Board of Alderman, 11/13/07 (Tuesday)

REGULAR MEETING OF THE BOARD OF ALDERMEN, TUESDAY, NOVEMBER 13, 2007, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA

PUBLIC HEARINGS
1. A0337-07
Petition to consider an amendment to their Flammable License for the Energy North, Inc., D/B/A Fresh Express Citgo at 38 Broadway.

2. A0328-07
To all parties interested in Boston Auto Sales, 26 Garvey Street, and The Car Store at 383 Second Street for the purpose of revocation of their 2nd Class Motor Dealer Licenses, as both businesses have closed.

COMMUNICATIONS FROM HIS HONOR THE MAYOR
3. A0338-07 Order/s/Alderman Joseph McGonagle, as President
To accept the promotion of Officer Paul F. Hamilton as a Police Sergeant for the City of Everett.

4. A0339-07 Order/s/Alderman Joseph W. McGonagle, as President
To appropriate the amount of $319,000.00 from the Budgetary Fund Balance to the School Department Salaries Account to supplement health insurance agreement.

5. A0340-07 Order/s/Alderman Joseph W. McGonagle, as President
To transfer the sum of $11,644.00 be transferred from the Budgetary Fund Balance Account to the School Athletics Misc. Expense Account to honor the agreement made between the City of Everett and the School Department on splitting the cost of the lease of the bleachers at the Everett Stadium.

PAPERS FROM THE COMMON COUNCIL
6. C0308-07 Order/s/Councilor Sal DiDomenico, as President
To accept the donation of $100 from the Vietnam Veterans Association & Iron Workers Local 7 to the Veterans Services Gift Account. (Passed sent up for concurrence)

7. C0256-07 Ordinance/s/Councilor Joseph F. Hickey
To amend the parking ticket violation fines by increasing the handicap parking violations to $150 and fire hydrant fines for fire hydrant violations to $300.00; with a recommendation for favorable action from the Rules & Ordinances Committee. (Enrolled sent up for enrollment)

8. C0176-07
Committee on Rules & Ordinances Report on Ordinance offered by Councilor Joseph Hickey and Alderman Chuck DiPerri-That any junk or second hand dealer in receipt of any military plaques or memorabilia who fails to notify law enforcement will be fined with permanent revocation of license according to the Ordinances of the City of Everett; with a recommendation to refer to the Board of Aldermen to incorporate language into the standard conditions on licenses issued to second hand and precious metal dealers that "any Junk Dealer knowingly accepting military paraphernalia be subject to loss of license".

9. C0281-07 Ordinance/s/Councilor Rosa DiFlorio
Committee on Rules and Ordinances Report on Ordinance offered by Councilor Rosa DiFlorio to amend the Solid Waste Management Ordinance,as follows: Section 16-21 by deleting paragraph (a) in its entirety, and inserting in place new "(a) An approved rubbish receptacle or container is an outdoor type container constructed of heavy plastics or metal with lockable covers and shall be fly-tight, rodent resistant non-flammable and waterproof rubbish containers and shall not exceed fifty pounds. Section 16-22 by inserting the word "approved" after the words "except in" in paragraph (a) and further amending (a) by deleting the words "or areas lawfully provided therefore."
Section 16-22 paragraph (e) by deleting word "adequate" in fifth line and insert word "approved", and by inserting "in Section 16-21 (a) to the last sentence in paragraph (e) and to delete the following words in the last sentence of paragraph (e) "by the Board of Public Works." Section 16-26 (d) by deleting "Containers shall be kept covered at all times" and insert "Only approved containers shall be used for the collection of rubbish as indicated in Section 16-21 (a)." Paragraph e (16-26) by deleting words in forth line "the Board of Public Works" and insert "Code Enforcement" in its place. Section 16-53 by adding paragraph (c) as follows: "(c) The occupant or occupants of every city dwelling shall use only approved containers as described in Section 16-21 (a). Section 16-55 paragraph (a) by deleting the words "suitable containers" and inserting "approved containers as described in Section 16-21 (a)" in its place; with a recommendation for favorable action on the proposed amendments to the Solid Waste Management Ordinance; Committee report accepted, amended by striking out "Board of Public Works" in Section 16-27 Part A, and inserting in place words "Code Enforcement", enrolled as amended, sent up for enrollment, as amended.

