the authority to ban 
any dog and/or any Dog Keeper fi-om a DRS. Uncorrected 
violations at a DRS, a single serious incident or a pat- 
tern of serious incidents at a DRS, or other circumstances 
compromising public health or public safety may result in 
temporary closing of the DRS for a defined period of time 
and/or suspension, forfeiture, or revocation of the DRS 
designation. 

The Maintenance Division of the Parks and Recreation 
Department shall not be responsible for the maintenance 
of a DRS. The Commissioner shall supply and maintain 
an adequate number of trash receptacles for each DRS. 
The Applicant shall immediately advise the Commission- 
er of any concerns with the adequacy or maintenance of 
the trash receptacles. 

The Applicant shall have the authority to recommend 
to the Commissioner that a DRS be temporarily closed for 
a defined period of time and/or suspension or forfeiture of 
its status as a DRS. 

1 1-10. 2(f) Use of a Dog Recreation Space. 

The use of a Dog Recreation Space shall be subject to 
the following conditions: 

( 1 ) No dog may enter a DRS or recreate within a DRS 
unless it is licensed and vaccinated for rabies. No dog 
may enter a DRS or recreate within a DRS unless it is 
wearing a collar with the license, the vaccination tag, and 
a tag with the dog's name. Owner's name, and Owner's 
telephone number secured to the collar at all times. 

(2) No dog may enter a DRS unless it is more than four 
(4) months old. 

(3) No person may enter a DRS unless he/she is eigh- 
teen (18) years of age or older unless he/she is accompa- 
nied by an adult which shall be responsible for the actions 
of the minor and any dog supervised by such minor. 

(4) Except under exigent circumstances, no person in 
or near a DRS shall run, shout, scream, wave, or engage 
in any behavior that excites or antagonizes a dog in or 
near the DRS or in any way violate the cruelty laws, in- 
cluding but not limited to M.G.L. c. 272, s. 77 and all 
persons shall note the liability restrictions in M.G.L. c. 
140, s. 155. 

(5) No female dog in heat may enter a DRS. 

(6) No dog shall enter or exit the DRS unless restrained 
by a Dog Keeper on a leash complying with the require- 
ments of the City of Boston Code and each and every 
Dog Keeper must have a leash for each and every dog so 
handled on his/her person at all times. 

(7) Each and every Dog Keeper must vigilantly su- 
pervise his/her dog(s), including but not limited to, (i) 
remaining within the DRS at all times during which his/ 
her dog(s) is within the DRS, (ii) keeping his/her dog(s) 
within sight, (iii) maintaining adequate behavioral control 
over his/her dog(s) within and around a DRS, (iv) imme- 
diately filling any hole created by his/her dog(s) within 
and around a DRS and disciplining his/her dog from dig- 
ging within and around a DRS, and (v) immediately re- 
moving and properly disposing of any and all dog waste 
from within and around a DRS. 

(8) Each and every Dog Keeper must remove his/her 
dog from a DRS at the first sign of aggression from his/ 
her dog(s) even if the aggression is defensive, retaliatory, 
or provoked. Dog Keepers and dogs within a DRS remain 
subject to the requirements, provisions, and penalties of- 
CBC 16-1. 98 and M.G.L. c. 140, s. 157. 

(9) No Dog Keeper may bring more than three (3) dogs 
into or around a DRS at one time. 

(10) In no event may bicycles, roller blades, roller 
skates, scooters, skateboards, strollers, or other similar 
items enter a DRS. Wheelchairs are expressly permitted 
within a DRS. 

( 11 ) In no event may a Dog Keeper or dog enter a DRS 



after 1 1 :00 pm or before 6:00 am. 

(12) Use of a DRS shall constitute (i) the consent of the 
user. Dog Keeper, and/or Owner to all of the laws, ordi- 
nances, orders, rules, regulations, and policies governing 
the operation and use of a DRS, (ii) a waiver of the user. 
Dog Keeper, and/or Owner of any liability of the City of 
Boston for any injury or damage arising as a result of the 
use of a DRS, and (iii) the agreement of the user, Dog 
Keeper, and/or Owner to protect, indemnify, defend, and 
hold harmless the City of Boston for any injury or dam- 
age arising as a result of the use of a DRS. 

Nothing in these sections shall prohibit the develop- 
ment and employment of a specific program to regulate 
the use of Dog Recreation Spaces which may require li- 
censes and/or fees. 

11 -10.2(g) Education Program. 

The Applicant shall create and implement educational 
programs regarding the laws, ordinances, orders, rules, 
regulations, and policies regarding dogs, dogs in public 
spaces, and the use of Dog Recreation Spaces. With the 
cooperation and funding of the Applicant, the Commis- 
sioner shall install signage at each DRS summarizing the 
laws, ordinances, orders, rules, regulations, and policies 
of Dog Recreation Spaces, provided that the size, content, 
and placement of such signs are approved by the Dog Of- 
ficer. The signage shall include (i) the name, address, and 
telephone number of the Applicant, (ii) the name, address, 
and telephone number of any organization, if such organi- 
zation is not the Applicant, overseeing the operation and/ 
or management of the DRS, (iii) the title and telephone 
number of the Dog Officer, and (iv) the name and tele- 
phone number of the Department. 

The Dog Officer, pursuant to CBC 7-9.2, shall conduct 
educational programs relating to animal control as it shall 
deem necessary or desirable. 

1 1- 10.2(h) Violations and Penalties. 

A first violation of these sections in any calendar year 
shall be subject to a fine of One Hundred Dollars and No 
Cents ($10(5.00). A second violation of these sections in 
any calendar year shall be subject to a fine of Two Hun- 
dred Dollars and No Cents ($200.00). A third violation 
of these sections in any calendar year shall be subject to 
a fine of Three Hundred Dollars and No Cents ($3()0.00). 
Any single violation may be subject to revocation of the 
privileges of the Dog Keeper and the Dog Keeper's dog(s) 
to enter a DRS or recreate within a DRS. In the event 
that the penalties delineated in this sub-section conflict 
with other fines authorized by the City of Boston then the 
penalty imposed pursuant to this sub-section shall supple- 
ment any other penalty. 

A pattern of violations at any DRS may result in tem- 
porary closing of the DRS by the Commissioner for a 
defined period of time and/or suspension, forfeiture, or 
revocation of the DRS designation. 

ll-10.2(i) Suspension, Forfeiture, and/or Revocation 
of Designation as Dog Recreation Space and Closure. 

The Commissioner shall have the authority to sus- 
pend, revoke, or deem forfeited a DRS designation. At the 
Commissioner's sole discretion, the Commissioner may 
suspend, revoke, or deem forfeited a DRS designation for 
reasons including, but not limited to, a violation of these 
sections, a violation of the MOA, or a failure or refusal to 
abide by the terms of the MOA. 

The Commissioner shall immediately suspend, revoke, 
or deem forfeited the DRS designation upon a written 
recommendation of the Dog Officer citing an incident or 
incidents at or near a DRS that compromise or jeopardize 
the public health or public safety. 

A suspension shall not be considered punitive but shall 
be for a limited time not to exceed thirty (30) calendar 
days and for a limited purpose which shall be specified in 
a written notice of suspension forwarded to the Applicant, 
and the Commissioner shall close the DRS for the dura- 
tion of the suspension. A suspension shall be deemed to 
be a warning to the Applicant and the users of the DRS. 
A summary of the reasons for the suspension, the term of 
the suspension, and the terms for lifting the suspension 
shall be posted at the DRS. 

The Applicant shall be solely responsible for ensur- 



306 



CITY COUNCIL 



ing that the condition(s) requiring correction pursuant to 
a notice of suspension are subsequently corrected. If the 
condition(s) in the notice of suspension are not corrected 
within the Hmited time of the suspension, then the Com- 
missioner may, in the Commissioner's sole discretion, re- 
voke or deem forfeited the DRS designation upon written 
notice to the Applicant, and the Commissioner may order 
the Applicant to close and dismantle the DRS immediate- 
ly upon the conclusion of any appeal period or the Com- 
missioner may close and dismantle the DRS immediately 
upon the conclusion of any appeal period. 

The Applicant may appeal a revocation or forfeiture of 
a DRS upon written notice of appeal to the Commissioner 
which shall be delivered to the Commissioner within ten 
(10) calendar days of the notice of revocation/forfeiture. 
The Commissioner shall schedule a hearing and inform 
the Applicant of the date, time, and place of the hearing 
in writing. The hearing shall commence within thirty (30) 
calendar days after the date of the notice of revocation/ 
forfeiture. At the hearing, the Applicant shall be given an 
opportunity to be heard, to present witnesses or documen- 
tary evidence, and to show why the notice of revocation/ 
forfeiture should be modified or withdrawn. An official 
record shall be kept of the hearing proceedings and made 
available to the Applicant upon request. Failure to hold a 
hearing within the time period specified herein shall not 
affect the validity and/or enforceability of any notice of 
revocation/forfeiture. 

If a written notice of appeal is not filed with the Com- 
missioner within ten (10) calendar days after the date of 
the notice of revocation/forfeiture or if after a hearing the 
notice of revocation/forfeiture has been sustained in any 
part, then the notice of revocation/forfeiture shall be en- 
forceable pursuant to the provisions of these sections. 

1 l-10.2(j) Limited Exception to CBC 16-1.9. 

Although the purpose and intent of CBC 16-1.9 shall 
be effective at all times, a dog and its Dog Keeper shall 
benefit fi-om a limited exception to CBC 16-1.9. Specifi- 
cally, the narrow provision of CBC 16-1.9 prohibiting a 
dog to run at large in a public place shall be stayed while 
a Dog Keeper is supervising his/her dog recreating within 
the confines of a Dog Recreation Space. As noted in a 
previous section, all dogs must be leashed while enter- 
ing or exiting the Dog Recreation Space and shall remain 
leashed at all times outside the Dog Recreation Space. 

1 l-10.2(k) Regulatory Authority. 

The Commissioner of the Parks and Recreation De- 
partment pursuant to CBC 7-4,8 or otherwise and the 
Commissioner of the Parks and Recreation Commission 
shall have the authority to promulgate rules and regula- 
tions necessary to implement and enforce these sections. 

1 1-10.2(1) Enforcement Authority. 

The Commissioner of the Parks and Recreation De- 
partment, the Dog Officer, the Commissioner of the Bos- 
ton Police Department, and the Commissioner of the Bos- 
ton Municipal Police Department shall have the authority 
to implement and enforce these sections and any rules and 
regulations promulgated pursuant thereto. 

Il-10.2(m) 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. 

1 1-I0.2(n) Harmonious Construction. 

These sections shall be construed harmoniously with 
all laws, ordinances, orders, rules, regulations, and poli- 
cies regarding parks, public spaces, and animal control 
such that all laws, ordinances, orders, rules, regulations, 
and policies effectively provide the greatest level of pub- 
lic health, public safety, equity, and fairness. 

11-10.2(0) Savings Clause. 

Nothing in these sections shall operate to invalidate any 
dog park existing at the time of passage of these sections. 
Nothing in these sections shall prevent an Applicant from 
undertaking the application process for any dog park ex- 
isting at the time of passage of these sections to become a 
DRS pursuant to these sections subject to all of the rights, 
responsibilities, obligations, and duties therein. 



Nothing in these sections shall operate to invalidate 
any dog park that has been designed and' or approved by 
the Parks and Recreation Department or the Parks and 
Recreation Commission prior to the passage of these sec- 
tions, and nothing in these sections shall prevent an Ap- 
plicant fi-om undertaking the application process for any 
such dog park to become a DRS pursuant to these sections 
subject to all of the rights, responsibilities, obligations, 
and duties therein. 

ll-10.2(p) Sunset Clause. 

The provisions of these sections shall be effective only 
until the fifth (5th) anniversary of the date of passage im- 
less extended by an order of the Boston City Coimcil and 
approved by the Mayor of the City of Boston no later than 
the ninetieth (90th) day following the fifth anniversary of 
the date of passage. 

The provisions of these sections may be serially ex- 
tended by an order of the Boston City Council and ap- 
proved by the Mayor of the City of Boston no later than 
the ninetieth (90th) day following the fifth anniversary of 
the date of extension. No individual extension of these 
sections may be for a period longer than five (5) years. 

1 1-10.2(4) Implementation. 

The provisions of these sections shall be effective sixty 
(60) calendar days after passage. 

Section 2. 

CBC Chapter XVI is hereby amended by striking Sec- 
tion 16-I.10A(c) in its entirety and replacing it as fol- 
lows: 

c. Method of Removal and Disposal. For the purposes 
of this subsection, the means of removal shall be any plas- 
tic bag, tool, implement, or other device carried and used 
for the purpose of picking up and containing such feces, 
unexposed to said person and unexposed to the public. 
Disposal shall be accomplished by transporting such fe- 
ces to a trash receptacle or other place suitable for the 
disposal of waste, trash, or debris. 

Section 3. 

CBC Chapter XVIII is hereby amended by amending 
Section 18-1.4(6) by striking the term "eight (S8.00) dol- 
lars" and replacing it with "fifteen dollars (SI 5.00)" and 
by striking the term "nineteen ($19.00) dollars" and re- 
placing it with "thirty dollars ($30.00)". 

CBC Chapter XVIII is hereby amended by amending 
Section 18-1.4(7) by striking the term "five ($5.00) dol- 
lars and replacing it with "eight dollars ($8.00)". 

CBC Chapter XVIII is hereby amended by amending 
Section 18-1.4(8) by striking the term "five dollars and 
fifty ($5.50) cents" and replacing it with "eight dollars 
($8.00)". 

CBC Chapter XVIII is hereby amended by amending 
Section 18-1.4(9) by striking the term "four dollars and 
fifty ($4.50) cents" and replacing it with "eieht dollars 
($8.00)". 

CBC Chapter XVIII is hereby amended by amending 
Section 18-1.4(10) by striking the term "five ($5.00) dol- 
lars" and replacing it with "eight dollars ($8.00)". 

Section 4. 

The provisions of these sections shall be effective im- 
mediately, but enforcement of fines shall not be autho- 
rized until the sixtieth (60th) calendar day after passage. 

MEMORANDUM OF AGREEMENT 

BY AND BETWEEN CITY OF BOSTON'S 

PARKS AND RECREATION COMMISSION AND 

APPLICANT FOR A BOSTON DOG RECREATION 

SPACE 

WHEREAS, the City of Boston Code of Ordinances 
establishes procedures for the creation, maintenance, and 
use of dog recreation spaces in CBC 1 1-10.2. et seq.: and 

WHEREAS, CBC 1 l-10.2(d)(l) delineates the re- 
quirements of an application to establish a dog recreation 
space, and the application requires the submission of a 
proposed Memorandum of Agreement ("MOA") and 
CBC Il-10.2(i) includes provisions for the suspension, 
forfeiture, and/or revocation of designation as dog recre- 
ation space and closure for, among other things, failure or 
refusal to abide by the terms of this agreement. 



OCTOBER 6, 2004 



307 



NOW THEREFORE, this Agreement for the establish- 
ment, design, construction, and maintenance of a dog 

recreation space located 

at in the 

neighborhood of the City of Boston ("Dog Recreation 
Space") is hereby made between the City of Boston 
through its Commissioner of the Parks and Recreation 
Commission with its main office at 1010 Massachusetts 
Avenue, Third Floor, Boston, MA, 02118, ("Commis- 
sion") and the 

Applicant with its main office at 

("Applicant") is made as of this 

day of 200 . 



Section 1. Establishment and Design. 

The Applicant shall be solely responsible for establish- 
ing and designing the Dog Recreation Space using its own 
resources. The Commission shall have final approval au- 
thority over any and all aspects of design. The Commis- 
sion and/or other officers, employees, or officials of the 
City of Boston may provide technical assistance regard- 
ing establishment and design to the Applicant but shall 
not make more than incidental expenditures of resources 
therefor. The Applicant shall remit to the Commission the 

amount of Dollars and No Cents 

($ .00) as a deposit for the closing and disman- 
tling of the Dog 

Recreation Space in accordance with Section 7 of this 
MOA. 

Section 2. Construction. 

The Applicant shall be solely responsible for fiind- 
ing the construction and outfitting of the Dog Recreation 
Space using its own resources. The Commission and/or 
other officers, employees, or officials of the City of Bos- 
ton may perform the construction duties and outfit the 
Dog Recreation Space with fixtures and/or other ameni- 
ties, but the Applicant shall provide adequate fiinds to the 
Commission prior to the commencement of construction. 
The Commission and/or other officers, employees, or of- 
ficials of the City of Boston may provide technical as- 
sistance regarding construction to the Applicant but shall 
not make more than incidental expenditures of resources 
therefor. 

Section 3. Maintenance. 

The Maintenance Division of the Parks and Recreation 
Department shall not be responsible for the maintenance 
of a DRS. The Applicant shall be primarily responsible 
for maintaining the Dog Recreation Space using its own 
resources. The Commission and/or other officers, employ- 
ees, or officials of the City of Boston may perform the 
construction duties and outfit the Dog Recreation Space 
with fixtures and/or other amenities, but the Applicant 
shall provide adequate fijnds to the Commission prior to 
the commencement of construction and shall reimburse 
the Commission immediately upon receipt of notice of 
additional disbursement. The Commission and/or other 
officers, employees, or officials ofthe City of Boston may 
provide technical assistance regarding construction to the 
Applicant but shall not make more than incidental expen- 
dittires of resources therefor. 

Section 4. Enforcement. 

Although the City of Boston through its Parks and 
Recreation Commission, Police Department, and Dog Of- 
ficer assume the primary responsibility and authority for 
enforcement imder the law at the Dog Recreation Space, 
the Applicant shall assume an active role in the enforce- 
ment of the community standards upon which the laws, 
ordinances, orders, rules, regulations, and policies are 
based. Furthermore, the Applicant shall cooperate with 
the City of Boston on enforcement programs, and the Ap- 
plicant shall undertake education programs to ensure that 
the users ofthe Dog Recreation Space are informed ofthe 
community standards and/or expectations associated with 
use of the Dog Recreation Space and the legal expecta- 
tions associated with use ofthe Dog Recreation Space. 

Section 5. Special Provisions. 

«this section shall be used for the conditions, terms, 
and/or provisions that are specific to the DRS that is the 
subject of this MOA» 

Section 6. Applicability. 



The parties to this MOA acknowledge that CBC 1 1- 
10.2(i) includes provisions for the suspension, forfeiture, 
and/or revocation of designation as dog recreation space 
and closure for, among other things, failure or refiisal to 
abide by the terms ofthe applicable MOA. 

The parties to this MOA acknowledge that CBC 11- 
10.2(d)(5) provides that the DRS designation expires on 
the fifth (5th) anniversary ofthe Applicant's acceptance 
of the DRS designation. The DRS designation may be 
renewed by the Applicant only if the Applicant complies 
with the terms of renewal in CBC 1 1-1 0.2(d)(5). 

Section 7. Closure. 

Upon revocation, forfeiture, expiration, or other final 
termination of the DRS designation, the Applicant shall 
close and dismantle the DRS within the sooner of thirty 
(30) calendar days or the specific terms of CBC 11-10- 
2; upon the Applicant's adequate completion ofthis task 
then the Commissioner shall return the deposit monies to 
the Applicant. Ifthe Applicant fails or refuses to close and 
dismantle the DRS then the Commissioner shall use the 
deposit monies to close and dismantle the DRS. 

Section 8. Conflict. 

In the event that this MOA conflicts with CBC 11-10 
then CBC 11-10 shall control. 

CITY OF BOSTON 

By: 

Name: 

Title: 

APPLICANT FOR BOSTON DOG RECREATION 
SPACE 



By:. 



Name: 
Title: 

Referred to the Committee on Government Opera- 
tions. 



ORDER RE: SPECIAL ACTS/HOME RULE PETI- 
TIONS FNVOLVING RETIREMENT OR DIS- 
ABILITY BENEFITS FOR INDIVIDUALS 
(DOCKET NO. 1372) 

Councilors CONSALVO, MCDERMOTT, FEENEY, 
MURPHY, FLAHERTY, ROSS, TURNER, TOBIN, 
HENNIGAN and ARROYO offered the following: 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDER REGARDING 

SPECIAL ACTS/HOME RULE PETITIONS 

INVOLVING RETIREMENT OR DISABILITY 

BENEFITS FOR INDIVIDUALS 

WHEREAS, The City of Boston seeks to protect the 
retirement and disability benefits ofthe array of employ- 
ees that dutifully serve the businesses, residents, visitors, 
and neighborhoods of Boston, endeavoring to ensure that 
individuals receive the benefits that they deserve while 
preserving the fiscal health ofthe fiind; and 

WHEREAS, The Commonwealth of Massachusetts has 
promulgated a host of legislation involving and directing 
benefits for public sector employees who are injured in the 
workplace resulting in a permanent inability to continue 
performing in their current positions and capacities; these 
benefits are (i) capped at 60% tax-free pay and medical 
benefits for civilians and 72% tax-free pay and medical 
benefits for all permanently injured employees and (ii) 
administered through the formalized systems ofthe State- 
Boston Retirement Board for objective evaluation of each 
set of circumstances, including comprehensive input from 
the employee, the employer, and medical professionals in 
order to ensure consistent and fair assessment of injuries 
and awarding of benefits; and 

WnEREAS, Occasionally, however, injuries occur that 
are so tragic and catastrophic in impact to the employee 



308 



CITY COUNCIL 



that the City Council, the Mayor, and the General Court of 
the Commonwealth of Massachusetts seek to compensate 
the employee beyond the legislatively-capped benefits; 
often, the employee under such circumstances is a Police 
Officer or Fireman injured while heroically protecting the 
lives and homes of the people of Boston; and 

WHEREAS, This distinctive path to retirement and/or 
disability benefits, referred to as a Special Act, was not 
designed to engage the formalized systems of the State 
Boston Retirement Board; consequently, the decision of 
the City Council, the Mayor, and the General Court may 
be compromised by a lack of information that would have 
otherwise been reaped by the Retirement Board's thor- 
ough and formalized processes that collect input from the 
employee, the employer, and medical professionals which 
could lead to an inadvertently inequitable determination 
with a potentially negative impact on the employee; and 

WHEREAS, The City of Boston seeks to eliminate 
confusion, eradicate error, establish uniformity of process 
and consistency of decision making, and ensure fairness 
by seeking the guidance of experts in the various disci- 
plines affecting the Special Act processes involving the 
governing bodies of the City of Boston (Boston City 
Council and Mayor), the governing bodies of the Com- 
monwealth of Massachusetts (General Court and Gover- 
nor), and the interface between these two levels of gov- 
ernment, the Office of Intergovernmental Relations of the 
City of Boston. NOW THEREFORE BE IT 

ORDERED, Upon the concurrence of the Mayor of the 
City of Boston, a Commission shall be established within 
sixty (60) calendar days to examine the current processes 
of the Boston City Council and the Mayor of the City of 
Boston regarding the Special Act processes involving re- 
tirement and/or disability benefits for individuals. BE IT 
FURTHER 

ORDERED, The Commission shall be comprised of 
(i) the Commissioner of the Boston Police Department 
or his/her designee, (ii) the Commissioner of the Boston 
Fire Department or his/her designee, (iii) a representative 
fi^om the Boston Municipal Research Bureau, (iv) a repre- 
sentative from the Boston Police Patrolmen's Association, 
(v) a representative from Local 718 of the International 
Association of Fire Fighters, (vi) a Medical Doctor spe- 
cializing in workplace injuries, and (vii) the Executive 
Officer of the Board of the State-Boston Retirement Sys- 
tem or his/her designee. BE IT FURTHER 

ORDERED, The Commission shall present a writ- 
ten report to the Mayor of the City of Boston and to the 
President of the Boston City Council within one hundred 
eighty (180) calendar days of the founding of the Com- 
mission, and the report shall offer recommendations to 
the Mayor and the City Council for (i) the standards by 
which the Boston City Council and the Mayor of the City 
of Boston should evaluate and consider Special Act re- 
garding retirement and/or disability benefits and (ii) the 
procedures by which the Boston City Council and the 
Mayor of the City of Boston should evaluate and consider 
Special Acts regarding retirement and/or disability ben- 
efits. BE IT FURTHER 

ORDERED, The Boston City Council and/or the May- 
or of the City of Boston shall not consider or act on any 
requests for a Special Act involving retirement and/or dis- 
ability benefits for an individual until thirty (30) calendar 
days have passed from the submission of the Commis- 
sion's report; specifically excepted from this limitation 
is any Special Act filed with the City Clerk of the City 
of Boston by the Mayor or a Boston City Councillor, 
docketed and inserted onto the agenda of the Boston City 
Council, and assigned to a Committee of the Boston City 
Council prior to the date of passage of this order by the 
Boston City Council. 

Referred to the Committee on Government Opera- 
tions. 



Councilors HENNIGAN, FEENEY, TURNER and 
ARROYO offered the following: 

WHEREAS: Two women were abducted and brutally 
raped within nine days of one another; and 

WHEREAS: A policy decision was made administra- 
tors not to immediately public after the first incident; and 

WHEREAS: It was only after the second incident that 
the public and the media were made aware of this very 
serious public safety threat; therefore be it by police no- 
tify the 

ORDERED: That the appropriate committee of the 
Boston City Council convene a hearing with the appropri- 
ate police officials to speak to changing the notification 
policy so whenever a public safety threat of this nature 
occurs the public is immediately notified so they can take 
appropriate precautions. 

Referred to the Committee on Public Safety. 



ORDER FOR HEARING RE: 1.9 ACRE PARCEL OF 
LAND ON MALCOLM X BOULEVARD (DOCK- 
ET NO. 1374) 

Councilors MCDERMOTT and TOBIN offered tbe 
following: 

WHEREAS: A 1.9 acre parcel of land on Malcolm 
X Boulevard, valued at over $400,000 was sold below 
fair market value to the Islamic Society of Boston for 
$175,000 and a series of in-kind benefits to Roxbury 
Community College; and 

WHEREAS: The in-kind benefits to Roxbury Commu- 
nity College are slated to include $1 15,598 in lectures and 
$80,000 of books for an Islamic Library; and 

WHEREAS: There are questions of how to monitor the 
value and future implementation of in-kind contributions 
to Roxbury Community College; Therefore be it, 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to examine the facts 
and circumstances (i) the efficiency and effectiveness of 
this conveyance and the programs related thereto and 
(ii) the administrative compliance with the intent of all 
relevant legislation, regulations, and policies, including, 
but not limited to, the valuation of the property, the terms 
of its conveyance, and the monies paid'promised to be 
paid for the conveyance of the property. The appropriate 
committee of the Boston City Council shall collect and 
analyze data in order to review this transaction. Repre- 
sentatives from the Law Department, the Boston Rede- 
velopment Authority, the Department of Neighborhood 
Development, the Inspectional Services Department, and 
other interested parties shall be invited to attend. 

Referred to the Committee on Post Audit and Over- 
sight. 



ORDER FOR HEARING ON POLICE NOTIFICA- 
TION POLICY RE: PUBLIC SAFETY THREATS 
(DOCKET NO. 1373) 



ORDER FOR HEARING TO DISCUSS BHA'S NEW 
INSPECTION APPROVAL POLICY FOR SEC- 
TION 8 TENANTS (DOCKET NO. 1375) 

Councilors ARROYO, FLAHERTY and TURNER of- 
fered the following: 

WHEREAS: The Boston Housing Authority is the 
largest landlord in Boston and the largest public housing 
authority in New England. As such, the BHA houses ap- 
proximately 10 percent of the city's residents through its 
programs; and 

WHEREAS: Boston's residents face consistently in- 
creasing rents and other housing costs, large proposed 
cuts to the federal Section 8 program which could result 
in the loss of thousands of Massachusetts vouchers in 
FY05, and other potential cuts to local, state and national 
housing assistance programs; and 

WHEREAS: The Boston Housing Authority recently 
implemented a new policy requiring apartments to pass a 



OCTOBER 6, 2004 



309 



new inspection more tiian five (5) weeks prior to the lease 
effective date; and 

WHEREAS: This new BHA policy may significantly 
reduce the portability of "mobile" Section 8 vouchers by 
restricting options available to landlords/property owners 
who may have to lose one months rent by waiting for this 
inspection process; and 

WHEREAS: This new inspections policy is one of 
several factors that restrict the portability of Section 8 
vouchers including the alleged unwillingness of some 
local housing authonties (LHAs) to take Section 8 ten- 
ants, the reported unwillingness of BHA to allow others 
to administer Section 8, and a proposed reduction in the 
federal Fair Market Rent which would be phased in for 
a sitting tenant but would be implemented immediately 
for a moving tenant, thus further reducing the portabil- 
ity of Section 8 vouchers by reducing rent paid to a new 
landlord; and 

WHEREAS: Housing advocates and current Section 
8 recipients have expressed considerable concern about 
whether this policy will have a significant adverse effect 
on Section 8 tenants, particularly those who are looking 
to move; Therefore be it 

ORDERED: That the Boston City Council hold a hear- 
ing to discuss the BHA's new inspection approval policy 
for Section 8 tenants. Representatives from the Boston 
Housing Authority, local housing advocacy organizations, 
and other interested individuals will be invited. 

Referred to the Committee on Housing. 



ORDER FOR HEARING TO DISCUSS WHETHER 
RESEARCH WORK REQUIRED BY NATIONAL 
INSTITUTE OF ALLERGY AND INFECTIOUS 
DISEASES (MAID) WILL VIOLATE BOSTON 
HEALTH COMMISSION'S BAN ON RECOM- 
BINANT DNA RESEARCH IN BIO 4 LABS 
(DOCKET NO. 1376) 

Councilors TURNER, HENNIGAN and ARROYO of- 
fered the following: 

WHEREAS: The Boston City Council in 1980 passed 
an ordinance that included the provision that recombinant 
DNA research in bio 4 labs was banned; and 

WHEREAS: This regulation was adopted by Boston 
Health and Hospitals in 1 990, the sunset year for the orig- 
inal ordinance; and 

WHEREAS: This regulation was adopted by the Bos- 
ton Health Commission when Boston Health and Hospi- 
tals dissolved in 1995; and 

WHEREAS: This regulation has been maintained for 
twenty five years because of the fear of the results of 
RDNA experiments with the most dangerous organisms 
known; and 

WHEREAS: Scientist at the Boston Redevelopment 
Administration hearing on Monday testified that the type 
of research work done at the proposed bio 4 lab will vio- 
late the Boston Health Commission prohibition against 
the research in bio 4 labs; Therefore be it 

ORDERED: That the appropriate committee of the 
City Council invite to a hearing representatives of BU, 
ACE, the Boston Health Commission, and the National 
Institute of Allergy and Infectious Diseases (NIAID) to 
discuss whether the research work required by the Na- 
tional Institute of Allergy and Infectious Diseases (NI- 
AID) will violate the Boston Health Commission's ban 
on RJDNA research in bio 4 labs; and Be it 

ORDERED: That the public be invited to testify on the 
same issue. 

Referred to the Committee on Health and Human 
Services and Environment and Historic Preservation. 



Councilors TURNER, HENNIGAN and ARROYO of- 
fered the following: 

WHEREAS: The departments and agencies of the City 
of Boston have a responsibility to maintain and enforce 
the standards for development that have been established 
by law; and 

WHEREAS: Residents and representatives of neigh- 
borhoods throughout the City of Boston gathered on 
Monday, September 29th to call the public's attention 
to the flaunting of city rules and regulations by Joseph 
LaRosa; and 

WHEREAS: At the press conference residents ex- 
pressed outrage regarding for example materials used by 
LaRosa, changing of plans reviewed that were initially 
approved, flaunting of regulations regarding construc- 
tion hours, lack of police details as required by law, and 
consistent approvals by zoning appeals board that ignored 
zoning regulations for lot size; and 

WHEREAS: If developers are able to avoid adherence 
to the regulations, public confidence in the civic participa- 
tion declines, and other developers are encouraged to do 
likewise; Therefore be it 

ORDERED: That the appropriate committee of the 
City Council convene a hearing where Boston residents 
testify regarding violations of city regulations by LaRosa 
and other developers; and be it in schools would be able 
to 

ORDERED: That representatives of the Department of 
Inspectional Services, the Boston Police Department, and 
the Zoning Board of Appeal to speak to the concerns re- 
garding developer practices that flaunt city regulations. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER FOR HEARING FOR BOSTON 2004 TO 
GIVE STATISTICS RE: PARTICIPATION OF 
WOMEN OWNED BUSINESSES, BUSINESSES 
OWNED BY PEOPLE OF COLOR, BUSINESSES 
OWNED BY BOSTON RESIDENTS AND BOS- 
TON BASED BUSINESSES IN CONVENTION 
(DOCKET NO. 1378) 

Councilors TURNER, HENNIGAN and ARROYO of- 
fered the following: 

WHEREAS: It has been reported that Boston 2004, 
the host committee for the Democratic Convention, has 
published a list of the companies that participated in the 
convention; and 

WHEREAS: It is reported that there is no breakdown 
by gender, race, or size in their listings; and 

WHEREAS: The directory of certified businesses 
published by the host committee does not clearly iden- 
tify whether the businesses are owned by people of color, 
women, or Boston businesses; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council invite representatives of Boston 
2004 to a hearing to give statistics regarding participation 
of women owned businesses, businesses owned by people 
of color, businesses owned by Boston residents, and Bos- 
ton based businesses in the convention; and be it 

ORDERED: That representatives of departments and 
organizations involved with Boston's convention be in- 
vited to discuss how the work of Boston 2004 to include 
women owned businesses, businesses owned by people of 
color, businesses owned by residents of Boston, as well as 
Boston based businesses can be used to help diversify the 
businesses providing services to Boston's conventions 

Referred to the Committee on Post Audit and Over- 
sight. 



ORDER FOR HEARING RE: VIOLATIONS OF CITY 
REGULATIONS BY LAROSA AND OTHER DE- 
VELOPERS (DOCKET NO. 1377) 



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN PAUL 
G. ROIFK OWNER AND TRUSTEE OF 752 
TREMONT STREET TRUST AND NATIONAL 



310 



CITY COUNCIL 



ARCHITECTURAL TRUST, INC. PURSUANT 
TO M.G.L. CHAPTER 184, SECTION 32 (DOCK- 
ET NO. 1225) 

Councilor McDERMOTT called Docket No. 1225 
from the Committee on Environment and Historic Pres- 
ervation. 

Hearing no objection, the matter was before the body. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN RPP 
COMMERCE LLC AND NATIONAL ARCHI- 
TECTURAL TRUST INC. PURSUANT TO 
M.G.L. CHAPTER 184, SECTION 32 (DOCKET 
NO. 1226) 

Councilor McDERMOTT called Docket No. 1226 
from the Committee on Environment and Historic Pres- 
ervation. 

Hearing no objection, the matter was before the body. 

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



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN 
BEACH STREET LLC AND NATIONAL AR- 
CHITECTURAL TRUST, INC. PURSUANT TO 
M.G.L. CHAPTER 184, SECTION 32 (DOCKET 
NO, 1227) 

Councilor McDERMOTT called Docket No. 1227 
from the Committee on Environment and Historic Pres- 
ervation. 

Hearing no objection, the matter was before the body. 

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



ORDER AUTHORIZING ASSESSING DEPARTMENT 
TO ACCEPT GRANT OF $2,250 FROM HIQ 
COMPUTERS FOR 15 SURPLUS PRINCETON 
COMPUTER MONITORS (DOCKET NO. 1305) 

Councilor ROSS called Docket No. 1305 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. 



LATE-FILED MATTERS 

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

No objection being heard, the following matters 
were added: 



ORDER FOR PETITION FOR SPECIAL LAW RE: 
RETIREMENT OF JAMES J. CAHILL (DOCKET 
NO. 1393) 

Councilor KELLY offered the following: 

ORDERED: That a petition to the General Court, ac- 
companied by a bill for a special law relating to the City 
of Boston to be filed with an attested copy of this order 
be, and hereby is, approved under Clause ( 1 ) of Section 
eight of Article two, as amended, of the Amendments to 
the Constitution of the Commonwealth of Massachusetts, 
to the end that legislation be adopted precisely as follows, 



except for clerical or editorial changes of form only: 

An act directing the State Retirement Board to retire 
James J. Cahill, a firefighter of the city of Boston 

Be it enacted as Follows: 

Section I. Notwithstanding the provisions of any law to 
the contrary, and in order to promote the public good, the 
State Retirement Board is hereby authorized and directed 
to retire James J. Cahill, a firefighter of the city of Boston, 
who as the result of injuries sustained while in the perfor- 
mance of his duties on January 31, 1991 and December 6, 
1998 is totally and permanently injured and incapacitated 
for further service as a firefighter at a yearly amount of 
pension equal to the regular rate of compensation which 
would have been paid had he continues in service as a 
Boston firefighter at the grade held by him at the time of 
his retirement. Upon the retirement of James J. Cahill, the 
Retirement Board of said city shall forthwith pay to him 
all amounts standing to his credit in the annuity savings 
fund of the retirement system of said city. 

Section 2. Said James J. Cahill shall be entitled to re- 
ceive such indemnification for all hospital medical and 
related expenses that have been, or may have been in- 
curred after the date of his retirement as a result of the 
injuries sustained by him while in the performance of his 
duties, according to the provisions of section one hundred 
of charter forty-one of the General Laws. 

Section 3. Upon the death of said James J. Cahill, leav- 
ing Maureen Cahill, his wife surviving him, the State Re- 
tirement Board Shall pay her so long as she remained un- 
married, an annuity in the amount of three-fourths of the 
amount of the pension to him at the time of his death, and 
five hundred thirty dollars for each child of said James J. 
Cahill during such time as such child is under eighteen 
years of age or over said age and physically or mentally 
incapacitated from earnings. If said Maureen Cahill re- 
marries, said city shall pay, in lieu of the aforesaid annuity 
to her, an amount of equal to the sum of the amount of 
pension payable to him at the time of his death, to and for 
the benefits of each child during the time of aforesaid. 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR HEARING RE: PARCEL C, THE MET- 
ROPOLITAN (DOCKET NO. 1394) 

Councilors ARROYO, TURNER, HENNIGAN. MC- 
DERMOTT and YANCEY offered the following: 

WHEREAS: The area known commonly as Parcel C is 
a 43,860-square-foot real estate parcel bounded by Harri- 
son Avenue and Oak, Ash, and Nassau streets in Boston's 
Chinatown neighborhood; and 

WHEREAS: Starting in 1985, Parcel C was slated for 
development of a parking garage three times before con- 
sistent community opposition forced the City to agree to 
permanently designate the land for community develop- 
ment; and 

WHEREAS: In August 2002, the City joined co-de- 
velopers Edward A. Fish Associates and the Asian CDC 
to officially break ground on The Metropolitan, a public/ 
private, mixed-use development at Parcel C with 25 1 resi- 
dential units, as well as designated community and com- 
mercial space; and 

WHEREAS: For nearly 20 years, the Chinese Progres- 
sive Association (CPA) played a key role in advocating 
for community development of Parcel C; and 

WHEREAS: In October 2004, the CPA continues to 
actively negotiate to purchase much needed at-cost com- 
munity space at The Metropolitan Parcel C; and 

WHEREAS: The last major obstacle to finalizing a 
purchase-and-sale agreement for the CPA is reportedly 
that the BRA has broken an earlier pledge to support 
an equitable reallocation of the condo share/condo fees 
among the non-profit condo owners; and 

WHEREAS: The result of the breakdown of this agree- 
ment is that the CPA, the smallest non-profit potentially 
moving into the development, is being asked to subsidize 



OCTOBER 6, 2004 



311 



BRA-owned space by paying 34% of the building's condo 
fees while occupying 18% of the square footage; and 

WHEREAS: The Boston City Council believes that 
the BRA should uphold its earlier commitment and work 
with the CPA and the Chinatown community to ensure 
that the historic contributions of the CPA in promoting 
community development of Parcel C are recognized 
through the completion of a fair and reasonable condo 
sale agreement; Therefore be it 

ORDERED: That the Boston City Council hold a pub- 
lic hearing to discuss the BRA's role as the majority share- 
holder in The Metropolitan, a commercial condominium 
on Parcel C. Officials from the Boston Redevelopment 
Authority, the Chinatown Progressive Association and 
other interested parties are invited to attend. 

Referred to the Committee on Post Audit and Over- 
sight. 



REPORT ON ORDINANCE REGARDING IMPOUND- 
MENT OF VEHICLES INVOLVED IN DRUG 
TRADE (DOCKET NO, 1241) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1241, ordinance regarding the 
impoundment of vehicles involved in the drug trade (re- 
ferred September 1 ) - recommending passage of the ordi- 
nance in a new draft. 

The report was accepted; the ordinance, in the new 
draft, was passed; yeas 1 1 , nay O. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Flaherty, 
Hennigan, Kelly, McDermott, Murphy, Ross, Tobin, 
Turner -11. 

Nays - O. 



support. I miss everyone and I hope to see you at the next 
Boston City Council meeting." 

President Flaherty said this is obviously great news 
and reason to be optimistic and wishes Councilor Yancey 
continued speedy recovery. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, it do so with well wishes to Councilor 
Yancey and his continued recovery and in memory of 
Tom Durand, Vincent Kelly, and well wishes to the Iron 
Workers Local 7 accident victims and their families, and 
it be to meet again on Wednesday, October 20, 2004 at 
11:30 a.m. 

The motion was carried. 

Adjourned at 1:50 p.m., on motion of the Chair, to 
meet again on Wednesday, October 20, 2004 at 11 :30 



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



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 McDermott: Congratulating Richard 
Doherty (Docket No. 1379). 

Councilor Flaherty: Congratulating Teen Challenge 
(Docket No. 1380). 

Councilor Arroyo: Recognizing the Theater Offensive 
and the Out-on-the-Edge Festival (Docket No. 1381). 

Councilor Ross: Declaring September 30, 2004 as 
Howard Leibowitz Day (Docket No. 1382). 

Councilors Turner, Arroyo and Yancey: Congratulat- 
ing Evelyn Diggs (Docket No. 1383); Congratulating 
Elizabeth Hartgrove (Docket No. 1384); Congratulating 
Myra Mcadoo (Docket No. 1385); Congratulating Lillian 
Corbin (Docket No. 1386). 

Councilors Yancey, Turner, Arroyo and Hennigan: 
Congratulating Greater-Nigeria Queen Of Hikosso Sound 
(Docket No. 1387); Congratulating Floxy Bee, Nigerian 
Queen Of Hikosso Sound (Docket No. 1388); Congratu- 
lating AID to Incarcerated Mothers (Docket No. 1389). 

Councilor Feeney: Congratulating Davida Andelman 
and Janet Jones (Docket No. 1390). 

Councilor Murphy: Congratulating Vincent and Bar- 
bara McDonough Day (Docket No. 1391). 

Councilor Ross: Congratulating Robert Beal (Docket 
No. 1392). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF PRESIDENT FLAHERTY 

President Flaherty read the following correspondence 
received from Councilor Yancey: 

"To All of My Colleagues in the Boston City Council. 
1 would like to thank you for your calls, prayers and 



312 CITY COUNCIL 



CITY COUNCIL 



313 



CltyOFBOSTON 



PrtCe^ii^idf City Council 



•\i ;\ ^ 'Wednesday. October 20, 2004 

Regular meeting bf the City Council ineld in the Chris- 
topher A. lannella Council Chamber, City Hall, at 12:00 
p.m.. President Flaherty in the Chair. Absent, Councilor 
Yancey. 



INVOCATION 



City Clerk R6^ariA SaJerno delivered the invocation 
and the meeting waS lopefied ivith the pledge of allegiance 
to the flag. 



PRESIDENT FLAHERTY READ THE FOLLOWING 

MEMO FROM COUNCILOR YANCEY 

INTO THE RECORD: 

To: Boston City Councillors 

From: Councillor Charles C. Yancey 

Date: October 20, 2004 

Re: Illness - update 

I have been released ahead of schedule from Brigham's 
and Women's Hospital because of tremendous progress 
which I am sure resulted from everyone's prayers and well 
wishes. 1 am home cheering on the Red Sox's and looking 
forward to joining each and every member of the Boston 
City Council and the Administration to improve educa- 
tion, housing, public safety, health and quality of life for 
every resident of Boston in the very near future. 

1 miss all and thank you very much for your continued 
support to me, my Staff and family. 



ORDINANCE TO EXTEND CITY'S PROTECTIONS 
FOR TENANTS FACING DISPLACEMENT BY 
CONDOMINIUM OR COOPERATIVE CONVER- 
SION (DOCKET NO. 13^5) 

The following was received: 

City of Boston 
Office of the Mayor 

October 6, 2604 
To the City Council 
Dear Councilors; 

I transmit herewith for your approval an Ordinance to 
extend the City's Protections for Tenants Facing Displace- 
ment by Condortiiniuai ot Cooperative Conversion. 

The City's current ottlinance. was passed in 1999 pur- 
suant to the City's fllithority under chapter 527 of the Acts 
of 1983, and spccificalfy provides tor "such extension and 
amendment as the Majiw arid the City Council shall find 
to be warraflted" Tl^C current ordinance is set to expire 
on Decembei "^t, 2w5. Thi attached Ordinance would 
extend these rnipoftaiftt. pi ot^ctions thrdugl; December 3 1 , 
2009. 

I urge yotir Honorable Body to act favorably on the 
proposed Ordmanee without delay 
Sjncetely 

Thomas M. Mentno, 
Mayor of Boston. 

CITY Or BOSTON 
IN.tHfcV EAR 2004 

EXTENDIN^PIOT^ FOR TENANTS 

FAON[ai>i^E|!M^l^T BY CONDOMINIUM 

OR C0df5^piiweb>J VERSION ANt) • 



REGULATING FUTURE CONDOMINIUM OR 

COOPERATIVE CONVERSION PURSUANT 

TO CITY'S AUTHORITY UNDER 

ST 1983, c. 527, AS AMENDED 

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

WHEREAS, prior to January 1 , 1 995, the City of Bos- 
ton regulated condominium or cooperative conversion for 
tenants residing in rental housing through the City's rent 
control enabling authority, as established in chapter 797 
of the acts of 1969 and chapter 863 of the acts of 1970, 
as amended; and 

WHEREAS, condominium/cooperative conversion 
regulation under the City's rent control authority took 
the form of a prohibition on condominium or coopera- 
tive conversion eviction for certain tenants who were low 
or moderate income, elderly, or disabled, extended notice 
periods before condominium or cooperative conversion 
eviction could be effective for other tenants, provided 
for extension of rental agreements and limitation on rent 
increases during notice periods, established relocation 
payments and relocation assistance for tenants facing 
displacement and beginning in May, 1988. established a 
permit system regulating conversion of apartments to the 
condominium/cooperative form of ownership; and 

WHEREAS, the City's regulation of condominium/ 
cooperative conversion under its rent control authority 
predated state-wide legislation, chapter 527 of the acts of 
1983, which regulates condominium/cooperative conver- 
sion, and which establishes, in section 4, certain base-line 
tenant protections which apply state-wide; and 

WHEREAS, section 2 of chapter 527 gives cities or 
towns the authority to adopt provisions or requirements 
to regulate for the protection of tenants with respect to 
the conversion of housing accommodations, as defined 
therein, to the condominium or cooperative form of own- 
ership and evictions related thereto which differ from the 
statewide base-line tenant protections set forth in section 
4 of chapter 527, upon a two-thirds vote of the local leg- 
islative body, provided, however, that no such ordinance 
or by-law may establish additional protections for certain 
types of housing accommodations as described in chapter 
527; and 

WHEREAS, section two of chapter 527 of the acts of 
1983 also provides that local legislative action to impose 
provisions or requirements to regulate for the protection 
of tenants with respect to the conversion of housing ac- 
commodations to the condominium or cooperative form 
of ownership and evictions related thereto which differ 
from those set forth in chapter 527 must be accompanied 
by a declaration, in the form of findings, that local condi- 
tions constitute an acute rental housing emergency requir- 
ing local action, on account of the aggravating impact of 
the factors set forth in section 1 of chapter 527; and 

WHEREAS, section 2 of chapter 527 of the acts of 
1983 also provides that if a city or town has already ad- 
opted an ordinance for the regulation of the conversion 
of housing accommodations to the condominium or co- 
operative form of ownership and evictions related thereto 
pursuant to the authority given to the city by a special act 
of the State Legislature, such city or town is exempt from 
the provisions of chapter 527; and 

WHEREAS, during the 1970's and 1980's, thousands 
of units of rental housing in the City of Boston were con- 
verted to the condominium or cooperative form of owner- 
ship; and 

WHEREAS, pursuant to the City of Boston's rent 
control laws, hundreds of elderly, handicapped, and low- 
to-moderate income persons living in units which were 
converted to the condominium or cooperative form of 
Ownership and who were faced with displacement as a 
result of such conversion sought and obtained determina- 
tions that they were not subject to eviction for the pur- 
poses of condominium or cooperative conversion. A sig- 
nificant number of these persons are still residing in those 
units, and the effect of the City's condominium and coop- 
erative conversion eviction protections was that a number 
of owners simply decided to continue existing tenancies 



314 



CITY COUNCIL 



and not threaten tenants with displacement; and 

WHEREAS, in November, 1994, the voters of the 
Commonwealth narrowly adopted a popular initiative, 
(see G.L. c. 40P), rescinding most rent control enabling 
authority throughout the Commonwealth, effective Janu- 
ary 1, 1995; and 

WHEREAS, in early 1995, the State Legislature ad- 
opted chapter 282 of the acts of 1994, providing, not- 
withstanding the provisions of chapter 40P of the General 
Laws, that rent and eviction protections could continue in 
effect for low-income tenants in rent controlled units for a 
limited period of time; and 

WHEREAS, section 3 of chapter 282 of the acts of 
1994 provides that cities or towns that lose rent control 
authority retain their rights under chapter 527 of the acts 
of 1983, including the right to take local legislative ac- 
tion to provide tenant protections regarding condominium 
or cooperative conversions and evictions resulting there 
from which may differ from the protections found in the 
statewide law; and 

WHEREAS, in 1996 the City Council enacted and the 
Mayor approved an ordinance. Chapter 3 of the Ordinanc- 
es of 1996, making explicit that the City had chosen to 
exercise its authority under St. 1983, c. 527 to mitigate the 
adverse effects of condominium or cooperative conver- 
sion and related evictions upon tenants facing displace- 
ment; and 

WHEREAS, that ordinance was successfully chal- 
lenged by the Greater Boston Real Estate Board in Court 
because it extended protections to classes of tenants that 
could not be protected under chapter 527, and the balance 
of the ordinance could not be salvaged; and 

WHEREAS, in 1999, the City Council enacted and the 
Mayor approved an ordinance. Chapter 8 of the Ordinanc- 
es of 1999, providing tenant protections that differed from 
the protections in the state-wide law; and 

WHEREAS, the 1999 ordinance provided that it would 
have a 5-year term and would expire as of the end of 2004, 
unless the City Council chose in the interim to extend the 
term of the ordinance; and 

WHEREAS, conditions in the residential rental mar- 
ket, particularly for those of low-to-moderate income, the 
handicapped, and the elderly, have not improved since 
1999 and have in fact worsened. Waiting lists for Section 
8 rental assistance have been closed, and federal funding 
has been reduced to the point where those already on the 
Section 8 program are threatened with loss or reduction 
in subsidy; and 

WHEREAS, it is still necessary to have tenant protec- 
tions that vary from the state-wide base-line protections 
of section 4 of St. 1983, c. 527, as amended, since the 
state-wide floor may not provide adequate protections for 
low- to moderate-income Boston tenants, the majority of 
whom are elderly and/or handicapped, who were resid- 
ing in units at the time of condominium or cooperative 
conversion; and 

WHEREAS, notice and a reasonable opportunity for 
existing tenants to purchase units slated for conversion to 
condominiums or cooperatives may provide a means to 
avert further displacement of those tenants and stabilize 
their long-term housing, and should be a supplement to 
protections explicitly directed at condominium/coopera- 
tive conversion evictions; and 

WHEREAS, somewhat enhanced relocation payments 
and notice periods are desirable in the City of Boston in 
comparison to the state-wide floor protections given the 
higher cost of housing and relocation in the Boston area 
and the greater difficulty in securing comparable hous- 
ing; and 

WHEREAS, in the time period between 1999 and the 
present, the cost of housing and relocation have sufficient- 
ly risen that relocation benefits should be updated; and 

WHEREAS, the City Council declares, in accordance 
with St. 1983, c. 527, § 2, 4, that current conditions in the 
City of Boston constitute an acute rental housing emer- 
gency requiring action by the City, on account of the ag- 
gravating impact of the lack of sufficient new rental hous- 
ing production, prolonged increases in housing costs at a 
rate substantially exceeding increases in personal income, 



by housing abandonment, by increased costs of new hous- 
ing construction and finance, by cut-backs in state and 
federal affordable housing programs, and by the effect of 
conversion of rental housing into condominiums or coop- 
erative, thus reducing the remaining stock of rental hous- 
ing and resulting in threats of displacement to existing 
tenants, particularly those of low to moderate income and 
those who are elderly or handicapped, and an inability of 
those tenants to secure comparable rental housing, even 
through use of alternative forms of rental assistance; and 

WHEREAS, the City Council ftirther declares that, in 
addition to the residual tenant and unit protections found 
in City of Boston Code, Chapter X, Section 1 0-2, as modi- 
fied by G.L. c. 40P and St. 1 994, c. 282, and pursuant to its 
powers under St. 1983, c. 527, the City of Boston hereby 
establishes certain additional protections for tenants who 
reside in housing accommodations prior to a landlord's 
conversion, or intent to convert, such accommodations 
to the condominium or cooperative form of ownership or 
prior to the initial sale of a unit as an individual condo- 
minium or cooperative unit, so as to minimize involuntary 
displacement as a result of condominium or cooperative 
conversion and evictions related thereto, particularly for 
those who are elderly, handicapped, and/or of low to mod- 
erate income; 

NOW, THEREFORE, Chapter 8 of the Ordinances of 
1999 is hereby extended and revised as follows: 

Section 1 . Section 2(g) of Chapter 8 of the Ordinances 
of 1999 is revised such that the words "one thousand, five 
hundred dollars ($1,500.00) are stricken where they ap- 
pear and the words "three thousand ($3,000.00)" are sub- 
stituted, and the words "two thousand dollars ($2,000.00)" 
are stricken where they appear, and the words "five thou- 
sand dollars ($5,000.00)" are substituted. 

Section 2. Section 5 of Chapter 8 of the Ordinances 
of 1999 is revised such that the phrase "December 31, 
2004" is stricken, and the phrase "December 3 1 , 2009" 
is substituted. 

Section 3. The provisions of this Ordinance shall be 
severable and if anyone or more provisions, or parts or 
subparts thereof, shall be held unconstitutional or other- 
wise invalid by any court of competent jurisdiction, the 
decision of such court shall not affect or impair any of the 
remaining provisions or parts thereof 

Referred to the Committee on Government Opera- 
tions. 



NOTICE WAS RECEIVED FROM DEPARTMENT OF 
TELECOMMUNICATION AND ENERGY ON 
HEARTNG ON OCTOBER 22, 2004 REGARD- 
ING COMMONWEALTH ELECTRIC COMPA- 
NY, CAMBRIDGE ELECTRIC LIGHT COMPA- 
NY AND BOSTON EDISON COMPANY D/B/A 
NSTAR ELECTRIC AND NSTAR GAS COMPA- 
NY (DOCKET NO. 1396) 

Notice was received from the Department of Telecom- 
munication and Energy on a hearing on October 22, 2004 
regarding the Commonwealth Electric Company, Cam- 
bridge Electric Light Company and Boston Edison Com- 
pany d^/a/ NSTAR Electric and NSTAR Gas Company. 

Placed on file. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "SECOND AMENDMENT TO 
REPORT AND DECISION ON MOUNT PLEAS- 
ANTA APARTMENTS CHAPTER 121 PROJECT 
(DOCKET NO. 1397) 

Communication was received from City Clerk of the 
filing by the Boston Redevelopment Authority of the 
"Second Amendment to Report and Decision on the 
Mount Pleasant Apartments Chapter I2IA Project. 

Placed on file. 



OCTOBER 20, 2004 



315 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE 
OF 1979 RE: ACTIONS TAKEN BY MAYOR ON 
PAPERS ACTED UPON BY CITY COUNCIL AT 
ITS SEPTEMBER 22, 2004 MEETING (DOCKET 
NO. 1398) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

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 September 22, 2004 VIZ. 

0336 Order approving a petition for a special law re: 
the retirement of Robert Welby. 

Approved by the Mayor on September 27, 2004. 
Rosaria Salerno, 
City Clerk. 

Placed on file. 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE 
OF 1979 RE: ACTIONS TAKEN BY MAYOR ON 
PAPERS ACTED UPON BY CITY COUNCIL AT 
ITS SEPTEMBER 29, 2004 MEETING (DOCKET 
NO. 1399) 

The following was received: 

City of Boston 
Office ofthe City Clerk 

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 September 29, 2004 VIZ. 

1334 Order authorizing the Boston Centers for Youth 
and Families to accept and expend a grant of $247,000.00 
for the maintenance and operation ofthe James M. Curley 
Recreation Center. 

Approved by the Mayor on October 7, 2004. 

1335 Order approving the provisions ofthe collective 
bargaining agreement between the City and the United 
States Workers of America, SENA Local 9158-F (Boston 
Centers for Youth and Families). 

Approved by the Mayor on October 4, 2004. 

1336 Order approving a supplemental appropriation 
of $133,437.00 for the Public Health Commission for 
FY05, to cover the cost items contained within the col- 
lective bargaining agreement between the Public Health 
Commission and the United Steel Workers of America, 
SENA local 9158. 

Approved by the Mayor on October 4, 2004. 

1337 Order approving a supplemental appropriation 
of $21,700.00 for the Inspectional Services Department 
for FY05, to cover the cost items contained within the 
collective bargaining agreement between the City and the 
International Brotherhood of Electrical Workers, Local 
103 (IBEW). 

Approved by the Mayor on October 4, 2004. 



Placed on file. 



Rosaria Salerno, 
City Clerk 



PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $1,537,075 FROM COMMONWEALTH OF 
MASSACHUSETTS FOR REIMBURSEMENT OF 
INSTALLATION OF NEW VOTING MACHINES 
THROUGHOUT CITY (DOCKET NO. 1028) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1028, order authorizing the 
Election Department to accept and expend a grant of 
$1,537,075 from the Commonwealth of Massachusetts 
for the reimbursement of the installation of new voting 
machines throughout the City (referred July 14) - recom- 
mending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
RESULTS OF POLLING PLACE ACCESS SUR- 
VEY 2004 AND CITY'S ONGOING EFFORTS 
TO ENSURE ACCESSIBILITY FOR DISABLED 
INDIVIDUALS OF BOSTON'S POLLING LOCA- 
TIONS (DOCKET NO. 1278) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1278, order for a hearing to dis- 
cuss the results of the Polling Place Access Survey 2004 
and the City's ongoing efforts to ensure accessibility for 
disabled individuals of Boston's polling locations (re- 
ferred September 15) recommending the order be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
RESULTS OF POLLING PLACE ACCESS SUR- 
VEY 2004 AND CITY'S ONGOING EFFORTS 
TO ENSURE ACCESSIBILITY FOR DISABLED 
INDIVIDUALS OF BOSTON'S POLLFNG LOCA- 
TIONS (DOCKET NO. 1313) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1313, order for a hearing to as- 
sess the most recent election, explore ways to correct any 
problems and to ensure adequate preparations are being 
made for the upcoming Presidential election (referred 
September 22) reconmiending the order be placed on 
f^le. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR PETITION FOR SPECIAL 
LAW RE: RETIREMENT OF JAMES J. CAHILL 
(DOCKET NO. 1393) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1393, order for a petition for 
a special law re: Retirement of James J. Cahill (referred 
October 6) - recommending passage ofthe order. 

The report was accepted; the order was passed; 
yeas 12. nays 0: 

Yeas - Councilors Arroyo, Consalvo, Feeney, Flaherty, 
Hennigan, Kelly, McDermott, Murphy, Ross, Scapicchio, 
Tobin, Turner - 12. 

Nays-0. 



REPORT ON ORDER AUTHORIZING ELECTION DE- 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRAJsIT 
OF $218,890 FROM U.S. DEPARTMENT OF JUS- 
TICE FOR PURPOSE OF TRAINING GANG 



316 



CITY COUNCIL 



RESISTANCE EDUCATION AND TRAINING 
(G.R.E.A.T) TRAINING OFFICER, TRAINED 
YOUTH SERVICE OFFICERS TEACHING 
G.R.E.A.T CURRICULUM TO SCHOOL CHIL- 
DREN AND ENGAGING CHILDREN IN RELAT- 
ED ACTIVITIES (DOCKET NO. 1303) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1303, message of the Mayor and 
order authorizing the Police Department to accept and ex- 
pend a grant of $218,890 from the U.S. Department of 
Justice for purpose of training a Gang Resistance Edu- 
cation and Training (G.R.E.A.T.) training officer, trained 
youth service officers teaching the G.R.E.A.T. curriculimi 
to school children and engaging children in related activi- 
ties (referred September 22) - recommending passage of 
the order. 

The report was accepted; the order was passed. 



ing passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE COM- 
MISSIONERTO ACCEPT AND EXPEND GRANT 
OF $10,000 FROM GOVERNOR'S HIGHWAY 
SAFETY BUREAU FOR PURPOSE OF REDUC- 
ING SAFETY BELT VIOLATION THROUGH 
ENFORCING SEAT-BELT USAGE AND OC- 
CUPANT PROTECTION AS PART OF STATE 
CLICK-IT OR TICKET CAMPAIGN (DOCKET 
NO. 1304) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1304, message of the Mayor and 
order authorizing the Police Commissioner to accept and 
expend a grant of $10,000 from the Governor's Highway 
Safety Bureau for the purpose of reducing safety belt 
violation through enforcing seat-belt usage and occupant 
protection as part of the State Click-it and Ticket cam- 
paign (referred September 22) - recommending passage 
of the order 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE 
COMMISSIONER TO ACCEPT AND EXPEND 
GRANT OF $55,000 FROM COMMONWEALTH 
OF MASSACHUSETTS EXECUTIVE OFFICE 
OF PUBLIC SAFETY PROGRAMS DIVISION 
FOR MULTIJURISDICTIONAL TASK FORCE 
(DOCKET NO. 1358) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1358, message of the Mayor 
and order authorizing the Police Commissioner to accept 
and expend a grant of $55,000 from the Commonwealth 
of Massachusetts Executive Office of Public Safet}' Pro- 
grams Di\'ision for the Multijurisdictional Task Force (re- 
ferred October 6) - recommending passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING MAYOR TO AC- 
CEPT AND EXPEND GRANT OF S33.784 FROM 
RATIONAL INSTITUTE OF JUSTICE UNDER 
FORENSIC CASEWORK DNA BACKLOG RE- 
DUCTION PROGR.AM FOR POLICE CRIME 
LAB (DOCKET NO. 1359) 

Coimcilor MURPHY, on behalf of the Committee on 
Public Safet>', submitted the following: 

Report on Docket No. 1359, message of the Mayor and 
order authorizing the Mayor to accept and expend a grant 
of $33,784 from the National Instimte of Justice imderthe 
Forensic Casework DNA Backlog Reduction Program for 
the Police Crime Lab (referred October 6) - recommend- 



REPORT ON ORDER AUTHORIZING MAYOMO AC- 
CEPT AND EXPEND GRANT OF $24,520 FR6M 
NATIONAL INSTITUTE OF JUSTICE UNDER 
DNA CAPACITY ENHANCEMENT PROGRAM 
FOR POLICE CRIME LAB TO PURCHASE 
EQUIPMENT NECESSARY TO REDUCE TURN- 
AROUND TIME OF DNA ANALYSIS (DOCKET 
NO. 1360) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 1360, message of the Mayor and 
order authorizing the Mayor to accept and expend a grant 
of $24,520 from the National Institute of Justice nflder 
the DNA Capacity Enhancement Program for the Police 
Crime Lab to purchase equipment necessary to reduce the 
mmaround time of DNA analysis (referred October 6) - 
recommending passage of the order. 

The report was accepted; the order was passed. 



ORDER APPROVING PETITION FOR SPECL\L LAW 
RE: ACT INCREASING MAXIMUM AMOUNT 
OF FINES WHICH MAY BE IMPOSED FOR VIO- 
LATIONS OF ORDINANCES IN CITY (DOCKET 
NO. 1400) 

Councilors CONSALVO, ARROYO. FEENEY, MC- 
DERMOTT MURPHY, ROSS, KELLY, TURNER, TO- 
BIN, HENNIGAN and FLAHERTY offered the follow- 
ing; 

HOME RULE PETITION 

WHEREAS, The fines that may be imposed by the 
City of Boston for violations of its ordinances is limited 
to three hundred dollars ($300) by St. 1989. s. 48: and 

WHEREAS, The steady rise of inflation over the past 
fifteen (15) years has devalued the fine ceiling and dimin- 
ished the impact of the fines: review and increase in the 
fine ceiling in order to ensure that the impacts of enforce- 
ment are not diluted is long overdue. THEREFORE BE 
IT 

ORDERED, That a petition to the General Court, ac- 
companied by a bill for a special law relating to the City 
of Boston to be filed with an attested copy of this order 
be, and hereby is, appro\ed under Clause 1 of Section 8 
of Article II, as amended, of the Articles of Amendment to 
the Constimtion 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 SPECL\L LAW RE: 

AN ACT INCREASING THE MAXIMUM AMQtJNT 

OF FINES WHICH MAY BE IMPOSED FOR 

VIOLATIONS OF ORDINANCES IN 

THE CITY OF BOSTON 

Section 1. Increasing the amount of fines. ■ . '^ 
Section 35 of chapter 448 of the acts of tS54, ■SS' 
amended by chapter 78 of the acts of 1976, as furtfier 
amended by section 1 of chapter 48 of the acts of 19S9. is 
hereby further amended by striking the sentence iiis«rted 
by section 1 of chapter 48 of the acts of 1989 and insert- 
ing in place thereof the following sentence: "'Mors espe-. 
cialK- the\' shall ha\e power to make all such ncedfal and 
stamtorj' by-laws or ordinances, not inconsistent with thfi 
laws of this commonwealth, as cities by the iaWs of this 
commonwealth have power to make and establish,- and to 
annex penalties not exceeding six himdred dollars: fot the 
breach thereof which by-laws and ordinances ^iS^l tike 
effect and be in force from and after the time theirein re- 
spectively limited without the sanction or coufcmatfoD of 



OCTOBER 20, 2004 



317 



any court or other authority whatsoever" 

Section 2. Implementation. 

This act shall take efiect immediately upon its pas- 
sage. 

Referred to the Committee on Government Opera- 
tions. 



Section 2. 

These provisions shall be effective immediately upon 
passage. 

Referred to tlie Committee on Government Opera- 
tions. 



ORDINANCE RE: IMPOUNDMENT OF VEHICLES 
INVOLVED IN SOLICITATION/PROSTITUTION 
(DOCKET NO. 1401) 

Councilors FEENEY, FLAHERTY. CONSALVO, 
TURNER, SCAPICCHIO, MURPHY, ROSS, TOBIN, 
MCDERMOTT HENNIGAN AND ARROYO offered 
the following; 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDINANCE REGARDING 

THE IMPOUNDMENT OF VEHICLES INVOLVED 

IN SOLICITATION/PROSTITUTION 

WHEREAS, The City of Boston has been fighting an 
active sex trade market for years and has regularly pur- 
sued creative methods for law enforcement, treatment, 
and recovery support; and 

WHEREAS, Many residents of surrounding munici- 
palities drive into the neighborhoods of the City of Boston 
to solicit prostitutes, an action that sustains the City's sex 
trade and reinforces the inaccurate perception that Boston 
is alone among Massachusetts municipalities in experi- 
encing such a market; and 

WHEREAS, Impounded vehicles may be retrieved by 
its owner at any time as long as there are no property- 
related judicial proceedings. Consequently, persons ar- 
rested for sex trade offenses are routinely back in their 
vehicles and engaging in the sex trade within twenty-four 
hours of arrest; and 

WHEREAS, Mandatory impoundment of a minimum 
of forty-eight hours would serve as a deterrent to partici- 
pants in the sex trade by inconvenience and embarrass- 
ment due to the temporary eradication of the vehicle "s 
utility as a mode of transport to/from the sex trade mar- 
ketplace and shelter for delivery /receipt of services; and 

WHEREAS, Mandatory monetary penalties of a mini- 
mum of three hundred dollars for every vehicle impound- 
ed pursuant to a sex trade-involved arrest, and subsequent 
dedication of the monies to prostitute recovery programs, 
would assist Boston officials and Boston programs to 
more effectively combat and treat the sex trade in the City 
of Boston. NOW THEREFORE 

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

Section I. 

CBC Chapter VI Section 6-6.6 is hereby amended to 
add sub-section (d) as follows: 

CBC 6-6. 6(c) No motor vehicle impounded pursuant 
to an arrest for or an arrest related to solicitation (M.G.L. 
c. 272, s. 8), common nightwalker (M.G.L. c. 272, s. 53), 
prostitution (M.G.L. c. 272, s. 53 via c. 277, s. 79), sup- 
port from prostitution (M.G.L. c. 272, s. 7), room/build- 
ing for prostitution (M.G.L. c. 272, s. 9), enticing (M.G.L. 
c. 272, s. 2), control of place for prostitution (M.G.L. c. 
272, s. 6), and/or keeping a house of ill fame (M.G.L. 
c. 272, s. 24), may be released until (i) forty-eight (48) 
hours have passed from the time of the related arrest, 
(ii) a fine in the amount of three hundred dollars and no 
cents ($300.00) has been paid and evidence of payment is 
presented, (iii) all fees related to the towing and storage 
of the impounded vehicle have been paid and evidence 
of payment is presented, and (iv) seizure proceedings, if 
commenced, have been closed. All fine monies collected 
pursuant to this section shall be dedicated and directed to 
prostitute recovery programs in the City of Boston and 
law enforcement programs targeting solicitation in the 
City of Boston. 



ORDER FOR HEARING RE: FLU VACCINE IN BOS- 
TON AND SERVICES (DOCKET NO. 1402) 

Councilors Ross, McDermott, Arroyo and Hennigan 
offered the following: 

WHEREAS, Recently, the British government shut 
down a Liverpool pharmaceutical operation, that was to 
make nearly half of the US supply of the flu vaccine, for 
concerns over contamination; and 

WHEREAS, The US supply of the flu vaccine will be 
approximately 40 million doses short of the 95 million 
doses needed; and 

WHEREAS, This shortage has created .some anxiety 
among our senior population and has caused many se- 
niors to wait in long lines to receive their vaccinations or 
has left them unclear on where to receive their vaccina- 
tions in the City of Boston; THEREFORE BE IT 

ORDERED, That the appropriate Committee of the 
Boston City Council convenes a public hearing to discuss 
this situation and provide the public with information on 
how the City of Boston is preparing to handle this issue; 
and BE IT FURTHER 

ORDERED, That representatives from the Boston 
Public Health Commission, the Boston Commission on 
Affairs of the Elderly, and the general public be invited 
to participate. 

Referred to the Committee on Health and Human 
Services. 



ORDER RE: LEGAL OPINIONS OF CORPORATION 
COUNSEL PREVIOUSLY REQUESTED IN 
WRITING BY TWELVE CITY COUNCILORS 
ON JULY 15, 2004 (DOCKET NO. 1403) 

Councilors SCAPICCHIO, ROSS, KELLY, TURNER, 
McDERMOTT MURPHY AND FEENEY offered the 
following: 

ORDER REGARDING LEGAL OPINIONS OF THE 
CORPORATION COUNSEL PREVIOUSLY 

REQUESTED IN WRITING BY TWELVE BOSTON 
CITY COUNCILLORS ON JULY 15, 2004 

WHEREAS, On July 1 5, 2004, twelve (12) Boston City 
Councillors forwarded, pursuant to CBC 5-8.1, a written 
request for legal opinion to the Corporation Counsel re- 
garding City Hall Plaza (a complete and accurate copy of 
the letter is attached hereto as Exhibit A); and 

WHEREAS, Simultaneously but separately, on July 
15, 2004, twelve (12) Boston City Councillors forwarded, 
pursuant to CBC 5-8. 1 , a written request for legal opinion 
to the Corporation Counsel regarding Modifications to 
Urban Renewal Plans (a complete and accurate copy of 
the letter is attached hereto as Exhibit B); and 

WHEREAS, CBC 5-8. 1 states "the Corporation Coun- 
sel shall fiimish opinions on the law of any subject or 
question that may be submitted to him [sic] by the City 
Council by any Committee of the City Council, or by four 
(4) members of the City Council and 

WHEREAS, As of October 19, 2004, the Boston City 
Council had not received either of the Corporation Coun- 
sel opinions requested in writing three (3) months ear- 
lier on July 15, 2004 nor had the Boston City Council 
received any other written, electronic, or verbal response 
related thereto from the Corporation Counsel; and 

WHEREAS, The Boston City Council has been col- 
laborating with the Boston Redevelopment Authority to 
prepare a BRA-led policy initiative regarding extensions 
of many urban renewal plans, and the BRA was targeting 
introduction, public hearing, and vote for this substantial 



318 



CITY COUNCIL 



policy initiative to occur prior to the close of the 2004 
legislative session on December 15, 2004; and 

WHEREAS, The efforts of the Boston City Council to 
prepare in advance for this BRA led initiative by request- 
ing opinions of the Corporation Counsel several months 
ago on July 15, 2004 was designed to create a period of 
time for the Boston City Council to collect and consider 
the input of constituents and evaluate the urban renewal 
policy in an environment of the rational and the reflective 
rather than an enviroimient of the merely reactive, but the 
Boston City Council has not been supplied with the criti- 
cal analysis and opinion it requested from the Corpora- 
tion Counsel three (3) months ago. THEREFORE BE IT 

ORDERED, That the Boston City Council respectfully 
requests the Corporation Counsel to immediately provide 
the status of the two (2) requests for legal opinion that 
were presented to the Corporation Counsel on July 15, 
2004; and 

ORDERED, That the Boston City Council respectfully 
requests the Corporation Counsel to expeditiously deliver 
the legal opinions sought in the two (2) requests for legal 
opinion that were presented to the Corporation Counsel 
on July 15. 2004 so that the policy initiative led by the 
Boston Redevelopment Authority to extend the urban 
renewal plans is not needlessly delayed or unnecessarily 
jeopardized; and 

ORDERED, That the Boston City Clerk promptly for- 
ward a copy of this order and the two exhibits attached 
hereto to the Office of the Corporation Counsel and to the 
Director of the Boston Redevelopment Authority. 

Councilor SCAPICCHIO moved that Docket No. 
1403 be laid on the table until a date certain, October 27, 
2004. 

Motion was carried. 



ORDER APPROVING PETITION FOR SPECIAL LAW 
RE: BOSTON COMMUNITY STABILIZATION 
TENANT AND SMALL PROPERTY OWNER 
ACT (DOCKET NO. 1404) 

Councilors ARROYO, TURNER, HENNIGAN, 
YANCEY and ROSS offered the following: 

HOME RULE PETITION 
PETITION FOR A SPECIAL LAW RE: 

Boston Community Stabilization Tenant and Small 
Property Owners Act 

WHEREAS: The general court finds and declares that 
a serious public emergency exists with respect to the 
housing of a substantial number of the citizens in the city 
of Boston, which emergency has resulted in a substan- 
tial shortage of safe, decent, and reasonably priced rental 
housing accommodations in the city of Boston, particu- 
larly for those who are elderly, disabled, or who have low 
or moderate annual incomes; that such emergency has 
been particularly exacerbated because of conversion of 
rental housing units to other uses or forms of ownership 
and an insufficient supply of new housing; that in addi- 
tion a number of small property owners who are elderly, 
disabled, or low-to-moderate-income owner-occupants of 
residential housing in Boston are threatened with loss of 
their housing due to inability to meet operating expens- 
es and maintain the property; that owner-occupants of 
residential housing who have substantial equity in their 
properties are at risk of loss of the property due to in- 
adequate foreclosure protections, with the resulting loss 
of affordable residential housing; that the city of Boston 
and its Housing Court should take appropriate action to 
safeguard against loss of this housing and ensure that it 
is properly maintained while safeguarding the interests of 
tenants, mortgagors, utility providers, and the City; that 
additional procedural protections are needed to safeguard 
such homeowners against avoidable foreclosure; and that 
unless rent increases and evictions of tenants in larger, 
non-owner-occupied properties are regulated, and addi- 



tional protections are provided for such owner-occupants, 
particularly those who are elderly, disabled, or of low-to- 
moderate income, such emergency and the inflationary 
pressures resulting therefrom will produce serious threats 
to the public health, safety, and general welfare of the 
residents of said city; that such emergency should be met 
by the commonwealth immediately, with due regard for 
the rights and responsibilities of the city of Boston; and 
therefore, this act is declared to be in the public interest. 
THEREFORE BE IT 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 Constitu- 
tion 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 One: Tenant Protections. 

Notwithstanding the provisions of any general or spe- 
cial law to the contrary, including, without limitation, 
the provisions of chapter six hundred sixty-five of the 
acts of nineteen hundred fifty-six, chapter five hundred 
twenty-seven of the acts of nineteen hundred eighty-three, 
as amended, and chapter two hundred eighty-two of the 
acts of nineteen hundred ninety-four, and the provisions 
of General Laws chapters forty P. one hundred fifty-six 
B, one hundred fifty-seven, and one hundred eighty-three 
A, the city of Boston may, by ordinance, regulate the rent 
in the manner described herein for the use or occupancy 
of housing accommodations in structures having three or 
more dwelling units, excluding motels, hotels, or inns, ex- 
cluding public housing owned or operated by the Boston 
Housing Authority, excluding housing accommodations 
newly constructed after the first day of September, two 
thousand and two, and excluding housing accommoda- 
tions in structures having six or fewer dwelling units one 
of which is occupied by an owner of the entire structure 
as his or her permanent residence (hereinafter, "covered 
housing accommodations"); provided, however, that 
where an owner occupies one dwellmg unit in the city of 
Boston as his or her primary residence, he may exempt 
any combination of up to six dwelling units in one or 
more structures of six or fewer dwelling units, in addition 
to that dwelling unit, from coverage; provided further, 
however, that the ordinance may provide that the adminis- 
tering agency or officer which is established or designated 
(hereinafter "administrating agency") may. after a hear- 
ing, exclude housing accommodations from coverage if 
they are owned and operated by a bona fide entity as a 
part of a scheme to preserve or create affordable housing 
and which provides appropriate protections for rent stabi- 
lization, avoidance of tenant displacement, and security 
of tenure. Such rent regulation shall be supplemental to 
that currently permitted by applicable law for housing ac- 
commodations in mobile homes and mobile home parks, 
pursuant to the provisions of chapter five hundred four of 
the acts of nineteen hundred eighty-seven. 

(A) Rent Grie\'ance. The ordinance may provide that 
at the time that an owner of a covered housing accom- 
modation seeks an increase in the rent for an occupied 
unit, he or she must give the tenant or household written 
notice in a form approved by the administering agency of 
the tenant's right to grieve certain increases in the rent or 
certain changes in responsibility for utilities. Tenants who 
are of low or moderate income, or households that include 
elderly or disabled members (as defined in the ordinance), 
shall have the right to file a rent grievance with the agency 
for any increase in the rent in excess of five percent (5%); 
all other tenants shall have the right to file a rent grievance 
for any increase in the rent in excess often percent (10%). 
A change in responsibility for non-telecommunications 
utilities which would result in an increase in tenant ex- 
penses above the grievable amount for such household 
shall also be deemed to be grievable by any tenant; the ad- 
ministering agency shall develop a methodology (such as, 
but not necessarily limited to. current utility "allowances 
used for rental assistance purposes) for this' calculation. 
A rent increase in excess of the grievable amount or a 



OCTOBER 20, 2004 



319 



change in responsibility tor utilities as described abo\c 
which does not include proper notice of grievance nghts 
is invalid. The tenant must file such grievance within 
thirty (30) calendar days of receipt of proper notice from 
the owner; the administering agency may allow filing of a 
grievance late for demonstrated good cause. If the tenant 
does not timely file a grievance after proper notice and the 
landlord and tenant agree to a new rent or a change in re- 
sponsibility for utilities, that rent shall be the new rent. If 
the tenant files a properly completed and timely grievance, 
the administering agency shall hold an expedited hearing. 
The landlord may challenge the qualification claimed 
by the tenant or household members for low or moder- 
ate income, elderly, or disabled status, or may show that 
there are hardship factors, such as reasonable, necessary, 
or unavoidable increases in operating expenses or reason- 
able, necessary, or unavoidable capital improvements or 
replacements (reasonable, necessary, or unavoidable in- 
creases shall not include mortgage interest and amortiza- 
tion or costs associated with purchase, financing, or refi- 
nancing), or that the landlord is elderly, disabled, or of low 
to moderate income, which would justify an increase in 
excess of the grievable amount. The administering agency 
shall issue a decision within sixty (60) calendar days of 
receipt of a properly completed grievance, and if a rent 
increase or change in responsibility for utilities is permit- 
ted in whole or in part, a new rent shall be established in 
accordance with the decision. The landlord shall not be 
permitted to seek an increase in the rent (and or change 
in utilities) more than once in a twelve (12) month period. 
The ordinance shall not regulate increases in rent that oc- 
cur as a result of vacancy and rental of the unit to a new 
tenant household. 

(B) Tenant Petition for Rent Decrease/Abatement When 
Substandard Conditions Not Remedied. Such ordinance 
may also provide that, in addition to remedies currently 
available, where an owner of a covered housing accom- 
modation fails to remedy violations of the State Sanitary 
Code or other codes affecting the health and safety of the 
covered housing accommodation, the tenant may petition 
the administering agency to decrease-abate the rent as an 
incentive for the owner to remedy such violations. The 
tenant may only utilize this remedy after first seeking re- 
course through the Inspectional Services Department or 
other code enforcement agency and giving the owner a 
reasonable opportunity for repair. The tenant may not use 
this remedy if he or she is withholding rent, except as 
authorized under applicable law, or if the administering 
agency has unreasonably denied access to the owner for 
inspection or repairs. Any decrease or abatement in the 
covered housing accommodation shall only be effective 
for the period that the unit remains in disrepair; where 
there is a dispute as to completion of repairs, the adminis- 
tering agency or officer shall resolve that dispute. 

(C) Evictions. Such ordinance may also provide that 
no person shall bring any action to recover possession of 
a covered housing accommodation unless just cause is 
established, i.e.: 

( 1 ) the tenant has failed to pay the rent to which the 
landlord is entitled; 

(2) the tenant has violated an obligation or covenant of 
his or her tenancy not inconsistent with chapter ninety- 
three A of the General Laws, or this act or the ordinance 
or regulations issued pursuant thereto, other than the 
obligation to surrender possession upon proper notice, 
and the tenant has failed to cure such violation within 
a reasonable period after having received written notice 
thereof from the landlord; 

(3) the tenant is committing or permitting to exist a 
nuisance in, or is causing substantial damage to, the cov- 
ered housing accommodation or is creating a substantial 
interference with the comfort, safety, or enjoyment of the 
landlord or other occupants of the same or any adjacent 
residential dwelling unit; 

(4) the tenant has used or permitted the covered hous- 
ing accommodation to be used for any illegal purposes, 
or the tenancy has otherwise been properly annulled/ter- 
minated pursuant to the statutory nuisance provisions of 
section nineteen of chapter one-hundred thirty nine of the 



General Laws; 

(5) the tenant, who had a written lease or rental agree- 
ment which terminated, has refused, after written request 
or demand by the landlord, to execute a written extension 
or renewal thereof for a further term of like duration and 
on such terms as are not inconsistent with or violative of 
any provision of chapter ninety-three A of the General 
Laws or this act or the ordinance or regulations issued 
pursuant thereto; 

(6) the tenant has refused the landlord reasonable ac- 
cess to the covered housing accommodation for the pur- 
pose of making necessary repairs or improvements re- 
quired by the laws of the commonwealth or any political 
subdivision thereof, or for the purposes of inspection as 
permitted or required by such tenant's rental agreement or 
by law, or for the purpose of showing the covered hous- 
ing accommodation to any prospective purchaser or mort- 
gagee; 

(7) the person holding at the end of a lease term is a 
subtenant not approved by the landlord; 

(8) the landlord seeks to recover possession in good 
faith for use and occupancy of the covered housing ac- 
commodation for his or her own use and occupancy or for 
the use and occupancy by his or her spouse or domestic 
partner, children, grandchildren, great grandchildren, par- 
ents, grandparents, brother, sister, father-in-law, mother- 
in-law, son-in-law, or daughter-in-law; 

(9) the landlord seeks to recover possession for any 
other just cause, provided that his or her piupose is not 
in conflict with the provisions and purposes of chapter 
ninety-three A of the General Laws or this act or the ordi- 
nance or regulations issued pursuant thereto. Sale of the 
property or optional renovation of the property shall not 
be considered other just cause. A landlord may, however, 
temporarily relocate tenants during the course of repairs 
necessary to bring covered housing accommodations into 
current compliance with health or safety codes, provided 
that he or she provides adequate alternative housing dur- 
ing such temporary relocation and the tenants are restored 
to the original covered housing accommodation at the end 
of such temporary relocation period on terms and con- 
ditions similar to those in effect prior to the temporary 
relocation. 

