11-09-2010 — File 190514

City of Somerville, Massachusetts Matters of Business of the Board of Aldermen REGULAR MEETING MINUTES November 9, 2010, 7:00 PM Aldermanic Chambers ***************** Somerville Board of Aldermen Page 1 of 11 Printed 11/18/2010 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 Absent 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. #190362 Roll Call Call of the Roll. RESULT: PLACED ON FILE 2. #190363 Minutes Approval of the Minutes of the Regular Meeting, October 14, 2010. RESULT: APPROVED CITATIONS 3. #190364 Citation By Ald. Pero, Connolly, and the Entire Board and the Mayor Congratulating Firefighters Michael Powers, Patrick Dorant, and Ryan Epps, each awarded the Thomas Chetham Firefighter of the Year Award by American Legion Post 19. RESULT: APPROVED

November 9, 2010 Somerville Board of Aldermen Page 2 of 11 Printed 11/18/2010 4. #190365 Citation By Ald. Connolly, O’Donovan, Roche, Desmond, and the Entire Board and the Mayor Commending Fire Lieutentant Michael Anzalone and Firefighters Michael Marino, John Beckwith and Robert Galvin for their heroic actions to rescue a motorist from rising waters during the July 10 flood. RESULT: APPROVED 5. #190366 Citation By Ald. Connolly, and the Entire Board and the Mayor Commending Senior Fire Alarm Operator James Swanton and Fire Alarm Operator Kyle Brien for theiroutstanding professionalism while managing hundreds of emergency calls during the July 10 flood. RESULT: APPROVED 6. #190367 Citation By Ald. Pero, Connolly, O’Donovan, Roche, Desmond, and the Entire Board and the Mayor Congratulating Police Officer Dante DiFronzo, awarded the Alexander McQuestion Award by American Legion Post 19. RESULT: APPROVED PUBLIC HEARINGS ORDERS, ORDINANCES, RESOLUTIONS AND MOTIONS OF MEMBERS 7. #190368 Resolution By Ald. O’Donovan, the Entire Board That this Board dedicates this meeting in memory of Robert A. “Bucky” McWatters, who passed away on November 1st. RESULT: APPROVED 8. #190369 Order By Ald. O’Donovan That the Commissioner of Public Works ensure that a street light is operational at the corner of Kidder and Josephine Avenues, forthwith. RESULT: APPROVED 9. #190370 Order By Ald. O’Donovan That the Director of Traffic and Parking appear before this Board’s Committee on Traffic and Parking regarding vehicles exiting from Clyde Street onto Cedar Street. RESULT: APPROVED AS AMENDED Amended: That the Director of Traffic and Parking appear before this Board’s Committee on Public Health and Public Safety, not Traffic and Parking.

November 9, 2010 Somerville Board of Aldermen Page 3 of 11 Printed 11/18/2010 FOLLOWUP: Public Health and Public Safety Committee 10. #190371 Order By Ald. O’Donovan That the Commissioner of Public Works appear before this Board’s Committee on Public Utilities and Public Works to discuss efforts to stop automobiles from turning around in the middle of Boston Avenue at Pritchard Avenue. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 11. #190372 Order By Ald. O’Donovan That the Commissioner of Public Works appear before this Board’s Committee on Public Utilities and Public Works regarding the lack of handicap ramps at the intersection of Highland Road and Kidder Avenue. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 12. #190373 Order By Ald. O’Donovan That the Commissioner of Public Works appear before this Board’s Committee on Public Utilities and Public Works regarding proper signage at the intersection of Hinckley Street and Broadway. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 13. #190374 Order By Ald. O’Donovan That the Commissioner of Public Works appear before this Board’s Committee on Public Utilities and Public Works regarding Parker Place and Conwell Street. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 14. #190375 Order By Ald. White Jr. That the Commissioner of Public Works appear before the Committee on Public Health and Public Safety to discuss the impact of the use of brick cross walks, their impact on the handicapped community, the measures in place to ensure that such cross walks comply with all state regulations and whether such cross walks should be used in future road work. RESULT: APPROVED

November 9, 2010 Somerville Board of Aldermen Page 4 of 11 Printed 11/18/2010 FOLLOWUP: Public Health and Public Safety Committee UNFINISHED BUSINESS 15. #189954 Mayor’s Request Requesting the appointment of Thomas Pasquarello to the position of Chief of Police. RESULT: LAID ON THE TABLE REPORTS OF COMMITTEES 16. CONFIRMATION OF APPOINTMENTS COMMITTEE, NOVEMBER 8, 2010 A. #190376 Committee Report Report of the Committee on Confirmation of Appointments, November 8, 2010 RESULT: APPROVED B. #189470 Mayor’s Communication Requesting the appointment of Adrian J. Botelho as Constable. RESULT: APPROVED C. #190282 Mayor’s Request Requesting the appointment of Angela Allen as Purchasing Director. RESULT: APPROVED D. #190328 Mayor’s Request Requesting the Appointment of William Lee to the Position of Deputy Fire Chief. RESULT: APPROVED E. #190329 Mayor’s Request Requesting the Appointment of Dennis Murphy to the Position of District Fire Chief. RESULT: APPROVED F. #190330 Mayor’s Request Requesting the Appointment of Christopher Major to the Position of Fire Captain. RESULT: APPROVED G. #190331 Mayor’s Request Requesting the Appointment of Michael Avery to the Position of Fire Captain.