10. C0304-07 Resolution/s/Councilor Stephanie V. Smith
That the Board of Aldermen consider requesting MBTA move the bus stop at 146-148 Elm Street back to 178 Elm Street.

11. C0306-07 Resolution/s/Councilor Wayne A. Matewsky
That the Board of Aldermen consider taking immediate steps to roll back the hours to 6 p.m. due to the mechanical shop concerns on Cabot Street and in the middle of Cabot and Revere Street due to trucks, and to include no Sundays at all.

12. C0310-07 Order/s/Councilor Sal DiDomenico
To dedicate a square in honor of Navy Veteran and Everett Native Joseph J. Massaro Sr. at the intersection of Estes Street and Meadowview Road. (Passed sent up for concurrence)

COMMUNICATIONS
13. A0317-07
Unfavorable Traffic Commission Report on Ordinance offered by Alderman Jason Marcus - To rescind Ordinance for 30 feet no parking on Lawrence Street intersecting Fremont Ave, right hand side going down southerly direction; with recommendation to refer back to sponsor.

COMMITTEE REPORTS
14. A0109-07 Committee Report
Committee on Public Service Report on Resolution offered by Alderman Robert J. Van Campen - That the Owner of Bright-White Laundry located at 167 Bucknam Street appear regarding neighborhood complaints, as well as, hours of operation; with a recommendation to grant further time and to invite Police Captain Patrick McAdam, the Business Owner and his Attorney, in addition to abutters to attend the next meeting.

15. A0127-07 Committee Report
Rules & Ordinances Committee Report on Resolution offered by Alderman Jason Marcus relative to the disrepair or improper display of the American Flag; with a recommendation to refer to the Director of Veteran Services so that he can work with ECTV to provide an educational program to inform the citizens of Everett on the proper display of the United States Flag.

16. A0306-07 Committee Report
Committee on Rules & Ordinances Report on Ordinance offered by Alderman Joseph McGonagle to amend portions of the Resident Sticker and Visitor Placard Parking Ordinance; with a recommendation to refer back to sponsor.

17. A0280-07 Committee Report
Committee on Licenses Report on the Petition for security grates at Ultimate Pizza at 176 Chelsea Street.

18. A0321-07 Committee Report
License Committee report on Petition for Lodging House License from Robert H. Laquidara (Trustee) for 11-13 Ellsworth Street.

19. A0322-07 Committee Report
License Committee report on Petition for Lodging House License from 51 Cottage Realty Trust-Robert H. Laquidara-Trustee at 51 Cottage Street.

20. A0323-07 Committee Report
License Committee report on Petition from Elm Street Scrap Iron for Junk Dealer License at #88 and #91 East Elm Street.

21. A0336-07 Committee Report
License Committee Report on Communication from Paul Mattuchio Inc., 282 Second Street, with a request to transfer his existing Junk Dealer License from 282 Second Street to 366 Second Street, a distance of about 150 yards.

UNFINISHED BUSINESS
22. A0302-07 Resolution/s/Alderman Frank Nuzzo
DCR representative appear this meeting relative to explaining why they are dumping street sweeping on Revere Beach Parkway, Everett.

23. A0290-07
Petition from NextG Networks East to install, locate and attach conduit, fiber optic cables and telecommunications network equipment to and on existing utility poles and/or streetlights in, across, and over certain public streets, lanes, highways, and places of the City of Everett as described in exhibits and plans; with a favorable recommendation from the License Committee.

24. A0299-07 Resolution/s/Alderman Robert J. Van Campen
That the Department of City Services immediately inspect and repair/replace the lights at Swan Street Park, and trim all trees located in the Park which are blocking the lights in the interest of public safety. (Referred to Wire Inspector for response this meeting)

NEW BUSINESS
25. A0334-07 Order/s/Alderman Joseph McGonagle, as President
To amend Rule 4 of the Board of Aldermen by suspending the meeting scheduled for Monday, December 24th to Wednesday, December 26, 2007. The purpose of this rescheduling is due to Christmas Eve and City Hall will be closing at four o'clock.

26. A0335-07 Resolution/s/Alderman Jason Marcus
That the Red Sox consider making arrangements with the City of Everett to bring the World Series Trophy to the City of Everett.

ADJOURNMENT