10-25-2012 — File 193958

City of Somerville, Massachusetts Matters of Business of the Board of Aldermen REGULAR MEETING MINUTES October 25, 2012, 7:00 PM Aldermanic Chambers ***************** Somerville Board of Aldermen Page 1 of 20 Printed 10/26/2012 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 Absent Maryann M. Heuston Ward Two Alderman Present Thomas F. Taylor Ward Three Alderman Present Tony Lafuente Ward Four Alderman Present Sean T. O’Donovan Ward Five Alderman Present Rebekah Gewirtz Ward Six Alderman Present Robert C. Trane Ward Seven Alderman Present 1. #193868 Roll Call Call of the Roll. RESULT: PLACED ON FILE 2. #193869 Minutes Approval of the Minutes of the Regular Meeting, September 27, 2012. RESULT: APPROVED CITATIONS 3. #193870 Citation By Ald. Roche, Connolly, Desmond, Sullivan, White Jr., and the Entire Board and the Mayor Commending Mary Caruso on the happy occasion of her 80th birthday. RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 2 of 20 Printed 10/26/2012 PUBLIC HEARINGS ORDERS, ORDINANCES, RESOLUTIONS AND MOTIONS OF MEMBERS 4. #193871 Order By Ald. Gewirtz That the Commissioner of Public Works resolve the drainage problems at the foot of Newberne Street, south of Morrison Avenue. RESULT: APPROVED FOLLOWUP: Public Utilities and Public Works Committee 5. #193872 Order By Ald. Gewirtz, O’Donovan That the Commissioner of Public Works consider placing a porta-potty at Albion Park. RESULT: APPROVED 6. #193873 Order By Ald. Gewirtz That the Commissioner of Public Works install additional street lighting on Dover Street. RESULT: APPROVED 7. #193874 Order By Ald. Heuston That the Chief of Police order a directed patrol to monitor traffic at Kent and Beacon Streets for failing to stop when the signal is red and for not slowing down when the signal is blinking yellow. RESULT: APPROVED 8. #193875 Order By Ald. Heuston That the Director of SPCD (ISD) advise the owner of 515 Somerville Avenue that the property perimeter should be regularly swept and kept clear of overgrowth and that an improved fence should be installed. RESULT: APPROVED 9. #193876 Communication By Ald. Taylor In his capacity as a member of the School Committee, conveying a report of the School Committee's activities.

October 25, 2012 Somerville Board of Aldermen Page 3 of 20 Printed 10/26/2012 RESULT: PLACED ON FILE No report was presented. UNFINISHED BUSINESS REPORTS OF COMMITTEES 10. CONFIRMATION OF APPOINTMENTS COMMITTEE A. #193877 Committee Report Report of the Committee on Confirmation of Appointments, meeting on October 24, 2012. RESULT: APPROVED B. #193359 Mayor's Request Requesting the appointment of Kenneth Edwards as Constable. RESULT: APPROVED C. #193634 Mayor's Request Requesting the appointment of Melissa McWhinney to the Affordable Housing Trust. RESULT: APPROVED D. #193702 Mayor's Request Requesting the reappointment of Michael Fager to the Conservation Commission. RESULT: APPROVED E. #193703 Mayor's Request Requesting the reappointment of Owen Wartella to the Conservation Commission. RESULT: APPROVED F. #193704 Mayor's Request Requesting the reappointment of David Turin to the Conservation Commission.