Such eviction regulation shall be supplemental to that 
currently permitted by applicable law for housing accom- 
modations in mobile homes and mobile home parks, pur- 
suant to the provisions of chapter five hundred four of the 
acts of nineteen hundred eighty-seven. 

Notwithstanding the foregoing, the United States, the 
commonwealth, or any agency or political subdivision 
thereof may maintain an action or proceeding to recover 
possession of any covered housing accommodations op- 
erated by it where such action or proceeding is authorized 
by the statute or regulation under which such accommo- 
dations are administered. 

No certificate of eviction from the administering 
agency or officer shall be required as a precondition for 
an owner to commence an action to dispossess the ten- 
ant. Any notice to quit or notice terminating the tenancy 
or requiring the tenant occupant to vacate shall state the 
just cause reason or reasons for eviction, and the landlord 
shall be limited to such groimds in any subsequent ac- 
tion to recover possession. The administering agency or 
officer may require that the owner provide it with a copy 
of such notice prior to the commencement of any action 
to dispossess the tenant, and may intervene in the action 
to recover possession if the owner has failed to state just 
cause as required by this Act or the ordinance. The provi- 
sions of this section shall be construed as additional re- 
strictions on the right to recover possession of a covered 
housing accommodation, and no provision of this section 
shall entitle any person to recover possession of such cov- 
ered housing accommodation. 

(D) Condominium Conversion Protections. The ordi- 
nance may also provide that the city of Boston may regu- 
late evictions and provide tenant protections relating to 
the conversion of covered housing accommodations to 
condominiums or cooperatives subject to such terms and 
conditions not inconsistent with the purposes and provi- 



320 



CITY COUNCIL 



sions of this act. Such regulation and controls shall be 
supplemental to that currently permitted by applicable 
law for housing accommodations in mobile homes and 
mobile home parks, pursuant to the provisions of chapter 
five hundred four of the acts of nineteen hundred eighty- 
seven. Upon passage of this act and the adoption of such 
ordinance by the city of Boston, so long as such ordinance 
remains in force regarding condominium or cooperative 
conversion and condominium or cooperative conversion 
evictions, the provisions of chapter five hundred twenty- 
seven of the acts of nineteen hundred eighty-three, as 
amended, shall no longer be applicable to the city of Bos- 
ton. 

(E) Protection of Single Room Occupancy Housing. 
The ordinance may also provide that covered housing ac- 
commodations which are or have been lodging house units 
may be regulated, such that a removal permit is required if 
such units will no longer be used as lodging house units, 
if there is a reduction in the total number of lodging house 
units in a building or structure, if such units are to be de- 
molished, or if such lodging house units are vacant for 
one hundred eighty days or more without a showing of 
good cause for such vacancy. Good cause for extended 
vacancy shall include, but not be limited to, substantial 
rehabilitation or substantial upgrading of a unit for lodg- 
ing house purposes, or seasonal vacancy of a unit. 

(F) Notice At Time of Sale. The ordinance may also 
provide that owners of covered housing accommoda- 
tions shall notify the tenants of any proposed sale of the 
property and shall inform the prospective owner of the 
requirement of the ordinance. A failure to provide such 
notice shall not affect the validity of title or the right to 
convey the property. 

(G) Finders Fees/Arrangements. The ordinance may 
also provide for limits on the fees that can be charged 
and/or collected and the arrangements that can be made 
in conjunction with finding and securing covered hous- 
ing accommodations, in addition to such limitations as 
currently exist under section eighty-seven DDD 1/2 of 
chapter one hundred and twelve of the General Laws and 
the Code of Massachusetts Regulations chapter 254, sec- 
tion seven. 

(H) Fair Housing Considerations. The ordinance may 
also provide that the agency may refer a matter to the Bos- 
ton Fair Housing Commission or other fair housing agen- 
cies for investigation if the agency finds reasonable cause 
to believe that a landlord of a covered housing accom- 
modation has committed a violation of federal or state 
fair housing laws or has acted in a discriminatory maimer 
toward a tenant or prospective tenant due to the tenant's 
elderly, disabled, or low-to-moderate income status. 

(I) Hearings and Judicial Revieyi'; Enforcement. The 
ordinance may provide that any hearings related to rent 
grievances, rent abatements, removal or conversion of 
covered housing accommodations, or compliance with 
the act, ordinance, or regulations promulgated pursuant 
thereto shall be conducted in accordance with the provi- 
sions of section eleven of chapter thirty A of the General 
Laws except that requirements (7) and (8) of such section 
eleven shall not apply to such hearings. All decisions of 
the administering agency or officer may be appealed to 
the housing court department of the trial court, city of 
Boston division, within thirty calendar days after the no- 
tice of such decision. The housing court department of 
the trial court, city of Boston division, shall have jurisdic- 
tion to enforce the provisions of this act, any ordinance 
adopted hereunder, and any rules, regulations, or orders 
promulgated pursuant to such ordinance, and may restrain 
or enjoin violations of such ordinance, rules, regulations, 
or orders. 

(J) Civil Remedies. The ordinance may also provide 
that the housing court department of the trial court, city 
of Boston division, shall also have authority to grant res- 
titution to any affected tenants for any rent accepted, re- 
ceived, or retained in excess of what is permitted by this 
Act, the ordinance, or any rules, regulations, and orders 
promulgated hereunder, either on petition by such tenants 
or by the agency. In appropriate cases the court may award 
damages, reasonable attorney's fees, and costs in accor- 



dance with chapter ninety-three A of the General Laws 
where conduct in violation of this Act, the ordinance, and 
any rules, regulations, and orders promulgated hereunder 
would also constitute a violation of such chapter. The 
Housing Court of the City of Boston shall have exclusive 
original jurisdiction over all such actions and complaints. 
(K) Construing Harmoniously With Other Home Rule 
Legislation. The ordinance may also provide that should 
other home rule legislation be adopted by the General 
Court granting the City of Boston authority to regulate 
rents and evictions and provide other protections for gov- 
emmentally or formerly govemmentally involved hous- 
ing, this legislation and such legislation shall be construed 
to both be effective, and to operate in harmony, with the 
greatest level of tenant protections provided under either 
home rule law. 

Section Two: Protections for Elderly. Disabled, and 
Low-to-Moderate Income Small Property Owners Who 
Are Owner-Occupants. 

(A) City Agencies to Review Whether Certain Owner- 
Occupants Are Elderly, Disabled, or Low-to-Moderate 
Income Persons and Offer Alternative Assistance Before 
Taking Adverse Action. Notwithstanding any law to the 
contrary, and in addition to other remedies that may be 
available, the city of Boston may adopt an ordinance pro- 
viding protections to elderly, disabled, or low-to-moder- 
ate income persons owning between one and six units of 
residential rental housing in the city of Boston, one of 
which is occupied by the owner as his or her primary resi- 
dence. Such ordinance shall require Inspectional Services 
Department of the City of Boston (hereinafter "TSD"), 
the Boston Water and Sewer Commission, (hereinafter 
"BWSC"), and the agency or officer responsible for tax 
foreclosure to determine whether the affected property 
is occupied by an elderly, disabled, or low-to-moderate 
income person owning between one and six units of resi- 
dential housing in the city of Boston. Such agencies shall 
determine whether noncompliance with code require- 
ments, failure to pay water and sewer bills, or failure to 
pay taxes may be due to the owner's inability to meet op- 
erating expenses because of utility costs, mortgage costs, 
taxes, withheld rent, underutilized rental stock, or the 
need for a greater income stream. If such is the case, such 
agencies, in conjunction with the Department of Neigh- 
borhood Development of the City of Boston (hereinafter 
"DND") shall notify the owner of any available programs, 
such as rehabilitation loans or grants, or deferred payment 
in exchange for reverse equity or a lien to be recovered 
on sale, that might resolve the matter, and give the owner 
a reasonable opportunity to use such remedies as an al- 
ternative to enforcement or foreclosure. In cases where 
a third party was the source of the problem (e.g., a ten- 
ant not paying the rent, or paying an insufficient rent, a 
subsidy agency such as the Boston Housing Authority not 
paying the subsidized portion of the rent, or a bank or 
utility other than the Boston Water and Sewer Commis- 
sion threatening mortgage foreclosure or utility termina- 
tion), the city shall offer the third part)' and the owner an 
opportunity to resolve the matter through counseling or 
mediation involving a non-profit community agency des- 
ignated by the city. 

(B) ISD Petition to Housing Court for Repair and Ac- 
cess Plan and Rent Payment Order: In a case where ISD 
finds that the affected property is not being maintained, 
that the programs, deferral, or counseling or mediation 
discussed in subsection (A) are unable to resolve the mat- 
ter, and that tenants or subsidy agencies are not paying 
rent, ISD shall petition the Boston Housing Court on the 
owner's behalf, in a manner similar to that pro\ ided for 
tenants under Massachusetts General Law chapter 111, 
subsections 127 C-F, for an order for repairs, access, and 
the payment of prospective rent (including any withheld 
rent subsidies) into court. ISD shall give "notice of such 
proceedings to the tenants, any subsidy agencies, and any 
mortgagors of record, as well as any utility company or 
fuel provider threatening termination, of service. In such a 
proceeding, the court shall determine the fair rental value 



OCTOBER 20, 2004 



321 



to be paid in accordance with Massachusetts General Law 
chapter 111, subsection 127F; provided, however, the ten- 
ant or subsidy agency shall be credited with any payment 
authorized as a credit toward rent under Massachusetts 
General Law chapter 111, subsection 127L, Massachu- 
setts General Law chapter 164, subsection 127D, Massa- 
chusetts General Law chapter 127 subsection 124 D, Mas- 
sachusetts General Law chapter 1 83 A, section 6(c), or the 
regulations of the Boston Water and Sewer Commission 
(for tenant payment to maintain service when termina- 
tion is threatened due to owner non-payment). The owner 
shall be "held harmless" fi^om liability under the implied 
warranty of habitability or other conditions-related claims 
under applicable law for the period of the order as long as 
repairs are carried out in accordance with the court order; 
the owner may, however, be liable for actual consequential 
damages (i.e., damages other than statutory damages or 
reduction in the fair rental value, such as personal injury 
or property damage/loss) for such period. The tenants and 
subsidy agencies shall be held harmless from liability for 
rent/use and occupancy for the period of the order as long 
as the fair rental value is being paid in accordance with 
the court order; the tenant may, however, be liable for 
actual consequential damages (i.e., damages other than 
damages for rent/use and occupancy) for such period. If 
the court order is violated (rent is not paid, or repairs are 
not carried out), or if either party does not cooperate in 
providing reasonable notice or access related to repairs, 
the court shall, following a hearing, enter an order for ap- 
propriate relief. 

(C) Bar on Mortgage Foreclosure or Termination of 
Utility/Fuel Service Pending Code Enforcement. Where 
an order is sought under subsection (B) above, any mort- 
gagor or utility or fuel provider shall be barred from 
proceeding with mortgage foreclosure or termination of 
service absent approval by the court. Any such mortgagor 
or utility or fuel provider may seek appropriate relief fi-om 
the court to safeguard its interests. 

(D) Owner-Occupant s Right to Seek Relief Without 
Recourse to ISD. An elderly, disabled, or low-to-moderate 
income owner-occupant, as described above, may seek the 
relief described above directly through the Boston Hous- 
ing Court without resort to ISD in cases where the prop- 
erty was not being maintained properly because of non- 
payment of rent or subsidy, provided, however, the Boston 
Housing Court may refer the matter to ISD and/or DND 
to determine whether any existing programs or available 
mediation or counseling assistance could assist in resolv- 
ing the problem and provided, further, that the owner con- 
sents to a plan for repairs developed by the Court either 
directly or through the assistance of ISD. This shall not be 
construed as a limitation on any existing remedy available 
to such owners. 

Section Three: Additional Procedural Protections for 
Certain Homeowners Facing Foreclosure. Notwithstand- 
ing any law to the contrary, and in addition to other rem- 
edies that may be available, the city of Boston may adopt 
an ordinance providing protections to persons owning be- 
tween one and four units of residential rental housing in 
the city of Boston, one of which is occupied by the owner 
as his or her primary residence. 

(A) Definitions. Under the ordinance, the following 
words shall have the following meanings: 

(1) "Residential mortgage", an obligation to pay a sum 
of money, evidenced by a security document and secured 
by a lien on real property located within the common- 
wealth, containing four or fewer residential units and shall 
include such an obligation on a residential condominium 
unit. No mortgage shall be a residential mortgage within 
the meaning of the ordinance unless one or more residen- 
tial units at the property securing the loan is located in the 
city of Boston and is occupied by the residential mortgage 
debtor with a primary residence at that address as of two 
weeks prior to the date of the notice sent pursuant to sub- 
section (B). 

(2) "Residential mortgage lender", any person or other 
entity who lends money or extends or grants credit and 
obtains a residential mortgage to assure payment of the 



debt. The term shall also include the holder at any time of 
a residential mortgage obligation. 

(3) "Residential mortgage debtor", a borrower who 
is obligated to a residential mortgage lender to repay in 
whole or in part a residential mortgage, and a successor 
owner of record. 

(B) Notice of Intent to Foreclose. The ordinance may 
also provide that a residential mortgage lender or its 
agent shall give the residential mortgage debtor notice of 
its intention to begin foreclosure proceedings. Failure to 
provide such notice shall allow for a cause of action to 
restrain a pending foreclosure and for damages and eq- 
uitable relief, if applicable, following foreclosure. Such 
notice shall be in writing, sent to the residential mortgage 
debtor by registered or certified mail and by regular first 
class mail to his last known address and, if different, to the 
residence which is the subject of the residential mortgage. 
Such notice shall clearly and conspicuously state in plain 
and simple language: 

(1) Facts sufficient to identify the mortgage and the 
parties thereto, including but not limited to, the name 
of the present holder of the mortgage, the original mort- 
gagee, the lender which intends to foreclose, any servicer 
or agent acting on his behalf, and the name, address, and 
working telephone number of the entity responsible for 
responding to inquiries by the residential mortgage debt- 
or; 

(2) The nature of the default claimed; 

(3) The right of the residential mortgage debtor to cure 
the default as provided in subsection (C), and what per- 
formance, including what sum of money, if any, must be 
tendered to cure the default; provided, however, that in 
making such statement the lender may advise the debtor 
that the amounts stated are based on the information con- 
tained in the lender's records on the date of the notice, and 
that the amounts stated do not reflect items not posted, or 
adjustments, disbursements, or transactions not reflected 
in the lender's records at the time of the notice or occur- 
ring subsequent to the date of the notice; 

(4) That the residential mortgage debtor may contact 
the entity identified in clause ( 1 ) for current information 
concerning what performance must be tendered to cure 
the default in accordance with the relevant provisions of 
this chapter; 

(5) That the residential mortgage debtor may cure the 
default within sixty days of the date of the notice, pur- 
suant to the provisions of subsection (D), without incur- 
ring any obligation for the residential mortgage lender's 
attorney's fees or costs; 

(6) That if the default is not cured within sixty days, 
the residential mortgage debtor may become obligated 
for the residential mortgage lender's reasonable attorney's 
fees and costs; 

(7) The means by which the residential mortgage lend- 
er intends to foreclose, if the default is not cured, together 
with a reasonable estimate of the date on which such fore- 
closure might occur; 

(8) That the residential mortgage debtor may be evicted 
from the property following the foreclosure sale; 

(9) That the residential mortgage debtor has the fol- 
lowing rights, in addition to the right to cure the default 
as provided in subsection (C): 

(a) to bring an action in court to seek to prevent or 
delay the foreclosure sale; 

(b) to sell the property prior to the foreclosure sale and 
to use the proceeds to payoff the loan; 

(c) to redeem the property by paying the total amount 
due, prior to the foreclosure sale; 

(d) to approach the residential mortgage lender prior 
to the foreclosure sale to seek a negotiated agreement to 
repay the mortgage on terms that are different from or 
alternative to the original terms of the mortgage; and 

(e) to obtain copies of documents related to the original 
mortgage, including but not limited to, copies of the mort- 
gage, note, disclosure statement, and payment records; 

(10) That the residential mortgage debtor may have the 
following additional rights, depending on the terms of the 
residential mortgage: 

(a) to transfer the property to a third party subject to 



322 



CITY COUNCIL 



the security interest held by the residential mortgage lend- 
er and the transferee's right, if any, to cure the default; 

(b) to refinance the obligation by obtaining a loan 
which would fiilly repay the residential mortgage debtor; 
and 

(c) to voluntarily grant a deed to the residential mort- 
gage lender in lieu of foreclosure. 

The residential mortgage lender shall respond in writ- 
ing to any request for documents made pursuant to this 
section within ten business days. 

The administering agency shall promulgate a form no- 
tice which meets the requirements of this section. Use of 
such a form notice, if it does not contain materially inac- 
curate information, shall constitute compliance with this 
section. The notice shall contain the following declaration 
on the first page in Spanish, in any other language which 
the lender knows is the debtor's primary language, and 
any other language deemed appropriate by the depart- 
ment: "This is an important notice concerning your right 
to live in your home. Have it translated at once." 

(C) Right to Cure. The ordinance may also provide 
that, notwithstanding the provisions of any other law to 
the contrary, at any time up to the scheduled or actual 
time of bidding at a sale to foreclose a residential mort- 
gage, the residential mortgage debtor or anyone acting on 
his behalf may cure the default, prevent foreclosure, and 
avoid acceleration by paying the mortgage lender all sums 
which would then be due under the residential mortgage 
if no acceleration had occurred; curing any default of 
any other covenant or agreement of which the residen- 
tial mortgage debtor had notice pursuant to section two; 
paying all expenses incurred in enforcing the residential 
mortgage as provided in section four: and performing any 
non-monetary obligations required under the residential 
mortgage. Payment shall not be refused if it is in the form 
of a cashier's check, certified check, treasurer's check, 
money order, or cash. Cure of a default pursuant to this 
section shall restore the residential mortgage debtor to the 
same position as if the default had not occurred. 

(D) Limitation on Attorney's Fees and Costs in Con- 
junction with Default. The ordinance may also provide 
that if a residential mortgage contract provides for the 
payment of attorney's fees and costs in the event of a de- 
fault, such fees and costs shall be reasonable and shall 
not be charged as a percentage of the amounts due under 
the mortgage. No residential mortgage lender may charge 
attorney's fees or costs for legal expenses incurred prior 
to the expiration of the sixty-day period provided in sub- 
section (B), if the residential mortgage debtor cures the 
default within such sixty-day period. 

(E) Information Provided After Foreclosure Sale. The 
ordinance may also provide that within ten days following 
the foreclosure sale, the residential mortgage lender shall 
provide to the residential mortgage debtor a notice, which 
clearly and conspicuously states the highest bid price and 
the identity of the highest bidder. Within ten days of the 
filing or recording of the foreclosure deed, the residential 
mortgage lender shall provide to the residential mortgage 
debtor a notice, which clearly and conspicuously states: 

( 1 ) The date, time, and nature of the foreclosure sale 
and the name of the purchaser; 

(2) The amount of money, if any, received by the resi- 
dential mortgage lender following the foreclosure; 

(3) The distribution of the proceeds of sale with an 
accounting of any costs or fees associated with the sale, 
together with a statement of the residential mortgage 
debtor's right to claim against or dispute the proposed 
distribution; 

(4) The right of the debtor to obtain copies of docu- 
ments related to the sale or disposition, including, but not 
limited to copies of the record of sale or disposition, title 
records, and an accounting of the residential mortgage 
lender's claim, together with a description of how those 
records may be obtained; and 

(5) The name, address, and telephone number of the 
entity to which inquiries, requests for record or disputes 
concerning disposition of the proceeds of sale may be ad- 
dressed. 

Each notice shall be in writing, sent to the residential 



mortgage debtor by registered or certified mail and by 
regular first class mail to his last known address and, if 
different, to the residence which is the subject of the resi- 
dential mortgage. 

The administering agency shall promulgate a form no- 
tice which meets the requirements of this section. Use of 
such a form notice, if it does not contain materially inac- 
curate information, shall constitute compliance with this 
section. The notice shall contain the following declaration 
on the first page in Spanish, in any other language which 
the lender knows is the debtor's primary language, and 
any other language deemed appropriate by the depart- 
ment: "This is an important notice concerning your right 
to live in your home. Have it translated at once." 

(F) 180 Day Notice Period Prior to Foreclosure. Such 
ordinance may also provide that no foreclosure subject 
to the ordinance shall take place within one hundred and 
eighty days of the sending of the notice required by sub- 
section (B), absent a court order. The Superior Court shall 
have jurisdiction to issue any such order following rea- 
sonable notice to the residential mortgage debtor and op- 
portunity to be heard. Such order shall issue upon a show- 
ing of clear and convincing evidence by the residential 
mortgage lender that justice requires it and after notice 
to the residential mortgage debtor and a fiill evidentiary 
hearing. 

(G) Liability under Massachusetts General Law Chap- 
ter 93A. The ordinance may also provide that in addition 
to any other available remedies, failure of a residential 
mortgage lender to comply with any provision of the or- 
dinance shall allow for a cause of action for total damages 
under G.L. c. 93 A of not less than five hundred dollars. 

(H) Determining the Amount of the Deficiency Judg- 
ment. The ordinance may also provide that the amount of 
judgment for a deficiency brought under the provisions 
of section seventeen A of chapter two hundred and forty- 
four on a residential mortgage shall be the debt plus any 
liens senior to the foreclosing mortgagee's interest less 
the higher of either the sale price at the foreclosure or the 
fair market value of the property at the time of the fore- 
closure. The price obtained at the foreclosure sale may be 
admitted as evidence of the fair market value; provided, 
however, that such sale price shall not be conclusive evi- 
dence of the fair market value; and provided fiarther that 
the court shall make an independent determination of fair 
market value based on all the evidence. 

(1) Lender's Accounting for Proceeds of Resale. The 
ordinance may also provide that upon the foreclosure of a 
residential mortgage which is sold or otherwise acquired 
by the residential mortgage lender, its agents, assigns, or 
any entity other than a bona fide third party purchaser for 
value, the entity or person acquiring the mortgage shall 
be required to account to the residential mortgage debtor 
for any proceeds of a resale which takes place within the 
eighteen months following the original sale or disposi- 
tion. Any entity or person with an obligation under this 
section: 

( 1 ) may retain all sums advanced to acquire the prop- 
erty ft'om the proceeds of the resale, plus any sums rea- 
sonably expended to maintain, repair, or improve the 
property, plus twenty-five percent of the balance of the 
proceeds. Any surplus proceeds must be returned to the 
residential mortgage debtor; 

(2) must make reasonable efforts to locate any person 
entitled to a refijnd under this section, including, but not 
limited to mailing to that person's last known address and 
a check of telephone listing in the community where the 
debtor last lived. 

(J) Anti-Waiver Provision. The ordinance shall also 
provide that the provisions of the ordinance and this Act 
shall not be waived and any agreement to waive them or 
covenant not to rely upon them shall be void. 

Section Four: Administering Agency or Officer; Fees; 
Regidations; Periodic Review: Sunset. 

Upon adoption by the city of Boston of one or more 
ordinances under the authority of this Act. an appropri- 
ate administering agency or oi¥icer shall be established or 
designated in accordance with the terms of such ordinance 



OCTOBER 20, 2004 



323 



or ordinances, whose appointment and performance shall 
be subject to review by the members of the Boston City 
Council, and whose duties will including proper balancing 
of the interests of tenants, landlords, and other persons af- 
fected by such ordinance or ordinances. The ordinance or 
ordinances may also establish reasonable fees required for 
administration of relief requested by tenants, landlords, 
and homeowners; such fees shall be intended to limit the 
costs to the city of administration, but shall at the same 
time be sufficiently low as to not discourage parties from 
seeking appropriate relief, and may be established on a 
sliding scale basis. The ordinance or ordinances may also 
provide that the administering agency or officer shall have 
the power to promulgate rules, regulations, or orders, to 
the extent necessary to enforce the purposes and provi- 
sions of this act and the ordinance or ordinances. The 
Boston City Council and the Mayor shall have the power 
to periodically review such rules, regulations, or order, as 
well as to review whether there continues to be a housing 
emergency which justifies such ordinance or ordinances, 
and to take appropriate action in light of that review. The 
ordinance or ordinances adopted under the authority of 
this act shall have a sunset provision, providing that the 
ordinance shall end no later than ten (10) years from its 
adoption; provided, however, the City Council and Mayor 
of the City of Boston shall have the authority to extend 
the ordinance or ordinances at or prior to the lapsing of 
the sunset period upon finding that there continues to be 
a housing emergency which justifies such ordinance or 
ordinances, and without the need for additional home rule 
authority. 

Section Five: Severability. 

If any provision of the act or the application of such 
provision to any person or circumstance shall be held 
invalid, the validity of the remainder of this act and the 
applicability of the provision to other persons or circum- 
stances shall not be affected thereby. 

Referred to the Cominittee on Government Opera- 
tions. 



a hawkers license; rules and regulations governing the use 
of a hawkers license; training procedures/programs for 
City of Boston personnel who carry out enforcement. 

Referred to the Committee on Intergovernmental 
Relations. 



ORDER FOR HEARING RE: TRUANCY IN PUBLIC 
SCHOOLS (DOCKET NO. 1405) 

Councilors HENNIGAN, FLAHERTY, FEENEY, 
MURPHY and ARROYO offered the following: 

Whereas: Truancy has been a continuing problem in 
the Boston Public Schools; and 

Whereas: It has been reported that, "The Boston Pub- 
lic Schools have been "identified for improvement" under 
U.S. standards because of a 91.8 percent attendance rate, 
0.2 percent short of the new benchmark"; and 

Whereas: Free tutoring for 1300 poor children is in 
jeopardy because of this designation; and 

Whereas: Boston has steadily cut back on the number 
of truant officers it employees from 11 in 1 999 to 6 pres- 
ently; and 

Whereas: In 1999, a Boston Bar Association report 
found one third of all Hub students were absent 16 days 
or more a year; therefore be it 

Ordered: The Boston city council hold a hearing and 
invite appropriate officials to testify as to the city's plan 
to address this important educational issue; and be it fur- 
ther 

Ordered: That Chris Troy, President of the Boston Ur- 
ban Youth Foundation, be invited to testify about his suc- 
cessful initiative of sending caseworkers into the Boston 
Public Schools to work individually with students. 

Referred to the Committee on Education. 



ORDER FOR HEARING ON GROWING CONCERN 
NATIONALLY, STATEWIDE AND WITHIN 
BOSTON RE: PROBLEM OF INDOOR MOLD 
CONTAMINATION AND POOR INDOOR AIR 
QUALITY DUE TO WATER INTRUSION IN 
PUBLIC AND PRIVATE BUILDINGS (DOCKET 
NO. 1407) 

Councilors HENNIGAN, TURNER, ARROYO, 
YANCEY, FEENEY, FLAHERTY, MURPHY, ROSS and 
SCAPICCHIO offered the following: 

WHEREAS: There is growing concern nationally, 
statewide and within Boston, regarding the problem of in- 
door mold contamination and poor indoor air quality due 
to water intrusion in public and private buildings; AND 

WHEREAS: EPA, Boston Contamination Massachu- 
setts Nurses Association, MassCosh, Boston Urban Asth- 
ma Coalition, HUD, Sheet Metal Workers Union, Na- 
tional Teachers Association, Indian Health Service, and 
many other agencies and organizations have conducted 
vast amounts of research or have recognized through this 
research the known serious health effects and property 
damage caused by indoor mold; AND 

WHEREAS: The issue of indoor mold contamination 
in all buildings has been an issue of concern to residents 
of the City of Boston; AND 

WHEREAS: Potential health effects and symptoms as- 
sociated with mold exposures included but are not limited 
to, include allergic reactions, asthma, and other respira- 
tory complaints; AND 

WHEREAS: That the Boston City Council urges the 
Mayor and Boston Public Health Commission to work lo- 
cally and nationally with the Boston Congressional Del- 
egation to seek passage of legislation, H.R. 1268 - U.S. 
Toxic Mold Safety and Protection Act; that could offer 
help to the City of Boston to remediate public buildings 
with indoor air quality problems; THEREFORE BE IT 

ORDERED: That the appropriate committee of the 
Boston City Council convene a hearing to address this 
serious public health threat and learn what Boston can do, 
as a city, to educate the public and prevent fiarther con- 
tamination 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER FOR HEARING RE: PROCEDURE OBTAIN- 
ING HAWKERS LICENSE (DOCKET NO. 1406) 

Councilors HENNIGAN, FEENEY, ARROYO and 
TURNER offered the following: 

Order for a hearing regarding procedure for obtaining 



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 Kelly: Congratulating the Republic of China 
(Docket No. 1408). 

Councilor Scapicchio: Congratulating Michael Cintolo 
(Docket No. 1409); Congratulating 6 persons in partici- 
pating in the 2004 Columbus Day Parade and Celebration 
(Docket No. 1410). 

Councilor Flaherty: Congratulating 33 persons on their 
dedication and service to the Boston Police Department 
(Docket No. 1411). 

Councilor Feeney: Congratulating Vietnamese-Amer- 
ican Civic Association, Inc. (Docket No. 1412); Congrat- 
ulating Mr. Thomas Francis Keaveny (Docket No. 1413); 
Congratulating Joe and Mary "Mossy" Harty (Docket 
No. 1414). 

Councilor Hennigan: Congratulating Victor Andres 
Triay (Docket No. 1415); Congratulating Alfredo Man- 
rara (Docket No. 1416); Congratulating Lydia Usategui 
(Docket No. 1417); Congratulating Jose Cohen (Docket 



324 CITY COUNCIL 



No. 1418). 

Councilor Murphy: Congratulating Detective Mark D. 
Lawless (Docket No. 1419). 

Councilor McDermott: Congratulating Linda Carroll 
(Docket No. 1420); Congratulating Ronnie Millar (Dock- 
et No. 1421). 

Councilor Scapicchio: Congratulating Warren Alberts 
(Docket No. 1422); Congratulating John R. Duffy (Dock- 
et No. 1423). 

Councilor Arroyo: Congratulating the Boston Folk 
Festival and UMass Boston (Docket No. 1424). 

Councilor McDermott: Congratulating Barbera Insur- 
ance (Docket No. 1425); Congratulating Virginia "Gin- 
ger" Ellington (Docket No. 1426). 

Councilors Yancey, Turner, Arroyo and Hennigan: 
Congratulating the Joy of Learning Montessori School 
(Docket No. 1427); Congratulating the Honorable Dr. 
Jerrol Thompson (Docket No. 1428); Congratulating St. 
Vincent and the Grenadines Association of Massachusetts 
(Docket No. 1429). 

Councilor Consalvo: Congratulating Mary Falcione 
(Docket No. 1430); Congratulating Bill McElhinney 
(Docket No. 1431). 

Councilor Tobin: Congratulating Richard Bunbury 
(Docket No. 1432). 

Councilor Feeney: Congratulating Pat Leahy (Docket 
No. 1433); Congratulating Tom Leahy (Docket No. 
1434). 

Councilor Yancey: Congratulating Detra Chandler- 
McGovem (Docket No. 1435); Congratulating Murtonda 
Durant (Docket No. 1436). 

Councilor Consalvo: Congratulating Roslindale Vil- 
lage Main Streets entry into the Great American Main 
Street Award competition (Docket No. 1437). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so, Councilor 
Scapicchio wanted to congratulate the Red Sox for their 
record breaker by coming back in the pennant series from 
a 3 and disadvantage and wish them well this evening as 
they battle toward the World Series. 



NEXT MEETING 

Adjourned at 2:10 p.m. on motion of President Fla- 
herty with continued speedy recovery to colleague Coun- 
cilor Yancey, and in memory of Tony Macallini, Richard 
Arena, Dorothy Dorsey, Alex Pappas, Bob Guiney, Dave 
Collins and Bob Caven, and with well wishes to the Red 
Sox to meet again on Wednesday, October 27, 2004 at 
11:30 a.m. 



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



CITY COUNCIL 



325 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, October 27, 2004 

Regular meeting of the City Council, held in the 
Christopher A. lannella Chamber, City Hall, at 12:00 
p.m. President Flaherty in the Chair. 



INVOCATION 

Reverend Mary E. Conroy, delivered the invocation 
and the meeting was opened with the pledge of alle- 
giance to the flag. 



STATEMENT BY COUNCILOR YANCEY 

Councilor YANCEY having returned from a recent 
illness and looking well and ready-to-go wanted to 
thank the Councilors and Mayor Menino and other well 
wishers who supported himself and his family through- 
out the past month. Having great news from the doctors, 
Councilor Yancey was here today with good reports and 
vows to be 75 percent better tomorrow and 100 percent 
better in the following days ahead. 

It's fabulous to have him back and looking well and 
feeling good. 



STATEMENT BY COUNCILOR CONSALVO 

Councilor CONSALVO presented the Sacred Heart 
School of Roslindale with a resolution for being here 
and showing an interest in Government. 



STATEMENT BY COUNCILOR ARROYO 

Councilor ARROYO presented a resolution to the 
second grade children and eighth grade children of the 
Hernandez School for their interest in being here today. 



STATEMENT BY COUNCILOR SCAPICCHIO 

Councilor SCAPICCHIO presented a resolution to 
the children in the Read Boston program at the Curtis 
Giles School and asked a young student to come up and 
read for the Council. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $495,378 FOR COLLECTIVE 
BARGAINING RESERVE FOR FY05 TO 
COVER COST OF COLLECTIVE BARGAIN- 
ING AGREEMENTS PREVIOUSLY AP- 
PROVED AND FUNDED THROUGH RE- 
SERVE TRANSFERS (DOCKET NO. 1438) 

The following was received: 

City of Boston 
Office of the Mayor 

October 26, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Collective Bargaining Reserve for FY05 in 
the amount of $495,378 to cover the cost of collective 
bargaining agreements previously approved and funded 
through reserve transfers. A previous miscalculation of 
the reserve balance necessitates this additional appropri- 



ation to bring the reserve back in balance. 

I respectfiilly request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $495,378 be, and the same 
hereby is appropriated as follows, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: - Collective Bargaining Reserve 
2005-100-999000 Personnel Services $495,378. 

Referred to the Committee on Ways and Means. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $131,300 FOR POLICE 
DEPARTMENT FOR FY05 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENT BETWEEN 
CITY AND POLICE SCHOOL TRAFFIC 
SUPERVISORS' ASSOCIATION (DOCKET 
NO. 1439) 

The following was received: 

City of Boston 
Office of the Mayor 

October 26, 2004 
To the City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation 
order for the Police Department for FY05 in the amount 
of $ 1 3 1 ,300 to cover the cost items contained within the 
collective bargaining agreement between the City of 
Boston and the Boston Police School Traffic 
Supervisor's Association. Funding for the costs of FY03 
and FY04 will be charged to reserves established for 
those years. 

I respectfiilly request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and end- 
ing June 30, 2005, the sum of $13 1,300 be, and the same 
hereby is appropriated as follows, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: - Police Department 2005-100- 
211000 Personnel Services $125,900 Supplies & 
Materials $5,400. 

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



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF 
$50,000 FROM MASSACHUSETTS OFFICE 
OF ATTORNEY GENERAL FOR PURPOSE 
OF VIETNAMESE COMMUNITY RELA- 
TIONS SPECIALIST TO PROVIDE OUT- 
REACH TO VIETNAMESE COMMUNITY IN 
DORCHESTER (DOCKET NO. 1440) 

The following was received: 

City of Boston 
Office of the Mayor 

October 5, 2004 
To the City Council 
Dear Councilors: 
I hereby transmit for your approval an Order autho- 



326 



CITY COUNCIL 



rizing the City of Boston to accept and expend a leg- 
islative grant in the amount of $50,000.00 from the 
Massachusetts Office of the Attorney General. This 
award is made for the purpose of a Vietnamese commu- 
nity relations specialist to provide outreach to the 
Vietnamese Community in Dorchester as well as over- 
time for officers to conduct walking beats in the 
Bowdoin/Geneva area of 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. 



ORDER AUTHORIZING THE CITY OF BOSTON 

TO ACCEPT AND EXPEND THE SAFE 
NEIGHBORHOOD INITIATIVE LEGISLATIVE 
GRANT FUNDS AWARDED BY THE 
MASSACHUSETTS OFFICE OF 
THE ATTORNEY GENERAL 

ORDERED: That the Police Commissioner, acting 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 the 
Massachusetts Office of the Attorney General award not 
to exceed the amount of Fifty Thousand Dollars 
($50,000.00). 

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



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



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $3,200 
FROM MASSACHUSETTS EMERGENCY 
MANAGEMENT AGENCY, STATE EMER- 
GENCY RESPONSE COMMISSION FOR 
PURPOSE OF PROVIDING ADMINISTRA- 
TIVE ASSISTANCE TO LOCAL EMER- 
GENCY PLANNING COMMITTEE (DOCKET 
NO. 1441) 

The following was received: 

City of Boston 
Office of the Mayor 

September 29, 2004 
To the City Council 
Dear 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 $3,200 from the Massachusetts 
Emergency Management Agency, State Emergency 
Response Commission. This award is made for the pur- 
pose of providing administrative assistance to the Local 
Emergency Planning Committee. 

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. 



ORDERED: That, the City of Boston's Local 
Emergency Planning Committee, acting by and through 
its Fire Department, be and hereby is, authorized to 
accept and expend, in accordance with Section 53A of 
Chapter 44 of the General Laws, an amount not to 
exceed $3,200 from the Massachusetts Emergency 
Management Agency, State Emergency Response 
Commission to be used to provide administrative assis- 
tance in planning, training, exercises and other emer- 
gency preparedness initiatives. 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $2,000 
FROM MASSACHUSETTS EMERGENCY 
MANAGEMENT AGENCY, STATE EMER- 
GENCY RESPONSE COMMISSION FOR 
PURPOSE OF PROVIDING ADMINISTRA- 
TIVE ASSISTANCE TO LOCAL EMER- 
GENCY PLANNING COMMITTEE (DOCKET 
NO. 1442) 

The following was received: 

City of Boston 
Office of the Mayor 

October 13,2004 
To the City Council 
Dear 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 $2,000 from the Massachusetts 
Emergency Management Agency, State Emergency 
Response Commission. This award is made for the pur- 
pose of providing administrative assistance to the Local 
Emergency Planning Committee. 

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, 
Mavor of Boston. 



ORDERED: That, the City of Boston, acting by and 
through its Fire Department, be and hereby is, autho- 
rized to accept and expend, in accordance with Section 
53 A of Chapter 44 of the General Laws, an amount not 
to exceed $2,000 from the Massachusetts Emergency 
Management Agency, State Emergency Response 
Commission to be used to provide administrative assis- 
tance to the Boston Local Emergency Planning 
Committee. 

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



ORDER AUTHORIZFNG FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $2,000 
FROM MASSACHUSETTS EMERGENCY 
MANAGEMENT AGENCY. STATE EMER- 
GENCY RESPONSE COMMISSION FOR 
PURPOSE OF PROVIDFNG CITYWIDE TITLE 
III FACILITY PRE-INCIDENT PLAN BOOKS 
FOR EACH OF BOSTON'S ELEVEN FIRE 
DISTRICTS AND VARIOUS DIVISIONS IN 
BOSTON FIRE DEPARTMENT (DOCKET NO. 
1443) 

The following was received: 

City of Boston 
Office of the Mayor 

October 13.2004 

To the City Council 

Dear 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 $2,000 from the Massachusetts 
Emergency Management Agency. This award is made 
for the purpose of providing citywide Title III Facihty 
Pre-Incident Plan Books for each of Boston's eleven fire 
districts and various divisions in the Boston Fire 
Department. 

I urge your Honorable Body to adopt this order as 
soon as possible so that the City of Boston may accept 



OCTOBER 27, 2004 



327 



the funds expeditiously and expend them for the pur- 
poses for which they were granted. 
Sincerely, 

Thomas M. Mcnino, 
Mayor of Boston. 



ORDERED: That, the City of Boston, acting by and 
through its Fire Department, be and hereby is, autho- 
rized to accept and expend, in accordance with Section 
53 A of Chapter 44 of the General Laws, an amount not 
to exceed $2,000 froiri the Massachusetts Emergency 
Management Agency, to be used to provide citywide 
Title III Facility Prelncident Plan Books for each of 
Boston's eleven fire districts and various divisions in the 
Boston Fire Department. 

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



ORDER RE: PROMOTION OF COMMUNITY 

DEVELOPMENT IN CITY OF BOSTON 
(DOCKET NO. 1444) 

The following was received: 

City of Boston 
Office of the Mayor 

October 26, 2004 

To the City Council 

Dear Councilors: 

I hereby transmit for your approval a City Council 
Order considering the extension of certain powers and 
responsibilities related to Boston's urban renewal pro- 
gram - an integral tool in Boston's renaissance of the 
past few decades. Boston continues to redefine itself as 
a vibrant, world-class city boasting great places to live, 
to work, and to visit Over the years, working together, 
we have built desirable homes, vital businesses, livable 
neighborhoods, beautifiil parks, and modem schools. 
We have focused millions in public investment to lever- 
age billions more in private investment. We have made 
Boston the envy of the nation. 

In order to continue our progress, we must maintain 
the tools of our success. We must continue to guide 
development into our neighborhood centers. While we 
have come far, we have more to do. The Boston 
Redevelopment Authority ("BRA") intends to hold a 
public hearing on December 2, 2004 to consider revi- 
sion and extension of the important, community-build- 
ing tools of urban renewal. The resolution of the BRA 
contains changes to the termination dates and the modi- 
fication process of certain urban renewal plans, and the 
inclusion of a mechanism for ensuring that the City 
Council is updated periodically on the activities of the 
urban renewal program. City Council support, for these 
proposed modifications is essential to continuing our 
joint efforts toward a better Boston. 

I therefore urge the approval of this City Council 
Order to promote economic development throughout 
Boston and to protect the community development tools 
that ensure livable, vibrant neighborhoods for all. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



the neighborhoods and provide places for Boston's resi- 
dents to live, work, and recreate; and 

WHEREAS, The results of this activity have been the 
creation of new homes and businesses, as well as new 
parks, schools, and other public facilities, leading to 
Boston's reputation as one of the world's most vibrant 
and livable cities; and 

WHEREAS, While much progress has been made, 
obsolete land patterns, absentee land owners, and out- 
dated infrastructure have left some underutilized land 
parcels and areas of disinvestment; and 

WHEREAS, The City's urban renewal program has 
effectuated great change in the City's central business 
district and neighborhoods, creating new opportunities 
for many of Boston's residents, and the urban renewal 
program is the appropriate method for eliminating the 
patterns of disinvestment identified above; and 

WHEREAS, The City of Boston maintains twenty- 
one (2 1 ) active urban renewal plans originally approved 
by the Boston Redevelopment Authority ("BRA"), the 
Boston City Council, and the Mayor of Boston between 
1957 and 1980; and 

WHEREAS, Federal funding for urban renewal was 
eliminated in the early 1970s, leaving little public fund- 
ing to complete the goals and objectives of the plans; 
and 

WHEREAS, New England suffered a number of eco- 
nomic downturns in the intervenening time, including 
the 1970s, 1980s, and 1990s, leaving little private fund- 
ing to complete the goals and objectives of the plans; 
and 

WHEREAS, Despite the best efforts of the City of 
Boston and the BRA, several of the plans' renewal 
actions, design objectives, and other purposes remain 
incomplete; and 

WHEREAS, By their provisions, the plans and the 
powers conferred and programs set forth will terminate 
within the time period of 2004 to 2020 unless so 
extended; and 

WHEREAS, Each plan includes within its provisions 
the ability to modify said termination date and extend 
said plan; and 

WHEREAS, The BRA has determined that said 
extensions, if longer than a modest period of time, are 
major modifications of the plans and require the 
approval of the Boston City Council and the Mayor of 
Boston as well as the Commonwealth of Massachusetts 
Department of Housing and Community Development. 
NOW THEREFORE BE IT 

ORDERED, That the appropriate committee of the 
Boston City Council convene a hearing to examine the 
draft resolution of the BRA to modify the provisions of 
certain urban renewal plans in order to (i) extend the ter- 
mination dates of said urban renewal plans, (ii) clarify 
certain modification provisions of said plans, and (iii) 
incorporate such other modifications in said plans as put 
forth by the BRA; and 

ORDERED, That, upon adoption of the resolution by 
the BRA and adoption of this Order, the Boston City 
Council shall be deemed to have approved the resolu- 
tion of the BRA and the modification of certain urban 
renewal plans as outlined therein in order to promote the 
continuing economic growth and development of 
Boston's vital neighborhood centers. 



Offered by Mayor Thomas M. Menino 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDER REGARDLNG THE PROMOTION 

OF COMMUNITY DEVELOPMENT IN 

THE CITY OF BOSTON 

WHEREAS, The City of Boston has worked tire- 
lessly to promote the sound growth and development of 



RESOLUTION OF 
BOSTON REDEVELOPMENT AUTHORITY 

RE: MAJOR MODIFICATION TO CERTAIN 

URBAN RENEWAL PLANS OF THE 

CITY OF BOSTON 

WHEREAS, the City of Boston maintains twenty-one 
(2 1 ) active urban renewal plans originally approved by 
the Boston Redevelopment Authority ("Authority"), 
Boston City Council, and the Mayor of Boston between 
1957 and 1980; and 



328 



CITY COUNCIL 



WHEREAS, the City's urban renewal program has 
effectuated great change in the City's inner neighbor- 
hoods, including the creation of new homes, new busi- 
nesses, new schools, new parks and civic spaces, and 
new infrastructure; and 

WHEREAS, federal fiinding for urban renewal was 
eliminated in the early 1970s; and 

WHEREAS, the City of Boston suffered a number of 
economic downturns in the intervening time, including 
years in the 1970s, 1980s, and 1990s; and 

WHEREAS, despite the best efforts of the City of 
Boston and the Authority, several of the plans's renewal 
actions, design objectives, and other community devel- 
opment purposes remain incomplete; and 

WHEREAS, several of the plan areas continue to 
contain open, blighted, decadent, and/or substandard 
properties that remain detrimental to the safety, health, 
morals, welfare, or sound growth of the surrounding 
community and without the tools provided by the plans 
it is unlikely that the properties will be redeveloped 
through the ordinary operations of private enterprise; 
and 

WHEREAS, by their provisions, the plans and the 
powers conferred and programs set forth will terminate 
within the time period of 2004 to 2020 unless so 
extended; and 

WHEREAS, each plan includes within its provisions 
the ability to modify said termination or anticipated 
completion date and extend said plan; and 

WHEREAS, the Authority has determined that said 
extensions, if longer than a modest period of time, are 
major modifications of the plans and require the 
approval of the Boston City Council and the Mayor of 
Boston as well as the Massachusetts Department of 
Housing and Community Development; and 

WHEREAS, the Urban Renewal Plan for the 
Brunswick-King Urban Renewal Plan ("Brunswick- 
King Plan"), Project No. Mass. R-168, received 
approval from the Authority on November 30, 1972 
and, as amended, on February 22, 1973, from the 
Boston City Council on February 12, 1973, from the 
Mayor of Boston on February 15, 1973 and, as 
amended, on February 28, 1973, and from the Division 
of Urban Renewal of the Massachusetts Department of 
Community Affairs (together with its successor agency, 
the Department of Housing and Community 
Development, the "Commonwealth") on March 3, 1973; 
and 

WHEREAS, Chapter VI of the Brunswick-King Plan, 
entitled "Modification and Termination," provides that 
the Brunswick-King Plan may be modified at any time 
by the Authority, provided: that any amendment that in 
the reasonable opinion of the Authority substantially or 
materially alters or changes the Brunswick-King Plan 
must be subject to the Federal, State, and local 
approvals then required by law; that no amendment to 
any provision of Chapter VI shall be effective with 
respect to any land disposed of or contracted for dispo- 
sition by the Authority without the consent of the other 
party or such other party's successors or assigns; that if 
the Brunswick-King Plan is recorded no such amend- 
ment shall be effective until the amendment is also 
recorded; and 

WHEREAS, Chapter VI of the Brunswick-King Plan 
also provides that the BrunswickKing Plan shall be in 
fiill force and effect for a period of forty (40) years from 
the date of its approval by the Commonwealth; and 

WHEREAS, the Campus High School Urban 
Renewal Plan ("Campus High Plan"), Project No. Mass. 
R-129, received approval from the Authority on August 
1 1 , 1 966 (Early Land) and July 9,1970, from the Boston 
City Council on December 28, 1966 (Early Land) and 
June 7, 1971, from the Mayor of Boston on December 
30, 1966 (Early Land) and June 9, 1971, and from the 
Commonwealth on December 23, 1969 (Early Land) 
and June 30, 1972; and 

WHEREAS, Chapter XII of the Campus High Plan, 
entitled "Modification and Termination," provides that 



the Campus High Plan may be modified at any time by 
the Authority, provided: that any amendment that in the 
reasonable opinion of the Authority substantially or 
materially alters or changes the Campus High Plan must 
be subject to the Federal, State, and local approvals then 
required by law; that no amendment to any provision of 
Chapter XII shall be effective with respect to any land 
disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; that if the Campus 
High Plan is recorded no such amendment shall be 
effective until the amendment is also recorded; and 

WHEREAS, Chapter XII of the Campus High Plan 
also provides that the Campus High Plan shall be in fiill 
force and effect for a period of forty (40) years from the 
date of its approval by the Commonwealth; and 

WHEREAS, the Central Business District Urban 
Renewal Plan ("CBD Plan"), Project No. Mass. R-82, 
received approval from the Authority on October 14, 
1965 (Early Land) and August 2, 1967, from the Boston 
City Council on December 6, 1965 (Early Land) and 
December 1 1, 1967, and from the Mayor on December 
7, 1965 (Early Land) and December 13, 1967; and its 
component the Central Business District Urban 
Renewal Plan - Bedford- West ("CBD Bedford-West 
Plan") received approval from the Authority on 
February 8, 1973, from the Boston City Council on 
April 23, 1973, fi-om the Mayor on April 30. 1973, and 
from the Commonwealth on May 23, 1974; and its com- 
ponent the Central Business District Urban Renewal 
Plan - Boylston-Essex ("CBD Boylston-Essex Plan") 
received approval from the Authority on May 23. 1968, 
from the Boston City Council on October 7. 1968. from 
the Mayor on October 9. 1968. and from the 
Commonwealth on June 6. 1969; and its component the 
Central Business District Urban Renewal Plan - School- 
Franklin ("CBD School-Franklin") received approval 
from the Authority on May 23, 1968, from the Boston 
City Council on October 7. 1968. from the Mayor on 
October 9. 1968, and from the Commonwealth on 
February 12, 1973; and its component the Central 
Business District Urban Renewal Plan - South Starion 
("CBD South Station Plan") received approval from the 
Authority on May 23, 1968, from the Boston City 
Council on February 24, 1969, from the Mayor on 
February 28, 1969, and from the Commonwealth on 
December 31,1 969; and 

WHEREAS, Chapter XII of the CBD Plan and its 
components including the CBD Bedford-West Plan, the 
CBD Boylston-Essex Plan, the CBD School-Franklin 
Plan, and the CBD South Station Plan, entitled 
"Modification and Termination." provides that the CBD 
Plan and its components may be modified at any time by 
the Authority, provided: that any amendment that in the 
reasonable opinion of the Authority substantially or 
materially alters or changes the CBD Plan or its compo- 
nents must be subject to the Federal. State, and local 
approvals then required by law; that no amendment to 
any provision of Chapter XII shall be effecfive with 
respect to any land disposed of or contracted for dispo- 
sition by the Authority without the consent of the other 
party or such other party's successors or assigns; that if 
the CBD Plan or its components are recorded no such 
amendment shall be effective until the amendment is 
also recorded; and 

WHEREAS, Chapter XII of the CBD Plan and its 
components also provides that the CBD Plan or its com- 
ponents shall be in full force and effect for a period of 
forty (40) years from the date of approval by the City 
Council and the Mayor of Boston; and 

WHEREAS, the Charlestown Urban Renewal Plan 
("Charlestown Plan"). Project No. Mass. R-55, received 
approval from the Authority on March 25. 1965. from 
the Boston City Council on June 7. 1965. from the 
Mayor of Boston on June 10, 1965. and from the 
Commonwealth on July 6. 1965; and 

WHEREAS. Chapter XII of the Charlestown Plan, 
entitled "Amendment and Termination," provides that 



OCTOBER 27, 2004 



329 



the Charlcstown Plan may be modified by the 
Authority, provided: that any amendment that alters the 
boundary or basic elements be made in accordance with 
the Federal, State, and local approvals required by law 
at the original approval; that no amendment to any pro- 
vision of Chapter XII shall be effective with respect to 
any land disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; and 

WHEREAS, Chapter XII of the Charlestown Plan 
also provides that the Charlcstown Plan shall be in full 
force and effect for a period of forty (40) years from the 
date of its approval by the City Council; and 

WHEREAS, the Downtown Waterfront-Faneuil Hall 
Plan ("Waterfront Plan"), Project No. Mass. R-77, 
received approval from the Authority on April 24, 1 964, 
from the Boston City Council on June 8, 1964, from the 
Mayor of Boston on June 11, 1 964, and from the 
Commonwealth on August 26, 1964; and 

WHEREAS, Chapter XI of the Waterfront Plan, enti- 
tled "Modification and Termination," provides that the 
Waterfront Plan may be modified at any time by the 
Authority, provided: that any amendment that in the rea- 
sonable opinion of the Authority substantially or mate- 
rially alters or changes the Waterfront Plan must be sub- 
ject to the Federal, State, and local approvals then 
required by law; that no amendment to any provision of 
Chapter XI shall be effective with respect to any land 
disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; and 

WHEREAS, Chapter XI of the Waterfront Plan also 
provides that the Waterfront Plan shall be in fiill force 
and effect for a period of forty (40) years from the date 
of its approval by the City Council; and 

WHEREAS, the Fenway Urban Renewal Plan 
("Fenway Plan"), Project No. Mass. R-115, received 
approval from the Authority on November 24, 1965, 
from the Boston City Council on December 20, 1965, 
from the Mayor of Boston on December 23, 1965, and 
from the Commonwealth on April 26, 1967; and 

WHEREAS, Chapter XII of the Fenway Plan, entitled 
"Modification and Termination," provides that the 
Fenway Plan may be modified at any time by the 
Authority, provided: that any amendment that in the rea- 
sonable opinion of the Authority substantially or mate- 
rially alters or changes the Fenway Plan must be subject 
to the Federal, State, and local approvals then required 
by law; that no amendment to any provision of Chapter 
XII shall be effective with respect to any land disposed 
of or contracted for disposition by the Authority without 
the consent of the other party or such other party's suc- 
cessors or assigns; that if the Fenway Plan is recorded 
no such amendment shall be effective until the amend- 
ment is also recorded; and 

WHEREAS, Chapter XII of the Fenway Plan also 
provides that the Fenway Plan shall be in full force and 
effect for a period of forty (40) years from the date of its 
approval by the Commonwealth; and 

WHEREAS, the Government Center Urban Renewal 
Plan ("Government Center Plan"), Project No. Mass. R- 
35, received approval from the Authority on May 29, 
1961 (Early Land) and June 5, 1963, from the Boston 
City Council on June 5, 1961 (Early Land) and May 25, 
1964, from the Mayor of Boston on June 6, 1961 (Early 
Land) and May 26, 1964, and from the Commonwealth 
on June 24, 1964; and 

WHEREAS, Chapter IX of the Government Center 
Plan, entitled "Provision for Modification and 
Termination," provides that the Government Center 
Plan may be modified at any time by the Authority, pro- 
vided: that any amendment that substantially changes 
the Government Center Plan must be approved by the 
City Council and the Commonwealth; no modification 
to the Government Center Plan shall be effective with 
respect to any land disposed of or contracted for dispo- 
sition by the Authority without the consent of the other 
party or such other party's successors or assigns; and 



WHEREAS, Chapter IX of the Government Center 
Plan also provides that the Government Center Plan 
shall be in full force and effect for a period of forty (40) 
years from the date of its approval by the City Council; 
and 

WHEREAS, the Kittredge Square Urban Renewal 
Plan ("Kittredge Square Plan"), Project No. Mass. R- 
167, received approval from the Authority on 
November 30, 1972 and as amended on February 22, 
1973, from the Boston City Council on February 12, 
1973, from the Mayor of Boston on February 28, 1973, 
and from the Commonwealth on March 3, 1973; and 

WHEREAS, Chapter VI of the Kittredge Square 
Plan, entitled "Modification and Termination," provides 
that the Kittredge Square Plan may be modified at any 
time by the Authority, provided: that any amendment 
that in the reasonable opinion of the Authority substan- 
tially or materially alters or changes the Kittredge 
Square Plan must be subject to the Federal, State, and 
local approvals then required by law; that no amend- 
ment to any provision of Chapter VI shall be effective 
with respect to any land disposed of or contracted for 
disposition by the Authority without the consent of the 
other party or such other party's successors or assigns; 
that if the Kittredge Square Plan is recorded no such 
amendment shall be effective until the amendment is 
also recorded; and 

WHEREAS, Chapter VI of the Kittredge Square Plan 
also provides that the Kittredge Square Plan shall be in 
full force and effect for a period of forty (40) years from 
the date of its approval by the Commonwealth; and 

WHEREAS, the North Harvard Urban Renewal Plan 
("North Harvard Plan"), Project No. Mass. R-54, 
received approval from the Authority on September 26, 
1962, from the Boston City Council on December 27, 
1962, from the Mayor of Boston on December 28, 1962, 
and from the Commonwealth on February 1, 1963; and 

WHEREAS, Chapter VI of the North Harvard Plan, 
entitled "Procedures for Changes in Approved Plan," 
provides that the North Harvard Plan may be modified 
at any time by the Authority, provided: that no amend- 
ment to the North Harvard Plan shall be effective with 
respect to any land disposed of or confracted for dispo- 
sition by the Authority without the consent of the other 
party or such other party's successors or assigns; that 
any basic or fundamental modification of the North 
Harvard Plan must also be approved by the City 
Council; and 

WHEREAS, Chapter III, Section B(l)(c) of the North 
Harvard Plan entitled "Duration of Control, Effective 
Date & Renewal Provisions," provides that the North 
Harvard Plan shall be in frill force and effect for a period 
of forty (40) years from the date of its approval by the 
City Council; and 

WHEREAS, the North Station Urban Renewal Plan 
("North Station Plan") received approval from the 
Authority on May 22, 1980, from the Boston City 
Council on July 16, 1980, from the Mayor of Boston on 
August 4, 1980, and from the Commonwealth on 
January 19, 1981; and 

WHEREAS, Chapter 2.3.8 of the North Station Plan, 
entitled "Modification and Termination," provides that 
the North Station Plan may be modified at any time by 
the Authority, provided: that no amendment to the 
North Station Plan shall be effective with respect to any 
land disposed of or confracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; that any basic or flin- 
damental modification of the North Station Plan must 
also be approved by the City Council; and 

WHEREAS, Chapter 2.3.8 of the North Station Plan 
also provides that the North Station Plan shall be in full 
force and effect for a period of forty (40) years from the 
date of its approval by the City Council; and 

WHEREAS, the Park Plaza Urban Renewal Plan 
("Park Plaza Plan") received approval from the 
Authority on July 15, 1971, from the Boston City 
Council on December 6, 1971, from the Mayor of 



330 



CITY COUNCIL 



Boston on December 22, 1971; and from the 
Commonwealth on November 23, 1976; and 

WHEREAS, Chapter M of the Park Plaza Plan, enti- 
tled "Modification and Termination," provides that the 
Park Plaza Plan may be adjusted in minor ways from 
time to time by the Authority, provided: that any sub- 
stantial change requires the same state and local 
approvals which would be required on submission of a 
new plan; that any change which increases any pre- 
scribed floor area ratio or height limit or which alters the 
uses prescribed for any parcel shall be deemed substan- 
tial; and 

WHEREAS, Chapter M of the Park Plaza Plan also 
provides that the Park Plaza Plan shall be in ftill force 
and effect for a period of forty (40) years from the date 
of its approval by the City Council and the Mayor of 
Boston; and 

WHEREAS, the St. Botolph Street Elderly Housing 
Urban Renewal Plan ("St. Botolph Plan"), Project No. 
Mass. R-148, received approval from the Authority on 
December 19, 1968, from the Boston City Council on 
June 2, 1969, from the Mayor of Boston on June 4, 
1969, and from the Commonwealth on August 1 1, 1969; 
and 

WHEREAS, Chapter X of the St. Botolph Plan, enti- 
tled "Modification and Termination," provides that the 
St. Botolph Plan may be modified at any time by the 
Authority, provided: that any amendment that in the rea- 
sonable opinion of the Authority substantially or mate- 
rially alters or changes the St. Botolph Plan must be sub- 
ject to the Federal, State, and local approvals then 
required by law; that no amendment to any provision of 
Chapter X shall be effective with respect to any land 
disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; that if the St. 
Botolph Plan is recorded no such amendment shall be 
effective until the amendment is also recorded; and 

WHEREAS, Chapter X of the St. Botolph Plan also 
provides that the St. Botolph Plan shall be in full force 
and effect for a period of forty (40) years fi-om the date 
of its approval by the Commonwealth; and 

WHEREAS, the South Cove Urban Renewal Plan 
("South Cove Plan"), Project No. Mass. R-92, received 
approval from the Authority on June 10, 1965, from the 
Boston City Council on July 26, 1965, from the Mayor 
of Boston on July 29, 1965, and from the 
Commonwealth on August 27, 1965; and 

WHEREAS, Chapter XII of the South Cove Plan, 
entitled "Modification and Termination," provides that 
the South Cove Plan may be modified at any time by the 
Authority, provided: that no amendment to the South 
Cove Plan shall be effective with respect to any land 
disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; that any amendment 
that in the reasonable opinion of the Authority substan- 
tially or materially alters or changes the South Cove 
Plan must be subject to the necessary Federal, State, and 
local approvals; and 

WHEREAS, Chapter XII of the South Cove Plan also 
provides that the South Cove Plan shall be in full force 
and effect for a period of forty (40) years from the date 
of its approval by the City Council and the Mayor of 
Boston; and 

WHEREAS, the South End Urban Renewal Plan 
("South End Plan"), Project No. Mass. R-65, received 
approval from the Authority on May 2, 1962 (Early 
Land) and September 23, 1965, from the Boston City 
Council on October 1, 1962 (Early Land) and December 
6, 1965, from the Mayor of Boston on October 3, 1962 
(Early Land) and December 7, 1965, and from the 
Commonwealth on October 15, 1962 (Early Land) and 
January 17, 1966; and 

WHEREAS, Chapter XII of the South End Plan, enti- 
tled "Modification and Termination," provides that the 
South End Plan may be modified at any time by the 
Authority, provided: that no amendment to the South 



End Plan shall be effective with respect to any land dis- 
posed of or contracted for disposition by the Authority 
without the consent of the other party or such other 
party's successors or assigns; that any amendment that 
in the reasonable opinion of the Authority substantially 
or materially alters or changes the South End Plan must 
be subject to the necessary Federal, State, and local 
approvals; and 

WHEREAS, Chapter XII of the South End Plan also 
provides that the South End Plan shall be in full force 
and effect for a period of forty (40) years from the date 
of its approval by the City Council and the Mayor of 
Boston; and 

WHEREAS, the Sumner Street Public Housing 
Urban Renewal Plan ("Sumner Street Plan"), Project 
No. Mass. R-A-3, received approval from the Authority 
on April 2, 1970, from the Boston City Council on 
September 28, 1970, from the Mayor of Boston on 
October 1, 1970, and from the Commonwealth on 
September 29, 1971; and 

WHEREAS, Chapter XI of the Sumner Street Plan, 
entitled "Modification and Termination," provides that 
the Sumner Street Plan may be modified at any time by 
the Authority, provided: that any amendment that in the 
reasonable opinion of the Authority substantially or 
materially alters or changes the Sumner Street Plan must 
be subject to the Federal, State, and local approvals then 
required by law; that no amendment to any provision of 
Chapter XI shall be effective with respect to any land 
disposed of or contracted for disposition by the 
Authority without the consent of the other party or such 
other party's successors or assigns; that if the Sumner 
Street Plan is recorded no such amendment shall be 
effective until the amendment is also recorded; and 

WHEREAS, Chapter XI of the Sumner Street Plan 
also provides that the Sumner Street Plan shall be in full 
force and effect for a period of forty (40) years from the 
date of its approval by the Commonwealth; and 

WHEREAS, the Washington Park Urban Renewal 
Plan ("Washington Park Plan"), Project No. Mass. R-24, 
received approval from the Authority on June 27, 1962 
(Early Land) and January 16. 1963, from the Boston 
City Council on August 13, 1962 (Early Land) and 
February 18, 1963, from the Mayor of Boston on 
August 14. 1962 (Early Land) and February 26, 1963, 
and from the Commonwealth on August 29, 1962 (Early 
Land) and March 15, 1963; and 

WHEREAS. Chapter XII of the Washington Park 
Plan, entitled "Modification and Termination." provides 
that the Washington Park Plan may be modified at any 
time by the Authority, provided: that no amendment to 
the Washington Park Plan shall be effective with respect 
to any land disposed of or contracted for disposition by 
the Authority without the consent of the other party or 
such other party's successors or assigns; that any amend- 
ment that substantially or materially alters or changes 
the Washington Park Plan must be approved by the City 
Council and the Commonwealth; and 

WHEREAS, Chapter XII of the Washington Park 
Plan also provides that the Washington Park Plan shall 
be in fiiU force and effect for a period of forty (40) years 
from the date of its approval by the City Council; and 

WHEREAS, the West End Land Assembly and 
Redevelopment Plan ("West End Plan"), Project No. 
Mass. R-2-3, received approval from the Authority on 
May 2, 1957, from the Boston City Council on July 22, 
1957. and from the Commonwealth on October 17, 
1957; and 

WHEREAS, Chapter G of the West End Plan, enti- 
tled "Changes in the Redevelopment Plan." provides 
that the West End Plan may be modified by the 
Authority to a minor extent, among other items, pro- 
vided that the decision of the Authority not conflict with 
the spirit of any provision of the West End Plan and pro- 
vided that such a modification be subject to the consent 
of any affected owner within the project area; and 

WHEREAS, Chapter B.3 of the West End Plan also 
provides that the West End Plan shall be in full force 



OCTOBER 27, 2004 



331 



and etTcct for a period of fifty (50) years from the date 
of its approval by the City Council, and that it shall be 
automatically extended for successive ten (10) year peri- 
ods unless tenninated by a vote of a majority of the 
ovv-ners with the approval of the City Council; and 

WHEREAS, following a two-year effort to under- 
stand the accomplishments and continuing needs of 
Boston's urban renewal areas and following extensive 
discussions with residents, developers, and legal experts 
as well as the Boston City Council and other interested 
parties, the Authority has determined that certain urban 
renewal areas have accomplished their goals and may be 
allowed to terminate while certain other urban renewal 
areas require continuing efforts to accomplish their 
goals; and 

WHEREAS, the process for extension of certain 
urban renewal areas is also the appropriate time to make 
certain modifications to the urban renewal plans and the 
Authority's urban renewal program to improve its oper- 
ation; 

NOW, THEREFORE, BE IT RESOLVED BY THE 
BOSTON REDEVELOPMENT AUTHORITY: 

That the Authority does hereby recognize the impor- 
tance of the Commonwealth to the urban renewal pro- 
gram and its role in the consideration of amendments or 
modifications to the urban renewal plans and does 
hereby modify any and all urban renewal plans in effect 
in the City of Boston and as outlined above to incorpo- 
rate the following language: 

"Notwithstanding the modification or amendment 
procedures set forth within this plan, the Boston 
Redevelopment Authority shall, prior to adoption, sub- 
mit any proposed modification of the plan to the 
Department of Housing and Community r)evelopment 
or any successor department or agency for review in 
accordance with applicable rules and regulations, with 
the proviso that said modification shall be automatically 
deemed minor in scope and approved if no response is 
received by the Boston Redevelopment Authority 
within thirty (30) days following submission." 

That the Authority does hereby recognize the impor- 
tance of the City Council to the development of the City 
of Boston and the importance of the urban renewal pro- 
gram to that effort and does hereby modify any and all 
urban renewal plans in effect in the City of Boston and 
as outlined above to incorporate the following language: 

"The Boston Redevelopment Authority shall, prior to 
adoption, submit any proposed modification of the plan 
to the Boston City Council and shall, every two years, 
provide to the Boston City Council an update on the 
activities occurring under the urban renewal program 
and the status of the various urban renewal projects." 

That the Authority recognizes that certain plans, 
including the Brunswick-King Plan, the Campus High 
Plan, the CBD Plan with its various components, the 
Charlestown Plan, the Fenway Plan, the Government 
Center Plan, the Kittredge Square Plan, the North 
Harvard Plan, the North Station Plan, the Park Plaza 
Plan, the South Cove Plan, the South End Plan, the 
Washington Park Plan, the Waterfront Plan, and the 
West End Plan, all have outstanding activity that should 
be accomplished or require additional study and that the 
Authority shall seek the extension of said plans or allow 
said plans to continue under their existing anticipated 
completion dates for reconsideration at the appropriate 
time; 

That the Authority does hereby modify the 
Brunswick-King Plan, the Campus High Plan, the CBD 
Plan with its various components, the Charlestown Plan, 
the Fenway Plan, the Government Center Plan, the 
Kittredge Square Plan, the North Harvard Plan, the Park 
Plaza Plan, the South Cove Plan, the South End Plan, 
the Washington Park Plan, and the Wateriront Plan to 
incorporate the following language: 

"Notwithstanding the termination dates and provi- 
sions within this plan, the plan shall not terminate until 
April 30, 2013." 

That the Authority recognizes that the St. Botolph 



Plan and the Sumner Street Plan have accomplished the 
goals set forth for those urban renewal areas and that at 
the anticipated completion dates of those plans as set 
forth in the plans themselves the Authority shall execute 
a Certificate of Completion acknowledging such 
accomplishment. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER FOR CONFIRMATION OF APPOFNTMENT 
OF MARK J. MACDONNELL AS MEMBER 
OF AUDIT COMMITTEE FOR TERM TO 
EXPIRE ON NOVEMBER I, 2009 (DOCKET 
NO. 1445) 

The following was received: 

City of Boston 
Office of the Mayor 

October 1,2004 
To the City Council 
Dear Councilors: 
The following was received: 

I transmit herewith for your confinnation an Order 
regarding the appointment of: Mark J. MacDonnell, 12 
South Sydney Street, Dorchester, MA 02 1 25 as a mem- 
ber of the Audit Committee for a tenn to expire on 
November 1,2009. 

I urge your Honorable body to pass this Order so that 
Mr. MacDonnell may begin his service. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to the provisions of 
Section 14 of Chapter 190 of the Acts of 1982, the 
appointment of: Mark J. MacDonnell, 12 South Sydney 
Street, Dorchester, MA 02125 as a member of the Audit 
Committee for a five year term expiring on November 
1 , 2009 be and the same hereby is approved. 

Referred to the Committee on Post Audit and 
Oversight. 



JITNEY APPLICATION 
(DOCKET NO. 1446) 

Petition of Easy Transportation for a license to oper- 
ate motor vehicles for the carriage of passengers for hire 
over certain streets in Boston. 

Referred to the Committee on Aviation and 
Transportation. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1447) 

The Constable's Bonds of Anthony Baker, Frederick 
McDonald and Allen T. Mayor, having been duly 
approved by the Collector-Treasurer, were received and 
approved. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: PUBLIC SAFETY IN CITY AFTER 
SPORTING EVENTS (DOCKET NO. 1448) 

Councilors MURPHY, KELLY, MCDERMOTT, 
CONSALVO, YANCEY, FEENEY, TOBIN, SCAPIC- 
CHIO offered the following: 

HOME RULE PETITION 

WHEREAS, Recent spontaneous gatherings of large 
numbers of individuals celebrating the victories of the 
Boston-area professional sports teams have resulted in 
widespread disorderly conduct, substantial destruction 
of public and private property by vandalism and fire, 



332 



CITY COUNCIL 



and two tragic deaths; and 

WHEREAS, After Super Bowl XXXVIII in which 
the New England Patriots beat the Carolina Panthers in 
February 2004, such a crowd congregated in and around 
Kenmore Square and created such mayhem that James 
D. Grabowski was killed by the driver of a car that was 
surrounded by an unruly mob of adrenalized fans 
pounding on the car; and 

WHEREAS, After Game 7 of the American League 
Championship Series in which the Boston Red Sox beat 
the New York Yankees in October 2004, another such 
crowd congregated in and around Kenmore Square and 
the Boston Police Department, with the lessons learned 
earlier this year, sought to reign in the chaos and prevent 
the perils of a mob's escalation after "revelers" vandal- 
ized property, assaulted police officers, and set fires; the 
Boston Police Department deployed less-than-lethal 
crowd control measures, including pepper spray, to dis- 
perse the mob, which led to the tragic death of Victoria 
Snelgrove; and 

WHEREAS, The destructive and fatal results of 
these spontaneous large-scale gatherings result from a 
dangerous combination of inhibition-reducing alcohol 
consumption and the nearly instant spread of the actions 
and moods of a few revelers, termed "contagion theory" 
by sociologists, which intensifies the "mob mentality" 
in which people perceive an anonymity that eradicates 
the individual's sense of personal responsibility for 
his/her actions; and 

WHEREAS, The instantaneous transmission and 
imperiling reaction pursuant to contagion theory high- 
light the need for the law enforcement community to act 
swiftly to quell disorderliness, violence, and/or destruc- 
tion, however minor or mild it may appear to be to the 
"revelers" because a small act of destruction is transmit- 
ted and amplified through the mob with instant and 
deadly results; and 

WHEREAS, The tragic losses of life demand that 
personal responsibility and consequential thinking over- 
ride the violence of a mob and the anonymity perceived 
therein, and the City of Boston should adopt policies 
and laws of zero-tolerance to reinforce and codify an 
elevation of community standards. THEREFORE BE IT 

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: 

PUBLIC SAFETY FN THE CITY OF BOSTON 
AFTER SPORTING EVENTS 

Section 1. Actions Before and After Sporting Events. 

Any person committing any form of assault, battery, 
vandalism, trespass, larceny, and/or disorderliness at an 
unlawfiil or unlicensed assembly of more than fifty (50) 
people in the public ways of the city of Boston during 
the two (2) hours preceding the official start of a game 
involving the Boston Bruins, Boston Celtics, Boston 
Red Sox, and/or the New England Patriots and the four 
(4) hours following the conclusion of a game involving 
the Boston Bruins, Boston Cehics, Boston Red Sox, 
and/or the New England Patriots shall be punished by 
imprisonment of not less than thirty (30) days in jail or 
house of correction. In addition to any such sentence, 
each and every violation of this act may also be pun- 
ished by a fine of not less than two thousand dollars and 
no cents ($2,000.00). Nothing in this act shall be con- 
strued to preclude each and every violation of this act 
from being punished by both such sentence and such 
fine. 

Any person aiding, abetting, sustaining, inciting, pro- 



moting, or encouraging any form of assault, battery, 
vandalism, trespass, larceny, and/or disorderliness at an 
unlawful or unlicensed assembly of more than fifty (50) 
people in the public ways of the city of Boston during 
the two (2) hours preceding the official start of a game 
involving the Boston Bruins, Boston Celtics, Boston 
Red Sox, and/or the New England Patriots and the four 
(4) hours following the conclusion of a game involving 
the Boston Bruins, Boston Celtics, Boston Red Sox, 
and/or the New England Patriots shall be punished by 
imprisonment of not less than twenty-one (2 1 ) days in 
jail or house of correction. In addition to any such sen- 
tence, each and every violation of this act may also be 
punished by a fine of not less than one thousand dollars 
and no cents ($1,000.00). Nothing in this act shall be 
construed to preclude each and every violation of this 
act from being punished by both such sentence and such 
fine. 

Any person being present and being commanded to 
disperse from an area of an unlawful or unlicensed 
assembly of more than fifty (50) people in the public 
ways of the city of Boston during the two (2) hours pre- 
ceding the official start of a game involving the Boston 
Bruins, Boston Celtics, Boston Red Sox, and/or the 
New England Patriots and the four (4) hours following 
the conclusion of a game involving the Boston Bruins, 
Boston Celtics, Boston Red Sox, and/or the New 
England Patriots and such person refuses or neglects to 
obey such command shall be punished by imprisonment 
of not less than seven (7) days in jail or house of cor- 
rection. In addition to any such sentence, each and every 
violation of this act may also be punished by a fine of 
not less than five hundred and no cents ($500.00). 
Nothing in this act shall be construed to preclude each 
and every violation of this act from being punished by 
both such sentence and such fine. 

Section 2. Enforcement. 

This act may be enforced by any sworn member of 
the law enforcement community. 

Section 3. Harmonious Construction. 

This act shall be construed harmoniously with any 
other home rule legislation regarding public safety 
adopted by the General Court such that all such legisla- 
fion effectively provides the greatest level of public 
safety to the residents of and visitors to the city of 
Boston. 

Section 4. Severability. 

If any provision of this act or the application of such 
provision to any person or circumstance shall be held 
invalid, the validity of the remainder of this act and the 
applicability of such provision to other persons or cir- 
cumstances shall not be affected thereby. 

Section 5. Implementation. 

This act shall be effective immediately upon passage. 

Referred to the Committee on Government 
Operations. 



ORDER APPROVING PETITION FOR SPECIAL 
LAW RE: PERMITTFNG OF KEGS IN CITY 
(DOCKET NO. 1449) 

Councilors MURPHY, ARROYO, KELLY and 
ROSS offered the following: 

HOME RULE PETITION 

WHEREAS, Alcohol abuse and excessive binge 
drinking by young adults and underage children has 
been recognized as a serious social and medical problem 
within the City of Boston; and 

WHEREAS, Thousands of students attending the 
numerous colleges and universities in and around the 
City of Boston live within the City limits; and 

WHEREAS, Media reports describe alcohol abuse 
with alarming frequency in the student population with 
the occasional and unacceptable tragic result of death by 
alcohol poisoning; and 



OCTOBER 27, 2004 



333 



WHEREAS, Much of the alcohol abuse and binge 
drinking occurs at "keg parties" at student apartments 
and fraternity houses; and 

WHEREAS, Deliveries of keg beer from local stores 
and from stores outside the City of Boston to student 
apartments and to fraternity houses facilitate the alcohol 
abuse and binge drinking; and 

WHEREAS, Local government has the duty to care 
for and protect the thousand of youths residing in the 
City from the risks associated with alcohol abuse. NOW 
THEREFORE BE IT 

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: 

THE PERMITTING OF KEGS IN 
THE CITY OF BOSTON 

Section I. Definition of Keg. 

Keg means a cask or barrel of beer or malt beverage 
with a capacity of approximately fifteen and one-half 
(15.5) gallons which is capable of dispensing beer or 
malt beverages by tap, faucet, or other pouring device. 
Keg commonly refers to a "half-barrel" or "half-keg" 
(the keg standard is approximately thirty (30) gallons, 
but beer and malt beverages are not sold in such quanti- 
ties). Merchants, however, offer kegs in various 
sizes/volumes: American kegs are offered in half-bar- 
rels (approximately fifteen and one-half (15.5) gallons), 
quarter-barrels (approximately seven and three-quarters 
(7.75) gallons and commonly referred to as "pony 
kegs"), and sixth-barrels (approximately five and six- 
teen hundredths (5.16) gallons) while imported kegs are 
offered in either thirty (30) liters (approximately seven 
and nine-tenths (approximately 7.9 gallons) or fifty (50) 
liters (approximately twelve and eight-tenths (12.8) gal- 
lons). The definition of keg shall include all such 
sizes/volumes/denominations delineated herein. 

Section 2. Prohibition. 

Notwithstanding any general or special law to the 
confrary, specifically including but not limited to sec- 
tion 22 of chapter 138, of the General Laws, no licensee 
for the sale of alcoholic beverages or alcohol, as the case 
may be, may transport and deliver to any person or 
entity at any address in the city of Boston a keg of beer 
or malt beverage unless the person or entity holds a 
license pursuant to chapter 138 of the General Laws or 
holds a permit from the Boston Licensing Board; pro- 
vided further, no person or entity shall possess or con- 
trol a keg unless such person or entity holds a license 
pursuant to chapter 138 of the General Laws or holds a 
permit from the Boston Licensing Board. 

Section 3. Enforcement. 

Each and every violation of these provisions shall be 
punishable by a fine of three hundred dollars and no 
cents ($300.00). 

Section 4. Severability. 

If any provision of this act or the application of such 
provision to any person or circumstance shall be held 
invalid, the validity of the remainder of this act and the 
applicability of such provision to other persons or cir- 
cumstances shall not be affected thereby. 

Section 5. Implementation. 

The provisions of these sections shall be effective 
immediately upon passage. 

Referred to the Committee on Government 
Operations. 



ORDINANCE RE: PERMITIING OF KEGS IN 



CITY (DOCKET NO. 1450) 

Councilors MURPHY, ARROYO, KELLY and 
ROSS offered the following: 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDINANCE REGARDING 
THE PERMITTING OF KEGS 

WHEREAS, Alcohol abuse and excessive/binge 
drinking by young adults and underage children has 
been recognized as a serious social and medical problem 
within the City of Boston; and 

WHEREAS, Thousands of students attending the 
numerous colleges and universities in and around the 
City of Boston live within the City limits; and 

WHEREAS, Media reports describe alcohol abuse 
with alarming frequency in the student population with 
the occasional and unacceptable tragic result of death by 
alcohol poisoning; and 

WHEREAS, Much of the alcohol abuse and binge 
drinking occurs at "keg parties" at student apartments 
and fraternity houses; and 

WHEREAS, Deliveries of keg beer from local stores 
and from stores outside the City of Boston to smdent 
apartments and to fraternity houses facilitate the alcohol 
abuse and binge drinking; and 

WHEREAS, Local government has the duty to care 
for and protect the thousand of youths residing in the 
City from the risks associated with alcohol abuse. NOW 
THEREFORE, 

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

CBC Chapter XIV is hereby amended by appending 
Section 14-7 as follows: 

CBC 14-7 Keg Beer. 

CBC 14-7.1 Definitions. 

Unless specifically indicated otherwise, these defini- 
tions shall apply and control in CBC 14-7: 

(a) "Keg" means a cask or barrel of beer or malt bev- 
erage with a capacity of approximately fifteen and one- 
half (15.5) gallons which is capable of dispensing beer 
or malt beverages by tap, faucet, or other pouring 
device. "Keg" commonly refers to a "half-barrel" or 
"half-keg" (the keg standard is thirty (30) gallons, but 
beer and malt beverages are not sold in such quantities). 
Merchants, however, offer Kegs in various 
sizes/volumes: American Kegs are offered in half-bar- 
rels (approximately fifteen and one-half (15.5) gallons), 
quarter-barrels (approximately seven and three-quarters 
(7.75) gallons and commonly referred to as "pony 
kegs"), and sixth-barrels (approximately five and six- 
teen hundredths (5.16) gallons) while Imported Kegs 
are offered in either thirty (30) liters (approximately 
seven and nine-tenths (approximately 7.9 gallons) or 
fifty (50) liters (approximately twelve and eight-tenths 
(12.8) gallons). The definition of Keg shall include all 
such sizes/volumes/denominations delineated herein. 

(b) City means the City of Boston. 
CBC 14-7.2 Prohibition. 

No person shall possess a Keg without first obtaining 
a permit from the Boston Licensing Board. 

CBC 14-7.3 Fee and Fine. 

The fee for permits granted pursuant to these sections 
shall be established by the Boston Licensing Board. 

Each and every violation of these sections shall be 
punishable by a fine of three hundred dollars and no 
cents ($300.00). 

CBC 14-7.4 Applicability. 

The provisions of these sections shall not apply (a) to 
any person or entity licensed or permitted pursuant to 
M.G.L. c. 138 nor (b) to any person that is in transit 
from or through the City. Aside from the exemptions in 
this paragraph, if any provision of these sections 
imposes greater restrictions or obligations than those 
imposed by any other general law, special law, regula- 



334 



CITY COUNCIL 



tion, rule, ordinance, order, or policy then the provisions 
of these sections shall control. 

