►
From YouTube: Committee on Government Operations on November 15, 2021
Description
Docket #0900 - Ordinance to provide for legal representation of the Boston Groundwater Trust by the City of Boston Law Department
A
A
This
ordinance
was
sponsored
by
my
council
colleague,
counselor
kenzie
bark
and
myself
and
council
lady
edwards,
and
referred
to
the
committee
back
on
august
18th
of
2021,
in
accordance
with
chapter
20,
of
the
acts
of
2021,
modifying
certain
requirements
of
the
open
meeting
law
and
relieving
public
bodies
of
certain
requirements,
including
the
requirement
that
public
bodies
connect
its
meetings
in
a
public
place
that
is
open
and
physically
accessible
to
the
public.
The
city
council
will
be
conducting
this
hearing
virtually
via
zoom
and
it
is
being
recorded.
A
This
enables
the
city
council
to
carry
out
its
responsibilities
while
adhering
to
the
public
health,
accommodations
and
ensuring
public
access
to
its
deliberations
through
adequate
and
alternative
means.
The
public
may
watch
this
hearing
via
live
stream
at
www.boston.gov,
slash
city
dash
council
dash
tv
in
on
xfinity
8,
rcn,
82,
verizon
964..
A
It
will
also
be
rebroadcasted
at
a
later
date.
Written
comments
may
be
sent
to
the
committee
email
or
at
ccc.go
boston.gov
and
will
be
made
part
of
the
racket
and
available
to
all
counselors.
If
you
wish
to
provide
public
comments
and
have
not
signed
up
to
do
so.
Please
email,
christine
o'donnell
at
christine,
with
the
c
dot
o'donnell
o
d,
o
n
n
e
l,
l
at
boston.gov
to
receive
the
link.
A
This
proposal
seeks
to
amend
the
city
of
boston
code,
ordinance,
chapter
5,
section
8
and
allow
for
the
boston
groundwater
trust
to
be
provided
with
legal
representation
by
the
city
of
boston
law.
Department
joining
us
today,
as
panelists
will
be
robert
whitney,
co-chair
and
trustee
of
the
boston.
Groundwater
trust
good
morning,
rob
good
to
see
you
christian
siminelli,
executive
director
of
the
boston,
groundwater,
trust
and
also
to
see
christian,
and
I
also
see
that
we're
joined
by
great
gallery
as
well,
and
the
committee
will
also
hear
public
comments.
B
Thank
you
so
much,
mr
chair,
and
thank
you
everybody
for
being
at
this
hearing
today.
This
is,
you
know,
it's
a
straightforward
small
issue,
but
it
has
a
big
impact
on
one
of
the
key
custodians
of
the
public
trust
here
in
boston,
our
groundwater,
trust
and,
and
I'm
grateful
to
you,
counselor
flaherty,
for
being
a
co-sponsor
with
me,
along
with
councilor
edwards,
and
you
know
the
on
a
city
built
on
this
much
fill,
there
is
no
more
more
important
stewardship,
I
would
say
than
the
groundwater
levels.
B
You
know
the
many
historic
buildings
that
we
treasure
rely
on
that
shared
stewardship
and
the
reality
is
is
that
the
trust
undertakes
that
work
on
behalf
of
the
city.
You
know,
and
it
does
so
in
a
context
in
which
there
are
economic
interests
at
play.
There
are
potential,
you
know
insurance
issues
at
play.
There
are
all
kinds
of
things
with
a
legal
dimension,
and
so
really
you
know
as
a
new
counselor.
B
But
it's
just
designed
to
solve
that
and
make
sure
that
it's
clear
that
our
corporation
council
office
and
boston's
legal
resources
are
there
and
available
to
the
trust.
And-
and
I
know
you
know-
I
know
rob's
on
we've-
got
volunteer
board
members
of
the
grant
of
the
groundwater
trust
who
we
are
grateful
for
their
service
and
I
don't
think
any
of
us
want
them
as
individuals
taking
on
the
liability
and
and
the
la
and
a
lack
of
representation
that
we
sort
of
ended
up
set
up
with
here.
