09-07-2010 — File 190200

City of Somerville, Massachusetts Matters of Business of the Board of Aldermen REGULAR MEETING MINUTES September 7, 2010, 7:00 PM Aldermanic Chambers ***************** Somerville Board of Aldermen Page 1 of 11 Printed 9/9/2010 NOTICE: This is NOT the official version of the Board of Aldermen'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. . OPENING OF THE MEETING Attendee Name Title Status Arrived John M Connolly Alderman At Large Present Bruce M. Desmond Alderman At Large Present Dennis M. Sullivan Alderman At Large Present William A. White Jr. Alderman At Large Present William M. Roche Ward One Alderman Present Maryann M. Heuston Ward Two Alderman Present Thomas F. Taylor Ward Three Alderman Present Walter F. Pero Ward Four Alderman Present Sean T. O’Donovan Ward Five Alderman Present Rebekah L. Gewirtz Ward Six Alderman Present Robert C. Trane Ward Seven Alderman Present 1. #190049 Roll Call Call of the Roll. RESULT: PLACED ON FILE 2. #190050 Minutes Approval of the Minutes of the Special Meeting of June 29, 2010, and the Regular Meeting of July 8, 2010. RESULT: APPROVED CITATIONS 3. #190051 Citation By Ald. Taylor, and the Entire Board and the Mayor Commending Bert Gay on the happy occasion of his 70th birthday. RESULT: APPROVED 4. #190052 Citation By Ald. Gewirtz, and the Entire Board and the Mayor Commending Jason Santos, Executive Chef at Gargoyles, who was named a Finalist on the “Hell’s Kitchen” reality TV show. RESULT: APPROVED

September 7, 2010 Somerville Board of Aldermen Page 2 of 11 Printed 9/9/2010 PUBLIC HEARINGS 5. #190053 Grant of Location Grant of Location Submitted By National Grid, to install 4,415 feet of 12" steel main gas line from the intersection of Pearl and Pinckney Sts. east to Pearl, north on Mt. Vernon, across Broadway, along Lombardi Way, across Mystic, then along Assembly Sq. Dr. to Ikea Way, along with accessory 8" plastic stubs. RESULT: APPROVED Ald. Roche recused. ORDERS, ORDINANCES, RESOLUTIONS AND MOTIONS OF MEMBERS 6. #190054 Communication By Ald. O’Donovan The Committee on Public Utilities and Public Works will meet Wednesday, September 8, at 7 PM, in the Aldermen’s Chambers, to Discuss the Recent Power Outages. Representatives from NSTAR, the State, Somerville’s State Delegation, and City Officials Have Been Asked to Participate. This Meeting is Open to the Public. RESULT: PLACED ON FILE 7. #190055 Order By Ald. White Jr. That the Director of SPCD (ISD) Consult with the Law Office to Obtain an Administrative Search Warrant to Examine 22 Forster Street and Then Issue All Appropriate Citations and Pursue Legal Action If Necessary. RESULT: APPROVED FOLLOWUP: Public Health and Public Safety Committee 8. #190056 Order By Ald. White Jr. That the Clerk of Committees Send a Communication to the Owner of the Armory and to Arts at the Armory, that They Send to This Board the Consultant's Armory Noise Report before the Next Meeting of the Committee on Public Health and Public Safety, Scheduled for September 20 at 6 PM, and that Representatives of the Armory Appear at that Meeting. RESULT: APPROVED FOLLOWUP: Public Health and Public Safety Committee 9. #190057 Order By Ald. White Jr. That the Chief of Police Appear Before the Committee on Public Health and Public Safety to Discuss Crime Statistics for the Summer Months. RESULT: APPROVED

