City Council

City of Somerville, Massachusetts City Council Meeting Minutes Thursday, March 9, 2023 7:00 PM NOTICE: This is NOT the official version of the City Council's minutes. While reasonable efforts have been made to assure the accuracy of the data provided, do not rely on this information without first checking with the City Clerk. 1. OPENING CEREMONIES The meeting was called to order at 7:05 PM by Ward Three City Councilor Ben Ewen-Campen. The City Council entered into recess at 8:59 PM and returned at 9:10 PM. 1.1. Roll Call Call of the Roll. (ID # 23-0357) RESULT: PLACED ON FILE Present: City Councilor At Large Willie Burnley Jr. City Councilor At Large Charlotte Kelly City Councilor At Large Kristen Strezo City Councilor At Large Jake Wilson Ward One City Councilor Matthew McLaughlin Ward Two City Councilor Jefferson Thomas (J.T.) Scott Ward Three City Councilor Ben Ewen-Campen Ward Four City Councilor Jesse Clingan Ward Five City Councilor Beatriz Gomez Mouakad Ward Six City Councilor Lance L. Davis Ward Seven City Councilor Judy Pineda Neufeld 1.2. Remembrances Remembrances. (ID # 23-0362) Councilor Clingan and the entire Council requested a moment of silence in memory of Maryann Meacham, Esq. Councilor Gomez Mouakad requested a moment of silence in memory of former Somerville Firefighter William “Bill” Ellis. RESULT: APPROVED 1.3. Minutes Approval of the Minutes of the Regular Meeting, February 9, 2023. (ID # 23-0363) RESULT: APPROVED 2. CITATIONS Page 1 of 23 City Council Meeting Minutes March 9, 2023 3. PUBLIC HEARINGS 4. ORDERS, ORDINANCES, RESOLUTIONS AND MOTIONS OF MEMBERS 4.1. Order By Councilor Ewen-Campen, Councilor Burnley Jr., Councilor Clingan, (ID # 23-0318) Councilor Davis, Councilor Gomez Mouakad, Councilor Kelly, Councilor McLaughlin, Councilor Pineda Neufeld, Councilor Scott, Councilor Strezo and Councilor Wilson That this Council draft a Home Rule Petition to authorize Somerville to regulate against rent gouging by establishing Rent Stabilization. Councilor Pineda Neufeld assumed the Chair. Councilor Ewen-Campen noted that since 1994, rent control has been banned by the state and there is nothing that can be done at the municipal level to change that, although some smaller steps have been taken by the city. He submitted this item because he believes that the mood has changed and that it’s time to try to move the issue forward. He sponsored State Representative Mike Connolly to speak on the matter. Representative Connolly stated that rent control has always been a type of political third rail and remains an uphill battle. He said that steps need to be taken to fund housing in the public sector and he encouraged the Council to look at what the City of Boston did yesterday with its Home Rule Petition (HRP). Representative Connolly believes that HRP’s from Somerville and Cambridge should mirror Boston’s. He said that a balance needs to be found to support low income residents and he thinks this is the perfect time to move on a HRP. Councilor Ewen-Campen said the mayor’s office is supportive of the efforts and he hopes to have draft legislation ready in a few months. Councilor Wilson commented that this is what’s needed to bring back sensible rental policies. Councilor Gomez Mouakad spoke about the need for more workforce housing to allow people to live near where they work. (Councilor Ewen-Campen assumed the Chair.) RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Legislative Matters Committee 4.2. Resolution By Councilor Ewen-Campen, Councilor Burnley Jr., Councilor Clingan, (ID # 23-0319) Councilor Davis, Councilor Gomez Mouakad, Councilor Kelly, Councilor McLaughlin, Councilor Pineda Neufeld, Councilor Scott, Councilor Strezo and Councilor Wilson Re-affirming support for An Act Enabling Local Options for Tenant Protections, also known as the Tenant Protection Act (HD.3922 & SD.2368). See item 4.1 (23-0318). RESULT: APPROVED Page 2 of 23 City Council Meeting Minutes March 9, 2023 4.3. Order By Councilor Clingan and Councilor Wilson (ID # 23-0320) That the Director of Mobility install speed humps on Medford Street, between Sycamore and School Streets. Councilor Clingan commented on the amount of traffic at this location. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Traffic and Parking Committee 4.4. Order By Councilor Clingan (ID # 23-0321) That the Director of Mobility place in-street spring-loaded pedestrian crosswalk signs on Medford Street at Sycamore, Thurston, and Dartmouth Streets. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Traffic and Parking Committee 4.5. Order By Councilor Clingan (ID # 23-0322) That the Director of Housing discuss the practice of monthly fees being charged to tenants in affordable housing units. Councilor Clingan has heard reports of erroneous fees being levied upon tenants and he would like more information on this matter. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Housing and Community Development Committee 4.6. Order By Councilor Strezo and Councilor Ewen-Campen (ID # 23-0327) That the Commissioner of Public Works immediately remove the wires wrapped around the pole near 57 Atherton Street and report to the City Council who owns the pole. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Public Utilities and Public Works Committee 4.7. Order By Councilor Strezo and Councilor Ewen-Campen (ID # 23-0328) That the Commissioner of Public Works immediately remove, or raise to a safe height, the cables attached to a pole at the intersection of Harvard and Monmouth Streets, and report to the City Council who owns the pole. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Public Utilities and Public Works Committee 4.8. Order By Councilor Strezo (ID # 23-0330) That the Executive Director of the Arts Council inform this City Council of plans to include writers in arts community initiatives. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Housing and Community Development Committee Page 3 of 23 City Council Meeting Minutes March 9, 2023 4.9. Withdrawn Withdrawn. (ID # 23-0329) RESULT: WITHDRAWN 5. UNFINISHED BUSINESS 6. REPORTS OF COMMITTEES 6.A. CHARTER REVIEW SPECIAL COMMITTEE 6.A.1. Committee Report Report of the Special Committee on Charter Review, meeting as a (ID # 23-0309) Committee of the Whole on March 8, 2023. Councilor Scott presented the Committee Report and said that no formal language was put forth on any of the recommendations. RESULT: APPROVED 6.A.2. Resolution By Councilor Scott (ID # 23-0324) Supporting the recommended language by the Charter Review Committee to establish a Participatory Budgeting Study Committee. RESULT: APPROVED 6.A.3. Resolution By Councilor Scott (ID # 23-0372) Supporting the recommended language by the Charter Review Committee to add a periodic review of compensation of all city employees to ensure compensation is distributed equitably and to the greatest extent possible compensation is sufficient to live in the city, and to establish an Equitable Compensation Committee. RESULT: APPROVED 6.B. EQUITY, GENDER, FAMILIES AND VULNERABLE POPULATIONS COMMITTEE 6.B.1. Committee Report Report of the Committee on Equity, Gender, Seniors, Families and (ID # 23-0304) Vulnerable Populations, meeting on February 28, 2023. Councilor Gomez Mouakad presented the Committee Report and commented that ADA accessibility is often an afterthought as she spoke about the lengthy discussion on this topic. RESULT: APPROVED Page 4 of 23 City Council Meeting Minutes March 9, 2023 6.B.2. Order By Councilor Gomez Mouakad (ID # 22-1717) That the Director of the SomerViva Office of Immigrant Affairs provide an update on the proposed 5-year language plan and how this plan will be implemented in the next five years. RESULT: WORK COMPLETED 6.B.3. Order By Councilor Strezo, Councilor Burnley Jr., Councilor Clingan, Councilor (ID # 22-1884) Davis, Councilor Ewen-Campen, Councilor Gomez Mouakad, Councilor Kelly, Councilor McLaughlin, Councilor Pineda Neufeld, Councilor Scott and Councilor Wilson That the Director of Parks and Recreation eliminate equity barriers for residents signing up for recreation programs. RESULT: WORK COMPLETED 6.B.4. Order By Councilor Gomez Mouakad, Councilor Clingan, Councilor Kelly, (ID # 23-0082) Councilor Burnley Jr. and Councilor Wilson That the Americans with Disabilities Act (ADA) Coordinator, the Director of Inspectional Services, and the Director of Planning, Preservation & Zoning explain to this Council how the City provides oversight for compliance with Fair Housing Act Design Guidelines, the Massachusetts Architectural Access Board CMR 521 and the ADA Standards for Accessible Design, from plan review through building and occupancy permits. RESULT: WORK COMPLETED 6.C. FINANCE COMMITTEE 6.C.1. Committee Report Report of the Committee on Finance, meeting on March 7, 2023. (ID # 23-0308) Councilor Wilson presented the Committee Report and said that 20 items were discussed and that an executive session was held on 2 items. RESULT: APPROVED 6.C.2. Order By Councilor Kelly, Councilor Burnley Jr. and Councilor Wilson (ID # 22-1517) That the Director of Finance and the Budget Director update this Council on the progress of the free cash certification and any anticipated plans for additional free cash use. RESULT: WORK COMPLETED Page 5 of 23 City Council Meeting Minutes March 9, 2023 6.C.3. Mayor's Request Requesting approval to use available funds in the Health and Human (ID # 23-0162) Services Salaries Account in the amount of $21,982 to fund an additional Case Manager position. RESULT: APPROVED 6.C.4. Mayor's Request Requesting approval of a multi-year lease agreement with Hanhal Realty for (ID # 23-0165) a West Somerville Police Substation. RESULT: APPROVED AYE: City Councilor At Large Burnley Jr., City Councilor At Large Kelly, City Councilor At Large Strezo, City Councilor At Large Wilson, Ward One City Councilor