Cambridge City Council meeting - January 9, 2012 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to a request to commence a landmark study on the St. Francis Church property.

Jan 9, 2012

To the Honorable, the City Council:

The Historical Commission met on Dec 1, 2011 and voted unanimously to hold a public hearing at their meeting on Thursday, Jan 5, 2012 at 6:30 pm, to consider initiating a landmark designation study.

If the Commission votes to initiate the study on Jan 5, the building will be protected as a landmark for up to a year while the staff prepares a recommendation for further action. The Commission will consider the staff recommendation at a subsequent hearing and forward its recommendation to the City Council, which has the authority to make the designation permanent.

I will inform the City Council at the meeting of Jan 9th, whether or not the Historical Commission decided to initiate a landmark designation study of this property.

Very truly yours, Robert W. Healy, City Manager

UNFINISHED BUSINESS
1. That the matter of the election of the Mayor and Vice Mayor be referred to Unfinished Business.
Ballot #2: Cheung 3, Decker 3, Davis 1, Kelley 1, Toomey 1 - no election

APPLICATIONS AND PETITIONS
1. A constable bond was received from Frederick W. McDonald for approval of the surety.

2. An application was received from John McQuillan, requesting permission for a curb cut at the premises numbered 37 Lancaster Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission (Avon Hill NCDC approved ribbon driveway and handicap ramp) and Public Works. Three abutter approvals and three abutter disapprovals received. Neighborhood representative approved personally, not for the organization. Additional design documents on file with the petition.
Charter Right - Kelley

3. An application was received from Trish Moriarty, requesting permission for a curb cut at the premises numbered 23 Bellis Circle; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation (sign pole removed before cutting curb), Historical Commission and Public Works. Two abutters approved, one disapproved and one no opinion. Neighborhood Association neither approves or disapproves the petition.

LATE COMMUNICATIONS
1. A communication was received from Cornelius Moynihan, transmitting a communication from Howard D. Medwed enclosing a copy of the appeal filed to the Avon Hill Neighborhood District Commission's decision (Case #AH-407) relating to the property at 37 Lancaster Street.

2. A communication was received from Gerald Bergman, 82 Elm Street, relating to Policy Order #6 and transparency in the conduct of the business of the City Council.

I would like to see more transparency in the conduct of business before the Council, and I welcome agenda item #6 that seeks that goal.

We should have transparency in regard to contracts for the City Manager, settlements that incur the expenditure of our limited tax dollars, subtle agreements with the City Manager that result in Council programs and perks, and ongoing dealings with developers, real estate interests etc.

When I see several Councillors receiving over $40,000, $50,000 and $60,000 for their campaigns, I believe that we need more transparency in regard to campaign contributions that come from developers, large real estate corporations, universities, biotech companies and pharmaceutical companies; those with business before the Council, especially when those contributions amount to several thousands dollars when they come from owners, employees and family members of the entities seeking something before the Council.

Unfortunately, these types of transparency that are so vital to our democratic goals are hard to establish and maintain.

Tonight I am suggesting, once again, that we eliminate a limit on transparency that has existed for years at the Council level. I am suggesting a change that would be relatively easy to bring about Currently the record of Council meetings, which are available on-line and which are commonly available at the Clerk's office, do not indicate how Councillors vote on a particular matter before the Council. While there is a record of which Councillors bring resolutions before the Council, the names of Councillors voting for or against an order, agenda item, resolution etc. is oddly not included in the on-line or commonly printed record of the meeting.

I have spoken about this in several past years, and the Council has been unwilling to change this practice of non-disclosure of individual names being associated with their vote.

There have been many recent votes, such as those regarding special interest zoning benefiting Chestnut Hill Realty, disclosure of settlements entered into by the City, etc. that should be clearly on the record.

Once we can more easily track the votes of councillors, then perhaps we can move on to more easily understand and track the impact of the money that is given to Councillors by special interests that win the votes that benefit them. Meaningful transparency will become more of a reality.

I want to thank Minka and Leland for speaking with me about this issue of transparency in the recording of votes by the Council, and for their apparent support of this change. I hope to see action on this issue in the near future. Voting transparency has been too long in coming.

Gerald Bergmann

3. A communication was received from Heather Hoffman, 213 Hurley Street, relating to the election of the Mayor.

I would like to speak tonight about one of the most important things you do as city councillors: elect a mayor from among you. Since attending your inauguration a week ago, I've been thinking about what qualities I'd like to see in a mayor. I haven't been paying attention to goings-on here as long as many of you and certainly not as long as I should have as a resident of Our Fair City, but I think I've seen enough to have some ideas on this subject.