CBC 14-7.5 Regulatory Authority. 

The Boston Licensing Board shall have the authority 
to promulgate rules and regulations necessary to imple- 
ment and enforce these sections. 

CBC 14-7.6 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. 

CBC 14-7.7 Implementation. 

The provisions of these sections shall be effective 
immediately upon passage and all provisions shall be 
enforced immediately but no monetary fine shall be 
imposed pursuant hereto until thirty (30) days after pas- 
sage. 

Referred to the Committee on Government 
Operations. 



ORDER FOR HEARING TO DISCUSS SCHOOL 
DEPARTMENT POLICY RE: HIRING 
EMPLOYEES WHO HAD INVOLVEMENT IN 
JUDICIAL SYSTEM (DOCKET NO. 1451) 

Councilors TURNER, ARROYO and YANCEY 
offered the following: 

WHEREAS: Mr. Marcus Jean, a former member of 
United Steel Workers of America, Local 875 1 after a 
routine labor dispute with an employee of Laidlaw, Inc 
(which formerly provided transportation services for the 
Boston School Department) was accused by that 
employee of threatening to blow up their Readville 
management office; and 

WHEREAS: After months of legal process, a jury of 
Mr. Jean's peers in his West Roxbury court trial con- 
cluded after 30 minutes of delibration that he was not 
guilty; and 

WHEREAS: First Student agreed to hire Mr. Jean to 
become a First Student bus driver; and 

WHEREAS: The School Department blocked the hir- 
ing of Mr. Jean, using a provision in the First Student 
contract giving them the power to approve or disap- 
prove First Student hires; and 

WHEREAS: Mr. Jean during his eight years as a 
Laidlaw employees did not receive any disciplinary 
actions from Laidlaw, Inc.; and 

WHEREAS: Mr. Jean had never been arrested prior 
to the one described above; and 

WHEREAS: The School Department is using his 
arrest as a justification to block his employment with 
First Student even though a jury of his peers found him 
not guilty. Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council invite the Superintendent of 
Schools to discuss the department's policies regarding 
the hiring of employees who have had involvement with 
the judicial system. 

Referred to the Committee on Post Audit and 
Oversight. 



ORDER FOR HEARING TO EXPLAIN ROLE OF 
SCHOOL DEPARTMENT IN CONTRACT 
NEGOTIATIONS BETWEEN FIRST STU- 
DENT, INC. AND UNITED STEELWORKERS 
OF AMERICA SINCE DEPARTMENT IS NOT 
PARTY TO NEGOTIATIONS OR ANY CON- 
TRACT OR AGREEMENT RESULTING 
THEREFROM (DOCKET NO. 1452) 

Councilors TURNER, ARROYO and YANCEY 
offered the following: 

WHEREAS: Members of United Steel Workers of 



American (USWA), Local 875 1 who provide the trans- 
portation for Boston public, parochial, and private 
school students are employees of First Student, Inc., a 
private company; and 

WHEREAS: Contract negotiations have been taking 
place between these two entities during the last twelve 
months; and 

WHEREAS: First Student, Inc. has made what they 
term as a last offer; and 

WHEREAS: Members of Local 8751 are scheduled 
to vote on the contract offer on Thursday, October 28; 
and 

WHEREAS: Mr. Thomas Payzant, Superintendent of 
the Boston Public Schools, sent a letter to each member 
of Local 8751 on October 13, 2004 supporting the con- 
tract offer of First Student; and 

WHEREAS: After praising the contract offer, 
Superintendent Payzant's letter stated "A job action or 
strike at this time would eliminate the possibility of any 
retroactive pay and jeopardize the increases currently 
being offered"; and 

WHEREAS: Since the Superintendent is not a party 
to the negotiations, he had no right to send a letter to 
union members threatening that a job action or strike 
would "eliminate the possibility of any retroactive pay 
and jeopardize the increases currently being offered"; 
and 

WHEREAS: Section 8 (a) of the National Labor 
Relations Act states that "It shall be an unfair labor 
practice for an employer - (1) to interfere with, restrain, 
or coerce employees in the exercise of the rights guar- 
anteed in section 7"; and 

WHEREAS: Section 7 of the National Labor 
Relations Act states that "Employees shall have the 
right .... to engage in other concerted activities for the 
purpose of collective bargaining or other mutual aid or 
protection", thus affirming the right of workers to strike; 
and 

WHEREAS: While the Superintendent is not a party 
to the negotiations, his letter is clearly an attempt to 
intimidate and coerce members of Local 8751 before 
their vote on First Student's contract offer; and 

WHEREAS: The Boston City Council has a long, 
proud history of supporting the right of workers to 
unionize, bargain in good faith, and strike if necessary; 
Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council invites the Superintendent of 
Schools to explain the role of the School Department in 
the contract negotiations between First Student. Inc. and 
the United Steelworkers of America, since the 
Department is not a party to the negotiations or any con- 
tract or agreement resulting therefrom. 



RECESS 



Referred to the Committee on Labor. 



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 matter was 
added: 

RESOLUTION FOR INSTALLATION OF MEMOR- 
IAL HERO SQUARE AT LOCATION ALONG 
SOUTH STREET IN JAMAICA PLAIN 
WHERE USMC LANCE CORPORAL 
ALEXANDER S. ARREDONDO SPENT HIS 
CHILDHOOD (DOCKET NO. 1457) 

Councilors TOBIN, CONSALVO, HENNIGAN, 
FLAHERTY, ARROYO, KELLY, MCDERMOTT, 
ROSS, TURNER, YANCEY and FEENEY offered the 



OCTOBER 27, 2004 335 



following: 



WHEREAS: Alexander S. Arredondo was bom at Note: All debate of City Council eliminated from 

Brigham and Women's Hospital on August 5, 1984 and proceedings in accordance with Chapter 447, Acts of 

spent his childhood residing in Jamaica Plain, 1947. 

Massachusetts; and 

WHEREAS: Upon graduation from Blue Hills 
Technical Regional School in 2002, Alexander entered 
The United States Marine Corps boot camp; and 

WHEREAS: He achieved the rank of USMC Lance 
Corporal and was assigned to Battalion Landing Team 
1/4, 11th Marine Expeditionary Unit (Special 
Operations Capable), 1st Marine Expeditionary Force, 
stationed at Camp Pendleton, California; and 

WHEREAS: He was the son of Carlos Arredondo and 
Victoria Foley, stepson of Melida Arredondo, and 
brother of Brian Arredondo; and 

WHEREAS: Alexander S. Arredondo suffered a mor- 
tal wound on August 24, 2004 in Najaf, Iraq sacrificing 
his life in the line of duty; Therefore be it 

RESOLVED: That the Veterans' Seirices 
Department coordinate the installation of a Memorial 
Hero Square at a designated location along South Street 
in Jamaica Plain, MA, where USMC Lance Corporal 
Alexander S. Arredondo spent his childhood. 

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



ORDER AUTHORIZING ENVIRONMENT 
DEPARTMENT TO ACCEPT AND EXPEND 
GRANT OF $18,000 FROM MASSACHU- 
SETTS HISTORICAL COMMISSION TO SUP- 
PORT BOSTON LANDMARKS COMMIS- 
SION STAFF ARCHITECT POSITION 
(DOCKET NO. 1234) 

Councilor McDERMOTT called Docket No. 1234 
fi"om the Committee on Environment and Historic 
Preservation. 

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

On motion of Councilor McDERMOTT, 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 Scapicchio: Congratulating Robert 
Verdonck (Docket No. 1453). 

Councilor Hennigan: Congratulating 135 persons for 
their participation in "Estrellas Tropicales 2004 (Docket 
No. 1454). 

Councilor Arroyo: Congratulating Belkey Vasquez 
(Docket No. 1455). 

Councilor Consalvo: Congratulating Roslindale 
Village Main Street (Docket No. 1456). 

The matters contained within the Consent Agenda 
were severally adopted. 



STATEMENT OF PRESIDENT FLAHERTY 

President FLAHERTY wanted to offer his condo- 
lences to City Clerk Rosaria Salerno whose aunt Rose 
Salerno passed away this week. 

He wanted to again welcome back Councilor Yancey 
and wish him the best in his continued healthy recovery. 



Adjourned at 2:45 p.m. in memory of Rose Salerno, 
Victoria Snelgrove, John Meehan, Diana Grublin, Mrs. 
Janie, to meet again on Wednesday, November 3, 2004 
at 11:30 a.m. 



336 CITY COUNCIL 



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CITY COUNCIL 



105 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, April 14,2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:45 
a.m.. President Flaherty in the Chair. Absent, Councilor 
Feeney. 



INVOCATION 



Sister Alice Keimeally, Sisters of Charity, delivered the 
invocation and the meeting was opened with the pledge of 
allegiance to the flag. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR, 
ACCEPT AND EXPEND FEDERAL FY2004 
COMMUNITY DEVELOPMENT BLOCK 
GRANT OF $24,265,000 FROM U.S. DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (DOCKET NO. 0509) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to apply for, accept, and expend 
Federal Fiscal Year 2004 Community Development Block 
Grant (CDBG) funds in the amount of TWENTY FOUR 
MILLION TWO HUNDRED AND SIXTY FIVE THOU- 
SAND DOLLARS ($24,265,000.) awarded to the City of 
Boston by the U.S. Department of Housing and Urban 
Development (HUD). 

I urge you to adopt this Order so that the City may 
submit its application to HUD by May 15th. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



BORHOOD DEVELOPMENT TO APPLY FOR, 
ACCEPT AND EXPEND FEDERAL FY2004 
HOME INVESTMENT PARTNERSHIPS (HOME) 
GRANT OF $8,743,255 FROM U.S. DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (HUD) (DOCKET NO. 0510) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors; 

1 transmit herewith for your approval, an Order autho- 
rizing the City of Boston to apply for, accept, and expend 
Federal Fiscal Year 2004 HOME Investment Partnerships 
(HOME) funds in the amount of EIGHT MILLION SEV- 
EN HUNDRED AND FORTY THREE THOUSAND 
TWO HUNDRED FIFTY-FIVE DOLLARS ($8,743,255) 
awarded to the City of Boston by U.S. Department of 
Housing and Urban Development (HUD). 

I urge you to adopt this Order so that the City may 
submit its application to HUD by May 1 5th. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO APPLY FOR, ACCEPT, AND EXPEND A FEDER- 
AL FY 2004 HOME INVESTMENT PARTNERSHIPS 
PROGRAM GRANT FROM THE U S. DEPARTMENT 
OF HOUSING AND URBAN DEVELOPMENT 

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 funds from the United States 
Department of Housing and Urban Development for a Fis- 
cal Year 2004 HOME Investment Partnerships Program 
Grant in the amount of EIGHT MILLION SEVEN HUN- 
DRED FORTY-THREE THOUSAND TWO HUNDRED 
FIFTY-FIVE DOLLARS ($8,743,255) and to expend said 
funds in accordance with section 53A of chapter 44 of the 
Massachusetts General Laws, for the purposes for which 
the funds are granted, and in connection therewith, to 
execute and deliver such documents as may be required 
by the United States Department of Housing and Urban 
Development. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



AN ORDER AUTHORIZING THE CITY OF BOS- 
TON TO APPLY FOR, ACCEPT AND EXPEND A 
FEDERAL FY2004 COMMUNITY DEVELOPMENT 
BLOCK GRANT FROM THE U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 

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 funds from the United States 
Department of Housing and Urban Development for a 
Federal Fiscal Year 2004 Community Development Block 
Grant in the amount of TWENTY FOUR MILLION 
TWO HUNDRED AND SIXTY-FIVE THOUSAND 
DOLLARS ($24,265,000), and to expend said ftinds in 
accordance with section 53 A of chapter 44 of the Massa- 
chusetts General Laws, for the purposes for which grant- 
ed, and in connection therewith, to execute and deliver 
such documents as may be required by the United States 
Department of Housing and Urban Development. 

Referred to the Committee on Planning and Eco- 
nomic, Development. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 



ORDER AUTHORIZING FIRE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $725,786 
FROM FEDERAL EMERGENCY MANAGE- 
MENT AGENCY FOR PURPOSE OF PURCHAS- 
ING FIRE OPERATIONS AND FIREFIGHTER 
SAFETY EQUIPMENT SYSTEM (DOCKET NO. 
0511) 

The following was received: 

City Of Boston 
Office of the Mayor 

March 5, 2004 
To The City Council 
Dear 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 $725,786 from the Federal Emergency Man- 
agement Agency. This award is made for the purpose of 
purchasing a fire operations and firefighter safety equip- 
ment system including 50 mobile computer terminals 
for Fire Department engine companies and command 
vehicles. 

I urge your Honorable Body to adopt this Order as 



106 



CITY COUNCIL 



soon as possible so that the City of Boston may accept the 
funds expeditiously and expend them for the purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
FIRE DEPARTMENT TO ACCEPT AND EXPEND 
FUNDS AWARDED FOR THE FEDERAL EMER- 
GENCY MANAGEMENT AGENCY'S ASSISTANCE 

TO FIREFIGHTERS GRANT PROGRAM FOR A 

FIRE OPERATIONS AND FIREFIGHTER SAFETY 

EQUIPMENT SYSTEM INCLUDING 50 MOBILE 

COMPUTER TERMINALS FOR FIRE DEPARTMENT 

ENGINE COMPANIES AND COMMAND VEHICLES 

ORDERED: That the Mayor, acting on behalf of the 
Boston Fire Department, be, and is hereby authorized, 
pursuant to section 53 A of chapter 44 of the Massachu- 
setts General Laws, to accept and expend a grant award 
fi"om the Federal Emergency Management Agency in an 
amount not to exceed Seven Hundred Twenty-five Thou- 
sand Seven Hundred Eighty-six Dollars ($725,786.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR, 
ACCEPT AND EXPEND FEDERAL FY2003 
$447,075 AND FY2003 ECONOMIC DEVEL- 
OPMENT INITIATIVE SPECIAL PROJECTS 
GRANT OF $150,000 FROM U.S. DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (HUD) FOR MAIN STREETS PROGRAM 
(DOCKET NO. 0512) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to apply for, accept, and expend 
a Federal FY2003 Economic Development Initiative 
(EDI) Special Projects grant in an amount not to exceed 
FOUR HUNDRED FORTY-SEVEN THOUSAND SEV- 
ENTY-FIVE DOLLARS ($447,075) & a Federal FY2004 
EDI Special Projects grant in an amount not to exceed 
ONE HUNDRED FIFTY THOUSAND DOLLARS 
($150,000) firom the U.S. Department of Housing and Ur- 
ban Development (HUD). 

These EDI grants are targeted to development of low- 
and moderate-income housing and affordable housing 
environmental remediation. 

I urge you to adopt this Order expeditiously so that 
the City may submit its application to HUD by May 15, 
2004. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 
BOSTON TO APPLY FOR, ACCEPT AND EXPEND 

A FEDERAL FY2003 AND FY2004 ECONOMIC 

DEVELOPMENT INITIATIVE SPECIAL PROJECTS 

GRANT FROM THE U.S. DEPARTMENT OF 

HOUSING AND URBAN DEVELOPMENT FOR 

THE DEVELOPMENT OF LOW AND MODERATE 

INCOME HOUSING AND AFFORDABLE HOUSING 

ENVIRONMENTAL REMEDIATTON 



through its Department of Neighborhood Development, 
be, and hereby is, authorized to apply for, accept and ex- 
pend a Federal Fiscal Year 2003 Economic Development 
Initiative special project grant in an amount not to ex- 
ceed FOUR HUNDRED FORTY-SEVEN THOUSAND 
SEVENTY-FIVE DOLLARS ($447,075), and a Fiscal 
Year 2004 Economic Development Initiative special proj- 
ect grant in an amount not to exceed ONE HUNDRED 
FIFTY THOUSAND DOLLARS ($150,000), awarded 
to the City of Boston by the United States Department 
of Housing and Urban Development and, to expend said 
funds in accordance with section 53 A of chapter 44 ofthe 
Massachusetts 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 federal government. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER APPROVING TRANSFER OF SURFACE 
RIGHTS UNDER CONTROL OF PUBLIC IM- 
PROVEMENT COMMISSION (PLC.) FROM 
PURPOSE OF DISCONTINUED STREET PAR- 
CEL TO SALE PARCEL AND AUTHORIZING 
SALE OF SUCH SURFACE RIGHTS LOCATED 
ON CENTRE STREET, WEST ROXBURY TO 
PEG SONGIN (DOCKET NO. 0513) 



The following was received: 

City Of Boston 
Office of the Mayor 

March 22, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring surface rights under the control of the Public 
Improvement Commission (PLC.) from purpose of dis- 
continued street parcel to sale parcel and authorizing the 
sale of such surface rights located on Centre Street, West 
Roxbury. 

That portion of Centre Street shown on the accompa- 
nying plan was discontinued by vote ofthe P.I.c. on De- 
cember 19, 2002. The P.I.C. has determined that these 
surface rights are no longer needed for highway purposes. 
This Order also provides for the sale of the parcel to Peg 
Songin. 

I urge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Bostoa 



ORDERED: That pursuant to G.L. c. 40, § 15 A, that 
portion of Centre Street discontinued by vote ofthe Pub- 
lic Improvement Commission on December 19, 2002, 
and shown on the accompanying plan, be, and the same 
hereby is, transferred from purpose of discontinued street 
parcel to sale parcel. 

IT IS FURTHER ORDERED: That the Mayor, acting 
on behalf of the Public Improvement Commission and 
pursuant to the authority granted to him under St. 1948, 
c. 452 § 17E, as amended by St. 1966 c. 642, § 14, be, 
and is hereby authorized to convey said surface rights by 
a Release Deed, in a form satisfactory to the Corpora- 
tion Counsel, that portion of Centre Street discontinued 
by vote of the Public Improvement Commission on De- 
cember 19, 2002, and shown on the accompanying plan 
to Peg Songin. 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDERED: that the City of Boston, acting by and 



ORDER APPROVING TRANSFER OF SURFACE 
RIGHTS UNDER CONTROL OF PUBLIC IM- 



APRIL 14, 2004 



107 



PROVEMENT COMMISSION (PLC.) FROM 
PURPOSE OF DISCONTINUED STREET PAR- 
CEL TO SALE PARCEL AND AUTHORIZING 
SALE OF SUCH SURFACE RIGHTS LOCATED 
ON CENTRE STREET, WEST ROXBURY TO 
ROBERT COLLINS (DOCKET NO. 05 14) 



The following was received: 

City Of Boston 
Office of the Mayor 

March 22, 2004 
To The City Council 
Dear Councilors: 

1 transmit herewith for your approval an Order trans- 
ferring surface rights under the control of the Public 
Improvement Commission (PLC.) from purpose of dis- 
continued street parcel to sale parcel and authorizing the 
sale of such surface rights located on Centre Street, West 
Roxbury. 

That portion of Centre Street shown on the accom- 
panying plan was discontinued by vote of the PLC. on 
December 19, 2002, The PLC. has determined that these 
surface rights are no longer needed for highway purposes. 
This Order also provides for the sale of the parcel to Rob- 
ert Collins. 

I urge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G.L. c. 40, § 15 A, that 
portion of Centre Street discontinued by vote of the Pub- 
lic Improvement Commission on December 19,2002, 
and shown on the accompanying plan, be, and the same 
hereby is, transferred from purpose of discontinued street 
parcel to sale parcel. 

IT IS FURTHER ORDERED: That the Mayor, acting 
on behalf of the Public Improvement Commission and 
pursuant to the authority granted to him under St. 1948, 
c. 452 §17E, as amended by St. 1966c. 642, § 14, be, and 
is hereby authorized to convey said surface rights by a 
Release Deed, in a form satisfactory to the Corporation 
Counsel, that portion of Centre Street discontinued by 
vote of the Public Improvement Commission on Decem- 
ber 19, 2002, and shown on the accompanying plan to 
Robert Collins. 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDER APPROVING TRANSFER OF SURFACE 
RIGHTS UNDER CONTROL OF PUBLIC IM- 
PROVEMENT COMMISSION (PLC.) FROM 
PURPOSE OF DISCONTINUED STREET PAR- 
CEL TO SALE PARCEL AND AUTHORIZING 
SALE OF SUCH SURFACE RIGHTS LOCATED 
ON CENTRE STREET, WEST ROXBURY TO 
FRED AND RINA AUDY (DOCKET NO. 05 1 5) 



December 19, 2002. The PLC. has determined that these 
surface rights are no longer needed for highway purposes. 
This Order also provides for the sale of the parcel to Fred 
and Rina Audy, 

I urge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G.L. c. 40, § ISA, that 
portion of Centre Street discontinued by vote of the Pub- 
lic Improvement Commission on December 19, 2002, 
and shown on the accompanying plan, be, and the same 
hereby is, transferred from purpose of discontinued street 
parcel to sale parcel. 

IT IS FURTHER 

ORDERED: That the Mayor, acting on behalf of the 
Public Improvement Commission and pursuant to the au- 
thority granted to him under St. 1948, c. 452 § 17E, as 
amended by St. 1966 c. 642, § 14, be, and is hereby au- 
thorized to convey said surface rights by a Release Deed, 
in a form satisfactory to the Corporation Counsel, that 
portion of Centre Street discontinued by vote of the Pub- 
lic Improvement Commission on December 19, 2002, and 
shown on the accompanying plan to Fred and Rina Audy. 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDER APPROVING TRANSFER OF 2,008 SQUARE 
FEET OF SURFACE RIGHTS UNDER CONTROL 
OF PUBLIC IMPROVEMENT COMMISSION 
(PLC.) FROM PURPOSE OF DISCONTINUED 
STREET PARCEL TO SALE PARCEL AND AU- 
THORIZING SALE OF SUCH SURFACE RIGHTS 
LOCATED ON ATHENS STREET, SOUTH BOS- 
TON (DOCKET NO. 0516) 

The following was received: 

City Of Boston 
Office of the Mayor 

March 22, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring 2,008 square feet of surface rights under the con- 
trol of the Public Improvement Commission (PLC.) from 
purpose of discontinued street parcel to sale parcel and 
authorizing the sale of such surface rights located on Ath- 
ens Street, South Boston. 

That portion of Athens Street shown on the accompa- 
nying plan was discontinued by vote of the PLC. on June 
20, 1991. The PLC. has determined that these surface 
rights are no longer needed for highway purposes. This 
Order also provides for the sale of the parcel. 

I urge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Bostoa 



The following was received: 

City Of Boston 
Office of the Mayor 

March 22, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring surface rights under the control of the Public 
Improvement Commission (PLC.) from purpose of dis- 
continued street parcel to sale parcel and authorizing the 
sale of such surface rights located on Centre Street, West 
Roxbury. 

That portion of Centre Sfreet shown on the accom- 
panying plan was discontinued by vote of the PLC. on 



ORDERED: That pursuant to G.L. c. 40, § 15 A, that 
portion of Athens Street discontinued by vote of the 
Public Improvement Commission on June 20, 1991, and 
shown on the accompanying plan, shall be, and the same 
hereby is, transferred from purpose of discontinued street 
parcel to sale parcel. 

IT IS FURTHER ORDERED: That the Mayor, acting 
on behalf of the Public Improvement Commission and 
pursuant to the authority granted to him under St. 1948, 
c. 452 § 17E, as amended by St. 1966 c. 642, § 14, be, 
and is hereby authorized to convey said surface rights by 
a Release Deed, in form satisfactory to the Corporation 
Counsel, that portion of Athens Street discontinued by 
vote of the Public Improvement Commission on June 20, 
1991, and shown on the accompanying plan. 



108 



CITY COUNCIL 



Referred to the Committee on Aviation and Trans- 
portation. 



for the borrower. Central Boston Elder Services, Inc., to 
undertake the project. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER APPROVING TRANSFER ISSUANCE OF 
TAX EXEMPT BONDS IN PRINCIPAL AMOUNT 
NOT TO EXCEED $5,000,000 FROM BOSTON 
INDUSTRIAL DEVELOPMENT FINANC- 
ING AUTHORITY (BIDFA) FOR PROJECT OF 
CENTRAL BOSTON ELDER SERVICES, INC. 
(DOCKET NO. 0517) 

The following was received: 

City Of Boston 
Office of the Mayor 

March 30, 2004 
To The City Council 
Dear Councilors; 

I transmit herewith for your approval an Order to ap- 
prove the issuance of a tax-exempt bond(s) in a principal 
amount not to exceed $5,000,000. The Boston Industrial 
Development Financing Authority (BIDFA)'s Board of 
Directors, acting pursuant to the provisions of Chapter 
40D of the Massachusetts General Laws, adopted a favor- 
able resolution with respect to the financing or refinancing 
of or the reimbursement of funds advanced by Central 
Boston Elder Services, Inc. (the "Borrower"), related to 
land and facilities owned or to be owned by the Borrower 
(including without limitation such financing, refinancing 
or reimbursement with respect to bond reserves and is- 
suance costs) located at 2301-2337 Washington Street, 
Roxbury, Massachusetts. 

It is proposed that the City (i) approve a project of the 
Borrower, which project (the. "Projecf ) will consist gen- 
erally of the (ii) demolition of the existing approximately 
32,000 square foot building located on the approximately 
0.773 acre site (the "Site"), (iii) construction and equip- 
ping of an approximately 24,000 square foot three floor 
building on the Site for use as the Borrower's adminis- 
trative headquarters and for a retail operation related to 
the Borrower's mission of assisting community elders, 
and (iv) provision of an approximately 53 parking spaces 
at the Site ("(i)" -"(iv)" constituting the "Phase I Plan"). 
There is a Phase IT Plan involving constructing and 
equipping another approximately 24,000 square foot three 
story building on the Site and providing approximately 34 
additional parking spaces. The maximum aggregate bond 
principal and estimated cost figures set forth above are 
solely with respect to the Phase I Plan. 

I urge your Honorable Body to pass this Order as ex- 
peditiously as possible so that this important project may 
proceed as described. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE FINANCING BY 
REVENUE BONDS TO BE ISSUED BY THE CITY 
OF BOSTON, ACTING BY AND THROUGH THE 
BOSTON INDUSTRIAL DE'VELOPMENT FINANC- 
ING AUTHORITY, FOR PROJECT OF CENTRAL 
BOSTON ELDER SERVICES, INC. 

ORDERED: That the project proposed by Central Bos- 
ton Elder Services, Inc. for demolition and construction 
at 2301-2337 Washington Street in Roxbury, the project's 
estimated cost and the financing of the project through 
the issuance of revenue bonds by the City of Boston, act- 
ing by and through the Industrial Development Financing 
Authority, in a principal amount not to exceed $5,000,000 
be, and the same hereby are, approved, pursuant to chapter 
40D of the Massachusetts General Laws; provided, how- 
ever, that such bonds shall not constitute a pledge of the 
faith and credit of the City of Boston or of The Common- 
wealth of Massachusetts; and be it further ordered that it 
is intended that this approval shall serve as an inducement 



ORDER FOR ANNUAL APPROPRIATION TAX OR- 
DERS FOR FY05 (DOCKET NO. 0518) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith my Recommended Budget for Fis- 
cal Year 2005, for the City of Boston. The Recommended 
Operating Budget totaling $1.92 billion is $70.9 million 
or 3.8% more than the Fiscal Year 2004 Budget 

Fiscal Year 2005 will be another difficult year for the 
City of Boston as we work to provide quality services to 
all who live and work here. Rising costs continue to out- 
pace the revenue growth necessary to fund those services. 
We have met our recent challenges head on and we will 
stay the course to ensure our City is on sound footing. 

Property tax revenues continue to grow while state aid, 
the City's second largest source of revenue, is expected to 
remain stagnant for Fiscal Year 2005. This funding level 
perpetuates state aid reductions made over the past two 
fiscal years totaling over $80 million dollars. In Fiscal 
Year 2005, just 23.5% of the City's revenue will come 
from state aid, the lowest share since the enactment of 
Proposition 2 1/2 

Over three quarters of the City's appropriations ftinds 
salaries and benefits. Public employees deserve air wages 
and the FY05 budget includes a collective bargaining re- 
serve based on what the City can afford. 1 will continue to 
negotiate fair salaries but they must reflect our fiscal real- 
ity. We carmot sacrifice essential services now or in the 
fijture to satisfy salary demands we cannot afford. 

Health Care costs continue to drive City expenditures 
despite the City negotiating the best rates possible. Year 
after year of double-digit growth in HMO and master 
medical rates far in excess of inflation are undermining 
the City's limited revenue growth. 

In the year ahead, the City will continue to irmovate 
in the areas of housing, education, youth programming, 
heath care and public safety. In order to provide the ser- 
vices our citizens deserve, government must continue to 
move forward and creatively address current and emerg- 
ing needs. To accomplish this, the budget reflects re- 
structuring and consolidation decisions that will not only 
increase efficiency, but also create new opportunities for 
service improvements. 

The Cit>''s budget, for a second year in a row, assumes 
a responsible allocation of the City's reserv'es. While us- 
ing reserves may be a necessity during these challenging 
fiscal times, the City needs to be ever vigilant to avoid 
committing this one-time source of revenue to address 
ongoing expenses. The limited reserve ftinds available 
now are the result of a decade of surpluses. As the City 
uses these ftinds prudently over a period of several finan- 
cially difficult years, we must recognize that it will re- 
quire years, even decades, of significant revenue growth 
in tandem with reasonable expenditure growth before re- 
serves are replenished. 

The Recommended Budget for Fiscal Year 2005 is 
soundly balanced within the City's available resources. I 
look forward to working with you during this process, and 
I respectfully request your favorable action on the Fiscal 
Year 2005 Operating Budget and the Fi\e Year Capital 
Plan for FY05 to FY09. 

Sincerely, 

Thomas M. Menino. 
M^orofBostoa 



APRIL 14, 2004 109 



Appropriation and Tax Order for the fiscal year Com- 
mencing July 1, 2004 and ending June 30, 2005 
ORDERED: 

I. That to meet the Current expenses of the City of 
Boston, in the fiscal year commencing July 1, 2004 and 
ending June 30, 2005, the respective sums of money 
specified in the schedules 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 purposes 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 collected 
from July 1, 2003 up to and including March 3 1 , 2004, as 
certified by the City Auditor under Section 23 of Chapter 
59 of the General Laws, and out of available funds on 
hand, (which is hereby determined to be $15,000,000) 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 provisions 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: 



110 



CITY COUNCIL 



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112 



CITY COUNCIL 



FURTHER ORDERED: II. That to meet so much of 
the expenses of maintaining, improving and embellishing 
in the fiscal period commencing July 1 , 2004 and ending 
June 30, 2005, 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 , 2003, 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 ex- 
pended under the direction of the Commissioner of Parks 
and Recreation: 

400100 

Cemetery Division 

Parks and Recreation Department 52,029,004 

Referred to the Committee on Ways and Means. 



ORDER FOR ANNUAL APPROPRIATION FOR 
SCHOOL DEPARTMENT (DOCKET NO. 0519) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an appropriation order for the Bos- 
ton Public Schools for Fiscal Year 2005, in the amount 
of $674,800,000, 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 
70 1 of the Acts of 1 986, Chapter 6 1 3 of the Acts of 1 987, 
and Chapter 1 08 of the Acts of 1 99 1 . 

A collective bargaining reserve of 521,600,000 has 
been added to the budget approved by the Boston School 
Committee to fund the tentative agreement with the Bos- 
ton Teachers Union. Excluding this reserve, the recom- 
mended budget for Fiscal Year 2005 represents a slight 
1.1 %, or $7,100,000 increase, over the Fiscal Year 2004 
budget. 

Substantial challenges continue to face our public 
school system. Fixed costs, including dramatically in- 
creasing health insurance rates, other inflationary increas- 
es and contractual obligations, immediately absorb the 
total benefits of this year's budget increase. The Boston 
School Committee and Superintendent have submitted a 
plan that aligns resources with efforts to insure the gains 
made in student achievement and in closing the achieve- 
ment gap are sustained. 

Although meaningful expense reductions are evident 
throughout this budget, we were able to avoid the dramat- 
ic school-by-school reductions of Fiscal Year 2004. Lim- 
ited resources were rationally distributed among schools 
recognizing the differentiated budgetary needs based on 
size, level, and proportion of their budgets that provide 
services for students with disabilities. 

Despite these financial challenges, I am proud of the 
School Department's efforts to secure the gains of recent 
years and to implement creative plans that will continue 
to move our schools forward. In classrooms at all grade 
levels, reductions in class size will be maintained. The 
Superintendent will continue to restructure high schools 
and establish smaller learning communities. Focusing 
resources on improving education for our youngest chil- 
dren, early education programs will be expanded. These 
moves reflect the dynamism and positive change that con- 
tinues to flourish in the Boston Public Schools. 

I respectfully request your support of the Fiscal Year 
2005 appropriation for the Boston Public Schools. 
Sincerely, 

Thomas M. Menino, 
M^orofBostoa 



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 fiscal period commenc- 
ing July 1, 2004 and ending June 30. 2005, the sum of 
SEX HUNDRED SEVENTY FOUR MILLION EIGHT 
HUNDRED THOUSAND DOLLARS (5674,800,000) 
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 

$674,800,000 

Referred to the Committee on Ways and Means. 



ORDINANCE ESTABLISHING FEE FOR ACCESS TO 
BOSTON FIRE DEPARTMENT'S MASTER BOX 
(DOCKET NO. 0520) 

The following was received: 

Cit>' Of Boston 
Office of the Mayor 

April 13,2004 
To The City Coimcil 
Dear Councilors: 

I transmit herewith for your approval an ordinance 
to amend City of Boston Code, Ordinances, § 18-1.13, 
by establishing a fee for obtaining access to the City of 
Boston Fire Department's Municipal Fire Alarm System. 
This is fee would be applied for non-mandatory access, 
thus the fee is voluntary for those in need of master box 
access. 

The purpose of this fee is to cover costs associated with 
providing this service to non-city buildings. 

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

Thomas M. Menino, 
M^orofBostoa 



ORDINANCE ESTABLISHING A FEE FOR ACCESS 

TO THE BOSTON FIRE DEPARTMENT'S 

MASTER BOX 

Section 1 . City of Boston Code, Ordinances, Section 
18-1.13, is hereby amended by inserting after paragraph 
six (6) the following paragraph: ■'6A. Master Box Fee. 
The fee of the Commissioner of the Boston Fire Depart- 
ment for accommodating a request for access to the Bos- 
ton Fire Department's Municipal Fire Alarm System shall 
be six hundred dollars (5600.00) annually." 

Referred to the Committee on Government Opera- 
tions. 



ORDER APPROVING PETITION FOR SPECIAL LAW 
RE: ACT RELATIVE TO RATE OF EXCISE ON 
CONDOMINIUM CONVERSIONS AND LOT 
SUBDFVISIONS (DOCKET NO. 0521) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval a petition to the 
General Court entitled "AJi Act Relative to the Rate of 
Excise on Condominiimi Conversions and Lot Subdivi- 
sions." 

This Act would amend Chapter 190, Section 9 of the 
Acts of 1 982 by increasing the rate of excise paid to the 
City of Boston for the conversion of condominium units 
greater than one unit, and the subdivision of lots greater 



APRIL 14, 2004 



113 



than two. The purpose of this increase is to adjust the rate 
of excise that has been constant for twenty-two years, as 
the current rate of excise compared to the current aver- 
age condominium value is less than one-third its original 
rate. 

I urge your Honorable Body to adopt this petition to 
the General Court at the earliest possible date. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ACT RELATIVE TO THE RATE OF EXCISE 

ON CONDOMINIUM CONVERSIONS AND LOT 

SUBDIVISIONS. 

ORDERED: That a petition to the General Court, ac- 
companied by a bill for a special law relating, to the City 
of Boston, to be filled 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: 

Section 9 of Chapter 190 of the Acts of 1982 is hereby 
amended by striking it and replacing it with the following 
Section 9: 

SECTION 9. For purposes of this section, the follow- 
ing words shall, unless the context otherwise requires, 
have the following meanings: 

"Applicant", any person, as defined in section one of 
chapter sixty-four H of the General Laws, who seeks to 
register a master deed or a subdivision plan in the registry 
of deeds or who seeks a building permit for the construc- 
tion or alteration of a structure or other appurtenances 
thereto on one or more lots included in a consolidation. 

"Condominium, master deed and unit", shall have the 
meanings given such words by chapter one hundred and 
eighty-three A of the General Laws. 

"Consolidation", the consolidation of two or more lots, 
as shown on the records of the building department of 
the city, into one parcel of land for purposes of construc- 
tion or alteration on one or more lots in such parcel or 
structures, or appurtenances thereto, for which a build- 
ing permit is required to be granted by the commissioner 
of said department in accordance with the state building 
code or chapter one hundred and forty-three of the Gen- 
eral Laws. 

"Consolidation plan", a plan of a proposed consolida- 
tion, in such form as the building commissioner of the 
city shall prescribe, showing the boundaries of each lot in 
such consolidation and the names of each record owner 
and the applicant and such other information as the build- 
ing commissioner of the city may reasonably require or as 
is required by law and includes a site plan as provided in 
the state building code. 

"Lot", an area of land in one ownership, with definite 
boundaries, used, or available for use, as the site of one 
or more structures as defined in chapter one hundred and 
forty-five of the General Laws. 

"Subdivision", the division of a tract of land into two 
or more lots and includes re-subdivision. 

"Subdivision plan", a plan of a proposed subdivision 
showing the boundaries of each lot to be established 
thereby, the record owner and the applicant and such other 
information as may be required by law. 

"Registry of deeds", the registry of deeds of Suffolk 
county and, when appropriate, includes the land court. 

Whether or not any loan authorized by section one of 
this act is outstanding, on and after the thirtieth day fol- 
lowing the effective date of this act, an excise is hereby 
imposed upon the creation of any condominium or sub- 
division located in whole or in part in the city of Boston 
at the uniform rate of one thousand dollars for each unit, 
in excess of one unit, in the condominium, as shown by 
the master deed, and one thousand dollars for each lot in 
excess of two lots, in the subdivision as shown by the sub- 
division plan. Such excise shall be in addition to any other 
excise or fee payable under any other provision of law ap- 



plicable to the creation of condominiums or subdivisions 
or the recording of a master deed or a subdivision plan or 
instrument conveying interests in units or lots. 

Payment of the excise imposed hereby shall be made 
by the applicant to the collector-treasurer of the city 
prior to recording any master deed or subdivision plan. 
No master deed or plan shall be accepted for recording 
in Suffolk county registry of deeds or in the land court, 
where applicable, unless the collector-treasurer certifies 
thereon that the excise imposed by this section has been 
paid. The collector-treasurer shall deposit all amounts so 
collected in the Excise Fund established in section ten of 
this act, or if such fund shall have been dissolved, in the 
general fiind of the city. 

The excise imposed under this section, unless paid as 
provided herein, shall, with ail incidental charges and 
fees, be a lien on each unit or lot from the date of filing of 
the master deed and shall be subject to the provisions of 
chapter sixty, section thirty-seven of the General Laws in 
the same manner as taxes assessed on land. 

Whether or not any loan authorized by section one of 
this act is outstanding, on and after the thirtieth day fol- 
lowing the effective date of this act, an excise is hereby 
imposed upon each consolidation located in whole or in 
part in the city of Boston at the uniform rate of one thou- 
sand dollars for each lot, in excess of two lots, as shown 
on the consolidation plan. 

Such excise shall be in addition to any other excise or 
fee payable under any other provision of law applicable 
to such consolidation or the issuance of a building permit 
for the construction or alteration of any structure on any 
lot thereon. 

Payment of the excise shall be made by the applicant 
to the collector-treasurer of the city prior to the issuance 
by the building commissioner of any permit applicable 
to construction or alteration of any structure in any lot in 
such consolidation and said commissioner shall not issue 
any such permit until a consolidation plan has been filed 
with the commissioner accompanied by a certificate of 
the collector-treasurer, on such form as he shall prescribe, 
attesting to the payment of the excise applicable thereto. 
The collector-treasurer shall deposit all amounts so col- 
lected in the Excise Fund established in section ten of this 
act, or if such fund shall have been dissolved, in the gen- 
eral fund of the city. 

The administration of this section is hereby vested in 
the collector-treasurer of the city of Boston, and all forms 
necessary and proper for the enforcement of this section 
shall be prescribed and furnished by the collector-trea- 
surer. The collector-treasurer may prescribe regulations 
not inconsistent with law, to carry into effect the provi- 
sions of this section, which regulations when reasonably 
designed to carry out the intent and purpose hereof shall 
be prima facie evidence of the proper interpretation of 
such provisions. The collector-treasurer shall fiimish the 
city council and the commissioner of revenue of the com- 
monwealth with a copy of any regulation proposed to be 
prescribed under this section and shall publish such pro- 
posed regulation in the city record. 

Such regulation shall be effective twenty days after the 
date of publication unless prior thereto the city council, by 
majority vote of all its members, shall vote to rescind such 
regulation. All remedies provided by sections thirty-five, 
thirty-six, and thirty-seven of chapter sixty of the General 
Laws or otherwise provided by law shall be available to 
and are hereby vested in the collector-treasurer for the 
proper administration and enforcement of this section. 

Referred to the Committee on Government Opera- 
tions. 



ORDER AUTHORIZING CITY TO ENTER INTO ONE 
OR MORE LEASE. LEASE-PURCHASE OF IN- 
STALLMENT SALES AGREEMENTS IN FY05 
IN AMOUNT NOT TO EXCEED $10,000,000 
AND IN FY06 IN AMOUNT NOT TO EXCEED 
$10,000,000 FOR DIFFERENCE CITY DEPART- 
MENTS FOR ACQUISITION OF EQUIPMENT 



114 



CITY COUNCIL 



IN FURTHERANCE OF RESPECTIVE GOVERN- 
MENTAL FUNCTIONS (DOCKET NO. 0522) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval authorizing the 
City of Boston to enter into one or more lease, lease-pur- 
chase or installment sales agreements in Fiscal Year 2005 
in an amount not to exceed S 1 0,000,000 and in Fiscal Year 
2006, in an amount not to exceed $10,000,000. These 
funds are to be used by various City departments for the 
acquisition of equipment in furtherance of their respective 
governmental fimctions. The list of equipment includes: 
computer equipment (hardware and software), motor ve- 
hicles and trailers, firefighting equipment, office equip- 
ment, photocopying equipment, telecommunications 
equipment, medical equipment, school and educational 
equipment, school buses, parking meters, street lighting 
installation, traffic signal equipment and equipment func- 
tionally related to, and components of, the foregoing. 

I urge your Honorable Body to pass this order as expe- 
ditiously as possible to ensure the successful completion 
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 2005, in an amount not to ex- 
ceed $10,000,000 and in Fiscal Year 2006, in an amount 
not to exceed $ 1 0,000,000, 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, photocopy- 
ing equipment, telecommunications equipment, medical 
equipment, school and educational equipment, school 
buses, parking meters, street lighting installation, traffic 
signal equipment 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-Trea- 
surer 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, insurance 
to secure the City's obligation as authorized above, all in 
such form or forms as the Collector/Treasurer may deter- 
mine with the approval of the Mayor. 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $1,665,000 FOR AQUIR- 
ING 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 
CONSTRUCTION OF BUILDINGS OR FOR 
ADDITIONS TO SUCH BUILDFNGS WHERE 
SUCH ADDITIONS INCREASE FLOOR SPACE 
OF SAID BUILDINGS INCLUDING COST OF 
ORIGINAL EQUIPMENT AND FURNISHINGS 
OF SAID BUILDINGS, INCLUDING COST OF 
ORIGINAL EQUIPMENT AND FURNISHINGS 
OF SAID BUILDING FOR PURPOSE OF FIRE 
AND POLICE DEPARTMENTS (DOCKET NO. 



0523) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $1,665,000 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 addi- 
tions to such buildings where such additions increase the 
floor space of said buildings, including the cost of origi- 
nal equipment and furnishings of said buildings, for the 
purposes of the Fire and Police Departments. 
Sincerely, 

Thomas M. Menino, 
M^orofBostoa 



ORDERED: That the sum of One Million Six Hundred 
Sixty Five Thousand Dollars ($1,665,000) 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 build- 
ings where such additions increase the floor space of said 
buildings, including the cost of original equipment, and 
furnishings of said buildings, for the purposes of the Fire 
and Police Departments; and that to meet said appropria- 
tion 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 project(s) as described by name 
attached herein. 

FY05 Capital Council Order Attachment 

1 . Fire Academy Training Simulator 

2. Area B-2 Station (New) 

3. Area B-3 Station 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $12,875,000 FOR PLAN- 
NING, DESIGNING, ACQUIRING LAND FOR, 
CONSTRUCTING AND ORIGINALLY EQUIP- 
PING STRUCTURES AND FACILITIES AND 
FOR REMODELING, RECONSTRUCTING OR 
MAKING MAJOR ALTERATIONS, ADDITIONS 
AND MAJOR REPAIRS TO EXISTING FACILI- 
TIES INCLUDING ORIGINAL EQUIPMENT 
AND LANDSCAPING INCLUDING PLANTING 
OF SHADE TREES, PAVING AND OTHER SITE 
IMPROVEMENTS INCIDENTAL OR DIRECTLY 
RELATED TO SUCH REMODELING. RECON- 
STRUCTION OR REPAIR FOR PURPOSE OF 
SCHOOL DEPARTMENT (DOCKET NO. 0524) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Coimcilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $12,875,000 for the planning, de- 
signing, acquiring land for, constructing and originally 
equipping structures and facilities and for remodeling, re- 
constructing, or making alterations, additions and major 
repairs to existing facilities including original equipment 



APRIL 14, 2004 



115 



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 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 ofTwelve Million Eight Hun- 
dred Seventy Five Thousand Dollars ($12,875,000) be, 
and hereby is, appropriated for a school project, including 
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, landscaping, 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 Clauses (3) and/ or 
(3 A) of Section 7 of Chapter 44 of the General Laws, or 
under the provisions of Chapter 70B, as amended, or un- 
der 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 appropria- 
tion authorized through this order be expended only on 
the project(s) as described by name attached herein. 

FY05 Capital Council Order Attachment 

1. Burke High School 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $10,325,000 FOR REMOD- 
ELING, RECONSTRUCTING OR 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 
PURPOSE OF FIRE, LIBRARY, NEIGHBOR- 
HOOD DEVELOPMENT, POLICE, PROPERTY 
AND CONSTRUCTION MANAGEMENT AND 
PUBLIC HEALTH COMMISSION DEPART- 
MENTS (DOCKET NO. 0525) 

The following was received: 

City Of Boston 
Office of the Mayor 

Aprill3,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $10,325,000 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 Fire, Library, Neighborhood Devel- 
opment, Police, Property and Construction Management 
and Public Health Commission Departments. 
I urge your Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Ten Million Three Hun- 
dredTwenty Five Thousand Dollars ($10,325,000) be, and 
hereby is, appropriated for remodeling, reconstructing, or 
making extraordinary repairs to public buildings owned 
by the City, including original equipment and landscap- 
ing, paving and other site improvements incidental or di- 



rectly related to such remodeling, reconstruction or repair 
for the purposes of the Fire, Library, Neighborhood De- 
velopment, Police, Property and Construction Manage- 
ment and Public Health Commission 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 project(s) as 
described by name attached herein. 

FY05 Capital Council Order Attachment 

1. Critical Facility Repairs FY05 - a 

2. Engine 51 

3. Critical Facility Repairs FY05 - b 

4. Strand Theater 

5. Area A- 1 Station - a 

6. Area A- 1 Station - b 

7. Critical Facility Repairs FY05 - c 

8. 1010 Massachusetts Avenue Cooling Towers 

9. 400 Frontage Road 

10. 41 New Chardon Street 

1 1 . City Hall Garage and Loading Dock 

12. Critical Facility Repairs FY05 - d 

13. Critical Facility RepairsFY05 - e 

14. South Block Parking Garage 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $28,960,000 FOR REMOD- 
ELING, RECONSTRUCTING OR 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 
PURPOSE OF BOSTON CENTER FOR YOUTH 
AND FAMILIES AND SCHOOL DEPARTMENTS 
(DOCKET NO. 0526) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $28,960,000 for the remodeling, 
reconstructing, making exttaordinary 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 Boston Center for Youth and Families 
and School Departments. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Twenty Eight Million 
Nine Hundred Sixty Thousand Dollars ($28,960,000) be, 
and hereby is, appropriated for remodeling, reconsttnct- 
ing, or making exttaordinary repairs to public buildings 
owned by the City, including original equipment and land- 
scaping, paving and other site improvements incidental 
or directly related to such remodeling, reconstruction or 
repair for the purposes of the Boston Center for Youth and 
Families and School 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 



116 



CITY COUNCIL 



certificates of indebtedness of the City up to said amount, 
provided that the appropriation authorized through this 

order be expended only on those project(s) as described 

by name attached herein. 

FY05 Capital Council Order Attachment 

1 . Blackstone Community Center Program Study 

2. Flaherty Pool 

3. Hennigan Community Center Pool 

4. Holland Community Center 

5. Hyde Park Community Center Interior 

6. Jackson-Mann Gym Floor 

7. Mason Pool 

8. Paris Street Pool - a 

9. Paris Street Pool- b 

10. Pool Repairs 

1 1 . Roslindale Community Center 

12. Baldwin School Boiler 

13. Baldwin School E.E.C. 

14. Baldwin School Elevator 

15. BCLA / ACC atTaft Building 

1 6. Cleveland School HVAC 

1 7. Condon School 

1 8. Critical Facility Repairs FY03-FY05 

19. Fifield School Roof and Masonry 

20. Gym Floor Replacement at 2 Schools 

2 1 . Holland School Exterior 

22. Lewis School Roof and Masonry 

23. Madison Park High School HVAC 

24. Masonry Repairs at 1 8 Schools 

25. Masonry Repairs at 6 Schools 

26. Mendell School 

27. Ohrenberger School 

28. Replace Exterior Doors at 10 Schools 

29. Roof Replacement at 10 Schools 

30. Roof Replacement at 6 Schools 

3 1 . Technology Upgrades at 4 Schools 

32. Thompson School 

33. Ventilation Improvements at 2 School Pools 

34. Winship School 

35. Young Achievers School Roof 
Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $8,870,000 FOR CONSTRUC- 
TION OR RECONSTRUCTION OF SURFACE 
DRAINS AND SEWERS, CONSTRUCTION, RE- 
CONSTRUCTION, LAYING, RELAYING AND 
EXTENSION OF WATER MAINS, PURCHASE, 
REPLACEMENT OR REHABILITATION OF WA- 
TER DEPARTMENTAL EQUIPMENT AND FOR 
CONSTRUCTION OF NEW STANDPIPE AND/ 
OR REHABILITATION OF WATER DEPARMEN- 
TAL EQUIPMENT AND FOR CONSTRUCTION 
OF NEW STANDPIPE AND/OR REHABILITA- 
TION OF EXISTING STANDPIPE FOR PURPOS- 
ES OF NEIGHBORHOOD DEVELOPMENT AND 
PARKS AND RECREATION DEPARTMENTS 
(DOCKET NO. 0527) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $8,870,000 for, but not limited to, 
the construction or reconstruction of surface drains and 
sewers, the construction, reconstruction, laying, relaying 
and extension of water mains, the purchase, replacement 
or rehabilitation of water departmental equipment and 
for the construction of a new standpipe and/ or the reha- 
bilitation of an existing standpipe for the purposes of the 
Neighborhood Development and Parks and Recreation 
Departments. 

Sincerely, 

Thomas M. Menino, 



Mayor of Boston. 



ORDERED: That the sum of Eight Million Eight Hun- 
dred Seventy Thousand Dollars ($8,870,000) be, and 
hereby is, appropriated for, but not limited to, the con- 
struction or reconstruction of surface drains and sewers, 
the construction, reconstruction, laying, relaying and ex- 
tension of water mains, the purchase, replacement or re- 
habilitation of water departmental equipment and for the 
construction of a new standpipe and/ or the rehabilitation 
of an existing standpipe for the purposes of the Neigh- 
borhood Development and Parks and Recreation Depart- 
ments; and that to meet said appropriation the Collector/ 
Treasurer be, and hereby is, authorized under the provi- 
sions of Clause (1) of Section 7 and Clauses (4), (5), (6), 
(7) and (7C) of Section 8 of Chapter 44 or under any other 
related authority 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 project(s) as described 
by name attached herein. 

FY05 Capital Council Order Attachment 

1 . Long Island Utilities 

2. Franklin Park Maintenance Yard Utilities 
Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $8,635,000 FOR CONSTRUC- 
TION OR PRECONSTRUCTION OF BRIDGES 
OF STONE OR CONCRETE OR OF IRON SU- 
PERSTRUCTURE FOR PURPOSES OF PUBLIC 
WORKS DEPARTMENT (DOCKET NO. 0528) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $8,635,000 for the construction or 
reconstruction of bridges of stone or concrete or of iron 
superstructure for the purposes of the Public Works De- 
partment. 

Sincerely, 

Thomas M. Menino, 
Mayor of Bostoa 



ORDERED: That the sum of Eight Million Six Hun- 
dred Thirty Five Thousand Dollars ($8,635,000) be, and 
hereby is, appropriated for the construction or reconstruc- 
tion of bridges of stone or concrete or of iron superstruc- 
ture for the purposes of the Public Works Department; 
and that to meet said appropriation the Collector/Trea- 
surer be, and hereby is, authorized under the provisions 
of Clause (4) 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 
project(s) as described by name attached herein. 

FY05 Capital Council Order Attachment 

1 . Long Island Bridge Critical Repairs 

2. American Legion Bridge 

3. Bridge Engineering Overview FY05 

4. Bridge Repairs FY05 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $10,300,000 FOR ORIGINAL 
CONSTRUCTION OF PUBLIC WAYS OR EX- 
TENSION OR WIDENING THEREOF INCLUD- 
ING LAND DAMAGES AND COST OF PAVE- 



APRIL 14, 2004 



117 



MENT AND SIDEWALKS LAID AT TIME OF 
SAID CONSTRUCTION OR FOR CONSTRUC- 
TION OF STONE, BLOCK, BRICK, CEMENT 
CONCRETE, BITUMINOUS CONCRETE, BITU- 
MINOUS MACADAM OR OTHER PERMANENT 
PAVEMENT OF SIMILAR LASTING CHARAC- 
TER FOR PURPOSES OF PUBLIC WORKS DE- 
PARTMENT (DOCKET NO. 0529) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropria- 
tion order in the amount of $10,300,000 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 pur- 
poses of the Public Works Department. 

I urge yoiu' Honorable Body to pass this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Ten Million Three Hun- 
dred Thousand Dollars ($10,300,000) be, and hereby is, 
appropriated 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 concrete, bitu- 
minous macadam or other permanent pavement of simi- 
lar lasting character for the purposes of the Public Works 
Department; and that to meet said appropriation the Col- 
lector/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 ap- 
proval of the Mayor, bonds, notes or certificates of indebt- 
edness of the City up to said amount, provided that the 
appropriation authorized through this order be expended 
only on those project(s) as described by name attached 
herein. 

FY05 Capital Council Order Attachment 

1 . Back Streets Program 

2. Edward Everett Square 

3. Maverick Square 

4. Peabody Square 

5. Roadway Reconstruction FY2006 

6. Greenway Crossroads Initiative 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $1,820,000 FOR COST OF 
DEPARTMENTAL EQUIPMENT FOR PURPOSE 
OF FIRE AND PARKS AND RECREATION DE- 
PARTMENTS (DOCKET NO. 0530) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

1 transmit herewith for your approval an appropriation 
order in the amount of $1,820,000 for the purpose of the 
cost of departmental equipment to service the Fire and 
Parks and Recreation Departments. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of One Million Eight Hun- 
dred Twenty Thousand Dollars ($ 1 ,820,000) be, and here- 
by is, appropriated for the cost of departmental equipment 
for the purposes of the Fire and Parks and Recreation De- 
partments; and that to meet said appropriation the Col- 
lector/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 ap- 
proval of the Mayor, bonds, notes or certificates of indebt- 
edness of the City up to said amount, provided that the 
appropriation authorized through this order be expended 
only on those project(s) as described by name attached 
herein. 

FY05 Capital Council Order Attachment 

1. Fire Equipment FY05 

2. Park Equipment FY05 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $945,000 FOR INSTALLA- 
TION OF STREET LIGHTING FOR PURPOSE 
OF PUBLIC WORKS DEPARTMENT (DOCKET 
NO. 0531) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $945,000 for the installation of 
street lighting for the purposes of the Public Works De- 
partment. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Nine Hundred Forty Five 
Thousand Dollars ($945,000) be, and hereby is, appro- 
priated for street lighting installation for the purposes 
of the Public Works Department; and that to meet said 
appropriation the Collector/Treasurer be, and hereby is, 
authorized under the provisions of Clause ( 1 4) 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 project(s) as described 
by name attached herein. 

FY05 Capital Council Order Attachment 

1. Street Lighting Installation FY2005 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $280,000 FOR DEVELOP- 
ING LAND FOR BURJAL PURPOSES AND OFR 
CONSTRUCTING PATHS AND AVENUES AND 
EMBELLISHING GROUNDS IN CITY-OWNED 
CEMETERIES UNDER MANAGEMENT OF 
PARKS AND RECREATION DEPARTMENT 
(DOCKET NO. 0532) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $280,000 for developing land for 



118 



CITY COUNCIL 



burial purposes and for constructing paths and avenues 
and embellishing the grounds in city-owned cemeteries 
under the management of the Parks and Recreation De- 
partment. 

Sincerely, 

Thomas M. Menino, 
M^or of Boston. 



ORDERED: That the sum of Two Hundred Eighty 
Thousand Dollars ($280,000) be, and hereby is, appropri- 
ated for developing land for burial purposes and for con- 
structing paths and avenues and embellishing the grounds 
in city-owned cemeteries, under the management 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, 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 project(s) as described 
by name attached herein. 

FY05 Capital Council Order Attachment 

1 . Historic Cemeteries FY02-05 

Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $9,775,000 FOR CON- 
STRUCTION OF MUNICIPAL OUTDOOR 
RECREATIONAL AND ATHLETIC FACILITIES 
INCLUDING ACQUISITION AND DEVELOP- 
MENT OF LAND AND CONSTRUCTION AND 
RECONSTRUCTION OF SUCH FACILITIES 
FOR PURPOSE OF PARKS AND RECREATION 
DEPARTMENT (DOCKET NO. 0533) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $9,775,000 for the purpose of the 
construction of municipal outdoor recreational and ath- 
letic 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. 

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

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the sum of Nine Million Seven Hun- 
dred Seventy Five Thousand Dollars ($9,775,000) 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 Environment, Parks and Recreation and School De- 
partments; and that to meet said appropriation the Col- 
lector/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 ap- 
proval of the Mayor, bonds, notes or certificates of indebt- 
edness of the City up to said amount, provided that the 
appropriation authorized through this order be expended 
only on those project(s) as described by name attached 
herein. 

F Y05 Capital Council Order Attachment 

1 . Condor Stteet/Belle Island Fish Company Remedia- 
tion 

2. Almont/ Oriando Street Playlot 



3. Dorchester Park 

4. East Boston Memorial Park 

5. General Parks Improvements FYOl-05 

6. George Wright Golf Course 

7. Hazardous Remediation 

8. Hynes Playground 

9. Kilmarnock Street Playground 

10. Madison Park Field 

1 1 . Muddy River 

12. Pagel Playground 

13. Ronan Playground 

14. Smith Field 

15. School Yard Improvements Round 6 
Referred to the Committee on Ways and Means. 



ORDER FOR LOAN OF $505,000 FOR DEVELOP- 
MENT, DESIGN, PURCHASE, INSTALLATION 
AND OPERATION OF COMPUTER HARD- 
WARE, OTHER DATA PROCESSING EQUIP- 
MENT AND COMPUTER ASSISTED INTE- 
GRATED FINANCIAL MANAGEMENT AND 
ACCOUNTING SYSTEMS FOR PURPOSE OF 
SCHOOL DEPARTMENT (DOCKET NO. 0534) 



The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an appropriation 
order in the amount of $505,000 for the development, 
design, purchase, installation and operation of computer 
hardware, 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 Bostoa 



ORDERED: That the sum of Five Hundred Five Thou- 
sand Dollars ($505,000) be, and hereby is, appropriated 
for the development, design, purchase, installation and 
operation of computer hardware, other data processing 
equipment and computer assisted integrated financial 
management and accounting systems, for the purpose 
of the School Department; and that to meet said appro- 
priation the Collector/Treasurer be, and hereby is, au- 
thorized under the provisions of Clause (28) 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 project(s) as described 
by name attached herein . 

FY05 Capital Council Order Attachment 

1 . Computer Technology FY05 

Referred to the Committee on Ways and Means. 



COMMUNICATION RECEIVED FROM MASS HIGH- 
WAY RE: LAYOUT #7800 ORDER OF ABAN- 
DONMENT (DOCKET NO. 0535) 

Communication was received from Mass Highway re: 
Layout #7800 Order of Abandonment. 
Placed on file. 



COMMUNICATION RECEIVED FROM MASS HIGH- 
WAY RE: LAYOUT #7770 ORDER OF DISCON- 
TINUANCE (DOCKET NO. 0536) 



APRIL 14, 2004 



119 



Communication was received from Mass Highway re: 
Layout #7770 Order of Discontinuance. 
Placed on file. 



COMMUNICATION FROM ROBERT E. TIERNEY, 
EXECUTIVE DIRECTOR, BOSTON RETIRE- 
MENT BOARD RE: CONSIDERATION OF FY05 
COLA (DOCKET NO. 0537) 

Communication was received from Robert E. Tiemey, 
Executive Director, Boston Retirement Board re: consid- 
eration of FY05 COLA. 

Placed on file. 



COMMUNICATION FROM SELMA URMAN, PRE- 
SIDING OFFICER, ENERGY FACILITIES SIT- 
ING BOARD RE: BOSTON EDISON COMPANY 
D/B/A NSTAR ELECTRIC (DOCICET NO. 0538) 

Communication was received from Selma Urman, Pre- 
siding Officer, Energy Facilities Siting Board re: Boston 
Edison Company d/b/a NSTAR Electric. 

Placed on file. 



COMMUNICATION FROM FORT POINT ASSOCI- 
ATES, INC. RE: FINAL PROJECT IMPACT RE- 
PORT/ENVIRONMENTAL IMPACT REPORT 
(DOCKET NO. 0539) 

Communication was received fi"om Fort Point Associ- 
ates, Inc. re: Final Project Impact Report/Environmental 
Impact Report. 

Placed on file. 



REPORT ON ORDER FOR CONFIRMATION OF AP- 
POINTMENT OF SADIE SAVAGE AS MEMBER 
OF BOSTON HOUSING AUTHORITY MONI- 
TORING COMMITTEE FOR TERM EXPIRING 
ON FIRST MONDAY FN JANUARY 2006 (DOCK- 
ET NO. 0367) 

Councilor YANCEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 0367, message of the Mayor and 
order for confirmation of the appointment of Sadie Sav- 
age as a member of the Boston Flousing Authority Moni- 
toring Committee for a term expiring the first Monday in 
January 2006 (referred March 3) recommending the order 
ought to be confirmed. 

The report was accepted; the appointment was con- 
firmed. 



REPORT ON ORDER AUTHORIZING DEPARTMENT 
OF NEIGHBORHOOD DEVELOPMENT TO AP- 
PLY FOR, ACCEPT AND EXPEND SHELTER 
PLUS CARE GRANT OF $1,007,820 FROM 
UNITED STATES DEPARTMENT OF HOUSING 
(DOCKET NO. 0393) 

Councilor YANCEY, on behalf of the Committee on 
Housing, submitted the following: 

Report on Docket No. 0393, message of the Mayor 
and order authorizing the Department of Neighborhood 
Development to apply for, accept and expend a Shelter 
Plus Care grant of $1,007,820 from the United States De- 
partment of Housing (referred March 10) recommending 
passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: CREDITABLE SERVICE OF 
CERTAIN EMPLOYEES OF SCHOOL DEPART- 
MENT (DOCKET NO. 0484) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0484, order approving a petition 
for a special law re: creditable service of certain employ- 
ees of the School Department (referred March 3 1 ) recom- 
mending passage of the order in a new draft. 

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



REPORT ON ORDER RELATIVE TO ACCEPTANCE 
OF SUPPLEMENTAL TAX ASSESSMENT IN 
CITY OF BOSTON (DOCKET NO. 0429) 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0429, order relative to accep- 
tance of supplemental tax assessment in City of Boston 
(referred March 1 0) - recommending the order be rejected 
without prejudice. 

The report was accepted; the order was rejected 
without prejudice. 



REPORT ON ORDER AUTHORIZFNG CITY TO AC- 
CEPT AND EXPEND GRANT OF $91,000 FROM 
NSTAR FOR PURPOSE OF FUNDFNG PROJECT 
ENTITLED "INTEGRATED ENERGY MANAGE- 
MENT PLAN" (DOCKET NO. 0321) 

Councilor HENNIGAN, on behalf of the Committee 
on Public Utilities and Cable Communications, submitted 
the following: 

Report on Docket No. 0321, order authorizing the City 
to accept and expend a grant of $91,000 from NSTAR 
for purpose of funding project entitled "Integrated Energy 
Management Plan" (referred February 25) - recommend- 
ing passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: ACT CLARIFYING ELEC- 
TIONS IN CITY OF BOSTON (DOCKET NO. 

0284) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 0284, order approving a peti- 
tion for a special law re: An Act Clarifying Elections in 
the City of Boston (referred February 4) - recommending 
passage of the order in a new draft. 

On motion of Councilor Tobin, Docket No. 0284 was 
remanded back to the Committee on Government Op- 
erations. 



REPORT ON ORDER AUTHORIZING FIRE COMMIS- 
SIONER TO ACCEPT AND EXPEND GRANT OF 
$60,000 FROM MASSACHUSETTS EXECUTIVE 
OFFICE OF HEALTH AND HUMAN SERVICES 
FOR PURPOSE OF DEPLOYING, MAINTAIN- 
FNG AND IMPLEMENTING 10 MASS DECON- 
TAMINATION UNITS (DOCKET NO. 03 1 1 ) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 03 11 , order authorizing the Fire 
Commissioner to accept and expend a grant of $60,000 



120 



CITY COUNCIL 



from the Massachusetts Executive Office of Health and 
Human Services for the purpose of deploying, maintain- 
ing and implementing 10 Mass Decontamination Units 
(referred February 25) - recommending passage of the 
order 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $54,889 FROM UNITED STATES DEPART- 
MENT OF JUSTICE, VIOLENCE AGAINST 
WOMEN OFFICE (VAWO) FOR PURPOSE OF 
IMPLEMENTING BATTERER INTERVENTION 
PROGRAM FOR POLICE OFFICERS (DOCKET 
NO. 0312) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 03 1 2, message and order autho- 
rizing Police Department to accept and expend a grant 
of $54,889 from the United States Department of Justice, 
Violence Against Women Office (VAWO) for the purpose 
of implementing a batterer intervention program for po- 
lice officers (referred February 25) - recommending pas- 
sage of the order 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $25,000,000 
FROM UNITED STATES DEPARTMENT OF 
JUSTICE FOR REIMBURSEMENT OF SECU- 
RITY EXPENSES FOR 2004 DEMOCRATIC NA- 
TIONAL CONVENTION (DOCKET NO. 0366) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0366, message and order autho- 
rizing the City to accept and expend a grant of $25,000,000 
from the United States Department of Justice for reim- 
bursement of security expenses for the 2004 Democratic 
National Convention (referred March 3) - recommending 
passage of the order 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND SUP- 
PLEMENTAL AWARD OF $108,819 IN THE 
FORM OF A HOMELAND SECURITY GRANT 
FOR THE PURPOSE OF WEAPONS OF MASS 
DESTRUCTION PREPAREDNESS AND RE- 
SPONSE TRAINING AND EXERCISES (DOCK- 
ET NO. 0433) 

Councilor MURPHY, on behalf of the Committee on 
Public Safety, submitted the following: 

Report on Docket No. 0433, message and order au- 
thorizing Police Department to accept and expend a 
supplemental award of $108,819 in the form of a Home- 
land Security Grant for the purpose of weapons of mass 
destruction preparedness and response training and exer- 
cises (referred March 24) - recommending passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING CITY'S AP- 
PLICATION TO MASSACHUSETTS ECONOM- 
IC ASSISTANCE COORDINATING COUN- 
CIL FOR DESIGNATION OF 154 BERKELEY 
STREET (ALSO KNOWN AS 154 BERKELEY 
STREET/350 STUART STREET) SITE AS ECO- 
NOMIC OPPORTUNITY (DOCKET NO. 0479) 



Councilor KELLY on behalf of the Committee on 
Planning & Economic Development, submitted the 
following: 

Report on Docket No. 0479, message and order 
authorizing the City's application to the Massachusetts 
Economic Assistance Coordinating Council for desig- 
nation of the 154 Berkeley Street (also known as 154 
Berkeley Street/350 Stuart Stteet) site as an Economic 
Opportunity Area (referred March 31)- recommending 
passage of the order 

The report was accepted; the order was passed. 



PRESENTATION BY COUNCILOR MURPHY 

Councilor Murphy presented advocates of the Victim 
Witness Advocacy Unit of the Suffolk County District 
Attorney's office with a resolution for their dedication to 
their service and work. 



RESOLUTION RECOGNIZING MANY ADVOCATES 
OF VICTIM WITNESS ADVOCACY UNIT OF 
SUFFOLK COUNTY DISTRICT ATTORNEY'S 
OFFICE ALSO DECLARING APRIL 12TH 
WEEK "VICTEVIS' RIGHTS WEEK" (DOCKET 
NO. 0549) 

On motion of Councilor MURPHY. Docket No. 0549 
was taken out of order 

Councilor MURPHY offered the following: 

Official Resolution of Councilor At-Large, 
Stephen J. Murphy 

Whereas The month of April in 2004 marks the 20th 
Anniversary of Crime Victims' Rights Week; and 

Whereas Crime Victims' Rights Week is celebrated na- 
tionally during the week of April 19th; and 

Whereas The Office of Victim Witness Advocates at 
the Suffolk County District Attorney's office performs 
worthwhile and noble work with victims of violent crime; 
and THEREFORE BE IT 

Resolved that this week of April 1 2th through April 1 9, 
2004 be hereby declared Victims' Rights Week in the City 
of Boston; and BE IT FURTHER 

Resolved that the many advocates of the Victim Wit- 
ness Advocacy unit of the Suffolk County District At- 
torney's Office be recognized for the exceptional service 
they provide to the members of our community who have 
been affected by violent crime. 

On motion of Councilor MURPHY, the resolution 
was adopted. 



ORDER FOR HEARING TO DISCUSS ISSUE OF 
VIOLENT CRIME AT MBTA STATIONS AND 
EXLORE PROPOSALS TO REDUCE VIOLENCE 
WITHOUT VIOLATING CIVIL LIBERTIES OF 
CITY'S RESIDENTS (DOCKET NO. 0540) 

Councilors ARROYO, TURNER, FLAHERTY, 
YANCEY, HENNIGAN and MCDERMOTT offered the 

following: 

WHEREAS: In 2001-2002, four teenage girls were 
kidnapped and raped near the Ashmont MBTA station; 
and 

WHEREAS: November 6th, 2003, a mentally-ill gun- 
man opened fire outside the Dudley Square bus station, 
killing 52-year old Charles Johnson and wounding four 
other people; and 

WHEREAS: November 22nd, 2003, three teenage giris 
were attacked by a man who beat them with a metal baton 
in the concourse between Downtown Crossing and Park 
Street; and 

WHEREAS: February 14th 2004, 15-year-old Shawn 
Adams was fatally stabbed near the Dudley Square bus 



APRIL 14, 2004 



121 



station while taking youths he coached in basicetball to 
a movie; and 

WHEREAS: March 23rd, 2004, 14-year old Kelly Lee 
Johnson was stabbed in the stomach at the Jackson Square 
stop while waiting for the bus to take her to the Timilty 
Middle School in Roxbury, and was rushed to the hospital 
where surgeons removed sections of her liver; and 

WHEREAS: April 8th, 2004, 15-year-old Terrell 
Hodge was fatally stabbed at the Ruggles MBTA station 
by a 17-year-old boy with whom he had been arguing; 
and 

WHEREAS: In addition to these four well-publicized 
recent incidents occurring over the past six months, and 
the Ashmont station incidents of 2001-2002, several addi- 
tional troubling acts of violence have occurred at or near 
MBT A stations over the past few years; and 

WHEREAS: MBTA police, Boston police and the 
City's law enforcement personnel have shown courage 
and competence in apprehending suspects in the majority 
of these cases; and 

WHEREAS: The overwhelming majority of those who 
use MBTA services, including our City's youth, are law- 
abiding and every resident has civil liberties that must be 
protected; and 

WHEREAS: Despite these two realities, the apparently 
increasing frequency of violent incidents at or near Bos- 
ton's MBTA stations reveal a genuine need for the MBTA 
Police Department - in cooperation with other City, State 
and non-profit agencies - to develop and implement a 
comprehensive plan to reduce violence at or near MBTA 
property; Therefore be it 

ORDERED: That the Boston City Council hold a hear- 
ing to discuss the issue of violent crime at MBTA stations 
and explore proposals to reduce violence without violat- 
ing the civil liberties of the City's residents. Representa- 
tives fi-om the MBTA Police, Boston Police Department, 
other relevant City and State agencies and other interested 
parties will be invited. 

Referred to the Committee on Public Safety 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0541) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, May 15, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, August 
20, 2004: 

David F. Murray Secretary 350.00 fiill time 

Passed under suspension of the rules. 



ORDER FOR HEAIUNG TO INVESTIGATE WHETH- 
ER OR NOT NEWLY BUILT OR ALTERED 
STREETS, ROADS OR HIGHWAYS IN CITY 
HAVE RAMPS OR SLOPED AREAS AND SIDE- 
WALKS IN CITY ARE ACCESSIBLE TO INDI- 
VIDUALS WITH DISABILITIES (DOCKET NO. 
0542) 

Councilors YANCEY, MURPHY, ARROYO, HENM- 
GAN and TURNER oflFered the following: 

ORDER TO INVESTIGATE CURB RAMPS AND 
SIDEWALKS IN BOSTON 

WHEREAS: The Americans with Disabilities Act 
(ADA) was enacted by Congress to break down barriers 
to the integrated participation of people with disabilities 
in all aspects of community life; and 

WHEREAS: The ADA requires all public entities to 
install curb ramps at intersections where road construc- 
tion and alterations are done and to ensure that all curbs 
installed after January 26, 1 992, are accessible to and us- 
able by persons with disabilities; and 

WHEREAS: A person with a mobility impairment and 
without access to a curb cut may be simply unable to ac- 
cess the adjoining sidewalk and may be denied any goods 



and services provided in that space; and 

WHEREAS: A report by the U.S. House Education 
and Labor Committee recognized that the employment, 
transportation, and public accommodation sections of the 
Americans with Disabilities Act would be meaningless if 
people who use wheelchairs were not afforded the oppor- 
tunity to travel on and between the streets; and 

WHEREAS: Sidewalks without curb cuts and side- 
walks that are damaged present permanent barriers and 
safety hazards to people with disabilities; and 

WHEREAS: Cities and towns deliver blatant signs 
to disabled individuals that they are not welcome when 
those cities and towns have sidewalks without curb cuts 
and sidewalks that are damaged; and 

WHEREAS: The City of Boston, according to its 
Commission for Persons with Disabilities, has a policy 
of installing curb ramps within 100 feet of a construction 
site or, in some cases, for individual requests; and 

WHEREAS: It is the policy of the City of Boston and 
the State of Massachusetts to oppose discrimination in 
all of its forms and it is the policy of the United States 
Government to prohibit discrimination on the basis of dis- 
ability by public entities; Be It Therefore 

ORDERED: That the Boston City Council hold a pub- 
lic hearing to investigate whether or not newly built or 
altered streets, roads or highways in the City of Boston 
have ramps or sloped areas and that sidewalks in the City 
of Boston are assessable to individuals with disabilities 
as required by the Americans with Disabilities Act; and 
Be it Further 

ORDERED: That the Boston City Council also investi- 
gate new trends and guidelines and whether or not it may 
be appropriate to establish an ongoing procedure for in- 
stalling curb ramps and repairing sidewalks upon request 
in areas frequented by individuals with disabilities; and 
Be it Further 

ORDERED: That members of Boston's Commission 
for Persons with Disabilities, Boston's Public Works De- 
partment, US Access Board, Boston Center for Indepen- 
dent Living, Boston Self Help Center, ABCD Independent 
Living Project, Wellesley College Disability Services, the 
Gustavus Myers Center at Simmons College, the Boston 
University School of Social Work, the Disability Law 
Center, the Jewish Community Relations Council, the 
Institute for Community Inclusion, the Massachusetts Of- 
fice on Disability, the Massachusetts Rehabilitation Com- 
mission, and the general public be invited to attend and 
testify at this hearing. 

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



ORDER FOR HEARING REGARDING FURTHER 
REVIEW OF FIRE SAFETY AND FIRE PRE- 
VENTION REGULATIONS IN CITY (DOCKET 
NO. 0543) 

Councilors MURPHY, TOBIN, FLAHERTY, CON- 
SALVO, KELLY, TURNER, ARROYO, FEENEY, HEN- 
NIGAN, SCAPICCHIO, ROSS, MCDERMOTT and 
YANCEY offered the following: 

ORDER OF COUNCILORS MURPHY, TOBIN, 
FLAHERTY, CONSALVO, KELLY, TURNER, AR- 
ROYO, FEENEY, HENNIGAN, SCAPICCHIO, ROSS, 
MCDERMOTT & YANCEY 

WHEREAS: On February 20, 2003, a horrific fire oc- 
curred at the Station Night Club in Warwick, RI; and 

WHEREAS: The fire at the Station Night Club took 
the lives of 100 people and injured hundreds more; and 

WHEREAS: Due to the particular nature in which this 
fire occurred, many municipal and state fire regulators 
were prompted to review their fire safety regulations; and 

WHEREAS: The City of Boston has led the country 
in fire safety with some of the most stringent fire codes 
in the country; and 

WHEREAS: The similarities between the Station 



122 



CITY COUNCIL 



Night Club fire and the fire this past week at the Sheraton 
Boston Hotel are many; and 

WHEREAS: Hundreds of guests were up in their 
rooms asleep at the Sheraton Boston Hotel when drapery 
in the hotel ballroom caught fire due to the pyrotechnics 
used during a sales conference; and 

WHEREAS: The City of Boston needs to further re- 
view its fire safety and fire prevention regulations to en- 
sure the safety of its citizens, neighbors and visitors; and 
THEREFORE BE IT 

ORDERED: That the appropriate Committee of the 
Boston City Council invite officials and representatives 
from the Boston Fire Department, Boston Inspectional 
Services Department, and hold a hearing regarding the 
further review of fire safety and fire prevention regula- 
tions in the City of Boston. 

Referred to the Committee on Public Safety. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 0544) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 10, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, July 23, 
2004: 

Heather L. Greer Secretary 300.00 part time 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: ADVERTISING ON 
MBTA VEHICLES (DOCKET NO. 0545) 

Councilor MCDERMOTT offered the following: 

WHEREAS: the Massachusetts Bay Transportation 
Authority (MBTA) operates buses and trains that travel 
through college campuses and residential neighborhoods; 
and 

WHEREAS: the MBTA has sold advertising on these 
vehicles to companies that sell alcoholic beverages; and 

WHEREAS: underage and binge drinking continue to 
be problems on college campuses and in our community 
at large. THEREFORE BE IT 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing regarding the adver- 
tising on MBTA vehicles. Representatives of MBTA and 
other interested parties shall be invited to attend. 

Filed in City Council: April 14, 2004 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: SUFFOLK COUNTY 
SHERIFF'S DEPARTMENT, HOUSE OF COR- 
RECTION (DOCBCET NO. 0546) 

Councilor McDERMOTT offered the following: 

ORDERED: That under the provisions of Section 1 7F 
of Chapter 452 of the Acts of 1948 as amended by Section 
1 of Chapter 376 of the Acts of 1 95 1 and under any other 
applicable provision of the law, His Honor, the Mayor is 
hereby requested to obtain and deliver to the City Coun- 
cil, within one week of receipt hereof the following in- 
formation: 

For Suffolk County Sheriffs Department, House of 
Correction and Nashua Street Jail. 

1.) the total amount of money spent on contractual ser- 
vices in FY '04 and FY '05 proposed cuts; 

2.) a breakdown of and description of services pro- 
vided; 

3.) the special credentials of each consultant involved 
in the contract; 



4.) the per diem or hourly compensation rate of each 
consultant; 

5.) references used to obtain contract illustrating how 
the consultant bas successfully executed similar con- 
tracts; 

6.) a description of the impact this contract will have 
on the duties and responsibilities of existing employees; 

7.) will the contracts eliminate any jobs or result in any 
modification of duties? If so, what is the cost benefit of 
these contractual services; 

8.) has the Suffolk County Sheriffs Department negoti- 
ated the effect of these contractual services with the labor 
unions at the House of Correction and the Nashua Street 
Jail? If so, what agreements were reached? 

On motion or Councilor McDERMOTT, the rules 
were suspended; the order was passed. 



RESOLUTION URGING GENERAL COURT TO RE- 
STORE FUNDING IN LINE ITEM 45 1 2-0225 FOR 
MASSACHUSETTS DEPARTMENT OF PUBLIC 
HEALTH FOR EDUCATION, INTERVENTION 
AND TREATMENT FOR COMPULSIVE GAM- 
BLING (DOCKET NO. 0547) 

Councilor MCDERMOTT offered the following: 

WHEREAS: Gambling opportunities for Boston resi- 
dents have increased considerably during the past 1 years 
due to an increase in lottery games with multi-million 
dollar prizes, casino boats in some Massachusetts coastal 
communities, the introduction of simulcast wagering at 
race tracks, more sporting events broadcast on cable TV, 
greater media attention to the stock market, and easy ac- 
cess to internet gambling; and 

^^'HEREAS: The Massachusetts Department of Public 
Health Behavior Risk Factor Surveillance System (2000) 
estimated that 3.2% of the Massachusetts population that 
gambled in the past year experienced gambling-related 
problems. Problems were reported by nearly 8% of people 
aged 65 and older, and by 7% of people between the ages 
of 1 8 and 34; and 

WHEREAS: The Massachusetts Council on Compul- 
sive Gambling provides education, information, advo- 
cacy, and referral services in order to address the societal 
and personal costs of problem gambling and operates a 
confidential 24 hour Helpline (800-426-1234) for those 
seeking help with problem gambling; and 

WHEREAS: In 2003, 10.24% of calls to the Helpline 
came from residents of Boston and nearly 23% of treat- 
ment referrals were made to programs in the Boston area 
(11 agencies offer treatment for problem gambling in 
Massachusetts with one in Boston (Dimock Community 
Health Center in Roxbury)) and others in Quincy and 
Cambridge; and 

WHEREAS: Governor Mitt Romney's recently-re- 
leased House 1 FY05 Budget recommends the elimination 
of funding that addresses the downside of state-supported 
gambling. This funding does not come from general state 
funds, but rather from unclaimed winnings of the Mas- 
sachusetts State Lottery, the most successful lottery in the 
nation, with 4.2 billion in sales in 2002. THEREFORE 
BEIT 

RESOLVED: The Boston City Council urges the Gen- 
eral Court of the Commonwealth of Massachusetts to 
restore the funding in Line Item 4512-0225 for the Mas- 
sachusetts Department of Public Health for education, in- 
tervention, and treatment for compulsive gambling. Since 
this funding was previously reduced fi-om $2,000,000 in 
July 2002 to $654,942 in July 2003, and the proposed re- 
duction to $0 in July 2004 to discontinue the program, the 
Boston City Council urges, at a minimum, that the Gen- 
eral Court act to restore this line item to be. at a minimum, 
level ftinded with $654,942. 

On motion of Councilor MCDERMOTT, the rules 
were suspended; the resolution was adopted. 



APRIL 14, 2004 



123 



ORDER ADOPTING LOCAL OPTION OFFERED IN 
M.G.L C.32, S.2(B) AND M.G.L. C.32, S2(BI/2) 
(DOCKET NO. 0548) 

Councilor HENNIGAN offered the following: 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDER ADOPTING 

THE LOCAL OPTIONS OFFERED IN M.G.L. c. 32, s. 

4{2)(b) and M.G.L. c. 32, s. 4(2)(bI/2) 

WHEREAS, The Boston City Council seeks to adopt 
the provisions of M.G.L. c. 32, s. 4{2)(b) and M.G.L. c. 
32, s. 4(2)(bYz). NOW THEREFORE BE IT 

ORDERED, In accordance with M.G.L. c. 32, s. 
4(2)(b) and M.G.L. c. 32, s. 4(2)(bl/2), the Boston City 
Council, as the municipal legislative body, adopts the pro- 
visions thereof which shall become effective immediately 
upon passage. 