McLaughlin, Ward Two City Councilor Scott, Ward Three City Councilor Ewen-Campen, Ward Four City Councilor Clingan, Ward Five City Councilor Gomez Mouakad, and Ward Six City Councilor Davis ABSENT: Ward Seven City Councilor Pineda Neufeld 6.C.5. Mayor's Request Requesting the appropriation of $300,000 from the Community Preservation (ID # 23-0178) Act Fund to the Elizabeth Peabody House for historic building window restoration. RESULT: APPROVED 6.C.6. Mayor's Request Requesting the appropriation of $15,000 from the Community Preservation (ID # 23-0181) Act Fund to Mudflat Pottery School, Inc. for a Facade Restoration Study. RESULT: APPROVED 6.C.7. Mayor's Request Requesting approval to accept and expend a $75,000 grant with no new (ID # 23-0213) match required, from the MA Department of Elementary & Secondary Education to the Health and Human Services SomerPromise Division for LGBTQIA Out-of-School Time Youth Programming. RESULT: APPROVED 6.C.8. Mayor's Request Requesting approval of a time-only extension to the contract with Colliers (ID # 23-0231) Project Leaders USA NE LLC for Owner's Project Manager Services on the Public Safety Facility project. RESULT: APPROVED Page 6 of 23 City Council Meeting Minutes March 9, 2023 6.C.9. Mayor's Request Requesting approval of a time-only extension to the contract with Consigli (ID # 23-0232) Construction Co. Incorporated for Construction Manager At-Risk Services on the Public Safety Facility project. RESULT: APPROVED 6.C.10. Mayor's Request Requesting approval of a time-only extension to the contract with Context (ID # 23-0233) Architecture Incorporated for Architectural & Engineering Services on the Public Safety Facility project. RESULT: APPROVED 6.C.11. Mayor's Request Requesting approval to accept and expend a $20,000 grant with no new (ID # 23-0251) match required, from the Fenway Community Health Center to the Police Department for staffing costs related to the post overdose support team program. RESULT: APPROVED 6.C.12. Mayor's Request Requesting the appropriation of $805,000 from the Unreserved Fund (ID # 23-0258) Balance ("Free Cash") to the Capital Projects Stabilization Fund to purchase and install prefabricated standalone public toilets. RESULT: APPROVED 6.C.13. Officer's City Solicitor requesting to appear in Executive Session with attorneys from Communication Brody, Hardoon, Perkins & Kesten, LLP, to discuss Carlos Melo v. City of (ID # 23-0269) Somerville. RESULT: APPROVED 6.C.14. Officer's City Solicitor requesting to appear in Executive Session with attorneys from Communication Brody, Hardoon, Perkins & Kesten, LLP, to discuss Kathryn McDaid v. City (ID # 23-0270) of Somerville, et al. RESULT: APPROVED Page 7 of 23 City Council Meeting Minutes March 9, 2023 6.C.15. Officer's Director of Infrastructure & Asset Management presenting the FY2023 Communication Capital Investment Plan update. (ID # 23-0271) This item was severed from the Committee Report. Director Raiche gave a presentation of the Capital Investment Plan (CIP) explaining its purpose and how it is funded and managed. The plan is regularly updated for intent of expenditures. He commented that the CIP spreadsheet is outdated in form and content and, to that end, a new process has been established. The city’s financial capacity has evolved over time allowing it to raise more funds than prior years. Much of the city’s infrastructure has deteriorated and is being overburdened to provide additional services. He spoke about reducing the city’s carbon footprint and re-prioritizing right-of-way space. Director Raiche noted the importance of data transparency to meet the needs of an engaged public. He also spoke about project lifecycles, aggregation of investments, cost forecasting, prioritizing investments and financial analysis to determine if the city can afford projects over time. The CIP needs to be able to adapt to the changing needs of the city and will be updated yearly. The four main categories of the CIP are: 1) Buildings (Assembly Sq. Fire Station build out and fire station rehabilitations, 1895 Building Master Plan to be a 1 stop location for city services, community center, and renovations/replacements of WHCS and Brown), 2) Parks and Open Space (schoolyards, Dilboy Field, ArtFarm, pumping station, veterans monuments restorations), 3) Streetscapes (street resurfacing, sidewalks, Clarendon Hill traffic pattern, sewer separation project, Highland Avenue redesign, Broadway Vision Zero) and 4) Vehicles - equipment & real estate. Several councilors commented about the difficulty in tracking budget changes without the CIP spreadsheet and asked that it be made available and Director Raiche will try to accommodate that request. Councilor Kelly asked how CIP projects impact the general fund and Budget Director Mastrobuoni explained how to find the info on ClearGov. Additional details are available at <https://city-somerville-ma-budget-book.cleargov.com/5132/capital-improv