October 25, 2012 Somerville Board of Aldermen Page 4 of 20 Printed 10/26/2012 RESULT: APPROVED G. #193705 Mayor's Request Requesting the reappointment of Mathias Neuber to the Conservation Commission. RESULT: APPROVED H. #193706 Mayor's Request Requesting the reappointment of John Hultgren to the Conservation Commission. RESULT: APPROVED I. #193707 Mayor's Request Requesting the reappointment of John Reinhardt to the Conservation Commission. RESULT: APPROVED J. #193708 Mayor's Request Requesting the reappointment of Kenneth Carlson to the Bicycle Advisory Committee. RESULT: APPROVED K. #193709 Mayor's Request Requesting the reappointment of Alan Moore to the Bicycle Advisory Committee. RESULT: APPROVED L. #193710 Mayor's Request Requesting the reappointment of Enid Kumin to the Bicycle Advisory Committee. RESULT: APPROVED M. #193711 Mayor's Request Requesting the reappointment of Ron Newman to the Bicycle Advisory Committee. RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 5 of 20 Printed 10/26/2012 N. #193712 Mayor's Request Requesting the reappointment of Brian Postlewaite to the Bicycle Advisory Committee. RESULT: APPROVED O. #193713 Mayor's Request Requesting the reappointment of Charlie Denison to the Bicycle Advisory Committee. RESULT: APPROVED P. #193714 Mayor's Request Requesting the reappointment of Timothy Talun to the Bicycle Advisory Committee. RESULT: APPROVED Q. #193715 Mayor's Request Requesting the reappointment of Alex Epstein to the Bicycle Advisory Committee. RESULT: APPROVED R. #193716 Mayor's Request Requesting the reappointment of Dr. Brian Jeffrey Green to the Board of Health. RESULT: APPROVED S. #193717 Mayor's Request Requesting the reappointment of Babette Mello to the Board of Health. RESULT: APPROVED T. #193718 Mayor's Request Requesting the reappointment of Joey Buizon to the Commission for Persons with Disabilities. RESULT: APPROVED U. #193719 Mayor's Request Requesting the reappointment of Peter McPhee to the Commission on Energy Use and Climate Change.

October 25, 2012 Somerville Board of Aldermen Page 6 of 20 Printed 10/26/2012 RESULT: APPROVED V. #193720 Mayor's Request Requesting the reappointment of William Medeiros to the Condominium Review Board. RESULT: APPROVED W. #193721 Mayor's Request Requesting the reappointment of Elizabeth Medeiros to the Condominium Review Board. RESULT: APPROVED X. #193722 Mayor's Request Requesting the reappointment of Marlene Smithers to the Condominium Review Board. RESULT: APPROVED Y. #193723 Mayor's Request Requesting the reappointment of Suzanne Rinfret to the Council on Aging. RESULT: APPROVED Z. #193724 Mayor's Request Requesting the reappointment of Louis Favreau to the Council on Aging. RESULT: APPROVED AA. #193725 Mayor's Request Requesting the reappointment of Barbara Hutchinson to the Council on Aging. RESULT: APPROVED AB. #193726 Mayor's Request Requesting the reappointment of Cheryl Horan to the Council on Aging. RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 7 of 20 Printed 10/26/2012 AC. #193727 Mayor's Request Requesting the reappointment of Connie Ramsdell to the Council on Aging. RESULT: APPROVED AD. #193728 Mayor's Request Requesting the reappointment of Roseanne Bent to the Council on Aging. RESULT: APPROVED AE. #193729 Mayor's Request Requesting the reappointment of Anthony Alibrandi to the Election Commission. RESULT: APPROVED AF. #193730 Mayor's Request Requesting the reappointment of Kaley Klanica to the Ethics Commission. RESULT: APPROVED AG. #193731 Mayor's Request Requesting the reappointment of Brian McHugh to the Ethics Commission. RESULT: APPROVED AH. #193732 Mayor's Request Requesting the reappointment of John Heymann to the Ethics Commission. RESULT: APPROVED AI. #193733 Mayor's Request Requesting the reappointment of Dennis Fischman to the Fair Housing Commission. RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 8 of 20 Printed 10/26/2012 AJ. #193735 Mayor's Request Requesting the reappointment of John Robinson to the Human Rights Commission. RESULT: APPROVED AK. #193736 Mayor's Request Requesting the reappointment of June Pietrantoni to the Library Board of Trustees. RESULT: APPROVED AL. #193737 Mayor's Request Requesting the reappointment of Mark Howland to The Library Board of Trustees. RESULT: APPROVED AM. #193738 Mayor's Request Requesting the reappointment of Katherine Van Sleet to the Library Board of Trustees. RESULT: APPROVED AN. #193739 Mayor's Request Requesting the reappointment of Peter Tsourianis to the Multicultural Affairs Commission. RESULT: APPROVED AO. #193740 Mayor's Request Requesting the reappointment of John Carreiro to the Multicultural Affairs Commission. RESULT: APPROVED AP. #193741 Mayor's Request Requesting the reappointment of Netra Darai to the Multicultural Affairs Commission. RESULT: APPROVED AQ. #193742 Mayor's Request Requesting the reappointment of Jerry Carvalho to the Traffic Board.