September 7, 2010 Somerville Board of Aldermen Page 3 of 11 Printed 9/9/2010 FOLLOWUP: Public Health and Public Safety Committee 10. #190058 Order By Ald. White Jr. That the Director of SPCD Provide This Board with the Latest Revision to the City’s Rodent Control Policies before the Next Meeting of the Committee on Public Health and Public Safety, and appear with Appropriate Designees at Said Meeting. RESULT: APPROVED FOLLOWUP: Public Health and Public Safety Committee 11. #190059 Order By Ald. Gewirtz That the Commissioner of Public Works Re-Pave Irving Street. RESULT: APPROVED 12. #190060 Order By Ald. Gewirtz That the Director of SPCD (ISD) Monitor Jack Hammering Activities Near Henry Street to Ensure Compliance with the Noise Ordinance in the Early Morning Hours. RESULT: APPROVED 13. #190061 Resolution By Ald. Sullivan, Roche, White Jr., Desmond, Connolly That This Board Requests that the State Dept. of Public Health Perform a Health and Risk Study and Offer Remediation to Deal with the Issue of Highway Pollution to the Neighborhoods in East Somerville, Adjacent to Route 93. RESULT: APPROVED FOLLOWUP: Public Health and Public Safety Committee 14. #190062 Order By Ald. Sullivan, White Jr., Desmond, Connolly That the Commissioner of Public Works Direct the Appropriate Utility to Remove the Double Pole at 29 Delaware Street and Check the Utility Lines for Safety as They Appear to be Touching the House. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 15. #190063 Order By Ald. Sullivan, Roche, White Jr., Desmond, Connolly That the Commissioner of Public Works Clean the Alley Way at the Edgerly School, Between Otis and Bonair Streets.

September 7, 2010 Somerville Board of Aldermen Page 4 of 11 Printed 9/9/2010 RESULT: APPROVED 16. #190064 Order By Ald. Sullivan, Taylor, Heuston, White Jr., Desmond, Connolly That the Commissioner of Public Works Clean the Conway Park Basketball Courts of All Trash. RESULT: APPROVED 17. #190065 Order By Ald. Taylor, Heuston, Desmond, and the Entire Board That the Commissioner of Public Works Re-Pave Bow Street in the Immediate Future. RESULT: APPROVED 18. #190066 Order By Ald. Taylor That the Director of Traffic and Parking Consider Establishing a 90 Day Visitor Parking Permit for Designated Areas Within the City. RESULT: APPROVED 19. #190067 Order By Ald. Connolly, Gewirtz That the Commissioner of Public Works Replace the City Gas Lamps at College Avenue and Winter Street and in Statue Park. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 20. #190068 Order By Ald. Connolly, Gewirtz That the Commissioner of Public Works Notify the Appropriate Utility to Repair the Streetlamps at at Morrison and Newberne Aves., 256 Morrison Ave., 22 Winslow Ave., Ciampa Manor, and College and Park Aves. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 21. #190069 Order By Ald. Heuston That the Commissioner of Public Works Clean and Maintain the Community Garden on Allen Street. RESULT: APPROVED 22. #190070 Order By Ald. Heuston That the Director of Traffic and Parking Increase PCO Presence on Columbia Street to Enforce Parking Regulations.

September 7, 2010 Somerville Board of Aldermen Page 5 of 11 Printed 9/9/2010 RESULT: APPROVED 23. #190071 Order By Ald. Heuston That the Commissioner of Public Works Pave Hammond Street and Park Place. RESULT: APPROVED 24. #190072 Order By Ald. Heuston That the City Solicitor Draft an Ordinance to Regulate and Require Permits for Paving on Residential and Commercial Properties. RESULT: APPROVED FOLLOWUP: Legislative Matters Committee 25. #190073 Order By Ald. Heuston That the Chief of Police Order Directed Patrols of the Norfolk Street Area and the Sacramento Street Underpass to Deter Vagrants, and that the Commissioner of Public Works Regularly Remove Debris from Those Areas. RESULT: APPROVED 26. #190074 Order By Ald. Heuston That the Commissioner of Public Works Direct NSTAR to Provide a Written Report Explaining Why Repeated Requests to Replace a Missing Street Lamp at 575 Windsor Street and to Repair the Street Light at 11 Joseph Street Have Been Ignored. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 27. #190075 Order By Ald. Heuston That the Director of Finance Provide This Board with Information Regarding Monthly and Quarterly Variance Reports by Department, or the Method by Which Actual Departmental Expenses Are Reconciled to the Budget on a Regular Basis. RESULT: APPROVED FOLLOWUP: Finance Committee UNFINISHED BUSINESS REPORTS OF COMMITTEES