B
A
C
Thank
you,
council,
flaherty,
council
block
council
edwards,
providing
legal
counsel
to
the
groundwater
commission
is
something
that
should
have
been
done
a
long
time
ago.
I
want
to
thank
the
sponsors
for
addressing
this
issue.
The
groundwater
commission
plays
a
critical
role
in
the
lives
of
so
many
residents
in
neighborhoods
in
the
city
of
boston,
especially
in
and
around
the
south
end,
the
bay
village,
the
back
bay
beacon,
hill
fort
point
area.
So
I
just
want
to
say
thank
you
to
the
sponsors.
A
D
I
will
do
so.
Thank
you
good
morning,
chair,
flaherty,
counselors,
bach,
edwards
and
flaherty
are
co-sponsors
of
docket
zero,
900
and
also
all
the
remaining
counselors
of
this
boston
city
council.
My
name
is
rob
whitney.
I
am
the
co-chair
of
the
boston
groundwater
trust.
The
boston
city
council
established
the
trust
in
1986
to
monitor
groundwater
levels
in
those
many
areas
of
the
city
where
the
historic
wooden
pilings
that
form
the
foundations
of
buildings
are
threatened
by
low
ground
water
levels
and
further.
D
The
trust
was
established
to
make
recommendations
to
raise,
restore
and
protect
the
water
table
in
those
areas
where
it
is
low
to
protect
those
wooden,
piles
and
other
types
of
foundations
of
buildings
to
prevent
them
from
collapsing
and
injuring
residents
of
the
city.
I
was
originally
nominated
to
the
board
of
the
trust
a
little
over
three
years
ago
by
the
beacon
hill,
civic
association,
where
I'm
the
current
chair
of
the
board
of
directors.
D
As
many
of
you
will
recall,
buildings
in
part
of
beacon
hill
have
been
adversely
affected
and
damaged
by
the
lowering
of
groundwater
tables,
so
particularly
in
the
flat
area
between
charles
street
and
charleston
river.
That
was
constructed
on
landfill
during
the
last
century,
many
parts
of
the
city
have
been
constructed
on
landfill.
D
The
trust
board
of
trustees,
who
are
all
unpaid
volunteers,
have
worked
tirelessly
over
the
years,
since
the
trust
first
came
into
being
many
years
ago
to
incorporate
those
existing
groundwater
observation
wells
that
had
been
installed
originally
on
public
property
for
various
different
projects
into
a
comprehensive
monitoring
network.
Today,
as
a
result
of
this
work,
this
network
has
grown
into
a
network
of
thousands
of
groundwater
observations
wells
that
extend
over
many
parts
of
the
city
that
were
originally
built
on
landfill.
D
The
city
also
established
a
groundwater
conservation
overlay
district,
the
g-cod
that
requires
people
building
on
or
renovating
properties
in
the
ground.
I'm
sorry
in
the
area
to
make
sure
that
their
projects
do
not
cause
any
reduction
in
groundwater
levels
and
to
incorporate
systems
that
will
recharge
ground
rain
water
into
the
ground
instead
of
sending
it
into
streets
and
runoffs.
This
is
again
to
maintain
the
groundwater
levels
in
these
landfill
areas.
D
The
trust
is
tasked
with
with
protecting
the
levels
of
groundwater
within
the
g-cod
to
ensure
the
safety
of
the
area's
buildings
and
its
residents,
while
the
volunteer
trustees
have
worked
to
protect
the
city's
infrastructure
and
citizens
from
the
harmful
effects
of
the
lowering
of
these
groundwater
levels.
As
I've
mentioned,
the
corporation
council
of
the
city
of
boston
has
issued
an
opinion
that
the
trustees
of
the
trust,
as
well
as
the
trust
officers,
members,
employees
and
volunteers,
are
not
to
be
deemed
to
be
officers
and
employees
of
the
city
of
boston.