October 25, 2012 Somerville Board of Aldermen Page 9 of 20 Printed 10/26/2012 RESULT: APPROVED AR. #193743 Mayor's Request Requesting the reappointment of Chien-Chi Huang to the Women's Commission. RESULT: APPROVED AS. #193744 Mayor's Request Requesting the reappointment of Kate Wallace to the Women's Commission. RESULT: APPROVED AT. #193745 Mayor's Request Requesting the reappointment of Nancy Bacci to the Women's Commission. RESULT: APPROVED AU. #193746 Mayor's Request Requesting the reappointment of Alicia Byrd to the Women's Commission. RESULT: APPROVED AV. #193747 Mayor's Request Requesting the reappointment of Michelle Albert to the Women's Commission. RESULT: APPROVED 11. LAND USE COMMITTEE A. #193878 Committee Report Report of the Committee on Land Use, meeting in Joint Session with the Planning Board, on October 18, 2012. RESULT: APPROVED B. #193602 Mayor's Communication Conveying a response to #190766 and #192594 re: SPCD staff study of regulations for RA and RB Zoning Districts.

October 25, 2012 Somerville Board of Aldermen Page 10 of 20 Printed 10/26/2012 RESULT: PLACED ON FILE 12. LEGISLATIVE MATTERS COMMITTEE A. #193879 Committee Report Report of the Committee on Legislative Matters, meeting on October 16, 2012. RESULT: APPROVED B. #193078 Order By Ald. White Jr. 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. RESULT: WORK COMPLETED C. #193880 Order By Ald. White Jr. That the City Solicitor determine if additional notice requirements should be implemented for licenses and/or permits issued by the Licensing Commission. RESULT: APPROVED 13. LEGISLATIVE MATTERS COMMITTEE A. #193881 Committee Report Report of the Committee on Legislative Matters, meeting as a Committee of the Whole, on October 16, 2012. RESULT: APPROVED Ald. O'Donovan recused. B. #193632 Mayor's Request Requesting the amendment of Ordinances 2-322 and 2-323 pursuant to the Municipal Compensation Advisory Board recommendations.

October 25, 2012 Somerville Board of Aldermen Page 11 of 20 Printed 10/26/2012 RESULT: ORDINANCE ORDAINED. [UNANIMOUS] AYES: Connolly, Desmond, Sullivan, White Jr., Heuston, Taylor, Lafuente, Gewirtz, Trane ABSENT: William M. Roche, Sean T. O’Donovan AMENDED: Ordinance 2-323 is Amended by Deleting the "Category: Elected City Officials" Table. The "Category: Elected City Officials" Table is referred to the Legislative Matters Committee for further consideration. C. #193882 Mayor's Request Requesting the amendment of Ordinance 2-323 pursuant to the Municipal Compensation Advisory Board recommendations, with respect to Elected City Officials only. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Legislative Matters Committee 14. LEGISLATIVE MATTERS COMMITTEE A. #193883 Committee Report Report of the Committee on Legislative Matters, meeting as a Committee of the Whole, on October 23, 2012. RESULT: APPROVED 15. LICENSES AND PERMITS COMMITTEE A. #193884 Committee Report Report of the Committee on Licenses and Permits, meeting on October 17, 2012. RESULT: APPROVED AS AMENDED AMENDED: #193853 is Approved for 20 automobiles outside only. B. #193625 License/Permit Amending Garage License, Goodyear Auto Service Center, 1 Bow St., seeking to open Sundays 9AM-4PM. RESULT: APPROVED AS AMENDED AMENDED: Sunday hours are Approved for Noon to 4 PM only.