Referred to the Committee on Government Opera- 
tions. 



ORDER SUPPORTING RAISING OF RED, BLACK 
AND GREEN FLAG IN BOSTON DURING 
THIRD WEEK IN JUNE AS SYMBOL OF CEL- 
EBRATION OF JUNETEENTH DAY (DOCKET 
NO. 0550) 

Councilors TURNER, YANCEY and ARROYO of- 
fered the following: 

Resolution Recognizing the Juneteenth Day 
Flag Raising Ceremony 

Whereas, on June 1 9th of 1 865, Major General Gordon 
Granger of the United States Army read General Order 
#3 to the people of Galveston, Texas bringing official en- 
forcement of the Emancipation Proclamation to the State 
of Texas; and 

Whereas, the Emancipation Proclamation stated that 
the Civil War was officially over and that all slaves were 
free but had little practical impact in some states due to 
the lack of Union troops available to enforce the executive 
order and therefore June 1 9th became a day of celebra- 
tion among the African-American community in Texas 
because it commemorated the day on which their emanci- 
pation was finally realized; and 

Whereas, June 19th became commonly known as "Ju- 
neteenth" and the annual celebration of "Juneteenth" has 
spread over the years and is celebrated across the country 
as a day of freedom and emancipation by many in the Af- 
rican-American community; and 

Whereas, the Boston City Council declared on June 
11, 2003 that June 19, 2003 be declared as "Juneteenth 
Day" in the City of Boston; and 

Whereas, the Red, Black, and Green flag of the Uni- 
versal Negro Improvement Association, symbolizing 
African nationhood, has become "the official symbol of 
"Juneteenth Day; and 

Whereas, a request has been sent to the City of Boston 
that the Red, Black, and Green flag be raised alongside 
the flags of the United States and the City of Boston on 
City Hall Plaza this year and subsequent years during the 
third week of June; And Now Therefore Be It 

Resolved, that the City Council supports the raising 
of the Red, Black, and Green Flag in Boston during the 
third week of June as a symbol of the celebration of Ju- 
neteenth Day, the Roxbury Pride Day and the equality of 
all people; and Be It 

Resolved, that June 19th be declared this year 2004 and 
during subsequent years as "Juneteenth Day." 

On motion of Councilor TURNER, tlie rules were 
suspended; the resolution was adopted. 



LATE-FILED MATTERS 

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

No objection being heard, the following matters 
were added: 



ORDER FOR HEARING RE: OXYCONTIN (DOCKET 

NO. 0567) 

Councilors SCAPICCHIO, MCDERMOTT, HEN- 
NIGAN, MURPHY, CONSALVO, ARROYO, KELLY, 
ROSS, TOBIN, TURNER, FLAHERTY and YANCEY 
offered the following: 

WHEREAS: The dangers and deadly consequences of 
Oxycontin and other prescription and illegal drugs con- 
tinue to manifest themselves; and 

WHEREAS: The recent death of one Boston resident 
and apparent overdose of another has focused a spotlight 
on the role of schools in this problem; and 

WHEREAS: The Boston Public Schools were not in- 
volved in the recent 2 instances, but are involved in the 
teaching of the most at risk in our City; and 

WHEREAS: State-sponsored reviews of school drug 
awareness programs have highlighted little to no effect on 
illegal or prescription drug usage; Therefore be it 

ORDERED: That the Boston City Council conduct an 
expeditious hearing to discuss the drug awareness pro- 
grams, particularly the dangers of Oxycontin, currently 
underway in the Boston Public Schools and invite offi- 
cials from the Boston Public Schools, area private and 
parochial schools, Boston Public Health Commission, 
Boston Police Department, students, and other interested 
individuals to testify. 

Referred to the Committee on Education. 



APPOINTMENT OF TEMPORAJIY EMPLOYEE 
(DOCKET NO. 0568) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, April 10, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name imtil Friday, July 2, 
2004: 

Sean Duggan Secretary 555.00 fiill time 

Passed under suspension of the rules. 



ORDER FOR CERTAIN INFORMATION UNDER 
SECTION I7F RE: INVESTIGATION PARKING 
ENFORCEMENT (DOCKET NO. 0569) 

Councilors ARROYO and HENNIGAN offered the 
following: 

ORDERED: That, under the provisions of Section 17F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der 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: 

Any written report, and any and all written documents, 
relating to the "month-long investigation" of the City of 
Boston parking enforcement office and the related park- 
ing ticket fixing scandal, which was recently reported on 
by local news media. 

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



ORDER FOR HEARING RE: RESIDENT PARKING 
PERMITS (DOCKET NO. 0570) 



124 



CITY COUNCIL 



Councilors SCAPICCHIO, ROSS and MCDERMOTT 
offered the following: 

WHEREAS, The Boston Transportation Department 
("BTD"), without seeking input from the Boston City 
Councilor the residents of the City of Boston, extended 
the life of residential parking permits/stickers from one 
(1) year to three (3) years in order to save money by re- 
ducing the number of transactions for renewal in order to 
reduce the program's administrative costs; and 

WHEREAS, Prior to the extension from one (1) to 
three (3) years, residents often could not (and still cannot) 
find on-street parking for a number of reasons including 
the oversubscription of the resident parking program; in 
some cases permits outnumber parking spaces by a ratio 
greater than 4-to-l; and 

WHEREAS, Since some of the neighborhoods with 
the greatest density are the most transient neighborhoods, 
it is likely that a current legal permit holder could move 
out of the neighborhood (or move out of the City of Bos- 
ton) during or after Year 1 of the permit but continue to 
park with a valid-appearing sticker throughout Year 2 and 
Year 3; this process, over time, will displace the parking 
spaces available for current residents because former 
residents will park in the neighborhood for commuting, 
visiting, or shopping purposes; this could occur for up 
to three (3) years thereby transforming resident parking 
permits into visitor parking permits or commuter parking 
permits; and 

WHEREAS, It is worth noting that applications for 
resident permits require all parking tickets to be paid, and 
this mechanism assists the Office of the Parking Clerk 
in clearing backlogs, but the extension will decrease the 
associated systematic clearing of the backlog fi-om once 
every year to once every three (3) years which will allow 
the backlog to grow; and 

WHEREAS, It is also worth noting that this change 
may encourage individuals to temporarily register a motor 
vehicle in the City of Boston in order to obtain a parking 
sticker and then re-register the motor vehicle outside of 
the City of Boston in order to secure a three-year parking 
permit; and 

WHEREAS, The sole method for catching illegal use 
of a valid parking permit is for BTD enforcement officers 
to run the license plate of each and every car with a valid 
parking permit, an impossible task; and 

WHEREAS, Although the policy change for resident 
parking permits is still in its early stages and the realized 
impacts will be few due to the brief period of implemen- 
tation, the potential impacts and the inevitable impacts of 
the extended life of the parking permits must be acknowl- 
edged, examined, and addressed. NOW THEREFORE BE 
IT 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to examine the vari- 
ous realized, potential, and inevitable impacts of extend- 
ing the term of resident parking permits from one ( 1 ) year 
to three (3) years. Representatives fi^om the Transporta- 
tion Department, the Police Department, the Public Works 
Department, the Law Department, the Boston Redevelop- 
ment Authority, neighborhood and civic associations, and 
other interested parties shall be invited to attend. 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDERAPPROVrNGAPPROPRIATIONOF$l,000,000 
FROM INCOME OF GEORGE R PARKMAN 
FUND FOR MAINTENANCE AND IMPROVE- 
MENT OF BOSTON COMMON AND PARKS 
(DOCKET NO. 0309) 

Councilor Consalvo called Docket No. 0309 from the 
Committee on City and Neighborhood Services. 

Hearing no objection, the matter was before the body. 

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



STATEMENT OF COUNCILOR SCAPICCHIO 

Having unanimous consent to do so. Councilor 
SCAPICCHIO wanted to express his gratitude to his col- 
leagues for their sympathy with the loss of his father-in- 
law Patrick Murray who will be deeply missed. 



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 Consalvo: Congratulating the 54th Mass 
Volunteer Infantry Co. Inc. (Docket No. 0551). 

Councilor Kelly: Congratulating Mary Skinner (Dock- 
et No. 0552). 

Councilor Feeney: Honoring Gerry Johnson (Docket 
No. 0553). 

Councilors Arroyo and Turner: Congratulating the 
March to Abolish Poverty (Docket No. 0554). 

Councilors Hermigan and Scapicchio: Congratulating 
Mark M. Higgins (Docket No. 0555). 

Councilor Feeney: Congratulating Officer Paul John- 
ston (Docket No. 0556). 

Councilors Arroyo and Hermigan: Honoring and de- 
claring the week of February 15, 2004 "LULAC Week" 
(Docket No. 0557). 

Councilor Yancey: Congratulating Boston Missionary 
Baptist Church and Members (Docket No. 0558); Con- 
gratulating Lucien Fequire (Docket No. 0559). 

Councilor Arroyo: Congratulating Anna Wanders 
(Docket No. 0560). 

Councilor Yancey: Congratulating the 2004 Debutante 
Cotillion and Beautillion Grande Militaire Rites of Pas- 
sage (Docket No. 0561); Honoring Mighty Sparrow: the 
World's Calypso King (Docket No. 0562). 

Councilor Flaherty: Congratulating Joe Bagley (Dock- 
et No. 0563). 

Councilor Consalvo: Congratulating Henry Latortue 
(Docket No. 0564); CongraUilating Juslaine Latortue 
(Docket No. 0565). 

Councilor Ross: Congratulating Children's Hemiple- 
gia and Stroke Association (Docket No. 0566). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, we adjourn in memory of Councilor Fee- 
ney's aunt, Mary Williams, John Woods, Patricia Leahy, 
Joe Bagley, Terree Hodge, Darrell Crockett, to meet again 
on Wednesday, April 28, 2004 at 1 1 :30 a.m. 

The motion was carried. 

Adjourned at 2:10 p.m., on motion of the Chair, to 
meet again on Wednesday, April 28, 2004 at 1 1 :30 a.m. 



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



CITY COUNCIL 



125 



CITY OF BOSTON 



Proceedings of City Council 



On motion of Councilor TOBIN, the rules were sus- 
pended; the order was passed; yeas 9, nays 3. 

Yeas - Councilors Consalvo, Feeney, Flaherty, Kelly, 
McDermott, Murphy, Ross, Scapicchio, Tobin - 9. 
Nays - Councilors Arroyo, Turner, Yancey - 3. 



Wednesday, April 28, 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1 :45 
a.m., President Flaherty in the Chair 



INVOCATION 



Reverend William E. Dickerson, II, Greater Love Tab- 
ernacle, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR CONSALVO 

Councilor CONSALVO presented a resolution to Ser- 
geant Jason Bennett who just returned from a year's tour 
of service in Iraq. 



VISITORS OF CITY COUNCIL 

Councilor CONSALVO also welcomed the kindergar- 
ten class of the Boston Children's School. 



ORDER AUTHORIZING CULTURAL AFFAIRS DE- 
PARTMENT TO ACCEPT AND EXPEND A 
GRANT OF $11 5,000 FROM MASSACHUSETTS 
CULTURAL COUNCIL, FUNDS WILL BE TAR- 
GETED TO SUPPORT YEAR-ROUND CULTUR- 
AL PROGRAMMING AGENDAS OF BOSTON, 
CULTURAL AND EDUCATIONAL ORGANIZA- 
TIONS (DOCKET NO. 057 1 ) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 7, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order to ac- 
cept and expend a grant from the Massachusetts Cultural 
Council in the amount of $1 15,000. These funds will be 
used to support year-round cultural programming agen- 
das of Boston cultural and educational organizations in- 
cluding the reimbursement of schools and youth groups 
for tickets to Boston performances and professional de- 
velopment to maximize the impact of the City's efforts to 
improve the cultural life of Boston residents. 

I urge your Honorable Body to adopt this Order expe- 
ditiously so that the funds may be expended for the pur- 
pose for which they were granted. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to the provisions of section 
53 A of chapter 44 of the Massachusetts General Laws, the 
City of Boston, acting by and through the Office of Cul- 
tural Affairs, be, and hereby is authorized to accept and 
expend a grant from the Massachusetts Cultural Council 
in an amount not to exceed ONE HUNDRED FIFTEEN 
THOUSAND DOLLARS ($115,000). The funds will be 
targeted to support year-round programming agendas of 
Boston cultural and educational organizations. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $3,500,000 FROM VARI- 
OUS GOVERNMENT AGENCIES, INCLUDING 
FEMA AS REIMBURSEMENT FOR STORM- 
RELATED, EMERGENCY RESPONSE AND OR- 
ANGE ALERT EXPENSES (0572) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an order to accept and expend an 
amount not to exceed $3,500,000 from various govern- 
ment agencies, including FEMA, as reimbursement for 
storm related expenses, and increased overtime costs for 
emergency response and orange alert periods. 
I respectfully request your support of this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Bostoa 



ORDERED: That the City of Boston be and hereby is 
authorized, pursuant to M.G.L. C.44, S.53A, to accept and 
expend an amount not to exceed THREE MILLION FIVE 
HUNDRED THOUSAND DOLLARS ($3,500,000) from 
various government agencies, including FEMA, as reim- 
bursement for storm related, emergency response, and 
orange alert expenses. 

Referred to the Committee on Public Safety. 



ORDER APPROVING TRANSFER OF 242 SQUARE 
FEET OF SURFACE RIGHTS UNDER CONTROL 
OF PUBLIC IMPROVEMENT COMMISSION 
(PLC.) FROM PURPOSE OF DISCONTINUED 
STREET PARCEL TO SALE PARCEL AND AU- 
THORIZING SALE OF SUCH SURFACE RIGHTS 
LOCATED ON SOUTHAMPTON STREET, BOS- 
TON PROPER (DOCKET NO. 0573) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring 242 square feet of surface rights under the con- 
trol of the Public Improvement Commission (PLC.) from 
purpose of discontinued street parcel to sale parcel and 
authorizing the sale of such surface rights located on 
Southampton Street, Boston Proper 

That portion of Southampton Street shown on a plan 
of land entitled "City of Boston, Public Works Depart- 
ment, Engineering Division, Discontinuance Plan, South- 
ampton Street, Boston Proper" was discontinued by vote 
of the PLC. on February 26, 2004. The PLC. has deter- 
mined that these surface rights are no longer needed for 
highway purposes. This Order also provides for the sale 
of the parcel. 

I urge your Honorable Body to approve this Order 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



126 



CITY COUNCIL 



ORDERED: That pursuant to M.G.L. c. 40, § 15 A, 
that portion of Southampton Street, discontinued by 
vote of the Public Improvement Commission on Febru- 
ary 26, 2004, and shown on a plan of land entitled "City 
of Boston, Public Works Department, Engineering Divi- 
sion, Discontinuance Plan, Southampton Street, Boston 
Proper," shall be, and the same hereby is, transferred from 
purpose of discontinued street parcel to sale parcel. 

IT IS FURTHER ORDERED; That the Mayor, acting 
on behalf of the Public Improvement Commission and 
pursuant to the authority granted to him under St. 1948, 
c. 452 § 17E, as amended by St. 1966 c. 642, § 14, be, 
and is hereby authorized to convey said surface rights by 
a Release Deed, in form satisfactory to the Corporation 
Counsel, those portions of Southampton Street discontin- 
ued by vote of the Public Improvement Commission on 
February 26, 2004, and shown on a plan of land entitled 
"City of Boston, Public Works Department, Engineering 
Division, Discontinuance Plan, Southampton Street, Bos- 
ton Proper." 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF THEIR 
BONDS FOR PERIOD COMMENCING MAY 1, 
2004 AND ENDING APRIL 30, 2007 (DOCKET 
NO. 0574) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 5, 2004 
To The City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the at- 
tached order as Constables of the City of Boston, autho- 
rized to serve civil process upon filing of bond, for the 
period commencing May 1, 2004 and ending April 30, 
2007. 

Sincerely, 

Thomas M. Menino, 
Mayor of Bostoa 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston autho- 
rized to serve civil process upon filing of bond for the 
period commencing May 1, 2004 and ending April 30, 
2007 be and the same hereby is approved. 

2004-2007 

Renewal Constable Applications List 

Recommended Approval 

The following recommendations for approved are re- 
newal applicants. 

George Adjemian 06/29/62 70 Peter Pariey Rd. Ja- 
maica Plain 02130 

Paul A. Allosso, Jr. 05/22/58 3 Crossland PI. Brighton 
02135 

Carroll Allston 04/09/47 72 Waumbeck St. Dorchester 
02120 

Robert Almond 12/07/67 151 Tremont St. Boston 
02111 

James W. Anderson 09/27/44 39 Train St. Dorchester 
02122 

Patrick Bailey 05/23/68 33 Aspinwall St. Dorchester 
02121 

Lizzie M. Baker 09/26/49 23 Rosseter St. Dorchester 
02121 

Paul R. Baker 12/21/53 19 Regis Road Mattapan 
02126 

Janet Riley- Balsetra 08/25/56 171 Emerson St. South 



Boston 02127 

Salvatore R. Bartolo 02/18/48 305 North St. Boston 
02113 

Bernard Beaubrun 09/1 1/74 142 Margaretta Dr. Hyde 
Park 02136 

Barbara Bedugnis 10/20/62 338 Beech St. Roslindale 
02131 

David G. Bedugnis, Sr. 08/07/61 338 Beech St. Roslin- 
dale 02131 

John J. Beggan 02/05/62 482 East Eighth St. South 
Boston 02127 

David E. Boudreau 03/18/62 107 Arlington St Hyde 
Park 02136 

Jean P Brazier 04/06/78 991 Hyde Park Ave. Hyde 
Park 02136 

James R. Brewer 10109/58 5 Whiting St. Roxbury 
02119 

Thomas M. Brown 06/1 1/26 64 Bradfield Ave. Roslin- 
dale 02131 

James E Burke 08/23/61 59 Chehnsford St. Dorchester 
02122 

John T. Burke 07/21/41 14 Leverett Ave. East Boston 
02128 

Diane M. Butler 09/30/58 38 Casper St. West Roxbury 
02132 

Joseph Butler 07/24/57 38 Casper St. West Roxbury 
02132 

John Cammarata 12/27/38 29 Charter St. Boston 
02113 

Vincent J. Carbone 09/25/45 542 Commercial St. Bos- 
ton 02109 

Russell C. Castagna 09/16/52 783 East 6th St. South 
Boston 02127 

Rolflyn Cazeau 01/18/70 44 Bowdoin Ave. Dorchester 
02121 

Mel R. Cheeks 07/14/61 33 Gleason St. Dorchester 
02121 

Willie E. Chester 10/18/34 85 Howard Ave. Dorchester 
02125 

Carmen Ciampi 04/04/58 100 Leyden St. East Boston 
02128 

Janet Colon-Williams 03/25/67 7 Robin Hood St. 
Dorchester 02125 

John G. Consolo 09/19/47 262 EastEagel St. East Bos- 
ton 02128 

Antonio G. Correia 02/11/57 20 Dix St. Dorchester 
02122 

Edward J. Cronin 05/13/67 16 Lyall St. West Roxbury 
02132 

Luis M. Cruz 09/08/48 1 1 Woodcliff St. Dorchester 
02125 

Allen A. Curry 02/21/50 49 Woodbine St. Roxbury 
02119 

James J. Darby 02/06/56 37 Aspinwall Rd. Dorchester 
02124 

Francis R. Davis 08/01/33 24 St Margaret St. Dorches- 
ter 02125 

Joseph Digirolamo 04/09/38 1215 Bennington St. East 
Boston 02128 

John P Dinatale 09/25/52 20 Midvale Road West Rox- 
bury 02132 

James L. DoUiver 08/26/50 27 Robin St. West Roxbury 
02132 

William A. Doninger 02/24/48 154 Belgrade Ave. 
Roslindale 02131 

Alan G. Duffy 06/07/40 1 1 Samoset St. Dorchester 
02124 

John T Fasanello 08/08/47 19 Basto Terr. Roslindale 
02131 

Mark C. Gaisford 12/21/50 21 Midvale Rd. West Rox- 
bury 02132 

Peter J. Gallimore 07/1 9/68 2 1 Kenberma Rd. Dorches- 
ter 02 124 

Barry Gaughran 04/28/63 1440 V.EW. Pkwy West 
Roxbury 02132 

Christopher M. Gilmore 08/13/63 96 Farquhar St. 
Roslindale 02131 

Charles V Grille 07/12/74 1531 Centre St. Roslindale 
02131 



APRIL 28, 2004 



127 



Richard Haddad 10/22/39 21 Ardale St. Roslindale 
02131 

Timothy J. Hadley 03/07/70 59 Warren St. Charles- 
town 02129 

Eugene W. Hamilton 03/14/67 1409 River St., # 22 
Hyde Park 02136 

Douglas D. Hansen 01/1 1/74 10 Jamaica Way Jamaica 
Plain 02130 

Henderson T. Headley 09/05/56 60 Alabama St. Mat- 
tapan02126 

Keith S. Hershenson 10/19/67 52 Emmonsdale Rd. 
West Roxbury 02132 

George L. Hodges 05/17/57 108 Deforest St. Roslin- 
dale 02131 

Alrick M. Humber 051 10/68 42 Hiawatha Rd. Matta- 
pan 02 1 26 

Joel B. Hurwitz 04112/34 1334 Commonwealth Ave. 
AUston 02134 

William D. Jackson 10/24/53 64 Thatcher St. Hyde 
Park 02136 

Michael J. Janus 08/01 149 39 Keystone St. West Rox- 
bury 02132 

Gerard O. Jodrey 08/27/43 1 Denvonshire PI. Boston 
02109 

David A. Johnson 08/13/59 51 Rexford St., # 1 Mat- 
tapan 02 1 26 

William G. Joyce 121 16/54 195 Stimson St. West Rox- 
bury 02132 

Derick D. Joyner 04/13/74 10 Meadowbank Ave. Mat- 
tapan 02126 

Marie A. Kashmanian 01/23/41 215 Savin Hll Ave. 
Dorchester 02 125 

Christopher J. Kelley 09/02/49 1531 Center St. Roslin- 
dale 02131 

William Kilgoe, Jr. 09/26/73 42 Cunard St. Roxbury 
02120 

Thomas C. Kitas 06/01/68 37 Cedrus Ave. Roslindale 
02131 

Frank A. Kravitsky 09/23/38 25 Furbush Rd. West 
Roxbury 02132 

Mark J. Kravitsky 12/29/62 25 Furbush Rd. West Rox- 
bury 02132 

Whitney V Laroche 08/14/67 27 Monponset St. Mat- 
tapan 02126 

Robert E. Lee 06/23/59 470 E. Eighth St. South Bos- 
ton 02127 

Keith Locario 09/27/58 24 Mallard Ave. Dorchester 
02124 

Daniel E Long 08/07/54 33 Bateman St. Roslindale 
02131 

Denise C. Long 09/19/51 33 Bateman St. Roslindale 
02131 

Jay Lowenstin 03/07/59 313 Lewis Wharf Boston 
02110 

Juan J. Machado-Rios 12/06/66 9 Walkhill St. Jamaica 
Plain 02130 

Burton Malkofsky 07/13/46 549 East Forth St. South 
Boston 02127 

Steven E. Malloy 01/25/66 76 Cedar St. Roxbury 
02119 

Sandra T. Malloy-Blake 02/21/52 4 Cleveland St. Rox- 
bury 021 19 

Brian J. Manganello 03/15/70 237 Marion St. East 
Boston 02128 

Vincent J. Manganello 06/12/28 237 Marion St. East 
Boston 02128 

Michael Manning 07/3 1/50 30 Emerson St. South Bos- 
ton 02127 

Robert J. Manning 12/28/53 1 18 Elmer Rd. Dorchester 
02122 

Juaquin C. Marchando 02/03/57 174 Franklin St. 
Allston 02134 

Charies C. Mba 12/25/59 743 Beechmont St. Hyde 
Park 02136 

James J. McCarthy 04/15/58 4292 Washington St. 
Roslindale 02131 

Kevin R McGrail 02/23/59 97 Sunnyside St. Hyde 
Park 02136 

Richard E. McKeen 10/17/31 47 Franconia St. 



Dorchester 02122 

William F McKeen, Sr. 03/08/57 21 Train St. Dorches- 
ter 02122 

Daniel A. McLaughlin 07/23/50 6 Saxton St. Dorches- 
ter 02125 

Thomas McNair, Jr. 1 1/28/51 19 Floyd St. Dorchester 
02121 

John E McQuaid 02/13/68 56 Selwyn St. Roslindale 
02131 

David E. Melvin 02/01/42 1553 Blue Hill Ave. Mat- 
tapan 02126 

Robert J. Messina 11/27/41 707 E. Sixth St. South 
Boston 02127 

Stephen R Miller 10/30/79 163 H St. South Boston 
02127 

Marvin D. Minor 03/07/54 32 Woolson St. Mattapan 
02126 

Arthur E. Montgomery 07/22/54 88 Gould St. West 
Roxbury 02132 

Derek W Morrison 04/07/70 31 Mckone St. Dorches- 
ter 02122 

Suzanne M. Morrison 08/18/72 31 Mckone St. 
Dorchester 02122 

Angel M. Nazario 04/15/70 43 Sanford St. Mattapan 
02126 

John F Nee 05/11/33 376-112 Dorchester St. South 
Boston 02127 

Lawrence P Neves 10/12/47 40 Westwind Rd. Boston 
02125 

Robert F O'Sullivan, Jr. 02/18/49 25 Denny St. 
Dorchester 02125 

Andres Otero 06/10/62 26 Grady Ct., # 257 East Bos- 
ton 02128 

Juan C. Pena 05/21/73 8 Buckley Ave. Jamaica Plain 
02130 

Frank A. Porter 01/05/53 8 North Ave. Roxbury 
02119 

Aybur Rahman 12/31/59 251 Cambridge St. Allston 
02134 

Franklin Redd 06/29/54 21 Kenilworth St. Roxbury 
02119 

Antonio N. Reese 12/12/65 91 Belnel Rd. Hyde Park 
02136 

George N. Reese 09/16/42 26 Monponset St. Hyde 
Park 02136 

Ronny E. Reinford-Pack 08/09/66 93 Lawrence Ave. 
Dorchester 02121 

John J. Roscoe 04/16/39 4975 Washington St. West 
Roxbury 02132 

Kevin W. Sanderfer 03/07/69 4 Attelwold St. Boston 
02124 

Vidal Santiago 04/28/40 700 Parker St., # D-4 Rox- 
bury 02120 

Carolyn S. Small- Jones 11/16/64 97 Hazelton St. Mat- 
tapan 02126 

Arthur Smith 07/08/38 9 Jamaica Way Ct. Jamaica 
Plain 02130 

Joseph M. Smith 02/08/65 183 Leyden St. East Boston 
02128 

Wilfred R Suozzo 04/16/49 651 Bennington St. East 
Boston 02128 

Yves Sydney 01/20/68 107 Lonsdale St. Dorchester 
02124 

Frank J. Sylvester 12/21/40 141 Ormond St. Mattapan 
02126 

Kindreth Taylor 02/1 5/53 193 Sycamore St. Roslindale 
02131 

Johnny Toussaint 10/15/71 93 River St. Mattapan 
02126 

Albert B. Tranquillino, Sr 03/09/38 1 12 Prince St. Bos- 
ton 021 13 

Robert Tyszkowski 05/26/61 133 Sherman Rd. West 
Roxbury 02132 

Gerald D. Vaughan 10/05/58 11 Roxana St. Hyde Park 
02136 

Marcia S. Weisman 05/28/50 130 Nonantum St. Brigh- 
ton 02135 

Patrick W. Whelen 07/08/67 132 Summit St. Hyde 
Park 02136 



128 



CITY COUNCIL 



James E. White 01128/68 112 Norfolk St. Dorchester 
02124 

Elijah A. Wigon 1 1/29/26 722 Lagrange St. West Rox- 
bury 02132 

William B. Wilder 06/21/43 41 Union Ave. Jamaica 
Plain 02130 

Albert L. Williams 04/11/39 9 Rockwell St. Dorches- 
ter 02124 

Gregory L. Williams 11/14/75 420 Talbot Ave. 
Dorchester 02126 

Ronald J. Williams 02/09/67 7 Robin Hood St. Boston 
02125 

Moses E. Wilson, Jr. 07/02/48 52 Withington St. 
Dorchester 02 124 

Derek S. Wright 01/17/68 11 Whitman St. Dorchester 
02124 

Anthony E Zollo, Jr. 04/02/50 40 Como Rd. Readville 
02136 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF THEIR 
BONDS FOR PERIOD COMMENCING MAY 1, 
2004 AND ENDING APRIL 30, 2007 (DOCKET 
NO. 0575) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 5, 2004 
To The City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the at- 
tached order as Constables of the City of Boston, autho- 
rized to serve civil process upon filing of bond, for the 
period commencing May 1, 2004 and ending April 30, 
2007. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston autho- 
rized to serve civil process upon filing of bond for the 
period commencing May 1, 2004 and ending April 30, 
2007 be and the same hereby is approved. 

2004-2007 

New Constable Application List Recommended Ap- 
provals 

The following recommendations for approval are new 
applicants. 

Santos F Alves 2/6/79 45 Bakersfield St. Dorchester 
02125 

Sandra Cooper 6/8/49 1 Terrace St. Roxbury 02120 

Deborah M. Digirolamo 11/16/58 821 Saratoga St. 
East Boston 02128 

John R Direeno 1 1/7/55 761 E. Sixth St. South Boston 
02127 

Kenneth i. Dorsey 11/7/55 16 Marmion St. Jamaica 
Plain 02130 

Thomas J. Ford 9114/53 2 Starbird Ave. Roslindale 
02131 

Tyrone A. Grant 114/66 97 Elm Hill Ave. Dorchester 
02121 

Paul lantosca 12/4/67 14 Ashley St. Jamaica Plain 
02130 

Steven A. Johns 10/16/71 372 Park St. Dorchester 
02124 

Peter F. Kenny 11/13/73 141 Welles Ave. Dorchester 
02121 

Joseph G. Kirby 1/26/75 865 American Legion Hwy. 
Roslindale 02131 



Vanessa A. Larocque 10/16/73 6 Weldon St. Dorches- 
ter 02121 

Matthew W Lyden 1 16/78 77 Hamilton St. Hyde Park 
02136 

Josue J. Mecene 12/2/80 10 Arbutus St. Dorchester 
02124 

Schyler L. Redd 6/22/85 21 Kenilworth St. Roxbury 
02119 

Hudson Severe 2/17/76 415 River St. Mattapan 02126 

James R. Sostek 1/31/49 88 Moore St. East Boston 
02128 

Albert B. Tranquillino, Jr. 1/24/78 1 12 Prince St, Bos- 
ton 021 13 

Christopher P Waites 9/21/59 79 Webster St. East Bos- 
ton 02128 

Stanley Walker, Jr. 8/10/48 16 Fowler St. Dorchester 
02121 

Richard S. Watkins 6/3/43 20 Darlington St. Dorches- 
ter 02 124 

Mark P Weisburg 6110/53 8 Ledgedale Rd. Boston 
02131 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILfNG OF THEIR 
BONDS FOR PERIOD COMMENCING MAY 1, 
2004 AND ENDING APRIL 30, 2007 (DOCKET 
NO. 0576) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 5, 2004 
To The City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the at- 
tached order as Constables of the City of Boston, autho- 
rized to serve civil process upon filing of bond, for the 
period commencing May 1, 2004 and ending April 30, 
2007. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston autho- 
rized to serve civil process upon filing of bond for the 
period commencing May 1, 2004 and ending April 30, 
2007 be and the same hereby is approved. 

2004-2007 

Renewal Constable Applications List 

Recommended Approval 

The following recommendation for approval are re- 
newal applicants fi-om the Inspectional Service Depart- 
ment. 

Indira Alvarez 2/8173 123 Howland st. Dorchester 
02121 

Leo C. Boucher, Jr. 4/6178 991 Hyde Park Ave. Hyde 
Park 02136 

James R Buttiglieri 7/28/53 56 Beechview St. East 
Boston 02128 

Francis Cappuccio 11/17/51 838 E. Second St. South 
Boston 02127 

Sheila J. Cavaleri 11/7/65 1632 Dorchester Ave. 
Dorchester 02122 

Robert Chan 6/5/56 12 Ryder Hill Rd. Brighton 
02135 

Lesley S. Christos 1/29/58 28 Brier Rd. West Roxbury 
02132 

John J. Connors 9/30/38 50 Tremont St. Charlestown 



APRIL 28, 2004 



129 



02129 

Carol M. Conroy 5/29/67 25 Manor St. Dorchester 
02122 

Patrick Conroy 1/15/65 25 Manor St. Dorchester 
02122 

Alfonso Denson 9/15/43 26 Sedgewick St. Jamaica 
Plain 02130 

Joseph R. Donate 10/15/43 110 Russel St. Peabody 
01960 

William Grady 1/3/51 3 Sussex St. Boston 02120 

Jason R. Grant 6/17/74 121 Highcrest Rd. West Rox- 
bury 02131 

Joshua Handley 8/30/74 1000 Harvard St. Mattapan 
02126 

Regina M. Hanson 6/12/65 89 Bennet St. Brighton 
02135 

James T. Holmes, Jr. 2/27/45 83 Hollingsworth St. 
Mattapan 02126 

Raoul Jacques 6/20/57 65 Tyler St. Hyde Park 02136 

Melvin Johnson 2/8/73 688 Walk Hill St. Mattapan 
02126 

Iris Jones 9/15/62 6 Haley St. Boston 021 19 

Edward M. Kennedy 10/5/62 875 E Second St. South 
Boston 02127 

Peter F. Kenny 11/13/73 141 Welles Ave, Dorhcester 
02124 

Evangelin Maxwell-Davis 11/13/65 102 Talbot Ave. 
Dorchester 02124 

Christopher McNally 7/13/62 20 Woodbrier Rd. West 
Roxbury 02132 

Paul Nally, Jr. 10/6/70 21 Port Norfolk Dorchester 
02122 

Steven G. O'Donnell 2/26/54 135 Concord St. Rock- 
land 02370 

Brian Oliveri 4/7/64 468 Shawmut Ave. Boston 021 18 

John Powers 1/4/44 31 Guinnett St. Hyde Park 02136 

Leonard Puccia 3/5/47 6 Rendall Road West Roxbury 
02132 

Julia Scott 9/27/64 13 Shirley St. Roxbury 021 19 

Michael Slavin 1/27/56 3923 Washington St. Roslin- 
dale 02131 

Yolanda Thomas 9/26/69 130 Dartmouth St. Boston 
02116 

Paula Titus 8/4/48 79 Fort Ave. Roxbury 02 1 1 9 

Jack E. Tracy 7/8/52 30 Northboume Rd. Jamaica 
Plain 02130 

Terrance Yancey 12/7/48 73 Dale St. Roxbury 021 19 

Referred to the Committee on Government Opera- 
tions. 



ORDER TO FACILITATE DISPOSITION AND REDE- 
VELOPMENT OF A, B, C, D AND I BUILDING 
LOCATED AT FORMER BOSTON SPECIALTY 
AND REHABILITATION HOSPITAL IN MATTA- 
PAN (DOCKET NO. 0577) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 9, 2004 
To The City Council 
Dear Councilors; 

I transmit herewith for your approval an Order to fa- 
cilitate the disposition and redevelopment of the A, B, C, 
D and I Buildings, located at the former Boston Specialty 
and Rehabilitation Hospital in Mattapan. 

Rehabilitation of these buildings will produce a total 
of 83 affordable housing imits. As this housing is sorely 
needed and has strong community support, I urge your 
Honorable Body to adopt this Order at the earliest pos- 
sible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



CITY OF BOSTON 
fN THE YEAR 2004 

BOSTON SPECIALTY AND REHABILITATION 
HOSPITAL CONVEYANCE 

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

WTiereas, the Boston Public Health Commission 
("Commission") was created by Chapter 147 of the Acts 
of 1995; and 

Whereas, the Commission has developed a reuse plan 
for the A, B, C, D, and I Buildings located at the former 
Boston Specialty and Rehabilitation Hospital Campus 
("Campus") in Mattapan, based upon the report of the 
Mattapan Community Advisory Board to Mayor Thomas 
M. Menino and the Commission dated November 1999; 
and 

Whereas, the Commission has determined that the 
highest and best use for the A, B, C, D and I Buildings is 
their rehabilitation into mixed income housing facilities, 
with financing which will include the low income hous- 
ing tax credit program and the historic tax credit program, 
and, with the approval of the Boston Redevelopment Au- 
thority, redevelopment under the provisions of M.G.L. 
Chapter 121 A; and 

Whereas, a development team led by Trinity Finan- 
cial, Inc. was selected by the Commission pursuant to a 
request for proposals issued by the Commission and the 
Boston Redevelopment Authority; and 

Whereas, ownership of the A, B, C, D and 1 Buildings 
and a long term lease of the surrounding land is required 
in order to secure affordable housing funds, including the 
low income housing tax credit program; and 

Whereas, any lease or conveyance of real property 
by the Commission, other than in the ordinary course of 
business, requires approval of the City Council and the 
Mayor under the provisions of Chapter 147 of the Acts of 
1995 and Chapter 486 of the Acts of 1909. 

Therefore, be it ordered that: 

Pursuant to the provisions of Chapter 147 of the Acts 
of 1995 and Chapter 486 of the Acts of 1909, the City 
Coimcil hereby approves (a) the conveyance by the Bos- 
ton Public Health Commission (the "PHC") to BPHC 
Mattapan Development Corp., Inc. ("BPHC"), an affiliate 
of the PHC, of the A, B, C, D, and I Buildings located at 
the former Boston Specialty and Rehabilitation Hospital 
Campus in Mattapan and surrounding land, approximately 
as shown on the plan attached hereto, together with such 
easements as may be necessary or appropriate for the 
redevelopment of said buildings, (b) the conveyance by 
BPHC of fee title to the A, B, C, D and I Buildings to Trin- 
ity Mattapan Heights Limited Partnership, a Massachu- 
setts limited partnership organized by Trinity Financial, 
Inc. under the provisions of M.G.L. Chapter 121A and 
approved by BPHC to undertake the project (the "Partner- 
ship"), and (c) the entry by BPHC into a long term ground 
lease with the Partnership of the land surrounding the A, 
B, C, D and I Buildings and access thereto, approximately 
as shown on the plan attached hereto, and easements with 
each of the Partnership and other parties holding interests 
in the Campus, each of the foregoing conveyances being 
for nominal consideration (or, as to the conveyances to 
the Partnership, such consideration as may be required 
to maximize low income housing tax credits and historic 
tax credits for the redevelopment), in recognition of the 
public purpose being served by the creation of afford- 
able housing and in recognition of the restrictions as to 
affordability of the redevelopment under the provisions of 
the low income tax credit program and the provisions of 
M.G.L. Chapter 121 A. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER FOR APPROVAL OF CYNTHIA KELIHER 
TO BOARD OF DIRECTORS OF BOSTON IN- 



130 



CITY COUNCIL 



DUSTRIAL DEVELOPMENT FINANCING AU- 
THORITY FOR TERM EXPIRING APRIL 1 , 2009 
(DOCKET NO. 0578) 

The following was received: 

City Of Boston 
Office of the Mayor 

April 14, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, pursuant to G. L. 
c. 40D, §3, an order approving the appointment of Cyn- 
thia Keliher of 7 Durham Street, Boston Massachusetts to 
the Board of Directors of the Boston Industrial Develop- 
ment Financing Authority. 

I urge your Honorable Body to pass this order at the 
earliest possible date so that Ms. Keliher can commence 
her duties on the Board. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, pursuant to the provisions of section 
3 of chapter 40D of the Massachusetts General Laws, the 
appointment of Cynthia B. Keliher of 7 Durham Street, 
Boston, to the Board of Directors of the Boston Industrial 
Development Financing Authority for a term to expire 
April 1 , 2009, be and the same hereby is approved. 

Referred to the Committee on Planning and 
Economic Development. 



ORDER FOR CONFIRMATION OF RE-APPOINT- 
MENT OF ROY NEBLETT AS MEMBER OF AU- 
DIT COMMITTEE FOR TERM EXPIRING JUNE 
29, 2009 (DOCKET NO. 0579) 



The following was received: 

City Of Boston 
Office of the Mayor 

March 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your confirmation an Order 
regarding the re-appointment of: Roy Neblett 1671 Blue 
Hill Avenue, Mattapan, MA 02 1 26 as members of the Au- 
dit Committee established by ST. 1982, c.190, §14, and 
subject to your confirmation. 

I urge your Honorable body to pass this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to the provisions of Chapter 
190, §14 of the Acts of 1982, the re-appointment of Roy 
Neblett of 1671 Blue Hill Avenue, Mattapan, MA 02126 
as members of the Audit Committee for a term expiring 
on June 29, 2009, be and the same hereby is approved. 

Referred to the Committee on Post Audit and Over- 
sight. 



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS FOR PERIOD OF 
1-1-04 ENDING 2-28-04 (DOCKET NO. 0580) 

The following was received: 

City Of Boston 
Office of the Mayor 



I transmit herewith information received fi'om the 
Boston Police Department pertaining to crime statistics 
for the period commencing January 1, 2004 and ending 
February 28, 2004. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

Annexed hereto is the documentations referred to. 
Placed on file. 



NOTICE RECEP/ED FROM MAYOR OF APPOINT- 
MENT OF WILLL\M J. GOOD AS ACTING 
COMMISSIONER OF INSPECTIONAL SER- 
VICES DEPARTMENT EFFECTIVE APRIL 10, 
2004 FOR PERIOD NOT TO EXCEED 60 DAYS. 
(DOCKET NO. 0581) 

Notice was received from the Mayor of the appoint- 
ment of William J Good as the Action Commissioner of 
the Inspectional Services Department effective April 1 0, 
2004, for a period not to exceed 60 days. 

Placed on file. 



COMMUNICATION FROM CITY CLERK RE: FILING 
BY BRA OF "SECOND AMENDMENT TO THE 
REPORT AND DECISION TO THE AMORY TER- 
RACE PROJECT CHAPTER 121 A PROJECT" 
(DOCKET NO. 0582) 

The following was received: 

To The City Council 
Dear Councilors: 

In compliance with the order passed by your Honor- 
able Body December 6, 1976, this is to inform you that 
the following was filed by the Boston Redevelopment Au- 
thority with the City Clerk on April 15, 2004. 

"Second Amendment to the Report and Decision to the 
Amory Terrace Project Chapter 121 A Project". 
Respectfully, 

Rosaria Salerno, 
City Clerk. 
Placed on file. 



COMMUNICATION WAS RECEIVED FROM 
KEEGAN, WERLIN AND PABIAN. LLP RE: 
BOSTON EDISON COMPANY D/B/A NSTAR 
ELECTRIC (DOCKET NO. 0583) 

Communication was received from Keegan, Wer- 
lin and Pabian, LLP re: Boston Edison Company d/b/a 
NSTAR Electric. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0584) 

Notice was received from the Mayor of the appointment 
of Ms. Patricia Tiemey as a member of the Fair Housing 
Commission for a term expiring March 3 1 . 2006. 

Referred to the Committee on Housing. 



To The City Council 
Dear Councilors: 



April 21, 2004 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0585) 

Notice was received from the Mayor of the appoint- 
ment of Mr. Onyen Young as a ' member of the Fair Hous- 
ing Commission for a term expiring March 31, 2005. 

Referred to the Committee on Housing. 



APRIL 28, 2004 



131 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0586) 

Notice was received from the Mayor of the appoint- 
ment of Mr Egobudike E. Ezedi, Jr, as a member of the 
Fair Housing Commission for a term expiring March 3 1 , 
2006. 

Referred to the Committee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0587) 

Notice was received from the Mayor of the appointment 
of Ms. Blanca Cardona as a member of the Fair Housing 
Commission for a term expiring March 3 1 , 2005. 

Referred to the Committee on Housing. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 0588) 

Notice was received from the Mayor of the appoint- 
ment of Ms. Alyce J. Lee as a member of the Fair Housing 
Commission for a term expiring March 31, 2007. 

Referred to the Committee on Housing. 



COMMUNICATION FROM ENERGY FACILITIES 
SITING BOARD AND DEPARTMENT OF TELE- 
COMMUNICATIONS AND ENERGY REGARD- 
ING PUBLIC COMMENT HEARING ON MAY 6, 
2004 (DOCKET NO. 0589) 

Communication was received from the Energy Facili- 
ties Siting Board and Department of Telecommunications 
and Energy regarding a public comment hearing on May 
6, 2004. 

Placed on file. 



COMMUNICATION FROM FORT POINT ASSOCI- 
ATES, INC. RE: FINAL PROJECT IMPACT RE- 
PORT/ENVIRONMENTAL IMPACT REPORT 
(DOCKET NO. 0590) 

Communication was received from Fort Point Associ- 
ates, Inc. re: Final Project Impact Report/Environmental 
Impact Report. 

Placed on file. 



COMMUNICATION RECEIVED FROM WILLIAM E. 
MCGONAGLE, DEPUTY ADMINISTRATOR OF 
THE BHA REGARDING RECENT ANALYSIS 
THAT RENTS IN BOSTON HAVE DECREASED 
ON AVERAGE BY TEN (10%) PERCENT IN 
PAST YEAR (DOCKET NO. 0591) 

Communication was received from William E. Mc- 
Gonagle, Deputy Administrator of the Boston Housing 
Authority, regarding a recent analysis that rents in Boston 
have decreased on average by ten (10%) percent in the 
past year. 

Placed on file. 

Later in the session. Councilor TURNER moved re- 
consideration of Docket No. 059 1 . Reconsideration pre- 
vailed. 

Councilor TURNER moved that Docket No. 0591 
be referred to the Committee on Housing. The motion 
prevailed. 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE OF 
1979 RE: ACTIONS TAKEN BY MAYOR ON PA- 
PERS ACTED UPON BY CITY COUNCIL AT ITS 
MEETING OF MARCH 31, 2004 (DOCKET NO. 
0592) 

The following was received: 

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 March 3 1 , 2004 VIZ. 

0107 Order authorizing the Public Facilities De- 
partment to apply for, accept and expend a grant of 
$500,000.00 from the U.S. Department of Housing and 
Urban Development (HUD), for the development of per- 
manent housing for the chronically homeless. 

Approved by the Mayor April 8, 2004. 

03 1 Order authorizing the City to accept and expend a 
grant of $150,000.00 from the Massachusetts Technology 
Collaborative, for the purpose of inventory and assess- 
ment of the City's energy resources and development of 
a renewable energy portion of the City's master energy 
plan. 

Approved by the Mayor April 8, 2004. 

RespectfiiUy, 

Rosaria Salerno, 
City Clerk 
Placed on file. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: AN ACT CLARIFYING 
ELECTIONS IN THE CITY OF BOSTON (DOCK- 
ET NO. 0284) 

Councilor FEENEY, on behalf of the Committee of 
Government Operations, submitted the following: 

Report on Docket No. 0284, order approving a peti- 
tion for a special law re: An Act Clarifying Elections in 
the City of Boston (referred February 4) - recommending 
passage of the order in a new draft. 

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



REPORT ON ORDER FOR HEARING TO EXAMINE 
STRUCTURE AND OPERATION OF PRESENT 
SCHOOL CHOICE/ASSIGNMENT PLAN IN 
ROXBURY, DORCHESTER AND MATTAPAN 
AREA (DOCKET NO. 0250) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0250, order for hearing to ex- 
amine the structure and operation of the present school 
choice/assignment plan in the Roxbury, Dorchester and 
Mattapan area (referred February 4) - recommending the 
order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: POTEN- 
TIAL LAYOFFS IN SCHOOL DEPARTMENT 
(DOCKET NO. 0252) 

Councilor Tobin on behalf of the Committee on Educa- 
tion, submitted the following: 

Report on Docket No. 0252, order for a hearing re: po- 



132 



CITY COUNCIL 



tential layoffs in the School Department (referred Febru- 
ary 4) - recommending the order ought to be placed on 
file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: PUBLIC 
SCHOOLS SITE COUNCIL (DOCKET NO. 0247) 

Councilor Tobin on behalf of the Committee on Educa- 
tion, submitted the following: 

Report on Docket No. 0247, order for a hearing re: 
Public Schools Site Council (referred February 4) - rec- 
ommending the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



Councilor McDERMOTT moved that Docket No. 
0604 be removed from the Consent Agenda and be placed 
on Regular Agenda. 

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

Councilor McDERMOTT moved that Docket No. 
0604 be laid on the table until date certain, September 
15,2004. 

On motion of Councilor FEENEY, the matter was 
laid on the table; yeas 8, nays 3, present 1: 

Yeas - Councilors Consalvo, Feeney, Flaherty, Kelly, 
McDermott, Ross, Scapicchio, Tobin - 8. 

Nays - Councilors Arroyo, Turner, Yancey - 3. 

Present - Coimcilor Hennigan - 1 . 



REPORT ON ORDER FOR HEARING RE: IMPLE- 
MENTATION OF FAMILY AND COMMUNITY 
ENGAGEMENT CENTER SYSTEM (DOCKET 
NO. 0246) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0246, order for a hearing re: the 
implementation of the Family and Community Engage- 
ment Center System (referred February 4) - recommend- 
ing the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: PUBLIC 
SCHOOL INVENTORY SYSTEM (DOCKET NO. 
0249) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0249, order for a hearing re: 
Public School Inventory System (referred February 4) - 
recommending the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING TO DISCUSS 
PLANS FOR IMPROVEMENT OF PRACTICES 
OF PUBLIC SCHOOL SYSTEM (DOCKET NO. 
0253) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0253, order for a hearing to 
discuss plans for the improvement of the practices of the 
public school system (referred February 4) - recommend- 
ing the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING RE: PROVI- 
SION OF MATERIALS AND SUPPLIES FOR 
PUBLIC SCHOOLS (DOCKET NO. 0254) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0254 order for a hearing re: the 
provision of materials and supplies for Public Schools (re- 
ferred February 4) - recommending the order ought to be 
placed on file. 

The report was accepted; the order was placed on 
file. 



ORDER FOR HEARING RE: STATE-BOSTON RE- 
TIREMENT SYSTEM (DOCKET NO. 0593) 

Councilors TURNER and ARROYO offered the fol- 
lowing: 

Whereas: The State-Boston Retirement System 
(SBRS) provides a necessary service to the City of Bos- 
ton and City employees and is a mandatory payroll deduc- 
tion; and 

Whereas: part of the mission of SBRS is to ensure 
that the City has sufficient financial resources to meet its 
retirement obligations to City employees, and to provide 
active employees with accurate, timely member services; 
and 

Whereas: Reports from City employees have arisen 
that their accounts are not being updated, required docu- 
mentation is often misplaced and inquiries to the depart- 
ment are often difficult and perplexing; and 

Whereas: It is important that all participants in the Re- 
tirement System have confidence that the system is being 
regulated appropriately. Therefore be it 

Ordered: That a public hearing be held before the ap- 
propriate City Council Committee to provide representa- 
tives of the State-Boston Retirement System and the May- 
ors Office with the opportunity to respond to allegations 
that accounts are not up to date. 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR HEARING TO DISCUSS CREATION OF 
ANTI-GRAFITTI TASK FORCE (DOCKET NO. 
0594) 

Councilors SCAPICCHIO, FLAHERTY, TOBIN, 
MURPHY, MCDERMOTT, ARROYO, HENNIGAN, 
ROSS, FEENEY, CONSALVO and YANCEY offered the 
following: 

WHEREAS: In recent months, Boston's neighborhoods 
have been plagued by increased incidents of graffiti. These 
wanton acts of vandalism indiscriminately deface public 
and private property and affront residents" ability to safely 
and securely enjoy their homes, businesses, neighbor- 
hoods, public spaces and public facilities; and 

WHEREAS: Graffiti-related vandalism, a criminal act, 
causes both the City of Boston and private property own- 
ers to incur millions of dollars in graffiti cleanup costs; 
and 

WHEREAS: Graffiti "tags" are a means of communi- 
cation between and among drug dealers and gangs; graf- 
fiti is also used as a territorial demarcation among rival 
gangs. These territorial indicators routinely deface school 
buildings, private homes, automobiles, public safety fix- 
tures, recreational facilities and commercial enterprises; 
and 

WHEREAS: The City of New York experienced a sim- 
ilar circumstance regarding increased incidents of graffiti 



APRIL 28, 2004 



133 



and, in response, created an Anti-Graffiti Task Force which 
was comprised of members of that city's governmental, 
civic, private, pubhc safety, educational and community 
organizations and charged with developing effective so- 
lutions to New York's burgeoning graffiti problem. This 
Task Force has subsequently taken measures to combat 
the presence of graffiti in that city; therefore be it 

ORDERED: That the appropriate Boston City Council 
committee holds a hearing to discuss the creation of an 
Anti-Graffiti Task Force, modeled after the City of New 
York's successful effort, to address, combat and curtail the 
proliferation of graffiti in the City of Boston. 

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



ing the feasibility of privatizing the school's Central Food 
Facility 

Referred to the Committee on Education. 



ORDER FOR CERTAIN fNFORMATION UNDER 
SECTION 17F RE: HOW MANY SCHOOL SAFE- 
TY ZONE LIGHT SYSTEMS IN CITY AND HOW 
MANY IN OPERATION (DOCKET NO. 0595) 

Councilor HENNIGAN offered the following: 

ORDERED: That, under the provisions of Section I7F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der 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: 

From the Transportation Department: 

How many school safety zone light systems are there 
in the City of Boston and how many are in operation? 

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



ORDER FOR HEARING WITH BOSTON SCHOOL 
DEPARTMENT TO DISCUSS THEIR INTEN- 
TIONS FOR STUDYING FEASIBILITY OF 
PRIVATIZING SCHOOLS' CENTRAL FOOD FA- 
CILITY (DOCKET NO. 0596) 

Councilors HENNIGAN, ARROYO, MURPHY, FEE- 
NEY, MCDERMOTT, KELLY, FLAHERTY, YANCEY, 
CONSALVO and TOBIN offered the following: 

WHEREAS: The Boston School Department is in the 
process of studying the feasibility of privatizing the work- 
ers - mostly women - at the schools' Central Food Facility; 
AND 

WHEREAS: Many of the workers employed in the 
cafeteria system are parents with children in the Boston 
Public Schools and they, along with their colleagues, 
insure that children get fresh, nutritious, well-prepared 
breakfasts, lunches, and snacks; AND 

WHEREAS: Although residency laws mandate that all 
workers employed by the school system's Central Food 
Facility reside in Boston, privatization would allow for 
the employment of those outside the city who may not 
share the same vested interest in the health and growth of 
the students; AND 

WHEREAS: Privatization means job loss, wage loss 
and benefit loss for the 300 fiiU time workers who are al- 
ready struggling to support their families and rely heavily 
on the benefits the city provides; AND 

WHEREAS: The Boston City Council stood shoulder 
to shoulder in opposition to the privatization of custodial 
jobs and towing service in the City of Boston; AND 

WHEREAS: At the city's budget presentation to the 
Boston City Council, the Boston School Department 
raised the possibility that they would be changing the op- 
eration of the Central Food Facility; AND 

WHEREAS: The workers employed by the school 
system's Central Food Facility are part of the fabric of our 
community; THEREFORE BE IT 

ORDERED: That the appropriate committee of the 
Boston City Coimcil convene a hearing with the Boston 
School Department to discuss their intentions for study- 



ORDER FOR HEARING REGARDING SECTION 8 
RENT SUBSIDY CUTS (DOCKET NO. 0597) 

Councilors YANCEY, TURNER, HENNIGAN, FEE- 
NEY, FLAHERTY, ARROYO, MCDERMOTT, MUR- 
PHY and TOBIN offered the following: 

Whereas, According to media reports, there is a 
$550,000 shortfall in funding of the Section 8 rental sub- 
sidy program for Massachusetts from the U.S. Depart- 
ment of Housing and Urban Development (HUD), and 

Whereas, 650 families in the state face eviction notices 
to as early as Tuesday April 27, 2004, and 

Whereas, HUD informed state officials $3.1 million 
for the fiscal year ending June 30 would retroactively cut 
that Massachusetts' portion of the Section 8 rental sub- 
sidy voucher program. However, HUD later told the state 
it had found $2.6 million in fimds from past fiscal years 
that had not been spent and could be used to fill the gap, 
leaving a shortfall of $550,000, and 

Whereas, The state Department of Housing and Com- 
munity Development, said housing officials were draft- 
ing the termination letter to be sent Monday, just in case. 
And, 

Whereas, These cuts in rental subsidies could affect 
hundreds of families in Boston who rely on the program 
to help pay rent. About 400 of the families that would get 
notices are in the greater Boston area. And 

Whereas, According to Cindy Rowe, spokeswoman for 
the Citizens Housing and Planning Association. "The av- 
erage income for these families is $13,000 a year. There's 
nothing you can rent in the Boston market for that. They 
are going to be homeless there is really no other choice." 
And 

Whereas, The termination notices will go to families 
who are receiving housing vouchers through eight non- 
profit organizations across the state that manage vouchers 
for 18,000 families. Be It Therefore 

Ordered That the appropriate committee convene a 
public hearing to discuss the City of Boston's response to 
this crisis. And Be It further 

Ordered That the Administrator of the Boston Housing 
Authority, the Director of Neighborhood Development, 
Secretary of the Massachusetts Department of Housing 
and Community Development, Regional Administrator of 
the U.S. Department of Housing and Urban Development, 
Local housing development agencies and the public be 
invited to testify. 

Councilor Arroyo asked that his letter to Jane Willis 
Gumble be added to the record: 

FELIX D ARROYO 
BOSTON CITY COUNCILLOR AT-LARGE 

April 16, 2004 

Director Jane Willis Gumble 

MA Dept. of Housing & Community Development 

100 Cambridge St., Suite 300 

Boston, MA 021 14 

Dear Director Gumble: 

As City Councillors representing the residents of Bos- 
ton, we are writing to express our considerable concern 
about the proposed fiinding cuts for the federal Hous- 
ing Choice Voucher Program (Section 8) and to urge the 
Department of Housing & Community Development 
(DHCD) to take all possible steps to minimize the impact 
these cuts will have on Massachusetts families. 

It is our understanding that DHCD anticipates the U.S. 
Department of Housing and Urban Development (HUD) 
will soon announce large cuts to the federal Section 8 pro- 
gram, putting more than 60,000 low-income families and 
their landlords at risk. We've been informed that HUD is 



134 



CITY COUNCIL 



proposing over $3.5 million in cuts to the Massachusetts 
Section 8 program, which might force DHCD to notify 
about 2,000 tenants that they will be terminated by the 
Section 8 program by June 1st, 2004. Over 67,000 house- 
holds with 157,000 family members are assisted with 
Section 8 vouchers in Massachusetts, with about half of 
the affected families are currently living in the greater 
Boston area. With remarkably few new vouchers issued in 
FY03, and thousands of Boston residents and other Mas- 
sachusetts applicants still on Section 8 waiting lists, these 
new cuts are especially unwelcome. 

It has been explained to us that the U.S. Department 
of Housing and Urban Development (HUD) is apparently 
misinterpreting federal budget language as requiring large 
reductions in the Section 8 program and ignoring mem- 
bers of Congress, local housing authorities and housing 
advocates who disagree with HUD's reading of the bud- 
get. We respectively urge DHCD to lend their voice to 
those who suggest a more generous reading of the lan- 
guage, to aggressively seek restoration of the vouchers, 
and to contest the displacement of families already utiliz- 
ing the program. In doing so, we join our City Council 
colleagues who unanimously passed a Resolution protest- 
ing the announced cuts (see attached). Please remember 
that Boston's families are counting on your support. 
Sincerely, 

Felix D. Arroyo, City Councilor at-Large 
Maureen Feeney, District 3 City Councilor 
Stephen J. Murphy, City Councilor at-Large 
Chuck Turner, District 7 City Councilor 
Michael F. Flaherty, City Councilor at-Large 
Maura A. Hennigan, City Councilor at-Large 
Michael P. Ross, District 8 City Councilor 
Jerry P. McDermott, District 9 Cily Councilor 



ORDER FOR HEARING RE: TIF PROCESS AND OF- 
FICIALS FROM BRA, CITY ASSESSOR'S OF- 
FICE AN OTHER INTERESTED PARTIES BE 
INVITED TO ATTEND (DOCKET NO. 0598) 

Councilors ARROYO, HENNIGAN, YANCEY and 
TURNER offered the following: 

WHEREAS: The Massachusetts legislature enacted 
Chapter 150 of the Acts of 1957, enabling legislation al- 
lowing the City of Boston to create the Boston Redevel- 
opment Authority (BRA), and the Boston City Council 
voted on August 19, 1957 to establish the BRA; and 

WHEREAS: As part of their granted responsibility to 
promote development in the City, the Boston Redevelop- 
ment Authority is authorized to negotiate property tax 
payments for new developments on behalf of the City of 
Boston; and 

WHEREAS: The latest of these property tax arrange- 
ments is the Tax Increment Financing Agreement (TIF) 
which, pursuant to M.G.L. c. 40, § 59 and M.G.L. c. 59, 
§ 5, allows new developments to save millions of dollars 
in state taxes, reportedly at no direct cost to the City of 
Boston; and 

WHEREAS: In May 2003, the Boston City Council 
passed an Order granting approval of a TIF between the 
City and Manulife Financial for the development of Man- 
ulife's national headquarters in South Boston; and 

WHEREAS: In January 2004, the State Inspector 
General called for this TIF to be revoked describing the 
Manulife TIF as "favors to developers of extremely valu- 
able real estate already under development"; and 

WHEREAS: On April 1 4, 2004, after a thorough public 
hearing, the Council passed an Order granting approval of 
a TIF between the City of Boston and Jurys Boston for 
their renovation of the fonner Boston Police Headquar- 
ters in the Back Bay; and 

WHEREAS: The BRA and the City Assessor have in- 
dicated that the City Council will likely be asked to ap- 
prove additional TIFs in the near future; and 

WHEREAS: We believe it is essential that the City 
Council thoroughly review the TIF process and work with 



the Boston Redevelopment Authority to develop a more 
formal process to assess property taxes on new develop- 
ments; Therefore be it 

ORDERED: That the Boston City Council hold a hear- 
ing to discuss the recently approved TIFs, the TIF process 
generally and potential reforms to the process. Officials 
from the Boston Redevelopment Authority, the City As- 
sessor's Office, and other interested parties will be invited 
to attend. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER FOR HEARING TO DISCUSS REORGANI- 
ZATION OF ELDERLY COMMISSION (DOCK- 
ET NO. 0599) 

Councilors HENNIGAN, ARROYO and YANCEY of- 
fered the following: 

WHEREAS: the Elderly Commission is in the process 
of conducting some organizational and staffing changes 
which has resulted in layoff notices sent to some depart- 
ment employees; and 

WHEREAS: there was no indication at the city council 
budget briefings that there was going to be any changes 
made in this department; and 

WHEREAS: one layoff notice was sent to a person of 
color which could impact the level of diversity in the de- 
partment; and 

WHEREAS: we believe it is essential that the City 
Council review these proposed changes; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to discuss the reorga- 
nization of the Elderly Commission. The Commissioner 
of Elderly Services, Chief of Human Services and other 
interested parties will be invited to attend. 

Councilor HENNIGAN moved to strike the third 
Whereas in its entirety. 

The motion prevailed. 

Referred to tiie Committee on Health and Human 
Services. 



LATE-FILED MATTERS 

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

No objection being heard, the following matters 
were added: 



ORDER RE: RULE 34 PROHIBITING WEDNESDAY 
COMMITTEE HEARINGS (DOCKET NO. 0624) 

Councilor ROSS offered the following: 

ORDERED: That the section of Rule 34 of the City 
Council Rules prohibiting committee hearings on Wednes- 
days of Council meetings be suspended beginning on May 
5, 2004 through June 30, so that the Council Committee 
on Ways and Means may conduct budget hearings. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



RESOLUTION THAT BOSTON CITY COUNCIL GO 
ON RECORD IN OPPOSITION TO ANY AT- 
TEMPTS TO PRIVATIZE SCHOOLS' CENTRAL 
SCHOOL FACILITY (DOCKET NO. 0625) 

Councilors HENNIGAN, ARROYO, MURPHY, FEE- 
NEY, MCDERMOTT, FLAHERTY, YANCEY, TURNER 
and KELLY offered the following: 

WHEREAS: The Boston School Department is in the 



APRIL 28, 2004 



135 



process of studying the feasibility of privatizing the work- 
ers at the schools' Central Food Facility; and 

WHEREAS; Privatization means job loss, wage loss 
and benefit loss for 300 fiill time workers who are already 
struggling to support their families and rely heavily on the 
benefits the city provides; and 

WHEREAS: The Boston City Council stood together 
in opposition to the privatization of custodial jobs and 
towing service in the City of Boston; Therefore be it 

RESOLVED: That the Boston City Council go on re- 
cord in opposition to any attempts to privatize the school's 
Central Food Facility. 

Referred to the Committee on Education. 



ORDER FOR HEARING RE: SAFETY MEASURES 
IN BOSTON PUBLIC SCHOOLS (DOCKET NO. 
0626) 

Councilors MCDERMOTT, FLAHERTY, ARROYO 
and KELLY offered the following: 

WHEREAS: there have been several instances of 
weapons being brought into Boston Public Schools; and 

WHEREAS: there has been a general increase in vio- 
lence amongst school-aged youths. THEREFORE BEIT 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing regarding the safety 
measures in Boston Public Schools. Representatives of 
the Boston Public School Department, the Boston Police 
Department, and other interested parties shall be invited 
to attend. 

Referred to the Committee on Education. 



ORDER FOR HEARING TO REVIEW PRACTICES 
AND POLICIES OF BHA (DOCKET NO. 0627) 

Councilors TURNER, ROSS, ARROYO, HENNI- 
GAN, MURPHY, MCDERMOTT, FEENEY, TOBIN, 
CONSALVO, YANCEY and FLAHERTY offered the 
following: 

WHEREAS: In the course of focus groups on the city 
budget with residents of the Whittier Street Housing De- 
velopment, it was reported that there are substandard liv- 
ing conditions at that site. Therefore Be It 

RESOLVED: That the Boston City Council hold a 
hearing to review practices and policies of the Boston 
Housing Authority and that appropriate personnel from 
the Boston Housing Authority and the Inspectional Ser- 
vices Department be present to testify. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
$64,000 FROM FEDERAL ENVIRONMENT 
PROTECTION AGENCY OF TRANSPORTA- 
TION DEPARTMENT AND AIR QUALITY FOR 
PURPOSE OF SUPPORTING AN INITIATIVE TO 
RETROFIT ALL DIESEL POWERED TOURIST 
TROLLEYS IN CITY OF BOSTON WITH OXI- 
DATION CATALYST SYSTEMS (DOCKET NO. 
0145) 

Councilor McDermott called Docket No. 0145 from 
the Committee on Environment and Historic Preserva- 
tion. 

Hearing no objection, the matter was before the body. 

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



$30,000 FROM MASSACHUSETTS TECHNOL- 
OGY COLLABORATIVE FOR PURPOSE OF 
SUPPORTING GREEN BUILDING TASK FORCE 
(DOCKET NO. 0394) 

Councilor McDermott called Docket No. 0394 from 
the Committee on Environment and Historic Preserva- 
tion. 

Hearing no objection, the matter was before the body. 

On motion of Councilor McDermott, 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 Scapicchio: Recognizing Captain Albert 
Sweeney (Docket No. 0600). 

CouncilorsTurner, Yancey, Arroyo, Hermigan, Murphy, 
Flaherty, Scapicchio and Ross: Declaring April 24, 2004 
as African Lodge No. 459 and Prince Hall Day (Docket 
No. 0601). 

Councilor Turner: Congratulating Ms. Kelly Saint- Vil 
(Docket No. 0602). 

Councilors Turner and Arroyo: Congratulating Tamara 
Reichberg (Docket No. 0603). 

Councilor Consalvo: Congratulating Brian Greally 
(Docket No. 0605). 

Councilor Feeney: Congratulating Ms. Wilma Thom- 
son on her 90th birthday (Docket No. 0606). 

Councilor Consalvo: Congratulating 21 persons on 
their "2004 WGI Open Class Gold Medal in National 
Competition in San Diego, California (Docket No. 
0607). 

Councilor Kelly: Congratulating lose M. Jurves 
(Docket No. 0608). 

Councilor Scapicchio: Congratulating Josephine Zizza 
(Docket No. 0609). 

Councilor McDermott: Congratulating Barbara Ford 
(Docket No. 0610). 

Councilors Yancey, Turner and Arroyo: Congratulating 
the Boston and Vicinity Club (Docket No. 061 1 ); Honor- 
ing Dr. Peggy Brown (Docket No. 0612). 

Councilor Yancey: Congratulating Dr. Rubenns Bien- 
Aime (Docket No. 0613); Congratulating Andree Bodkin 
(Docket No. 0614); Congratulating Rudolph F Miller, 
Attorney (Docket No. 0615); Congratulating Mr. Krishna 
Ramroopsingh (Docket No. 0616); Congratulating Al- 
kebu-Lan Martial Arts Institute/International Task Force 
(Docket No. 0617); Congratulating Mrs. Patricia E. Teles- 
ford and Mr. Winston Telesford (Docket No. 0618); Con- 
gratulating Mr. James Regis of Regis Steel, Inc. (Docket 
No. 0619). 

Councilor Scapicchio: Congratulating the Massachu- 
setts Chapter of the USS Landing Ship Tanks Ship Me- 
morial (Docket No. 0620). 

Councilors Arroyo, Turner, and Yancey: Congratulat- 
ing Tadatoshi Akiba, Mayor of Hiroshima (Docket No. 
0621). 

Councilor Consalvo: Congratulating Sergeant Jason 
Irvin Bennett (Docket No. 0622). 

Councilor Flaherty: Congratulating Mario Russo 
(Docket No. 0623). 

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 McDermott: Declaring April 28th as "Frank 
Moy, Jr. Day" (Docket No. 0628) 

The matters contained within the Consent Agenda 
were severally adopted. 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 



NEXT MEETING 



136 CITY COUNCIL 



Adjourned at 1;50 p.m. on motion of the Chair, in 
memory of Tom Sandry, John W. Young, Joe Lydon, Paula 
OyoUa, and Paul Allen, with prayer requests for Vinnie 
DeStefano, to meet again on Wednesday, May 5, 2003 at 
11:30 a.m. 



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



/U/r r ^^^^ fi^nr^- 



CITY COUNCIL 



K^^;? /^ 



/ 



265 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 1 , 2004 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:45 
a.m., President Flaherty in the Chair. 



WHEREAS, the Massachusetts Historic Commis- 
sion has approved the Preservation Restriction pursuant 
to Chapter 184, Section 32 of the Massachusetts Gen- 
eral Laws and the Boston Landmarks Commission, as the 
preservation-planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 32 
of the Massachusetts General Laws, the Preservation Re- 
striction on 752 Tremont Street as set forth in the attached 
instrument be and the same hereby is approved. 

Referred to the Committee on Environment and 
Historic Preservation. 

(Annexed herein is the documentation referred to.) 



INVOCATION 

Reverend Christopher Hickey, Saint Williams Church, 
delivered the invocation and the meeting was opened with 
the pledge of allegiance to the flag. 



VISITORS TO CITY COUNCIL 

President FLAHERTY wanted to welcome former City 
Councilor Michael McCormack. 



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN PAUL 
G. ROIFF, OWNER AND TRUSTEE OF 752 
TREMONT STREET TRUST AND NATIONAL 
ARCHITECTURAL, TRUST, INC. PURSUANT 
TO M.G.L. CHAPTER 184, SECTION 32 (DOCK- 
ET NO. 1225) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 16, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the approval of a Preservation Restriction Agree- 
ment by and between Paul G. Roiff, owner and Trustee 
of the 752 Tremont Street Trust and the National Archi- 
tectural Trust, Inc. This action will allow the preservation 
of a historically significant architectural structure in the 
South End District. 

As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as pos- 
sible so that we can continue to maintain the historic and 
architectural integrity of our neighborhoods. 
Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 

WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 752 Tremont 
Street, Boston, Massachusetts 021 16 is a structure which 
is historically significant for its architecture and for its 
neighborhood association and is therefore appropriate for 
preservation; and 

WHEREAS, Paul G. Roiff, the owner and Trustee of 
the 752 Tremont Street Trust, under Declaration Trust 
dated June 29, 1992, has conveyed a historic preservation 
restriction to the facade of 752 Tremont Street to the Na- 
tional Architectural Trust, Inc., a charitable corporation 
exempt from taxation under Section 501 (c) (3), of the 
Internal Revenue Code, by agreement which is attached 
hereto (the "Preservation Restriction"); and 



ORDER APPROVING PRESERVATION RESTRIC- 
TION AGREEMENT BY AND BETWEEN RPP 
COMMERCE LLC AND NATIONAL ARCHI- 
TECTURAL TRUST, INC. PURSUANT TO 
M.G.L. CHAPTER 184, SECTION 32 (DOCKET 
NO. 1226) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 16, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the approval of a Preservation Restriction Agree- 
ment by and between RPP Commerce LLC and the 
National Architectural Trust, Inc. This action will allow 
the preservation of a historically significant architectural 
structure in the "Uphams Comer Market" in Dorchester. 
As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as pos- 
sible so that we can continue to maintain the historic and 
architectural integrity of our neighborhoods. 
Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the building located at 600 Columbia 
Road, Boston, Massachusetts 02 1 25 is a structure which 
is historically significant for its architecture and for its 
neighborhood association and is therefore appropriate for 
preservation; and 

WHEREAS, RPP Commerce LLC, the owner of 600 
Columbia Road, has conveyed a historic preservation re- 
striction to the facade of 600 Columbia Road to the Na- 
tional Architectural Trust, Inc., a charitable corporation 
exempt fi-om taxation under Section 501 (c) (3), of the 
Internal Revenue Code, by agreement which is attached 
hereto (the "Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commis- 
sion has approved the Preservation Restriction pursuant 
to Chapter 184, Section 32 of the Massachusetts Gen- 
eral Laws and the Boston Landmarks Commission, as the 
preservation-planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 of the Massachusetts General Laws, the Preservation 
Restriction on 600 Columbia Road as set forth in the at- 
tached instrument be and the same hereby is approved. 

Referred to the Committee on Environment and 
Historic Preservation. 

(Annexed herein is the documentation referred to.) 



ORDER APPROVING PRESERVATION RESTRIC- 



266 



CITY COUNCIL 



TION AGREEMENT BY AND BETWEEN 
BEACH STREET LLP AND NATIONAL AR- 
CHITECTURAL TRUST INC. PURSUANT TO 
M.G.L. CHAPTER 184, SECTION 32 (DOCKET 
NO. 1227) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 16, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the approval of a Preservation Restriction Agree- 
ment by and between the Beach Street LLC and the 
National Architectural Trust, Inc. This action will allow 
the preservation of a historically significant architectural 
structure in the Leather District. 

As this building is appropriate for preservation, I urge 
your Honorable Body to adopt this Order as soon as pos- 
sible so that we can continue to maintain the historic and 
architectural integrity of our neighborhoods. 
Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 



WHEREAS, pursuant to Chapter 184, Section 32 of 
the Massachusetts General Laws the City of Boston is 
empowered to approve preservation restrictions for his- 
torically significant structures located in the City; and 

WHEREAS, the real property located at 109-119 
Beach Street, Boston, Massachusetts 02 1 1 1 are structures 
which are historically significant for their architecture and 
for their neighborhood association and are therefore ap- 
propriate for preservation; and 

WHEREAS, the Beach Street LLC, the owner of 109- 
1 19 Beach Street, has conveyed a historic preservation re- 
striction to the facades of 1 09- 1 1 9 Beach Street to the Na- 
tional Architectural Trust, Inc., a charitable corporation 
exempt from taxation under Section 501 (c) (3), of the 
Internal Revenue Code, by agreement which is attached 
hereto (the "Preservation Restriction"); and 

WHEREAS, the Massachusetts Historic Commis- 
sion has approved the Preservation Restriction pursuant 
to Chapter 184, Section 32 of the Massachusetts Gen- 
eral Laws and the Boston Landmarks Commission, as the 
preservation-planning agency of the City of Boston, has 
approved the Preservation Restriction. 

NOW THEREFORE BE IT 

ORDERED: That pursuant to Chapter 184, Section 
32 of the Massachusetts General Laws, the Preservation 
Restriction on 109-1 19 Beach Street as set forth in the at- 
tached instrument be and the same hereby is approved. 

Referred to the Committee on Environment and 
Historic Preservation. 

(Annexed herein is the documentation referred to.) 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND GRANT OF $15,215,077 FROM U.S. 
DEPARTMENT OF HOMELAND SECURITY'S 
(DHS) OFFICE OF DOMESTIC PREPAREDNESS 
FEDERAL FY2004 URBAN AREAS SECURITY 
INITIATIVE II (UASI) (DOCKET NO. 1228) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 20, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $15,215,077.00 in the form of a United 
States Department of Homeland Security's (DHS), Office 



of Domestic Preparedness FFY2004 Urban Areas Secu- 
rity Initiative II (UASI) Grant award, passed through the 
Commonwealth of Massachusetts, Executive Office of 
Public Safety to the City of Boston and to be adminis- 
tered by the Mayor's Office of Homeland Security. 1 he 
UASI Program serves to address the unique equipment, 
planning, exercise, training and operational needs of 
large urban areas, and to assist them in building an en- 
hanced and sustainable capacity to prevent, respond to, 
and recover from threats or acts of terrorism, including 
chemical, biological, radiological, nuclear and explosive 
(CBRNE) incidents. 

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 purposes for 
which these funds were granted. 

Sincerely Yours, 

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 
section 53A of chapter 44 of the Massachusetts General 
Laws, to accept and expend the States Department of 
Homeland Security, Office Domestic Preparedness and 
the Commonwealth of Massachusetts' FY2004 UASI II 
award not to exceed the amount of Fifteen Million Two 
Hundred and Fifteen Thousand Seventy Seven Dollars 
($15,215,077.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND 
EXPEND COMMONWEALTH OF MASSA- 
CHUSETTS FEDERAL FY2004 CITIZEN CORP 
PROGRAM GRANT OF $197,170 TO SUPPORT 
CITIZEN CORPS COUNCILS WITH PLANNING, 
OUTREACH AND MANAGEMENT OF CITIZEN 
CORPS PROGRAMS (DOCKET NO. 1229) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 20, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $197,170.00 in the form of a Common- 
wealth of Massachusetts Executive Office of Public Safe- 
ty FY2004 Citizen Corp. Program award to the City of 
Boston, on behalf of the Metro Boston Homeland Secu- 
rity Planning Region and to be administered by the May- 
or's Office of Home Land Security (MOHS). The Citizen 
Corp. Grant Program provides funding to support Citizen 
Corps councils with planning, outreach and management 
of Citizen Corps programs. Specifically, funds will sup- 
port the costs associates with planning, equipping, and 
conducting training and exercises of citizen and commu- 
nity based projects approved as part of the Metro Boston 
Homeland Security Region's Strategy. 

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 purposes for 
which these funds were granted. 

Sincerely Yours, 

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 
section 53A of chapter 44 of the Massachusetts General 
Laws, to accept and expend the Commonwealth of Massa- 
chusetts' FY2004 Citizen Corp. Program award not to ex- 
ceed the amount of One Hundred and Ninety Seven Thou- 



SEPTEMBER 1,2004 



267 



sand One Hundred and Seventy Dollars ($197,170.00). 
Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $6,526,120 FROM COMMON- 
WEALTH OF MASSACHUSETTS FEDERAL 
FY2004 STATE HOMELAND SECURITY PRO- 
GRAM TO ENHANCE CAPABILITY OF LOCAL 
UNITS OF GOVERNMENT TO PREVENT, DE- 
TER, RESPOND TO AND RECOVER FROM IN- 
CIDENTS OF TERRORISM (DOCKET NO. 1230) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 20, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $6,526,120.00 in the form of a Com- 
monwealth of Massachusetts Executive Office of Public 
Safety FY2004 State Homeland Security Grant Program 
(SHSGP) award to the City of Boston, on behalf of the 
Metro Boston Homeland Security Planning Region and to 
be administered by the Mayor's Office of Homeland Se- 
curity (MOHS). The State Homeland Security Planning 
Grant Program provides funding to enhance the capability 
of local units of government to prevent, deter, respond to, 
and recover from incidents of terrorism involving the use 
of chemical, biological, radiological, nuclear or explo- 
sive (CBRNE) weapons and cyber attacks. Specifically, 
fiinds will support the costs for planning, equipping, and 
conducting training and exercises of projects approved 
as part of the Metro Boston Homeland Security Region's 
Strategy. 

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 purposes for 
which these fiinds were granted. 

Sincerely Yours, 

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 
section 53A of chapter 44 of the Massachusetts General 
Laws, to accept and expend the Commonwealth of Mas- 
sachusetts' FY2004 State Homeland Security Grant Pro- 
gram award not to exceed the amount of Six Million Five 
Hundred and Twenty Six Thousand One Hundred and 
Twenty Dollars ($6,526,120.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $2,817,000 FROM COMMON- 
WEALTH OF MASSACHUSETTS EXECUTIVE 
OFFICE OF PUBLIC SAFETY FEDERAL FY2004 
LAW ENFORCEMENT TERRORISM PREVEN- 
TION PROGRAM FOR DETECTFNG, DETER- 
RING, DISRUPTING AND PREVENTING ACTS 
OF TERRORISM (DOCKET NO. 1231) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 20, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $2,817,000.00 in the form of a Common- 
wealth of Massachusetts Executive Office of Public Safety 



FY2004 Law Enforcement Terrorism Prevention Program 
(LETPP) award, and to be administered by the Mayor's 
Office of Homeland Security (MOHS), on behalf of the 
Metro Boston Homeland Security Planning Region. The 
Law Enforcement Terrorism Prevention Program pro- 
vides funding to local law enforcement communities with 
enhanced capabilities for detecting, deterring, disrupt- 
ing and preventing acts of terrorism. Specifically, these 
funds will support law enforcement agencies throughout 
the Metro Boston Homeland Security Planning Region 
to achieve anti-terrorism projects approved as part of the 
Metro Boston Homeland Security Region's Strategy. 

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 purposes for 
which these fiinds were granted. 

Sincerely Yours, 

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 
section 53A of chapter 44 of the Massachusetts General 
Laws, to accept and expend the Commonwealth of Mas- 
sachusetts' FY2004 Law Enforcement Terrorism Preven- 
tion Program award not to exceed the amount of Two 
Million Eight Hundred and Seventeen Thousand Dollars 
($2,817,000,00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $12,820 FROM COMMON- 
WEALTH OF MASSACHUSETTS FEDERAL 
FY2004 STATE HOMELAND SECURITY LO- 
CAL PREPAREDNESS TO SUPPORT ADMINIS- 
TRATIVE NEEDS IDENTIFIED BY (MOHS) IN 
COORDFNATING PROJECTS AND PROGRAMS 
THROUGHOUT METRO BOSTON HOMELAND 
SECURITY REGION (DOCKET NO. 1232) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 9, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order autho- 
rizing the City of Boston to accept and expend an award 
in the amount of $12,820.00 in the form of a Common- 
wealth of Massachusetts Executive Office of Public Safe- 
ty FY2004 State Homeland Security Local Preparedness 
Grant Program grant award, and to be administered by 
the Mayor's Office of Homeland Security (MOHS), on 
behalf of the Metro Boston Homeland Security Planning 
Region. The Local Preparedness Grant Program is one 
component of the state's Homeland Security strategy, and 
funding has been approved to support the administrative 
needs identified by MOHS in coordinating projects and 
programs throughout the Metro Boston Homeland Secu- 
rity Region. 

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 purposes for 
which these funds were granted. 

Sincerely Yours, 

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 section 53A of chapter 44 of the Massachusetts Gen- 
eral Laws, to accept and expend the Commonwealth of 
Massachusetts' FY2004 State Homeland Security Lo- 
cal Preparedness Grant award not to exceed the amount 



268 



CITY COUNCIL 



of Twelve Thousand Two Hundred and Eighty Dollars 
(512,280.00). 

Referred to the Committee on Public Safety. 



Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER AUTHORIZING POLICE COMMISSION- 
ER TO ACCEPT AND EXPEND GRANT OF 
$30,454.31 FROM COMMONWEALTH OF 
MASSACHUSETTS EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION FOR 
PURPOSE OF SUBCONTRACTING TO ELLA 
J. BAKER HOUSE FOR EXAMINE FOR LIFE 
PROJECT, YOUTH VIOLENCE PREVENTION 
MENTORING PROGRAM (DOCKET NO. 1233) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 9, 2004 
To The City Council 
Dear 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 $30,454.31 from the Commonwealth of Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division. This award is made for the purpose of subcon- 
tracting to the Ella J. Baker House for their Examine Life 
Project, a youth violence prevention mentoring 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 purposes for 
which they were granted. 

Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO ACCEPT AND EXPEND THE DORCHESTER 
YOUTH AND FAMILY BYRNE GRANT FUNDS 

AWARDED BY THE MASSACHUSETTS OFFICE OF 
THE ATTORNEY GENERAL 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53A of chapter 44 of the Massachu- 
setts General Laws, to accept and expend the Common- 
wealth Massachusetts, Executive Office of Public Safety 
Programs Division award not to exceed the amount of 
Thirty Thousand Four Hundred and Fifty Four Dollars 
and Thirty One Cents ($30,454.3 1 ). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING ENVIRONMENT DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
$18,000 FROM MASSACHUSETTS HISTORI- 
CAL COMMISSION TO SUPPORT BOSTON 
LANDMARKS COMMISSION STAFF ARCHI- 
TECT POSITION (DOCKET NO. 1234) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 23, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the Environment Department, acting on behalf of 
the City of Boston, to accept and expend a grant from 
the Massachusetts Historical Commission in the amount 
of $18,000. The grant will be used to support a Boston 
Landmarks Commission staff architect position. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that these funds may be expended for 
the purpose for which they were granted. 



ORDERED: That the Mayor, acting on behalf of the 
City of Boston Environment Department, be and hereby 
is authorized, pursuant to section 53A of chapter 44 of the 
General Laws, to accept and expend a grant in an amount 
not to exceed Eighteen Thousand Dollars ($18,000.00) 
from the Massachusetts Historical Commission to sup- 
port a Boston Landmarks Commission staff architect 
position. 

Referred to the Committee on Environment and 
Historic Preservation. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND SUPPLEMENTAL GRANT OF $10,000 
FROM COMMONWEALTH OF MASSACHU- 
SETTS DEPARTMENT OF PUBLIC HEALTH 
FOR DEPARTMENT OF PUBLIC HEALTH TO 
COMPLETE RESEARCH PROJECT AND ES- 
TABLISHMENT OF VIOLENT DEATH REPORT- 
ING SYSTEM (DOCKET NO. 1235) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 23, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend a supplemen- 
tal grant in the amount of $10,000.00 from the Common- 
wealth of Massachusetts, Department of Public Health. 
Center for Health Information, Statistics, Research and 
Evaluation. This award is made for the purpose of provid- 
ing data to the Department of Public Health in order for 
DPH to complete the research project and establishment 
of a Violent Death Reporting System. 

I urge your Honorable Body to adopt this Order as 
soon as possible so that the Cit>' of Boston may accept the 
funds expeditiously and expend them for the purposes for 
which they were granted. 

Sincerely Yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53A of chapter 44 of the Massachu- 
setts General Laws, to accept and expend the Common- 
wealth Massachusetts, Department of Public Health, 
Center for Health Information, Statistics. Research and 
Evaluation award not to exceed the amoimt of Ten Thou- 
sand Dollars ($10,000.00). 

Referred to the Committee on Health and Human 
Services. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF NANCY NORMAN AS MEMBER OF BOS- 
TON PUBLIC HEALTH COMMISSION FOR 
TERM EXPIRING JANUARY 1, 2007 (DOCKET 
NO. 1236) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 26, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order regard- 
ing the appointment of Dr. Nancy Norman of 7 1 Olban 



SEPTEMBER 1, 2004 



269 



Street. Dorchester, Massachusetts as a member of the 
Boston Public Health Commission for a term expiring the 
first Monday in January 2007. 

I urge your Honorable Body to adopt this Order at your 
earliest convenience so that Dr. Norman may begin serv- 
ing her term. 

Sincerely Yours, 

Thomas M. Menino. 
Mayor of Boston. 



ORDERED: That the appointment of Dr. Nancy Nor- 
man of 7 1 Olban Street, Dorchester, Massachusetts as a 
member of the Boston Public Health Commission for a 
term expiring on the first Monday in January 2007 be and 
hereby is approved. 

Referred to the Committee on Health and Human 
Services. 



COMMUNICATION FROM CITY CLERK OF FILING 
BY BRA OF SEVENTH AMENDMENT TO RE- 
PORT AND DECISION ON THE ONE BEACON 
STREET CHAPTER 121 PROJECT (DOCKET 
NO. 1237) 

Communication was received from City Clerk of the 
filing by the Boston Redevelopment Authority of the 
"Seventh Amendment to Report and Decision on the One 
Beacon Street Chapter 1 2 1 A Project. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1238) 

The Constable's Bonds of the following, having been 
duly approved by the Collector/Treasurer, were received 
under the usual terms and conditions. 

The Constables Bonds of: 

Stacey A. Adams, 

Sekour R. Brown, 

Paul L. Bums Sr., 

Ronald Cobb, 

William J. Mallory, 

Jean N. Philomeno, 

Amarilis Serret, 

James C. Wong, 

Having been duly approved by the Collector-Trea- 
surer were received. 



REPORT ON ORDER AUTHORJZING CITY TO EN- 
TER INTO ONE OR MORE LEASE, LEASE- 
PURCHASE OF INSTALLMENT SALES AGREE- 
MENTS IN FY05 IN AMOUNT NOT TO EXCEED 
$10,000,000 AND IN FY06 IN AMOUNT NOT TO 
EXCEED $10,000,000 FOR DIFFERENT CITY 
DEPARTMENTS FOR ACQUISITION OF EQUIP- 
MENT IN FURTHERANCE OF RESPECTIVE 
GOVERNMENTAL FUNCTIONS (DOCKET NO. 
0522) 

Councilor ROSS, on behalf of the Committee of Ways 
and Means, submitted the following: 

Report on Docket No. 0522, message of the Mayor and 
order authorizing the City to enter into one or more lease, 
lease-purchase of installment sales agreements in FY05 
in an amount not to exceed $10,000,000 and in FY06 in 
an amount not to exceed $10,000,000 for different City 
departments for the acquisition of equipment in further- 
ance of the respective governmental functions (referred 
April 14) - recommending the order ought to be read a 
second time and passed. 

On motion of Councilor ROSS, the order was given 
its second reading and passage; yeas 12, nays 0: 



Yeas - Councilors Arroyo, Consalvo, Feeney, Flaherty, 
Kelly, McDermott, Murphy, Ross, Scapicchio, Tobin, 
Turner, Yancey- 12. 

Nays-O. 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $14,958,717 
FROM U.S. DEPARTMENT OF HOMELAND 
SECURITY'S (DHS) OFFICE OF DOMESTIC 
PREPAREDNESS URBAN AREAS SECURITY 
INITIATIVE 11 (UASl) TO ADDRESS UNIQUE 
EQUIPMENT, PLANNING, EXERCISE, TRAIN- 
ING AND OPERATIONAL NEEDS OF LARGE 
URBAN AREAS (DOCKET NO. 1029) 

Councilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1029, message of the Mayor and 
order authorizing the City to accept and expend a grant 
of $14,958,717 from the U.S. Department of Homeland 
Security's (DHS) Office of Domestic Preparedness Urban 
Areas Security Initiative II (UASl), to address the unique 
equipment, planning, e.xercise, training and operational 
needs of large urban areas (referred July 14) recommend- 
ing passage of the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING POLICE DE- 
PARTMENT TO ACCEPT AND EXPEND GRANT 
OF $80,335.67 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION FOR 
PURPOSE OF ADDRESSING UNIQUE NEEDS 
OF DISADVANTAGED AND AT-RISK URBAN 
YOUTH AND THEIR FAMILIES (DOCKET NO. 
1108) 

Councilor MURPHY, on behalf of the Committee of 
Public Safety, submitted the following: 

Report on Docket No. 1108, message of the Mayor and 
order authorizing the Police Department to accept and ex- 
pend a grant of S80.335.67 from Commonwealth of Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division for the purpose of addressing the unique needs 
of disadvantaged and at-risk urban youth and their fami- 
lies (referred ) - recommending passage of the order. 

The report was accepted; the order was passed. 



ORDER FOR HEARING REGARDING MERGER BE- 
TWEEN BANK OF AMERICA AND FLEET NA- 
TIONAL BANK (DOCKET NO. 1239) 

Councilors FLAHERTY, MCDERMOTT, TOBIN, 
SCAPICCHIO, CONSALVO. ARROYO. YANCEY, 
FEENEY, HENNIGAN and TURNER offered the 
following: 

AN ORDER FOR HEARING REGARDING THE 

IMPACTS ON THE CITY OF BOSTON RELATIVE 

TO THE MERGER BETWEEN BANK OF AMERICA 

AND FLEET NATIONAL BANK 

Whereas, In October of 2003 a hearing order was 
proposed regarding the impacts on the City of Boston of 
the merger between Bank of America and Fleet National 
Bank; AND 

Whereas, Fleet National Bank ("Fleet") had been the 
largest provider of banking services in New England and 
the City of Boston and had $190 billion in assets and ap- 
proximately 47,700 employees at the time of the merger; 
AND 

Whereas, Fleet serves as a depository by the City of 
Boston, acting through the Collector- Treasurer, for city 
funds and other fimds under the control of the city; AND 



270 



CITY COUNCIL 



Whereas, Bank of America acquired Fleet in an all- 
stock agreement valued at a reported $47 billion; AND 

Whereas, The hearing was proposed to address con- 
cerns about the level of commitment that Bank of Amer- 
ica would have to the City of Boston relative to employ- 
ment opportunities, charitable giving, lending practices, 
and investment services in all of our diverse neighbor- 
hoods; AND 

Whereas, After extensive discussions with officials 
from Bank of America and assurances that the commit- 
ment by Bank of America to the City of Boston would 
meet or exceed the levels set by Fleet over the years it was 
decided the hearing was not necessary; AND 

Whereas, It has come to light in recent weeks that 
some of the commitments and assurances made by Bank 
of America are now in question and is the subject of much 
concern by state banking regulators; NOW THEREFORE 
BEIT 

Ordered, That the appropriate committee of the Boston 
City Council conduct a hearing to examine (i) the impacts 
of the sale of Fleet National Bank to Bank of America on 
the municipal banking business of the City of Boston and 
its political subdivisions, (ii) the impacts of the sale on 
the provision of both the consumer and business banking 
services in the neighborhoods of Boston, (iii) the com- 
mitment of Bank of America to providing employment 
opportunities to Boston residents and charitable support 
to Boston's nonprofit organizations; AND BE IT FUR- 
THER 

Ordered, That representatives of Fleet/Bank of Amer- 
ica, the Collector- Treasurer of the City of Boston and 
other interested parties be invited to appear. 



Councilor SCAPICCHIO in the Chah. 



Boston. Though you have repeatedly asserted that Bank 
of America remains "fully committed to New England," 
recent decisions to move banking divisions out of Boston 
and to eliminate hundreds of local jobs are inconsistent 
with your professed commitment to this region, Massa- 
chusetts and our City. It is our understanding that Bank 
of America plans to meet this week with State Treasurer 
Timothy Cahill to discuss the possibility that the State 
may pull as much as $100 million in deposits out of Bank 
of America if it breaks more commitments to state regula- 
tors. It would be unfortunate if the City of Boston were 
forced by your actions to explore similar options. 

In closing, it is our hope that Bank of America will 
work closely with State officials to resolve the important 
matters addressed in this correspondence and live up to its 
promises to Massachusetts and to Boston. However, we 
felt it was our obligation to inform you of our consider- 
able unease about Bank of America's recent actions. We 
would appreciate the opportunity to meet with you and/or 
local Bank of America officials and respectfiilly request 
that you and/or the appropriate individual contact to con- 
tinue discussions around this important matter. 

Felix D. Arroyo 

At-Large Boston City Councillor 

Maureen Feeney 

Boston City Councillor 

Maura A. Hennigan 

At-Large Boston City Councillor 

Chuck Tumrer 

Boston City Councillor 

Cc: 

State Treasurer Timothy Cahill; 
Mayor Thomas Menino; 
Members of the Boston City Council 
Referred to the Committee on Financial Services 
and Community Investments. 



Councilor FLAHERTY in the Chair. 



Councilor Arroyo requested the following letter be 
added to the record: 

Monday, August 30, 2004 

Kenneth D. Lewis 

Chief Executive Officer and President 

Bank of America Corporation 

1 00 North Tryon Street 

Chariotte, NC 28255 

Dear President Lewis: 

As City Councillors representing the residents of Bos- 
ton, Massachusetts, we write to express concerns about 
the actions of Bank of America since its acquisition of 
FleetBoston in April of 2004. 

The Massachusetts Board of Bank Incorporation was 
legally obliged to review the proposed Bank of America- 
Fleet merger pursuant to state law (M.G.L. Ch. 167A, 
Sec. 2) and to ensure "the public convenience and advan- 
tage." In fulfilling these public interest obligations. Bank 
of America promised in the Merger Agreement to base six 
bank divisions in the Boston metropolitan area, to main- 
tain current staffing levels in New England, and to ensure 
that all "customer-facing positions" would be retained. 
Approval of the merger was contingent on these pledges 
to ensure "net new benefits." Despite these explicit com- 
mitments. Bank of America has recently laid off hundreds 
of bank branch staff members across the Northeast and 
has decided to move its Latin American and small-busi- 
ness banking divisions out of Boston. In addition, Bank 
of America has reportedly decided to not renew office 
space leases for as much as 500,000 square feet of prime 
office space at 100 Federal Street, Fleet Bank's former 
headquarters. 

As elected officials in the City of Boston, we are deeply 
troubled that Bank of America seems poised to break im- 
portant legal and public-service commitments to its em- 
ployees, the State of Massachusetts, and the residents of 



ORDER FOR HEARING TO DISCUSS EXPANDING 
WIRELESS COVERAGE IN CITY TO BENEFIT 
BOSTON'S NEIGHBORHOOD BUSINESSES, 
STUDENTS AND PROFESSIONS (DOCKET NO. 
1240) 

Councilors TOBIN. FLAHERTY. FEENEY, ARROYO, 
YANCEY, TURNER and CONSALVO offered the fol- 
lowing: 

WHEREAS: Over the past year there has been a na- 
tionwide trend to incorporate wireless Internet technol- 
ogy into shops and restaurants in highly populated cities 
including Jacksonville; Pittsburgh; Ashland, and Manhat- 
tan; and 

WHEREAS: Wireless networks would benefit Boston's 
economy by drawing more customers into neighborhood 
business zones, as well as allowing individuals the capac- 
ity to easily work and exchange information with one an- 
other in a cost-effective manner; and 

WHEREAS: Wireless networks enable residents to 
enjoy Boston's open spaces such as parks and market 
squares, while continuing to interact with business or 
school personnel and access information; and 

WHEREAS: College students who rely on technology 
to complete their coursework would be able to conduct re- 
search and communicate with professors and peers using 
wireless networks ft-om many different locations; and 

WHEREAS: Wireless networks bridge the digital di- 
vide by allowing all citizens equal access to Internet in- 
formation at a low cost; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council conduct a hearing to discuss ex- 
panding wireless coverage in the City of Boston to benefit 
Boston's neighborhood businesses, students and profes- 
sionals. 

Referred to the Committee on Public Utilities and 
Cable Communication. 



SEPTEMBER 1, 2004 



271 



ORDINANCE REGARDING IMPOUNDMENT OF 
VEHICLES INVOLVED IN DRUG TRADE 
(DOCKET NO. 1241) 

Councilors CONSALVO, ARROYO, FEENEY, FLA- 
HERTY, HENNIGAN and TURNER offered the follow- 
ing: 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDINANCE REGARDING THE IMPOUND- 
MENT OF VEHCLES INVOLVED IN THE DRUG 
TRADE 

WHEREAS, The City of Boston has been fighting an 
active open-air drug market for years and is currently fac- 
ing a significant increase in heroin sales to increasingly 
younger buyers; and 

WHEREAS, Many residents of surrounding munici- 
palities drive into the neighborhoods of the City of Bos- 
ton to buy drugs, actions which sustain the City's open-air 
drug market and reinforce the inaccurate perception that 
Boston is alone among Massachusetts municipalities in 
experiencing drug crime; and 

WHEREAS, Budget reductions in local aid from the 
Commonwealth of Massachusetts have diminished the 
services in the City of Boston that were originally cre- 
ated in the 1990's to support the war on drugs and the 
recovery fi-om drug use/abuse, including, but not limited 
to, mental-health counselors, drug-prevention programs, 
beds in detoxification centers, and resources dedicated 
to assisting potential, current, and former drug users and 
their families protect themselves from the dangers of il- 
legal drugs; and 

WHEREAS, In addition to mere impoundment of a 
motor vehicle, the law enforcement authorities may, un- 
der Chapter 94C, Section 47 of the General Laws of Mas- 
sachusetts, seize vehicles operated by individuals "deliv- 
ering, dispensing, distributing, importing, or exporting" 
illegal drugs; and 

WHEREAS, Currently, an impounded vehicle may be 
retrieved by its owner at any time as long as there are no 
property-related judicial proceedings. Consequently, drug 
offenders are routinely back in their vehicles and engag- 
ing in the drug trade within twenty-four hours of arrest; 
and 

WHEREAS, Mandatory impoundment of a minimum 
of forty-eight hours would serve as a deterrent to partici- 
pants in the drug trade (i) by inconvenience due to the 
temporary eradication of the vehicle's utility as a mode of 
transport and (ii) by embarrassment due to the hyper-sig- 
nificance of motor vehicles as status symbols; and 

WHEREAS, Mandatory monetary penalties or fees 
of a minimum of three hundred dollars for every vehicle 
impounded pursuant to a drug-involved arrest, and sub- 
sequent dedication of the monies to drug treatment pro- 
grams, would assist Boston officials and Boston programs 
to more effectively combat and treat the lingering drug 
problem plaguing the City of Boston. NOW THERE- 
FORE 

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

Section 1. 

CBC Chapter VL Section 6-6.6 is hereby amended to 
add sub-section (c) as follows: 

CBC 6-6. 6(c) No motor vehicle impounded pursu- 
ant to an arrest for or an arrest related to manufacturing, 
compounding, processing, delivering, dispensing, distrib- 
uting, importing, or exporting of any controlled substance 
in violation of any provision of M.G.L. c. 94C, sections 
32, 32 A, 32B, 32C, 32D, 32E, 32F, 32G, 321, 32J, or 40 or 
otherwise involving possession of a controlled substance, 
purchase of a controlled substance, and/or distribution of 
a controlled substance may be released until (i) forty-eight 
(48) hours have passed from the time of the related arrest, 
(ii) a fine in the amount of three hundred dollars and no 
cents ($300.00) has been paid and evidence of payment 



is presented, and (iii) seizure proceedings, if commenced, 
have been closed. All monies collected pursuant to this 
section shall be dedicated and directed to drug treatment 
programs in the City of Boston. 

Section 2. 

These provisions shall be effective immediately upon 
passage. 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR HEARING TO EXAMINE FEASIBILITY 
OF RECORDING AND BROADCASTING MEET- 
INGS AND HEARINGS OF ZONING BOARD ON 
AUDIOA/IDEO MEDIA (DOCKET NO. 1242) 

Councilors CONSALVO, MCDERMOTT, TOBIN, 
ARROYO, TURNER, HENNIGAN, YANCEY and ROSS 
offered the following: 

WHEREAS: The decisions of the Zoning Board of Ap- 
peals ("ZBA") shape the look and feel of the neighbor- 
hoods of the City of Boston; and 

WHEREAS: The regular meetings of the ZBA are 
conducted on Tuesday mornings; since this occurs during 
regular business hours, many members of the community 
are unable to participate — or even simply observe — the 
decision-making processes that affect their homes and 
their neighborhoods; and 

WHEREAS: In the interest of enhancing the accessi- 
bility of the workings of local government, the proceed- 
ings of the ZBA should be recorded on an audio/video 
media, broadcast on a local cable channel, replayed at 
various times pursuant to a program schedule, and subse- 
quently archived; and 

WHEREAS: Greater exposure to and awareness of the 
processes of the ZBA will promote the community's un- 
derstanding of zoning decisions, prevent misunderstand- 
ings, and reduce Iriction in the neighborhoods. THERE- 
FORE BE IT 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to examine the fea- 
sibility of recording and broadcasting the meetings and 
hearings of the Zoning Board of Appeals on audio/video 
media. Representatives from the Zoning Board of Ap- 
peals, the Mayor's Office of Cable Communications, 
neighborhood/community groups, and other interested 
parties shall be invited to attend. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDINANCE ON UNIVERSITY ACCOUNTABILITY 
(DOCKET NO. 1243) 

Councilors ROSS, MCDERMOTT, TURNER, AR- 
ROYO, HENNIGAN. YANCEY and FLAHERTY offered 
the following: 

CITY OF BOSTON 
IN THE 'YEAR 2004 



UNTVERSITY ACCOUNTABILITY ORDINANCE 

WnEREAS, Students living on a university or col- 
lege campus receive the security and regulatory enforce- 
ment benefits of private security and/or campus police in 
addition to the City of Boston's police services for the 
protection of themselves, their neighborhoods, and their 
property; and 

WHEREAS, Neighborhoods with students living off- 
campus do not receive the security and regulatory en- 
forcement benefits of the school's security and/or police 
officers to protect their health, safety, welfare, or prop- 
erty; and 

WHEREAS, The City of Boston cannot compensate 
for the loss of additional security and regulatory enforce- 



272 



CITY COUNCIL 



ment for students, residents of neighborhoods where stu- 
dents live, and property in neighborhoods where students 
Uve, unless the Boston Police Department knows where 
the off-campus students are located; and 

WHEREAS, Large gatherings of students off-campus 
with an inadequate security and regulatory presence from 
police, or other security services, can contribute to dis- 
orderly conduct such as the riots that recently plagued 
schools around the country, like the large-scale property 
destruction and fatality near Northeastern University af- 
ter Super Bowl XXXVIII in February 2004; and 

WHEREAS, Accurate recording and availability of the 
residences and contact information of off-campus stu- 
dents would allow the Boston Police Department and oth- 
er city agencies to more effectively and efficiently protect 
the health, safety, and welfare of students, neighborhood 
residents, and property. NOW THEREFORE, 

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

CBC Chapter X, Section 10-10 is hereby added: 

10-10 University Accountability Ordinance. 

10-10.1 Purpose. 

Many students live within the campuses of their re- 
spective universities and colleges. These students receive 
the benefit of their school's security or campus police 
services in addition to the City of Boston's police ser- 
vices. Because the schools know where their on-campus 
students live, the schools are better positioned to provide 
the security and regulation enforcement services neces- 
sary to protect students and property in these on-campus 
regions. 

Many other students, however, live outside the cam- 
puses of their respective universities and colleges. When 
schools do not know where their off-campus students 
live, it is more difficult to assess and satisfy off-campus 
security and regulatory enforcement needs. Therefore, it 
is essential for schools within the City of Boston to col- 
lect and maintain records of the local addresses of their 
entire off-campus student population to better provide 
these students and their neighborhoods with the security 
and regulatory enforcement services necessary to protect 
the health, safety, welfare, and property of students and 
neighborhood residents within the City of Boston. 

10-10.2 Definitions. 

Unless specifically indicated otherwise, these defini- 
tions shall apply and control in CBC 10-10. 

(a) BPD means the Boston Police Department or its 
successor. 

(b) City means the City of Boston. 

(c) Commissioner of the Boston Police Department 
means the Commissioner of the Boston Police Depart- 
ment or his/her designee or agent. 

(d) Commissioner of Inspectional Services means the 
Commissioner of the Inspectional Services Department 
or his/her designee or agent. 

(e) Directory means the compilation of names, ad- 
dresses, and telephone numbers gathered by a School in 
compliance with these sections. 

(f) ISD means the Inspectional Services Department 
or its successor, 

(g) School means any post-secondary educational in- 
stitution that provides students with a degree or certifica- 
tion upon completion of a curriculum. 

(h) Student means any person who is enrolled in more 
than half the minimum credits necessary for full-time sta- 
tus, as defined by the college or university at which the 
Student is enrolled. 

10-10.3 Collection of Records - Directory. 

Each and every School within the City of Boston shall 
collect and maintain a Directory of the names, addresses, 
and telephone numbers of all Students enrolled at the 
School. In addition to any other information collected by 
the School, the addresses and telephone numbers collect- 
ed for the purposes of these sections must reflect where 
the Student actually resides and at what phone number the 
student can be reached for the period in which the Student 
resides in the City of Boston. 

Each and every School shall collect the required Direc- 
tory information no less than twice each calendar year 



such that any School on a semester system shall collect 
and update the required Directory information no later 
than thirty (30) calendar days following the first day of 
each semester, and any School on a quarterly system shall 
collect and update the required Directory information no 
later than thirty (30) calendar days following the first day 
of the first quarter of each academic year, and every alter- 
nating quarter of the academic year thereafter. 

Upon collection, all information collected for the Di- 
rectory shall be assembled, organized, and maintained by 
the School in such a way that the required information 
is easily accessible and understandable to anyone who is 
authorized by these sections to access and/or receive the 
information. 

10-10.4 Availability of Records to City Agencies. 

The most current information in the Directory shall, 
within forty-five (45) calendar days of the beginning of 
each semester or quarter that information is gathered, be 
forwarded to the Commissioner of the Boston Police De- 
partment for official use by BPD and the Commissioner 
of Inspectional Services for official use by ISD. 

Upon request, the most current Directory information 
available to the School shall be made accessible to BPD 
and/or ISD for official use during the regular business 
hours of the School unless a public safety or public health 
emergency requires otherwise. 

No person may receive or access information con- 
tained in the Directory unless authorized by these sections 
or another law valid in the City of Boston or the Com- 
monwealth of Massachusetts. 

10-10.5 Applicability. 

If any provision of these sections imposes greater re- 
strictions or obligations than those imposed by any other 
general law, special law, regulation, rule, ordinance, or- 
der, or policy then the provisions of these sections shall 
control. 

10-10.6 Regulatory Authority. 

The Commissioner of Inspectional Services and the 
Commissioner of the Boston Police Department shall 
have the authority to promulgate rules and regulations 
necessary to implement and eiiforce these sections. 

10-10.7 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. 

10-10.8 Implementation. 

The provisions of these sections shall be effective sixty 
(60) calendar days after passage. 

Councilor ARROYO moved that the ordinance be 
amended by adding to section 10-10.3 at the end of the 
first sentence of this paragraph the following clause: 

"as well as a list of all properties currently rented by 
the School for use as student residences under a "Master 
Lease" program or otherwise." 

The motion was carried. 

The ordinance, as amended, was referred to the 
Committee on Government Operations. 



ORDER FOR HEARING TO DISCUSS ISSUES REL- 
EVANT TO REGULATED USES AND OVERALL 
SAFETY OF ROOFTOPS FOR RECREATIONAL 
PURPOSES WITHIN CITY (DOCKET NO. 1244) 

Councilors ROSS, ARROYO and HENNIGAN offered 
the following: 

WHEREAS: Personal outdoor living space is very lim- 
ited in many neighborhoods within the City of Boston; 
and 

WHEREAS: To compensate for this, many Boston res- 
idents have begun the process of erecting rooftop struc- 
tures on top of their buildings to create additional outdoor 
living space for recreational enjoyment; and 

WHEREAS: In light of the recent tragedy in the Bea- 
con Hill neighborhood of the City of Boston, where a 



SEPTEMBER 1, 2004 



273 



woman fell from a rooftop of a friend's apartment build- 
ing; Therefore be it 

ORDERED: That the appropriate Committee of the 
Boston City Council convene a public hearing to discuss 
issues relevant to the regulated uses and overall safety of 
rooftops for recreational purposes within the City of Bos- 
ton; and Be it Further 

ORDERED: That representatives from the Boston In- 
spectional Services Commissioner's Office, the Boston 
Police Commissioner's Office, the Boston Fire Commis- 
sioner's Office and the general public be invited to par- 
ticipate. 

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



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1245) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 28, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
19,2004: 

Marydith Tuitt Administrative Assistant 390.00 part 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1246 ) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 28, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
19,2004: 

Elizabeth A. Blasi Secretary 865.39 fiill time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1247) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 28, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
19, 2004: 

Bemadette Lally Secretary 400.00 part time 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: 
DOCKET NO. 1248) 



'WAR ON DRUGS" 



Councilors TURNER and YANCEY offered the fol- 
lowing: 

Whereas, during the last thirty years, trillions of dol- 
lars have been distributed to federal police agencies, state 
police, and local police throughout the country including 
Boston and its metropolitan region to stop the flow of non 
prescription drugs; and 

Whereas, incarceration for the sale, possession, and 
distribution of these drugs has been a major factor in the 
increase in the number of people in jail from 500,000 in 
1973 to over 2 million today; and 

Whereas, despite the trillions of dollars spent and the 
ever increasing number of people being incarcerated for 
crimes involving nonprescription drugs, the flow of these 
drugs seem to continue unabated into cities and towns 
throughout the country including Boston; and 

Whereas, the continued flow of non prescription drugs 
and arrest of their retailers seems to indicate that despite 
the trillions of dollars spent, our federal, state, and local 



police are unable to arrest the major national and interna- 
tional suppliers and the financial institutions that launder 
their money; and 

Whereas, it appears that drugs are distributed in the 
white communities of Boston by organized crime while 
those same organizations supply it to individuals in com- 
munities of color to create distribution units called gangs; 
and 

Whereas: the drugs and guns being brought into Bos- 
ton's communities of color and method of drug distribu- 
tion has been and continues to be the major source of the 
violence among youth in communities of color; and 

Whereas: statistics indicate that there are 1 million 
men and women of African descent and hundreds of 
thousands of men and women of Latino descent in jails 
throughout the United States, the vast majority for drug 
related crimes; and 

Whereas; billions of dollars continue to be invested in 
the failing effort to stop the flow of drugs while national 
and state funding is critically needed for education, youth 
services, programs, and workers; health services includ- 
ing drug rehabilitation, job training, and public works 
programs, to name only a few critical areas of need; 
Therefore be it 

Ordered, that the appropriate committee of the Boston 
City Council hold a public hearing and invite representa- 
tives of from the offices of: the Federal Drug Enforcement 
Agency; the Federal Bureau of Investigation; Alcohol, To- 
bacco, and Firearms Administration; the Massachusetts 
Secretary of Public Safety; the Massachusetts Secretary 
of Health and Human Services; the Massachusetts State 
Police; the Massachusetts Commissioner of Prisons; the 
Massachusetts Department of Public Health; the Mas- 
sachusetts Attorney General; the Suffolk County District 
Attorney; the Suffolk County Sheriff, and the Commis- 
sioner of the Boston Police Department to address the 
following questions: 

1 ) How much money has been spent nationally on the 
"War on Drugs" since 1993; and in the last ten years? 

2) How much money has been spent in Massachusetts 
on the "War on Drugs" since 1973; and during the last 
ten years? 

3) How many people are in Massachusetts jails on drug 
related crimes today; in Suffolk County jails today? De- 
scribe the demographic percentages by race, age, gender, 
etc. 

4) WTiat is the cost to the state and Suffolk County of 
those who are incarcerated for drug related crimes? 

5) How much money is being spent on drug rehabilita- 
tion by the state in this year's budget? 

6) Is it a fair assessment to say that drugs continue to 
flow into the country, state, and City of Boston despite the 
efforts to stop the flow? 

7) Is it time to admit that the "War on Drugs" has failed 
and that it is time to develop a new and more effective ap- 
proach to the use of drugs in this country? 

Councilor FLAHERTY moved to add in the Ordered 
paragraph after the words "Commissioner of the Boston 
Police Department" the words "and the Commissioner or 
members of the Public Health Commission" 

The motion was carried. 

The order, as amended, was referred to the Com- 
mittee on Health and Human Services. 



ORDER REQUESTING COMMITTEE TO MEMO- 
RIALIZE VETERANS TO PLACE 'VETERANS 
MEMORIAL (HERO) SQUARE AT INTERSEC- 
TION OF DAWES STREET AND EAST COT- 
TAGE STREET IN HONOR OF SGT DANIEL J. 
LONDONO, UNITED STATES ARMY (DOCKET 
NO. 1249) 

Councilors KELLY, FEENEY, FLAHERTY, ARROYO, 
HENNIGAN, MURPHY, YANCEY, SCAPICCHIO, 
TURNER, MCDERMOTT and ROSS offered the follow- 
ing: 



274 



CITY COUNCIL 



WHEREAS, Sgt. Daniel J. Londono, a lifelong 
Dorchester resident who was bom, raised and lived at 
209 East Cottage Street, was killed in action while serv- 
ing with the United States Army fighting the war against 
terrorism in Iraq; and 

WHEREAS, At the time of his death Sgt Londono was 
attached with the 1st Battalion, 504th Infantry Regiment 
in the 82nd Airborne Division and, in addition to serving 
in Iraq, Sgt Londono also served in Kosovo and Afghani- 
stan; and 

WHEREAS. Prior to joining the U.S. Army shortly af- 
ter his eighteenth birthday, Daniel attended Don Bosco 
High School until the school closed, and he later gradu- 
ated from Braintree High School in the year 2000; and 

WHEREAS, Daniel's mother, Iwona Londono, has 
asked that, in memory of her son, an appropriate sign be 
placed at the street comer a mere two doors down fi^om 
the Londono family home: be it therefore 

ORDERED: That the Boston City Council, in meet- 
ing assembled, respectfully requests that The Committee 
to Memorialize Veterans erect a "Hero's Square" marker 
at the comer of Dawes Street and East Cottage Street to 
memorialize, forever, the name Sgt. Daniel J. Londono, 
United States Army. 

The rules were suspended; the order was passed. 



Councilor SCAPICCHIO in the Chair. 



ORDER FOR HEARING RELATIVE TO AVAIL- 
ABILITY OF DETOX FACILITY BEDS IN CITY 
(DOCKET NO. 1250) 

Councilors FLAHERTY, TOBIN, ARROYO, 
MCDERMOTT, HENNIGAN, FEENEY, CONSALVO 
and TURNER offered the following; 

AN ORDER FOR HEARING RELATIVE TO THE 

AVAILABILITY OF DETOX FACILITY BEDS IN THE 

CITY OF BOSTON 

Whereas, For the past several years there has been a 
marked reduction in the number of available beds avail- 
able in facilities in the City of Boston that provide in- 
house detoxification ("detox") services for those addicted 
to drugs and alcohol; AND 

Whereas, There is a direct link between inadequate 
substance abuse treatment and an increase in arrests, 
domestic violence, child abuse, emergency room visits, 
deaths and other public safety and public health problems; 
AND 

Whereas, This is a particular shortage of subsidized 
detox beds for those who are uninsured or underinsured; 
AND 

Whereas, There are no detox facilities in the City of 
Boston that provide services exclusively to women or 
adolescents which represent a growing proportion of the 
population in need of services; AND 

Whereas, The emerging understanding of gender and 
age differences in the handling of substance abuse has 
significant implications on the success of substance abuse 
treatment only highlights the need for facilities that can 
exclusively provide care for women and adolescents; 
AND 

Whereas, The City of Boston, acting through the Bos- 
ton Public Health Commission, does an admirable job at 
providing detox services to Boston residents but is in need 
of greater resources if they are going to meet the growing 
demand; NOW THEREFORE BE IT 

Ordered, That the appropriate committee of the Boston 
City Council conduct a hearing to examine the current 
availability of detox services in the City of Boston, the 
need for additional resources for detox services in the 
City of Boston, and the growing need for detox facilities 
that exclusively care for gender and age specific popula- 
tions; AND BE IT FURTHER 

Ordered, That representatives of the Boston Pub- 
lic Health Commission, the state Department of Public 
Health, and other interested organizations and parties be 
invited to participate. 



Councilor FLAHERTY in the Chair. 



Referred to the Committee on Health and Human 

Services. 



ORDER FOR HEARING TO EXAMINE STATUS OF 
INSTITUTIONAL EXPANSION BOARD CRE- 
ATED BY CBC 10-5 (DOCKET NO. 1251) 

Councilors YANCEY, MCDERMOTT, ARROYO, 
TURNER and HENNIGAN offered the following: 

BE IT ORDERED That the appropriate committee of 
the Boston City Council hold a hearing to examine the 
status of the Institutional Expansion Board created by 
CBC 10-5. 

Referred to the Committee on University-Commu- 
nity Relations. 



ORDER FOR REQUESTING CERTAIN INFORMA- 
TION UNDER SECTION 17F RE: BOSTON RE- 
DEVELOPMENT AUTHORITY (DOCKET NO. 

1252) 

Councilor ARROYO, HENNIGAN and TURNER of- 
fered the following: 

ORDERED: That under the provisions of Section 1 7F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der 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: 

An existing list or newly created document including: 

(1) Currently filled job positions at every division of 
the Boston Redevelopment Authority (including jobs that 
may he classified as Economic Development Investment 
Corporation positions) and; 

(2) the corresponding salary for that job position. 
Passed under suspension of the rules. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND 
GRANT OF $1,829,000 FROM U.S. DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT FY2004 HOUSING OPPORTUNITIES 
FOR PERSON WITH AIDS (DOCKET NO. 1039) 

Councilor YANCEY called Docket No. 1039 fi-om the 
Committee on Housing. 

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

On motion of Councilor YANCEY, the order was 
passed. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND 
FEDERAL FY2004 EMERGENCY SHELTER 
GRANT OF $902,342 FROM U.S. DEPARTMENT 
OF HOUSING AND URBAN DEVELOPMENT 
(DOCKET NO. 1067) 

Councilor YANCEY called Docket No. 1067 from the 
Committee on Housing. 



SEPTEMBER 1, 2004 



275 



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

On motion of Councilor YANCEY, the order was 
passed. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO EXPEND 
FEDERAL FY2003 GRANT OF $342,873 AND 
FEDERAL FY2004 GRANT OF $404,600 FROM 
U.S. DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT FOR AMERICAN DREAM 
DOWNPAYMENT INITIATIVE (DOCKET NO. 
1069) 

Councilor YANCEY called Docket No. 1069 from the 
Committee on Housing. 

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

On motion of Councilor YANCEY, the order was 
passed. 



ORDER AUTHORIZING PUBLIC WORKS DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
$479,500 FOR PERIOD OF FEBRUARY 2004 
THROUGH SEPTEMBER 2006 FROM NORTH- 
EASTERN UNIVERSITY FOR ST BOTOLPH 
STREET IMPROVEMENT PROJECT (DOCKET 
NO. 0879) 

Councilor CONSALVO called Docket No. 0879 from 
the Committee on City and Neighborhood Services. 

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

On motion of Councilor CONSALVO, the order was 
passed. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $25,000 FROM 
CITIZENS BANK AS CHARITABLE CONTRI- 
BUTION TOWARD ENGLISH FOR NEW BOS- 
TONIANS PROJECT OF OFFICE OF NEW BOS- 
TONIANS FOR FISCAL YEAR 2005 PROJECT 
GRANTS (DOCKET NO. 1098) 

Councilor ARROYO called Docket No. 1098 from the 
Committee on New Bostonians. 

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

On motion of Councilor ARROYO, the order was 
passed. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $1,000 FROM 
FLEET BANK AS REIMBURSEMENT FOR EX- 
PENSES INCURRED BY OFFICE OF NEW BOS- 
TONIANS (DOCKET NO. 1099) 

Councilor ARROYO called Docket No. 1099 from the 
Committee on New Bostonians. 

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

On motion of Councilor ARROYO, the order was 
passed. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $1,000 FROM 
SOVEREIGN BANK AS REIMBURSEMENT 
FOR EXPENSES INCURRED BY OFFICE OF 
NEW BOSTONIANS (DOCKET NO. 1 100) 



Councilor ARROYO called Docket No. 1 100 from the 
Committee on New Bostonians. 

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

On motion of Councilor ARROYO, the order was 
passed. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $1,000 FROM 
FLEETBANK OF AMERICA AS REIMBURSE- 
MENT FOR EXPENSES INCURRED BY OFFICE 
OF NEW BOSTONIANS (DOCKET NO. 1 1 1 ) 

Councilor ARROYO called Docket No. 1101 from the 
Committee on New Bostonians. 

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

On motion of Councilor ARROYO, the order was 
passed. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $500 FROM 
BINGHAM, MCCUTCHEN AS REIMBURSE- 
MENT FOR EXPENSES INCURRED BY OFFICE 
OF NEW BOSTONIANS (DOCKET NO. 1 102) 

Councilor ARROYO called Docket No. 1 102 from the 
Committee on New Bostonians. 

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

On motion of Councilor ARROYO, the order was 
passed. 



LATE-FILED MATTERS 

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

No objection being heard, the following matter was 
added. 



ORDER FOR HEARING TO DISCUSS IMPLEMENTA- 
TION AND ASSIGNMENT PROCESS OF SHEL- 
TERED ENGLISH IMMERSION PROGRAMS 
(DOCKET NO. 1266) 

Councilors TOBIN, ARROYO, CONSALVO, HENNI- 
GAN, FEENEY and ROSS offered the following: 

WHEREAS: About 5,800 sUidents (10% of total) 
whose first language is not English are enrolled in pro- 
grams for English Language Learners. Of these, 5,550 are 
enrolled in Sheltered English Immersion (SEI) programs, 
grades 1-12, in seven languages; and 

WHEREAS: All students who are not native English 
speakers- will be tested for English proficiency; and 

WHEREAS: Three schools offer two-way dual lan- 
guage programs, where qualified students whose first 
language is either English or Spanish learn all subjects 
together in both languages; and 

WHEREAS: Based on the current 2004 BPS website, 
there are 265 students whose first language is Spanish and 
350 whose first language is English enrolled in two-way 
bilingual programs; and 

WHEREAS: There are reports of parents and students 
being informed that the two-way dual language class- 
rooms are at capacity; however, there are actually as many 
as a half dozen empty seats; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council conduct a hearing to discuss the 
implementation and assignment process of the Sheltered 
English Immersion programs, in particular, the two-way 
dual language program and invite the appropriate school 



SEPTEMBER 1, 2004 276 



department officials and city agencies to attend. 
Referred to the Committee on Education. 



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 Kathleen "Kay" 
Whelan (Docket No. 1253); Congratulating Ralph DeSte- 
fano (Docket No. 1254). 

Councilor Hennigan: Congratulating Oficina Hispana 
(Docket No. 1255) 

Councilor Tobin: Congratulating the Egleston Square 
Peace Garden (Docket No. 1256). 

Councilor Consalvo: Congratulating Speaker of the 
House Thomas M. Finneran: (Docket No. 1257). 

Councilor Arroyo: Congratulating Parents Helping 
Parents (Docket No. 1258); Congratulating Dorothy 
Bell (Docket No. 1259); Congratulating Kayla Lydgate 
(Docket No. 1260); Congratulating Mario Rodas (Docket 
No. 1261); Congratulating Chao Pan (Docket No. 1262). 

Councilor Turner: Congratulating Mirlene Chery 
(Docket No. 1263). 

Councilor Feeney: Congratulating Bill Cotter (Docket 
No. 1264). 

Councilor Tobin: Congratulating 17 persons for their 
2004 Honorable Mention Entry in the Councilor Tobin 
Holiday Contest (Docket No. 1265). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that the Council adjourn 
today congratulating John and Betsey Barr on the birth of 
their twins and in memory of Mildred Glavin and Maijo- 
rie Irene Connolly O'Reilly, to meet again on Wednesday, 
September 15, 2004 at 1 1:30 a.m. 

The motion was carried. 

Adjourned at 2:10 p.m. on motion of President FLA- 
HERTY to meet again on Wednesday, September 15, 
2004 at 11:30 a.m. 



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



CITY COUNCIL 



277 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 15, 2004 



please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the following documentation.) 
Placed on file. 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:45 
a.m.. President Flaherty in the Chair. Absent, Councilors 
Kelly and Yancey. 

INVOCATION 

Reverend David Rozewski, Roslindale Congregational 
Church, delivered the invocation and the meeting was 
opened with the pledge of allegiance to the flag. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $481,380 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN CITY AND 
PUBLIC LIBRARY PROFESSIONAL STAFF AS- 
SOCIATION (DOCKET NO. 1267) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 14, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Library Department for FY05 in the amount of 
$48 1 ,380 to cover the cost items contained within the col- 
lective bargaining agreement between the City of Boston 
and the Boston Public Library Professional Staff Asso- 
ciation. Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1 , 2004 and ending 
June 30, 2005, the sum of FOUR HUNDRED EIGHTY 
ONE THOUSAND THREE HUNDRED EIGHTY DOL- 
LARS ($481,380) be, and the same hereby is appropri- 
ated as follows, said sum to be met from taxation pursuant 
to Section 23 of Chapter 59 of the General Laws:- Li- 
brary Department 2005-100-110000 Personnel Services 
$481,380. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: STREETLIGHT 
ELECTRICAL BOXES (DOCKET NO. 1268) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13,2004 
To The City Council 
Dear Councilors: 

In response to, the 1 7F request filed by your Honorable 
Body on August 1 1 , 2004 Re: Street light electrical boxes, 



ORDER TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: STRAY VOLTAGE IN 
CITY OF BOSTON (DOCKET NO. 1269) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13, 2004 
To The City Council 
Dear Councilors: 

In response to the 1 7F request filed by your Honorable 
Body on August 1 1 , 2004 Re: Stray voltage in the City of 
Boston, please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the following documentation.) 
Placed on file. 



ORDER TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: STREET AND SIDE- 
WALK REPAIRS MADE BEFORE AND AFTER 
DNC (DOCKET NO. 1270) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13, 2004 
To The City Council 
Dear Councilors: 

In response to the 1 7F request filed by your Honorable 
Body on August 1 1, 2004 Re: Street and sidewalk repairs 
made before and after the DNC, please find the attached 
response. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the following documentation.) 
Placed on file. 



ORDER TRANSMITTING CERTAIN INFORMATION 
UNDER SECTION 17F RE: PUBLIC WORKS DE- 
PARTMENT (DOCKET NO. 1271) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13, 2004 
To The City Council 
Dear Councilors: 

In response to the 1 7F request filed by your Honorable 
Body on August 1 1, 2004 Re: Public Works Department, 
please find the attached response. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 

(Annexed herein is the following documentation.) 
Placed on file. 



278 



CITY COUNCIL 



NOTICE RECEIVED FROM CITY CLERK IN ACCOR- 
DANCE WITH CHAPTER 6 OF ORDINANCE 
OF 1979 RE: ACTIONS TAKEN BY MAYOR ON 
PAPERS ACTED UPON BY CITY COUNCIL AT 
ITS AUGUST II, 2004 MEETING (DOCKET NO. 
1272) 

The following was received: 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 August 1 1, 2004 viz. 

0147 Order authorizing the Office of Consumer Af- 
fairs and Licensing to accept and expend multiple grants 
of $1,000.00 for FY2003, $52,000.00 for FY2004, 
$55,000.00 for FY2005, $55,000.00 for FY2006 and 
$55,000.00 for FY2007, from the Commonwealth of 
Massachusetts Attorney General's Local Consumer Aid 
Fund for the necessary personnel and resources to edu- 
cate and inform the residents of the City with regard to 
their consumer right and responsibilities. 

Approved by the Mayor on August 1 8, 2004. 

0880 Order approving a supplemental appropriation for 
FY04 of $180,000.00 for the Public Health Commission's 
substance abuse initiative - Neighborhoods Organizing 
Against Drugs (NO Drugs). 

Approved by the Mayor on August 18, 2004. 

1041 Order authorizing the Department of Neighbor- 
hood Development to expend a Federal FY2003 Econom- 
ic Development Initiative (EDI) Special Projects grant of 
$447,075.00 and a Federal FY2004 (EDI) Special Proj- 
ects grant of $150,000.00 from the U.S. Department of 
Housing and Urban Development (HUD), for develop- 
ment of low and moderate-income housing and affordable 
housing environmental remediation. 

Approved by the Mayor on August 18, 2004. 

1064 Order authorizing the Department of Neighbor- 
hood Development, to expend a Federal FY2004 Commu- 
nity Development Block grant of $24,265,000.00 from the 
U.S. Department of Housing and Urban Development 

Approved by the Mayor on August 1 8, 2004. 

1068 Order authorizing the Department of Neighbor- 
hood Development, to expend a Federal FY2004 HOME 
Investment Partnerships Program grant of $8,743,255.00 
from the U.S. Department of Housing and Urban Devel- 
opment. 

Approved by the Mayor on August 18, 2004. 

1083 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $3,113,350.00 to provide 
fiinding in various departments for the FY05 cost items 
contained within the collective bargaining agreements 
between the City and the American Federation of State, 
County and Municipal Employees, AFL-CIO, Council 93 
and Locals. 

Approved by the Mayor on August 1 8, 2004. 

1 084 Order approving a supplemental appropriation of 
$3,113,350.00 to cover the cost items contained within 
the collective bargaining agreement between the City and 
the American Federation of State, County and Municipal 
Employees, AFL-CIO, Council 93 and Locals. 

Approved by the Mayor on August 1 8, 2004. 

1085 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $17,100.00 to provide fiind- 
ing in the Graphic Arts Department for the FY05 cost 
items contained within the collective bargaining agree- 
ments between the City and the Graphic Communications 
International Union AFL-CIO, Local 600. 



Approved by the Mayor on August 18, 2004. 

1086 Order approving a supplemental appropriation of 
$17,100.00 to cover the cost items contained within the 
collective bargaining agreements between the City and 
the Graphic Communications International Union AFL- 
CIO, Local 600. 

Approved by the Mayor on August 18, 2004. 

1087 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $1,034,963.00 to provide 
fiinding in the School Department for the FY05 cost items 
contained within the collective bargaining agreements 
between School Committee and the School Custodians' 
Local 1952, Painters and Allied Trades District Council 
#35. 

Approved by the Mayor on August 18, 2004. 

1088 Order to a supplemental appropriation of 
$1,034,963.00 to cover the cost items contained within 
the collective bargaining agreements between the School 
Committee and the School Custodians' Local 1952, Paint- 
ers and Allied Trades District Council #35. 

Approved by the Mayor on August 1 8, 2004. 

1089 Order reduce the appropriation for the Reserve 
for Collective Bargaining by $788,933.00 to provide 
fiinding in the School Department for the FY05 cost items 
contained within the collective bargaining agreements 
between School Committee and the Service Employees 
International Union, Local 888 (Guild). 

Approved by the Mayor on August 1 8, 2004. 

1090 Order approving a supplemental appropriation 
of $788,933.00 to cover the cost items contained within 
the collective bargaining agreements between the School 
Committee and the Service Employees International 
Union, Local 888 (Guild). 

Approved by the Mayor on August 1 8, 2004. 

1091 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $377,945.00 to provide 
fiinding in the Property and Construction Management 
Department for the FY05 cost items contained within the 
collective bargaining agreements between the City and 
the Municipal Police Patrolmen's Association. 

Approved by the Mayor on August 1 8, 2004. 

1092 Order approving a supplemental appropriation of 
$377,945.00 to cover the cost items contained within the 
collective bargaining agreements between the City and 
the Municipal Police Patrolmen's Association. 

Approved by the Mayor on August 1 8, 2004. 

1 093 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $158,082.00 to provide 
funding in the School Department for the FY05 cost items 
contained within the collective bargaining agreements 
between the School Committee and the School Police 
Patrolmen's Association. 

Approved by the Mayor on August 1 8, 2004. 

1094 Order approving a supplemental appropriation 
of $158,082.00 to cover the cost items contained within 
the collective bargaining agreements between the School 
Committee and the School Police Patrolmen's Associa- 
tion. 

Approved by the Mayor on August 1 8, 2004. 

1095 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $80,469.00 to provide fund- 
ing in the School Department for the FY05 cost items 
contained within the collective bargaining agreements 
between the School Committee and Service Employees 
International Union, Local 888 (Professional Employees 
Department of Planning and Engineering). 

Approved by the Mayor on August 18, 2004. 

1096 Order approving a supplemental appropriation 



SEPTEMBER 15, 2004 



279 



of $80,469.00 to cover the cost items contained within 
the collective bargaining agreements between the School 
Committee and Service Employees International Union, 
Local 888 (Professional Employees Department of Plan- 
ning and Engineering). 

Approved by the Mayor on August 1 8, 2004. 

1 1 03 Order to reduce the F Y05 appropriation for the 
Reserve for Collective Bargaining by $1,131,760.00 to 
provide funding in various departments for salary increas- 
es for exempt managers and Mayor's Office employees. 

Approved by the Mayor on August 1 8, 2004. 

1 104 Order approving a supplemental appropriation of 
$1,131,760.00 for FY05 for various departments to cover 
salary increases for exempt managers and Mayors Office 
employees. 

Approved by the Mayor on August 18, 2004. 

1 1 09 Order approving a supplemental appropriation of 
$2,455,000.00 to cover the cost items contained within 
the collective bargaining agreements between the Public 
Health Commission and the Service Employees Inter- 
national Union, Locals 888 representing Coordinators, 
Counselors, Clerical Staff, Programs and Local 2020 
representing Nurses, Exempt Employees, AFSCME Lo- 
cal 787, Steam Firemen and Oilers Local 3, and BPPA 
Emergency Medical Services. 

Approved by the Mayor on August 18, 2004. 



Placed on file. 



Rosaria Salerno, 
City Clerk. 



COMMUNICATION FROM KIRKPATRICK AND 
LOCKHART LLP RE: STATE BUILDING CODE 
APPEAL CITY OF BOSTON PERMIT NO.S 04- 
2746 AND 04-2747 SUBJECT PROPERTY: 530 
ATLANTIC AVENUE (DOCKET NO, 1273) 

Communication was received from Kirkpatrick and 
Lockhart LLP re: State Building Code Appeal City of 
Boston Permit No.s 04-2746 and 04-2747 Subject Prop- 
erty: 530 Atlantic Avenue. 

Placed on file. 



COMMUNICATION RECEIVED FROM WILLIAM J. 
GOOD 111, ACTING COMMISSIONER, INSPEC- 
TIONAL SERVICES DEPARTMENT, REGARD- 
ING THE ANNUAL RENTAL INSPECTION 
PROGRAM REPORT, CBC 9-1.3. (DOCKET NO. 
1274) 

Communication was received from William J. Good 
III, Acting Commissioner, Inspectional Services Depart- 
ment, regarding The Annual Rental Inspection Program 
Report, CBC 9-1.3. 

Placed on file. 



COMMUNICATION FROM SALLY D. GLORA, CITY 
AUDITOR, RE: TRANSFER FOR PURPOSE OF 
CLOSING ACCOUNTS (DOCKET NO. 1275) 

Communication was received from Sally D. Glora re: 
Transfer for the Purpose of Closing Accounts. 
Placed on file. 



LANDMARK (DOCKET NO. 1276) 

Communication was received from the City Clerk 
transmitting a communication from the Boston Land- 
marks Commission for City Council action on the des- 
ignation of the Mission Church Complex, Boston, as a 
Landmark. 

On motion of Councilor Ross, the rules were sus- 
pended, the communication was passed. 



ORDER FOR HEARING RE: STATE OF CROSSWALK 
REPAIR AND PEDESTRIAN SIGNAGE IN CITY 
OF BOSTON (DOCKET NO. 0997) 

Councilor CONSALVO called Docket No. 0997 from 
the Committee on City and Neighborhood Services. 

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

Councilor CONSALVO moved to strike the fifth and 
last "Whereas" and return it to Committee. 

The motion prevailed. 

Docket No. 0997, as amended, was referred back to 
the Committee on City and Neighborhood Services. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND CENTU- 
RY BANK AND TRUST COMPANY FOR PROVI- 
SION OF LOCK BOX SERVICES (DOCKET NO, 
1105) 

Councilor SCAPICCHIO called Docket No. 1105 
from the Committee on Financial Services & Community 
Investment. 

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

On motion of Councilor SCAPICCHIO, the order 
was passed. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND SOVER- 
EIGN BANK OF NEW ENGLAND FOR PROVI- 
SION OF LOCK BOX SERVICES (DOCKET NO. 
1106) 

Councilor SCAPICCHIO called Docket No. 1106 
fi-om the Committee on Financial Services & Community 
Investment. 

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

On motion of Councilor SCAPICCHIO, the order 
was passed. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND CITI- 
ZENS BANK OF MASSACHUSETTS FOR PRO- 
VISION OF LOCK BOX SERVICES (DOCKET 
NO. 1107) 

Councilor SCAPICCHIO called Docket No. 1107 
from the Committee on Financial Services & Community 
Investment, 

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

On motion of Councilor SCAPICCHIO, the order 
was passed. 



COMMUNICATION FROM CITY CLERK TRANS- 
MITTING COMMUNICATION FROM BOS- 
TON LANDMARKS COMMISSION FOR CITY 
COUNCIL ACTION ON DESIGNATION OF 
MISSION CHURCH COMPLEX, BOSTON, AS A 



ORDER AUTHORIZING BOSTON CENTERS FOR 
YOUTHS AND FAMILY TO ACCEPT AND EX- 
PEND GRANTS OF $341,958.48 FROM MAS- 



280 



CITY COUNCIL 



SACHUSETTS DEPARTMENT OF EDUCATION 
FOR PURPOSE OF FUNDING NUTRITION PRO- 
GRAMS AND SERVICES (DOCKET NO. 0939) 

Councilor CONSALVO called Docket No, 0939 from 
the Committee on City and Neighborhood Services. 

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

On motion of Councilor CONSALVO, the order 
was passed. 



ORDER AUTHORIZING BOSTON CENTERS FOR 
YOUTHS AND FAMILY TO ACCEPT AND EX- 
PEND GRANTS OF $1,528,303.65 FROM COM- 
MONWEALTH OF MASSACHUSETTS, OFFICE 
OF CHILD CARE SERVICES FOR PURPOSE OF 
PRESCHOOL AND SCHOOL-AGE BASIC DAY 
CARE SERVICES (DOCKET NO. 0940) 

Councilor CONSALVO called Docket No. 0940 from 
the Committee on City and Neighborhood Services. 

No objection being heard, the matter was befr)re the 
body. 

On motion of Councilor CONSALVO, the order 
was passed. 



ORDER FOR HEARING TO DISCUSS RESULTS OF 
POLLING PLACE ACCESS SURVEY 2004 AND 
CITY'S ONGOING EFFORTS TO ENSURE AC- 
CESSIBILITY FOR DISABLED INDIVIDUALS 
OF BOSTON'S POLLING LOCATIONS (DOCK- 
ET NO. 1278) 

Councilors ARROYO, HENNIGAN and TURNER of- 
fered the following: 

WHEREAS: The State of Massachusetts regulates 
polling accessibility under the Code of Massachusetts 
Regulations (CMR) 950 Section 51.00 titled "Polling 
Place Accessibility for Elderly and Handicapped Voters"; 
and 

WHEREAS: Under 950 CMR Section 5 1 .00, the Mas- 
sachusetts Office on Disability (MOD) conducted site 
surveys of all of the 1488 polling locations throughout 
the state in the first 8 months of 2004; and 

WHEREAS: On August 30, 2004, the Massachusetts 
Office on Disability released it's Polling Place Access 
Survey 2004; and; 

WHEREAS: The results of this survey reportedly 
showed that 151 of the City of Boston's 178 polling loca- 
tions (85%) were in violation of the state's accessibility 
law with just 27 polling locations in compliance ( 1 5%); 
and 

WHEREAS: In response to these findings, Seth Gitell, 
spokesman for Boston Mayor Menino, stated that "The 
elections department and the city have been in discus- 
sions for the last year and have been in the process of cor- 
recting many of these problems already" and stated that 
the bulk of the reported problems would be fixed by the 
September 2004 primary; and 

WHEREAS: The City of Boston held its' primary elec- 
tion on September 14, 2004 and has a scheduled general 
election on November 2, 2004; Therefore be it 

ORDERED: That the Boston City Council hold a 
hearing to discuss the results of the Polling Place Access 
Survey 2004 and the City's ongoing efforts to ensure ac- 
cessibility for disabled individuals at Boston's polling 
locations. Representatives from the Massachusetts Office 
on Disability, the City of Boston Election department, and 
other interested parties will be invited. 

Referred to the Committee on Government Opera- 
tions. 



PERMITTING SPORTS IN BOSTON PARK SYS- 
TEM AND WAYS THAT PERMITTING PROCESS 
MIGHT BE IMPROVED THROUGH CITY ORDI- 
NANCE (DOCKET NO. 1279) 

Councilors ARROYO and TURNER offered the fol- 
lowing: 

WHEREAS: It is the mission of the City of Boston's 
Parks and Recreation Department to maintain accessible 
and well-programmed park land for the City; and 

WHEREAS: In calendar year 2003, the Parks and Rec- 
reation Department's Permit Division reportedly issued 
7,500 permits for sports activities but rejected over 150 
similar requests for use of the City's parks; and 

WHEREAS: In order to ensure equitable access to 
the City's parks, the Permit Division established a "Kid's 
First" policy that prioritizes applications from youth 
leagues, charges additional fees for non-resident leagues, 
requires team rosters with names, home addresses and 
telephone numbers from all adult leagues, and does not 
charge lighting fees for residential youth leagues; and 

WHEREAS: In order to ensure equitable access, the 
Permit Division has a policy that league games have pri- 
ority over practices, requesting game schedules from ap- 
plicants in order to enforce this policy; and 

WHEREAS: Despite these Permit Division regulations 
and the hard work of the two City employees designat- 
ed to oversee park permitting, league officials and oth- 
ers have reported that they have had difficulty obtaining 
needed permits, that space in the parks has been reserved 
for practices and/or that reserved space is not being used 
by the permitted organization at the reserved time; There- 
fore be it 

ORDERED: That the Boston City Council hold a hear- 
ing to discuss the process for permitting sports in the 
Boston Park system and ways that the permitting process 
might be improved through City Ordinance, hiring of ad- 
ditional personnel or otherwise. Representatives from the 
Boston Parks and Recreation Department and other inter- 
ested parties will be invited. 

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



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1280) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Sattirday, September 18. 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, Novem- 
ber 25, 2004: 

Patrick EUard Administrative Assistant 480.76 part 
time 

Kristen M. Franks Administrative Assistant 403.85 
part time 

Passed under suspension of the rules. 



ORDER FOR HEARING TO DISCUSS PROCESS FOR 



REPORT ON ORDER AUTHORIZING CITY TO AC- 
CEPT AND EXPEND GRANT OF $2,000,000 
FROM TRUSTEES OF BOSTON PUBLIC LI- 
BRARY FOR PURPOSE OF ACQUIRING PROP- 
ERTY OF 201 RIVERMOOR STREET IN WEST 
ROXBURY (DOCKET NO. 1198) 

Councilor SCAPICCHIO, on behalf of the Committee 
of Planning and Economic Development, submitted the 
following: 

Report on Docket No. 1 198, message and order autho- 
rizing the City to accept and expend a grant of $2,000,000 
from the Trustees of the Boston Public Library for the pur- 
pose of acquiring the property of 201 Rivermoor Street in 
West Roxbury (referred August 25) - recommending the 
passage of the order. 

The report was accepted; the order was passed. 



SEPTEMBER 15, 2004 



281 



REPORT ON ORDER APPROVING APPROPRIATION 
OF $6,650,000 FOR ACQUISITION OF PROP- 
ERTY OF 201 RIVERMOOR STREET IN WEST 
ROXBURY (DOCKET NO. 1 199) 

Councilor SCAPICCHIO, on behalf of the Committee 
of Planning and Economic Development, submitted the 
following: 

Report on Docket No. 1199, message and order ap- 
proving an appropriation of $6,650,000 for the acquisi- 
tion of property of 201 Rivermoor Street in West Roxbury 
(referred August 25) - recommending the passage of the 
order. 

The report was accepted; the order was passed. 



REPORT ON ORDER APPROVING PETITION FOR 
SPECIAL LAW RE: FUNDING OF SEX OF- 
FENDER REGISTRY IN CITY (DOCKET NO. 
1038) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1038, order approving a petition 
for a special law re: funding of the sex offender registry 
in the City (referred July 14) - recommending passage of 
the order. 

On motion of Councilor Feeney, the report was ac- 
cepted; the order was passed. 



Donald (Docket No. 1290). Recognizing Linda Lambert 
(Docket No. 1291). 

Councilors Yancey, Turner and Arroyo: Congratulat- 
ing Dr. John H. Womack and Deaconess Bertha Womack 
(Docket No. 1292). 

Councilor Arroyo: Congratulating Marthan Eliot 
Health Center (Docket No. 1293); Congratulating Mary 
E. Curley Middle School (Docket No. 1294); Congratti- 
lating Hyde Square Task Force (Docket No. 1295); Con- 
gratulating Family Service of Greater Boston (Docket No. 
1296); Congratulating Egleston Square YMCA of Greater 
Boston (Docket No. 1297); Congratulating Rally (Docket 
No. 1298). 

Councilors Consalvo and Tobin: Congratulating Roger 
Concannon (Docket No. 1299); Congratulating James 
Hagerty (Docket No. 1300); Congratulating Sgt. Detec- 
tive James (Docket No. 1301); Congratulating James 
Kilduflf (Docket No. 1302). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

Adjourned at 1 :05 p.m. on motion of President Fla- 
herty and in memory of Lance Corporal Alexander Ar- 
redondo, Vincent Cronin, Irene Nedono, Francis Haugh, 
Winifred "Tweety" Finn, Bemice Donnelly and George 
Roper, to meet again on Wednesday, September 22, 2004 
at 11:30 a.m. 



ORDER AUTHORIZING POLICE COMMISSION- 
ER TO ACCEPT AND EXPEND GRANT OF 
$30,454.31 FROM COMMONWEALTH OF 
MASSACHUSETTS, EXECUTIVE OFFICE OF 
PUBLIC SAFETY PROGRAMS DIVISION, FOR 
PURPOSE OF SUBCONTRACTING TO ELLA J. 
BAKER HOUSE FOR EXAMINE LIFE PROJECT, 
YOUTH VIOLENCE PREVENTION MENTOR- 
ING PROGRAM (DOCKET NO. 1233) 

Councilor MURPHY called Docket No. 1233 from the 
Committee on Public Safety. 

Hearing no objection, the matter was before the body. 

On motion of Councilor MURPHY, the order was 
passed. 



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



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 the Stratford 
Street United Church (Docket No. 1281). 

Councilors Hennigan, Feeney and Arroyo: Declaring 
September 2004 be known as "Ovarian Cancer Awareness 
Month" (Docket No. 1282). 

Councilor Turner: Congratulating Delphine L. Walker 
(Docket No. 1283). 

Councilor Arroyo: Congratulating Ms. Adeana Reed 
(Docket No. 1284). 

Councilors Yancey, Arroyo, Turner, Hennigan and To- 
bin; Congratulating Carline Chery on Grand Opening of 
L'Essence Art (Docket No. 1285). 

Councilors Yancey, Turner and Arroyo: Congratulat- 
ing Dug Pendarvis, "Godfather" of Boxing (Docket No. 
1286). 

Councilors Turner, Arroyo and Yancey: Congratulat- 
ing Charles H. Lewis (Docket No. 1287); Congratulating 
the Roxbury Kiwanis Club 50th Anniversary (Docket No. 
1288). 

Councilor Scapicchio: Recognizing Virginia "Ginger" 
Ellington (Docket No. 1289); Recognizing Marie Mc- 



282 CITY COUNCIL 



SEPTEMBER 15, 2004 283 



284 CITY COUNCIL 



CITY COUNCIL 



285 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 22, 2004 

Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1 :45 
a.m.. President Flaherty in the Chair. Absent, Councilors 
Murphy and Yancey. 



INVOCATION 



There was a moment of silence and the meeting was 
opened with the pledge of allegiance to the flag. 



President FLAHERTY read the following letter into 
the record: 

Charles C. Yancey 
Boston City Councillor 
September 22, 2004 

Michael Flaherty, 

President Boston City Council 

Boston City Hall 

Boston, MA 02201 

Dear Councillor Flaherty, 

Thank you for respecting my privacy during this past 
week as my family learned that I am fighting a serious 
illness which has resuhed in my hospitalization beginning 
on September 14th 2004. For the first time in 21 years 
I am on sick leave. The good news is that my disease is 
treatable; the bad news is this will take time. My doc- 
tors tell me that treatment may take at least two months. 
I will be hospitalized through November and will then be 
treated on an out patient basis. I am receiving excellent, 
intensive and aggressive care at Brigham and Women's 
Hospital in Boston. 

The business of my office will continue as usual with 
my talented staff to address the needs of my constituents. 
Working with my Chief of Staff, Lynnette Frazier, it is my 
intention to get as much work done as possible during this 
treatment period. I am blessed with a great attentive wife, 
beautiful and mature children, very supportive family and 
friends. I am also privileged to be a member of the Boston 
City Council working with twelve colleagues who work 
hard to represent the interests of Boston residents. I look 
forward to their continued cooperation and understand- 
ing. I would like to participate in formal council meeting 
via teleconferencing. I will be in contact with you, MIS 
and the Cable Office to work out the logistics. 

Charles C. Yancey 

Boston City Councillor 

cc: All Boston City Councillors 



PRESENTATION BY PRESIDENT FLAHERTY 

President Flaherty presented Dana Webber and the 
Leadership for Results graduates who are part of City 
Hall staff with resolutions for their great work and won- 
derful program. 



VISITORS TO CITY HALL 

President FLAHERTY welcomed the New Bostonians 
who were in the Chamber and congratulated them on to- 
day being "New Bostonians Day." 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $2 1 8,890 
FROM UNITED STATES DEPARTMENT OF 
JUSTICE FOR PURPOSE OF TRAINING GANG 
RESISTANCE EDUCATION AND TRAINING 
(G.R.E.A.T) TRAINING OFFICER, TRAINED 
YOUTH SERVICE OFFICERS TEACHING 
G.R.E.A.T CURRICULUM TO PUBLIC SCHOOL 
CHILDREN AND ENGAGfNG CHILDREN IN 
RELATED ACTIVITIES (DOCKET NO. 1303) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13, 2004 
To The City Council 
Dear 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 $218,890.00 from the U.S. Department of 
Justice, Bureau of Justice Assistance, Office of Juvenile 
Justice and Delinquency Prevention. This award is made 
for the purpose of training a Gang Resistance Education 
and Training (G.R.E.A.T.) training officer, trained youth 
service officers teaching the G.RE.A.T. curriculum to 
Boston Public School children, and engaging children in 
G.R.E.A.T. related activities. 

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 purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO ACCEPT AND EXPEND THE GANG RESIS- 
TANCE EDUCATION AND TRAINING PROGRAM 

FUNDS AWARDED BY THE UNITED STATES 

DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE 

ASSISTANCE, OFFICE OF JUVENILE JUSTICE 

AND DELINQUENCY PREVENTION 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53A of chapter 44 of the Massachu- 
setts General Laws to accept the United States Depart- 
ment of Justice, Bureau of Justice Assistance, Office of 
Juvenile Justice and Delinquency Prevention award not to 
exceed the amount of Two Hundred Eighteen Thousand 
Eight Hundred and Ninety Dollars ($218,890.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO ACCEPT AND EXPEND GRANT OF $10,000 
FROM GOVERNOR'S HIGHWAY SAFETY BU- 
REAU FOR PURPOSE OF REDUCING SAFETY 
BELT VIOLATION THROUGH ENFORCING 
SEAT-BELT USAGE AND OCCUPANT PROTEC- 
TION AS PART OF STATE CLICK-IT-OR-TICK- 
ET CAMPAIGN (DOCKET NO. 1304) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 9, 2004 
To The City Council 
Dear 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 $10,000.00 from the Governor's Highway 
Safety Bureau. This award is made for the purpose of re- 
ducing safety belt violations through enforcing seat-belt 
usage and occupant protection as part of the State Click- 



286 



CITY COUNCIL 



it-or Ticket campaign. 

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 purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOS- 
TON TO ACCEPT AND EXPEND THE TRAFFIC 
ENFORCEMENT FUNDS AWARDED BY THE 
GOVERNOR'S HIGHWAY SAFETY BUREAU 

ORDERED: That the Police Commissioner, acting on 
behalf of the City of Boston be, and hereby is authorized, 
pursuant to section 53A of chapter 44 of the Massachu- 
setts General Laws, to accept the Governor's Highway 
Safety Bureau award not to exceed the amount of Ten 
Thousand Dollars ($10,000.00). 

Referred to the Committee on Public Safety. 



ORDER AUTHORIZING ASSESSING DEPARTMENT 
TO ACCEPT GRANT OF $2,250 FROM HIQ 
COMPUTER FOR 15 SURPLUS PRINCETON 
COMPUTER MONITORS (DOCKET NO. 1305) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 14, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order au- 
thorizing the Assessing Department, acting on behalf of 
the City of Boston, to accept a donation of fifteen (15) 
surplus Princeton computer monitors of a total value not 
to exceed two thousand two hundred and fifty dollars 
($2,250.00), from HiQ Computers to he utilized to con- 
duct the business of the department. 

I urge your Honorable body to approve this order ex- 
peditiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, the Commissioner of Assessing, act- 
ing on behalf of the City of Boston, be and hereby is au- 
thorized to accept a donation of fifteen (15) surplus Princ- 
eton computer monitors of a total value not to exceed two 
thousand two hundred and fifty dollars $2,250.00), pursu- 
ant to section 53 A of chapter 44 of the General laws, from 
HiQ Computers to be utilized to conduct the business of 
the department. 

Referred to the Committee on Way and Means. 



ORDER APPROVING TRANSFER OF SURFACE 
RIGHTS UNDER CONTROL OF PUBLIC IM- 
PROVEMENT COMMISSION (PLC.) FOR 
PURPOSE OF DISCONTINUED STREET PAR- 
CEL TO SALE PARCEL AND AUTHORIZING 
SALE PARCEL FO SUCH SURFACE RIGHTS 
LOCATED ON COMMERCIAL STREET, 
BOSTON PROPER (DOCKET NO. 1306) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 13,2004 
To The City Council 
Dear Coimcilors: 

I transmit herewith for your approval an Order trans- 



ferring 42.1 1 square feet of air rights under the control 
of the Public Improvement Commission (PLC.) from 
purpose of discontinued street parcel to sale parcel and 
authorizing the sale of such air rights located on Com- 
mercial Street, Boston Proper. 

That portion of Commercial Street shovra on a plan 
of land entitled "City of Boston, Public Works Depart- 
ment, Engineering Division, Discontinuance Plan Verti- 
cal, Commercial Street, Boston Proper" was discontin- 
ued by vote of the PLC. on July 22, 2004. The P.I.C. has 
determined that these air rights are no longer needed for 
highway purposes. This Order also provides for the sale 
of the parcel. 

I lu-ge your Honorable Body to approve this Order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G.L. c. 40, § 15A, that 
portion of Commercial Street discontinued by vote of the 
Public Improvement Commission on July 22, 2004, and 
shown on a plan of land entitled "City of Boston, Public 
Works Department, Engineering Division, Discontinu- 
ance Plan Vertical, Commercial Street, Boston Proper," 
shall be, and the same hereby is, transferred fi-om purpose 
of discontinued street parcel to sale parcel. 

IT IS FURTHER 

ORDERED; That the Mayor, acting on behalf of the 
Public Improvement Commission and pursuant to the 
authority granted to him under St. 1948, c. 452 § 17E, 
as amended by St. 1966 c. 642, § 14, be, and is hereby 
authorized to convey said air rights by a Release Deed, in 
form satisfactory to the Corporation Counsel, that portion 
of Commercial Street discontinued by vote of the Public 
Improvement Commission on July 22, 2004, and shown 
on a plan of land entitled "City of Boston, Public Works 
Department, Engineering Division, Discontinuance Plan 
Vertical, Commercial Street, Boston Proper." 

Referred to the Committee on Aviation and Trans- 
portation. 



COMMUNICATION FROM CITY CLERK OF FIL- 
ING BY BRA OF "SECOND REPORT AND 
DECISION AMENDMENT FOR COUNCIL OF 
ELDERS HOUSING CHAPTER 121 A PROJECT 
(DOCKET NO. 1307) 

To the City Council 
Dear Councilors: 

In compliance with the order passed by your Honor- 
able Body December 6, 1 976, this is to inform you that 
the following was filed by the Boston Redevelopment Au- 
thority with the City Clerk on September 16, 2004. 

"Second Report and Decision Amendment for Coimcil 
Of Elders Housing, Chapter 121 A Project. " 
Respectfiilly, 

John Kyper, 
Acting Asst. City Clerk. 
Placed on file. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY CITY 
COUNCIL AT ITS AUGUST 25, 2004 MEETING 
(DOCKET NO. 1308) 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1 979, I 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 August 25, 2004 viz. 

0724 Order authorizing the Office of the Mayor to ac- 
cept and expend a grant of $25,000.00 from the KeySpan 
Energy Delivery, for the purposes of inventory and as- 
sessment of City's integrated energy management plan. 



SEPTEMBER 22, 2004 



287 



Approved by the Mayor on August 27, 2004. 

1 1 83 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $1,621,360.00 to provide 
fiinding in various departments for the FY05 cost items 
contained within the collective bargaining agreements be- 
tween the City and the Service Employees International 
Union, Local 888, Clerical Technical Unit. 

Approved by the Mayor on August 27, 2004. 

1 1 84 Order approving a supplemental appropriation of 
$1,621,360.00 to cover the cost items contained within 
the collective bargaining agreement between the City and 
the Service Employees International Union, Local 888, 
Clerical Technical Unit. 

Approved by the Mayor on August 27, 2004. 

1 1 85 Order to reduce the appropriation for the Re- 
serve for Collective Bargaining by $311,855.00 to pro- 
vide funding in Boston Centers for Youth and Families 
for the FY05 cost items contained within the collective 
bargaining agreements between the City and the Service 
Employees International Union, Local 888, Boston Cen- 
ter for Youth and Families. 

Approved by the Mayor on August 27, 2004. 

1 1 86 Order approving a supplemental appropriation of 
$31 1,855.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
City and the Service Employees International Union, Lo- 
cal 888, Boston Center for Youth and Families. 

Approved by the Mayor on August 27, 2004. 

1 1 87 Order to reduce the appropriation for the Re- 
serve for Collective Bargaining by $35,835.00 to provide 
funding in Elderly Commission for the FY05 cost items 
contained within the collective bargaining agreements be- 
tween the City and the Service Employees International 
Union, Local 888, Elderly Commission. 

Approved by the Mayor on August 27, 2004. 

1188 Order approving a supplemental appropriation 
of $35,835.00 to cover the cost items contained within 
the collective bargaining agreement between the City and 
the Service Employees International Union, Local 888, 
Elderly Commission. 

Approved by the Mayor on August 27, 2004. 

1 1 89 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $61,275.00 to provide fund- 
ing in the Property and Construction Management De- 
partment for the FY05 cost items contained within the 
collective bargaining agreements between the City and 
the Service Employees International Union, Local 888, 
DND. 

Approved by the Mayor on August 27, 2004. 

1 1 90 Order approving a supplemental appropriation 
of $61,275.00 to cover the cost items contained within 
the collective bargaining agreement between the City and 
the Service Employees International Union, Local 888, 
DND. 

Approved by the Mayor on August 27, 2004. 

1 191 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $587,192.00 to provide 
funding in the Library for the FY05 cost items contained 
within the collective bargaining agreements between 
the City and the American Federation of State, County 
and Municipal Employees, AFL-CIO, Coimcil 93, Local 
1526. 

Approved by the Mayor on August 27, 2004. 

1 1 92 Order approving a supplemental appropriation 
of $587,192.00 to cover the cost items contained within 
the collective bargaining agreement between the City and 
the American Federation of State, County and Municipal 
Employees, AFL-CIO, Council 93, Local 1526. 

Approved by the Mayor on August 27, 2004. 



1 193 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $46,630.00 to provide fund- 
ing for the Police Department for the FY05 cost items 
contained within the collective bargaining agreements be- 
tween the City and the Boston Police Cadets Association. 

Approved by the Mayor on August 27, 2004. 

1 1 94 Order approving a supplemental appropriation of 
$46,630.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Boston Police Cadets Association. 

Approved by the Mayor on August 27, 2004. 

1195 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $58,800.00 to provide fund- 
ing in. Property and Construction Management Depart- 
ment for the FY05 cost items contained within the col- 
lective bargaining agreements between the City and the 
Municipal Police Superior Officers Association. 

Approved by the Mayor on August 27, 2004. 

1 1 96 Order approving a supplemental appropriation of 
$58,800.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Municipal Police Superior Officers Association. 

Approved by the Mayor on August 27, 2004. 

1 1 97 Order approving a supplemental appropriation of 
$85,830.00 for the Inspectional Services Department for 
FY05 to cover the cost items contained within the col- 
lective bargaining agreement between the City and the 
Office and Professional Employees International Union, 
AFLCIO, Local 6 (OPEIU). 

Approved by the Mayor on August 27, 2004. 

1203 The Constable's Bonds of Carroll Allston, John 
G. Consolo, Joseph Digirolamo, Pred Ellis Jr., Eugene W. 
Hamilton, Henderson T Headley, Peter P. Kenny, Prank A. 
Porter, Charles MBA, Gregory L. Williams 

Approved by the Mayor on September 14, 2004 



Placed on file. 



John Kyper, 

Acting Assistant City Clerk. 



REPORT ON ORDER FOR HEARING ON NUTRI- 
TION EDUCATION CURRICULUM AND STAFF 
TRAINING IN PUBLIC SCHOOLS (DOCKET 
NO. 0374) 

Councilor TOBFN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0374, order for a hearing on the 
nutrition education curriculum and staff training in pub- 
lic schools (referred March 3) recommending the order 
ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING ON PUBLIC 
SCHOOLS PHYSICAL EDUCATION PRO- 
GRAMS (DOCKET NO. 0375) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0375, order for a hearing on 
the public schools physical education programs (referred 
March 3) - recommending the order ought to be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING ON PUBLIC 



288 



CITY COUNCIL 



SCHOOLS AFTER SCHOOL ATHLETIC PRO- 
GRAMS (DOCKET NO. 0376) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0376, order for a hearing on the 
public schools after-school athletic programs (referred 
March 3) - recommending the order ought to be placed 
on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON ORDER FOR HEARING WITH SCHOOL 
DEPARTMENT TO DISCUSS THEIR INTEN- 
TIONS FOR STUDYING FEASIBILITY OF 
PRIVATIZING THE SCHOOLS' CENTRAL 
FOOD FACILITY (DOCKET NO. 0596) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0596, order for a hearing with 
the School Department to discuss their intentions for 
studying feasibility of privatizing the schools' Central 
Food Facility (referred April 28) - recommending the or- 
der ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



REPORT ON RESOLUTION THAT CITY COUNCIL 
GOES ON RECORD IN OPPOSITION TO ANY 
ATTEMPTS TO PRIVATIZE THE SCHOOLS' 
CENTRAL FOOD FACILITY (DOCKET NO. 
0625) 

Councilor TOBIN, on behalf of the Committee on Edu- 
cation, submitted the following: 

Report on Docket No. 0625, resolution that the City 
Council goes on record in opposition to any attempts to 
privatize the schools' Central Food Facility (referred April 
28) - recommending the order ought to be placed on file. 

The report was accepted; the order was placed on 
file. 



ORDER FOR HEARING TO REVIEW COST AND 
FEASIBILITY OF IMPLEMENTING AND IN- 
STALLING GLOBAL POSITIONING SYS- 
TEM ON ENTIRE FLEET OF SCHOOL BUSES 
(DOCKET NO. 1309) 

Councilors TOBIN, ARROYO, FLAHERTY, FEE- 
NEY, HENNIGAN, KELLY and MCDERMOTT offered 
the following: 

WHEREAS: First Student Inc. is the contracted bus 
operator and management company for the Boston School 
Department; and 

WHEREAS: The City of Boston owns the entire fleet 
of school buses in the City of Boston; and 

WHEREAS: Safety is the Boston School Department 
and First Student Inc.'s absolute highest priority regarding 
student transportation; and 

WHEREAS: A global positioning system provides the 
ability to track a school bus's location, speed and direc- 
tion, showing the date and time of each trip, therefore 
increasing the safety of every student who travels to and 
from school on a city owned school bus; and 

WHEREAS: School systems in Florida, Missouri, 
New Jersey, San Francisco, and Indiana have already 
implemented global positioning system to enhance safety 
for the children who travel on their school buses; and 

WHEREAS: School districts in Polk County, Florida 
have reported that the installation of a global positioning 
system has helped to reduce transportation costs by let- 
ting officials closely track bus drivers' activities; There- 



fore be it ordered 

ORDERED: That the appropriate Boston City Council 
committee conduct a hearing to review the cost and feasi- 
bility of implementing and installing a global positioning 
system on the entire fleet of Boston Public School buses 
and invite representatives from the Boston Public School 
Department, First Student Inc., and any other interested 
agency. 