September 7, 2010 Somerville Board of Aldermen Page 6 of 11 Printed 9/9/2010 28. CONFIRMATION OF APPOINTMENTS COMMITTEE, SEPTEMBER 7, 2010 A. #190076 Committee Report Report of the Committee on Confirmation of Appointments, September 7, 2010. RESULT: APPROVED B. #189896 Mayor’s Request Requesting the Appointment of Carlene Campbell to the Commission for Persons with Disabilities. RESULT: APPROVED C. #189955 Mayor’s Request Request the appointment of Jay McKenzie to the position of Permanent Firefighter. RESULT: APPROVED D. #189956 Mayor’s Request Requesting the appointment of Thomas Medeiros to the position of Permanent Firefighter. RESULT: APPROVED E. #189957 Mayor’s Request Requesting the appointment of David Pantanella to the position of Permanent Firefighter. RESULT: APPROVED F. #189958 Mayor’s Request Requesting the appointment of Ann Kardos to the Board of Trustees of the Somerville Public Library. RESULT: APPROVED 29. FINANCE COMMITTEE, SEPTEMBER 1, 2010 A. #190077 Committee Report Report of the Committee on Finance, September 1, 2010. RESULT: APPROVED B. #189945 Mayor’s Request Requesting the appropriation of $529,954 from the Capital Stabilization Fund to replace the Police vehicles and radios that were damaged as a result of the severe rain storm that occurred on July 10, 2010. RESULT: APPROVED BY ROLL CALL [UNANIMOUS] AYES: Connolly, Heuston, Trane, Desmond, White Jr., Roche, Sullivan, Taylor, Gewirtz, Pero, O’Donovan

September 7, 2010 Somerville Board of Aldermen Page 7 of 11 Printed 9/9/2010 C. #189946 Mayor’s Request Requesting approval of a transfer of a total of $100,000 of available funds in various Salaries Accounts and the Interest on Notes-BAN Account, for the Flood Costs-Insurance Deductible Account, to fund the deductible for the building insurance policy following the July 10 flood. RESULT: APPROVED D. #189947 Mayor’s Request Requesting the appropriation of a mitigation payment of $100,000 from IKEA to the Wellington Undercarriage Stabilization Fund, to assist with the Mystic River Reservation Shared Use Path. RESULT: APPROVED BY ROLL CALL [UNANIMOUS] AYES: Connolly, Heuston, Trane, Desmond, White Jr., Roche, Sullivan, Taylor, Gewirtz, Pero, O’Donovan E. #189950 Mayor’s Request Requesting approval of a lease for the Lower Broadway Police Substation at 79-83 Broadway, from 9/1/10 through 8/31/11, for $1,375 per month. RESULT: APPROVED F. #189951 Mayor’s Request Requesting approval for an extension of Contract #08-011, Design Consultants Inc., for the Broadway Streetscape Improvement Project, to October 1, 2013. RESULT: APPROVED G. #189952 Mayor’s Request Requesting the acceptance of a citywide Hazardous Substance Assessment Grant of $200,000 from the Environmental Protection Agency for the redevelopment of brownfield sites. RESULT: APPROVED H. #189953 Mayor’s Request Requesting acceptance of a grant of $9,900 by the Executive Office of Public Safety and Security’s Highway Safety Division to the Police for the Underage Alcohol Enforcement Grant Program. RESULT: APPROVED COMMUNICATIONS OF THE MAYOR 30. #190078 Mayor’s Request Requesting an appropriation of $1,940,788 from the Receipts Reserved for Appropriation-Insurance Losses Account to the East Somerville School Renovations Account, to begin the process of reconstructing the East Somerville Community School. RESULT: REFERRED FOR RECOMMENDATION

September 7, 2010 Somerville Board of Aldermen Page 8 of 11 Printed 9/9/2010 FOLLOWUP: Finance Committee 31. #190079 Mayor’s Request Requesting the authorization of the Veteran’s Memorial Ice Rink Revolving Fund for Fiscal Year 2011. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 32. #190080 Mayor’s Request Requesting an appropriation of $200,000 from the Capital Stabilization Fund Unallocated Balance Account to the Veteran’s Memorial Ice Rink Revolving Fund for start-up operations for the ice rink. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 33. #190081 Mayor’s Request Requesting the acceptance of a $490,000 Transit Oriented Development Grant from Mass DOT for the MaxPak site. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 34. #190082 Mayor’s Request Requesting the Appointment of Barbara Butler to the Commission for Persons with Disabilities. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Confirmation of Appointments Committee COMMUNICATIONS OF CITY OFFICERS 35. #190083 Officer’s Communication Director of Traffic and Parking responding to various Board Orders. RESULT: PLACED ON FILE 36. #190084 Officer’s Communication Asst. City Solicitor responding to BOA #189685 re: proposing an ordinance to ban text messaging while driving. RESULT: PLACED ON FILE