ements/cip-summary> RESULT: PLACED ON FILE 6.C.16. Mayor's Request Requesting the appropriation of $1,847,374 from the Unreserved Fund (ID # 23-0272) Balance ("Free Cash") to the Affordable Housing Trust Fund Account for supplemental funding for the Municipal Voucher Program. RESULT: APPROVED Page 8 of 23 City Council Meeting Minutes March 9, 2023 6.C.17. Order By Councilor Kelly (ID # 23-0280) That the Director of Finance provide a written report detailing all Stabilization Funds and the current balance in each fund. RESULT: WORK COMPLETED 6.C.18. Mayor's Request Requesting the appropriation of $805,675 from the Capital Stabilization (ID # 23-0282) Fund for the purchase and installation of outdoor prefabricated toilet facilities. RESULT: APPROVED AYE: City Councilor At Large Burnley Jr., City Councilor At Large Kelly, City Councilor At Large Strezo, City Councilor At Large Wilson, Ward One City Councilor McLaughlin, Ward Two City Councilor Scott, Ward Three City Councilor Ewen-Campen, Ward Four City Councilor Clingan, Ward Five City Councilor Gomez Mouakad, and Ward Six City Councilor Davis ABSENT: Ward Seven City Councilor Pineda Neufeld 6.C.19. Mayor's Request Requesting the appropriation of $137,500 from the Unreserved Fund (ID # 23-0284) Balance ("Free Cash") to the Law Department's Damages to Persons and Property Account to fund the settlement of Carlos Melo v. City of Somerville. RESULT: APPROVED 6.C.20. Mayor's Request Requesting the appropriation of $702,500 from the Unreserved Fund (ID # 23-0285) Balance ("Free Cash") to the Law Department's Damages to Persons and Property Account to fund the settlement of Kathryn McDaid v. City of Somerville, et al. RESULT: APPROVED 6.D. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE 6.D.1. Committee Report Report of the Committee on Housing and Community Development, (ID # 23-0305) meeting on March 1, 2023. Councilor Strezo presented the Committee Report and spoke about the Bike Kitchen, Somerville Community Land Trust, and enforcement of the Fair Housing Act. RESULT: APPROVED Page 9 of 23 City Council Meeting Minutes March 9, 2023 6.D.2. Resolution By Councilor Strezo (ID # 22-0090) That representatives of the Community Land Trust update this Council’s Housing and Community Development Committee on its progress and how the Council can help implement the Trust’s goals. RESULT: WORK COMPLETED 6.D.3. Order By Councilor Strezo (ID # 22-0170) That the Director of Housing, the Director of the Office of Housing Stability, and the Director of Planning and Zoning discuss the challenges associated with and potential modifications to the Tier 3 Rental ADUs multiplier at 110% AMI for inclusionary units. RESULT: WORK COMPLETED 6.D.4. Order By Councilor Strezo (ID # 22-0173) That the Executive Director of the Office of Strategic Planning and Community Development work with the Affordable Housing Trust Fund to consider combining the affordable housing linkage payments for commercial development as a funding source for a development that will result in the creation of affordable units. RESULT: WORK COMPLETED 6.D.5. Order By Councilor Strezo and Councilor McLaughlin (ID # 22-0174) That the Director of the Office of Housing Stability discuss proactive measures to inform tenants in inclusionary housing units of the rights and resources available to them. RESULT: WORK COMPLETED 6.D.6. Officer's Fair Housing Commission Staff Liaison conveying the Fiscal Year 2021 Fair Communication Housing Commission Annual Report. (ID # 23-0036) RESULT: WORK COMPLETED 6.D.7. Order By Councilor Strezo, Councilor Burnley Jr., Councilor Pineda Neufeld, (ID # 23-0064) Councilor Gomez Mouakad and Councilor Scott That this City Council's Committee on Housing and Community Development discuss the attached letter from the Somerville Fair Housing Commission regarding the current Massachusetts Commission Against Discrimination backlog. RESULT: WORK COMPLETED Page 10 of 23 City Council Meeting Minutes March 9, 2023 6.D.8. Order By Councilor Strezo (ID # 23-0281) That the Director of Human Resources provide a written demographic breakdown, including the age, gender, and race/ethnicity of Customer Service Representatives in the Constituent Services Department (311). RESULT: WORK COMPLETED 6.E. LICENSES AND PERMITS COMMITTEE 6.E.1. Committee Report Report of the Committee on Licenses and Permits, meeting on March 6, (ID # 23-0307) 2023. Councilor Burnley presented the Committee Report and said that 4 items were discussed with 2 being recommended for approval and 2 remaining in committee. RESULT: APPROVED 6.E.2. License New Extended Operating Hours License, Falafel Place, 1 Main St, opening (ID # 23-0221) Mon-Sun until 3am for in-store, take-out, and delivery services. RESULT: APPROVED 6.E.3. Grant of Location Eversource applying for a Grant of Location to install 102 feet of conduit in (ID # 23-0224) Kent St, from Utility Pole 191/3 to a point of