1. The mayor should be a good chair for the School Committee. I doubt that most voters think too much about this when they go to the polls every odd-numbered year, but the mayor's role on the School Comnlittee is very important, perhaps even more important than the mayor's role on the City Council. Just consider the greater weight each School Committee member's vote has, one out of seven rather than one out of nine, and the effect that body has on the daily lives of our children. I have heard people suggesting that the mayor should not automatically chair the School Committee but should instead be just another member. That's something else you might think about implementing, but you definitely need to consider the mayor's role in the huge amount of work needed to bring about all of the changes currently brewing in our schools.

2. The mayor should treat everyone with respect, not just people he or she agrees with or who are easy to get along with, but everyone. That respect should be on display whenever the mayor is acting as mayor, whether at a formal meeting or out in the community. Saying insulting things about or otherwise denigrating any Cantabrigian is beneath the dignity of the office. It's only two years, but you should endeavor to be on your best behavior for all of that time.

3. The mayor should actively encourage people to become involved in civic life. People are messy. We don't always behave or think the way you want, and we can be real pains in the neck, but we all have sonlething to contribute to making this the great city that we want it to continue to be. You never know when the person you have a hard time with will be the one who makes all the difference in making something good happen.

4. The mayor should be transparent and work for maxinlum transparency in all city business. Transparency is a buzzword, I know, but I couldn't think of another way to express this. Keeping secrets just makes people think you have something shameful to hide. We have all done things we wouldn't like other people to know about, but that is no reason to hide information from the public you were elected to represent. We're footing the bills, and we have a right to know what you are doing with our money and in our names.

5. The mayor should be straightforward. Honesty really is the best policy. If people know that they can trust you, they will work hard for you. On the other hand, if your argument can't hold up in the light of day, then maybe it's not a good argument.

Obviously, none of us can live up to these standards all of the time. We're human, and humans are not saints. However, I hope that all of you will consider which among you will have the easiest time acting in a way that brings real credit on the city and on the office of mayor, and that your vote will reflect that honest judgment.

Heather Hoffman

RESOLUTIONS
1. Resolution on the death of Helen (Williams) Grimes.   Councillor Maher

2. Resolution on the death of Pauline Terry (Britto) O'Donnell.   Councillor Maher

3. Resolution on the death of Phyo Kyaw.   Councillor Maher

4. Welcome Inspiration Biopharmaceuticals, Inc. to the City of Cambridge.   Councillor Toomey, Councillor Cheung

5. Congratulations to the Gifts of Hope Campaign on their successful holiday fundraising effort.   Councillor Cheung

6. Welcome uberVU on their relocation from London to Cambridge.   Councillor Cheung

7. Happy 90th Birthday wishes to Cecilia Griffin.   Councillor Simmons

8. Happy 90th Birthday wishes to Agnes Darlington.   Councillor Simmons

9. Congratulations to Veronica vanBeuzekom and Adam Mohammed on their recent marriage.   Councillor Davis

10. Thanks to the Cambridge Citywide Senior Center for hosting the Martin Luther King Jr. birthday celebration.   Councillor Reeves

11. Thanks to the Area IV Youth Center for their Martin Luther King Jr. concert and program on Jan 15, 2012.   Councillor Reeves

12. Thanks to the Cambridge Peace Commission on its Annual MLK Day Commemoration and Remembrance on Jan 18, 2012.   Councillor Reeves

13. Thanks to the Cambridge Public Library Central Square Branch on their Martin Luther King Jr. commemoration theatrical performance on Jan 17, 2012.   Councillor Reeves

14. Best wishes to the Multicultural Arts Center for its Joyful Noise Gospel Concert honoring the life and legacy of Martin Luther King, Jr. on Jan 16, 2012 at the Sanders Theatre.   Councillor Reeves

15. Resolution on the death of Antonio P. Soares.   Councillor Toomey

16. Resolution on the death of Mariano de Medeiros Goncalves.   Councillor Toomey

17. Resolution on the death of Marie V. (Westcott) Walsh.   Councillor Toomey

18. Resolution on the death of Renee Theresa Murray.   Councillor Toomey

19. Resolution on the death of James A. Lynch Jr.   Councillor Toomey

20. Congratulations to Ramelfo "Fito" Frometa on his new position as an Area IV Coalition Street Worker.   Councillor Simmons

