Committee Report - Leg Matters - 10-16-12 — File 193879

October 16, 2012 Legislative Matters Committee Page 1 of 2 Printed 10/23/2012 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 Present William A. White Jr. Alderman At Large Present Thomas F. Taylor Ward Three Alderman Absent Dave Shapiro Asst. City Solicitor Present Jason Grossfield Asst. City Solicitor Present Omar Boukili Administrative Assistant Present Michael Glavin Exec. Director, OSPCD Present Robert C. Trane Ward Seven Alderman Present Tony Lafuente Ward Four Alderman Present 193078 - That the City Solicitor advise this Board whether the City should accept MGL c40U for the imposition of liens on property for unpaid municipal charges, or rely on the special act of 1996 already in place.: Mr. Shapiro spoke on this item and informed the committee that the city already has the authority to impose liens on property for unpaid municipal charges. Mr. Shapiro will consult with the City Treasurer to ensure that liens are being placed, when appropriate. RESULT: WORK COMPLETED 193082 - That the Director of SPCD contact the appropriate state agency to request that train operators utilize the train’s horn only when necessary, especially in the areas of Cobble Hill, Tufts Street, 240 Pearl Street, and Montrose Street at School Street.: Mr. Glavin told the members that it appears that train operators are sounding the horns to comply with federal regulations requiring that horns be sounded when approaching a work area. Mr. Glavin will contact the transportation company to inquire how long this will continue and whether anything can be done to alleviate the situation.

Committee Meeting October 16, 2012 Legislative Matters Committee Page 2 of 2 Printed 10/23/2012 RESULT: KEPT IN COMMITTEE 193360 - Licensing Commission requesting the amendment of Ordinance 2-219(a) to require that Public Hearings be held not less than 10 days after the first publication of the required legal notice.: Mr. Grossfield explained that according to an amendment made in 2010, the ordinance stipulates that a public hearing may not be held until 3 weeks after the first notice is published in the newspapers, however, the Licensing Commission's practice has been to comply with state law, (which requires at least 1 notice and a public hearing not less than 10 days after that notice). The Commission usually conducts public hearings within 10-11 days of the first notice being published. The Commission is requesting that the ordinance be amended by deleting the words “three weeks” and inserting in place thereof the words “ten days”, to address procedural concerns and to bring it in line with the Commission’s timeline for newspaper ads and monthly meeting dates. Aldermen White and Connolly requested that members of the Licensing Commission attend a future meeting of the committee to discuss this matter, since it appears that while state law was being followed, the city’s ordinance was being violated. Mr. Grossfield mentioned that the Licensing Commission began discussion on a proposal made by Alderman Connolly regarding the posting of notices within establishments where a license transfer is being sought. The committee also discussed the regulations regarding notification of abutters, schools, churches and hospitals. Alderman White’s motion (suggested by Alderman Trane, who spoke as a private citizen) that the City Solicitor determine if additional notice requirements should be implemented for licenses and/or permits issued by the Licensing Commission, was approved. RESULT: KEPT IN COMMITTEE 193643 - That the City Solicitor review Ordinance 8-121 - Musicians and street performers and report to this Board its constitutionality and its accordance with the 1st Amendment right to free speech.: This item will be discussed at a future meeting. RESULT: KEPT IN COMMITTEE