October 25, 2012 Somerville Board of Aldermen Page 12 of 20 Printed 10/26/2012 C. #193852 License/Permit New Garage License, American Auto Gallery, 682 Mystic Ave., 2 vehicles inside, repairing, washing and storing vehicles, Mon-Thu 9AM-7PM, Fri- Sat 9AM-6PM. RESULT: APPROVED AS AMENDED AMENDED: Approved for 30 days only; hours of operation 10 AM-5PM Monday-Friday, Closed Saturday-Sunday. D. #193853 License/Permit New Used Car Dealer Class 2 License, American Auto Gallery, 682 Mystic Ave., 23 vehicles outside, Mon-Thu 9AM-7PM, Fri-Sat 9AM-6PM, Sun Noon-5PM. RESULT: APPROVED AS AMENDED AMENDED: Approved for 30 days only; for 20 vehicles outside only. 16. PUBLIC HEALTH AND PUBLIC SAFETY COMMITTEE A. #193885 Committee Report Report of the Committee on Public Health and Public Safety, meeting on October 22, 2012. RESULT: APPROVED B. #193886 Order By Ald. White Jr. That the Commissioner of Public Works appear before the Committee on Public Health and Safety to speak on baiting requirements for street openings. RESULT: APPROVED FOLLOWUP: Public Health and Public Safety Committee 17. PUBLIC UTILITIES AND PUBLIC WORKS COMMITTEE A. #193887 Committee Report Report of the Committee on Public Utilities and Public Works, meeting on October 24, 2012. RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 13 of 20 Printed 10/26/2012 18. FLOOD FORUM SPECIAL COMMITTEE A. #193888 Committee Report Report of the Flood Forum Special Committee, meeting on October 22, 2012. RESULT: APPROVED COMMUNICATIONS OF THE MAYOR 19. #193889 Mayor's Request Requesting authorization to borrow $530,949 in a bond, and appropriate the same amount, for the reconstruction of public streets. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 20. #193890 Mayor's Request Requesting an appropriation of $150,000 from the Capital Stabilization Fund for the reconstruction of private ways. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 21. #193891 Mayor's Request Requesting a transfer of $764,306 from the Salary Contingency Salaries Account to the attached Departmental Salary Accounts to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED AS AMENDED AMENDED: The transfer for Executive Office Salaries is reduced by $20,000, for a new total of $744,306. Ald. O'Donovan recused. 22. #193892 Mayor's Request Requesting the use of $70,438 in Available Funds in the Cable Telecommunications Revolving Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused.

October 25, 2012 Somerville Board of Aldermen Page 14 of 20 Printed 10/26/2012 23. #193893 Mayor's Request Requesting a transfer of $27,093 from the Capital Projects Salaries Account to the Arts Council Salaries Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 24. #193894 Mayor's Request Requesting the use of $26,760 in Available Funds in the Water Enterprise Salary Contingency Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 25. #193895 Mayor's Request Requesting a transfer of $12,705 from the DPW's Highway Salaries Account to its Administration Salaries Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 26. #193896 Mayor's Request Requesting a transfer of $11,972 from the SPCD Economic Development Salaries Account to the SPCD Planning and Zoning Salaries Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 27. #193897 Mayor's Request Requesting a transfer of $8,250 from the Salary Contingency Salaries Account to the Board of Aldermen Salaries Monthly Account to implement the recommendations of the Classification and Compensation Study. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee

October 25, 2012 Somerville Board of Aldermen Page 15 of 20 Printed 10/26/2012 28. #193898 Mayor's Request Requesting a transfer of $6,880 from the Capital Projects Salaries Account to the Constituent Services Salaries Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 29. #193899 Mayor's Request Requesting a transfer of $5,000 from the DPW School Custodians Salaries Account to the DPW Buildings and Grounds Salaries Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 30. #193900 Mayor's Request Requesting the use of $4,473 in Available Funds in the Sewer Enterprise Fund Salary Contingency Account to implement the recommendations of the Classification and Compensation Study. RESULT: APPROVED Ald. O'Donovan recused. 31. #193901 Mayor's Request Requesting authorization for the Department of Public Works to pay FY12 invoices totaling $2,475.27. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 32. #193902 Mayor's Request Requesting authorization for the Police Department to pay Fiscal Year 2012 invoices totaling $340.10. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 33. #193903 Mayor's Request Requesting approval to declare as Surplus 8 vehicles in the Police Department.

October 25, 2012 Somerville Board of Aldermen Page 16 of 20 Printed 10/26/2012 RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 34. #193904 Mayor's Request Requesting acceptance of a grant of $186,976 from the MA Office of Public Safety and Security for the Police Dept., for State 911 Department Support. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 35. #193905 Mayor's Request Requesting the appointment of Akil Williams to the Library Board of Trustees. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Confirmation of Appointments Committee 36. #193906 Mayor's Communication Conveying the 2011 Annual Report of the Somerville Bicycle Advisory Committee. RESULT: PLACED ON FILE COMMUNICATIONS OF CITY OFFICERS 37. #193907 Officer's Communication Licensing Commission responding to #193576 re: posting certain notices at the applicant's establishment. RESULT: PLACED ON FILE NEW BUSINESS 38. #193908 License/Permit Public Event Permit, Ghost Scorpion Productions Halloween Concert, Davis Sq. Statue Park, Oct 27, 6PM-9:45PM (raindate Oct 31). RESULT: APPROVED