Referred to the Committee on Education. 



ORDER APPROVING PETITION FOR SPECIAL LAW 
RE: PUBLIC SAFETY IN CITY (DOCKET NO. 
1310) 

Councilors SCAPICCHIO, MCDERMOTT, CON- 
SALVO, KELLY, FLAHERTY and TOBIN offered the 
following: 

HOME RULE PETITION 

WHEREAS, In many neighborhoods throughout the 
City, the burgeoning presence of criminal street gang 
members in public places threatens the safety of law-abid- 
ing persons; and 

WHEREAS, One of the methods by which gangs es- 
tablish control over public spaces is by loitering in those 
spaces and creating a climate of intimidation that discour- 
ages law-abiding citizens from entering those areas; and 

WHEREAS, Loitering in public places by criminal 
street gang members imperils the safety of persons and 
property in the area because of the drug-dealing, violent 
assaults, robberies, and vandalism that accompany the es- 
tablished presence of such groups; and 

WHEREAS, Members of gangs avoid arrest by com- 
mitting no offense punishable under existing laws when 
they know police are present, while maintaining control 
over public areas through their continued loitering; and 

WHEREAS, Current laws do not effectively deal with 
problems posed by gang loitering as their enforcement is 
predicated on the willingness of residents to testify against 
gang members and drug dealers. Faced with comparable 
circumstances, the City of Somerville responded with the 
passage of an anti-loitering law granting the Somerville 
Police Department the authority to more effectively ad- 
dress criminal gang activity; and 

WHEREAS, The Boston City Council seeks to protect 
the safety and welfare of the residents of, and visitors to, 
Boston's vibrant and diverse neighborhoods and endeav- 
ors to provide the Boston Police Department with the leg- 
islative authority needed to preserve the City's streets and 
other public places so that Boston's residents and visitors 
may use such places without fear. THEREFORE BE IT 

ORDERED, That a petition to the General Court, ac- 
companied by a bill for a special law relating to the City 
of Boston to be filed with an attested copy of this order 
be, and hereby is, approved under Clause 1 of Section 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 SPECL\L LAW RE: 
PUBLIC SAFETY IN THE CITY OF BOSTON 

Section 1. Purpose. 

The burgeoning presence of street gang members in 
public places has alarmed intimidated, and scared many 
law-abiding persons. Loitering in public places by crimi- 
nal street gang members, a method for intimidating law- 
abiding persons and asserting control over identifiable 
areas, creates fear for the safety of persons and property 
in the area because of the violence, including unaccept- 
ably high rates of drive-by shootings, drug-dealing, and 
vandalism often associated with such activity. Members 
of criminal street gangs avoid arrest by committing no 
offense punishable under existing laws when they know 
police are present, while maintaining control over iden- 
tifiable areas by continued loitering for criminal activity 
when they know police are absent. This Act provides the 



SEPTEMBER 22, 2004 



289 



Boston Police Department with the legislative authority 
that it needs to protect the public safety and re-open and 
preserve the City's streets and other public places so that 
Boston's residents and visitors may use such places with- 
out fear. 

Section 2. Definitions. 

Unless specifically indicated otherwise, the following 
definitions shall apply and control in this Act. 

"Criminal gang activity" shall mean an adjudication by 
reason of or a conviction for one ( 1 ) or more of the fol- 
lowing offenses if the offense was committed by two (2) 
or more persons or by an individual at the direction of, 
or in association with, any criminal street gang, with the 
specific intent to promote, further, or assist in any crimi- 
nal conduct by gang members: murder; manslaughter; 
assault; assault and battery; indecent assault and battery 
on a child under fourteen ( 14) years of age; assault and 
battery to collect a loan; assault and battery upon a public 
employee; indecent assault and battery on a mentally re- 
tarded person; commission of a felony for hire; indecent 
assault and battery on a person fourteen ( 14) years of age 
or older; assault or assault and battery on an emergency 
medical technician, ambulance operator, or ambulance 
attendant; assault and battery upon a child; assault and 
battery upon an elderly or disabled person; mayhem; as- 
sault with the intent to murder or maim; assault and bat- 
tery with a dangerous weapon; assault and battery with a 
dangerous weapon on a victim sixty (60) years of age or 
older; assault with a dangerous weapon on a victim sixty 
(60) years of age or older; attempt to murder; armed rob- 
bery; assault with intent to rob or murder; assault with a 
dangerous weapon in a dwelling house; use of firearms 
while committing a felony; entry of a dwelling place with 
persons present within; robbery by unarmed person; as- 
sault with intent to rob; stealing by confining or putting 
in fear; assault or confinement of a person for the pur- 
pose of stealing a motor vehicle; rape; rape of a child; 
rape or abuse of a child; assault with the intent to commit 
rape; assault of a child with the intent to commit rape; 
attempted extortion; kidnapping; kidnapping of a minor 
or incompetent by a relative; drugging persons by kid- 
napping; use of poison with intent to injure; assault with 
intent to commit a felony; assault or battery for purpose 
of intimidation by using weapons; coercion of child under 
eighteen (18) years of age into criminal conspiracy; burn- 
ing or aiding in burning of a dwelling house; burning or 
aiding in burning of a meeting house; burglary; armed 
burglary; assaulting occupants while committing bur- 
glary or armed burglary; unarmed burglary; breaking and 
entering; breaking and entering at night; breaking and en- 
tering in the day time; breaking and entering with the use 
of or possession of weapons; breaking and entering into 
a dwelling house; larceny by stealing from a victim sixty 
five (65) years of age or older; larceny; carrying danger- 
ous weapons; possession of a machine gun or sawed-off 
shotgun; possession of a large capacity weapon or large 
capacity feeding device or; possession or carrying of a 
firearm in violation of the General Laws or any violation 
of chapter 94C of the General Laws or an offense similar 
to an offense included in this definition in violation of the 
laws of another state, the United States, or a military, ter- 
ritorial, or Indian tribal authority. 

"Criminal street gangs" shall mean any ongoing orga- 
nization, association-in-fact or group of three (3) or more 
persons, whether formal or informal, having as one (1) 
of its substantial activities the commission of one (1) or 
more of the criminal acts enumerated in the definition of 
"criminal gang activity" and whose members individually 
or collectively engage in or have engaged in a pattern of 
criminal gang activity. 

"Gang loitering" shall mean one who, with the intent 
to fiirther the common purpose or existence of a criminal 
street gang: (i) engages in conduct with the intent to con- 
trol identifiable areas which renders such areas impass- 
able without unreasonable inconvenience or hazard; (ii) 
threatens to commit a crime; (iii) defaces real or personal 
property in violation of section 126A of chapter 266 of 
the General Laws; (iv) intimidates another; or (v) engages 
in disorderly behavior or a breach of the peace. 



"Intimidate" shall mean putting in fear for the purpose 
of compelling or deterring conduct. 

"Pattern of criminal gang activity" shall mean two (2) 
or more acts of criminal gang activity, of which at least 
two (2) such acts were committed within five (5) years 
of each other 

"Public place" shall mean a public way or any other 
location open to the public, whether publicly or privately 
owned. 

Section 3. Designation and Enforcement. 

The commissioner of the Boston police department 
shall by written directive designate areas of the city of 
Boston for enforcement of this Act is necessary because 
gang loitering has enabled criminal street gangs to estab- 
lish control over identifiable areas, to intimidate others 
fi-om entering those areas, or to conceal illegal activities. 
Prior to making a determination under this section, the 
commissioner of the Boston police department shall con- 
sult with persons who are knowledgealsle about the extent 
and/or effects of gang activity in areas in which this Act 
may be enforced. Such persons may include, but not be 
limited to, members of the Boston police department with 
special training or experience related to criminal street 
gangs, other personnel of the Boston police department 
with particular knowledge of gang activities in the pro- 
posed designated area, elected and appointed officials of 
the area, and community-based organizations. The com- 
missioner of the Boston police department shall develop 
and implement written procedures for the periodic review 
and updating of designations made under this Act. 

Any police officer that observes members of a criminal 
street gang engaged in gang loitering in any public place 
designated for the enforcement of this Act shall, subject 
to all applicable procedures promulgated by the commis- 
sioner of the Boston police department: (i) inform such 
criminal street gang members that they are engaged in 
gang loitering within an area in which loitering by groups 
containing criminal street gang members is prohibited, (ii) 
order all such criminal street gang members to disperse 
and remove themselves from within sight and hearing of 
the place at which the order is issued, (iii) inform those 
criminal street gang members engaged in gang loitering 
that they will be subject to arrest if they fail to promptly 
obey the order or if they engage in further gang loitering 
within sight or hearing of the place at which the order is 
issued during the next three (3) hours. 

Section 4. Gang Advisory Board. 

The city of Boston shall create a gang advisory board 
which shall consist of a representative of the city of Bos- 
ton Human Rights Commission to be chosen by such 
commission, a member of the professional standaids 
office of the Boston police department to be chosen by 
the commissioner of the Boston police department, the 
corporation counselor his/her designee, a Boston city 
councillor selected by the Boston city council, and three 
(3) representatives of the community, at least two (2) of 
whom shall be minority representatives, selected by the 
mayor of the city of Boston and confirmed by the Boston 
city council to serve for a two (2) year term. 

The gang advisory board shall confer with the com- 
missioner of the Boston police department regarding the 
establishment of the written procedures set forth in this 
Act and shall provide recommendations for the training 
of police personnel regarding implementation of this Act, 
including issues raised as a result of complaints, if any. 
The gang advisory board may make recommendations to 
the mayor of the city of Boston regarding policies and 
procediu'es to address gang issues. 

Section 5. Procedures and Regulations. 

The commissioner of the Boston police department 
shall, by written directive, promulgate procedures to pre- 
vent the enforcement of this section against persons who 
are engaged in activities that are protected by the Con- 
stitution of the United States or the Constitution of the 
Commonwealth of Massachusetts. 

The commissioner of the Boston police department 
shall, by written directive, promulgate procedures to iden- 
tify current members of criminal street gangs for updating 
criminal street gang records regularly including, but not 



290 



CITY COUNCIL 



limited to, removing former members of criminal street 
gangs from such lists. The commissioner of the Boston 
police department shall promulgate regulations to ensure 
that any required notices under this act are provided in a 
language reasonably calculated to be understood by the 
alleged violator. 

Section 6. Penalties. 

Any person who fails to promptly obey an order issued 
under Section 3, or who engages in further gang loitering 
within sight or hearing of the place at which such order 
was issued during the three-hour period following the 
time an order to disperse was issued, shall be punished by 
a fine of not less than one hundred dollars ($100) and not 
more than five hundred dollars ($500) or imprisonment in 
the house of correction for not more than six (6) months 
or by both such fine and imprisonment. A second or sub- 
sequent offense shall be punished by a minimum manda- 
tory sentence of not less than five (5) days imprisonment 
in the house of correction. 

Section 7. Forfeiture Proceedings, 

Any property subject to forfeiture pursuant to section 
47 of chapter 94C of the General Laws shall be subject to 
civil forfeiture if used in any manner or part, to commit 
or to facilitate a violation of this act. Civil forfeiture pro- 
ceedings shall be governed by the procedures contained 
in said section 47 of chapter 94C of the General Laws, 
except that the final order of the court shall provide that 
the proceeds of the sale of any conveyance, real property, 
moneys, or other things of value forfeited under a court 
order shall be used to pay the reasonable expenses of 
forfeiture proceedings, including the cost of storage and 
custody, and the balance shall be distributed to the police 
department of the city of Boston. 

Section 8. Severability. 

If any provision of this act or the application of such 
provision to any person or circumstance shall be held 
invalid, the validity of the remainder of this act and the 
applicability of such provision to other persons or circum- 
stances shall not be affected thereby. 

Section 9. Implementation. 

This act shall take effect upon passage. 

Referred to the Committee on Government Opera- 
tions. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1131) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, September 25, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, Novem- 
ber 25, 2004: 

Melissa A Finn Secretary 350.07 part time 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: CHANGES IN BANK- 
ING INDUSTRY THAT ALLOW CHECKS TO 
BE CASHED AND PROCESSED FASTER AND 
LEARN MORE ABOUT THESE CHANGES AND 
AVOID ANY NEGATIVE CONSEQUENCES 
THAT COULD IMPACT BOSTONIANS WHO 
ARE NOT AWARE THAT THEIR CHECKS ARE 
BEFNC PROCESSED QUICKER (DOCKET NO. 
1312) 

Councilors HENNIGAN, TURNER, YANCEY, of- 
fered the following: 

WHEREAS: There have been a number of changes in 
the banking industry that allow checks to be cashed and 
processed faster. Although these changes will result in 
quicker service and payment, Bostonians could be nega- 
tively impacted if they are unaware of the changes; and 

WHEREAS: One of the changes is Check Clearing for 
the 21st Century Act (Check 21), which will become ef- 
fective on October 28, 2004. Check 21 is a federal law 



that is designed to enable banks to handle more checks 
electronically, which should make check processing faster 
and more efficient; and 

WHEREAS: The other change, which is already been 
in effect and continues to spread, but may not be well 
known, is Electronic check conversion. Electronic check 
conversion is a process in which your check is used as a 
source of information-for the check number, your account 
number, and the number that identifies your financial in- 
stitution. The information is then used to make a one-time 
electronic payment from your account-an electronic ftrnd 
transfer; and 

WHEREAS: With Check 21 and Electronic check 
conversion, checks will be processed faster and be paid 
sooner, which is why its important that Bostonians are 
aware of the changes so they have enough money in their 
accounts to cover the checks they write at the time they 
write them and avoid any negative consequences (i.e. 
bouncing, insufficient fund fee, etc.); therefore be it 

ORDERED: That the Boston City Council's Commit- 
tee on Financial Services & Community Investment hold 
a hearing to allow the council and the public the opportu- 
nity to learn more about these changes and avoid any neg- 
ative consequences that could impact Bostonians who are 
not aware that their checks are being processed quicker. 

Referred to the Committee on Financial Services 
and Community Investments. 



ORDER FOR HEARING RE: TO ASSESS MOST RE- 
CENT ELECTION, EXPLORE WAYS TO COR- 
RECT ANY PROBLEMS IN THE END AND EN- 
SURE PREPARATIONS ARE BEING MADE TO 
ENSURE UPCOMING PRESIDENTIAL ELEC- 
TION GOES SMOOTHLY (DOCKET NO. 1313) 

Councilors HENNIGAN, TURNER, YANCEY, FLA- 
HERTY and ARROYO offered the following: 

WHEREAS: A number of issues at various polling sta- 
tions around the city has been brought to our attention; 
and 

WHEREAS: It is important to prepare for the Presi- 
dential Election by reviewing the last election for any 
problems that might have occurred or could occur in the 
next election, such as ensuring the polls are adequately 
staffed and voters, who have not voted since the last presi- 
dential election, are educated on how to use the new ma- 
chines; therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council convene a hearing with the City of 
Boston's Election Department to assess the most recent 
election, explore ways to correct any problems in the end, 
and ensure preparations are being made to ensure the up- 
coming Presidential elections go smoothly. 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR HEARING RE: REINSTATEMENT OF 
BIKE CZAR POSITION (DOCKET NO. 1314) 

Councilors HENNIGAN, SCAPICCHIO, ROSS and 
FEENEY offered the following: 

WHEREAS: Many cyclists say Boston has the poten- 
tial to be a great biking city, maybe one of the greatest in 
the country, due to its compact size, young population, 
and urban parklands; and 

WHEREAS: In a recent report, the Boston Metropoli- 
tan Planning Organization predicted that within 20 years, 
there would be about 1 million more vehicle trips every 
day clogging up Massachusetts roadways, which is an in- 
crease of 10 percent from current levels; and 

WHEREAS: In 1999, a Bicycle Advisory Committee 
produced a plan to improve life for Boston cyclists and a 
commitment was made to the Boston City Council that 
a bike czar would be hired to carry out the plan, which 



SEPTEMBER 22, 2004 



291 



included extending bike paths and making Boston "s noto- 
riously perilous streets more welcoming to cyclists; and 

WHEREAS: Although the bike czar was hired in 1999, 
the position was eliminated 5 years later due to budget 
constraints, which has left the city's potential to be a great 
biking city without leadership or direction; therefore be 
it 

ORDERED: That the appropriate committee of the 
Boston City Council convene hearing to discuss the re- 
instatement of the bike czar position so that the plan the 
Bicycle Advisory Committee produced and the city's po- 
tential to be a great biking city can be achieved. 

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



ORDER FOR HEARING TO IDENTIFY AND ASSESS 
POTENTIAL SHORT AND LONG-TERM IM- 
PACTS RESULTING FROM SUSPENSION AND 
OR TERMINATION OF SOCIAL SERVICE PRO- 
GRAMS OPERATING IN PARISHES SCHED- 
ULED TO CLOSE (DOCKET NO. 1 3 1 5 ) 

Councilors SCAPICCHIO, FLAHERTY, TOBIN, 
ARROYO, MCDERMOTT, CONSALVO, FEENEY and 
HENNIGAN offered the following: 

WHEREAS: The Archdiocese of Boston has an- 
nounced its intention to close eighty two (82) Boston-area 
parishes beginning in the fall of 2004 including eight (8) 
parishes located in the City of Boston; and 

WHEREAS: These eight parishes have, for many 
years, offered meeting space to non-profit and charitable 
organizations that administer programs serving families, 
children, people in-need, and people at-risk regardless of 
religious affiliation or faith. These programs include food 
pantries, substance abuse recovery programs, after school 
activities for families, and children and counseling for 
victims of domestic abuse; and 

WHEREAS: The shuttering of parishes threatens to 
terminate these essential programs. Such action would 
devastate individuals recovering from substance abuse, 
needy families that rely on food pantry distributions, and 
school-aged children participating in after-school activi- 
ties; and 

WHEREAS: Pastors, parishioners, and concerned 
neighbors have attempted, without success, to engage the 
Archdiocese in an active dialogue regarding ways to miti- 
gate the anticipated impacts caused by the displacement 
of charitable organizations that have operated in parish 
meeting space. Moreover, no known provision has been 
made to ensure the uninterrupted delivery of services and 
continuous support to those in need. THEREFORE BE 
IT 

ORDERED: That the Boston City Council holds a hear- 
ing to identify and assess potential short- and long-term 
impacts resulting from the suspension and/or termination 
of social service programs operating in parishes sched- 
uled to close and determine what measures can be taken 
to ensure the uninterrupted delivery of essential services 
to those in need and that representatives from the Archdio- 
cese of Boston, the Mayor's Task Force on Church/School 
Closings, affected charitable organizations, and relevant 
government agencies are invited to attend. 

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



ORDER APPROVING A PETITION FOR A SPECIAL 
LAW RE: RETIREMENT OF ROBERT WELBY 
(DOCKET NO. 0336). 

Councilor FEENEY called Docket No. 0336 fi-om the 
Committee on Government Operations. 

Hearing no objection, the matter was before the body. 

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



LATE-FILED MATTERS 

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

No objection being heard, the following matters 
were added: 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. I33I ) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, September 1 8, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, Novem- 
ber 25, 2004: 

Deirdre McDermott Secretary 615.39 fiill time 

Passed under suspension of the rules. 



ORDER FOR HEARING RE: SAFETY OF BICY- 
CLISTS IN CITY (DOCKET NO. 1332) 

Councilors MCDERMOTT, CONSALVO, HENM- 
GAN, ARROYO, FLAHERTY, FEENEY and TURNER 
offered the following: 

WHEREAS: Thousands of Bicyclists traverse the 
streets of Boston everyday; and 

WHEREAS: Motor vehicle operators, pedestrians and 
Bicyclists must share the road in a responsible and courte- 
ous manner; therefore be it 

ORDERED: That the appropriate committee of the 
City Council hold a hearing to determine what steps can 
be taken to increase, the safety of Bicyclist in the City of 
Boston and bring about better education and awareness 
with regard to how bicyclists, pedestrians and motor ve- 
hicles interact on the city's roadways. 

Referred to the Committee on Neighborhood Ser- 



ORDER FOR HEARING RE: INVESTIGATING SAFE- 
TY STANDARDS OF FLOOR SANDING AND 
REFINISHING TRADE (DOCKET NO. 1333) 

Councilors TURNER, YANCEY, FEENEY, MCDER- 
MOTT and ARROYO offered the following: 

ORDER CALLING FOR HEARINGS TO INVES- 
TIGATE SAFETY STANDARDS OF THE FLOOR 
SANDING AND REFINISHING TRADE IN THE 
CITY OF BOSTON 

WHEREAS: Two Boston workers died recently from 
injuries they sustained in an explosion and fire while re- 
finishing a stairwell in which they were using fast-drying, 
solvent-based sealants and polyurethane; and 

WHEREAS: Many solvent-based products used in the 
installation and finishing of hardwood floors are often 
highly flammable and/or combustible and pose significant 
risks of fires and explosions; and 

WHEREAS: The use of these products in enclosed and 
poorly ventilated areas may cause a significant build-up 
of vapors, to a point where sparks or open flames can ig- 
nite the vapors, causing fires or explosions; and 

WHEREAS: Solvents in lacquer, which are heavier 
than air and which sink to the floor, can even be ignited 
by a spark from a fan motor being used to blow the deadly 
fiimes outside; and 

WHEREAS: Some workers in the floor sanding and 
refinishing trade may be untrained about the hazards of 
using these highly-flammable products without adequate 
ventilation within the same vicinity as potential ignition 
sources such as cigarettes, gas pilots, or electrical circuit 



292 



CITY COUNCIL 



breakers; and 

WHEREAS: Prolonged and repeated exposure to high 
levels of these vapors may produce both acute and chronic 
adverse health effects, and sufficient absorption of these 
products through the skin could lead to adverse systemic 
health effects; and 

WHEREAS: The provision of adequate product-spe- 
cific training for the use of solvent-based products, the 
use of respirators, the use of less flammable or non-flam- 
mable and non-combustible products and the use of less 
toxic products could prevent both short-term and long- 
term adverse effects in workers; and 

WHEREAS: The floor sanding and refinishing trade, 
according to media accounts, is unregulated in the City of 
Boston, which is host to nearly 150 registered floor refin- 
ishing businesses; Be It Therefore 

ORDERED: That the Boston City Council hold a pub- 
lic hearing to determine if Boston should take measures to 
regulate the floor sanding and refinishing trade to prevent 
fiirther injuries in the City of Boston; and Be it Further 

ORDERED: That representatives of the floor sand- 
ing and refinishing industry, Viet-AID in Dorchester, 
the Boston Public Health Commission, the Boston Fire 
Department, the state Executive Office of Public Safety, 
federal Occupational Safety and Health Administration, 
and the general public be invited to attend and testify at 
this hearing. 

Referred to the Committee on Health and Human 
Services. 



ORDER FOR HEARING TO EXPLORE STEPS THAT 
HAVE AND ARE BEING TAKEN TO ENSURE 
THAT BUSINESSES AND RESIDENTS ARE 
ENSURED CONTRACTS AND WORK RELAT- 
ED TO THE DEMOCRATIC NATIONAL CON- 
VENTION AND THAT WOMEN AND MINOR- 
ITY-OWNED BUSINESSES ARE GIVEN DUE 
CONSIDERATION IN AWARD OF CONTRACTS 
(DOCKET NO. 0168) 

Councilor FEENEY called Docket No. 0168 from the 
Committee on Boston 2004. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FEENEY, the rules were 
suspended; the order was placed on file. 



Councilor FEENEY called Docket No. 0759 fi-om the 
Committee on Boston 2004. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FEENEY, the rules were 
suspended; the order was placed on file. 



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 5 persons on winning 
the Mayor Menino's 2004 Garden Contest (Docket No. 
1316). 

Councilor Murphy: Declaring September 18, 2004 to 
be Steven and Susan Tolman Day (Docket No. 1317). 

Councilor Feeney: Congratulating Saint Brendan's Se- 
niors Club (Docket No. 1318). 

Councilors Arroyo, Turner and Yancey: Congratulating 
St. John Missionary Baptist Church (Docket No. 1319); 
Congratulating Deacon Sylvester Murray (Docket No. 
1320). 

Councilors Yancey, Arroyo and Turner: Congratulating 
James M. Claiborne (Docket No. 1321); Congratulating 
Ekran Marabou Television Program (Docket No. 1322). 

Councilor Flaherty: Congratulating Eddie Wyman 
(Docket No. 1323); Congratulating The Performing Art- 
ists of the International Concert (Docket No. 1324). 

Councilor McDermott; Congratulating Paula E. 
Posnick (Docket No. 1325). 

Councilors Turner, Arroyo and Yancey: Congratulating 
National Braille Press (Docket No. 1326). 

Councilor Kelly: Congratulating Emma MacLeod 
Neill (Docket No. 1327). 

Councilor Feeney: Congratulating Catherine Clark 
Apartments (Docket No. 1328); Congratulating Thomas 
Acton Fitzgerald (Docket No. 1329). 

Councilor Arroyo: Congratulating Hugo Rafael Chavez 
Frias (Docket No. 1330). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 



ORDER FOR HEARING TO EXPLORE STEPS THAT 
HAVE AND ARE BEING TAKEN TO ENSURE 
THAT PLANNERS OF 2004 DEMOCRATIC 
NATIONAL CONVENTION UTILIZE SOUND 
ENVIRONMENTAL PRACTICES WHENEVER 
POSSIBLE IN MAKING DECISION ABOUT ALL 
ASPECTS OF EVENT (DOCKET NO. 0169) 

Councilor FEENEY called Docket No. 0169 from the 
Committee on Boston 2004. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FEENEY, the rules were 
suspended; the order was placed on file. 



Adjourned at 1:30 p.m. on motion of Councilor 
Flaherty in memory of Peter Carrasquillo and with well 
wishes for a healthy and speedy recovery to our colleague 
and friend Charles Yancey to meet on Wednesday, Sep- 
tember 29, 2004 at 1 1 :30 a.m. 



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



ORDER FOR HEARING RE: SECURITY AT CON- 
VENTION 2004 (DOCKET NO. 0240) 

Councilor FEENEY called Docket No. 0240 fi-om the 
Committee on Boston 2004. 

Hearing no objection, the matter was before the body. 

On motion of Councilor FEENEY, the rules were 
suspended; the order was placed on file. 



ORDER FOR HEARING RE: CLOSURE OF ROADS 
DURING 2004 DEMOCRATIC NATIONAL CON- 
VENTION (DOCKET NO. 0759) 



CITY COUNCIL 



293 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, September 29, 2004 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:35 
a.m., President Flaherty in the Chair. Absent, Councilors 
Feeney, Scapicchio and Yancey. 



INVOCATION 



Reverend Albert Dilanni delivered the invocation and 
the meeting was opened with the pledge of allegiance to 
the flag. 



The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an order approving the provisions 
of the collective bargaining agreement between the City of 
Boston and the United Steel Workers of America, SENA 
Local 9158-F (Boston Centers for Youth and Families). 
There are no salary scale increases included in the agree- 
ment for FY05, tiierefore a supplemental appropriation 
is not necessary. In lieu of base wage increases in FY04 
and FY05, substitution of the current salary scale for the 
salary scale used by city wide SENA was agreed upon. 
The substitution will be effective the first pay period in 
October of 2005. As a result, salary increases associated 
with this contract will occur in FY06 and will be included 
in the budget submission for that year. 

I respectfully request your support of this order. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



PRESENTATION BY PRESIDENT FLAHERTY 

President Flaherty presented Josh Fulton with a resolu- 
tion and congratulated him for his work with Teen Chal- 
lenge which helps young men and women in recovery 
from drugs and alcohol. 



ORDERED: That the provisions of the collective bar- 
gaining agreement between the City of Boston and the 
United Steel Workers of America, SENA Local 9158-F 
(Boston Centers for Youth and Families) beginning July 1 , 
2003 and ending June 30, 2006 be approved. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER AUTHORIZING BOSTON CENTERS FOR 
YOUTH AND FAMILIES TO ACCEPT AND 
EXPEND GRANT OF $247,000 FOR MAIN- 
TAINENCE AND OPERATION OF JAMES M. 
CURLEY RECREATION CENTER (DOCKET 
NO. 1334) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an order authorizing the City of 
Boston, acting through Boston Centers for Youth and 
Families to accept and expend a grant in an amount not to 
exceed $247,000 for the maintenance and operation of the 
James M. Curley Recreation Center. This grant is being 
awarded to the City by the Massachusetts Department of 
Recreation and Conservation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the City of Boston, acting by and 
through its Boston Centers for Youth and Families depart- 
ment, be and hereby is, authorized to accept and expend, 
in accordance with Section 53 A of Chapter 44, MGL, an 
amount not to exceed Two Hundred Forty Seven Thou- 
sand Dollars, ($247,000) from the Commonwealth of 
Massachusetts Department of Conservation and Recre- 
ation, to be used for the operation and maintenance of the 
James M. Curley Recreation Center. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING PROVISION OF COLLECTIVE 
BARGAINING AGREEMENT BETWEEN CITY 
AND UNITED STATES WORJCERS OF AMERI- 
CA, SENA LOCAL 9158-F (DOCKET NO. 1335) 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $133,437 FOR PUBLIC HEALTH COM- 
MISSION FOR FY05 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN PUBLIC 
HEALTH COMMISSION AND UNITED STEEL 
WORKERS OF AMERICA, SENA LOCAL 9158 
(DOCKET NO. 1336) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for the Public Health Commission for FY05 in the 
amount of $133,437 to cover the cost items contained 
within the collective bargaining agreement between the 
Public Health Commission and the United Steel Workers 
of America, SENA Local 9158. 

I respectfully request your support of this supplemen- 
tal appropriation for the Public Health Commission. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expens- 
es of the Public Health Commission in the fiscal period 
commencing July 1, 2004 and ending June 30, 2005, 
the sum of ONE HUNDRED THIRTY THREE THOU- 
SAND FOUR HUNDRED THIRTY SEVEN DOLLARS 
($133,437) be, and the same hereby is appropriated, said 
sum to be met from taxation pursuant to Section 23 of 
Chapter 59 of the General Laws: - 2005-100-620100- 
56200 Public Health Commission $133,437. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



294 



CITY COUNCIL 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $2 1 ,700 FOR INSPECTIONAL SERVIC- 
ES DEPARTMENT FOR FY05 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENT BETWEEN CITY 
AND INTERNATIONAL BROTHERHOOD OF 
ELECTRICAL WORKERS, LOCAL 103 (DOCK- 
ET NO. 1337) 

The following was received: 

City Of Boston 
Office of the Mayor 

September 28, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for the Inspectional Services Department for FY05 in 
the amount of $21,700 to cover the cost items contained 
within the collective bargaining agreement between the 
City of Boston and the International Brotherhood of Elec- 
trical Workers, Local 103 (IBEW). Funding for the costs 
of FY03 and FY04 will be charged to reserves established 
for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1, 2004 and ending 
June 30, 2005, the sum of TWENTY ONE THOUSAND 
SEVEN HUNDRED DOLLARS ($21,700) be, and the 
same hereby is appropriated as follows, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - Inspectional Services Department 
2005-100-260000 Personnel Services. $21,700 . 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER FOR HEARING TO DISCUSS FORMATION 
OF TASK FORCE TO ESTABLISH AND INSTl- 
TIUTE RECOMMENDATIONS OF NATIONAL 
FIRE PROTECTION ASSOCIATION (NFPA) 1600 
AND TO ENSURE PRIVATE SECTOR BUSI- 
NESSES WITHIN CITY ARE HELD TO SET OF 
STANDARDIZED REGULATIONS (DOCKET 
NO. 1338) 

Councilors MURPHY and MCDERMOTT offered the 
following: 

WHEREAS: The 9/1 1 Commission has recently pub- 
lished its final report and provided the Federal Govern- 
ment with many recommendations to further ensure the 
safety of the citizens of the United States of America; 
and 

WHEREAS: We the people of the City of Boston must 
heed these findings and begin implementing them at the 
local level as soon as possible; and 

WHEREAS: The 9/11 Commission found that com- 
munication problems and a lack of evacuation plans ham- 
pered rescue efforts in the World Trade Center; and 

WHEREAS: The Commission says it's now focused on 
improving private-sector emergency preparedness, as well 
as the integration of the fire and police command system 
and communications within and between agencies; and 

WHEREAS: Members of the Commission also 
stressed the importance of having nationwide standards 
for both the government and private sector in preparing 
for future attacks; and 

WHEREAS: Since 9/1 1, the public safety agencies in 
the City of Boston have expended tremendous effort and 
expense in order to meet the new challenges of these dan- 



gerous times; and 

WHEREAS: As the recent Democratic National Con- 
vention displayed, the public safety agencies in the City of 
Boston have developed a tremendous capacity to prevent 
and deal with potential emergencies; and 

WHEREAS: It is time for the private sector to heed 
these recommendations and ensure its readiness to con- 
tribute to the safety of all by adopting one major recom- 
mendation put forward by the Commission which to this 
point, has not been fully acted upon by the Bush adminis- 
tration, NFPA 1600; and THEREFORE BE IT 

ORDERED: That the Committee on Public Safety hold 
hearings to discuss the formation of a task force to estab- 
lish and institute the recommendations of NFPA 1600 and 
ensure that private sector businesses within the City of 
Boston are held to a set of standardized regulations which 
would, not only, increase the ability to deal with disasters, 
but also, to deter them fi'om happening in the first place. 

Referred to the Committee on Public Safety. 



ORDER FOR HEARING RE: SCHOOL TRANSPOR- 
TATION (DOCKET NO. 1339) 

Councilors TURNER, FLAHERTY, KELLY, AR- 
ROYO,. HENNIGAN, CONSALVO and TOBIN offered 
the following: 

WHEREAS: One of the major arguments for returning 
to a neighborhood based school assigrmient system has 
focused on lowering the cost of transportation; and 

WHEREAS: The School Assignment Task Force has 
proposed a plan for increasing the number of zones for 
elementary school students to six; and 

WHEREAS: The Walk-2-School organization has pro- 
posed an alternative neighborhood based school assign- 
ment system with 1 00% walk zone preference; and 

WHEREAS: There has been no financial assessment of 
the transportation costs associated with either plan; and 

WHEREAS: The School Committee Chairperson, Dr. 
Reilinger has indicated that a decision will be made in 
November regarding the student assignment system for 
school year 2005-201)6; and 

WHEREAS: It would be irresponsible to make a deci- 
sion that may change the student assignment system with- 
out an assessment of transportation costs; 

Therefore be it 

ORDERED: That the appropriate committee of the 
City Council hold a hearing with officials of the School 
Department to discuss the potential transportation costs 
of the two proposed plans, with the assumptions that stu- 
dents already in schools would be able to complete their 
course of smdy where presently enrolled and that sibling 
preference would be maintained. 

Councilor TURNER moved to remove the word "ma- 
jor" in the first "Whereas." The motion prevailed. 

Referred to the Committee on Education. 



ORDER FOR HE ARTNG TO DISCUSS WHAT WOULD 
BE NECESSARY TO DEVELOP CIVICS CUR- 
RICULUM THAT WOULD BE REQUIRED DUR- 
ING HIGH SCHOOL YEARS (DOCKET NO. 
1340) 

Councilors TURNER, ARROYO, HENNIGAN. MUR- 
PHY, ROSS, TOBIN and FLAHERTY offered the follow- 
ing: 

WHEREAS: Education as a youth is a key element in 
preparing adults for civic participation; and 

WHEREAS: The School Department instituted this 
year a mandatory course for eighth graders on civics; 
and 

WHEREAS: There is no required course on civic par- 
ticipation after the eighth grade year; and 

WHEREAS: High school should be viewed as a con- 
tinuous opportunity for reinforcing the fundamentals of 



SEPTEMBER 29, 2004 



295 



civics learned in the eighth grade; Therefore be it 

ORDERED: That the appropriate committee of the 
City Council invite representatives of the School Depart- 
ment to discuss what would be necessary to develop a 
civics curriculum that would be required during the high 
school years. 

Referred to the Committee on Education. 



APPOFNTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1341) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, September 25, 2004, 
the following named person be, and hereby is, appointed 
to the position set against their name until Friday, Decem- 
ber 17, 2004: 

Shannon D. Moore Secretary 165.00 part time 

Passed under suspension of the rules. 



The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

Adjourned at 12:05 p.m. on motion of President Fla- 
herty and in memory of Edward Martin, Ann McDonald 
and Jim Kinneally, to meet again on Wednesday, October 
6, 2004 at 11:30 a.m. 



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



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1342) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, October 2, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, December 
17,2004: 

Lorraine E. Fowlkes Secretary 942.31 full time 
Paulette L. Tillery Secretary 519.24 923.08 full time 
Angela S. Yarde Administrative Asst. 480.77 full time 
Calvin Feliciano Secretary 480.77 fiill time 
Passed under suspension of the rules. 



ORDER FOR CONFIRMATION OF APPOINTMENT 
OF NANCY NORMAN AS MEMBER OF BOS- 
TON PUBLIC HEALTH COMMISSION FOR 
TERM EXPIRING JANUARY 1, 2007 (DOCKET 
NO. 1236) 

Councilor CONSALVO, called Docket No. 1236 from 
the Committee on Health and Human Services. 

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

On motion of Councilor CONSALVO, 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 Scapicchio: Congratulating Linda Lambert 
(Docket No. 1343); Congratulating Virginia "Ginger" El- 
lington (Docket No. 1344). 

Councilor Feeney: Congratulating Pat and Ann Tum- 
ilty (Docket No. 1345). 

Councilors Arroyo, Turner and Yancey: Congratulating 
Silvia Perez (Docket No. 1346). 

Councilors Yancey, Turner and Arroyo: Congratulating 
Sadie Burton-Goss (Docket No. 1 347); Congratulating 1 1 
persons on their outstanding community services (Docket 
No. 1348). 

Councilor Flaherty: Congratulating Jerry and Martha 
O'Ablemont (Docket No. 1349). 

Councilors Flaherty and Feeney: Congratulating Com- 
mander Jack Davis (Docket No. 1350). 

Councilor Scapicchio: Recognizing Alberta Dixon 
(Docket No. 1351). 

Councilor Tobin: Congratulating Sister Anne Mary 
Donahue (Docket No. 1352); Congratulating Sister Vir- 
ginia Kelleher (Docket No. 1353). 



296 CITY COUNCIL 



JLA^^ / ': f / '■ 






CITY COUNCIL 



* i' ^ / 



213 



CITY OF BOSTON 



0^ 



:^ 



Proceedings of City Council 



Wednesday, July 14,2004 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 11:40 
a.m.. President Flaherty in the Chair. 



INVOCATION 



Reverend Joseph T. Bennett, S. J., delivered the invoca- 
tion and the meeting was opened with the pledge of al- 
legiance to the flag. 



PRESENTATION BY COUNCILOR YANCEY 

Councilor YANCEY presented a resolution to the 
Thomas Middleton for his great work in keeping Franklin 
Park Golf Course alive when no one really had any inter- 
est in it over the past forty years. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$21,000 TO PROVIDE FUNDING IN GRAPHIC 
ARTS DEPARTMENT FOR FY05 COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN CITY AND 
COMMERCIAL DIVISION 67 OF BOSTON 
NEWSPAPER PRINTING PRESSMEN'S UNION 
LOCAL 3 (DOCKET NO. 1021) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $2 1 ,000 to provide fiinding in the Graphic Arts 
Department for the FY05 cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and the Commercial Division 67 of the Boston News- 
paper Printing Pressmen's Union Local 3. 

I respectfully request your favorable action on this im- 
portant matter. 

Very truly yours, 

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, 2004 and ending June 30, 2005, be reduced by the 
following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $21,000 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



MERCIAL DIVISION 67 OF BOSTON NEWSPA- 
PER PRINTING PRESSMEN'S UNION LOCAL 3 
(DOCKET NO. 1022) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Graphic Arts Department for FY05 in the amount 
of $21,000 to cover the cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and Commercial Division 67 of the Boston Newspa- 
per Printing Pressmen's Union Local 3. A supplemental 
order for FY04 was filed on June 29, 2004 that covered 
the first year of the contract. A public hearing was held on 
that order on July 7th. As we now have an FY05 budget 
in place, it is necessary to transfer funding to the Graphic 
Arts Department to fund the FY05 costs as well 

As originally presented to you, the FY05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 
creases. A separate order has been filed to reduce that ap- 
propriation to support this supplemental request. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: 

That in addition to the appropriations heretofore made, 
to meet the current operating expenses for the Graphic 
Arts department in the fiscal period commencing July 1 , 
2004 and ending June 30, 2005, the sum of TWENTY 
ONE THOUSAND DOLLARS ($21,000) be, and the 
same hereby is appropriated as follows, said sum to be 
raised from taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - 

Graphic Arts Department 2005-100-145200-51000 
$21,000 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $2 1 ,000 TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN CITY AND COM- 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$873,243 TO PROVIDE FUNDING IN SCHOOL 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COMMIT- 
TEE AND BOSTON ASSOCIATION OF SCHOOL 
ADMINISTRATORS (BASIS) (DOCKET NO. 
1023) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 13,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective 
Bargaining by $873,423 to provide funding in the School 
Department for the FY05 cost items contained within 
the collective bargaining agreement between the School 
Committee of the City of Boston and the Boston Associa- 
tion of School Administrators and Supervisors (BASAS). 
I respectfiiUy request your favorable action on this im- 
portant matter. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



214 



CITY COUNCIL 



ORDERED: 

That the appropriation heretofore made, to meet the 
current operating expenses in the fiscal year commencing 
July 1 , 2004 and ending June 30, 2005, be reduced by the 
following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $873,423 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $873,243 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND BOSTON ASSOCIATION OF 
SCHOOL ADMINISTRATORS (BASAS) (DOCK- 
ET NO. 1024) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 13,2004 
To The City Coimcil 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Public Schools for FY05 in the amount of 
$873,423 to cover the cost items contained within the col- 
lective bargaining agreement between the School Com- 
mittee of the City of Boston and the Boston Association 
of School Administrators and Supervisors (BASAS). A 
supplemental order for FY04 was filed on June 29, 2004 
that covered the first year of the contract. A public hear- 
ing was held on that order on July 7th As we now have an 
FY05 budget in place, it is necessary to transfer fiinding 
to the School Department to fiind the FY05 costs as well. 

As originally presented to you, the F Y05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fiand projected collective bargaining in- 
creases. A separate order has been filed to reduce that ap- 
propriation to support this supplemental request. 

I respectfully request your support of this supplemen- 
tal appropriation for the Boston Public Schools. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: 

That in addition to the appropriations heretofore made, 
to meet the current operating expenses of the School De- 
partment in the fiscal period commencing July 1, 2004 
and ending June 30, 2005, the sum of EIGHT HUN- 
DRED SEVENTY THREE THOUSAND FOUR HUN- 
DRED TWENTY THREE DOLLARS ($873,423) be, 
and the same hereby is appropriated, said sum to be met 
fi-om taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: - 

School Department $873,423 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



REPORT ON ORDER TO REDUCE APPROPRIATION 
FOR RESERVE FOR COLLECTFVE BARGAIN- 
ING BY $377,840 TO PROVIDE FUNDING IN 
SCHOOL DEPARTMENT FOR COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND BOSTON ASSOCIATION OF 
SCHOOL ADMINISTRATORS AND SUPERVI- 
SORS (BASAS) (DOCKET NO. 0986) 

On motion of Councilor ROSS, Docket No. 0986 was 
taken out of order. 



Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0986, order to reduce the ap- 
propriation for the Reserve for Collective Bargaining by 
$377,840 to provide funding in the School Department 
for the cost items contained within the collective bargain- 
ing agreement between the School Committee and the 
Boston Association of School Administrators and Super- 
visors (BASAS) (referred June 30) recommending pas- 
sage of the order 

On motion of Councilor ROSS, the report was ac- 
cepted; the order was passed. 



REPORT ON ORDER APPROVING SUPPLEMEN- 
TAL APPROPRIATION OF $377,840 TO COVER 
COST ITEMS CONTAINED WITHIN COLLEC- 
TIVE BARGAINING AGREEMENT BETWEEN 
SCHOOL COMMITTEE AND BOSTON ASSOCI- 
ATION OF SCHOOL ADMINISTRATORS AND 
SUPERVISORS (BASAS) (DOCKET NO. 0987) 

On motion of Councilor ROSS, Docket No. 0987 was 
taken out of order. 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0987, order approving appro- 
priation of $377,840 to cover cost items contained within 
the collective bargaining agreement between the School 
Committee and the Boston Association of School Ad- 
ministrators and Supervisors (BASAS) (referred June 30) 
recommending passage of the order. 

On motion of Councilor ROSS, the report was ac- 
cepted; the order was passed. 



REPORT ON ORDER TO REDUCE APPROPRIA- 
TION FOR RESERVE OF COLLECTIVE BAR- 
GAINING BY $13,000 TO PROVIDE FUNDING 
IN GRAPHIC ARTS DEPARTMENT FOR COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENT BETWEEN CITY 
AND COMMERCIAL DIVISION 67 OF BOSTON 
NEWSPAPER PRINTING PRESSMEN'S UNION 
LOCAL 3 (DOCKET NO. 0988) 

On motion of Councilor ROSS, Docket No. 0988 was 
taken out of order 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0988, order to reduce appropria- 
tion for the Reserve of Collective Bargaining by $13,000 
to provide funding in the Graphic Arts Department for 
the cost items contained within the collective bargaining 
agreement between the City and Commercial Division 67 
of Boston Newspaper Printing Pressmen's Union Local 3 
(referred June 30) recommending passage of the order. 

On motion of Councilor ROSS, the report was ac- 
cepted; the order was passed. 



REPORT ON ORDER APPROVING SUPPLEMENTAL 
APPROPRIATION OF $13,000 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENT BETWEEN CITY 
AND COMMERCIAL DIVISION 67 OF BOSTON 
NEWSPAPER PRINTING PRESSMEN'S UNION 
LOCAL 3 (DOCKET NO. 0989) 

On motion of Councilor ROSS, Docket No. 0989 was 
taken out of order. 

Councilor ROSS, on behalf of the Committee on Ways 
and Means, submitted the following: 

Report on Docket No. 0989, order approving supple- 
mental appropriation of $13,000 to cover cost items 
contained within the collective bargaining agreement be- 
tween the City and Commercial Division 67 of Boston 



JULY 14, 2004 



215 



Newspaper Printing Pressmen's Union Local 3 (referred 
June 30) recommending passage of the order. 

On motion of Councilor ROSS, the report was ac- 
cepted; the order was passed. 



ORDER APPROVING ISSUANCE OF TAX EXEMPT 
REFUNDING BONDS IN PRINCIPAL AMOUNT 
NOT TO EXCEED $20,000,000 FROM BOSTON 
INDUSTRIAL DEVELOPMENT FINANCING 
AUTHORITY (BIDFA) FOR PROJECT OF THIRD 
SECTOR NEW ENGLAND (DOCKET NO. 1025) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 21, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order to ap- 
prove the issuance of a tax-exempt bond(s) in a principal 
amount not to exceed $20,000,000. The Boston Industrial 
Development Financing Authority (BIDFA)'s Board of 
Directors, acting pursuant to the provisions of Chapter 
40D of the Massachusetts General Laws, adopted a favor- 
able resolution with respect to the financing or refinanc- 
ing of, or the reimbursement of funds advanced by Third 
Sector New England, Inc. (the "Borrower", which term 
includes any parent, subsidiary or other affiliate thereof) 
related to land and facilities owned or to be owned, or 
leased or to be leased by the Borrower (including without 
limitation such financing, refinancing or reimbursement 
with respect to bond reserves and issuance costs). 

It is proposed that the City approve (i) the acquisi- 
tion of a portion of an office building located at 89 South 
Street, Boston, Massachusetts, consisting of approximate- 
ly 122,752 square feet (the "Facility") and (ii) renovation 
and equipping of such Facility for use as the Borrower's 
administrative headquarters and to provide office space to 
other non-profit organizations. 

I urge your Honorable Body to pass this Order as ex- 
peditiously as possible so that this important project may 
proceed as described. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE FINANCING BY 
REVENUE BONDS TO BE ISSUED BY THE CITY 
OF BOSTON, ACTING BY AND THROUGH THE 
BOSTON INDUSTRIAL DEVELOPMENT FINANC- 
ING AUTHORITY, FOR PROJECT OF THIRD SEC- 
TOR NEW ENGLAND, INC. 

WHEREAS, Third Sector New England, Inc. (the 
"Borrower", which word includes in this order any par- 
ent, subsidiary or other affiliate of Third Sector New Eng- 
land, Inc.) has proposed the issuance of revenue bonds 
(the "Bonds") of the City of Boston (the "City"), acting 
by and through its Industrial Development Financing Au- 
thority (the "Authority"), pursuant to Chapter 40D of the 
Massachusetts General Laws, as amended (the "Act"), to 
finance, refinance, or reimburse funds advanced by the 
Borrower of up to $20,000,000 for costs of a project (the 
"Project") consisting generally of the following; (i) the 
acquisition of a portion of an office building located at 
89 South Street, Boston, Massachusetts, consisting of ap- 
proximately 122,752 square feet (the "Facility") and (ii) 
the renovation and equipping of such Facility for use as 
the Borrower's administrative headquarters and to provide 
office space to other non-profit organizations; 

WHEREAS, the Project will be financed by the loan of 
the proceeds of the Bonds to the 

Borrower to be used to pay costs of the Project; 

WHEREAS, the Borrower has expressed its willing- 
ness to make payments sufficient (i) to pay the princi- 



pal, premium, if any, and interest on the Bonds and to 
pay costs of issuance of the Bonds, (ii) to reimburse the 
City and the Authority for their expenses incurred in con- 
nection therewith and (iii) to reimburse the City and the 
Authority for and indemnify the City and the Authority 
against any such expenses or costs incurred hereafter in 
the event that issuance and sale of the Bonds are not ac- 
complished as contemplated; 

WHEREAS, the Borrower presently employs 63 full- 
time employees and 21 part-time employees, and upon 
completion of the Project by the Borrower, all of such 63 
fiill-time and 21 part-time employees will be retained or 
transferred to the Project and employment will be pro- 
vided for one additional full-time employee and two ad- 
ditional part-time employees, and the Project will contrib- 
ute to the alleviation of unemployment in the City, provide 
security against future unemployment and be of benefit to 
the economy of the City and The Commonwealth of Mas- 
sachusetts; 

WHEREAS, the Borrower has undertaken to coop- 
erate with public and community agencies engaged in 
manpower recruitment and training to pursue as a goal, 
to the extent consistent with state and federal law, and to 
the extent appropriate to this Project, the furnishing of 
at least 50% 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 placement of 
contracts for goods and services with Boston-based en- 
terprises; 

WHEREAS, the estimated cost of the Project and the 
cost of issuing the Bonds do not exceed $23,000,000 and 
the Borrower has indicated its willingness to finance other 
than by the Bonds (which shall be in a principal amount 
not to exceed $20,000,000) any such costs in excess of 
the amount of such costs to be financed by the Bonds, 
and it appears that the costs of the Project or such portion 
thereof that are proposed to be financed by the Bonds may 
be financed through the issuance of the Bonds pursuant to 
the provisions of the Act; 

WHEREAS, the Authority has adopted a resolution 
approving the financing of the Project and paying the 
costs of issuance of the Bonds, through the issuance of 
the Bonds and the Borrower's evidencing of its obliga- 
tions with respect to such financing through a loan agree- 
ment or other financing agreements pursuant to the Act, 
subject to certain conditions including the approval of the 
City Council and the Mayor of the City of the Project, the 
estimated cost thereof and the financing thereof by 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 in- 
tended to be an inducement for the Borrower to undertake 
the proposed Project in the City of Boston for its benefit; 

WHEREAS, by adopting the order set forth herein or 
by taking other action III 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 fi-om federal or Massachusetts 
income taxation; and neither the Borrower nor any pro- 
spective 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 $20,000,000 to 
finance the Project, was published in The Boston Globe 
on July 1, 2004, and said public hearing was held on July 
15, 2004, all as described in such published notice. 

NOW THEREFORE, BE IT ORDERED: 

That the Project hereinabove described, its estimated 



216 



crri^ COUNCIL 



cost and the financing of the Project through the issuance 
of the Bonds by the Cit\- of Bostoru acring by and through 
the Authority,-, pursuant to the Act. in a principal amount 
not to exceed 520,000.000 be, and the same hereby are, 
appro^•ed: provided, however, that such Bonds shall not 
constitute a pledge of the faith and credit of the Cit}- of 
Boston or of The Commonwealth of Massachusetts; and 
be it further 

ORDERED: That it is intended that this approval shall 
serve as an inducement for the Borrower to undertake the 
Project. 

In City Coimcil, 2004. Passed. 

Appro%-ed by the Mavor . 2004. 

ATTEST; Cit>- Clerk 

Referred to the Committee on Plamung and Eco- 
nomic Development. 



ORDER AUTHORIZING POLICE COMMISSIONER 
TO .ACCEPT .ANT) EXPENT) GR.ANT OF S32.369 
FROM CO.MMON^T.^LTH OF MASSACHU- 
SETTS. OFFICE OF -ATTORNEY GENERAL FOR 
PLTIPOSE OF \TETNAMESE COMML-MTY LI- 
AISON (DOCKET NO 1026) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 8, 2004 
To The City Council 
Dear 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 S32,369.00 from the Commonwealth of Mas- 
sachusetts, Office of the Attorney General. This award is 
made for the purpose of a Vietnamese Community Liai- 
son to provide outreach to the Vietnamese Community in 
Dorchester as a part of the Dorchester Youth and Family 
Initiative. 

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 purposes for 
which they were granted. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO ACCEPT AND EXPEND THE DORCHESTER 
YOUTH AND FAMILY BYRNE GRANT FUNDS 

AWARDED BY THE MASSACHUSETTS OFFICE OF 
THE .ATTORNEY GENERAL 

ORDERED: 

That the Police Commissioner, acting on behalf of the 
City of Boston be, and hereby is authorized, pursuant to 
section 53 A of chapter 44 of the Massachusetts General 
Laws, to accept the Commonwealth of Massachusetts, 
Office of the Attomej' General award, not to exceed the 
amotmt of Thirty-two Thousand Three Himdred and Six- 
ty-Nine Dollars (532,369.00). 

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



.Tuly 8. 2004 
To The Cit\' Council 
Dear Councilors: 

I hereby transmit for y our approxal an Order autho- 
rizing the Citv' of Boston to accept and expend an award 
in the amount of 525.664.00 in the form of a contract 
from the Massachusetts State Police, for a National Insti- 
tute of Justice Paul Coverdell National Forensic Science 
impro\ement .-Xct Grant Program for the Boston Police 
Department Crime Laborator\- Crime Analyst to attend 
forensic trainings. 

I urge j'our Honorable Body to adopt this Order as 
soon as possible so that the Cit)' of Boston may accept the 
funds expeditiously and expend them for the purposes for 
which these fiinds were granted. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER .AUTHORIZING THE CITY OF BOSTON 
TO .ACCEPT AND EXPENT) THE BOSTON POLICE 
DEP.ARTMENT'S NATION.AL INSTITUTE OF JUS- 
TICE PAUT. COXTRDELL NATION.AL FORENSIC 
SCIENCE IMPRO\^MENT ACT GR.ANT FUTTOS 
.AWARDED BY THE MASSACHUSETTS STATE 
POLICE 

ORDERED That the Mayor, acting on behalf of the City 
of Boston be, and hereby is authorized, pursuant to section 
53 A of chapter 44 of the Massachusetts General Laws, to 
accept and expend the Massachusetts State Polices award 
not to exceed the amount of Twent)' Five Thousand Six 
Hundred and Sixtj' Four Dollars (525,664.00) 

On motion of Councilor MURPH\', the rules were 
suspended; the order was passed. 



ORDER .AUTHORIZING THE ELECTION DEPART- 
MENT TO ACCEPT AND EXPEND GRANT OF 
51,537,075 FROM COMMONWE.ALTH OF MAS- 
SACHUSETTS FOR REIMBURSEMENT OF IN- 
STALL.ATION OF NEW VOTING MACHINES 
THROUGHOUT CITY (DOCKET NO. 1028) 

The following was received: 

City Of Boston 
Office of the Mayor 

June 30, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order autho- 
rizing the Citj" of Boston Election Department to accept 
and expend a grant award from the Commonwealth of 
Massachusetts. Secretary' of the Commonwealth, in an 
amouint not to exceed One Million Five Himdred Thirty 
Seven Thousand Seventy Five dollars (5 1 ,537,075.00) for 
the reimbursement of the installation of new voting ma- 
chines throughout the Citj' of Boston. 

I urge your Honorable Body to pass this Order as soon 
as possible so that these funds may he expended for the 
purposes for which they were awarded. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER AUTHORIZING MAYOR TO ACCEPT AND 
EXPEND GRANT OF S25.664 FROM MAS- 
SACHUSETTS STATE POLICE FOR POLICE 
DEPARTMENT CRIME LABORATOR CRIME 
ANALYST TO ATTEND FORENSIC TRAINING 
(DOCKET NO. 1027) 

The following was received: 

City Of Boston 
Office of the Mayor 



ORDERED: That, pursuant to the provisions of section 
53A of Chapter 44 of the Massachusetts General Laws, 
the City of Boston, acting by and through the Election 
Department, be, and hereby is authorized to accept and 
expend a grant to be awarded for the reimbursement of 
costs associated with the installation of new voting ma- 
chines in the City of Boston in an amoimt not to exceed 
One Million Five Hundred Thirty Seven Thousand Sev- 
enty Five DoUars (51,537,075). 

Referred to the Committee on Government Opera- 



JULY 14, 2004 



217 



tions. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $14,958,717 FROM U.S. DE- 
PARTMENT OF HOMELAND SECURITY (DHS) 
OFFICE OF DOMESTIC PREPAREDNESS' UR- 
BAN AREAS SECURITY INITIATIVE (UASI) TO 
ADDRESS UNIQUE EQUIPMENT, PLANNING, 
EXERCISE, TRAINING AND OPERATIONAL 
NEEDS OF LARGE URBAN AREAS (DOCKET 
NO. 1029) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 8, 2004 
To The City Council 
Dear Councilors: 

I hereby transmit for your approval an Order authoriz- 
ing the City of Boston to accept and expend an award in 
the amount of $14,958,717 in the form of a United States 
Department of Homeland Security's (DHS), Office of Do- 
mestic Preparedness' Urban Areas Security Initiative II 
(UASI) Grant award, passed through the Commonwealth 
of Massachusetts' Executive Office of Public Safety to 
the City of Boston and to be administered by the Mayor's 
Office of Homeland Security. This amount reflects the 
balance remaining of the original award in the amount of 
$1,718,408, approved by City Council on March 3,2004. 
Please note the attached award letter identifies the entire 
award, including this supplement. The UASI serves to ad- 
dress the unique equipment, planning, exercise, training 
and operational needs of large urban areas, and to assist 
them in building an enhanced and sustainable capacity to 
prevent, respond to, and recover fi"om threats or acts of 
terrorism, including chemical, biological, radiological, 
nuclear and explosive (CBRNE) incidents. 

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 purposes for 
which these fiinds were granted. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF 

BOSTON TO ACCEPT AND EXPEND THE CITY OF 

BOSTON'S URBAN AREAS SECURITY INITIATIVE 

II GRANT PROGRAM FUNDS AWARDED 

BY THE UNITED STATES DEPARTMENT OF 

HOMELAND SECURITY, OFFICE OF DOMESTIC 

PREPAREDNESS AND THE COMMONWEALTH 

OF MASSACHUSETTS EXECUTIVE OFFICE OF 

PUBLIC SAFETY. 

ORDERED: That the Mayor, acting on behalf of the 
City of Boston be, and hereby is authorized, pursuant to 
section 53 A of chapter 44 of the Massachusetts General 
Laws, to accept and expend the States Department of 
Homeland Security, Office Domestic Preparedness and 
the Commonwealth of Massachusetts UASI II award not 
to exceed the amount of Fourteen Million Nine Hundred 
Fifty Eight Thousand Seven Hundred and Seventeen Dol- 
lars ($14,958,717). 

Referred to the Committee on Public Safety. 



Office of the Mayor 

July 14,2004 
To The City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the at- 
tached order as Constables of the City of Boston, autho- 
rized to serve civil process upon filing of bond, for the 
period commencing May 1, 2004 and ending April 30, 
2007. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston autho- 
rized to serve civil process upon filing of bond for the 
period commencing May 1, 2004 and ending April 30, 
2007 be and the same hereby is approved. 

2004-2007 

New Constable Application List 

Recommended Approvals 

The following recommendations for approval are new 
applicants. 

Stacey A. Adams 2/20/71 30 Corbet St. Dorchester 
02124 

Ruth E. Baez 8/25/62 39 Island View R Roxbury 
02125 

Gueriine Berthold 8/29/68 7 Blackwood St. Boston 
02115 

Sekour R. Brown 4/18/74 50 Westmore Rd. Mattapan 
02126 

Paul L. Bums, Sr. 1/9/37 115 Alabama St. Mattapan 
02126 

Heather M. Gately 6/8/76 34 Seminole St. Mattapan 
02126 

Eric O. Idumwonyi 2/21/60 41 Charles St. Dorchester 
02122 

George J. Kalil 1/14/50 229 Neponset Valley Pkwy. 
Hyde Park 02136 

William J. Mallory 3/7/74 3 Intervale St. Dorchester 
02121 

Juan L. Martin 6/17/77 1310 Jette Ct. Brighton 02135 

Oriando M. Pena 3/3/81 3304 Washington St. Jamaica 
Plain 02130 

Jean N. Philomeno 5/23/72 8 Claxton St. Roslindale 
02131 

Amarilis Serret 1/10/65 7 Coleus Park Dorchester 
02121 

Victor L. Thomas 6/22/62 1444 Hyde Park Ave. Hyde 
Park 02136 

Steven M. Wilson, Jr. 1/1 10/74 25 Pierce St. Hyde Park 
02136 

James C. Wong 3/31/57 231 Harrison Ave. Boston 
02111 

Referred to the Committee on Government Opera- 
tions. 



ORDER FOR CONFIRMATION OF APPOINTMENTS 
OF CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF BONDS 
FOR PERIOD ENDING APRIL 30, 2007 (DOCK- 
ET NO. 1030) 

The following was received: 

City Of Boston 



ORDER FOR CONFIRMATION OF APPOINTMENTS 
OF CONSTABLES AUTHORIZED TO SERVE 
CIVIL PROCESS UPON FILING OF BONDS 
FOR PERIOD ENDING APRIL 30, 2007 (DOCK- 
ET NO. 1031) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 14,2004 
To The City Council 
Dear Councilors: 

Subject to confirmation by your Honorable Body, I 
hereby appoint the following named people on the at- 
tached order as Constables of the City of Boston, autho- 
rized to serve civil process upon filing of bond, for the 



218 



CITY COUNCIL 



period commencing May 1, 2004 and ending April 30, 
2007. 

Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appointment of the following 
named people as Constables of the City of Boston autho- 
rized to serve civil process upon filing of bond for the 
period commencing May I, 2004 and ending April 30, 
2007 be and the same hereby is approved. 

2004-2007 

Renewal Constable Applications List 

Recommended Approval 

The following recommendations for approved are re- 
newal applicants. 

Allen T. Allen 12/14/42 28 Mathers St. Dorchester 
02124 

Anthony Baker 7/11/59 47 Roxbury St. Roxbury 
02119 

Lizzie M. Baker 9/26/49 23 Rosseter St. Dorchester 
02121 

Ronald Cobb 9/4/67 15 Winthrop St. Roxbury 021 19 

Benny J. Edge 3/16/49 15 Browning Ave. Dorchester 
02124 

Cesar Franck 7/5/50 230 Waldemare Ave. East Boston 
02128 

Arturo V Wallen 7/9/47 213 W. Newton St. Boston 
02118 

Norman E. Wood 11/6/47 10- A Rock Terr Dorchester 
02121 

Referred to the Committee on Government Opera- 
tions. 



COMMUNICATION RECEIVED FROM MASSPORT 
RE: LOGAN AIRPORT 2003 ENVIRONMENTAL 
DATA REPORT (2003EDR) EOEA #3247 (DOCK- 
ET NO. 1032) 

Communication was received from Massport re: Lo- 
gan Airport 2003 Environmental Data Report (2003EDR) 
EOEA # 3247. 

Placed on file. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1033) 

The Constable's Bonds of the following, having been 
duly approved by the Collector Treasurer, were received 
under the usual terms and conditions. 

Patrick Bailey 

Salvatore R. Bartolo 

Thomas M. Brown 

Joseph Butler 

Dianne M. Butler 

Antonio G. Correia 

Edward J. Cronin 

Kenneth J. Dorsey 

Peter J. Gallimore 

William G. Joyce 

Daniel F. Long 

Denise C. Long 

Juaquinn Marchando 

Kevin P. McGrail 

Daniel A. McLaughlin 

Marvin D. Minor 

Arthur E. Montgomery 

Derek W. Morrison 

Suzanne M. Morrison 

Angel M. Nazario 

Aybur Rahman 

Vidal Santiago 

Stanley Walker Jn 

Elijah A. Wigon 

Indira Alvarez 



Leo C. Boucher Jr 
James P. Buttiglieri 
Francis Cappuccio 
Sheila J. Cavaleri 
Robert Chan 
Lesley S. Christos 
John J. Connors 
Carol M. Conroy 
Patrick Conroy 
Alfonso Denson 
Joseph R. Donate 
William Grady 
Jason R. Grant 
Joshua Handley 
Regina M. Hanson 
James T. Holmes Jr. 
Raoul Jacques 
Melvin Johnson 
Iris Jones 
Edward Kennedy 
Evangelin Maxwell-Davis 
Christopher McNally 
Paul Jr. Nally 
Steven G. O'Donnell 
Brian Oliveri 
John Powers 
Leonard Puccia 
Julia Scott 
Michael Salvin 
Yolanda Thomas 
Paula Titus 
Jack E. Tracy 
Terrance Yancey 



REPORT ON ORDER AUTHORIZING DEPARTMENT 
OF NEIGHBORHOOD DEVELOPMENT TO AP- 
PLY FOR. ACCEPT AND EXPEND FEDERAL 
FY2004 EMERGENCY SHELTER GRANT OF 
$902,342 FROM U.S. DEPARTMENT OF HOUS- 
ING AND URBAN DEVELOPMENT AN (DOCK- 
ET NO. 0633) 

Councilor KELLY, on behalf of the Committee on 
Planning Economic Development, submitted the follow- 
ing: 

Report on Docket No. 0633, message of the Mayor 
and order authorizing the Department of Neighborhood 
Development to apply for, accept and expend a Federal 
FY2004 Emergency Shelter grant (ESG) of $902,342 
from the U.S. Department of Housing and Urban Devel- 
opment (referred May 5) — recommending the passage of 
the order in a new draft. 

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



REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD DEVELOPMENT 
(PUBLIC FACILITIES) TO APPLY FOR ACCEPT 
AND EXPEND FEDERAL FY2004 HOUSING 
OPPORTUNITIES FOR PERSONS WITH AIDS 
(HOPWA) GRANT OF $1,829,000 FROM U.S. 
DEPARTMENT OF HOUSING AND URBAN DE- 
VELOPMENT (DOCKET NO. 0634) 

Councilor KELLY, on behalf of the Committee on 
Planning Economic Development, submitted the follow- 
ing: 

Report on Docket No. 0634, message of the Mayor 
and order authorizing the Department of Neighborhood 
Development (Public Facilities) to apply for, accept and 
expend a Federal FY2004 Housing Opportunities for Per- 
son With AIDS (HOPWA) grant of $1,829,000 from the 
U.S. Department of Housing and Urban Development (re- 
ferred May 5) — recommending the passage of the order 
in a new draft. 

The report was accepted; the order, in the new 



JULY 14, 2004 



219 



draft, was passed. 



Passed under suspension of the rules. 



REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD DEVELOPMENT 
TO APPLY FOR, ACCEPT AND EXPEND FED- 
ERAL FY2004 SHELTER PLUS CARE GRANT 
OF $7,200,000 FROM U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 0807) 

Councilor KELLY, on behalf of the Committee on 
Planning Economic Development, submitted the follow- 
ing: 

Report on Docket No. 0807, message of the Mayor 
and order authorizing the Department of Neighborhood 
Development to apply for, accept and expend a Federal 
FY2003 Shelter Plus Care grant of $7,200,000 from the 
U.S. Department of Housing and Urban Development 
(HUD) (referred May 5) -recommending the passage of 
the order in a new draft. 

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



RESOLUTION SUPPORTING REQUEST OF 
SCHOOLHOUSE TENANT ASSOCIATION TO 
HUD TO SET UP MEETING OF ALL PARTIES 
TO DISCUSS FUTURE OF SECTION 8 PROPER- 
TIES (DOCKET NO. 1034) 

Councilors TURNER, ARROYO, YANCEY and HEN- 
NIGAN offered the following: 

Whereas Residents of the City of Boston continue to 
feel the pressure of displacement from market forces, 
budget cutbacks, and governmental policy changes, and 

Whereas The City Council of Boston has expressed 
specific concern about preserving the afifordability of ex- 
piring use and project-based Sec. 8 housing, and 

Whereas The project-based Sec. 8 contract at School- 
house 77 Properties, which covers 128 apartments in 4 
buildings, is being renewed only on a 3-month basis, and 

Whereas The loss of affordability in these buildings 
would be devastating to the residents and to the City of 
Boston, and 

Whereas Both the owner and H.U.D express interest in 
renewing the contract for 30 years but negotiations over a 
long period have not led to such a renewal, and 

Whereas The Schoolhouse Tenant Association has sent 
a letter to HUD, the owner, and other parties (with cop- 
ies to city councilors) requesting a meeting to resolve the 
impasse, therefore be it 

Resolved That the City Council of Boston go on record 
supporting the request of the Schoolhouse Tenant Asso- 
ciation to HUD to set up a meeting of all parties to discuss 
the fiiture of these properties, with the goal of a long term 
renewal of the Sec. 8 contract, and fiirther be it 

Resolved That a copy of this resolution be sent to Kev- 
in Keogh, the Regional Director of the US Department 
of HUD. 

On motion of Councilor TURNER, the rules were 
suspended; the resolution was adopted. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1035) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name until Friday, September 24, 
2004: 

Andrius B. Knasas Administrative Asst. 865.39 fiill 
time 

Irene M. Smith Administrative Asst. 1,057.70 full 
time 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1036) 

Councilor FLAHERTY oifered the following: 

Ordered: That effective Saturday, July 10, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, September 
24, 2004: 

Maryanne O'Keefe Secretary 200.04 part time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1037 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name until Friday, September 24, 
2004: 

Virgenmina Cosme Secretary 673.08 full time 
Kyle R. Robidoux Secretary 673.08 full time 
Danielle R. Williams Secretary 730.77 full time 
James R. Willmuth Secretary 865.39 full time 
Passed under suspension of the rules. 



ORDER APPROVFNG PETITION FOR SPECIAL LAW 
RE: FUNDING OF SEX OFFENDER REGISTRY 
IN CITY (DOCKET NO. 1038) 

Councilor CONSALVO offered the following: 

HOME RULE PETITION 

WHEREAS, The Boston Police Department manages 
approximately 1,418 registered sex offenders in the City 
of Boston with one part-time Lieutenant, one Sergeant 
Detective, three officers, and one Intern at an estimated 
manpower cost of approximately $661,383.56 per year 
with additional equipment and overhead expenses; and 

WHEREAS, The Commonwealth of Massachusetts 
has effectively created an unfunded mandate contrary to 
the provisions of Proposition 2 1/2 codified in M.G.L. c. 
59 by requiring and demanding that cities and towns con- 
tribute to the operation of the Sex Offender Registry, but 
the Commonwealth does not supply any funding to the 
cities and towns; and 

WHEREAS, Pursuant to M.G.L. c. 6, s. 178Q, the 
Commonwealth recently began collecting a registration 
fee from registrants in the amount of $75.00 thereby cre- 
ating a revenue stream to assist funding the costs of the 
program, but the Commonwealth has deposited all of said 
fiinds into the General Fund and has supplied none of 
these funds to cities and towns. THEREFORE BE IT 

ORDERED, That a petition to the General Court, ac- 
companied by a bill for a special law relating to the City 
of Boston to be filed with an attested copy of this order 
be, and hereby is, approved under Clause 1 of Section 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: 

FUNDING OF THE SEX OFFENDER REGISTRY IN 

THE CITY OF BOSTON 

Section 1 . Fee Allocation. 

The Commonwealth of Massachusetts or the Sex Of- 
fender Registry Board shall allocate and appropriate to 
the city of Boston one hundred percent (100%) of any and 
all fees generated fi^om sex offenders registering with an 
address in the city of Boston. 

Section 2. Implementation. 

This act shall be effective immediately upon passage. 

Referred to the Committee on Government Opera- 



220 



CITY COUNCIL 



tions. 



RESOLUTION THAT CITY COUNCIL ACKNOWL- 
EDGES SERIOUS RESPONSIBILITY OF CITY 
OF BOSTON TO CONTINUE CITY'S LONG 
TRADITION OF UPHOLDING FREE EXER- 
CISE OF FIRST AND FOURTH AMENDMENT 
RIGHTS WHILE PROTECTING PUBLIC SAFE- 
TY DURING 2004 DEMOCRATIC CONVEN- 
TION (DOCKET NO. 1040) 

Councilors ARROYO and TURNER offered the fol- 
lowing: 

Whereas: Political expression is a fiandamental right 
protected under the United States and Massachusetts 
Constitutions, and the free exercise of the First Amend- 
ment rights of speech, association and assembly and en- 
forcement of Fourth Amendment rights against unlawfiil 
search and seizure is essential for residents of and visitors 
to the City of Boston; and 

Whereas: Mayor Menino, the Boston Police Depart- 
ment and the Ci^ of Boston have consistently fostered a 
long tradition that celebrates robust public discussion of 
issues, including the unfettered expression of opinion at 
public demonstrations; and 

Whereas: Though this long tradition has meant that 
public demonstrations have been welcomed in the City of 
Boston, recent political demonstrations at large political 
events in other U.S. cities have been undermined by al- 
legations that demonstrators' civil liberties were violated; 
and 

Whereas: In the last week of July 2004, the Democratic 
National Convention will draw a broad group of citizens, 
residents and visitors to participate in public demonstra- 
tions in Boston; and 

Whereas: The Boston City Council believes there is no 
inherent conflict between the City's duties to secure pub- 
lic safety and to protect political activity; THEREFORE 
BEIT 

Resolved: That the Boston City Council calls upon the 
City to promote a successful 2004 Democratic National 
Convention by ensuring: (1) reasonable and prompt ac- 
tion on permit applications for public demonstrations 
during the Convention; (2) that decision-making author- 
ity for policing public demonstrations remains under 
the leadership and jurisdiction of local authorities to the 
greatest extent possible; (3) appropriate training in Con- 
stitutional Rights for those policing public demonstra- 
tions; (4) effective communication between law enforce- 
ment and demonstrators to facilitate access to as well as 
freedom of movement at public demonstrations; (5) that 
public demonstrations can take place within sight and 
sound of the object of the demonstrations; (6) minimal 
use of barricades or "protest pens" to confine movement 
at demonstrations; (7) the dispersal of public assemblages 
only in the event of an emergency and with the provision 
of clear orders with reasonable time guidelines; and (8) 
complete and timely disclosure of information regarding 
the location and condition of arrestees, including to legal 
support personnel granted timely access to work with the 
demonstrators; and be it fiirther 

Resolved: That the Boston City Council calls upon the 
City to promote a successfiil 2004 Democratic National 
Convention by refraining from: (1) use of questionable 
law enforcement practices, including arrest without just 
cause the use of pre-emptive arrests; (2) use of unnec- 
essary force including the use of projectile, chemical, 
electronic, experimental or other so-called 'less lethal 
'weapons - in policing public demonstrations except as 
absolutely necessitated by legitimate law enforcement 
purposes, (3) the use of inappropriate force on unarmed, 
non-violent demonstrators; (4) the use of force as a form 
of compliance or as a threat to gain compliance; (5) the 
intimidation or harassment of groups planning non-vio- 
lent, protected forms of public expression, including the 
harassment of demonstration organizers, disruption to 



places of assembly, and the destruction of protest mate- 
rials; and (6) the deliberate dissemination of inaccurate 
information to the media or the public regarding demon- 
strators and the actions of police; and be it fiirther 

Resolved: That Boston City Council acknowledges the 
serious responsibility of the City of Boston to continue 
the City's long tradition of upholding the free exercise 
of First and Fourth Amendment rights while protecting 
public safety during the 2004 Democratic National Con- 
vention. 

Councilor Arroyo moved suspension and adoption. 

Motion did not prevail. 

Referred to the Committee on Human Rights. 



ORDER FOR HEARING TO EXAMINE LACK OF 
PUBLIC REST ROOMS IN CITY (DOCKET NO. 
1042) 

Councilors HENNIGAN, YANCEY. TURNER and 
McDERMOTT offered the following: 

WHEREAS: The city has very few public rest rooms, 
especially in high tourist/traffic areas like Downtown 
Crossing; and 

WHEREAS: The majority of public rest rooms close 
at 5pm; and 

WHEREAS: The DNC, apart from the many tourists 
who visit the city during the summer, will place 35 thou- 
sand people on the streets of Boston; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council hold a hearing to examine the lack 
of public rest rooms in the city. 

Filed in City Council: Tuesday, July 13, 2004 

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



ORDER FOR HEARING TO ASSESS HOW MANY 
DEFIBRILLATORS ARE IN USE IN CITY AND 
HOW THE CITY CAN PUT AS MANY DEFI- 
BRILLATORS AS POSSIBLE INTO POLICE, 
FIRE AND EMS VEHICLES (DOCKET NO. 
1043) 



Councilors HENNIGAN, ARROYO, 
TURNER and TOBIN offered the following: 



YANCEY, 



WHEREAS: Sudden cardiac arrest (SCA) accounts 
for approximately 300,000 deaths per year in the United 
States; more deaths are attributable to sudden cardiac 
death than to lung cancer, breast cancer, or AIDS: and 

WHEREAS: According to the American Heart Asso- 
ciation (AHA), each minute of delay in delivering a de- 
fibrillation shock to a cardiac arrest victim reduces the 
chances of survival by 10 percent; and 

WHEREAS: The average response time nationally for 
emergency medical personnel equipped with defibrilla- 
tors is 10 minutes, making access to defibrillators on-site 
or in first-responder vehicles (i.e. police cars, fire trucks, 
etc.) extremely important; and 

WHEREAS: Even in the hospital setting, traditional 
resuscitation procedures many times result in signifi- 
cant delays before an SCA victim receives defibrillation 
therapy; consequently, survival averages from in-hospital 
sudden cardiac arrests are only 1 5%; and 

WHEREAS: Cardiopulmonary resuscitation (CPR) 
works to temporarily circulate blood to vital organs; how- 
ever, CPR cannot restore a patient's heart to a healthy 
rhythm. The AHA states that the definitive survival treat- 
ment for an SCA victim is a defibrillation shock: and 

WHEREAS: Published studies have proven that early 
defibrillation, within the first few minutes of SCA, can 
save up to 74 percent of victims; Therefore be it 

ORJDERED: That the appropriate committee of the 
Boston City Council hold a hearing to assess how many 
defibrillators are in use in the city; how the city can put as 
many defibrillators into all Police, Fire and EMS vehicles; 



JULY 14, 2004 



221 



and the city's overall plan to address this ongoing public 
safety and public health issue. 

Referred to the Committee on Public Safety. 



ORDER TO FACILITATE DEPOSITION AND REDE- 
VELOPMENT OF THE A, B, C, D AND I BUILD- 
INGS LOCATED AT FORMER BOSTON SPE- 
CIALTY AND REHABILITATION HOSPITAL IN 
MATTAPAN (DOCKET NO. 0577) 

Councilor KELLY called Docket No. 0577 from the 
Committee on Planning and Economic Development. 

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

On motion of Councilor KELLY, the order was giv- 
en its second reading and passage; yeas 13. 



ORDER DECLARING SURPLUS OF 8 CEDAR 
STREET AND 1 5 MILLMONT STREET AND TO 
TRANSFER CARE, CUSTODY, MANAGEMENT 
AND CONTROL OF SAID PROPERTY TO PUB- 
LIC FACILITIES COMMISSION FOR SALE OR 
LEASE UNDER TERMS AND CONDITIONS 
DEEMED BY COMMISSION TO BE MOST AP- 
PROPRIATE FOR CITY (DOCKET NO. 0729) 

Councilor KELLY called Docket No. 0729 from the 
Committee on Planning and Economic Development. 

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

On motion of Councilor KELLY, the order was 
passed. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR; 
ACCEPT AND EXPEND FEDERAL FY2004 
LEAD-BASED PAINT HAZARD CONTROL 
GRANT OF $3,000,000 FROM U.S. DEPART- 
MENT OF HOUSING AND URBAN DEVELOP- 
MENT (HUD) (DOCKET NO. 0809) 

Councilor YANCEY called Docket No. 0809 from the 
Committee on Housing. 

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

Councilor YANCEY moved to delete the word "Ex- 
pend" from the order. 

The motion prevailed. 

On motion of Councilor YANCEY, the order, as 
amended, was passed. 



ORDER AUTHORIZING FIRE DEPARTMENT TO AC- 
CEPT AND EXPEND GRANT OF $30,000 FROM 
U.S. FIRE ADMINISTRATION FY2003. FIRE 
PREVENTION AND SAFETY FOR JUVENILE 
FIRESETTER INTERVENTION PROGRAM FOR 
PURPOSE OF PREVENTION, EDUCATION, 
DIAGNOSIS AND REHABILITATIVE TREAT- 
MENT OF JUVENILE FIRESETTERS (DOCKET 
NO. 0941) 

Councilor MURPHY called Docket No. 094 1 from the 
Committee on Public Safety. 

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

On motion of Councilor MURPHY, the order was 
passed. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR, 
ACCEPT AND EXPEND FEDERAL FY2003 
AND FY2004 AMERICAN DREAM DOWN PAY- 
MENT INITIATIVE GRANT OF $747,473 FROM 
U.S. DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT (DOCKET NO. 0723) 

Councilor YANCEY called Docket No. 0723 from the 
Committee on Housing. 

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

Councilor YANCEY moved to delete the word "Ex- 
pend" from the order. 

The motion prevailed. 

On motion of Councilor YANCEY, the order, as 
amended, was passed. 



ORDER AUTHORIZING DEPARTMENT OF NEIGH- 
BORHOOD DEVELOPMENT TO APPLY FOR, 
ACCEPT AND EXPEND FEDERAL FY2004 
LEAD-BASED PAINT HAZARD REDUCTION 
DEMONSTRATION GRANT OF $4,000,000 
FROM U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) (DOCKET NO. 
0808) 

Councilor YANCEY called Docket No. 0808 from the 
Committee on Housing. 

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

Councilor YANCEY moved to delete the word "Ex- 
pend" from the order. 

The motion prevailed. 

On motion of Councilor YANCEY, the order, as 
amended, was passed. 



LATE-FILED MATTERS 

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

No objection being heard, the following matters 
were added: 



ORDER AUTHORIZING CITY TO EXPEND FEDER- 
AL FY2004 HOUSING OPPORTUNITIES FOR 
PERSONS WITH AIDS FUNDS IN AMOUNT 
NOT TO EXCEED $1,829,000 AWARDED TO 
CITY BY U.S. DEPARTMENT OF HOUSING 
AND URBAN DEVELOPMENT (HUD) (DOCK- 
ET NO. 1039) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend Federal Fiscal Year 
2004 Housing Opportunities for Persons With AIDS 
(HOPWA) funds in an amount not to exceed ONE MIL- 
LION EIGHT HUNDRED TWENTY-NINE THOU- 
SAND DOLLARS ($1,829,000.) awarded to the City of 
Boston by the U.S. Department of Housing and Urban 
Development (HUD). 

I urge you to adopt this order so that the City may pro- 
vide services with these program funds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO EXPEND A FEDERAL FY2004 HOUSING OP- 



222 



CITY COUNCIL 



PORTUNITIES FOR PERSONS WITH AIDS GRANT 

FROM THE U.S. DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

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 funds from the United States Department 
of Housing and Urban Development Federal FY2004 
Housing Opportunities for Persons With AIDS Grant in 
the amount of ONE MILLION EIGHT HUNDRED AND 
TWENTY-NINE THOUSAND DOLLARS ($1,829,000) 
and expend said fiinds in accordance with section 53 A 
of chapter 44 of the Massachusetts General Laws for the 
purposes for which they are granted as stated in the City 
of Boston's Federal FY2004 Action Plan, and in connec- 
tion therewith, to execute and deliver such documents 
as may be required by the United States Department of 
Housing and Urban Development. 

