Tuesday, January 31, 2023 at 6 PM

Agenda 11 items

1. 1.
   23-0158 Committee Minutes Accepted

   Approval of the Legislative Matters Committee Minutes of January 17, 2023.

   Roll call: 4 aye · 1 absent

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAbsent
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Minutes - Leg Matters - 1-17-23 Full
2. 2.
   23-0107 Mayor's Communication Kept in committee

   Conveying the 2022 Surveillance Technology Annual Report as it relates to Somerville Public Schools.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Dir. Sahni said that school staff are unable to attend the meeting and passed along a request from the Superintendent that questions be conveyed to the School Department in writing. Councilor Kelly referred to the notification system mentioned in the first section of the report and requested an update when that system goes into effect.\par \pard\cf1\f1\par }

   • 📎 GIASDS_01.12.23_Surveillance Tech Annual Report Final
3. 3.
   23-0086 Mayor's Communication Recommended to be marked work completed

   Conveying the 2022 Surveillance Technology Annual Report.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Chair Davis asked for any changes in the report in the past year. Lt. Sheehan said that numbers change yearly depending on crime patterns, but no new technology has been acquired since last year. Assistant Chief Major, Mr. Nascimento and Dir. Rawson said there were also no changes to report in their departments.\par \par Councilor Scott asked about the requisition process for Grey Key technology, Councilor Kelly asked when GPS monitors that were unused in 2021 and 2022 will be disposed of, and Chair Davis asked if the intent is to leave the GLX cameras in place now that the GLX is operational. Lt. Sheehan talked about the warrant process for obtaining Grey Key technology from the Attorney General\rquote s office and said he would get clarification on the other two questions.\par \pard\cf1\f1\par }

   • 📎 Surveillance Technology Annual Report 2022
4. 4.
   23-0172 Order Recommended to be marked work completed

   That the Council amend the Surveillance Technology Ordinance to clarify that it covers cameras used for automated traffic or parking enforcement.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 This item came out of discussion of item 22-1453 at the January 17, 2023 Legislative Matters meeting. Chair Davis shared language for a proposed revision to the Surveillance Technology Ordinance drafted with Legislative Policy Analyst Salisbury. He said that he would take feedback on the draft and bring a new item before the Council with the final amendment text.\par \par Councilor Kelly commented in favor of the proposed changes. However, she added that while there are items in the Surveillance Technology Annual Report that collect data such as license plate numbers, the committee is still discussing whether to include those technologies in the Surveillance Technology Ordinance. Councilor Burnley also commented in favor, but voiced concerns received from constituents about the third-party company that would use license plate information to draft tickets. He also advocated for a more community-based approach to enforcement. Dir. Sahni requested that any language up for consideration be sent to the Law Office for review first.\par \par Chair Davis \i moved to recommend that the City Council adopt a change to the Surveillance Technology Ordinance consistent with the discussions in this committee meeting. The motion was approved by a roll call vote of 4 in favor (Councilor Scott, Councilor Burnley, Councilor Kelly, Chair Davis), none opposed, and 1 absent (Councilor McLaughlin).\i0\par \pard\cf1\f1\par }

   • 📎 Surveillance Ordinance Amendment Parking Cameras v3
5. 5.
   23-0074 Mayor's Request Recommended to be approved

   Requesting approval of a Home Rule Petition to authorize the continued employment of Acting Somerville Police Chief Charles J. Femino.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Chair Davis said that there was a communication from Dir. Capers of RSJ last week summarizing the police chief search process. The Administration is currently collecting feedback from key constituents and stakeholders and will seek the Council\rquote s input as well. Dir. Sahni added that there will also be a community outreach phase that includes listening sessions open to the public. Chair Davis asked why this Home Rule Petition was being submitted for a second year in a row, and Dir. Sahni explained that finding a consultant took longer than expected because the Administration needed to resubmit their RFP.\par \pard\cf1\f1\par }

   Roll call: 3 aye · 1 nay · 1 absent

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Nay
   • Matthew McLaughlinAbsent
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 2023-Chief Femino continued employment
6. 6.
   22-1293 Ordinance Kept in committee

   Proposing Amendments to the Neighborhood Council Designation Ordinance (Chapter 7, Article IX) to encourage the formation of such neighborhood councils.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Councilor Scott explained that he met in early November with Legislative Policy Analyst Salisbury and Acting Special Counsel Salchert. One of the topics they discussed was how prescriptive the ordinance should be. The redline changes in the attached documents came from that meeting.\par \par The committee discussed paragraph 4 of Sec. 7-221 and deliberated over which version of the amendment document is the most recent. Atty Salchert reviewed areas in the proposed language where she felt the intent could be made clearer. Topics discussed include overlapping councils, affiliations of board members, age of members, how much control the City Council should have over the recognition process, and responsibilities of recognized councils. A highlight of the discussion was over the last paragraph of Sec. 7-222 that calls for the City Council to approve a neighborhood council\rquote s request for recognition by a 2/3 vote. Atty Salchert raised the question of whether, given a City Council meeting where there is a quorum but the full body is not present, a simple majority could create an unwanted situation. Chair Davis said he would need to determine whether a 2/3 vote implies two-thirds of the whole or of members present.\par \par Dir. Sahni asked if the language in Sec. 7-224 sufficiently prevents creating a new government entity, which was a previous concern. Atty Salchert said that she would make that section less about the city and more about the process of a neighborhood council developing positions.\par \par Chair Davis said that he will give Atty Salchert time to revise the proposed language, and then he will attach the new draft to a future agenda.\par \pard\cf1\f1\par }

   • 📎 Neighborhood Council Recognition Amendments_BEC_v2-clean
   • 📎 Neighborhood Council Recognition Amendments_BEC_v2-redline-1
   • 📎 2022-10-18 LM Proposed Neighborhood Council Recognition Amendments v4 (with 22-1293)
   • 📎 2022-11-1 LM Neighborhood Council Recognition Amendments (with 22-1293)
   • 📎 01.31.23 LM Amendment Chapter VII Article IX - Neighborhood Council Recognition
   • 📎 01.31.23 LM Law Office Revisions Amendment Chapter VII Article IX - Neighborhood Council Recognition
   • 📎 03.28.23 LM Amendment Chapter VII Article IX Neighborhood Council Recognition
   • 📎 04.13.23 CC Amendment Chapter 7 Article IX Neighborhood Council Recognition
7. 7.
   22-0180 Order Recommended to be marked work completed

   That the Director of Housing provide a written update on the current status of compliance with the Short-Term Rental Ordinance.

8. 8.
   22-0451 Order Recommended to be marked work completed

   That the City Solicitor prepare a revision to the appropriate ordinance so vehicles that are parked in a crosswalk, or blocking a bicycle lane, ADA ramp, bus stop, or sidewalk may be towed as well as ticketed.

9. 9.
   22-0037 Order Recommended to be marked work completed

   That the administration advise the City Council, and provide the language to allow cannabis delivery in the most streamlined way possible.

10. 10.
    22-0047 Order Recommended to be marked work completed

    That the Administration re-submit the Report of the Clean and Open Elections Task Force.

11. 11.
    23-0106 Mayor's Communication Recommended to be marked work completed

    Conveying information regarding item 23-0084, a Mayor's Request requesting the adoption of the Specialized Energy Code.

    • 📎 One-Pager_Specialized Code