pickup at 22 Kent St. RESULT: APPROVED 6.F. PUBLIC HEALTH AND PUBLIC SAFETY COMMITTEE 6.F.1. Committee Report Report of the Committee on Public Health and Public Safety, meeting on (ID # 23-0302) February 27, 2023. Councilor Kelly presented the Committee Report and noted that speakers were present from across the country on the topic of alternative emergency responses. The committee received some examples of how this matter is being treated by other communities. Councilor Wilson, who is not a member of this committee, encouraged everyone to watch the video of the meeting. RESULT: APPROVED Page 11 of 23 City Council Meeting Minutes March 9, 2023 6.F.2. Order By Councilor Wilson, Councilor Ewen-Campen, Councilor Kelly and (ID # 22-1373) Councilor Burnley Jr. That the Director of Health and Human Services and the Director of Community Outreach, Help and Recovery appear before the Public Health and Public Safety Committee to discuss an alternative emergency response program. RESULT: WORK COMPLETED 6.F.3. Order By Councilor Kelly, Councilor Burnley Jr. and Councilor Wilson (ID # 23-0278) That this Council discuss alternative emergency response methods with local mental health care providers. RESULT: WORK COMPLETED 6.F.4. Order By Councilor Kelly, Councilor Burnley Jr. and Councilor Wilson (ID # 23-0279) That this Council discuss alternative emergency response and/or other non-police emergency response methods that other municipalities have pursued. RESULT: WORK COMPLETED 6.G. PUBLIC UTILITIES AND PUBLIC WORKS COMMITTEE 6.G.1. Committee Report Report of the Committee on Public Utilities and Public Works, meeting on (ID # 23-0306) March 2, 2023. Councilor Clingan presented the Committee Report saying that the bulk of the meeting had to do with the process of monitoring contracts. RESULT: APPROVED 6.G.2. Resolution By Councilor Clingan (ID # 23-0057) That the Administration update this Council on the contract renewal process with TZE and discuss how the process works. RESULT: WORK COMPLETED 6.H. TRAFFIC AND PARKING COMMITTEE 6.H.1. Committee Report Report of the Committee on Traffic and Parking, meeting on February 27, (ID # 23-0303) 2023. Councilor Gomez Mouakad presented the Committee Report and said that topics discussed included bus routes, traffic calming, traffic signaling, and pedestrian safety. RESULT: APPROVED Page 12 of 23 City Council Meeting Minutes March 9, 2023 6.H.2. Order By Councilor McLaughlin and Councilor Wilson (ID # 22-2117) That the Director of Mobility increase lighting and short-term traffic calming measures on the corner of Pearl and Franklin Streets, to address safety concerns while the construction of Pearl Street is delayed. RESULT: WORK COMPLETED 6.H.3. Order By Councilor Scott (ID # 22-2144) That the Director of Mobility respond to constituent complaints regarding the bus stop placement westbound at Beacon and Washington. RESULT: WORK COMPLETED 6.H.4. Order By Councilor Scott (ID # 22-2145) That the Director of Mobility address resident parking subsidies in negotiated Transportation Management Plans for major developments. RESULT: WORK COMPLETED 6.H.5. Order By Councilor Scott (ID # 22-2146) That the Director of Mobility work with residents on Lake St to ensure that the parking plan for ongoing projects does not block driveway access. RESULT: WORK COMPLETED 6.H.6. Order By Councilor Scott and Councilor Wilson (ID # 22-2148) That the Director of Mobility update the Ward 2 Councilor on the prioritization of speed bump installation on the requested streets. RESULT: WORK COMPLETED 6.H.7. Order By Councilor Gomez Mouakad, Councilor Kelly and Councilor Strezo (ID # 23-0083) That the Director of Mobility consider improvements to deficient conditions impacting the safety and pedestrian accessibility of Cedar Street. RESULT: WORK COMPLETED 7. COMMUNICATIONS OF THE MAYOR 7.1. Mayor's Request Requesting the acceptance of Massachusetts General Laws, Chapter 138, (ID # 23-0323) Section 33B, to confirm the authorization of licensees under section twelve to sell alcoholic beverages between the hours of 10:00 AM and 12:00 noon on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Legislative Matters Committee Page 13 of 23 City Council Meeting Minutes March 9, 2023 7.2. Mayor's Request Requesting approval of a grant of easement and maintenance agreement for (ID # 23-0332) BRE-BMR Assembly I Innovation LLC and BRE-BMR Middlesex LLC. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.3. Mayor's Request Requesting authorization to borrow $2,068,800 in a bond, and to appropriate (ID # 23-0300) the same amount to participate in the Drinking Water State Revolving Fund for Lead Service Replacement program and rescind Docket #214477, authorization to borrow $1,477,738 in a bond for participation in the FY23 MWRA Lead Line Replacement Program. Director Raiche explained that by switching the funding source, the city would save money by taking advantage of the loan forgiveness included in the program. He commented that no less than 30% of the amount of the program would be forgiven and that it’s possible that the city could get 100% forgiveness. This is a time sensitive item. RESULT: APPROVED AYE: City Councilor At Large Burnley Jr., City Councilor At Large Kelly, City Councilor At Large Strezo, City Councilor At Large Wilson, Ward One City Councilor McLaughlin, Ward Two City Councilor Scott, Ward Three City Councilor Ewen-Campen, Ward Four City Councilor Clingan, Ward Five City Councilor Gomez Mouakad, Ward Six City Councilor Davis, and Ward Seven City Councilor Pineda Neufeld 7.4. Mayor's Request Requesting the appropriation of $827,000 from the Unreserved Fund (ID # 23-0325) Balance ("Free Cash") to the Capital Stabilization Fund for site preparation, construction, and furnishing of a safe consumption site. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.5. Mayor's Request Requesting the appropriation of $425,000 from the Community Preservation (ID # 23-0312) Act (CPA) Fund to the Somerville Hispanic Association for community development for continued historic preservation of Grace Baptist Church. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee Page 14 of 23 City Council Meeting Minutes March 9, 2023 7.6. Mayor's Request Requesting the appropriation of $151,000 from the Community Preservation (ID # 23-0310) Act (CPA) Fund to the Somerville Museum for collections conservation. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.7. Mayor's Request Requesting approval to repurpose $3,500,000 in unused COVID-19 (ID # 23-0316) Stabilization Fund appropriations for affordable housing opportunities for low-income residents. Director Feloney explained the request is to repurpose these funds for affordable housing as part of the 100 Homes Program. SCC submitted an ARPA application that wasn’t granted and this item serves as an alternative funding source. This has been approved by the Affordable Housing Trust subject to approval by the Council. RESULT: APPROVED 7.8. Mayor's Request Requesting approval of an inter-fund transfer of $3,500,000 from the (ID # 23-0317) COVID-19 Stabilization Fund to the Affordable Housing Trust Fund to provide affordable housing opportunities for low-income residents. See item 7.7 (23-0316). RESULT: APPROVED AYE: City Councilor At Large Burnley Jr., City Councilor At Large Kelly, City Councilor At Large Strezo, City Councilor At Large Wilson, Ward One City Councilor McLaughlin, Ward Two City Councilor Scott, Ward Three City Councilor Ewen-Campen, Ward Four City Councilor Clingan, Ward Five City Councilor Gomez Mouakad, Ward Six City Councilor Davis, and Ward Seven City Councilor Pineda Neufeld 7.9. Mayor's Request Requesting approval of a transfer of $20,125 from the Information (ID # 23-0311) Technology Department Salaries Account to the Information Technology Department Maintenance Software Account to procure and standardize on the Zoom platform for remote meetings. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee Page 15 of 23 City Council Meeting Minutes March 9, 2023 7.10. Mayor's Request Requesting approval to accept and expend a $5,761.47 grant with no new (ID # 23-0296) match required, from the Office of Emergency Management (OEM) to the Fire Department for equipment to develop emergency operations capacity. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.11. Mayor's Request Requesting approval to accept and expend a $5,234.59 grant with no new (ID # 23-0315) match required, from the Office of Emergency Management (OEM) to the Fire Department for the purchase of protective equipment to support active threat preparedness initiatives. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.12. Mayor's Request Requesting approval to accept and expend a $2,982.40 grant with no new (ID # 23-0297) match required, from the Office of Emergency Management (OEM) to the Fire Department for equipment to develop emergency operations capacity. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.13. Mayor's Request Requesting approval to pay prior year invoices totaling $65,686.35 using (ID # 23-0301) available funds various Public Works Ordinary Maintenance accounts for various services. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.14. Mayor's Request Requesting approval to pay prior year invoices totaling $480 using available (ID # 23-0313) funds in the Engineering Capital Outlay Engineering/Architecture Account for the FY22 Pavement & Sidewalk Assessment. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee Page 16 of 23 City Council Meeting Minutes March 9, 2023 7.15. Mayor's Request Requesting approval to pay prior year invoices totaling $289.68 using (ID # 23-0290) available funds in the Elections Department Office Supplies Account for index dividers, ledger paper, and water. Councilor Wilson moved to waive the readings of items 7.2, 7.4, 7.5, 7.6 and 7.9 through 7.15 and refer them to the Finance Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 7.16. Mayor's Request Requesting confirmation of the appointment of Dorothy Suput to the Urban (ID # 23-0326) Forestry Committee. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Confirmation of Appointments and Personnel Matters Committee 7.17. Mayor's Conveying the Somerville Linkage Nexus Study Final Report. Communication (ID # 23-0356) Councilor Wilson expressed concern for those whose jobs are going to be eliminated. Councilor Kelly noted that the Afford Housing Trust is interested in this item. RESULT: PLACED ON FILE AND SENT FOR DISCUSSION FOLLOWUP: Land Use Committee 8. COMMUNICATIONS OF CITY OFFICERS 8.1. Officer's Chief of Police conveying a memorandum regarding implementation of an Communication Ordinance Securing the Rights of Individuals Seeking Gender Affirming (ID # 23-0331) Care and Reproductive Healthcare, pursuant to Section 2-10 (j) (3) of the Code of Ordinances. Councilor Burnley commented on draconian attitudes towards gender affirmation and abortion issues. RESULT: PLACED ON FILE 8.2. Officer's Chief of Police conveying a bi-annual report, pursuant to Section 2-10 (h) of Communication the Code of Ordinances. (ID # 23-0333) RESULT: PLACED ON FILE Page 17 of 23 City Council Meeting Minutes March 9, 2023 8.3. Officer's Chief of Police conveying a bi-annual report, pursuant to Section 2-6 (g) of Communication the Code of Ordinances. (ID # 23-0334) RESULT: PLACED ON FILE 9. NEW BUSINESS 9.1. License Renewing Drainlayer's License, A.A. Will Corporation. (ID # 23-0358) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.2. License Renewing Drainlayer's License, A.P. Flowers & Son LLC. (ID # 23-0343) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.3. License Renewing Drainlayer's License, Baystate Engineering Corp. (ID # 23-0366) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.4. License Renewing Drainlayer's License, C.M. Conway Construction Inc. (ID # 23-0344) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.5. License Renewing Drainlayer's License, Insite Contracting Inc. (ID # 23-0346) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED Page 18 of 23 City Council Meeting Minutes March 9, 2023 9.6. License Renewing Drainlayer's License, James W. Flett Co., Inc. (ID # 23-0345) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.7. License Renewing Drainlayer's License, Mirra Co., LLC. (ID # 23-0347) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.8. License Renewing Drainlayer's License, P. Gioioso & Sons, Inc. (ID # 23-0348) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.9. License Renewing Drainlayer's License, R.M. Pacella Inc. (ID # 23-0349) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.10. License Renewing Drainlayer's License, Super Service Today Inc. (ID # 23-0350) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.11. License Renewing Drainlayer's License, Tufts Constructions Inc. (ID # 23-0351) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED Page 19 of 23 City Council Meeting Minutes March 9, 2023 9.12. License Renewing Garage License, Dino, 308 McGrath Hwy. (ID # 23-0353) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.13. License Renewing Garage License, Original Auto Body and Mechanic Inc, 12 Joy (ID # 23-0352) St. Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.14. License New Sign/Awning License, BrightView, 401 Highland Ave, 1 awning and 2 (ID # 23-0354) wall mounted signs. Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.15. License Renewing Taxi Medallion License, God's Blessing Cab Inc., Med. #60. (ID # 23-0355) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.16. License Renewing Taxi Medallion License, Joseph Nicolas, Med. #79. (ID # 23-0364) Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED 9.17. License Renewing Taxi Medallion License, Renaissance Taxi Service LLC, Med. (ID # 23-0365) #50. Councilor Burnley moved to waive the readings of items 9.1 through 9.17 and approve them tonight. RESULT: APPROVED Page 20 of 23 City Council Meeting Minutes March 9, 2023 9.18. Public Organization for Polyamory and Ethical Non-Monogamy (OPEN) Communication submitting comments re: nondiscrimination provisions in ordinances based (ID # 23-0299) on relationship structure. RESULT: PLACED ON FILE AND SENT FOR DISCUSSION FOLLOWUP: Legislative Matters Committee 10. SUPPLEMENTAL ITEMS 10.1. Ordinance By Councilor Burnley Jr. (ID # 23-0360) Amending Section 1-19 of the Code of Ordinances to remove the phrase "Honorably Purchased from Pawtuckets - 1639" from the City seal. Councilor Burnley spoke about the city’s flag and the language written upon it. He believes that it is a disingenuous way to look at history. This matter has been discussed by previous Council members and he would like to begin a longer conversation to highlight an indigenous telling of how Somerville became Somerville. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Legislative Matters Committee 10.2. Order By Councilor Burnley Jr. and Councilor Kelly (ID # 23-0359) That the City Solicitor advise this Council regarding the city's ability to use General Funds for a mass medical debt relief program. Councilor Burnley noted that he is looking for clarification on this matter. Councilor Strezo, noting that there is a limited amount of resources available in municipal government, stated her opposition to using municipal funds to reduce medical debt, adding that it’s a travesty that this country does not have a national health care program. She noted that hospitals charge exorbitant fees with no repercussions. She went on to say that this order does not address the cause of medical debt. Councilor Strezo was noted as being opposed to the order. Councilor Burnley cited examples of other communities where this is happening and said that the ask would be for about $200,000. RESULT: APPROVED AND SENT FOR DISCUSSION FOLLOWUP: Finance Committee Page 21 of 23 City Council Meeting Minutes March 9, 2023 10.3. Order By Councilor Burnley Jr. (ID # 23-0361) That the Director of SomerViva Office of Immigrant Affairs and other appropriate staff report to this Council what steps are taken when migrants arrive in the city unexpectedly, and confirm whether a written policy or plan exists for this contingency. Councilor Burnley commented that several hundred migrant children were absorbed into the city’s school system in the past year. Councilor Pineda Neufeld said that the city should NOT have a written policy in place that is distributed to the public as this is a safety issue for undocumented immigrants and unaccompanied minors. She offered an amendment to delete the words “, and confirm whether a written policy or plan exists for this contingency ” from the order and asked for understanding of the impact it would have to have written documentation of what the plan is. She continued by saying that we are protecting the identities of undocumented immigrants and unaccompanied minors by insuring that nothing is written about where they go and what happens as a result. Councilor Burnley opposed the amendment and asked that the item be referred to the Equity, Gender, Families, Seniors and Vulnerable Populations Committee. President Ewen-Campen stated that he was inclined to approve the item and ask the SOIA Director to reach out to Councilor Burnley directly and answer his questions, and if those answers are not satisfactory, to think of a way to have a conversation about the item in a respectful and responsible way in committee. Councilor Gomez Mouakad suggested that Councilor Burnley speak to the Director of SOIA for additional information. Councilor Burnley asked that this item be sent to committee to give him time to get some answers off-line. Chair Ewen-Campen denied the request to send the item to committee and informed Councilor Burnley that, should he not received adequate answers, he should submit the order again. Councilor Burnley moved to override the Chair’s ruling and send item to committee. The motion to override was not approved on a roll call vote of 3 in favor (Scott, Burnley, Kelly), 7 opposed (Davis, Strezo, Clingan, Wilson, Gomez Mouakad, Pineda Neufeld, Ewen-Campen) and 1 absent (McLaughlin). RESULT: APPROVED 10.4. Communication By Councilor Davis (ID # 23-0371) Conveying budget priorities and requests for FY 2024. RESULT: PLACED ON FILE AND SENT FOR DISCUSSION FOLLOWUP: Finance Committee Page 22 of 23 City Council Meeting Minutes March 9, 2023 10.5. Public Tufts University conveying its Spring 2023 Accountability Report. Communication (ID # 23-0367) RESULT: PLACED ON FILE 10.6. Public Harvard University conveying its Spring 2023 Accountability Report. Communication (ID # 23-0370) RESULT: PLACED ON FILE 10.7. Public Crystal Huff submitting comments re: use of Free Cash for affordable Communication housing. (ID # 23-0368) RESULT: PLACED ON FILE 11. LATE ITEMS 11.1. Mayor's Request Requesting approval of the Municipal Election Calendar for 2023. (ID # 23-0187) The item was discharged from committee and placed before the Council for discussion. Election Commissioner Salerno addressed the Council and said that there’s nothing different in the schedule than in previous years. Councilor Pineda Neufeld noted that the last day for filing for a recount falls on Yom Kippur and she asked that it be changed, if possible. The item was tabled to allow Commissioner Salerno to check if that date is able to be moved. After reviewing the schedule, the item was removed from the table and Commissioner Salerno reported that the date parameter is dictated by state law. He said that if the date of the election were changed, the request could be accommodated. Councilor Pineda Neufeld stated her preference to keep the date of the election as scheduled. RESULT: APPROVED 12. ADJOURNMENT The meeting was Adjourned at 10:57 PM. Page 23 of 23