D
Under
the
current
language
set
forth
in
the
city
of
boston
code,
ordinance,
5,
section
5-8.1,
under
which
the
city's
corporation
council
does
provide
legal
representation
to
other
officers,
employees
of
the
city
of
austin
as
a
result
of
the
law
department's
opinion
in
which
they're
interpreting
the
current
language
that's
set
forth
in
the
existing
ordinance
city
code.
They
cannot
to
their
in
their
opinion,
represent
or
give
legal
advice
to
any
trustee
officer
or
employee
of
the
trust.
D
In
fact,
the
trust
has
been
required
to
purchase
insurance
specifically
that
deals
with
providing
and
giving
us
the
power
to
basically
pay
for
legal
counsel
should
in
fact
be
sued
as
a
result
of
any
actions
brought
against
the
trust.
This,
of
course,
is
expensive
to
the
trust,
but
is
necessary
in
light
of
the
city
of
corporation
council's
opinion.
D
E
We'll
do
thank
you
rob
good
morning
counselors.
Thank
you
very
much
for
for
having
us
today,
christian
siminelli,
I'm
the
executive
director
of
the
boston,
groundwater
trust
and,
as
rob
just
mentioned,
many
of
the
buildings
in
in
the
boston's
field.
Land
neighborhoods
are
supportive
wood
pilings
that
will
last
indefinitely
if
they
remain
submerged
below
the
groundwater
table.
E
If
the
groundwater
table
drops
and
the
pilings
ultimately
can
become
begin
to
decay,
the
buildings
can
settle
unevenly
term
known
as
differential
settlement,
and
this
will
eventually
lead
to
ex
extensive
and
very
expensive
repairs
not
covered
by
insurance
and
are
born
solely
by
the
homeowner
in
the
worst
case.
It
could
be,
it
could
result
in
the
total
loss
of
a
building,
but
thankfully
property
values
are
so
high
that
you
know
that's
becoming
less
and
less
likely
by
the
year.
E
The
trust
was
established
by
the
city
council
in
1986..
Our
third
team
member
volunteer
board
of
trustees
includes
nine
members
appointed
by
the
mayor
upon
the
recommendation
of
the
designated
residential,
commercial
and
preservation
groups,
three
appointed
ex-officio
by
the
mayor
and
one
appointed
ex-official
by
the
president
of
the
city
council.
E
The
establishment
of
the
city-state
groundwater
working
group,
which
includes
public
entities
that
have
significant
underground
infrastructure
in
the
areas
of
interest
to
maintain
and
repair
that
infrastructure.
If
it
has
a
negative
impact
on
the
groundwater
table
creation
and
this
past
summer,
updates
to
the
groundwater
conservation,
overlay
district
and
article
32
of
the
zoning
code.
E
We've
also
secured
funding
to
the
develop
department
of
environment,
energy
and
open
space
since
2008,
and
we
receive
an
annual
contribution
from
the
bossawaren
sewer
commission
since
2003,
and
that's
really
the
the
really
the
nuts
and
and
bolts
of
our
operating
funds
are
really
from
those
two
income
sources
right
there.
I
would
be
remiss
if
I
didn't
mention
the
boston,
water
and
sewer
commission,
the
zoning
board
of
appeals,
the
inspectional
services
department
and
the
boston
planning
and
development
agency.
E
Although
a
small
operation,
the
trust
has
become
the
go-to
organization
to
preserve
wood-piling,
supported
buildings
in
the
city,
buildings
that
represent
a
remarkable
history
of
boston
and
have
and
have
a
significant
and
are
a
significant
part
of
the
city's
residential
tax
base.
Make
no
mistake:
this
has
worked
when
we
want
to
ensure
that
it
continues
to
work
in
keeping
with
your
unwavering
support
throughout
the
years.
I'm
here
today
to
ask
you,
the
council,
who
founded
us
to
continue
supporting
our
organization.
A
F
All
right,
thank
you,
council,
flaherty
and
councilman
brock
and
flynn,
and
the
opportunity
to
be
here
today.
I'm
greg
gaylor,
the
executive
director
of
the
boston
preservation
alliance,
but
I'm
here
as
a
trustee
of
the
boston
groundwater
trust.