September 7, 2010 Somerville Board of Aldermen Page 9 of 11 Printed 9/9/2010 NEW BUSINESS 37. #190085 License/Permit Public Event Permit, Somerville Dog Festival, Conway Park, Sep 19, 10- 3PM. RESULT: APPROVED 38. #190086 License/Permit Public Event Permit, Malvern Ave. Block Party, Malvern Ave., Sep 25, 2PM (raindate Sep 26). RESULT: APPROVED 39. #190087 License/Permit Renewing Flammables License, Broadway Henry LLC, 38-44 Broadway, 6,256 gallons. RESULT: APPROVED 40. #190088 License/Permit Renewing Garage License, Broadway Henry LLC, 28-30 Broadway, 4 autos inside, 6 outside. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 41. #190089 License/Permit New Garage License, Elias & Abe Auto Repair Inc., 258 Broadway, Mechanical repairs and storing vehicles, 3 autos inside, 27 outside. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 42. #190090 License/Permit New Outdoor Seating License, West Somerville Dental Associates, 124 College Ave., 1 A-Frame sign, 1 table, 1 chair. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 43. #190091 License/Permit Sign Permit, Las Brisas Restaurant, 561 McGrath Hwy. 2 awnings. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee

September 7, 2010 Somerville Board of Aldermen Page 10 of 11 Printed 9/9/2010 44. #190092 License/Permit Renewing Lodging House License, ATO Associates Inc., 134 Professors Row. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 45. #190093 License/Permit Renewing Lodging House License, Kappa Charge Theta Delta Chi, 123 Packard Ave. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 46. #190094 License/Permit Renewing Extended Operating Hours License, Kee Kar Lau, 1158 Broadway, Su-Th to 1:30AM, Fr-Sa to 2AM RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee LATE ITEMS 47. #190095 Order By Ald. Sullivan, Roche That the Commissioner of Public Works install street signs for Maine Avenue and Maine Terrace. RESULT: APPROVED 48. #190096 Order By Ald. Heuston That the Director of SPCD provide this Board with information regarding the Green Line extension track layout and its impacts around the Brickbottom area, addressing such issues as: recent survey information which shows property lines closer than originally anticipated; Mass DOT's plans to use a "five foot strip" on the Union Square side; and the entire right of way on the mainline side and track alignments. RESULT: APPROVED FOLLOWUP: Housing and Community Development Committee 49. #190097 Order By Ald. Heuston That the Director of SPCD update this Board on discussions for air rights uses for the Green Line extension maintenance facility, particularly regarding a stadium. RESULT: APPROVED

September 7, 2010 Somerville Board of Aldermen Page 11 of 11 Printed 9/9/2010 FOLLOWUP: Housing and Community Development Committee 50. #190098 License/Permit Public Event Permit, Oxford St. Block Party, Oxford St. between Hersey and School Sts., Sep 18, 3-9PM. RESULT: APPROVED 51. #190099 License/Permit Public Event Permit, Highland Rd. Block Party, Highland Rd. between Morrison and Kidder Aves., Sep 26, 2-8PM (raindate Oct 3). RESULT: APPROVED 52. #190100 License/Permit Public Event Permit, Somerville Pop Warner Canning Drive, Citywide, Oct 2 & 30, 9-5PM. RESULT: APPROVED 53. #190101 License/Permit New Garage License, Eleftherios Miaris dba Teddy’s Foreign Motors, 86 Joy St., 10 autos in, 5 out. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 54. #190102 Order By Ald. Pero, Connolly, White Jr., Roche That the Director of SPCD appear before the Committee on Housing and Community Development to discuss the planning process to install the new signage proposed for Route 28 and Shore Drive. RESULT: APPROVED FOLLOWUP: Housing and Community Development Committee ADJOURNMENT Adjournment Submitted by John J. Long, City Clerk