Committee Report - Leg Matters - 12-4-12 — File 194070

December 4, 2012 Legislative Matters Committee Page 1 of 3 Printed 12/10/2012 REPORT OF THE LEGISLATIVE MATTERS COMMITTEE Attendee Name Title Status Arrived Rebekah Gewirtz Chair Present John M Connolly Vice Chair Absent Bruce M. Desmond Alderman At Large Absent William A. White Jr. Alderman At Large Present Thomas F. Taylor Ward Three Alderman Present Thomas Pasquarello Police Chief Present Paul Upton Deputy Police Chief Present Michael Glavin Exec. Director, OSPCD Present Dave Shapiro Asst. City Solicitor Present Jay Weaver Director of Veterans Services Present Eddie Nuzzo Supt., ISD Present Andrew Upton Chairman, Licensing Commission Present Omar Boukili Aide to Mayor Present 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.: RESULT: WORK COMPLETED 192707 - That the City Solicitor research existing domestic violence ordinances in other communities and prepare a report for this Board's Committee on Legislative Matters.: RESULT: WORK COMPLETED 192806 - That this Board requests that the Mayor and the Director of Personnel inform the Committee on Legislative Matters of the city’s intentions regarding the development of a domestic violence policy for city employees.:

Committee Meeting December 4, 2012 Legislative Matters Committee Page 2 of 3 Printed 12/10/2012 Mr. Boukili reported that the city brought in an expert on domestic violence matters to train employees in providing sensitivity training to city employees RESULT: KEPT IN COMMITTEE 192930 - Requesting the classification of the Mayor’s Advisor for Children and Youth as a Special Municipal Employee, and the approval of an exemption under Section 20(d) of G. L. c. 268A for Stephanie Hirsch.: This item had been left in committee pending the resolution of some funding issues. Since the FY-13 city budget has been approved, the committee recommends approval of this item. RESULT: APPROVED 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 reported that he was informed by state officials that under federal guidelines, they have the right to test new equipment - in this case, the train horns. Accordingly, the city has initiated a process whereby the state would notify the city in advance of testing train horns. RESULT: WORK COMPLETED 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. Shapiro and Mr. Upton addressed this issue and reviewed the city’s current ordinance, state regulations and the Somerville Licensing Commission’s practice. This proposal is an attempt to bring the city’s ordinance in line with the actual practice of the Licensing Commission. RESULT: APPROVED 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.: Mr. Shapiro told the members that the ordinance in question was written in 1963. The City of Seattle has said that a single speaker must have a permit in order to speak in a public place, however, the U. S. Supreme Court has not yet weighed in on the matter. The City of Cambridge has an ordinance on this subject but the City of Boston does not. If permits are to be granted, a standard form should be utilized. Mr. Shapiro would like to prepare a revision to the section, for approval by the Board of Aldermen.

Committee Meeting December 4, 2012 Legislative Matters Committee Page 3 of 3 Printed 12/10/2012 RESULT: KEPT IN COMMITTEE 193925 - Requesting acceptance of MGL c59 s5N re: veterans' earned tax abatements.: Mr. Weaver explained that this is similar to the abatement available to the city’s elderly property owners. Participants would be required to provide 150 hours of community service in exchange for an abatement of $750. Mr. Weaver recommends acceptance of the item but noted that he does not expect many veterans to take advantage of it. RESULT: APPROVED 193932 - That this Board finalize the pending ethics conflict of interest measure for non- profits, and that the City Solicitor appear before this Board to advise on this Board's power to force transparency.: RESULT: WORK COMPLETED 193968 - That the City Solicitor and the Director of Health update this Board on any requirements, conditions or issues pertaining to any person seeking to open a marijuana distribution site.: This item pertains to the medical use of marijuana law, scheduled to take effect on January 1, 2013. Mr. Shapiro explained that, due to a lack of regulations, the city is unsure how to proceed at this time. RESULT: KEPT IN COMMITTEE 193983 - That the Chief of Police report to the Committee on Legislative Matters the number of junk dealers and pawn brokers operating in the city.: Deputy Chief Upton reported that there are no pawn brokers and 15 Second Hand Junk Dealers operating in the city. For the most part, there are no problems with any of these businesses. The committee recommends that there is no need for an ordinance governing pawn brokers. RESULT: WORK COMPLETED