I've
been
a
trustee
almost
for
my
entire
tenure
at
the
preservation
alliance,
which
just
hit
nine
years.
I
didn't
prepare
any
formal
remarks.
F
I
just
wanted
to
reiterate
how
important
this
is
to
the
city
to
not
only
to
its
historic
character
and
the
core
aspects
of
what
brings
people
to
boston,
why
people
love
boston,
but
also
the
economic
aspects.
As
you
know,
and
as
christian
mentioned,
the
value
of
these
properties
is
very
high.
The
issue
of
groundwater
and
potential
damage
to
these
buildings
is
significant
and
we
all
know
when
significant
dollars
are
are
at
play
that
lawsuits
come
into
play
as
well.
F
F
As
he
noted
the
dialogue
with
key
infrastructure
controlling
entities
in
the
city
and
the
state
are
really
good.
The
groundwater
improvements
continue.
The
regulation
continues,
we
don't
want
to
lose
the
great
progress
we've
had
in
a
major
lawsuit
and
the
current
situation
would
impair
and
impact
that
great
progress
that
we're
doing
for
the
council
for
the
entire
city
for
the
residents
for
the
tourists
for
the
real
estate
industry
for
the
tax
base
at
no
real,
significant,
huge
cost
to
the
city.
The
minor
contributions
that
christian
mentioned.
F
It's
a
lean
and
mean
operation
that
punches
way
above
its
weight
class.
So
I
really
encourage
you
to
support
this,
to
support
the
trust
and
allow
it
to
continue
its
work
without
the
unfortunate
possibility
of
a
lawsuit,
really
derailing
a
really
successful,
important
operation
for
the
history
infrastructure
and
tax
base
of
the
city.
Thank
you.
A
B
Thanks
so
much,
mr
chairman
and
I'll
also
say
that,
as
you
know,
it
isn't
the
sort
of
custom
of
our
law
department
to
come
to
these
hearings
and
testify,
but
I
understand
them
not
to
have
any
objection
to
the
form
of
this
piece
of
legislation.
I
think
the
corporation
council's
memo
that
was
cited
earlier
by
rob
was
not
intended
to
express
a
lack
of
desire
to
represent
the
groundwater
trust,
but
simply
an
interpretation
of
the
current
ordinances
on
the
books
to
say
that
it
wasn't
within
the
legal
department's
remit.
B
So
I
just
wanted
to
say
I
they're
not
here,
but
for
those
watching
at
home-
that's
sort
of
customary
on
their
part,
but
but
I
think
they're
they're
more
than
willing
to
take
on
this
responsibility
if
we
put
it
in
the
law.
So
I
just
wanted
to
enter
enter
that
key
point,
mr
chairman,
and
then
yeah
I
mean
otherwise
just
I
think
this
is
less
of
a
question.
It's
more.
I
just
wanted
to
re-emphasize
what
one
of
you
just
said.
B
I
mean
I'll
just
say
that
from
my
perspective
as
a
counselor,
I
work
with
the
groundwater
trust
like
I
do.
The
other
pieces
of
city
government
and
when
we're
in
internal
city
scoping
sessions
about
a
project
christian,
is
there
looking
at
the
groundwater
angle
and
at
his
eba
meeting,
the
zba
is
looking
for
a
christian
sign
off.
So
I
just
really
want
to
emphasize
that,
although
we
do
count
on
this
volunteer
board
support
for
the
executive
director.
B
C
Thank
you,
council
fiery.
I
don't
have
any
questions
per
se,
but
just
want
to
highlight
the
the
leadership
of
christian
I've
had
several
hearings
as
as
chair
of
city
city
and
neighborhood
services,
christian
attended
and
provided
the
residents
with
an
update
on
exactly
what
the
groundwater
does
was
a
hearing
with
the
water
and
sewer
to
educate
the
public
on
some
of
the
city
departments
that
play
a
critical
role
in
our
neighborhoods
that
often
don't
receive
the
you
know
the
the
publicity
or
receive
the
receive
recognition
for
their
work.