October 25, 2012 Somerville Board of Aldermen Page 17 of 20 Printed 10/26/2012 39. #193909 License/Permit Public Event Permit, Assembly Row Black Friday Promotional Tent, Davis Sq. Statue Park, Nov 23, 7AM-Noon. RESULT: APPROVED 40. #193910 License/Permit New Drainlayer's License, Diaz Construction. RESULT: APPROVED 41. #193911 License/Permit Sign/Awning Permit, Rockland Trust Company, 94 Highland Ave., 3 signs. RESULT: APPROVED 42. #193912 Public Communication Michele Biscoe submitting comments re: #193830, skateboard shows or competitions at Kelley Park. RESULT: PLACED ON FILE SUPPLEMENTAL ITEMS 43. #193913 Resolution By Ald. Taylor, and the Entire Board and the Mayor That this Board and Mayor affirms the dignity and basic human rights of all persons, and declares that it refrains from using the word "illegals" and its derivatives when referring to people. RESULT: APPROVED 44. #193914 Order By Ald. Taylor That the Commissioner of Public Works repair the sidewalk at 8 Giles Park. RESULT: APPROVED 45. #193915 Order By Ald. Taylor That the Director of Traffic and Parking and the Traffic Engineer consider placing a crosswalk on Somerville Avenue at its intersection with Spring Street.

October 25, 2012 Somerville Board of Aldermen Page 18 of 20 Printed 10/26/2012 RESULT: APPROVED 46. #193916 Order By Ald. Taylor That the Director of Traffic and Parking replace the RESIDENT PARKING signs on Spring Hill Terrace. RESULT: APPROVED 47. #193917 Order By Ald. Taylor That the Chief of Police communicate to this Board the policy on hot pursuit on city streets involving criminal activity. RESULT: APPROVED 48. #193918 Mayor's Request Requesting that $5,800,000 of the $6,500,000 authorized to be borrowed in a bond to pay the costs of renovations to the Powder House Community School, on June 24, 2004, be rescinded. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 49. #193919 Mayor's Request Requesting an appropriation of $222,779 from the Capital Stabilization Fund to fund the Second Phase of the Davis Square Streetscape and Transportation Design Contract. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Finance Committee 50. #193920 Officer's Communication Assistant City Solicitor responding to #192528, and submitting a revised Mobile Food Vendor Ordinance. RESULT: ORDINANCE ORDAINED. [UNANIMOUS] AYES: Connolly, Desmond, Sullivan, White Jr., Heuston, Taylor, Lafuente, Gewirtz ABSENT: William M. Roche, Sean T. O’Donovan, Robert C. Trane

October 25, 2012 Somerville Board of Aldermen Page 19 of 20 Printed 10/26/2012 51. #193921 Officer's Communication Director of Traffic and Parking responding to #193832 re: Morrison Avenue crosswalks and bike sharrows. RESULT: PLACED ON FILE 52. #193922 License/Permit Public Event Permit, Recreation Dept. Haunted House, Walnut St. From Giles Park to Hillside Park, Oct 27, 2-10PM. RESULT: APPROVED 53. #193923 License/Permit Public Event Permit, Jingle Bell Run Road Race, Davis Square and area streets, Dec 16, 5AM-2PM. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee 54. #193924 License/Permit Public Event Permit, Race of Ireland Road Race, Davis Square and area streets, Mar 10, 2013, 5AM-2PM. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Licenses and Permits Committee LATE ITEMS 55. #193925 Mayor's Request Requesting acceptance of MGL c59 s5N re: veterans' earned tax abatements. RESULT: REFERRED FOR RECOMMENDATION FOLLOWUP: Legislative Matters Committee 56. #193926 Public Communication State Rep. Toomey submitting comments re: Agenda #43, a Resolution affirming the dignity and human rights of all persons and opposing the use of the word "illegal." RESULT: PLACED ON FILE

October 25, 2012 Somerville Board of Aldermen Page 20 of 20 Printed 10/26/2012 57. #193510 License/Permit New Outdoor Seating License, Fortissimo Coffeehouse and Bakery, 365 Somerville Ave., 2 tables, 8 chairs. RESULT: APPROVED Discharged from the Committee on Licenses and Permits. 58. #193699 License/Permit Sign/Awning Permit, Taj Mahal Desi Bazaar, 274 Broadway, one sign. RESULT: APPROVED Discharged from the Committee on Licenses and Permits. ADJOURNMENT Adjournment