Referred to the Committee on Housing. 



the City of Boston's Federal FY2004 Action Plan, and, in 
connection therewith, to execute and deliver such docu- 
ments as may be required by the federal government; and 
further, be it 

ORDERED: that the City of Boston, acting by and 
through its Department of Neighborhood Development, 
be, and hereby is, authorized to expend an FY2004 Eco- 
nomic Development Initiative special project grant in an 
amount not to exceed ONE HUNDRED FIFTY THOU- 
SAND DOLLARS (SI 50,000) awarded to the City by 
the United States Department of Housing and Urban De- 
velopment and, to expend said funds in accordance with 
section 53 A of chapter 44 of the Massachusetts General 
Laws for the purposes for which the funds were granted, 
as stated in the City of Boston's Federal FY2004 Action 
Plan, and, in cormection therewith, to execute and deliver 
such documents as may be required by the federal gov- 
ernment. 

Referred to the Committee on planning and Eco- 
nomic Development. 



ORDER AUTHORIZING CITY TO EXPEND FED- 
ERAL FY2003 ECONOMIC DE'VELOPMENT 
INITIATFVE (EDI) SPECIAL PROJECTS GRANT 
IN AMOUNT NOT TO EXCEED $447,075 AND 
FY2004 EDI SPECIAL PROJECTS GRANT IN 
AMOUNT NOT TO EXCEED $150,000 FROM 
U.S. DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT (HUD) (DOCKET NO. 1041) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend a Federal FY2003 
Economic Development Initiative (EDI) Special Projects 
grant in an amount not to exceed FOUR HUNDRED 
FORTY-FOUR THOUSAND SEVENTY-FIVE DOL- 
LARS ($447,075.) & an Federal FY2004 EDI Special 
Projects grant in an amount not to exceed ONE HUN- 
DRED FIFTY THOUSAND DOLLARS ($150,000.) 
from the U.S. Department of Housing and Urban Devel- 
opment (HUD). 

These EDI grants are targeted to development of low 
and moderate-income housing and affordable housing en- 
vironmental re mediation. 

I urge you to adopt this order so that the City may pro- 
vide services with these program fiinds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO EXPEND A FEDERAL FY2003 AND FY2004 

ECONOMIC DEVELOPMENT INITIATIVE SPECIAL 

PROJECTS GRANT FROM THE U.S. DEPARTMENT 

OF HOUSING AND URBAN DEVELOPMENT FOR 

THE DEVELOPMENT OF LOW AND MODERATE 

INCOME HOUSESIG AND AFFORDABLE HOUSING 

ENVIRONMENTAL REMEDIATION 

ORDERED: that the City of Boston, acting by and 
through its Department of Neighborhood Development, 
be, and hereby is, authorized to expend a Federal FY2003 
Economic Development Initiative special project grant 
in an amount not to exceed FOUR HUNDRED FORTY- 
SEVEN THOUSAND SEVENTY-FP/E DOLLARS 
($447,075) awarded to the City by the United States 
Department of Housing and Urban Development and, 
to expend said fiinds in accordance with section 53A of 
chapter 44 of the Massachusetts General Laws for the 
purposes for which the funds were granted, as stated in 



ORDER AUTHORIZING CITY TO EXPEND FED- 
ERAL FY2004 COMMUNITY DE'VELOPMENT 
BLOCK GRANT (CDBG) FUNDS IN AMOUNT 
OF $24,265,000 AWARDED TO CITY BY U.S. 
DEPARTMENT OF HOUSING AND URBAN DE- 
VELOPMENT (BUD) (DOCKET NO. 1064) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12.2004 
To The City Coimcil 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend Federal Fiscal Year 
2004 Community Development Block Grant (CDBG) 
fiinds in the amount of TWENTY FOUR MILLION 
TWO HUNDRED AND SIXTY-FIVE THOUSAND 
DOLLARS ($24,265,000.) awarded to the Citv' of Boston 
by the U.S. Department of Housing and Urban De\elop- 
ment (HUD). 

I urge you to adopt this order so that the Cit\' may pro- 
vide services with these program funds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 
TO EXPEND A FEDERAL FY2004 COMMUNITY 

DEVELOPMENT BLOCK GR.^NT FROM THE 

U.S. DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

ORDERED, that the City of Boston, acting by and 
through its Department of Neighborhood Develop- 
ment (Public Facilities Department), be and hereby is, 
authorized to expend a Federal FY2004 Community 
Development Block Grant in the amount of TWENTY 
FOUR MILLION TWO HUNDRED AND SIXTY-FIVE 
THOUSAND DOLLARS ($24,265,000) fi-om the United 
States Department of Housing and Urban Development 
for, and to expend said funds in accordance with section 
53 A of chapter 44 of the Massachusetts General Laws for 
the purposes for which granted as stated in the City of 
Boston' s Federal FY2004 Action Plan, and in connection 
therewith, to execute and deliver such documents as may 
be required by the United States Department of Housing 
and Urban Development. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER AUTHORIZING CITY TO EXPEND FED- 
ERAL FY2004 EMERGENCY SHELTER GRANT 



JULY 14, 2004 



223 



(EMG) IN AMOUNT OF $902,342 AWARDED 
TO CITY BY U.S. DEPARTMENT OF HOUSING 
AND URBAN DEVELOPMENT (HUD) (DOCK- 
ET NO. 1067) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12, 2004 
To The City Council 
Dear Councilors: 

1 transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend a Federal Fiscal Year 
2004 Emergency Shelter Grant (ESG) funds in the amount 
of NINE HUNDRED TWO THOUSAND THREE HUN- 
DRED FORTY-TWO DOLLARS ($902,342) awarded to 
the City of Boston by the U.S. Department of Housing 
and Urban Development (HUD). 

I urge you to adopt this order so that the City may pro- 
vide services with these program funds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO EXPEND A FEDERAL FY2004 EMERGENCY 

SHELTER GRANT FROM THE U.S. DEPARTMENT 

OF HOUSING AND URBAN DEVELOPMENT 

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 Federal FY2004 Emergency Shelter 
Grant in the amount of NINE HUNDRED AND TWO 
THOUSAND THREE HUNDRED FORTY-TWO DOL- 
LARS ($902,342) from the United States Department 
of Housing and Urban Development, and to expend said 
funds in accordance with section 53 A of chapter 44 of the 
Massachusetts General Laws for the purposes for which 
granted as stated in the City of Boston's Federal FY2004 
Action Plan, and in connection therewith, to execute and 
deliver such documents as may be required by the United 
States Department of Housing and Urban Development. 

Referred to the Committee on Housing. 



ORDER AUTHORIZING CITY TO EXPEND FEDERAL 
FY2004 HOME INVESTMENT PARTNERSHIPS 
(HOME) FUNDS IN AMOUNT OF $8,743,255 
AWARDED TO CITY BY U.S. DEPARTMENT 
OF HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 1068) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend Federal Fiscal Year 
2004 HOME Investment Partnerships (HOME) funds in 
the amount of EIGHT MILLION SEVEN HUNDRED 
AND FORTY-THREE THOUSAND TWO HUNDERED 
FIFTY-FIVE DOLLARS ($8,743,255.) awarded to the 
City of Boston by U.S. Department of Housing and Urban 
Development (HUD). 

I urge you to adopt this order so that the City may pro- 
vide services with these program funds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 



TO EXPEND A FEDERAL FY2004 HOME INVEST- 
MENT PARTNERSHIPS PROGRAM GRANT FROM 
THE U. S. DEPARTMENT OF HOUSING AND UR- 
BAN DEVELOPMENT 

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 funds from the United States Department 
of Housing and Urban Development for a FY2004 HOME 
Investment Partnerships Program Grant in the amount of 
EIGHT MILLION SEVEN HUNDRED FORTY-THREE 
THOUSANDTWO HUNDRED FIFTY-FIVE DOLLARS 
($8,743,255) and to expend said funds in accordance with 
section 53A of chapter 44 of the Massachusetts General 
Laws for the purposes for which granted as stated in the 
City of Boston's Federal FY2004 Action Plan, and in con- 
nection therewith, to execute and deliver such documents 
as may be required by the United States Department of 
Housing and Urban Development. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER AUTHORIZING CITY TO EXPEND FEDER- 
AL FY2003 AND FY2004 AMERICAN DREAM 
DOWNPA YMENT INITIATIVE GRANT IN 
AMOUNT NOT TO EXCEED $747,473 FROM 
U.S. DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT (HUD) (DOCKET NO. 1069) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 12, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an Order autho- 
rizing the City of Boston to expend a Federal FY2003 & 
FY2004 American Dream Down payment Initiative grant 
in an amount not to exceed SEVEN HUNDRED FORTY- 
SEVEN THOUSAND FOUR HUNDRED SEVENTY 
THREE DOLLARS ($747,473) from the U.S. Depart- 
ment of Housing and Urban Development (HUD). 

I urge you to adopt this order so that the City may pro- 
vide services with these program fiinds. 
Very truly yours, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOS- 
TON TO EXPEND A FEDERAL FY2003 & FY2004 
AMERICAN DREAM DOWN PAYMENT INITIATIVE 
GRANT FROM THE U S. DEPARTMENT OF HOUS- 
ING AND URBAN DEVELOPMENT 

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 funds from the United States Depart- 
ment of Housing and Urban Development for a Federal 
FY2003 grant for the American Dream Down payment 
Initiative in the amount of THREE HUNDRED FORTY- 
TWO THOUSAND EIGHT HUNDRED SEVENTY 
THREE DOLLARS ($342,873) and to expend said funds 
in accordance with section 53A of chapter 44 of the 
Massachusetts General Laws for the purposes for which 
granted as stated in the City of Boston" s Federal FY2004 
Action Plan, and in cormection therewith, to execute and 
deliver such documents as may be required by the United 
States Department of Housing and Urban Development, 
and further, 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 funds from the United States Department 



224 



CITY COUNCIL 



of Housing and Urban Development for a FY2004 grant 
for the American Dream Down payment Initiative in the 
amount of FOUR HUNDRED FOUR THOUSAND SIX 
HUNDRED DOLLARS ($404,600) and to expend said 
funds in accordance with section 53 A of chapter 44 of the 
Massachusetts General Laws for the purposes for which 
granted as stated in the City of Boston's Federal FY2004 
Action Plan, and in connection therewith, to execute and 
deliver such documents as may be required by the United 
States Department of Housing and Urban Development. 
Referred to the Committee on Housing. 



memory of our former colleague, Brian Honan, whose 
anniversary is coming up as we will be in summer break 
and wanted to extend his well-wishes to Brian's family. 



ORDER RE: HOW BHA TO FUND YOUTH WORKER 
POSITIONS (DOCKET NO. 1070) 

Councilors HENNIGAN, YANCEY, ARROYO, TURN- 
ER, KELLY, MCDERMOTT, SCAPICCHIO, ROSS, 
FLAHERTY and CONSALVO offered the following: 

WHEREAS: This past Sunday, a teenager was killed in 
a brawl at a Boston housing development; and 

WHEREAS: The first line of defense in stopping the 
violence mentioned above are youth workers who earn the 
trust of young people in the city's housing projects; and 

WHEREAS: There was a decrease in funding for Bos- 
ton Housing Authority (BHA) youth workers a few years 
ago; and 

WHEREAS: This funding gap was supposed to be 
filled by Boston Centers for Youth & Families (BCYF); 
and 

WHEREAS: The BCYF has not been responding with 
sufficient funds for staffer in a timely manner to this im- 
portant need; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council call upon the Executive Director of 
the BHA to testify before the committee on how the BHA 
is going fund youth worker positions given the fact that 
the BCYF has not been responding in a timely manner. 

Referred to the Committee on Housing. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1071) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, July 10, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, September 
24, 2004: 

Cynthia Loesch Secretary 200.00 part time 

Passed under suspension of the rules. 



STATEMENT BY COUNCILOR TURNER 

Having unanimous consent to do so, Councilor Turner 
discussed the killings of youth, and it being related to 
drugs and drug crimes. 



STATEMENT BY COUNCILOR ROSS 

Having unanimous consent to do so. Councilor Ross 
wanted to invite everyone to his annual Softball games 
starting tonight which has been successful in helping him 
get to know today's youth and keeping them active and 
away from drugs and he wanted to share that with his fel- 
low colleagues. 



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 Yancey: Congratulating Thomas Middle- 
ton (Docket No. 1044); Congratulating Phillip Flaherty 
(Docket No. 0999). 

Councilor Consalvo: Congratulating John Pelosi 
(Docket No. 1045). 

Councilor Tobin: Congratulating 2004 Top of the Arts 
Award Winners (Docket No. 1046). 

Councilor Hermigan: Congratulating Marcos Femardo 
Mercedes (Docket No. 1047); Congratulating Kathie 
Mainzer (Docket No. 1048); Congramlating Valerie Gra- 
biel (Docket No. 1049); Congratulating Eduardo Vasallo 
(Docket No. 1050); Congratulating Kafel Benzan (Dock- 
et No. 1051); Congratulating Tony Barros (Docket No. 
1052); Congratulating Jamaica Plain Neighborhood De- 
velopment Corporation (Docket No. 1053). 

Councilors Yancey, Turner and Arroyo: Congratulating 
Kofi Essiem (Docket No. 1054). 

Councilor McDermott: Congratulating Karen Werra 
(Docket No. 1055). 

Councilor Tobin: Congratulating 15 persons on the 
2004 Boston Teacher of the Year Award (Docket No. 
1056); Congratulating 5 persons for their outstanding 
service and dedication during World War II (Docket No. 
1057); Congratulating 18 persons for their outstanding 
service and dedication during Korean War (Docket No. 
1058). 

Councilors Yancey. Turner and Arroyo: Proclaiming 
the week of August 22nd through August 28th 2004 as 
Caribbean Carnival Week in the City of Boston (Docket 
No. 1059); Congratulating Dr Marlyne M. Campbell 
(Docket No. 1060). 

Councilor Consalvo: Congratulating Roy and Mary 
Crawford (Docket No. 1 06 1 ). 

Councilor Feeney: Congratulating Susan Walsh (Dock- 
et No. 1062). 

Councilor Tobin: Congratulating Joseph "Skippy" 
Plunket 111 (Docket No. 1063). 

Councilors Yancey. Turner and Arroyo: Congratulat- 
ing Reverend Dr. Marlyne Campbell (Docket No. 1064); 
Congratulating Mr. & Mrs. Michel Lewis (Docket No. 
1065). 

Councilor Kellv: Declarins July 18, 2004 as "Fr. 
Thomas J. Carroll Day" (Docket No. 1066). 

The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, we adjourn in memon, of Helen Federico. 
Marie Conway. Nan Tiemey. Margie McDonough. Ban 
Mai, Mrs. Cappuccio. Michael Gray and former City 
Councilor Brian J. Honan, to meet again on Wednesday, 
August 11, 2004 at 11:30 a.m. 

The motion was carried. 

Adjourned at 1:53 p.m., on motion of the Chair, to 
meet again on Wednesday, August 1 1. 2004 at 1 1:30 a.m. 



STATEMENT OF COUNCILOR MCDERMOTT 

Having unanimous consent to do so, Councilor Mc- 
Dermott asked that when we adjourn today, we do so in 



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



JULY 14, 2004 



225 



226 CITY COUNCIL 



JULY 14, 2004 227 



228 CITY COUNCIL 



CITY COUNCIL 



229 



CITY OF BOSTON 



Proceedings of City Council 



Sunday, July 25, 2004 

Special meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 9:30 
a.m., President Flaherty in the Chair and all members 
present. 



INVOCATION 



There was a moment of silence and the meeting was 
opened with the pledge of allegiance to the flag. 



CALL FOR SPECIAL MEETING 
(DOCKET NO. 1072) 

The following was received: 

A Special meeting of the Boston City, Council will be 
held on Sunday July 25, 2004 at 9:00 a.m., in the Christo- 
pher A. lannella Chamber, 5th floor City Hall to discuss. 
Dockets #1073, 1074, 1075, 1076, 1077, 1078, 1079, and 
1080 and for no other purpose. A second meeting will 
convene at 9:45 a.m. if required. 

ROSARIA SALERNO, 

CITY CLERK. 



President FLAHERTY moved that the City Council 
recess at 9:45 a.m. for a meeting of the Committee of 
the Whole to ask the Administration more questions on 
today's dockets. 

The motion was carried. 

The members reassembled in the City Council Cham- 
ber and were called to order by President FLAHERTY at 
10:40 a.m. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE FOR COLLECTIVE BARGAINING BY 
$8,600,000 TO PROVIDE FUNDING IN POLICE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN ARBITRATION AWARD FOR 
BOSTON POLICE PATROLMEN'S ASSOCIA- 
TION (DOCKET NO. 1073) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 22, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $8,600,000 to provide funding in the Police 
Department for the FY05 cost items contained within the 
arbitration award for the Boston Police Patrolmen's As- 
sociation (BPPA). 

I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $8,600,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Murphy, Ross, 
Scapicchio,Tobin 

Nays - Councilor Turner - 1. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR FY05 FOR BOSTON POLICE 
DEPARTMENT IN AMOUNT OF $8,600,000 
FOR COST ITEMS CONTAINED IN AWARD 
OF ARBITRATOR APPOINTED BY JOINT-LA- 
BOR MANAGEMENT COMMITTEE WHICH 
AMENDS SALARY SCHEDULE FOR POLICE 
PATROLMEN'S ASSOCIATION (DOCKET NO. 
1074) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 22, 2004 
To The City Council 
Dear Councilors: 

I respectfully request your approval for a supplemental 
appropriation for FY05 for the Police Department in the 
amount of $8,600,000. This supplemental appropriation 
will fund the cost items contained in an award of the ar- 
bitrator appointed by the Joint-Labor Management Com- 
mittee which amends the salary schedule for the Boston 
Police Patrolmen's Association (BPPA). The FY03 and 
FY04 costs will be funded from collective bargaining re- 
serves encumbered for those years. 

As originally presented to you, the FY05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 
creases. A separate order has been filed to reduce that ap- 
propriation to support this supplemental request. 

1 respectfully request your approval of this order at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Police Department in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum of 
EIGHT MILLION SIX HUNDRED THOUSAND DOL- 
LARS ($8,600,000) be, and the same hereby is appropri- 
ated, said sum to be met from taxation pursuant to Section 
23 of 

Chapter 59 of the General Laws: - 21 1000 Police De- 
partment Personnel Services $8,600,000 

The rules were suspended; the order was passed; 
yeas 12; nays 1. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, hennigan, Keliy, McDermott, Murphy, Ross, 
Scapicchio,Tobin, Yancey - 12 

Nays - Councilor Turner - 1 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE FOR COLLECTIVE BARGAINING BY 
$2,200,000 TO PROVIDE FUNDING IN POLICE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN ARBITRATION AWARD FOR 
BOSTON POLICE SUPERIOR OFFICERS FED- 
ERATION (DOCKET NO. 1075) 

The following was received: 

City Of Boston 



230 



CITY COUNCIL 



Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $2,200,000 to provide funding in the Police 
Department for the FY05 cost items contained within the 
arbitration award for the Boston Police Superior Officers 
Federation. 

I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $2,200,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Murphy, Ross, 
Scapicchio, Tobin, Yancey-12. 

Nays - Councilor Turner - 1. 



The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDennott, Murphy, Ross, 
Scapicchio, Tobin, Yancey-12. 

Nays - Councilor Turner - 1. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR FY05 FOR BOSTON POLICE 
DEPARTMENT IN AMOUNT OF $2,200,000 
FOR COST ITEMS CONTAINED IN ARBITRA- 
TION AWARD BY LAWRENCE T HOLDEN, JR. 
ON JULY 23, 2004 WHICH AMENDS SALARY 
SCHEDULE FOR POLICE SUPERIOR OFFI- 
CERS FEDERATION (DOCKET NO. 1076) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

I respectfully request your approval for a supplemen- 
tal appropriation for FY05 for the Police Department in 
the amount of $2,200,000. This supplemental appropria- 
tion will fund the cost items contained in the arbitration 
award by Lawrence T. Holden, Jr. on July 23, 2004 which 
amends the salary schedule for the Boston Police Superi- 
or Officers Federation. The FY03 and FY04 costs will be 
fiinded from collective bargaining reserves encumbered 
for those years. 

As originally presented to you, the F Y05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 
creases. A separate order has been filed to reduce that ap- 
propriation to support this supplemental request. 

I respectfully request your approval of this order at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Police Department in the fiscal period commencing 
July 1, 2004 and ending June 30, 2005, the sum of TWO 
MILLION TWO HUNDRED THOUSAND DOLLARS 
($2,200,000) be, and the same hereby is appropriated, 
said sum to be met from taxation pursuant to Section 23 
of Chapter 59 of the General Laws: - 21 1000 Police De- 
partment Personnel Services $2,200,000 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE FOR COLLECTFVE BARGAINING BY 
$1,815,000 TO PROVIDE FUNDING IN POLICE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN ARBITRATION AWARD FOR 
BOSTON POLICE DETECTFVES BENEVOLENT 
SOCIETY (DOCKET NO. 1077) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $1,815,000 to provide fimding in the Police 
Department for the FY05 cost items contained within the 
arbitration award for the Boston Police Detectives Be- 
nevolent Society. 

I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005. be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $1,815,000 

The rules were suspended; the order was passed; 
yeas 12; nays 1. 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Murphy, Ross, 
Scapicchio, Tobin, Yancey - 12, 

Nays - Councilor Turner - 1. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR FY05 FOR BOSTON POLICE 
DEPARTMENT IN AMOUNT OF $1,815,000 
FOR COST ITEMS CONTAINED IN ARBITRA- 
TION AWARD BY LAWRENCE T HOLDEN, JR. 
ON JULY 23, 2004 WHICH AMENDS SALARY 
SCHEDULED FOR POLICE DETECTIVES BE- 
NEVOLENT SOCIETY (DOCKET NO. 1078) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23. 2004 
To The City Council 
Dear Councilors: 

I respectfully request your approval for a supplemen- 
tal appropriation for FY05 for the Police Department in 
the amount of $1,815,000. This supplemental appropria- 
tion will fund the cost items contained in an arbitration 
award of Lawrence T. Holden, Jr. on July 23, 2004 which 
amends the salary schedule for the Boston Police Detec- 
tives Benevolent Society. The FY03 and FY04 costs will 
be funded from collective bargaining reserves encum- 
bered for those years. 

As originally presented to you, the FY05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 



JULY 25, 2004 



231 



creases. A separate order has been filed to reduce that ap- 
propriation to support this supplemental request 

1 respectfully request your approval of this order at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Police Department in the fiscal period commencing 
July I, 2004 and ending June 30, 2005, the sum of ONE 
MILLION EIGHT HUNDRED FIFTEEN THOUSAND 
DOLLARS ($1,815,000) be, and the same hereby is ap- 
propriated, said sum to be met from taxation pursuant to 
Section 23 of Chapter 59 of the General Laws:- 

211000 Police Department Personnel Services 
$1,815,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Murphy, Ross, 
Scapicchio, Tobin,Yancey-12. 

Nays - Councilor Turner - 1. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE FOR COLLECTIVE BARGAINING BY 
$1,067,000 TO PROVIDE FUNDING IN POLICE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN ARBITRATION AWARD FOR 
BOSTON POLICE DETECTIVES BENEVOLENT 
SOCIETY, SUPERIOR OFFICERS (DOCKET NO. 
1079) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $1,067,000 to provide funding in the Police 
Department for the FY05 cost items contained within the 
arbitration award for the Boston Police Detectives Benev- 
olent Society, Superior Officers. 

I respectftilly request your favorable action on this im- 
portant matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



(DOCKET NO. 1080) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

I respectfully request your approval for a supplemen- 
tal appropriation for FY05 for the Police Department in 
the amount of $ 1,067,000. This supplemental appropria- 
tion will fund the cost items contained in the arbitration 
award of Lawrence T. Holden, Jr. on July 23, 2004 which 
amends the salary schedule for the Boston Police Detec- 
tives Benevolent Society, Superior Officers. The FY03 
and FY04 costs will be funded from collective bargaining 
reserves encumbered for those years. 

As originally presented to you, the F Y05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 
creases, A separate order has been filed to reduce that ap- 
propriation to support this supplemental request. 

I respectfijlly request your approval of this order at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Police Department in the fiscal period commencing 
July 1, 2004 and ending June 30, 2005. the sum of ONE 
MILLION SIXTY SEVEN THOUSAND DOLLARS 
($1,067,000) be, and the same hereby is appropriated, 
said sum to be met from taxation pursuant to Section 23 
of Chapter 59 of the General Laws: - 

211000 Police Department Personnel Services 
$1,067,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDennott, Murphy, Ross, 
Scapicchio, Tobin,Yancey-12. 

Nays - Councilor Turner - 1. 



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: 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing July 1, 2004 and ending June 30, 2005, be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $1,067,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDermott, Murphy, Ross, 
Scapicchio, Tobin, Yancey-12. 

Nays - Councilor Turner - 1. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR FY05 FOR BOSTON POLICE 
DEPARTMENT IN AMOUNT OF $1,067,000 
FOR COST ITEMS CONTAINED IN ARBITRA- 
TION AWARD BY LAWRENCE T HOLDEN, JR. 
ON JULY 23,2004 WHICH AMENDS SALARY 
SCHEDULE FOR POLICE DETECTIVES BE- 
NEVOLENT SOCIETY, SUPERIOR OFFICERS 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE FOR COLLECTFVE BARGAINING BY 
$7,173,000 TO PROVIDE FUNDING IN FIRE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN ARBITRATION AWARD FOR 
LOCAL 718 (DOCKET NO. 1081) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Coimcil 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective 
Bargaining by $7,173,000 to provide funding in the Fire 
Department for the FY05 cost items contained within the 
arbitration award for Local 718, International Association 
of Firefighters, AFL-CIO. 

I respectfully request your favorable action on this im- 
portant matter. 



232 



CITY COUNCIL 



Sincerely, 



Thomas M. Menino, 
Mayor of Boston. 



Yancey is in support of the contracts asking to keep mind 
of the possible consideration of supplemental request if 
monies not sufficient. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing July 1, 2004 and ending June 30, 2005, be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining $7,173,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDennott, Murphy, Ross, 
Scapicchio, Tobin, Yancey-12. 

Nays - Councilor Tiirner - 1. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION FOR FY05 FOR FIRE DEPARTMENT 
IN AMOUNT OF $7,173,000 FOR COST ITEMS 
CONTAINED IN ARBITRATION AWARD BY 
LAWRENCE T HOLDEN, JR. ON JULY 23, 2004 
WHICH AMENDS SALARY SCHEDULE FOR 
LOCAL 718 (DOCKET NO. 1082) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 23, 2004 
To The City Council 
Dear Councilors: 

1 respectfully request your approval for a supplemen- 
tal appropriation for FY05 for the Fire Department in 
the amount of $7,173,000. This supplemental appropria- 
tion will fund the cost items contained in the arbitration 
award of Lawrence T. Holden, Jr. on July 25, 2004 which 
amends the salary schedule for Local 718, International 
Association of Firefighters, AFL-CIO. The FY04 costs 
will be funded from a collective bargaining reserve en- 
cumbered for that year. 

As originally presented to you, the FY05 budget re- 
quested included a Reserve for Collective Bargaining 
- a separate appropriation to fund projected collective 
bargaining increases. A separate order bas been filed to 
reduce that appropriation to support this supplemental 
request. 

I respectfully request your approval of this order at the 
earliest possible date. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED; That in addition to the appropriation here- 
tofore made, to meet the current operating expenses of the 
Fire Department in the fiscal period commencing July 1 , 
2004 and ending June 30, 2005, the sum of SEVEN MIL- 
LION ONE HUNDRED SEVENTY THREE THOU- 
SAND DOLLARS ($7,173,000) be, and the same hereby 
is appropriated, said sum to be met fi^om taxation pursuant 
to Section 23 of Chapter 5 9 of the General Laws : - 22 1 000 
Fire Department Personnel Services $7,173,000 

The rules were suspended; the order was passed: 
yeas 12; nays 1 

Yeas - Councilors Arroyo, Consalvo, Feeney, Fla- 
herty, Hennigan, Kelly, McDennott, Murphy, Ross, 
Scapicchio, Tobin, Yancey-12. 

Nays - Councilor Hirner - 1. 



STATEMENT BY COUNCILOR KELLY 

Having unanimous consent to do so. Councilor Kelly 
expressed his appreciation on behalf of the Councilors 
and unions to the Mayor and staff on trying to resolve 
contracts. He suggested new ideas to prevent interference 
of collective bargaining process. 



STATEMENT BY COUNCILOR ARROYO 

Having unanimous consent to do so. Councilor Arroyo 
stated he was glad process has come to an end after open- 
ing issues necessary and wanted to keep an eye on gaps 
between salaries within Government. 



STATEMENT BY COUNCILOR TURNER 

Having unanimous consent to do so. Councilor Turner 
stated his reasons for not supporting union contracts cit- 
ing overpayment, no knowledge of funds available, et 
cetra. 



STATEMENT BY COUNCILOR YANCEY 

Having unanimous consent to do so Councilor Yancey 
agreed with Councilor Kelly that this was not appropriate 
process to resolve contracts and unions should not have to 
wait years to resolve their contracts. 



STATEMENT BY COUNCILOR HENNIGAN 

Having unanimous consent to do so. Councilor Henni- 
gan stated she hopes delays and dealings like this involv- 
ing contracts doesn't happen again. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today, it be to meet again on Wednesday, August 
11, 2004 at 11:30 a.m. 

The motion was carried. 

Adjourned at 11:15 a.m., on motion of the Chair, to 
meet again on Wednesday, August 1 1, 2004 at 1 1 :30 a.m. 



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



STATEMENT BY COUNCILOR YANCEY 

Having unanimous consent to do so. Coimcilor Yancey 
stated that while reserve of $3 1 million is sufficient, the 
Administration did not answer vital questions. Councilor 



CITY COUNCIL 



233 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, August 1 1 , 2004 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:55 
a.m.. President Flaherty in the Chair. Absent, Councilors 
Arroyo and Ross. 



INVOCATION 



Bishop Filipe C. Teixeira delivered the invocation and 
the meeting was opened with the pledge of allegiance to 
the flag. 



PRESENTATION BY COUNCILOR FEENEY 

Councilor FEENEY presented a resolution to group of 
young women who started the first teenage women's ra- 
dio station dealing with very real issues for young women 
which is receiving accolades across Boston, the country 
and abroad. 



PRESENTATION BY COUNCILOR HENNIGAN 

Councilor HENNIGAN presented a resolution to Es- 
trales Tropicales, a group of young women who dance, do 
baton twirling and who will be performing at First Night 
2005 



ORDER TO REDUCE APPROPRL^TION FOR RE- 
SERVE FOR COLLECTIVE BARGAINING BY 
$3,1 13,350 TO PROVIDE FUNDING IN VARIOUS 
DEPARTMENTS FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND AMERI- 
CAN FEDERATION OF STATE COUNTY AND 
MUNICIPAL EMPLOYEES, AFL-CIO, COUNCIL 
93 AND LOCALS (DOCKET NO. 1083) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Col- 
lective Bargaining by $3,113,350 to provide funding in 
various departments for the cost items contained within 
the collective bargaining agreements between the City of 
Boston and the American Federation of State, County and 
Municipal Employees, AFL-CIO, Council 93 and Locals. 
I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 



51000 Reserve for Collective Bargaining $3,1 13,350 
Referred to the Committee of the Whole. 
Later in the session, on motion of Councilor Consal- 

vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $3,113,350 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMETN BETWEEN CITY 
AND AMERICAN FEDERATION OF STATE, 
COUNTY AND MUNICIPAL EMPLOYEES, AFL- 
CIO, COUNCIL 93 AND LOCALS (DOCKET NO, 
1084) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for FY05 for fourteen departments and divisions in the 
amount of $3,1 13,350 to cover the cost items contained 
within the collective bargaining agreements between the 
City of Boston and the American Federation of State, 
County and Municipal Employees, AFL-CIO, Council 93 
and Locals. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for various departments in the fiscal period commencing 
July 1 , 2004 and ending June 30, 2005, the sum of THREE 
MILLION ONE HUNDRED THIRTEEN THOUSAND 
THREE HUNDRED FIFTY DOLLARS ($3,1 13,350) be, 
and the same hereby is appropriated as follows, said sum 
to be met by taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - 

1 36000 Assessing Personnel Services 9 1 , 1 85 
147000 Labor Relations Personnel Services 5,865 
180000 Property & Construction Mgmt Personnel Ser- 
vices 33,325 

2 1 1 000 Police Department Personnel Services 
226,985 

221000 Fire Department Personnel Services 92,170 
25 1000 Transportation Personnel Services 713,265 
253000 Transportation - Parking Clerk Personnel Ser- 
vices 80,430 

260000 Inspectional Services Personnel Services 
346,840 

300000 Parks & Recreation Personnel Services 
305,160 

31 1000 Public Works Personnel Services 964,100 
32 1 000 Central Fleet Maintenance Personnel Services 
111,365 

385000 Boston Centers for Youth & Families Person- 
nel Services 14,695 

387000 Elderly Commission Personnel Services 
55,995 

400000 Cemetery Division Personnel Services 7 1 ,970 



3,113,350 



Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 



234 



CITY COUNCIL 



vo, the rules were suspended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$17,100 TO PROVIDE FUNDING IN GRAPHIC 
ARTS DEPARTMENT FOR FY05 COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN CITY AND 
GRAPHIC COMMUNICATIONS INTERNA- 
TIONAL UNION AFL-CIO, LOCAL /600 (DOCK- 
ET NO. 1085) 



The following was received: 

City Of Boston 
Office of the Mayor 

July 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $ 1 7, 1 00 to provide funding in the Graphic Arts 
Department for the FY05 cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and the Graphic Communications International Union 
AFL-CIO, Local 600. 

I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $17,100 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $ 1 7, 1 00, TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN CITY AND GRAPHIC 
COMMUNICATIONS INTERNATIONAL UNION 
AFL-CIO, LOCAL 600 (DOCKET NO. 1086) 



The following was received: 

City Of Boston 
Office of the Mayor 

July 27, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Graphic Arts Department for FY05 in the amount 
of $17,100 to cover the cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and the Graphic Communications International Union 
AFL-CIO, Local 600. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

1 respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for the Graphic Arts department in the fiscal period com- 
mencing July 1, 2004 and ending June 30, 2005, the sum 
of SEVENTEEN THOUSAND ONE HUNDRED DOL- 
LARS ($17,100) be, and the same hereby is appropriated 
as follows, said sum to be raised from taxation pursuant to 
Section 23 of Chapter 59 of the General Laws:- Graphic 
Arts Department 2005-1 00-145200-5 1 000 $ 1 7, 1 00 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$1,034,963 TO PROVIDE FUNDING IN SCHOOL 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COMMIT- 
TEE AND SCHOOL CUSTODIANS' LOCAL 
1952, PAINTERS AND ALLIED TRADES DIS- 
TRICT COUNCIL #35 (DOCKET NO. 1087) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $1,034,963 to provide funding in the School 
Department for the FY05 cost items contained within 
the collective bargaining agreement between the School 
Committee of the City of Boston and the Boston School 
Custodians' Local 1952, Painters and Allied Trades Dis- 
trict Council #35. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005. be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $1,034,963 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $1,034,963 TO COVER COST ITEMS 
CONTAINED WITHESI COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND SCHOOL CUSTODIANS' 
LOCAL 1952, PAINTERS AND ALLIED TRADES 
DISTRICT COUNCIL #35 (DOCKET NO, 1088) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Public Schools for FY05 in the amount 
of $ 1 ,034,963 to cover the cost items contained within 
the collective bargaining agreements between the School 
Committee of the City of Boston and the Boston School 



AUGUST 11, 2004 



235 



Custodians" Local 1952, Painters and Allied Trades Dis- 
trict Council #35. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases, A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfiilly 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 operating expenses 
of the School Department in the fiscal period commenc- 
ing July I, 2004 and ending June 30, 2005, the sum of 
ONE MILLION THIRTY FOUR THOUSAND NINE 
HUNDRED SIXTY THREE DOLLARS ($1,034,963) 
be, and the same hereby is appropriated, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: School Department $1,034,963 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



TERNATIONAL UNION, LOCAL 888 (GUILD) 
(DOCKET NO. 1090) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Public Schools for FY05 in the amount of 
$788,933 to cover the cost items contained within the col- 
lective bargaining agreement between the School Com- 
mittee of the City of Boston and the Service Employees 
International Union, Local 888 (Guild). 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fiind projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation for the Boston Public Schools. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$788,933 TO PROVIDE FUNDING IN SCHOOL 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHFN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COMMIT- 
TEE AND SERVICE EMPLOYEES INTERNA- 
TIONAL UNION, LOCAL 888 (GUILD) (DOCK- 
ET NO. 1089) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective 
Bargaining by $788,933 to provide funding in the School 
Department for the FY05 cost items contained within 
the collective bargaining agreement between the School 
Committee of the City of Boston and the Service Employ- 
ees International Union, Local 888 (Guild). 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 

2005-100-999000-51000 Reserve for Collective Bar- 
gaining 

$788,933 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the School Department in the fiscal period commencing 
July 1, 2004 and ending June 30, 2005, the sum of SEV- 
EN HUNDRED EIGHTY EIGHT THOUSAND NINE 
HUNDRED THIRTY THREE DOLLARS ($788,933) be, 
and the same hereby is appropriated, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: - School Department $788,933 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $788,933 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND SERVICE EMPLOYEES IN- 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$377,945 TO PROVIDE FUNDING IN PROP- 
ERTY AND CONSTRUCTION MANAGEMENT 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN CITY AND MUNICI- 
PAL POLICE PATROLMEN'S ASSOCIATION 
(DOCKET NO. 1091) 



The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective Bar- 
gaining by $377,945 to provide funding in the Property 
and Construction Management Department for the FY05 
cost items contained within the collective bargaining 
agreement between the City of Boston and the Municipal 
Police Patrolmen's Association. 

I respectfully request your favorable action on this im- 
portant matter. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 



236 



CITY COUNCIL 



commencing July 1, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $377,945. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVrNG SUPPLEMENTAL APPROPRI- 
ATION OF $377,945 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN CITY AND 
MUNICIPAL POLICE PATROLMEN'S ASSOCIA- 
TION (DOCKET NO. 1092) 



The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for the Property & Construction Management De- 
partment for FY05 in the amount of $377,945 to cover 
the cost items contained within the collective bargaining 
agreement between the City of Boston and the Mimicipal 
Police Patrolmen's Association, 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1, 2004 and end- 
ing June 30, 2005, the sum of THREE HUNDRED SEV- 
ENTY SEVEN THOUSAND NINE HUNDRED FORTY 
FIVE DOLLARS ($377,945) be, and the same hereby is 
appropriated as follows, said sum to be met from taxa- 
tion pursuant to Section 23 of Chapter 59 of the General 
Laws: Property & Construction Mgmt. 2005-100-180000 
Personnel Services $377,945. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$158,082 TO PROVIDE FUNDING IN SCHOOL 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COMMIT- 
TEE AND MUNICIPAL POLICE PATROLMEN'S 
ASSOCIATION (DOCKET NO. 1093) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Coimcil 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective 
Bargaining by S 1 58,082 to provide funding in the School 
Department for the FY05 cost items contained within 



the collective bargaining agreement between the School 
Committee of the City of Boston and the Boston School 
Police Patrolmen's Association. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $158,082. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $158,082 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND MUNICIPAL POLICE PA- 
TROLMEN'S ASSOCIATION (DOCKET NO. 
1094) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Public Schools for FY05 in the amount of 
$158,082 to cover the cost items contained within the col- 
lective bargaining agreement between the School Com- 
mittee of the City of Boston and the Boston School Police 
Patrolmen's Association. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fiind projected collective bar- 
gaining increases, A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

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 operating expenses 
of the School Department in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum of 
ONE HUNDRED FIFTY EIGHT THOUSAND EIGHTY 
TWO DOLLARS ($158,082) be, and the same hereby is 
appropriated, said sum to be met ft-om taxation pursuant 
to Section 23 of Chapter 59 of the General Laws:- School 
Department $158,082. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER TO REDUCE APPROPRLVTION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$80,469 TO PROVIDE FUNDING IN SCHOOL; 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENT BETWEEN SCHOOL COMMIT- 
TEE AND SERVICE EMPLO'iTES INTERNA- 
TIONAL UNION, LOCAL (DOCKET NO. 1095) 



AUGUST 11, 2004 



237 



The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the appropriation for the Reserve for Collective 
Bargaining by $80,469 to provide funding in the School 
Department for the FY05 cost items contained within 
the collective bargaining agreement between the School 
Committee of the City of Boston and the Service Employ- 
ees International Union, Local 888 (professional Employ- 
ees Department of Planning & Engineering). 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $80,469. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



Referred to the Committee of the Whole. 
Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF TO COVER $80,469 COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENT BETWEEN SCHOOL 
COMMITTEE AND SERVICE EMPLOYEES IN- 
TERNATIONAL UNION, LOCAL 888 (DOCKET 
NO. 1096) 



The following was received: 

City Of Boston 
Office of the Mayor 

July 29, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Public Schools for FY05 in the amount of 
$80,469 to cover the cost items contained within the col- 
lective bargaining agreement between the School Com- 
mittee of the City of Boston and the Service Employees 
International Union, Local 888 (Professional Employees 
Department of Planning & Engineering). 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest The FY04 costs of the contract will be charged to a 
reserve established for that year. 

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 operating expenses 
of the School Department in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum of 
EIGHTY THOUSAND FOUR HUNDRED SIXTY 
NINE DOLLARS ($80,469) be, and the same hereby is 
appropriated, said sum to be met from taxation pursuant 
to Section 23 of Chapter 59 of the General Laws:School 
Department $80,469. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$1,131,760 TO PROVIDE FUNDING IN VARI- 
OUS DEPARTMENTS FOR SALARY INCREAS- 
ES FOR EXEMPT MANAGERS AND MAYOR'S 
OFFICE EMPLOYEES (DOCKET NO. 1 103) 

On motion of President Flaherty Docket No. 1 103 was 
taken out of order. 

The following was received: 

City Of Boston 
Office of the Mayor 

August 10,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Collec- 
tive Bargaining by $1,131,760 to provide funding in vari- 
ous departments for salary increases for exempt managers 
and Mayor's Office employees. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $1,131,760. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $1,131,760 FOR FY05 FOR VARIOUS 
DEPARTMENTS TO COVER SALARY INCREAS- 
ES FOR EXEMPT MANAGERS AND MAYOR'S 
OFFICE EMPLOYEES (DOCKET NO. 1 104) 

On motion of President FLAHERTY, Docket No. 1 104 
was taken out of order. 

The following was received: 

City Of Boston 
Office of the Mayor 

August 10, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for FY05 for various departments in the amount of 
$1,131 ,760 to cover salary increases for exempt managers 
and Mayors Office employees. 

As originally presented to you, the FY05 budget request 
included a Reserve for Collective Bargaining - a separate 
appropriation to fund projected collective bargaining in- 
creases, A separate order has been filled to reduce that 
appropriation to support this supplemental request. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 



238 



CITY COUNCIL 



for various departments in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum 
of ONE MILLION ONE HUNDRED THIRTY ONE 
THOUSAND SEVEN HUNDRED SIXTY DOLLARS 
($1,131,760) be, and the same hereby is appropriated 
according to the attached schedule, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: - 

Library 2005 - 100 - 110000 Personnel Services 
189,530 

Mayor's Office 2005 - 100 - 111000 Personnel Ser- 
vices 55,570 

Consumer Affairs & Licensing 2005 - 100-1141000 
Personnel Services 14,435 

Auditing 2005 - 100 -131000 Personnel Services 
3,520 

Assessing 2005 - 100 - 136000 Persoimel Services 
28,015 

Treasury 2005 - 100 - 138000 Personnel Services 
6,145 

Office of Budget Management 2005 - 100 - 141000 
Personnel Services 36,445 

Human Resources 2005 - 100 - 142000 Personnel Ser- 
vices 30,050 

Purchasing 2005 - 100 - 143000 Personnel Services 
3,520 

Chief Operating Officer 2005 - 100 - 144000 Person- 
nel Services 19,260 

Graphic Arts 2005 - 100 - 145000 Personnel Services 
16,675 

Labor Relations 2005 - 100 - 147000 Personnel Ser- 
vices 20,750 

MIS 2005 - 100 - 149000 Personnel Services 10,555 

Intergovernmental Relations 2005 - 100 - 150000 Per- 
sonnel Services 10,535 

Law 2005 - 100 - 151000 Personnel Services 16,095 

Small/Local Business 2005 - 100 - 156000 Personnel 
Services 6,510 

City Clerk 2005 - 100 - 161000 Personnel Services 
3,320 

Registry 2005 - 100 - 163000 Personnel Services 
3,655 

Property & Construction Management 2005 - 100 - 
180000 Personnel Services 47,770 

Neighborhood Development 2005 - 100 - 188000 Per- 
sonnel Services 50,945 

Finance Commission 2005 - 100 - 193000 Persormel 
Services 6,010 

Police 2005 - 100 - 211000 Personnel Services 
149,745 

Fire 2005 - 100 - 221000 Personnel Services 22,270 

Transportation 2005 - 100 - 251000 Personnel Ser- 
vices 31,675 

Licensing Board 2005 - 100 - 252000 Personnel Ser- 
vices 4,710 

Parking Clerk 2005 - 100 - 253000 Personnel Services 
3,520 

Inspectional Services 2005 - 100 - 260000 Personnel 
Services 31,965 

Parks 2005 - 100 - 300000 Personnel Services 18,220 

Environment 2005 - 100 - 303000 Personnel Services 
37,730 

Public Works 2005 - 100 - 31 1000 Personnel Services 
10,565 

Central Fleet Maintenance 2005 - 100 - 321000 Per- 
sonnel Services 3,655 

Rental Housing Resource Center 2005 - 100 - 384000 
Personnel Services 5,855 

Boston Centers for Youth & Families 2005 - 100 - 
385000 Personnel Services 76,1 15 

Elderly Commission 2005 - 100 - 387000 Personnel 
Services 17,220 

Emergency Shelter Commission 2005 - 100 - 406000 
Personnel Services 9,470 

Public Information 2005 - 100 - 411000 Personnel 
Services 34,480 

Neighborhood Services 2005 - 100 - 412000 Person- 
nel Services 43,825 



Arts & Cultural Development 2005 - 100 - 416000 
Personnel Services 39,270 

Womens Commission 2005 - 100 - 417000 Personnel 
Services 2,650 

Youth Fund 2005 - 100 - 448000 Personnel Services 
9,510 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRL\- 
TION OF $2,455,000 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTFVE BAR- 
GAINING AGREEMENTS BETWEEN PUBLIC 
HEALTH COMMISSION AND SERVICE EM- 
PLOYEES INTERNATIONAL UNION, LOCAL 
888 REPRESENTING COORDINATORS, COUN- 
SELORS, CLERICAL STAFF, PROGRAMS AND 
LOCAL 2020 REPRESENTING NURSES, EX- 
EMPT EMPLOYEES, AFSCME LOCAL 787, 
STEAM FIREMEN AND OILERS, LOCAL 3. 
AND BPPA EMERGENCY MEDICAL SERVICES 
(DOCKET NO. 1109) 

On motion of President Flaherty Docket No. 1 1 09 was 
taken out of order. 

The following was received: 

City Of Boston 
Office of the Mayor 

August 10, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for the Public Health Commission for FY05 in the 
amount of $2,455,000 to cover the cost items contained 
within the collective bargaining agreements between the 
Public Health Commission and the Ser\'ice Employees 
International Union, Locals 888 representing Coordina- 
tors, Counselors, Clerical Staff Programs and Local 2020 
representing Nurses, Exempt Employees, AFSCME Lo- 
cal 787, Steam Fireman and Oilers Local 3, and BPPA 
Emergency Medical Ser\'ices. 

I respectfiilly request your support of this supplemen- 
tal appropriation for the Public Health Commission. 
Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the Public Health Commission in the fiscal period com- 
mencing July 1, 2004 and ending June 30, 2005, the sirai 
of TWO MILLION FOUR HUNDRED FIFTY FIVE 
THOUSAND DOLLARS ($2,455,000) be. and the same 
hereby is appropriated said sum to be met Irom taxa- 
tion pursuant to Section 23 of Chapter 59 of the General 
Laws: 2005-100-620100-56200 Public Health Commis- 
sion $2,455,000. 

Referred to the Committee of the Whole. 

Later in the session, on motion of Councilor Consal- 
vo, the rules were suspended; the order was passed. 



ORDER APPROVING TRANSFER OF 902 SQUARE 
FEET OF AIR RIGHT UNDER CONTROL OF 
PUBLIC IMPROVEMENT COMMISSION FROM 
PURPOSE OF DISCONTINUED STREET PAR- 
CEL TO SALE PARCEL AND AUTHORIZING 
SUCH AIR RIGHTS (DOCKET NO. 1097) 



The following was received: 

City Of Boston 
Office of the Mayor 



AUGUST 11, 2004 



239 



July 26, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an Order trans- 
ferring 902 square feet of air rights under the control 
of the Pubhc Improvement Commission (P.I.C.) from 
purpose of discontinued street parcel to sale parcel and 
authorizing the sale of such air rights located on Salina 
Road, Dorchester. 

That portion of Salina Road shown on a plan of land 
entitled "City of Boston, Public Works Department, En- 
gineering Division, Vertical Discontinuance Plan, Salina 
Road, Dorchester" was discontinued by vote of the P.I.C. 
on June 3, 2004, The P.I.C. has determined that these air 
rights are no longer needed for highway purposes. This 
Order also provides for the sale of the parcel. 

I urge your Honorable Body to approve this Order. 
Respectfully Submitted, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That pursuant to G,L, c, 40, § 15A, that 
portion of Salina Road discontinued by vote of the Public 
Improvement Commission on June 3, 2004, and shown on 
a plan of land entitled "City of Boston, Public Works De- 
partment, Engineering Division, Vertical Discontinuance 
Plan, Salina Road, Dorchester," shall be, and the same 
hereby is transferred from purpose of discontinued street 
parcel to sale parcel. 

IT IS FURTHER 

ORDERED: That the Mayor, acting on behalf of the 
Public Improvement Commission and pursuant to the 
authority granted to him under St. 1948, c, 452 § 17E, 
as amended by St. 1966 c, 642, § 14, be, and is hereby 
authorized to convey said air rights by a Release Deed, in 
form satisfactory to the Corporation Counsel, those por- 
tions of Salina Road discontinued by vote of the Public 
Improvement Commission on June 3, 2004, and shown 
on a plan of land entitled "City of Boston, Public Works 
Department, Engineering Division, Vertical Discontinu- 
ance Plan, Salina Road, Dorchester". 

Referred to the Committee on Aviation and Trans- 
portation. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $25,000 FROM 
CITIZENS BANK AS CHARITABLE CONTRI- 
BUTION TOWARD ENGLISH FOR NEW BOS- 
TONIANS PROJECT OF OFFICE OF NEW BOS- 
TONIANS FOR FISCAL YEAR 2005 PROJECT 
GRANTS (DOCKET NO. 1098) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 19,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order autho- 
rizing the Office of New Bostonians, acting on behalf of 
the City of Boston, to accept and expend a contribution 
not to exceed the amount of twenty-five thousand dollars 
($25,000.00) from the Citizens Bank as a charitable con- 
tribution toward the English for New Bostonians Project 
of the Office of New Bostonians for the fiscal year 2005 
project grants. 

I urge your Honorable to approve this order expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, the Director of the Office of New 



Bostonians, acting on behalf of the City of Boston, be and 
hereby is authorized to accept and expend a contribution 
not to exceed the amount of twenty-five thousand dollars 
($25,000.00), pursuant to section 53A of chapter 44 of 
the General laws from the Citizens Bank as a charitable 
contribution toward the English for New Bostonians of 
the Office of New Bostonians for the fiscal year 2005 
project grants. 

Referred to the Committee on New Bostonians. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF SI, 000 FROM 
FLEET BANK AS REIMBURSEMENT FOR EX- 
PENSES INCURRED BY OFFICE OF NEW BOS- 
TONIANS (DOCKET NO. 1099) 

The following was received: 

City Of Boston 
Oflfice of the Mayor 

July 19,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order autho- 
rizing the Office of New Bostonians, acting on behalf 
of the City of Boston, to accept and expend a contribu- 
tion not to exceed the amount of one thousand dollars 
($1,000,00) from Fleet Bank as reimbursement for ex- 
penses incurred by the Office of New Bostonians for the 
September 17, 2003 New Bostonians Community Day's 
related activities. 

I urge your Honorable to approve this order expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, the Director of the Office of New 
Bostonians, acting on behalf of the City of Boston, be 
and hereby is authorized to accept and expend a contri- 
bution not to exceed the amount of one thousand dollars 
($1,000,00), pursuant to section 53 A of chapter 44 of the 
General laws from Fleet Bank as reimbursement for ex- 
penses incurred by the Office of New Bostonians for the 
September 17, 2003 New Bostonians Community Day's 
related activities. 

Referred to the Committee on New Bostonians. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $1,000 FROM 
SOVEREIGN BANK AS REIMBURSEMENT 
FOR EXPENSES INCURRED BY OFFICE OF 
NEW BOSTONL\NS (DOCKET NO. 1 100) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 19,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order autho- 
rizing the Office of New Bostonians, acting on behalf 
of the City of Boston, to accept and expend a contribu- 
tion not to exceed the amount of one thousand dollars 
($1,000.00) fi-om Sovereign Bank as reimbursement for 
expenses incurred by the Office of New Bostonians for 
the September 17, 2003 New Bostonians Community 
Day's related activities. 

I urge your Honorable to approve this order expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



240 



CITY COUNCIL 



ORDERED: That, the Director of the Office of New 
Bostonians, acting on behalf of the City of Boston, be 
and hereby is authorized to accept and expend a contri- 
bution not to exceed the amount of one thousand dollars 
($1,000,00), pursuant to section 53 A of chapter 44 of the 
General laws from Sovereign Bank as reimbursement for 
expenses incurred by the Office of New Bostonians for 
the September 17, 2003 New Bostonians Community 
Day's related activities. 

Referred to the Committee on New Bostonians. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $1,000 FROM 
FLEET BANK AS REIMBURSEMENT FOR EX- 
PENSES INCURRED BY OFFICE OF NEW BOS- 
TONIANS (DOCKET NO. 1 101) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 19, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order autho- 
rizing the Office of New Bostonians, acting on behalf 
of the City of Boston, to accept and expend a contribu- 
tion not to exceed the amount of one thousand dollars 
($1,000,00) from Fleet/Bank of America as reimburse- 
ment for expenses to be incurred by the Office of New 
Bostonians for the September 22, 2004 New Bostonians 
Community Day's related activities. 

I urge your Honorable to approve this order expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That, the Director of the Office of New 
Bostonians, acting on behalf of the City of Boston, be 
and hereby is authorized to accept and expend a contri- 
bution not to exceed the amount of one thousand dollars 
($1,000.00), pursuant to section 53 A of chapter 44 ofthe 
General laws firom Fleet Bank as reinibursement for ex- 
penses to be incurred by the Office of New Bostonians 
for the September 22, 2004 New Bostonians Community 
Day's related activities. 

Referred to the Committee on New Bostonians. 



Mayor of Boston. 



ORDERED: That, the Director of the Office of New 
Bostonians, acting on behalf of the City of Boston, be 
and hereby is authorized to accept and expend a contri- 
bution not to exceed the amount of five hundred dollars 
($500.00), pursuant to section 53A of chapter 44 of the 
General laws firom Bingham McCutchen as reimburse- 
ment for expenses incurred by the Office of New Bosto- 
nians for the September 1 7, 2003 New Bostonians Com- 
munity Day's related activities. 

Referred to the Committee on New Bostonians. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND CENTU- 
RY BANK AND TRUST COMPANY FOR PROVI- 
SION OF LOCK BOX SERVICES (DOCKET NO. 
1105) 

The following was received: 

City Of Boston 
Office ofthe Mayor 

June 21, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an Order for the provision of Lock 
Box Services by Century Bank and Trust Company. Un- 
der G.L. c.44, § 53F, the City is authorized to enter formal 
"compensating balance" agreements with banking instim- 
tions for the provision of banking services. Your approval 
of these agreements is required under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the Treasury 
Department conducted an extensive competitive bidding 
process that resulted in the agreement that accompanies 
this letter. 

Under the terms of the attached agreement between 
the City of Boston and Century Bank and Trust Company, 
the City will keep a specified minimum balance with the 
contracting bank as compensation for various specified 
services rendered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking ser\'ices to the City, I urge your prompt approval 
of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER AUTHORIZING NEW BOSTONIANS TO AC- 
CEPT AND EXPEND GRANT OF $500 FROM 
BINGHAM, MCCUTCHEN AS REIMBURSE- 
MENT FOR EXPENSES INCURRED BY OFFICE 
OF NEW BOSTONIANS (DOCKET NO. 1 102) 

The following was received: 

City Of Boston 
Office of the Mayor 

July 19,2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an order autho- 
rizing the Office of New Bostonians, acting on behalf 
of the City of Boston, to accept and expend a contribu- 
tion not to exceed the amount of five hundred dollars 
($500.00) from Bingham McCutchen as reimbursement 
for expenses incurred by the Office of New Bostonians 
for the September 1 7, 2003 New Bostonians Community 
Day's related activities. 

I urge your Honorable to approve this order expedi- 
tiously. 

Sincerely, 

Thomas M. Menino, 



ORDERED: That the agreement made under the pro- 
visions of General Laws Chapter 44, section 53F, by 
and between the City of Boston and Cenmry Bank and 
Trust Company for the provision of Lock Box Services, 
in the form attached hereto, be and-the same hereby is, 
approved. 

Referred to the Committee on Financial Services 
and Community Investments. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND SOVER- 
EIGN BANK NEW ENGLAND FOR PROVISION 
OF LOCK BOX SERVICES (DOCKET NO. 1 106) 

The following was received: 

City Of Boston 
Office of the Mayor 

June 21. 2004 
To The City Council 
Dear Councilors: 

1 transmit herewith an Order for the provision of Bank- 
ing Services by Sovereign Bank New England. Under 
G.L. c.44, § 53F, the City is authorized to enter formal 



AUGUST 11, 2004 



241 



"compensating balance" agreements with bani<ing institu- 
tions for the provision of banking services. Your approval 
of these agreements is required under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the Treasury 
Department conducted an extensive competitive bidding 
process that resulted in the agreement that accompanies 
this letter. 

Under the terms of the attached agreement between 
the City of Boston and Sovereign Bank New England, 
the City will keep a specified minimum balance with the 
contracting bank as compensation for various specified 
services rendered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt approval 
of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the agreement made under the provi- 
sions of General Laws Chapter 44, section 53F, by and 
between the City of Boston and Sovereign Bank New 
England for the provision of Bank Services, in the form 
attached hereto, be and the same hereby is, approved. 

Referred to the Committee on Financial Services 
and Community Investments. 



ORDER APPROVING COMPENSATION BALANCE 
AGREEMENTS BETWEEN CITY AND CITI- 
ZENS BANK OF MASSACHUSETTS FOR PRO- 
VISION OF LOCK BOX SERVICES (DOCKET 
NO. 1 107) 

The following was received: 

City Of Boston 
Office of the Mayor 

June 21, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an Order for the provision of Bank- 
ing Services by Citizens Bank. Under G.L. c.44, § 53F, 
the City is authorized to enter formal "compensating bal- 
ance" agreements with banking institutions for the provi- 
sion of banking services. Your approval of these agree- 
ments is required under that statute. 

In order to take advantage of the considerable savings 
afforded through the use of such agreements, the Treasury 
Department conducted an extensive competitive bidding 
process that resulted in the agreement that accompanies 
this letter. 

Under the terms of the attached agreement between 
the City of Boston and Citizens Bank of Massachusetts, 
the City will keep a specified minimum balance with the 
contracting bank as compensation for various specified 
services rendered. 

In order to realize the greatest possible savings to the 
City, as well as to minimize any possible interruption of 
banking services to the City, I urge your prompt approval 
of this agreement. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That the agreement made under the provi- 
sions of General Laws Chapter 44, section 53F, by and 
between the City of Boston and Citizens Bank of Mas- 
sachusetts for the provision of Bank Services, in the form 
attached hereto, be and the same hereby is, approved. 

Referred to the Committee on Financial Services 
and Community Investments. 



ORDER AUTHORIZING POLICE DEPARTMENT TO 
ACCEPT AND EXPEND GRANT OF $80,335.67 
FROM COMMONWEALTH OF MASSACHU- 
SETTS, EXECUTIVE OFFICE OF PUBLIC 
SAFETY PROGRAMS DIVISION FOR PURPOSE 
OF ADDRESSING UNIQUE NEEDS OF DISAD- 
VANTAGED AND AT-RISK URBAN YOUTH 
AND THEIR FAMILIES (DOCKET NO. 1 108) 



The following was received: 

City Of Boston 
Office of the Mayor 

June 21, 2004 
To The City Council 
Dear 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 $80,335.67 from the Commonwealth of Mas- 
sachusetts, Executive Office of Public Safety Programs 
Division. This award is made for the purpose of address- 
ing the unique needs of disadvantaged and at-risk urban 
youth and their families, in particular that of pre-trial de- 
tainees during the difficult transition back to school. This 
effort is in collaboration with the Boston Police Deapart- 
ment, Boys & Girls Clubs of Boston, Youth Service Pro- 
viders Network, Department of Youth Services and the 
Boston Public School system. 

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 purposes for 
which they were granted. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



AN ORDER AUTHORIZING THE CITY OF BOSTON 

TO ACCEPT AND EXPEND THE DORCHESTER 

YOUTH AND FAMILY BYRNE GRANT FUNDS A 

WARDED BY THE MASSACHUSETTS OFFICE OF 

THE ATTORNEY GENERAL 

WHEREAS, The Commonwealth Massachusetts, Ex- 
ecutive Office of Public Safety Programs Division has 
authorized the issuance of fimds to the Boston Police De- 
partment; and 

WHEREAS, The ftinds in the amount of $80,335.67 
will be utilized by the Boston Police Department for the 
purpose of addressing the unique needs of disadvantaged 
and at-risk urban youth and their families, in particular 
that of pre-trial detainees during the difficult transition 
back to school; 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 Commonwealth Massachusetts, Executive 
Office of Public Safety Programs Division award not to 
exceed the amount of $80,335.67. 

Referred to the Committee on Public Safety. 



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS PERIOD 5-1- 
2004 TO 6-30-2004 (DOCKET NO. 1110) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 11,2004 
To The City Council 
Dear Councilors: 

1 transmit herewith information received from the Bos- 
ton Police Department pertaining to crime statistics for 
the period commencing May 1, 2004 through June 30, 
2004. 



242 



CITY COUNCIL 



Sincerely, 



Placed on file. 



Thomas M. Menino, 
Mayor of Boston. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY CITY 
COUNCIL AT ITS 6-23-04 MEETING (DOCKET 
NO. nil) 

To the City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 23, 2004 viz. 

0171 Ordinance regarding responsible pit bull owner- 
ship. 

Approved by the Mayor July 16, 2004. 

0810 Order to reduce the appropriation for the Re- 
serve for Collective Bargaining by $733,025.00 to pro- 
vide funding in Various Departments for the cost items 
contained within the collective bargaining agreements 
between the city of Boston and the Salaried Employees of 
North America (SENA), Locals 9158 and 9158E. 

Approved by the Mayor June 29, 2004. 

08 1 1 Order approving a supplemental appropriation of 
$733,025.00 to cover the cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and Salaried Employees of North America (SENA), 
Locals 9158 and 9 158E. 

Approved by the Mayor June 29, 2004. 

0947 The Constables Bonds of the following: Russell 
C. Castagna, Rolflyn Cazeau, John J. Beggan, David E. 
Boudreau, John P. Dinatale, Douglas Hansen, Alrick M. 
Humber, William D. Jackson, Marie A. Kashmanian, 
Whitney V Larcoche, Sandra T. Malloy-Blake, Michael 
Manning, Robert J. Manning, James J. McCarthy, Stephen 
P. Miller, Lawrence P. Neves, James R Sostek, Joseph M. 
Smith, Christopher B. Waites, Derek S. Wright. 

Approved by the Mayor July 8, 2004. 

Respectfully, 
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 6-30-04 MEETING (DOCKET 
NO. 1112) 

To The City Council, 

Councilors, 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 30, 2004 viz. 

0937 Message and order for Annual Appropriation and 
Tax Order for FY05. 

Approved by the Mayor June 30, 2004. 

0938 Message and order for Annual Appropriation for 
the School Department for FY05. 

Approved by the Mayor June 30, 2004. 

Respectfully, 

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 6-30-04 MEETING (DOCKET 
NO. 1113) 

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 June 30, 2004 viz. 

0269 Ordinance prohibiting the use of gas powered 
scooters on public and private ways. 

Approved by the Mayor July 14, 2004. 

0395 Order approving the transfer of 1,201 square feet 
of surface rights under the control of the Public Improve- 
ment Commission (P.I.C.) from the purpose of discontin- 
ued street parcel to sale parcel and authorizing the sale of 
such surface rights located on Cambridge Street Avenue, 
Boston Proper. 

Approved by the Mayor July 8, 2004. 

0522 Order authorizing the City to enter into one or 
more lease, lease-purchase of installment sales agree- 
ments in FY05 in an amount not to exceed $ 1 0,000,000.00 
and in FY06 in an amount not to exceed $10,000,000.00 
for different City departments for the acquisition of 
equipment in fiirtherance of the respective governmental 
functions. 

Approved by the Mayor July 8, 2004. 

0787 Order for loan of $1,665,000.00 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 in- 
crease the floor space of said buildings including the cost 
of original equipment, and furnishings of said buildings 
for the purposes of the Fire and Police Departments. 

Approved by the Mayor July 8, 2004. 

0788 Order for loan of $ 1 2,875,000.00 for the planning, 
designing, acquiring land for, constructing and originally 
equipping structures and facilities and for remodeling, re- 
constructing, or making 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 purpose of the School Department. 

Approved by the Mayor July 8, 2004. 

0789 Order for loan of $10,325,000.00 for the remod- 
eling, reconstructing, making extraordinary repairs to 
existing facilities including original equipment and land- 
scaping, paving and other site improvements incidental 
or directly related to such remodeling, reconstruction or 
repair for the purpose of the Fire, Library. Neighborhood 
Development, Police, Property and Construction Man- 
agement and Public Health Commission Departments. 

Approved by the Mayor July 8. 2004. 

0790 Order for loan of $28,960,000.00 for the remod- 
eling, reconstructing, making extraordinary repairs to 
existing facilities including original equipment and land- 
scaping, paving and other site improvements incidental 
or directly related to such remodeling, reconstruction or 
repair for the purpose of the Boston Center for Youth and 
Families and School Departments. 

Approved by the Mayor July 8, 2004. 

0791 Order for loan of $8,870,000.00 for construction 
or reconstruction of surface drains and sewers, the con- 
struction, reconstruction, laying, relaying and extension of 
water mains, the purchase, replacement or rehabilitation 
of water departmental equipment and for the construction 
of a new standpipe and/or the rehabilitation of an existing 
standpipe for the purposes of the Neighborhood Develop- 
ment and Parks and Recreation Departments. 



AUGUST 11, 2004 



243 



Approved by the Mayor July 8, 2004. 

0792 Order for loan of $8,635,000.00 for construction 
or reconstruction of bridges of stone or concrete or of iron 
superstructure for the purposes of the Public Works De- 
partment. 

Approved by the Mayor July 8, 2004. 

0793 Order for loan of $10,300,000.00 for 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 pur- 
pose of the Public Works Department. 

Approved by the Mayor July 8, 2004. 

0794 Order for loan of $1,820,000.00 for the cost of 
departmental equipment for the purpose of the Fire and 
Parks and Recreation Departments. 

Approved by the Mayor July 8, 2004. 

0795 Order for loan of $945,000.00 for the installa- 
tion of streets lighting for the purpose of the Public Works 
Department. 

Approved by the Mayor July 8, 2004. 

0796 Order for loan of $280,000.00 for developing 
land for burial purposes and for constructing paths and 
avenues and embellishing the grounds in city-owned 
cemeteries under the management of the Parks and Rec- 
reation Department. 

Approved by the Mayor July 8, 2004. 

0797 Order for loan of $9,775,000.00 for the construc- 
tion of municipal outdoor recreational and athletic facili- 
ties, including the acquisition and development of land 
and the construction and reconstruction of such facilities, 
for the purpose of the Parks and Recreation Department. 

Approved by the Mayor July 8, 2004. 

0798 Order for loan of $505,000.00 for the develop- 
ment, design, purchase, installation and operation of 
computer hardware, other data processing equipment and 
computer assisted integrated financial management and 
accounting systems, for the purpose of the School De- 
partment. 

Approved by the Mayor July 8, 2004. 

1018 Ordinance amending CBC 2-8.3 City Council 
Personnel. 

Approved by the Mayor July 8, 2004. 

Respectfiilly, 
Rosaria Salerno, 
City Clerk. 
Placed on file. 



ABSENCE OF THE MAYOR 
(DOCKET NO. 1114) 

Notice was received fi-om the Mayor of his absence 
fi-om the City on July 30, 2004 until August 30, 2004. 
Placed on file. 



COMMUNICATION FROM AUDITING DEPART- 
MENT REGARDING FISCAL YEAR 2005 PAY- 
ROLL ALLOTMENT SCHEDULES FOR ALL 
CITY DEPARTMENTS (DOCKET NO. 1 1 15) 

Communication was received from Auditing Depart- 
ment regarding the Fiscal Year 2005 Payroll Allotment 
Schedules for all City Departments. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 1116) 

Notice was received from the Mayor of the appoint- 
ment of Karen Connor as the Acting Budget Director, ef- 
fective March 29, for a period not to exceed 60 days. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 1117) 

Notice was received fi-om the Mayor of the appoint- 
ment of Karen Connor as the Acting Budget Director, ef- 
fective May 28, for a period not to exceed 60 days. 

Placed on file. 



APPOINTMENT BY THE MAYOR 
(DOCKET NO. 1118) 

Notice was received from the Mayor of the appoint- 
ment of Karen Connor as the Acting Budget Director, ef- 
fective July 27, for a period not to exceed 60 days. 

Placed on file. 



COMMUNICATION FROM CITY CLERK OF FILING 
BY BRA OF SDCTH AMENDMENT TO REPORT 
AND DECISION FOR THE SALE OF 245 SUM- 
MER STREET A CHAPTER 121 A PROJECT 
(DOCKET NO. 1119) 

Communication was received fi-om City Clerk of the 
filing by the Boston Redevelopment Authority of the 
Sixth Amendment to Report and Decision for the sale of 
245 Summer Street. A Chapter 121A Project. 

Placed on file. 



COMMUNICATION RECEIVED FROM CITY CLERK 
OF FILING BY THE BOSTON REDEVELOP- 
MENT AUTHORITY OF "FIRST AMENDMENT 
TO REPORT AND DECISION ON THE CITY 
SQUARE ELDERLY HOUSING CHAPTER 121 A 
PROJECT (DOCKET NO. 1 120) 

Communication was received fi-om the City Clerk of 
the filing by the Boston Redevelopment Authority of the 
First Amendment to Report and Decision on The City 
Square Elderly Housing Chapter 121 A Project. 

Placed on File. 

Councilor Scapicchio moved for reconsideration. 

Reconsideration prevailed. 

On motion of Councilor Scapicchio. Docket No. 
1120 was referred to the Committee on Planning and 
Economic Development. 



NOTICE FROM CITY CLERK RE: ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY CITY 
COUNCIL AT ITS 7-14-04 MEETING (DOCKET 
NO. 1121) 

To The City Council 

Councilors: 

In accordance with Chapter 6 of the Ordinances of 
1979, I hereby notify you of the following actions taken 
by the Mayor with regard to the papers acted upon by the 
Cify Council at its meeting of July 14, 2004 viz. 

0577 Order to facilitate the disposition and redevelop- 
ment of the A, B, C, D, and I Building, located at the for- 
mer Boston Specialty and Rehabilitation Hospital in Mat- 



244 



CITY COUNCIL 



tapan, from the Committee on Planning and Economic 
Development. 

Approved by the Mayor July 20, 2004. 

0633 Order authorizing the Department of Neigh- 
borhood Development to apply for, accept, and expend 
a Federal FY2004 Emergency Shelter grant (ESG) of 
$902,342.00 from the U.S. Department of Housing and 
Urban Development. 

Approved by the Mayor July 20, 2004. 

0634 Order authorizing the Department of Neighbor- 
hood Development to apply for, accept, and expend a 
Federal FY2004 Housing Opportunities for Persons with 
AIDS grant (HOPW A) of $1,829,000.00 from the U.S. 
Department of Housing and Urban Development. 

Approved by the Mayor July 20, 2004. 

0723 Order authorizing the Department of Neigh- 
borhood Development to apply for, accept, and expend 
a Federal FY2003 and FY2004 American Dream Down 
payment initiative grant of $747,473.00 fi-om the U.S. De- 
partment of Housing and Urban Development. 

Approved by the Mayor July 20, 2004. 

0729 Order declaring surplus of 8 Cedar St. and 1 5 
Millmont St. and to transfer the care, custody, manage- 
ment and control of said property to the Public Facilities 
Commission for sage or lease under terms and conditions 
deemed by the Commission to be most appropriate for 
the City. 

Approved by the Mayor July 20, 2004. 

0807 Order authorizing the Department of Neighbor- 
hood Development to apply for, accept and expend a Fed- 
eral FY2004 Shelter Plus Care grant of $7,200,000.00 
from the U.S. Department of Housing and Urban Devel- 
opment (HUD). 

Approved by the Mayor July 20, 2004. 

0808 Order authorizing the Department of Neigh- 
borhood Development to apply for, accept, and expend 
a Federal FY2004 Lead-Based Paint Hazard Reduction 
Demonstration grant of $4,000,000.00 fi-om the U.S. De- 
partment of Housing and Urban Development (HUD), 
from the Committee on Housing. 

Approved by the Mayor July 20, 2004. 

0809 Order authorizing the Department of Neighbor- 
hood Development to apply for, accept, and expend a 
Federal FY2004 Lead-Based Paint Hazard Control grant 
of $3,000,000.00 fi-om the U.S. Department of Housing 
and Urban Development (HUD), fi-om the Committee on 
Housing. 

Approved by the Mayor July 20, 2004. 

0941 Order authorizing the Fire Department to accept 
and expend a grant of $30,000.00 from the U.S. Fire Ad- 
ministration FY2003 Fire Prevention and Safety for the 
Juvenile Firesetter Intervention Program, for the purpose 
of prevention, education, diagnosis and rehabilitative 
treatment of juvenile firesetters. 

Approved by the Mayor July 20, 2004. 

0986 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $377,840.00 to provide fund- 
ing in the School Department for the cost items contained 
within the collective bargaining agreement between the 
school committee and the Boston Association of School 
Administrators and Supervisors (BASAS). 

Approved by the Mayor July 20, 2004. 

0987 Order approving a supplemental appropriation 
of $377,840.00 to cover the cost items contained within 
the collective bargaining agreement between the School 
Committee and the Association of School Administrators 
and Supervisors (BASAS). 

Approved by the Mayor July 20, 2004. 



0988 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $13,000.00 to provide fund- 
ing in the Graphic Arts Department for the cost items 
contained within the collective bargaining agreement be- 
tween the City and the Commercial Division 67 of the 
Boston Newspaper Printing Pressmen's Union Local 3. 

Approved by the Mayor July 20, 2004. 

0989 Order approving a supplemental appropriation 
$13,000.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Commercial Division 67 of the Boston Newspaper Print- 
ing Pressmen's Union Local 3. 

Approved by the Mayor July 20, 2004. 

1021 Order to reduce the appropriation for the Reserve 
for Collective Bargaining by $2 1 ,000.00 to provide fund- 
ing in the Graphic Arts Department for the FYOS cost 
items contained within the collective bargaining agree- 
ment between the CitY and the Commercial Division 67 
of the Boston Newspaper Printing Pressmen's Union Lo- 
cal 3. 

Approved by the Mayor July 20, 2004. 

1022 Order approving a supplemental appropriation 
$21,000.00 to cover the cost items contained within the 
collective bargaining agreement between the City and the 
Commercial Division 67 of the Boston Newspaper Print- 
ing Pressmen's Union Local 3. 

Approved by the Mayor July 20. 2004. 
Placed on file. 



NOTICE FROM CITY CLERK RE ACTIONS TAKEN 
BY MAYOR ON PAPERS ACTED UPON BY 
CITY COUNCIL AT ITS 7-25-04 MEETING 
(DOCKET NO. 1122) 

In accordance with Chapter 6 of the Ordinances of 
1979, I 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 July 25, 2004 viz. 

1073 Message and order to reduce the appropriation for 
the Reserve for Collective Bargaining by $8,600,000.00 
to provide funding in the Police Department for the FYOS 
cost items contained within the arbittation award for the 
Boston Police Pattolmen's Association (BPPA). 

Approved by the Mayor July 29, 2004. 

1 074 Message and order approving a supplemental ap- 
propriation for FYOS for Boston Police Department in the 
amount of $8,600,000.00 for the cost items contained in 
an award of the arbitrator appointed by the Joint-Labor 
Management Committee which amends the salar>' sched- 
ule for the Police Patrolmen's Association (BPPA). 

Approved by the Mayor July 29, 2004. 

1075 Message and order to reduce the appropriation for 
the Reserve for Collective Bargaining by $2,200,000.00 
to provide funding in the Police Department for the FYOS 
cost items contained within the arbitration award for the 
Boston Police Superior Officers Federation. 

Approved by the Mayor July 29. 2004. 

1076 Message and order approving a supplemental ap- 
propriation for FYOS for Boston Police Department in the 
amount of $2,200,000.00 for the cost items contained in 
the arbitration award by Lawrence T. Holden, Jr. on July 
23, 2004, which amends the salary schedule for the Police 
Superior Officers Federation. 

Approved by the Mayor July 29, 2004. 

1077 Message and order to reduce the appropriation for 
the Reserve for Collective Bargainmg by $1,815,000.00 
to provide ftmding in the Police Department for the FYOS 
cost items contained within the arbitration award for the 
Boston Police Detectives Bene\olent Society. 

Approved by the Mayor July 29, 2004. 



AUGUST 11, 2004 



245 



1078 Message and order approving a supplemental ap- 
propriation for FY05 for Boston Police Department in the 
amount of $1,815,000.00 for the cost items contained in 
the arbitration award by Lawrence T. Holden, Jr on July 
23, 2004, which amends the salary schedule for the Police 
Detectives Benevolent Society. 

Approved by the Mayor July 29, 2004. 

1 079 Message and order to reduce the appropriation for 
the Reserve for Collective Bargaining by $1,067,000.00 
to provide funding in the Police Department for the FY05 
cost items contained within the arbitration award for the 
Boston Police Detectives Benevolent Society, Superior 
Officers. 

Approved by the Mayor July 29, 2004, 

1080 Message and order approving a supplemental ap- 
propriation for FY05 for Boston Police Department in the 
amount of $1,067,000.00 for the cost items contained in 
the arbitration award by Lawrence T. Holden, Jr on July 
23, 2004, which amends the salary schedule for the Police 
Detectives Benevolent Society, Superior Officers. 

Approved by the Mayor July 29, 2004. 

1 08 1 Message and order approving a supplemental ap- 
propriation for FY05 for Boston Fire Department in the 
amount of $7,173,000.00 for the cost items contained in 
the arbitrator award of Lawrence T. Holden, Jr on July 25, 
2004 which amends the salary schedule for Local 718, 
International Association of Firefighters, AFL-CIO. The 
FY04 costs will be funded from a collective bargaining 
reserve encumbered for that year. 

Approved by the Mayor July 29, 2004. 

1 082 Message and order to reduce the appropriation for 
the Reserve for Collective Bargaining by $7,173,000.00 
to provide funding in the Fire Department for the FY05 
cost items contained within the arbitration award for Lo- 
cal 718, International Association of Firefighters, AFL- 
CIO. 

Approved by the Mayor July 29, 2004. 

Respectfully, 
Rosaria Salerno, 
City Clerk. 
Placed on file. 



ought to be confirmed. 

The report was accepted; the appointments were 
confirmed. 



REPORT ON ORDER FOR CONFIRMATION OF 
CONSTABLES AUTHORIZED TO SERVE CIVIL 
PROCESS UPON FILING OF BONDS FOR PE- 
RIOD ENDING APRIL 30, 2007 (DOCKET NO. 
1030) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1030, message of the Mayor and 
order for confirmation of Constables authorized to serve 
civil process upon filing of Bonds for period ending April 
30, 2007 (referred July 14) - recommending the order 
ought to be confirmed. 

The report was accepted; the appointments were 
confirmed. 



REPORT ON ORDER FOR CONFIRMATION OF 
CONSTABLES AUTHORIZED TO SERVE CIVIL 
PROCESS UPON FILING OF BONDS FOR PE- 
RIOD ENDING APRIL 30, 2007 (DOCKET NO. 
1031) 

Councilor FEENEY, on behalf of the Committee on 
Government Operations, submitted the following: 

Report on Docket No. 1 03 1 , message of the Mayor and 
order for confirmation of Constables authorized to serve 
civil process upon filing of Bonds for period ending April 
30, 2007 (referred July 14) - recommending the order 



REPORT ON ORDER AUTHORIZING OFFICE OF 
CONSUMER AFFAIRS AND LICENSING TO 
ACCEPT AND EXPEND MULTIPLE GRANTS 
OF $1,000 FOR FY2003, $52,000 FOR FY2004, 
$44,000 FOR FY2005, $55,000 FOR FY2006 AND 
$44,000 FOR FY2007 FROM COMMONWEALTH 
OF MASSACHUSETTS ATTORNEY GENER- 
ALS LOCAL CONSUMER AID FUND FOR 
NECESSARY PERSONNEL AND RESOURCES 
TO EDUCATE AND INFORM RESIDENTS OF 
CITY WITH REGARD TO THEIR CONSUMER 
RIGHTS AND RESPONSIBILITIES (DOCKET 
NO. 0147) 

Councilor KELLY, on behalf of the Committee on 
Planning Economic Development, submitted the follow- 
ing: 

Report on Docket No. 0147, message of the Mayor and 
order authorizing the Office of Consumer Affairs and Li- 
censing to accept and expend multiple grants of $1,000 
for FY2003, $52,000 for FY2004, $44,000 for FY2005, 
$55,000 for FY2006 and $44,000 for FY2007 from Com- 
monwealth of Massachusetts Attorney General's Local 
Consumer Aid Fund for the necessary personnel and re- 
sources to educate and inform the residents of the City 
with regard to their consumer rights and responsibilities 
(referred January 28)~ recommending passage of the or- 
der. 

The report was accepted; the order was passed. 



REPORT ON ORDER FOR CONFIRMATION OF 
APPOINTMENT OF CYNTHIA KELIHER TO 
BOARD OF DIRECTORS OF BOSTON INDUS- 
TRIAL DEVELOPMENT FINANCfNG AU- 
THORITY FOR TERM EXPIRING APRIL 1 , 2009 
(DOCKET NO. 0578) 

Councilor KELLY, on behalf of the Committee on 
Planning and Economic Development, submitted the fol- 
lowing: 

Report on Docket No. 0578, message of the Mayor and 
order for the confirmation of the appointment of Cynthia 
Keliher to the Board of Directors of the Boston Industrial 
Development Financing Authority for a term expiring 
April 1 , 2009 (referred May 8) - recommending the ap- 
pointment ought to be confirmed. 

The report was accepted; the appointment was con- 
firmed. 



REPORT ON ORDER AUTHORIZING DEPARTMENT 
OF NEIGHBORHOOD DEVELOPMENT TO 
EXPEND FEDERAL FY2003 ECONOMIC DE- 
VELOPMENT INITIATIVE SPECIAL PROJECTS 
GRANT OF $447,075 AND FEDERAL FY2004 
(EDI) SPECIAL PROJECTS GRANT OF $150,000 
FROM U.S. DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT (HUD) FOR DEVEL- 
OPMENT OF LOW AND MODERATE-FNCOME 
HOUSING AND AFFORDABLE HOUSING EN- 
VIRONMENTAL REMEDL\TION (DOCKET NO. 
1041) 

Councilor KELLY, on behalf of the Committee of 
Planning and Economic Development, submitted the fol- 
lowing: 

Report on Docket No. 1041, message and order autho- 
rizing the Department of Neighborhood Development to 
expend a Federal FY2003 Economic Development Initia- 
tive grant of $447,075 and a Federal FY2004 EDI Special 
Projects grant of $150,000 fi-om the U.S. Department of 



246 



CITY COUNCIL 



Housing and Urban Development (HUD) for develop- 
ment of low and moderate-income housing and affordable 
housing environmental remediation (referred July 14) - 
recommending the passage of the order. 