C
So
I
just
wanted
to
acknowledge
the
incredible
work
of
the
groundwater
trust
and
for
being
available
inaccessible
to
residents
across
the
across
the
city,
especially
neighborhood
associations.
Christians
often
come
out
and
talk
to
residents
at
night
time
and
explain
what
the
what
the
ground,
what
it
does
so.
Thank
you
christian.
I
also
one
final
point
I
wanted
to
make
is
the
groundwater
trust
installed
a
well.
C
This
is
about
a
year
ago,
maybe
a
year
and
a
half
ago
in
east
boston,
and
I
was
there
for
the
installation
of
the
it's
probably
on
site
for
about
three
hours.
It's
not
my!
It's
not
my
district,
but
I
thought
I
wanted
to
make
sure
I
was
able
to
see
how
it
works,
but
it
was
a
major
construction
project.
C
There
was
a
lot
of
activity
going
on
and
you
know
having
legal
representation
for
the
groundwater
team
is
necessary
because
they
play
a
critical
role
in
in
development
of
our
city
in
keeping
our
cities
strong
and
healthy.
So
I
just
want
to
say
thank
you
to
the
to
christian
to
to
rob
who
I
work
with
on
beacon
hill
issues
as
well
and
and
to
say
thank
you
to
greg
no
further
questions
or
comments.
Council
flaherty.
Thank
you.
A
D
Floor
rob
yeah,
I
just
wanted
sorry.
Can
you
hear
me
yeah
sorry?
I
just
wanted
to
reiterate
something.
Counselor
bockett
said
in
my
remarks
with
respect
to
the
law
department.
My
my
remarks
exactly
what
the
counselor
said:
it's
it's
the
interpretation
of
the
the
ordinance
that
was
the
issue
was
the
language
set
forth
and
that's
why
this
ordinance
is
so
important
because
it
actually
changes
that
tax
to
allow
the
law
department
to
help
the
trust
before
they
felt
constrained
that
they
couldn't
based
on
the
current
language.
D
This
helps
them
and
helps
us
by
allowing
them
to
be
free
to
provide
us
with
legal
advice
to
provide
us
with
legal
counsel,
and
we
look
forward
to
working
with
them
on
going
forward
as
needed,
not
only
to
provide
us
with
legal
counsel,
but
also
legal
advice
for
as
counselor
flynn
just
mentioned.
Sometimes
legal
issues
come
up
and
it'd
be
great
to
have
a
resource
that
we
could
reach
out
to,
and
the
legal
department
is
as
assuming
we
get
this
passed,
they
will
be
happy
to
do
so.
D
B
Just
mr
chairman,
that,
obviously
I
mean
I
think,
we're
having
a
short
hearing
today,
because
this
is
something
that
there's
broad
consensus
on
and
it's
really
a
technical
fix,
and
so
I
you
know
I
would.
I
hope
that
you
will
offer
a
positive
report
on
this
at
wednesday's
meeting
and
that's
something
we
can
fix.
I
I
just
want
to
say
you
know
I
take
seriously.
B
A
Well
said,
and
I
concur
wholeheartedly
as
today's
chair,
as
well
as
getting
your
committee
report-
turned
around
quickly
so
to
rob
and
christian
and
greg.
Obviously,
thanks
for
your
your
work
and
involvement
and
expertise
around
the
ground.
We
want
to
trust
on
something
right
on
the
preservation
lines.
You
guys
do
great
work
on
behalf
of
our
city
and
this
as
council
blocking
just
a
little
bit.
A
This
is
an
important
piece
of
sort
of
giving
you
guys
the
protection
or
the
access
to
maybe
getting
a
legal
opinion
into
having
someone
have
your
back
in
the
case
that
you're
there
working
on
behalf
of
the
residents
and
you
have
that
support
and
backup
from
your
council,
but
also
from
folks
that
represent
the
city,
it's
legal
affairs.
So
with
that,
I
have
no
further
comments
with
respect
to
doctor
zero
nine
zero
zero.
The
committee
on
government
operations
will
be
adjourned.
Thank
you
and
good
to
see
everybody.