November 9, 2010 Somerville Board of Aldermen Page 5 of 11 Printed 11/18/2010 RESULT: APPROVED H. #190332 Mayor’s Request Requesting the Appointment of William Fitzpatrick to the Position of Fire Captain. RESULT: APPROVED I. #190333 Mayor’s Request Requesting the Appointment of Timothy Bakey to the Position of Fire Lieutenant. RESULT: APPROVED J. #190334 Mayor’s Request Requesting the Appointment of Gregory French to the Position of Fire Lieutenant. RESULT: APPROVED K. #190335 Mayor’s Request Requesting the Appointment of David Stiltner to the Position of Fire Lieutenant. RESULT: APPROVED L. #190336 Mayor’s Request Requesting the Appointment of Steven Mauras to the Position of Fire Lieutenant. RESULT: APPROVED M. #190337 Mayor’s Request Requesting the Appointment of Mark Matthews to the Position of Fire Lieutenant. RESULT: APPROVED N. #190338 Mayor’s Request Requesting the Appointment of Stephen Belski to the Position of Fire Lieutenant. RESULT: APPROVED O. #190339 Mayor’s Request Requesting the Appointment of Patrick Halloran to the Fire Reserve List. RESULT: APPROVED P. #190340 Mayor’s Request Requesting the Appointment of Brian Tilley to the Position of Police Officer.

November 9, 2010 Somerville Board of Aldermen Page 6 of 11 Printed 11/18/2010 RESULT: APPROVED Q. #190341 Mayor’s Request Requesting the Appointment of Timothy Vannostrand to the Position of Police Officer. RESULT: APPROVED R. #190377 Order By Ald. Taylor That the City Solicitor report to the Committee on Confirmation of Appointments on the city’s residency requirement, as applicable to department heads, and explain the waiver process for those who do not reside in the city. RESULT: APPROVED FOLLOWUP: Confirmation of Appointments Committee DISCUSSION Acting Police Chief Michael Cabral presented a brief update on the health of Police Officer Mario Oliveira, recently wounded by gunfire while attempting to arrest a suspect on gun charges. 17. LAND USE COMMITTEE, NOVEMBER 4, 2010 A. #190378 Committee Report Report of the Committee on Land Use, November 4, 2010 RESULT: APPROVED 18. LEGISLATIVE MATTERS COMMITTEE, NOVEMBER 3, 2010 A. #190379 Committee Report Report of the Committee on Legislative Matters, November 3, 2010 RESULT: APPROVED B. #190285 Mayor’s Request Requesting approval of an amendment to Ordinance 9-57 for provisions related to inoperable vehicles, unregistered vehicles, storage of boats, trailers, or recreational vehicles, and associated fines. RESULT: ORDINANCE ORDAINED BY ROLL CAL [UNANIMOUS] AYES: Connolly, Desmond, White Jr., Roche, Heuston, Taylor, Pero, O’Donovan, Gewirtz ABSENT: Dennis M. Sullivan, Robert C. Trane

November 9, 2010 Somerville Board of Aldermen Page 7 of 11 Printed 11/18/2010 19. LEGISLATIVE MATTERS COMMITTEE, NOVEMBER 9, 2010 A. #190380 Committee Report Report of the Committee on Legislative Matters, November 9, 2010 RESULT: APPROVED B. #188383 Board Communication By Ald. Connolly, Sullivan That the Director of SPCD Advise This Board Whether the City Should Adopt Appendix 120.AA in Place of the Energy Efficiency Requirements of the “Base” Building Code. RESULT: WORK COMPLETED COMMUNICATIONS OF THE MAYOR 20. #190381 Mayor’s Request Requesting an amendment to the Local Historic District Map to create 3 new Districts (Thurston-Walnut, Pearl, and 9 Brastow) and add 6 properties to these Districts, and to add 5 properties to existing Districts (Central- Atherton-Spring-Summer (CASS), Florence-Myrtle, Flint, and Prospect Hill) (Group D). RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Legislative Matters Committee 21. #190382 Mayor’s Request Requesting approval to change the rate of pay for the position of Police Chief from $165,000 per year to $185,000 per year. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 22. #190383 Mayor’s Request Requesting the use of $9,264 in available funds in the Police Dept. Salaries Account to fund the increase in the rate of pay for the Police Chief position from December 1, 2010, to June 30, 2011. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 23. #190384 Mayor’s Request Requesting the acceptance of a donation of $1,275 in labor and equipment from Dagle Electrical Construction Corp., to install Christmas Trees in city squares on November 16, 2010. RESULT: APPROVED

