Committee Report - Legislative Matters - 2-7-12 — File 192555

February 7, 2012 Legislative Matters Committee Page 1 of 3 Printed 2/9/2012 REPORT OF THE LEGISLATIVE MATTERS COMMITTEE Attendee Name Title Status Arrived Rebekah Gewirtz Chair Present John M Connolly Vice Chair Present Bruce M. Desmond Alderman At Large Absent William A. White Jr. Alderman At Large Present Thomas F. Taylor Ward Three Alderman Present Omar Boukili Administrative Assistant Present Dave Shapiro Asst. City Solicitor Present Brian Doherty Law Department Present Michael Glavin Exec. Director, OSPCD Present Eddie Nuzzo Supt., ISD Present 190781 - Requesting an amendment to the Code of Ordinances to establish regulations for paving driveways and other impervious surfaces.: The Clerk of Committees will contact the Planning Board to inquire if a vote has been taken on a zoning change relative to this item. Should the Planning Board vote to approve a change, this committee would schedule a joint meeting with the Committee on Land Use to discuss the issue. RESULT: KEPT IN COMMITTEE 191050 - That the Director of SPCD inform this Board how the city can protect our residents when developers with a history of building or other code violations seek permits for new projects.: Mr. Shapiro stated that the city may legally maintain an administrative listing of developers who have been in violation of building or other codes while working in Somerville. Mr. Nuzzo added that the state currently maintains a watch list of violators and the city’s Inspectional Services Department keeps a database of violations, as well. The committee directed Mr. Glavin to instruct ISD personnel to maintain a database of new building code complaints/violations lodged against contractors. The committee would like the information publicly posted along with a follow-up disposition of the specific complaints/violations. Mr. Glavin will report back to the committee on his progress in 60 days.

Committee Meeting February 7, 2012 Legislative Matters Committee Page 2 of 3 Printed 2/9/2012 RESULT: KEPT IN COMMITTEE 192347 - Requesting acceptance of Section 20 of M.G.L. Chapter 32B allowing the City to establish a Trust Fund for Other Post Employment Benefit Liabilities (OPEB).: Mr. Boukili informed the members that the city's Chief Financial Officer will perform an actuarial breakdown of how the new state law needs to be implemented. The committee requested that the financial data be emailed to committee members prior to the next meeting of the committee. RESULT: KEPT IN COMMITTEE 192402 - Erving Board of Selectmen requesting that this Board consider supporting a proposal in MA for Congressional District apportionment of Presidential Electors for the Electoral College.: This item refers to a bill, (H00200), filed in January 2011 by State Representative Robert Koczera. The committee has received information that Representative Koczera does not expect this bill to pass. RESULT: PLACED ON FILE 192468 - That the City Clerk and the City Solicitor draft appropriate language to create a local ordinance concerning the issuance of Fortune Teller licenses.: Mr. Shapiro explained that under the city’s zoning ordinances, individuals seeking to act as fortune tellers must apply for a licenses in order to operate in the city. Fortune tellers cannot be banned from operation in the city, but they can be regulated, as is the case in some other communities, e.g., Everett, where a special permit is required. The committee suggested that when a new ordinance is proposed on this matter, it include a provision for a CORI check and zoning limits as to where such a business may be located according to the city’s Table of Uses. The committee requested that Mr. Shapiro examine the applicable ordinance(s) in Salem and report his findings back to the committee. RESULT: KEPT IN COMMITTEE 192528 - That the City Solicitor immediately draft a City Ordinance for the licensing of food trucks.: Mr. Shapiro explained that if a vendor had a state license, that vendor could automatically obtain a license in Somerville. Under the proposed change, however, vendors will be required to apply for and obtain a license to function as a hawker or peddler in the city. Mr. Shapiro suggested that a new ordinance be created to deal specifically with food truck vendors.

Committee Meeting February 7, 2012 Legislative Matters Committee Page 3 of 3 Printed 2/9/2012 RESULT: KEPT IN COMMITTEE