The report was accepted; the order, was passed. 



REPORT ON ORDER AUTHORIZING DEPART- 
MENT OF NEIGHBORHOOD DEVELOPMENT 
TO APPLY FOR, ACCEPT AND EXPEND FED- 
ERAL FY2004 COMMUNITY DEVELOPMENT 
BLOCK GRANT OF $24,265,000 FROM U.S. 
DEPARTMENT OF HOUSING AND URBAN DE- 
VELOPMENT (HUD) (DOCKET NO. 1064) 

Councilor KELLY, on behalf of the Committee of 
Planning and Economic Development, submitted the fol- 
lowing: 

Report on Docket No. 1064, message and order au- 
thorizing the Department of Neighborhood Development 
to apply for, accept and expend a Federal FY2004 Com- 
munity Development Block grant of $24,265,000 fi"om 
the U.S. Department of Housing and Urban Development 
(HUD) (referred July 14) - recommending the passage of 
the order. 

The report was accepted; the order was passed. 



REPORT ON ORDER AUTHORIZING DEPARTMENT 
OF NEIGHBORHOOD DEVELOPMENT TO 
EXPEND FEDERAL FY2004 HOME INVEST- 
MENT PARTNERSHIPS PROGRAM GRANT 
OF $8,743,255 FROM U.S. DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT 
(HUD) (DOCKET NO. 1068) 

Councilor KELLY, on behalf of the Committee of 
Planning and Economic Development, submitted the fol- 
lowing: 

Report on Docket No. 1068, message and order au- 
thorizing the Department of Neighborhood Development 
to expend a Federal FY2004 HOME Investment Partner- 
ships Program grant of $8,743,255 fi-om the U.S. Depart- 
ment of Housing and Urban Development (HUD) (re- 
ferred July 14) - recommending the passage of the order. 

The report was accepted; the order was passed. 



ORDER FOR HEARING TO DISCUSS ANY CHANG- 
ES THAT NEED TO BE MADE TO TRY TO AD- 
DRESS CONCERNS AND ISSUES ON IMPLE- 
MENTATION OF SMOKING BAN (DOCKET 
NO. 1123) 

Cluncilors FEENEY, KELLY, MCDERMOTT, 
SCAPICCHIO, TOBIN, MURPHY and FLAHERTY of- 
fered the following: 

WHEREAS: In 1993 the Boston City Council passed 
the Workplace Smoking Pollution Control Ordinance that 
employers in the City of Boston to adopt policies that rea- 
sonably accommodate the preferences of nonsmokers and 
smokers; and 

WHEREAS: On May 5, 2003 by Executive Order the 
Boston Public Health Commission established smoke- 
free worksites throughout the City of Boston; and 

WHEREAS: The new smoking ban has forced smok- 
ing patrons of bars and restaurant establishments to con- 
gregate on the sidewalks and streets abutting the estab- 
lishments. The large gatherings have created trash and 
noise problems that have negatively impacted residents 
throughout the City of Boston; and 

WHEREAS: Many owners have tried to address these 
problems by placing additional trash receptacles and cre- 
ating patio servicing areas, however, some problems still 
persist; and 

WHEREAS: The City needs to address and explore 
some of the ongoing and recent challenges caused by 



the anti-smoking polices such as outdoor smoking areas; 
Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council hold a public hearing to discuss 
any changes that need to be made to try to address the 
concerns and issues regarding the implementation of the 
smoking ban. Officials from the Boston Public Health 
Commission, the Inspectional Services Department, and 
all other interested parties will be invited to give testi- 
mony on the matter. 

Referred to the Committee on Health and Human 



ORDER FOR HEARING TO DISCUSS FEASIBILITY 
OF ENACTING REGULATIONS FOR SOLICIT- 
ING FUNDS ON PUBLIC WAYS THROUGHOUT 
CITY (DOCKET NO. 1 124) 

Councilors FEENEY, CONSALVO and MCDER- 
MOTT offered the following: 

WHEREAS: The City of Boston has a duty to prevent 
dangers to persons and property, to prevent delays, and to 
avoid interference with traffic flow; and 

WHEREAS: The presence of pedestrians soliciting 
money for goods and for charitable and non-profit organi- 
zations at major intersections and other public ways in the 
City poses danger to both pedestrians and traffic; and 

WHEREAS: Concerns have been raised about the 
safety of people soliciting in busy intersections, espe- 
cially children and young people, who weave in and out 
of the traffic; and 

WHEREAS: Many residents have also questioned the 
legitimacy of the organizations that are constantly solicit- 
ing funds; and 

WHEREAS: The City of Boston needs to consider cre- 
ating rules and regulations governing the solicitation of 
fiinds on public ways to ensure the safely of solicitors and 
also to safeguard the residents of the City from fraudulent 
solicitors: Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council conduct a hearing to discuss the 
feasibility of enacting regulations for soliciting fiinds on 
public ways throughout the City of Boston. Officials from 
the Boston Police Department, the State Police Depart- 
ment, the Public Charities Division of the Massachusetts 
Attorney Generals Office, the Department of Conserva- 
tion and Recreation, and all other interested parties will 
be invited to give testimony on this matter. 

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



ORDER RE: 43 MELROSE STREET 
(DOCKET NO. 1125) 

Coimcilor KELLY offered the following: 
ORDER REGARDING 43 MELROSE STREET 

WHEREAS, according to city records on August 10, 
1909, the city of Boston took by eminent domain for 
school purposes, part of a parcel of land measuring ap- 
proximately ten feet wide (1 0.0 feet) and forty-eight feet 
long that is adjacent to 43 Melrose Street, Boston; and 

WHEREAS, since purchasing the property at 43 Mel- 
rose Street in 1984, the current owner has, with the ap- 
proval of the Boston School Department, maintained the 
passageway as a driveway to alleviate the burden of lim- 
ited parking in the neighborhood; and 

WHEREAS, the Land Court in 1999, acknowledged 
that the property was under the care, custody and control 
of the City, noting: "the City is the record owner of the 
adjacent Boston High site, which includes a strip of land 
the owner refers to as a 'driveway" and the City refers to 
as a 'passageway.' 

WHEREAS, the Boston City Council, after having 
a public hearing in 1989. concluded that the driveway 



AUGUST 11, 2004 



247 



served no school or public purpose, was not traversable 
as a fire lane, and was, in fact, used almost exclusively as 
a private driveway by the owner of 43 Melrose Street for 
approximately the last forty years, and accordingly sup- 
ported the request to have the property conveyed to the 
owner of 43 Melrose Street; and 

WHEREAS, on September 11, 2000 the Boston City 
Council's Committee on Environment and Historic Pres- 
ervation recommended that since the land was of no use 
to the city, the Boston School Department (City of Bos- 
ton) either release the property to the abutter for a fair 
market value, or grant an easement implied by neces- 
sity to the owner of 43 Melrose. The school department 
granted use of the passageway/driveway to the owner for 
parking; and 

WHEREAS, G.L. c. 40 §15 states that upon notifica- 
tion to the City Council that a parcel "is no longer re- 
quired for public purposes" the City Council may, with 
the approval of the Mayor, by a two-thirds vote, authorize 
the conveyance of such land; and 

WHEREAS, G.L. c. 40 §15A states that land held by 
one agency or department may be transferred back to 
another for disposition consistent with the provisions of 
G.L, c. 40 §15, therefore be it 

ORDERED: that the Boston City Council requests that 
the City of Boston, consistent with the provision of the 
above statutes, declare that the above property is no lon- 
ger required for pubic purposes and offer said property 
under the abutter lot program to the abutter owner of 43 
Melrose Street. 

Referred to the Committee on Environment and 
Historic Preservation. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1126) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name until Friday, September 24, 
2004: 

Karen Chacon Secretary 673.08 full time 

Sita Smith Secretary 673.08 fijll time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1127) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 21, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
12,2004: 

Jerome Smith Administrative Asst. 1,153.85 full time 

Passed under suspension of the rules. 



ORDINANCE RE: AGE RESTRICTIONS IN PLAY- 
GROUNDS AND TOT LOTS (DOCKET NO. 
1128) 

Councilors FLAHERTY, FEENEY and MCDER- 
MOTT offered the following: 

CITY OF BOSTON 
IN THE YEAR 2004 

AN ORDINANCE REGARDLNG AGE RESTRIC- 
TIONS IN PLAYGROUNDS AND TOT LOTS 

WHEREAS, M.G.L. c. 45 §§14-18 encourages the 
creation of playgrounds to promote youth recreation, play, 
sports and physical education; and 

WHEREAS, The City maintains playgrounds and tot 
lots to provide for safe and accessible parkland for chil- 



dren's outdoor activities; and 

WHEREAS, Some adults, unaccompanied by children, 
interfere with these activities by loitering or intimidating 
and/or harassing the children and their families in and 
around a playground or tot lot; and 

WHEREAS, Recognizing this problem, other cities re- 
strict the use of playgrounds: New York City, for example, 
restricts adults from entering playground areas unless ac- 
companied by a child; and 

WHEREAS, A similar restriction in the playgrounds 
in the City of Boston will help provide for the safety and 
welfare of the children of the City. NOW THEREFORE, 

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

CBC Chapter 16-49 is hereby added: 

16.49 Age Restrictions in Playgrounds and Tot Lots. 

16-49.1 Purpose. 

The City of Boston maintains playgrounds and tot lots 
to provide for the recreation, play, and sports and physi- 
cal education of children. Adults disturb and discourage 
these uses when they loiter in the park unaccompanied by 
a child or engage in activities which are not conducive to 
the comfort and safety of the children and their parents, 
guardians, or caretakers. 

16-49.2 Definitions. 

Unless specifically indicated otherwise, these defini- 
tions shall apply and control in these sections. 

(a) Accompany means to go with as an associate or 
companion of a child, whether as a parent, relative, guard- 
ian, or caretaker. 

(b) Adult means any individual over the age of six- 
teen. 

(c) Boston Parks and Recreation Department means 
the Boston Parks and Recreation Department or its suc- 
cessor. 

(d) Child(ren) means minor(s) under the age of 
twelve. 

(e) City means the City of Boston. 

(f) Playground means any City parkland with or with- 
out playground equipment, intended principally for the 
use of children and their parents to accommodate and 
promote the recreation, play, and sports and physical edu- 
cation of children and specifically includes areas known 
as tot lots. 

16-49.3 Prohibition 

No Adult shall be allowed in a Playground area unless 
Accompanied by a Child. This prohibition shall not be 
constnied to prohibit the use of any Playground by Adults 
or Children of special age groups at the discretion of the 
Boston Parks and Recreation Department pursuant to 
M.G.L. c. 45 s. 18. 

1 6-49.4 Enforcement and Penalties 

(a) The Boston Parks and Recreation Department and 
the Boston Police Department shall have the authority to 
enforce the provisions of these sections. 

(b) Any violation of these sections shall be subject to 
a fine of twenty-five dollars and no cents ($25.00) and to 
any other fine or penalty for failure to comply with any 
reasonable direction given by any member of the law en- 
forcement community or by any employee of the Boston 
Parks and Recreation Department pursuant to Sections 7 
and 10 of the Rules of the Boston Parks and Recreation 
Commission. 

16-49.5 Applicability. 

If any provision of these sections imposes greater re- 
strictions or obligations than those imposed by any other 
general law, special law, regulation, rule, ordinance, or- 
der, or policy then the provisions of these sections shall 
control. 

16-49.6 Regulatory Authority. 

The Boston Parks and Recreation Department shall 
have the authority to promulgate rules and regulations 
necessary to implement and enforce these sections. 

16-49.7 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. 



248 



CITY COUNCIL 



16-49.8 Implementation. 

The provisions of these sections shall be effective im- 
mediately upon passage and all provisions shall be en- 
forced immediately, but no monetary penalties shall be 
imposed pursuant hereto until ninety (90) calendar days 
after passage. 



2004; 



Elizabeth Sullivan Secretary 250.00 part time 

David B. Isberg Administrative Asst. 1,250.00 full 



tune 



Passed under suspension of the rules. 



Councilor SCAPICCHIO in the Chair. 



President FLAHERTY in the Chair. 
Referred to the Committee on Government Opera- 
tions. 



ORDER BOSTON STREET BOOK BE AVAILABLE 
TO PUBLIC BY 1-1-2005 (DOCKET NO. 1 129) 

Councilor FLAHERTY offered the following: 

WHEREAS: There have been changes to the streets 
of Boston and other information contained in Boston's 
Streets since its January 1, 1999 publication; and 

WHEREAS: The Boston Transportation Department 
also publishes a booklet on Boston's Streets; and 

ORDERED: That the purchasing agent, in conjunction 
with the Commissioners of Public Works, Transportation 
and Elections, be authorized, empowered and directed 
to print up to ten thousand copies (10,000) of the book 
entitled Boston's Streets, with changes to date, to be dis- 
tributed by the City Council to various department and to 
be available for sale to others, the expense of the same to 
be charged to the appropriation for City Documents; and 
be it further 

ORDERED: That the book be available to the public 
by January 1, 2005. 

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



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1130) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 2 1 , 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
12,2004: 

Calvin Feliciano Secretary 461.54 ftill time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLO"yEES 
(DOCKET NO. 1131) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name until Friday, November 12, 
2004: 

Janet M. Doherty Secretary 403.50 part time 
Annmarie Geary Secretary 343.40 part time 
Carolyn Geary Administrative Asst. 1,082.88 full time 
Paul J. Walkowski Administrative Asst. 1,054.72 full 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1132) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name imtil Friday, November 12, 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1133) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 14, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
12, 2004: 

Elaine J. Gowdy Administrative Asst. 769.24 fiiU time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1134) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, July 3, 2004, the fol- 
lowing named person be, and hereby is, appointed to the 
position set against their name until Friday, November 1 2, 
2004: 

William P. Doherty Administrative Asst. 1,044.87 full 
time 

Melissa A. Finn Secretary 583.33 full time 

Robert J. Noto, Jr. Administrative Asst. 708.33 full 
time 

E. Joseph O'Keefe Secretary 1,125.85 full time 

Passed under suspension of the rules. 



ORDER RE; FAIR AND REASONABLE APPLICA- 
TION OF RESIDENTIAL TAX EXEMPTION 
(DOCKET NO. 1135) 

Counciliors TOBIN, MCDERMOTT SCAPICCHIO, 
FLAHERTY, HENNIGAN and FEENEY offered the fol- 
lowing: 

CITY OF BOSTON 
IN THE YEAR TWO THOUSAND FOUR 

AN ORDER REGARDING THE FAIR AND REASON- 
ABLE APPLICATION OF THE RESIDENTIAL TAX 
EXEMPTION 

WHEREAS, Property owners in Boston receive a valu- 
able incentive, through a residential exemption authorized 
in Massachusetts General Laws c. 59. s. 5C. to occupy the 
residential property that they own; and 

WHEREAS, Property owners who occupy their resi- 
dential property have additional incentives to maintain 
their property in good condition for their own safety and 
wellbeing; and 

WHEREAS, It is in the interest of all Bostonians that 
residential property throughout the city be maintained 
in the best possible condition to protect and promote the 
health, safety, and welfare of the entire city; and 

WHEREAS, Denying the tax benefits of the residential 
exemption for a qualified property owTier in Boston for 
up to a year and a half after relocation to a new, qualified 
residence unnecessarily costs otherwise-qualified taxpay- 
ers a substantial amount of money; and 

WHEREAS, Withholding a monetary benefit from tax- 
payers for relocating to a new residential property may 
discourage some property owners from transferring resi- 
dential property within the city of Boston; and 

WHEREAS, Creating a disincentive for the transfer of 
property may affect the free market's regulation of prop- 
erty in the most efficient manner possible, influence resi- 
dential prices, and discourage property in Boston fi-om 
developing into its highest and best use; and 



AUGUST 11, 2004 



249 



WHEREAS, It is the purpose of this Order that the tax 
benefits bestowed upon residents of Boston who owned 
property and qualified for and received the residential 
exemption pursuant to Section 5C of Chapter 59 of the 
General Laws, until they purchased and occupied a sub- 
sequent property that was otherwise qualified to receive 
the residential exemption, shall receive the tax benefits of 
the residential exemption on said subsequent property as 
long as it is owner-occupied, without suffering through an 
unnecessary gap in relief. NOW THEREFORE BE IT, 

ORDERED, In pursuit of a fair and reasonable applica- 
tion of the residential exemption as provided by Section 
5C of Chapter 59 of the General Laws, any parcel, as de- 
fined by Section 5C of Chapter 59 of the General Laws, 
within the city of Boston, classified as Class one, residen- 
tial property according to Section 2A of Chapter 59 of the 
General Laws, that would qualify for a residential exemp- 
tion under Section 5C of Chapter 59 of the General Laws 
but for becoming the taxpayer's principal residence after 
the assessment of fair cash value preceding the current 
fiscal year, shall, upon application to the city of Boston by 
the taxpayer, qualify to receive the residential exemption 
as if the parcel had been the taxpayer's principal residence 
at the assessment of fair cash value preceding the current 
fiscal year if the taxpayer's previous principal residence 
was owned by said taxpayer and qualified for and received 
the residential exemption; and 

ORDERED, Upon written notice from the taxpayer 
to the assessors of a transfer of principal residence to a 
subsequent principal residence that qualifies for the resi- 
dential exemption, and after the transfer has been duly 
recorded with the registry of deeds, all remaining tax pay- 
ments due on the subsequent principal residence until the 
beginning of the fiscal year after the next assessment of 
fair cash value shall be amended to be equal to the pay- 
ments that would have been due if the subsequent prin- 
cipal residence had received the residential exemption at 
the assessment of fair cash value preceding the current 
fiscal year; and 

ORJDERED, If, at the time of said notice, the taxpayer's 
previous principal residence would no longer qualify for 
the residential exemption under this section, all remain- 
ing tax payments due on said previous principal residence 
until the beginning of the fiscal year after the next assess- 
ment of fair cash value shall be amended to be equal to 
the payments that would have been due if the previous 
principal residence had not received the residential ex- 
emption at the assessment of fair cash value preceding 
the current fiscal year; and 

ORDERED, The provisions of these sections shall be 
effective ninety (90) calendar days after concurrence of 
the Mayor of the City of Boston. 

Referred to the Committee on Ways and Means. 



elude the amount either paid or earmarked both before 
and after the DNC? 

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



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION I7F RE: HOW MANY PER- 
MANENT STREET OR SIDEWALK REPAIRS 
HAVE BEEN MADE BEFORE AND AFTER DNC 
(DOCKET NO. 1136) 

Councilor HENNIGAN offered the following: 

ORDERED: That, under the provisions of Section 17F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der 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: 

From the Public Works Department 

Please provide answers to the following questions bro- 
ken down by neighborhood: 

During this year's construction season, how many per- 
manent street or sidewalk patches have been made both 
before and after the DNC? 

As a follow up to the previous question, how much 
money fi-om the City of Boston's utility account will be 
used for permanent street or sidewalk patches? Please in- 



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION I7F RE: PUBLIC WORKS DE- 
PARTMENT (DOCKET NO. 1 137) 

Councilor HENNIGAN offered the following: 

ORDERED: That, under the provisions of Section 17F 
of Chapter 376 the Acts of 1951, as amended, and im- 
der 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: 

From the Public Works Department 

Please provide a list/answers to the following questions 
broken down by neighborhood during this year's construc- 
tion season both before and after the DNC: 

1. How many roads and sidewalks have been recon- 
structed or resurfaced during this year's construction sea- 
son? 

2. Who or what contractors are or were assigned to do 
the work mentioned in the previous question? 

3. What is the amount of monies that have already been 
paid out or are earmarked from the following accounts: 

a. City of Boston's Capital Budget; 

b. State's Capital budget? 

c. City of Boston's private utility account? 

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



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION I7F RE: STRAY VOLTAGE IN 
CITY (DOCKET NO. 1138) 

Councilor HENNIGAN offered the following: 

ORDERED: That, under the provisions of Section 17F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der 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: 

From the Public Works Department 

Presently the city is conducting an inventory to dis- 
cover stray voltage in the city of Boston; please provide 
the following: 

1 . What is the status of the city's inventory? 

What is the time frame for carrying out this inventory 
and its completion date? 

3. Who is doing the job? 

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



ORDER REQUESTING CERTAIN INFORMATION 
UNDER SECTION I7F RE: STREET LIGHT 
ELECTRICAL BOXES (DOCKET NO. 1 139) 

Councilor HENNIGAN offered the following: 

ORDERED: That, under the provisions of Section 17F 
of Chapter 376 the Acts of 1951, as amended, and un- 
der any other applicable provision of law. His Honor, the 
Mayor, be, and hereby is, requested to obtain and deliver 
to the City Coimcil, within one week of the receipt hereof, 
the following information: 

From the Public Works Department 

The city is presently insulating street light electrical 
boxes; please provide answers to the following questions 
broken down by neighborhood: 



250 



CITY COUNCIL 



1 . How many street light electrical boxes are there in 
the city? 

2. How many street light electrical boxes are insu- 
lated? 

3. How many more street light electrical boxes need 
to be insulated? 

4. What is the time frame for insulating the remaining 
streetlight electrical boxes? 

5. Who is doing the job of insulating streetlight electri- 
cal boxes? 

6. What is the final completion date for insulating all 
streetlight electrical boxes in the city? 

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



ORDER FOR HEARING RE; HOW MUCH MONEY 
GIVEN TO BOSTON GOVERNMENTAL AND 
COMMUNITY AGENCIES FOR YOUTH SER- 
VICES INCLUDING YOUTH WORKER AND 
PROGRAMS (DOCKET NO. 1 140) 

Councilors TURNER, YANCEY and MCDERMOTT 
offered the following: 

WHEREAS: There has been a steady decline of fiinds 
invested in youth services, including youth workers as 
well as programs during the last five years; and 

WHEREAS: There seems to have been more funds 
made available by the state and federal government for 
policing and jailing youth than for youth services; and 

WHEREAS: There is concern that there is an unspoken 
policy at the federal and state level to focus resources on 
the jailing of youth, particularly in communities of color 
rather than provide preventative services; and 

WHEREAS: In our efforts to stop the increase in youth 
violence, we need to assess city, state, and federal fiinding 
policies toward the youth in the areas of youth services 
and public safety and the effectiveness of those policies; 
Therefore be it 

ORDERED: That the appropriate committee of the 
City Council invite state officials and federal officials 
to testify regarding how much money has been given to 
Boston governmental and community agencies for youth 
services, including youth workers and programs (exclud- 
ing funds for public school education and health services) 
each year for the last five years; which agencies have re- 
ceived that money, for what purposes, and how much for 
each of the past five years; what is the assessment of the 
use of the funds by each of the governmental and com- 
munity based agency who have received them during each 
of the last five years; what is the general assessment on 
the effectiveness of the use of youth service grants; and 
what is the expectation of fijnds being granted to Boston 
governmental and community based agencies for youth 
services this year. And be it 

ORDERED: That state and federal officials be invited 
to testify regarding how much money has been given to 
Boston governmental and community based agencies for 
public safety purposes each year for the past five years; 
what the purposes of these grants have been; which gov- 
ernmental agencies and community based agencies have 
received those funds, for what purposes, and how much 
each year for the past five years; what has been the assess- 
ment of the use of funds by each agency, governmental 
and community based; what is the overall assessment of 
the use of public safety dollars; and what is the expecta- 
tion of grants available in this year's budget; and be it 

ORDERED: That each of the governmental and com- 
munity based agencies receiving state and federal grants 
for youth services be required to testify regarding their 
use of the funds; the number of youth served; their as- 
sessment of the effectiveness of their use of the flinds; 
and what recommendations they would make regarding 
the granting of youth service fijnding. And be it 

ORDERED: That each of the governmental and com- 
munity based agencies receiving state and federal public 
safety grants be required to testify regarding their use of 



the funds; their assessment of the use of the funds; and 
what recommendations they would make regarding the 
granting of public safety funding by state and federal of- 
ficials. And be it 

ORDERED: That the public be invited to testify re- 
garding their view of federal and state policies toward 
youth in the areas of youth services and public safety, as 
well as the effectiveness of the policies and use of fiinds. 
And be it 

ORDERED: That the City be invited to testify regard- 
ing its investment in youth services each year during the 
last five years (excluding educational and health services 
but including summer jobs). 

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



ORDER FOR HEARING RE: POLICE COMMISSION- 
ER'S PLAN FOR USE OF SURVEILLANCE 
CAMERAS (DOCKET NO. 1 141) 

Councilors TURNER, YANCEY, ROSS, HENNIGAN 
and MCDERMOTT offered the following: 

WHEREAS: The Commissioner of the Boston Police 
Department has announced her plan to use surveillance 
cameras in the neighborhoods of Boston; and 

WHEREAS: There have been statements of concern 
regarding the invasion of privacy created by these cam- 
eras; who will have access to the film; where the cameras 
will be placed; and how the film will be used; and 

WHEREAS: It is the responsibility of the Boston City 
Council to assure itself that actions taken by the Boston 
Police Department are not an uru'easonable invasion of 
privacy; Therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council invite the Boston Police Commis- 
sioner to a hearing to explain her plan for the use of these 
surveillance cameras; who will have access to the :film: 
how the film will be used; where the cameras will be 
placed; and how long will the cameras be used. And be it 

ORDERED: that the public be invited to give their 
views on this issue. 

Referred to the Committee on Public Safety. 



ORDER FOR HEARING RE: HOW MUCH MONEY 
GIVEN TO GOVERNMENT AND COMMUNITY 
BASED AGENCIES DURING EACH OF LAST 
FIVE YEARS TO ASSIST IN REENTRY PRO- 
CESS (DOCKET NO. 1 142) 

Councilors TURNER. YANCEY and MCDERMOTT 
offered the following: 

WHEREAS: Whereas, approximately 1500 persons 
are released from federal, state, and county jails in Mas- 
sachusetts each year; and 

WHEREAS: The successful reentry of those who have 
been incarcerated into the community and economy is 
one is the key factors in preventing an increase in crime 
and violence; and 

WHEREAS: The federal government and state govern- 
ment has invested financial resources in the reentry effort; 
and 

WHEREAS: There needs to be an analysis of the ef- 
fectiveness of the use of these resources in order to deter- 
mine whether the present utilization of these resources is 
achieving the stated objectives; and 

WHEREAS: The City of Boston has a financial and 
human interest in being an effective partner in this pro- 
cess of reentry; and 

WHEREAS: The attitude and practice of Greater Bos- 
ton's business community toward hiring those who have 
been incarcerated is a key factor in the reentry process; 
Therefore be it 

ORDERED: That the appropriate committee of the 
City Council invite to a hearing those federal and state 



AUGUST 11, 2004 



251 



officials who oversee the administration of reentry funds 
to answer the following questions: 

How much money has been given to the government 
and community based agencies during each of the last 
five years to assist in the reentry process; which agencies 
and organizations have received reentry funding; for what 
specific purposes; how much money has each agency re- 
ceived; and what assessment has been done of their effec- 
tiveness in the utilization of these resources; and whether 
the reentry program as structured is viewed as a success? 
And be it 

ORDERED: That each of the agencies receiving funds 
be invited to give an assessment of the major problems 
encountered in achieving effective reentry; which busi- 
nesses have been willing to hiring those who have been 
incarcerated and which have not been willing; how many 
people have they placed over the last five years; whether 
there has been monitoring of retention of those employ- 
ees; and what recommendations would they make for im- 
proving the reentry programs of Boston, Suffolk County; 
the state; and federal government. And be it 

ORDERED: That the supervisor of probation for the 
districts courts in Boston be invited to explain how many 
of those on probation have had their probation revoked 
during the last five years and whether from the probation 
department s viewpoint the reentry program is effective. 
And be it 

ORDERED: That the Suffolk County District Attorney 
be invited to explain to the Council how many of those 
convicted during the last five years have had prior crimi- 
nal history; what have been the categories of crimes; and 
whether from their viewpoint the reentry programs are ef- 
fective. And be it 

ORDERED: That the Suffolk County Sheriff be in- 
vited to explain the County's reentry program; how many 
of those who have been through that program have been 
recommitted; and whether the program has been effective 
from their viewrpoint. And be it 

ORDERED: That City officials be invited to describe 
the City of Boston's reentry program and assess its ef- 
fectiveness. And be it 

ORDERED: That the representatives of the Greater 
Boston business community, such as the Greater Boston 
Chamber of Commerce and the Private Industry Council 
be invited to explain what their organizations are doing to 
promote the hiring of those who have been incarcerated 
by Greater Boston's businesses and whether from their 
viewpoint those efforts have been effective; and be it 

ORDERED: That the public be invited to give testimo- 
ny regarding the strengths and weaknesses of the reentry 
process now in place. 

Referred to the Committee on Public Safety. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1143) 

Councilor FLAHERTY offered the following: 

Ordered; That effective Saturday, August 7, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
12, 2004: 

Pafrick Ellard 346.16 part time Secretary 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1144) 

Councilor FLAHERTY offered the following: 
Ordered: That effective Saturday, August 14, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
12,2004: 

John A. Bruno Secretary 1,048.08 full time 
Kristin M. Langone Secretary 855.77 full time 
Passed under suspension of the rules. 



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 REQUESTING CERTAEN INFORMATION 
UNDER SECTION 17F RE: HOMICIDES (DOCK- 
ET NO. 1180) 

Councilors TURNER and YANCEY offered the fol- 
lowing: 

Ordered: That, under the provisions of Section 1 7P of 
Chapter 376 the Acts of 1 95 1 , as amended, and under any 
other applicable provision oflaw, 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: 

Prom the Police Department: 

How many homicides took place in each district during 
calendar years: 2000, 2001, 2002, 2003, and 2004? 

How many of the homicides that took place in each 
district during calendar years: 2000, 2001, 2002, 2003, 
and 2004 remain unsolved (per district, per year)? 

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



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION FOR FY04 OF $180,000 FOR PUBLIC 
HEALTH COMMISSIONS SUBSTANCE ABUSE 
INITIATIVE, NEIGHBORHOOD ORGANIZING 
AGAINST DRUGS (DOCKET NO. 0880) 

Councilor FEENEY called Docket No. 0880 from the 
Committee on Ways and Means. 

Hearing no objection, the matter was before the body. 
On motion of Councilor FEENEY, 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: Declaring August 4, 2004 as "Kris- 
ten J. Stockbridge Day" (Docket No. 1 145) 

Councilor Arroyo: Congratulating 1 1 persons for their 
participation in the Boston Youth Fund Mural Crew and 
Boston Arts Community and for completing the Faces 
of Freedom mural project at the Boston Public Library 
(Docket No. 1 146); Congratulating EI Trio Catako (Dock- 
et No. 1147); Congratulating Los Diablos Danzantes de 
Turiamo (Docket No. 1 148) 

Councilor Scapicchio: Congratulating Alianza Colum- 
bo Americana (Docket No. 1 149) 

Councilors Ross and Arroyo: Congratulating A. Ev- 
elyn Randall (Docket No. 1 1 50) 

Councilor Hermigan: Congratulating Angela Tragos 
(Docket No. 1151); Congratulating Mr. & Mrs. Oscar & 
Kristen Grajales (Docket No. 1 1 52) 

Councilors Yancey, Turner and Arroyo: Congratulating 
Mattapan Community Development Corporation (Docket 
No. 1153) 

Councilor Feeney: Congratulating The Vietnamese 
Community (Docket No. 1 1 54) 

Councilor Arroyo: Congratulating Hector Flores 
(Docket No. 1155) 

Councilor Kelly: Congratulating Chinatown Business 



252 CITY COUNCIL 



Association and The Chinese Community of New Eng- 

land (Docket No. 1156) 

Councilor Feeney: Congratulating Milton View Condo Note: All debate of City Council eliminated from 

Association (Docket No. 1 157) proceedings in accordance with Chapter 447, Acts of 

Councilor Arroyo: Congratulating 6 persons on their 1947. 

participation with the Boston Youth Fund Mural Crew 
and Faces of Freedom mural significant contribution to 
the Boston arts community (Docket No. 1 158) 

Councilors Arroyo and Turner: Congratulating Veter- 
ans for Peace (Docket No. 1 159) 

Councilor Scapicchio: Congratulating Joseph Matara 
(Docket No. 1160) 

Councilors Yancey, Turner and Arroyo: In honor and 
remembrance of Mr. & Mrs. Clifford Weaver, Sr. (Docket 
No. 1161) 

Councilors Turner, Arroyo and Yancey: Congratulating 
7 persons for being honored as a Visionary Clergy Leader 
by the Congressional Black Caucus Political Education 
& Leadership Institute (Docket No. 1162); Congratulat- 
ing Reverend Dr. Vashti Murphy McKenzie (Docket No. 
1163) 

Councilors Hennigan and Arroyo: Congratulating Elba 
Esther Gordillo Morales (Docket No. 1 164) 

Councilor Arroyo: Congratulating Juan Bostco Marti 
Ascencio (Docket No. 1 165) 

Councilor Turner: Congratulating 18 persons for their 
completion of the Defending Democracy Work Camp 
(Docket No. 1166) 

Councilor Consalvo: Congratulating Danny Long 
(Docket No. 1167) 

Councilors Arroyo, Turner and Hennigan: Congratu- 
lating Jamaica Plain Neighborhood Council (Docket No. 
1168) 

Councilor Hennigan, Arroyo and Tobin: Congratulat- 
ing Larry Cronin (Docket No. 1 1 69) 

Councilor McDermott: Recognizing Rev. William F. 
Salmon (Docket No. 1170) 

Councilor Flaherty: Congratulating Ian Ackerman 
(Docket No. 1 171) Congratulating Victoria E. Bembeni- 
sta (Docket No. 1 1 72) Congratulating Timothy J. Durken 
(Docket No. 1173) 

Councilors Flaherty and Kelly: Congratulating Anna 
Murphy: (Docket No. 1 174) 

Councilor Consalvo: Congratulating Angelo Bar- 
ravecchio (Docket No. 1 175) Congratulating Jim Cuddy 
(Docket No. 1176) 

Councilor Ross: Declaring August 10, 2004 as "Ram- 
ler Park - Federicka Veikley Day" (Docket No. 1 177) 

Councilor Arroyo: Congratulating 7 persons for their 
support of the league of United Latin American Citizens, 
Council 121 13 ofBoston (Docket No. 1178) 

Councilor Feeney: Congratulating 19 young women of 
Dorchester the opportunity to have a voice in the Media 
(Docket No. 1179) 

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 matter was 
added: 

Councilor Yancey: Congratulating Lloyd H. King 
(Docket No. 1181) 



The matters contained within the Consent Agenda 
were severally adopted. 



NEXT MEETING 

President FLAHERTY moved that when the Council 
adjourn today it be in memory of Robert Collins, Patricia 
Fitzgerald, Bobby Holland, Eleanor McDonough and best 
health wishes to Cheryl Rankin's father, to meet again on 
Wednesday, August 25, 2004 at 1 1 :30 a.m. 

The motion was carried. 

Adjourned at 3:15 p.m. to meet again on Wednesday, 
August 25, 2002 at 1 1 :30 a.m. 



CITY COUNCIL 



253 



CITY OF BOSTON 



Proceedings of City Council 



Wednesday, August 25, 2004 



Regular meeting of the City Council held in the Chris- 
topher A. lannella Council Chamber, City Hall, at 1 1:55 
p.m., President Flaherty in the Chair. 

INVOCATION 

Reverend Eduardo Yarde, Mt. Sinai Baptist Church, 
delivered the invocation and the meeting was opened with 
the pledge of allegiance to the flag. 



PRESENTATION BY COUNCILOR MCDERMOTT 

Councilor MCDERMOTT presented a resolution to 
Deirdre Hallmark and the Allston-Brighton Susbstance 
Abuse Task Force for their work and dedication to the 
City of Boston. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$ 1 ,62 1 ,360 TO PROVIDE FUNDING IN VARIOUS 
DEPARTMENTS FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND SER- 
VICE EMPLOYEES INTERNATIONAL UNION, 
LOCAL 888, CLERICAL TECHNICAL UNIT 
(DOCKET NO. 1183) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Col- 
lective Bargaining by $1,621,360 to provide funding in 
various departments for the cost items contained within 
the collective bargaining agreements between the City of 
Boston and the Service Employees International Union, 
Local 888, Clerical Technical Unit. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $1,621,360. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPRO- 
PRIATION OF $1,621,360 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENTS BETWEEN CITY 
AND SERVICE EMPLOYEES INTERNATIONAL 
UNION, LOCAL 888, CLERICAL TECHNICAL 
UNIT (DOCKET NO. 1 184) 



The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for FY05 for various departments in the amount of 
$1,621,360 to cover the cost items contained within the 
collective bargaining agreements between the City of 
Boston and the Service Employees International Union, 
Local 888, Clerical Technical Unit. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for various departments in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum of 
ONE MILLION SIX HUNDRED TWENTY ONE 
THOUSAND THREE HUNDRED SIXTY DOLLARS 
($1,621,360) be, and the same hereby is appropriated 
according to the attached schedule, said sum to be met 
from taxation pursuant to Section 23 of Chapter 59 of the 
General Laws: - 



2005-100-121000 Election Personnel Services 30,360 
2005-100-131000 Auditing Personnel Services 19,440 
2005-100-136000 Assessing Personnel Services 
77,425 

2005-100-138000 Treasury Personnel Services 73,300 
2005-100-141000 Budget Management Personnel Ser- 
vices 8,080 

2005-100-142000 Human Resources Personnel Ser- 
vices 48,600 

2005-100-143000 Purchasing Personnel Services 
27,360 

2005-100-145000 Graphic Arts Personnel Services 
5,840 

149000 MIS Personnel Services 39,1 15 
151000 Law Personnel Services 33,685 
1 56000 S/LBE Personnel Services 8,460 
157000 BRJP Personnel Services 16,500 
161000 City Clerk Personnel Services 



2005-100- 

2005-100- 

2005-100- 

2005-100- 

2005-100- 
6,405 

2005-100- 163000 Registry Division Personnel Ser- 
vices 26,430 

2005-100- 180000 Property & Construction Manage- 
ment Personnel Services 187,070 

2005-100- 21 1000 Police Personnel Services 928,335 

2005-100- 252000 Licensing Board Personnel Ser- 
vices 12,505 

2005-100- 260000 Inspectional Services Personnel 
Services 2,675 

2005-100- 311000 Public Works Personnel Services 
31,655 

2005-100- 384000 Rental Housing Resource Center 
Personnel Services 10,495 

2005-100- 385000 Boston Centers for Youth & Fami- 
lies Personnel Services 6,510 

2005-100- 741000 Veterans Services Personnel Ser- 
vices 21,115 



1,621,360 
On motion of Councilor ROSS, the rules were sus- 



254 



CITY COUNCIL 



ponded: the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
S3 1 1.855 TO PROVIDE FUNDING IN BOSTON 
CENTERS FOR YOUTH AND FAMILIES FOR 
FV05 COST ITEMS CONTAINED WITHIN 
COLLECTINE BARGAINING AGREEMENTS 
BETWEEN CITY AND SERNICE EMPLOYEES 
INTERN.-XTIONAL UNION, LOCAL 888. BOS- 
TON CENTER FOR YOUTH .AND FAMILIES 
(DOCKET NO. 1185) 

The tbllowina was received: 

Cit> Of Boston 
Office ofthe Mayor 

August 24, 2004 
To The Cit>' Council 
Dear Councilors: 

I transmit herew ith for >our appro\al an order to re- 
duce the F^'05 appropriation for the Reserve for Col- 
lective Bargaining hy S.^ 11,855 to provide funding in 
Boston Centers for ^'outh and Families for the cost items 
contained within the collective bargaining agreements 
between tiie Cit> of Boston and the Ser\ ice Employees 
International L'nion, Local 88S, Boston Centers for Youth 
and Families. 

1 respectfully request your favorable action on this im- 
portant matter. 

Sincerely, 

Thomas M. Menino, 
Mavor of Boston. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal \ear 
commencing Julv 1. 2004 and endins June 30, 2005. be 
reduced by' the' following amount:""2005-100-999000- 
5 1 000 Re.sen e for Collective Bargaining S3 11,855. 

On motion of Councilor ROSS, the rules were sus- 
pended: the order was passed. 



ORDER APPRONING SUPPLEMENTAL APPROPRI- 
ATION OF S3 11. 855 TO CO\"ER COST ITEMS 
CONTAINED WITHIN COLLECTI\E B.\R- 
GAINING .AGREEMENTS BETWEEN CITY 
.AND SER\ ICE EMPLOYEES rNTER.AT10N.AL 
UNION. LOCAL 888. BOSTON CENTER FOR 
YOUTH .AND FAMILIES (DOCKET NO. 1 186) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24. 2004 
To The City^ Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for FY05 in the amount of S3 11,855 to co\ er the cost 
items contained within the collective bargaining agree- 
ments between the Cir\- of Boston and the Ser\ ice Em- 
ployees International Union. Local 888. Boston Centers 
for Youth and Families. 

.As originally presented to you. the FY05 budget re- 
quest included a Reserve for Collecti\e Bargaining - a 
separate appropriation to fimd projected collecti\e bar- 
gaining increases. .A separate order has been filed to re- 
duce that appropriation to suppon this supplemental re- 
quest. The FY04 costs of the contract will be charged to a 
reserve established for that year. 

1 respectfiilly request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mavor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for Boston Centers forMnith and Families in the fiscal pe- 
riod commcncini; .luiy 1, 2004 and ending June 30, 2005, 
the sum of THREE HUNDRED ELEVEN THOUSAND 
EIGHT HUNDRED FIFTY FIVE DOLLARS ($3 1 1,855) 
be, and the same hereby is appropriated as follows, said 
sum to be met from taxation pursuant to Section 23 of 
Chapter 5*) of the General Laws: - Boston Centers for 
Youth & Families 2005-100-385000 Personnel Services. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRI.ATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
S35.835 TO PROVIDE FUNDING IN ELDERLY 
COMMISSION FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND SERVICE 
EMPLOYEES INTERNATIONAL UNION, LO- 
CAL 888, ELDERLY COMMISSION (DOCKET 
NO. 1 187) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24. 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Col- 
lecti\e Bargaining by S35.835 to provide fiinding in the 
Elderiy Commission for the cost items contained within 
the collective bargaining agreements between the City of 
Boston and the Sen ice Employees International Union, 
Local 888. Elderly Commission. 

I respectfiilK' request your favorable action on this im- 
portant matter. 

Sincerely, 

Thomas M. Menino, 
Mavor of Boston. 



ORDERED: That the appropriation heretofore made, 
to meet the current operating expenses in the fiscal year 
commencing Julv I. 2004 and ending June 30. 2005. be 
reduced by' the' following amount:' 2005- 1 00-999000- 
51000 Resene for Collective Bargaining S35.835. 

On motion of Councilor ROSS, the rules were sus- 
pended: the order was passed. 



ORDER APPRONTNG SUPPLEMENTAL APPRO- 
PRI.ATION OF S35.S35 TO CO\"ER COST ITEMS 
CONTAINED WITHIN COLLECTI\E B.AR- 
G.AFNrSG .AGREEMENTS BETWEEN CITY 
.AND SERMCE EMPLOYEES INTERN.ATIONAL 
LTMION. LOCAL 888. ELDERLY' COMMISSION 
(DOCKET NO. 1188) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24. 2004 
To The Cit\- Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Elderh- Commission for FY05 in the amount of 
S35.835 to cover the cost items contained within the col- 
lective bargaining agreements between the City of Boston 
and the Service Employees International Union. Local 
888. Elderly Commission. 

.As originally presented to vou, the F^'05 budget re- 



AUGUST 25, 2004 



255 



quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for the Elderly Commission in the fiscal period commenc- 
ing July 1, 2004 and ending June 30, 2005, the sum of 
THIRTY FIVE THOUSAND EIGHT HUNDRED THIR- 
TY FIVE DOLLARS ($35,835) be, and the same hereby 
is appropriated as follows, said sum to be met by taxation 
pursuant to Section 23 of Chapter 59 of the General Laws: 
- Elderly Commission 2005-100-387000 Personnel 
Services $35,835. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAFNrNG BY 
$61,275 TO PROVIDE FUNDING IN PROPERTY 
AND CONSTRUCTION MANAGEMENT DE- 
PARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND SER- 
VICE EMPLOYEES INTERNATIONAL UNION, 
LOCAL 888, DND (DOCKET NO. 1 189) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Col- 
lective Bargaining by $61,275 to provide funding in the 
Property & Construction Management Department for 
the cost items contained within the collective bargaining 
agreements between the City of Boston and the Service 
Employees International Union, Local 888, DND. 
- I respectfiilly request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $61,275. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDERAPPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $61 ,275 TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND SER- 
VICE EMPLOYEES INTERNATIONAL UNION, 
LOCAL 888, DND (DOCKET NO. 11 90) 

The following was received: 

City Of Boston 
Office of the Mayor 



August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Property and Construction Management Depart- 
ment for FY05 in the amount of $61,275 to cover the cost 
items contained within the collective bargaining agree- 
ments between the City of Boston and the Service Em- 
ployees International Union, Local 888, DND. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fiind projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. The FY03 and FY04 costs of the contract will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for the Property and Construction Management depart- 
ment in the fiscal period commencing July I, 2004 and 
ending June 30, 2005, the sum of SIXTY ONE THOU- 
SAND, TWO HUNDRED SEVENTY FIVE DOLLARS 
($61,275) be, and the same hereby is appropriated as 
follows, said sum to be met by taxation pursuant to Sec- 
tion 23 of Chapter 59 of the General Laws: - Property & 
Construction Management 2005-100-188000 Personnel 
Services $61,275. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$587,192 TO PROVIDE FUNDING IN LIBRARY 
FOR FY05 COST ITEMS CONTAINED WITHIN 
COLLECTIVE BARGAINING AGREEMENTS 
BETWEEN CITY AND AMERICAN FEDERA- 
TION OF STATE, COUNTY AND MUNICIPAL 
EMPLOYEES, AFL-CIO, COUNCIL 93, LOCAL 
1526 (DOCKET NO. 1191) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors; 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Collec- 
tive Bargaining by $587,192 to provide funding in the 
Library for the cost items contained within the collective 
bargaining agreements between the City of Boston and 
the American Federation of State, County and Municipal 
Employees, AFL-CIO, Council 93, Local 1526. 

I respectfully request your favorable action on this im- 
portant 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 1,2004 and ending Jime 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $587,192. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



256 



CITY COUNCIL 



ORDER APPROVING SUPPLEMENTAL APPROPRI- 
ATION OF $587,192 TO COVER COST ITEMS 
CONTAINED WITHIN COLLECTIVE BAR- 
GAINING AGREEMENTS BETWEEN CITY 
AND AMERICAN FEDERATION OF STATE, 
COUNTY AND MUNICIPAL EMPLOYEES, AFL- 
CIO, COUNCIL 93, LOCAL 1526 (DOCKET NO. 
1192) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Library for FY05 in the amount of $587,192 to 
cover the cost items contained within the collective bar- 
gaining agreements between the City of Boston and the 
American Federation of State, County and Municipal Em- 
ployees, AFL-CIO, Council 93, Local 1526. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fiind projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

I respectfiilly request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
for the Library department in the fiscal period commenc- 
ing July 1,2004 and ending June 30, 2005, the sum of 
FIVE HUNDRED EIGHTY SEVEN THOUSAND ONE 
HUNDRED NINETY TWO DOLLARS ($587,192) be, 
and the same hereby is appropriated as follows, said sum 
to be met by taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - Library 2005-100-1 10000 Person- 
nel Services $587,192. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$46,630 TO PROVIDE FUNDING FOR POLICE 
DEPARTMENT FOR FY05 COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND BOSTON 
POLICE CADETS ASSOCIATION (DOCKET NO. 
1193) 



The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Collec- 
tive Bargaining by $46,630 to provide funding for the 
Police Department for the cost items contained within 
the collective bargaining agreements between the City of 
Boston and the Boston Police Cadets Association. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
5 1000 Reserve for Collective Bargaining $46,630. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $46,630 TO COVER COST ITEMS CON- 
TAINED WITHESI COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND BOSTON 
POLICE CADETS ASSOCLAIION (DOCKET NO. 
1194) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Boston Police Department for FY05 in the amount 
of $46,630 to cover the cost items contained within the 
collective bargaining agreement between the City of Bos- 
ton and the Boston Police Cadets Association. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1, 2004 and ending 
June 30. 2005, the sum of FORTY SIX THOUSAND SIX 
HUNDRED THIRTY DOLLARS ($46,630) be, and the 
same hereby is appropriated as follows, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 of 
the General Laws: - Boston Police Department 2005-100- 
21 1000 Personnel Services $46,630. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER TO REDUCE APPROPRIATION FOR RE- 
SERVE OF COLLECTIVE BARGAINING BY 
$58,800 TO PROVIDE FUNDING IN PROPERTY 
AND CONSTRUCTION MANAGEMENT FOR 
FY05 COST ITEMS CONTAINED WITHIN COL- 
LECTIVE BARGAINING AGREEMENTS BE- 
TWEEN CITY AND MUNICIPAL POLICE SU- 
PERIOR OFFICERS ASSOCIATION (DOCKET 
NO. 1195) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval an order to re- 
duce the FY05 appropriation for the Reserve for Col- 
lective Bargaining by $58,800 to provide funding in the 
Property and Construction Management Department for 



AUGUST 25, 2004 



257 



the cost items contained within the collective bargaining 
agreement between the City of Boston and the Municipal 
Police Superior Officers Association. 

I respectfully request your favorable action on this im- 
portant 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, 2004 and ending June 30, 2005, be 
reduced by the following amount: 2005-100-999000- 
51000 Reserve for Collective Bargaining $58,800. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation or- 
der for the Inspectional Services Department for FY05 in 
the amount of $85,830 to cover the cost items contained 
within the collective bargaining agreement between the 
City of Boston and the Office and Professional Employ- 
ees International Union, AFL-CIO, Local 6 (OPEIU). 
Funding for the costs of FY03 and FY04 will be charged 
to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDER APPROVrNG SUPPLEMENTAL APPROPRIA- 
TION OF $58,800 TO COVER COST ITEMS CON- 
TAINED WITHIN COLLECTIVE BARGAINING 
AGREEMENTS BETWEEN CITY AND MUNICI- 
PAL POLICE SUPERIOR OFFICERS ASSOCIA- 
TION (DOCKET NO. 1196) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith a supplemental appropriation order 
for the Property & Construction Management Depart- 
ment for FY05 in the amount of $58,800 to cover the cost 
items contained within the collective bargaining agree- 
ment between the City of Boston and the Municipal Po- 
lice Superior Officers Association. 

As originally presented to you, the FY05 budget re- 
quest included a Reserve for Collective Bargaining - a 
separate appropriation to fund projected collective bar- 
gaining increases. A separate order has been filed to re- 
duce that appropriation to support this supplemental re- 
quest. Funding for the costs of FY03 and FY04 will be 
charged to reserves established for those years. 

I respectfully request your support of this supplemen- 
tal appropriation. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1,2004 and ending 
June 30, 2005, the sum of FIFTY EIGHT THOUSAND 
EIGHT HUNDRED DOLLARS ($58,800) be, and the 
same hereby is appropriated as follows, said sum to be 
met from taxation pursuant to Section 23 of Chapter 59 
of the General Laws: - Property & Construction Mgmt. 
2005-100-180000 Personnel Services $58,800. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER APPROVING SUPPLEMENTAL APPROPRIA- 
TION OF $85,830 FOR INSPECTIONAL SERVIC- 
ES DEPARTMENT FOR FY05 TO COVER COST 
ITEMS CONTAINED WITHIN COLLECTIVE 
BARGAINING AGREEMENT BETWEEN CITY 
AND OFFICE OF PROFESSIONAL EMPLOYEES 
INTERNATIONAL UNION, AFL-CIO, LOCAL 6 
(OPEIU) (DOCKET NO. II 97) 

The following was received: 

City Of Boston 
Office of the Mayor 



ORDERED: That in addition to the appropriations 
heretofore made, to meet the current operating expenses 
of the fiscal period commencing July 1,2004 and ending 
June 30, 2005, the sum of EIGHTY FIVE THOUSAND 
EIGHT HUNDRED THIRTY DOLLARS ($85,830) be, 
and the same hereby is appropriated as follows, said sum 
to be met from taxation pursuant to Section 23 of Chapter 
59 of the General Laws: - Inspectional Services Depart- 
ment 2005-100-260000 Personnel Services $85,830. 

On motion of Councilor ROSS, the rules were sus- 
pended; the order was passed. 



ORDER AUTHORIZING CITY TO ACCEPT AND EX- 
PEND GRANT OF $2,000,000 FROM TRUSTEES 
OF BOSTON PUBLIC LIBRARY FOR PURPOSE 
OF ACQUIRING PROPERTY OF 201 RIVER- 
MOOR STREET IN WEST ROXBURY (DOCKET 
NO. 1198) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith an order to accept and expend an 
amount not to exceed $2,000,000 fi^om the Trustees of 
the Boston Public Library for the purpose of acquiring 
the property at 201 Rivermoor Street in West Roxbury. 
This site will be the future home of the City of Boston 
Heritage Center, which will house library storage and 
City archives. 

Upon the signing of a purchase and sale agreement. 
Harvard University, as part of the New England Deposit 
Library ("NEDL') Agreement, will pay $2,000,000 to the 
Trustees of the Boston Public Library, which amount will 
be conveyed back to the City. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the City of Boston, pursuant to MGL 
C.44, S.53A, be and hereby is authorized to accept and 
expend an amount not to exceed Two Million Dollars 
($2,000,000) fi-om the Trustees of the Boston Public Li- 
brary for the purpose of acquiring property at 201 River- 
moor Street in West Roxbury. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



ORDER APPROVING APPROPRIATION OF 
$6,650,000 FOR ACQUISITION OF PROPERTY 
AT 201 RIVERMOOR STREET IN WEST ROX- 
BURY (DOCKET NO. 1199) 



258 



CITY COUNCIL 



The following was received: 

City Of Boston 
Office of the Mayor 

August 24, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith for your approval, an appropriation 
order in the amount of $6,650,000 for the acquisition of 
property at 201 Rivermoor Street in West Roxbury. This 
site will be the fiiture home of the City of Boston Heri- 
tage Center, which will house library storage and City ar- 
chives. The City has been actively looking for a location 
over the last five years. 

The total acquisition cost of this facility currently 
owned by Keyspan is $8,500,000. Two million dollars 
of this acquisition cost will be supported by a contribu- 
tion from the Trustees of the Boston Public Library ("the 
Trustees"). These fiinds are available as a result of an 
agreement between the Trustees and the President and 
Fellows of Harvard College for the relocation of the New 
England Deposit Library ("NEDL"). NEDL, created by 
special state statute in 1941, is a cooperative shared ven- 
ture with Harvard College as primary partner. In addition, 
its members include the Trustees, Boston College, Boston 
University, the Massachusetts Historical Society, the Bos- 
ton Anthenaeum, and the Massachusetts State Library. 

The remaining $6,650,000 will be transferred from 
Surplus Property Fund to the Capital Fund in order to 
complete the purchase, including $150,000 in feasibil- 
ity report costs. Upon sale of Trustee-owned facilities in 
Norwood and Charlestown, such funds will be deposited 
back into the Surplus Property Fund. The consolidation 
of these functions will provide the City with the unique 
opportunity for reuse of the Charlestown site as well as 
the current archive site in Hyde Park. 

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

Thomas M. Menino, 
Mayor of Boston. 



Ordered: That the sum of $6,650,000 be credited from 
the Surplus Property Fund to the Capital Fund; and be it 

Further Ordered: That said $6,650,000 be appropriated 
from the Capital Fund for the purpose of acquiring prop- 
erty at 201 Rivermoor Street in West Roxbury; and be it 

Further Ordered: That an amount not to exceed 
$6,650,000 be accepted from the Boston Redevelopment 
Authority upon sale of facilities in Norwood and Charles- 
town currently owned by the Trustees of the Boston Pub- 
lic Library, as reimbursement for funds expended from 
the Surplus Property Fund used to acquire the Rivermoor 
Street property. Such amount shall be deposited in the 
Surplus Property Fund of the City of Boston. 

Referred to the Committee on Planning and Eco- 
nomic Development. 



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



CERTAIN INFORMATION FROM POLICE DEPART- 
MENT RE: CRIME STATISTICS PERIOD 7-1-04 
to 7-31-04 (DOCKET NO. 1200) 

The following was received: 

City Of Boston 
Office of the Mayor 

August 25, 2004 
To The City Council 
Dear Councilors: 

I transmit herewith information received from the 
Boston Police Department pertaining to crime statistics 
for the period commencing July 1, 2004 through July 31, 
2004. 

Sincerely, 

Thomas M. Menino, 
Mayor of Boston. 



JITNEY APPLICATION 
(DOCKET NO. 1201) 

Petition of US Super Shuttle Services for a license to 
operate motor vehicles for the carriage of passengers for 
hire over certain streets in Boston. 

Referred to the Committee on Aviation and Trans- 
portation. 



COMMUNICATION RECEIVED FROM MASSPORT 
EXTENDING THEIR REVIEW DATE UNTIL 
AUGUST 30, 2004 RE: LOGAN AIRPORT 2003 
ENVIRONMENTAL DATA REPORT (2003 EDR) 
EOEA #3247 (DOCKET NO. 1202) 

Communication was received from Massport extend- 
ing their review date until August 30, 2004 re: Logan 
Airport 2003 Environmental Data Report (2003 EDR) 
EOEA #3247. 

Placed on file. 

Councilor Scapicchio moved for reconsideration of 
Docket 1202. Reconsideration prevailed. 

On motion of Councilor Scapicchio, Docket No. 
1202 was referred to the Committee on Aviation and 
Transportation. 



APPROVAL OF CONSTABLE'S BONDS 
(DOCKET NO. 1203) 

The Constable's Bonds of the following, having been 
duly approved by the Collector/Treasurer, were received 
under the usual terms and conditions. 

Carroll Allston 
John G. Consolo 
Joseph Digirolamo 
Fred Ellis Jr. 
Eugene W Hamilton 
Henderson T. Headley 
Peter F Kenny 
Frank A. Porter 
Charles MBA 
Gregory L. Williams 



COMMUNICATION FROM FEDERAL HOME LOAN 
BANK OF BOSTON RE: SECOND ROUND OF 
2004 AFFORDABLE HOUSING PROGRAM 
(AHP) (DOCKET NO. 1204) 

Communication was received from Federal Home 
Loan Bank of Boston re: Second Round of the 2004 Af- 
fordable Housing Program (AHP). 

Placed on file. 



NOTICE RECEIVED FROM MAYOR OF APPOINT- 
MENT OF GERALDINE CUDDYER AS ELEC- 
TION COMMISSIONER AND CHAIRPERSON 
OF ELECTION COMMISSION FOR TERM EX- 
PIRING MARCH 31, 2006 (DOCKET NO. 1205) 

Notice was received from the Mayor of the appoint- 
ment of Geraldine Cuddyer as Election Commissioner 
and Chairperson of the Election Commission for a term 
expiring March 31, 2006. 

Placed on file. 



AUGUST 25, 2004 



259 



ORDER FOR HEARING RE: NSTAR INCIDENTS 
CAUSING HARM TO PERSON OR PROPERTY 
AS WELL AS ITS COMMITMENT TO SAFE 
PRACTICES IN CONSTRUCTION AND MAIN- 
TENANCE OF ITS CURRENT FACILITIES 
(DOCKET NO. 1206) 

Councilors MURPHY, HENNIGAN, MCDERMOTT, 
ARROYO, SCAPICCHIO and YANCEY offered the fol- 
lowing: 

WHEREAS, Several outstanding health and safety 
issues surround the operations of Boston Edison d/b/a 
NStar Electric ("NStar"), and these issues, including 
but not limited to power outages, road repairs, explod- 
ing utility covers, fires at electrical substations, pet elec- 
trocutions, and other incidents of grave concern, trouble 
residents in each and every neighborhood in the City of 
Boston; and 

WHEREAS, NStar has lacked adequate responsive- 
ness due to its perfunctory efforts to address these matters 
or to assuage residents' concerns; instead of undertaking 
meaningful actions to ensure the health, safety, and wel- 
fare of the residents of the City of Boston (which are also 
the utility's ratepayers), NStar has chosen to focus on re- 
gional projects that will not have a noticeable day-to-day 
impact on the average resident/ratepayer; and 

WHEREAS, In order to update the electrical grids and 
systems of the City of Boston and the siurounding region, 
the supplier (NStar) must evaluate the gradual/genera- 
tional but inevitable growth of residential, commercial, 
and industrial demand, determine the need for changes to 
the electrical infrastructure, and then provide meticulous 
attention to the details of planning and construction in the 
neighborhoods and streets of the neighborhoods, includ- 
ing the preparation of a reasonable construction and miti- 
gation plan; and 

WHEREAS, Coordination between the City of Boston 
and NStar is essential to ensure that NStar implements 
such vast changes in an efficient and cost-effective man- 
ner that considers both the short-term and the long-term 
needs of the residents of workers in, and visitors to the 
City; and 

WHEREAS, The City of Boston and NStar can effect 
this coordination only through meaningful and timely 
public dialogue with residents. City officials, and munici- 
pal departments, securing and considering a comprehen- 
sive compilation of concerns and impacts on residents, 
neighborhoods, and municipal resources; and 

WHEREAS, NStar, however, recently initiated the 345 
kV Transmission Reliability Project, a project to update/ 
upgrade NStar's regional transmission system (not the 
delivery system) of extraordinary proportions for which 
NStar intends to commence construction in 2005, but 
NStar has not secured sufficient input from the neighbor- 
hoods, residents, or City Councillors of the City of Bos- 
ton; and 

WHEREAS, Instead, NStar requested a waiver from 
the Massachusetts Department of Telecommunications 
and Energy of all City of Boston zoning requirements and 
local reviews and has also requested an "expedited" ap- 
proval from the Commonwealth; and 

WHEREAS, NStar's 345 kV Transmission Reliability 
Project seeks to install a pipe-type cable of three electrical 
cables to create a transmission line linking a new 345 kV 
Stoughton Substation with the Hyde Park and K Street 
Substations by digging a trench which is approximately 
18 miles long, 5 feet wide, and 6.5 feet deep; approxi- 
mately 8-9 miles of the trench will travel in and through 
the neighborhoods and streets of the City of Boston; and 

WHEREAS, The project, according to NStar's current 
plans, will require closing minor roads and restricting ma- 
jor thoroughfares (including lane closures, parking elimi- 
nation, and traffic re-routing) in Boston neighborhoods 
for extended periods of time because construction will 
include three phases: First Phase involves preconstruction 
testing, saw-cutting the pavement, digging a trench 4-to-6 
feet underneath the street level, installing the pipe, and 
temporarily patching the asphalt; Second Phase includes 



manhole installation, cable pulling, and cable splicing; 
Third Phase includes permanent street paving; and 

WHEREAS, Construction will require closing half of 
the roadway (a travel lane and a parking lane) for sec- 
tions of Cummins Highway, the American Legion High- 
way, Blue Hill Avenue, Boston Street, Dorchester Street, 
Columbia Road and Day Boulevard, directly impacting 
the neighborhoods of Mattapan, Hyde Park, Roxbury, 
Dorchester, and South Boston for extended periods of 
time; and 

WHEREAS, Although NStar estimates that construc- 
tion will span a year and envisions completion in 2005, 
the 345 kV Transmission Reliability Project is of a scale 
larger than any previous construction project completed 
by NStar; therefore, NStar's projections are based on 
professional guesswork rather than on direct professional 
experience; and 

WHEREAS, NStar has not completed the most fijn- 
damental construction planning exercises and research 
to determine the subsurface conditions of the proposed 
route; therefore, NStar has little information regarding 
(i) the facilities, utilities, infrastructure, and soil/ground- 
water conditions under the streets, (ii) the scope and im- 
pact on traffic, (iii) road re-construction costs and other 
related or resulting expenses for the City of Boston; nor 
has NStar completed construction management and op- 
erational plans including details of (iv) the specific hours 
of construction activities, (v) the locations of construction 
staging areas, (vi) mitigation for business and residents, 
and (vii) the level of EMF in the neighborhoods in the 
City of Boston that will result from transmission lines and 
substations which are part of the project; and 

WHEREAS, NStar has acknowledged that the trench 
configuration in different sections of the project will de- 
pend upon numerous factors yet to be measured, such as 
the precise location of the route, the width of the roadway 
right of way, the level of groundwater, the proximity to 
proposed manholes, and the presence of existing utilities 
in the right of way; and 

WHEREAS, Additionally, NStar, in establishing an ac- 
celerated construction goal and expedited review process, 
has not realistically addressed the timeframe in which 
contractors will be able to provide the highly specialized 
materials needed for the project and the possible effects 
of such delays on the overall construction time line; for 
example, NStar has acknowledged that the manufactur- 
ers of the new transmission cable cannot produce suffi- 
cient quantities of the material to complete the work as 
planned, requiring an additional "Phase II" within 15-18 
months later — the manufacturer of the cable may not be 
able to provide all of the materials to NStar prior to the 
completion date; in other words, NStar may have calen- 
dared a date to "flip the switch" that is earlier than it will 
receive the construction materials; and 

WHEREAS, Moreover, NStar has not discussed with 
the City Council of Boston any techniques, methods, or 
plans for the mitigation of congestion, noise, and road 
damage resulting from the project, nor has it made any 
final commitments to the City of Boston to address how 
any of these disruptive factors in this "Big Dig II" will 
impact the neighborhoods of the City of Boston; and 

WHEREAS, Coordinated planning between NStar 
and the City of Boston and its residents would allow for 
completion of neighborhood construction projects simul- 
taneously with the project, thereby minimizing construc- 
tion impacts and improving the electrical service of the 
residents of the City of Boston; and 

WHEREAS, The 345 kV Transmission Reliability 
Project, as a transmission line project, will not prevent the 
power outages in the neighborhoods of the City of Bos- 
ton; the power outages that have plagued some of Boston's 
neighborhoods result from poor and/or badly maintained 
delivery and distribution systems (they do not result from 
the unavailability of regional power); substandard delivery 
systems (substations and power lines) caused numerous 
blackouts, recently including two subsequent July nights 
in the North End while NStar was merely trying to bring 
a single new customer on line; aged and badly maintained 
lines appear to be the cause of recent explosions of man- 



260 



CITY COUNCIL 



holes in the greater Boston region; NStar has not commu- 
nicated any plans to significantly repair/replace/renovate 
the delivery and local distribution systems; and 

WHEREAS, While NStar has not presented any solu- 
tions to the long-standing distribution and delivery prob- 
lems beleaguring Boston residents, it has placed most 
of the extraordinary construction burden directly on the 
residents of the City; furthermore, NStar did not propose 
to the City of Boston alternate routes which would have 
significantly reduced - or even eliminated - the impact on 
the residents of the neighborhoods of the City; and 

WHEREAS, The proposed project to improve the 
transmission system will not do anything to improve the 
current level of service provided by NStar because the 
proposed project ignores the substandard/outdated deliv- 
ery system; and 

WHEREAS, While the goals of the 345 kV Transmis- 
sion Reliability Project will need to be met in the City 
of Boston in the future, NStar has not established that 
the project — a project which is three times larger than 
any other underground transmission line ever previously 
constructed by NStar n is urgently required within a year; 
therefore, tolerance of an unexcused lack of detailed plan- 
ning of a project of this scope, scale and magnitude is nei- 
ther warranted nor acceptable especially with the knowl- 
edge that substantial transmission projects of this kind are 
generally planned over decades; and 

WHEREAS, NStar has attempted to justify the rushed 
schedule with imperfect rationales including retirement 
of generators, higher than expected load growth, and 
"potential overloading" of the circuits in some areas. Ac- 
cording to industry experts, however, the generators are 
not slated for imminent retirement; the load growth does 
not appear to be dramatically higher than expected (and 
if it is higher than expected then NStar has instantly im- 
pugned its own planning abilities because it has admitted 
to underestimating power requirements); and the "poten- 
tial overloading" is not actual overloading, rather, it is a 
theoretical overloading under worst-case scenario models 
which could be addressed immediately and expediently 
with other less-drastic and less-cumbersome solutions 
while the larger transmission project is planned more 
carefully; and 

WHEREAS, NStar has testified at the Massachusetts 
Department of Telecommunications and Energy that this 
project, with all of its disruptions on the City of Boston, 
is itself only a short term solution, addressing transmis- 
sion issues only until 2013; and that beyond that time, 
NStar has testified that it has still not prepared long-range 
plans for addressing future transmission needs; a fail- 
ure of planning which means that even if this project is 
completed then there is a great likelihood that NStar will 
again in the near term seek to undertake other significant 
construction in the City of Boston; and 

WHEREAS, Since the need for vast transmission proj- 
ects is inevitable due to population growth and aging in- 
frastructure, rational utility companies plan for decades in 
advance; consequently, NStar's urgency and application 
for local waiver is indicative of (i) poor, inadequate plan- 
ning or (ii) disingenuousness; and 

WHEREAS, Any benefits gained from an unneces- 
sarily early commencement of the 345 kV Transmission 
Reliability Project are clearly outweighed by the several 
and substantial costs associated with inevitable delays in 
the completion of the project, the regrettable lack of input 
fi'om the residents of the City of Boston, the undetermined 
and unnecessary expenses to the City of Boston, and the 
potential lesser costs and greater benefits of unexplored 
and/or discarded alternatives; and 

WHEREAS, NStar seeks to undertake a project of 
massive proportion that will affect every resident of this 
City but has not adequately addressed the incidents that 
have already occurred in this city. THEREFORE BE IT 

ORDERED, That the appropriate committee of the 
Boston City Council hold a hearing to be advised of the 
status of the various NStar incidents that have caused 
harm to persons or property as well as its commitment 
to safe practices in construction and maintenance of its 
current facilities and to be advised of the status of this 



pending and vast project. Representatives from the Mas- 
sachusetts Department of Telecommunications and En- 
ergy, the Boston Transportation Department, the Boston 
Public Works Department, the Boston Police Department, 
the Boston Fire Department, the Inspectional Services 
Department, the Law Department, and the Boston Public 
Health Commission shall be invited to attend. 

Referred to the Committee on Public Utilities and 
Cable Communication. 



ORDER REGARDING YOUTH OPPORTUNITIES IN 
BOSTON (DOCKET NO. 1207) 

Councilor KELLY offered the following: 

WHEREAS, Youth Opportunities Boston, or "Yo Bos- 
ton" is a federally fiinded program for city youth between 
the ages of 14 and 21 -years old; and 

WHEREAS, "Yo Boston" was founded to establish 
partnerships between the business community, the city 
and various civic and religious organizations within the 
city's Empowerment Zones for the purpose of helping re- 
duce youth violence and bring at-risk youth into the eco- 
nomic mainstream; and 

WHEREAS, The recent incidents of youth violence in 
the city brings into question whether fluids designated by 
the mayor and approved by the city council are being used 
as effectively as possible to combat youth violence and 
train young people to enter the workforce as productive, 
law-abiding citizens; therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council shall convene a public hearing to 
discuss the financing of, as well as the administration and 
programs utilized by, "Yo Boston", and that the director 
of Youth Opportunities Boston; the mayor's office; and a 
representative, of the city department, responsible for the 
monitoring of federal funds for "Yo Boston" and other 
similar programs be invited to attend and testify. 

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



ORDER FOR HEARING RE: AGING INFRASTRUC- 
TURE OF CITY (DOCKET NO. 1208) 

Councilor HENNIGAN offered the following: 

WHEREAS: During the winter of 2003-2004, many 
residents of Boston reported being "shocked" and burned 
by sidewalks and sewer covers as well as their pet canines 
being injured and killed by the electrified areas; and 

WHEREAS: In May of 2004, a resident of the City of 
Boston was burned by vapor emitted from a sewer cover 
at the comer of Stuart and Clarendon Streets; and 

WHEREAS: In July a teenager in the Metro Boston 
area was serious injured by a 1851b manhole cover as it 
exploded and smashed through the windshield of the ve- 
hicle he was riding in; and 

WHEREAS: In the wake of a two-year-old toddler re- 
ceiving second degree bums on his hand fi^om falling in 
the street and placing his hand on a manhole cover that 
registered above 1 90°; and 

WHEREAS: The Department of Telecommunications 
and Energy (DTE.) has charged the City of Boston, as 
owner and operator of streetlights in the city to identify 
the hazards that may exist within the service territory; 
and 

WHEREAS: The D.T.E. has asked the City of Boston 
to submit a plan, the company could then implement in 
order to track, report and remediate theses hazards; there- 
fore be it 

ORDERED: That the appropriate committee of the 
Boston City Council call for a hearing to discuss the pos- 
sibility for a simimit regarding the aging infi-astructure of 
the City of Boston, and that they invite the appropriate 
authorities that would participate in the summit. 

Referred to the Committee on Public Utilities and 
Cable Communications. 



AUGUST 25, 2004 



261 



ORDER FOR HEARING RE: CORI REFORM AND 
HOW NEW POLICIES AND PROCEDURES 
WILL IMPACT CITY'S HIRING POLICY 
(DOCKET NO. 1209) 

Councilor MURPHY offered the following: 

WHEREAS: The City of Boston employs approxi- 
mately 1 8,000 employees and hires 1 ,000 employees per 
year; and 

WHEREAS: Several City departments are subject to 
guidelines for conducting background investigations as 
required by the Department of Health and Human Ser- 
vices; and 

WHEREAS: city departments providing services to 
children and the elderly are mandated to conduct pre-em- 
ployment background investigations utilizing Criminal 
Offender Record Information (CORI) through the Crimi- 
nal History System Board (CHSB); and 

WHEREAS: The CHSB is now mandated to certify the 
accuracy of the CORI record or ensure the record released 
only contains charges resulting in a conviction and/or any 
open or pending court appearance as law requires; and 

WHEREAS: The Massachusetts Legislature recog- 
nized the adverse impact that inadequate quality control 
and dissemination of charges against an ex offender have 
on the employment prospects of the people of Boston 
when it appropriated $2.4 million in the FYOS budget, 
line item 8000- 01 10; and 

WHEREAS: The legislative appropriation was contin- 
gent upon the CHSB implementing the following chang- 
es: ( 1 ) ensure CORI that is distributed relates the person 
whose CORI has been requested (2) provide practical 
assistance in correcting any errors in CORI Reports (3) 
limit information to convictions and cases pending un- 
less law requires otherwise (such as for public housing) 
(4) before any employment and housing decision is made, 
allow the person with CORI an opportunity to dispute the 
accuracy and relevance of a CORI report; and 

WHEREAS: The City of Boston recognizes the im- 
portance of accuracy and thoroughness in conducting a 
job related background investigation, the City Council 
strongly endorses the practice of showing the applicant 
a copy of their CORI record to ensure accuracy and rel- 
evancy when the contents are being used in the employ- 
ment decision; and 

WHEREAS: Unemployment or underemployment can 
contribute to the rising rate of recidivism; and 

WHEREAS: It is well established that job, housing and 
economic stability playa critical role in reducing recidi- 
vism; and THEREFORE BE IT 

Ordered: That the Boston City Council holds a public 
hearing on the issue of CORI reform and how the new 
policies and procedures governing CORI and the CHSB 
will impact the city's hiring policy; that representatives of 
the CHSB and the city's human resources department be 
invited to attend and give testimony. 

Referred to the Committee on Government Opera- 
tions. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1210) 

Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 21, 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
19,2004: 

Heather L. Greer Secretary 420.00 full time 

Passed under suspension of the rules. 



Councilor FLAHERTY offered the following: 

Ordered: That effective Saturday, August 2 1 , 2004, the 
following named person be, and hereby is, appointed to 
the position set against their name until Friday, November 
19,2004: 

Kristen M. Franks Administrative Asst. 346.00 part 
time 

Passed under suspension of the rules. 



APPOINTMENT OF TEMPORARY EMPLOYEE 
(DOCKET NO. 1211) 



APPOINTMENT OF TEMPORARY EMPLOYEES 
(DOCKET NO. 1212) 

Councilor FLAHERTY offered the following: 
ORDERED: That effective Saturday, August 28, 2004 

the following named person be, and hereby is, appointed 

to the position set against their name until Friday, Novem- 
ber 19,2004: 

Joseph Arangio Secretary 1,019.24 full time 
Elizabeth A. Blasi Secretary 807.70 full time 
John A. Bruno Secretary 1,048.08 full time 
Katherine Carangelo Secretary 596.16 fiill time 
Karen A. Chacon Secretary 673.08 full time 
Brian M. Clinton Secretary 1,153.85 full time 
Samuel S. Conti Secretary 575.00 full time 
Virgenmina Cosme Secretary 673.08 fiill time 
Janet M. Doherty Secretary 403.50 part time 
William P. Doherty Administrative Asst. 1,044.87 full 

time 

Judith E. Evers Secretary 240.00 part time 
Melissa A. Finn Secretary 583.33 full time 
Lorraine E. Fowlkes Secretary 865.40 full time 
Lynnette M. Frazier Administrative Asst. 961.54 full 

time 

Annmarie Geary Secretary 343.40 part time 
Carolyn Geary Administrative Asst. 1,082.88 full time 
Elaine J. Gowdy Administrative Asst. 769.24 full time 
David B. Isberg Administrative Asst. 1,250.00 full 

time 

Andrew Kenneally Secretary 769.23 full time 
Andrius B. Knasas Administrative Asst. 865.39 full 

time 

Kristin M. Langone Secretary 855.77 full time 
Thomas M. McDonough Administrative Asst. 700.00 

full time 

Carol Mullen-Maguire Secretary 750.00 full time 
Robert J. Noto, Jr. Administrative Asst. 708.33 full 

time 

E. Joseph O'Keefe Secretary 1,125.85 ftill time 

Maryanne O'Keefe Secretary 200.04 part time 

Robert Orthman Secretary 576.92 full time 

Mary D. Regan Administrative Asst. 550.00 ftjll time 

Kyle R. Robidoux Secretary 673.08 fiill time 

Lynn Romano Administrative Asst. 269.20 part time 

Lorene Schettino Administrative Asst. 576.95 fiill 

time 

Irene M. Smith Administrative Asst. 1,057.70 full 

time 

Sita M. Smith Secretary 673.08 full time 

Constance Sullivan Administrative Asst. 172.42 part 

time 

Elizabeth Sullivan Secretary 250.00 part time 
Paulette L. Tillery Secretary 350.00 ftill time 
Brenda Liz Velez Secretary 615.39 fiill time 
Paul J. Walkowski Administrative Asst. 1 ,054.72 full 

time 

Kenneth R. Weiand Secretary 500.00 part time 
Danielle R. Williams Secretary 730.77 full time 
James R. Willmuth Secretary 865.39 fiill time 
Kenneth W. Yarbrough Secretary 716.09 fiill time 
Angela S. Yarde Administrative Asst. 846.16 full time 
Marilyn Brambilla Business Manager 953.44 fiill time 
Ron Cobb City Messenger 831.56 full time 
Thomas Cohan Programming Mgr. 961.54 full time 
Ann Hess Staff Director 1,346.15 full time 
Donald R Koch Legislative Analyst 1,214.14 full time 
Juan Lopez Legislative Asst. 899.08 flill time 
Cora F. Montrond Legislative Asst. 83 1 .93 full time 



262 



CITY COUNCIL 



Alicia M. RampuUa Research Director 1,009.61 full 
time 

Cheryl M. Rankin Receptionist 673.08 full time 

Lincoln Smith Asst. Research Director 509.34 part 
time 

Sheila C. Temple Budget Director 1,166.12 fiill time 

Passed under suspension of the rules. 



ORDER FOR HEARING TO DISCUSS NEED TO 
INCREASE FUNDING TO PROVIDE MORE 
TREATMENT BEDS AND GREATER LEVEL OF 
COUNSELING AND EDUCATION TO COMBAT 
EPIDEMIC LEVEL OF ADDICTION TO OXY- 
CONTIN (DOCKET NO. 1213) 

Councilors MCDERMOTT, FEENEY, FLAHERTY, 
CONSALVO, ROSS, MURPHY, KELLY, HENNIGAN, 
ARROYO, TOBIN, YANCEY and SCAPICCHIO offered 
the following: 

WHEREAS: Purdue Pharma began an "aggressive 
marketing and promotional campaign in 1995," for Oxy- 
Contin including taking physicians on expense-paid re- 
treats; and 

WHEREAS: Purdue Pharma sent doctors promotional 
videos that made unsubstantiated claims minimizing the 
dangers associated with OxyContin; and 

WHEREAS: The Federal Drug Administration (FDA) 
has OxyContin listed as a Schedule II drug which are 
drugs that have medical use and a high abuser potential, 
e.g., morphine, methadone, codeine; and 

WHEREAS: OxyContin is a prescription pain reliever 
that produces a euphoric high seldom achieved with illicit 
drugs; and 

WHEREAS: The General Accounting Office reported 
that the FDA had sent two letters to Purdue Pharma ad- 
dressing what the agency stated were misleading adver- 
tisements in JAMA and the American Medical News; 
and 

WHEREAS: The Drug Enforcement Administration 
(DEA) found that OxyContin had been marketed to doc- 
tors who were not adequately trained with this specific 
drug; and 

WHEREAS: Diverted pharmaceuticals such as Oxy- 
Contin, Percocet, Percodan, Vicodin, Xanax, methadone, 
and hydrocodone pose an increasing drug threat to Bos- 
ton; and 

WHEREAS: OxyContin abuse in particular is increas- 
ing, because OxyContin and heroin are being used inter- 
changeably, according to the DEA Boston Division; and 

WHEREAS: A comparison of the extent of OxyContin 
use between 2002 and 2003 alone shows a significant in- 
crease among high school students. In 2002, 1.3% versus 
1.7% in 2003 of 5th graders, 3.0% versus 3.6% of 10th 
graders, and 4.0 versus 4.4% of 12th graders had used 
OxyContin; and 

WHEREAS: 50% of clients from public funded sub- 
stance abuse treatments facilities in the great Boston area 
cited their primary drug as heroin and/or other opiates; 
and 

WHEREAS: The Honorable Thomas M. Menino has 
established and funded 7 coalitions to prevent and treat 
substance abuse; and 

WHEREAS: City funds were reduced by 5% and hun- 
dreds of treatment beds were eliminated; therefore be it 

ORDERED: That the appropriate committee of the 
Boston City Council convene a hearing to discuss the 
need to increase the funding to provide for more treatment 
beds, and a greater level of counseling and education to 
combat the epidemic level of addiction to OxyContin in 
the Boston communities; and further be it 

ORDERED: That the appropriate committee invite the 
Boston Public Health Commission, Boston Police De- 
partment, service providers and any other agency that the 
committee would deem appropriate. 

Referred to the Committee on Health and Human 
Services. 



ORDER AUTHORIZING MAYOR TO ACCEPT AND 
EXPEND GRANT OF $25,000 FROM KEYSPAN 
ENERGY DELFVERY FOR PURPOSE OF IN- 
VENTORY AND ASSESSMENT OF CITY'S IN- 
TEGRATED ENERGY MANAGEMENT PLAN 
(DOCKET NO. 0724) 

Councilor ROSS called Docket No. 0724 from the 
Committee on Public Utilities and Cable Communica- 
tion. 

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

On motion of Councilor Ross, the order was 
passed. 



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: 



ORDER FOR HEARING RE: IMPLEMENTATION OF 
COMMUNITY POLICING (DOCKET NO. 1221) 

Councilors YANCEY, TURNER, ARROYO, KELLY, 
HENNIGAN, MCDERMOTT and MURPHY offered the 
following: 

IMPLEMENTATION OF COMMUNITY 
POLICING IN BOSTON 

WHEREAS: Sir Robert Peel (1788 - 1850), respond- 
ing to problems of law and order in London in 1 829, 
reorganized the way London was policed and noted that 
police should at all times maintain a relationship with the 
public that gives reality to the historic tradition that the 
police are the public and the public are the police; the 
police being only members of the public who are paid to 
give fiill-time attention to duties which are incumbent on 
every citizen in the interests of community welfare and 
existence; and 

WHEREAS: Community policing has become a popu- 
lar crime-fighting strategy across the United States; and 

WHEREAS: Community policing is designed to make 
crime control a collaborative effort; and 

WHEREAS: Police alone cannot solve the City of 
Boston's crime problems, but with the combined effort of 
Communit}' and City government can reduce crime; and 

WHEREAS: The benefits of community policing in- 
clude reduction of crime, improved quality-of-life and 
increased accountability and effectiveness o