November 9, 2010 Somerville Board of Aldermen Page 8 of 11 Printed 11/18/2010 24. #190385 Mayor’s Request Requesting the creation of the Rockwell Restaurant Group Stabilization Fund and acceptance of a mitigation payment to the fund of $9,015 from the Rockwell Restaurant Group, to purchase a multi-spaced parking meter. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 25. #190386 Mayor’s Request Requesting the re-appointment of Mary McDonald to the Somerville Housing Authority as the Mayor’s Tenant Representative. RESULT: APPROVED 26. #190387 Mayor’s Request Requesting the appointment of Timothy Talun to the Bicycle Advisory Committee. RESULT: APPROVED 27. #190388 Mayor’s Request Requesting the appointment of Kenneth Carlson to the Bicycle Advisory Committee. RESULT: APPROVED COMMUNICATIONS OF CITY OFFICERS 28. #190389 Officer’s Communication The Director of Personnel, Robert Collins, Matthew Buckley, and the Chief Fire Engineer responding to #190356. RESULT: PLACED ON FILE FOLLOWUP: Confirmation of Appointments Committee 29. #190390 Officer’s Request Chief Assessor requesting to appear at this Board’s next meeting, on November 23, 2010, for a Classification Public Hearing. RESULT: PLACED ON FILE 30. #190391 Officer’s Communication Director of Traffic and Parking responding to various Board Orders. RESULT: PLACED ON FILE NEW BUSINESS 31. #190392 License/Permit New Drainlayer License, RAP General Contracting.

November 9, 2010 Somerville Board of Aldermen Page 9 of 11 Printed 11/18/2010 RESULT: APPROVED 32. #190393 License/Permit New Extended Operating Hours License, Papa John’s Pizza, 622 Somerville Ave., operating to 2AM Sun-Thu and to 3AM Fri-Sa. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 33. #190394 License/Permit New Junk Dealer License, All Checks Cashed Inc., 12 Union Sq., buying gold. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee SUPPLEMENTAL ITEMS 34. #190395 Resolution By Ald. Desmond, O’Donovan, the Entire Board That this Board urges the Alcoholic Beverage Control Commission to ban the sale of products combining high levels of caffeine and alcohol, such as “Four Loko”, anywhere within the Commonwealth. RESULT: APPROVED 35. #190396 Order By Ald. Taylor, Gewirtz That the Commissioner of Public Works provide this Board with an update on the city’s street sweeping operation, including the current schedule and effectiveness of the program. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 36. #190397 Order By Ald. Heuston That the Commissioner of Public Works take appropriate measures to ensure that street lights are operational at 36 and 40 Adrian Street. RESULT: APPROVED 37. #190398 Order By Ald. Heuston That the Director of Traffic and Parking appear before this Board’s Committee on Traffic and Parking to discuss pedestrian safety and traffic issues on Concord and Newton Streets and remedies to eliminate speeding traffic and unsafe situations for pedestrians and children who attend the Argenziano School. RESULT: APPROVED

November 9, 2010 Somerville Board of Aldermen Page 10 of 11 Printed 11/18/2010 FOLLOWUP: Traffic and Parking Committee 38. #190399 Mayor’s Request Requesting payment of a Fiscal Year 2010 Bay Windows invoice for $83 in the Health Dept. RESULT: APPROVED 39. #190400 Officer’s Communication City Solicitor responding to #189435 re: the review of a Constable appointment. RESULT: PLACED ON FILE FOLLOWUP: Confirmation of Appointments Committee 40. #190401 Officer’s Communication Director of Traffic and Parking responding to varioius Board Orders. RESULT: PLACED ON FILE 41. #190402 Public Communication Sean O’Brien conveying that Andrew Puglia will appear as his representative pursuant to #190356. RESULT: PLACED ON FILE FOLLOWUP: Confirmation of Appointments Committee LATE ITEMS 42. #190081 Mayor’s Request Requesting the acceptance of a $490,000 Transit Oriented Development Grant from Mass DOT for the MaxPak site. RESULT: APPROVED Discharged from the Finance Committee. 43. #190403 Order By Ald. Heuston, Taylor That the Director of Traffic and Parking meet with the Ward 2 Alderman to determine locations for limitations on truck traffic on small residential streets in various sections of Ward 2. RESULT: APPROVED FOLLOWUP: Traffic and Parking Committee

November 9, 2010 Somerville Board of Aldermen Page 11 of 11 Printed 11/18/2010 44. #190404 Resolution By Ald. Desmond, the Entire Board That this Board urges KSS Realty, and their partners to employ union labor for all aspects of construction at the MaxPak site and to give preference to qualified Somerville residents when hiring employees for all construction work performed at the site. RESULT: APPROVED 45. #190405 Resolution By Ald. O’Donovan That this Board requests that the Dedication Committee name the corner of Porter Street and Elm Street in memory of Korean War Veteran Robert A. McWatters. RESULT: APPROVED 46. #190406 Resolution By Ald. O’Donovan That this Board requests that the Administration consider naming the home and visiting locker rooms at the Veterans’ Memorial Skating Rink in memory of Korean War veteran Robert A. McWatters and WW II veteran George Hughes. RESULT: APPROVED ADJOURNMENT Adjournment Submitted by John J. Long, City Clerk