21. Retirement of Robert M. Stevens as Director of Veterans Services for the City of Cambridge.   Councillor Kelley

22. Thanks to the Black Pastors of Cambridge for their celebration of Martin Luther King Day.   Councillor Reeves

23. Resolution on the death of Patricia (Francis) Sweeney.   Councillor Maher

24. Resolution on the death of Charles A. Small.   Councillor Reeves

25. Retirement of Don Drisdell from the City Solicitor's Office.   Councillor Maher

26. Resolution on the death of David Findley Wheeler.   Councillor Davis

ORDERS
1. That the City Manager is requested to direct the Police Department to step up enforcement of the pedestrian regulations, particularly Cambridge Street near CRLS and the hospitals.   Councillor Davis

2. That the City Manager is requested to present a plan to offer recycling receptacles in the public realm such as in parks and city squares.   Councillor Davis and Councillor vanBeuzekom

3. That the City Manager is requested to confer with his staff to ensure the public can hear during deliberations and testimony during public meetings, with particular attention to the Lombardi building, Senior Center and City Hall Annex.   Councillor vanBeuzekom and Councillor Cheung

4. That the City Manager is requested to confer with the appropriate departments on adopting the policy of posting notices along a route prior to road closure that would give Cambridge business owners ample time to prepare accordingly and ensure that business continues smoothly.   Councillor Cheung

5. That the City Manager is requested to work with the appropriate departments and report back to the City Council with an opinion on whether the widespread use of rodent resistant trash bags would improve the City's pest management efforts.   Councillor Cheung

6. That the City Clerk, who is the Parliamentarian of the City Council, is requested to organize a review of Robert Rules of Order beginning with the current Council and every new Council hereafter, with a view towards ensuring transparent, orderly and productive deliberations of the City Council.   Councillor Simmons, Councillor Cheung and Councillor vanBeuzekom

7. That the City Manager is requested to prepare a home rule petition to delegate the approval of curb cuts and report back to the Council with the necessary legislative language.   Councillor Cheung

8. That the City Manager is requested to direct the Department of Traffic, Parking and Transportation to identify a solution to the problem of parking meters not accepting the new quarter dollars to ensure that motorists are not unfairly ticketed.   Councillor Simmons

9. That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of January 9, 2012 Claims Committee in the total sum of $2,037.96.   Councillor Toomey

10. That the City Manager is requested to organize a briefing or roundtable to inform the City Council about issues and impacts of MBTA service cuts and fare increases as they affect Cambridge.   Councillor Davis, Councillor Simmons and Councillor vanBeuzekom

11. That the City Manager is requested to take the necessary steps to list all the Martin Luther King celebrations on the front page of the City of Cambridge website.   Councillor Decker

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on Dec 20, 2011 to consider claims filed against the City.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Seidel, Chair of the Ordinance Committee, for a hearing held on Dec 28, 2011 to consider an amendment to the Zoning Ordinance on the petition filed by Julia Bishop, et al. and re-filed by the City Council to amend Section 17.20 of the Zoning Ordinance - Regulations for Special District 2 located in North Cambridge along Linear Park.
Referred to Unfinished Business

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a letter from former Mayor and City Councillor David P. Maher, regarding executive session minutes of City Council discussions of the Monteiro case.

CITY OF CAMBRIDGE
OFFICE OF THE MAYOR

David P. Maher
Mayor

December 29, 2011

Ms. Margaret Drury
City Clerk
City of Cambridge
795 Massachusetts Avenue
Cambridge, MA 02139

Dear Ms. Drury:

I am writing to advise you that I have determined that the City Council's executive session minutes concerning the Monteiro case no longer warrant continued non-disclosure pursuant to the Massachusetts Open Meeting Law. As Chair of the City Council, it is my opinion that although final judgment has yet to be entered, disclosure at this time no longer jeopardizes the City's litigating position in the case.

Pursuant to the Open Meeting Law (at G.L.c.30A, §22(g)(1)), I request that you please include this announcement in the minutes of the next regular City Council meeting. The minutes at issue should be forwarded to the Law Department for review prior to any public release for review based on the Public Records Law exemptions and the attorney-client privilege.

Very truly,
David Maher

HEARING SCHEDULE
Mon, Jan 9

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 23

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 30

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 6

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 13

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 27

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 5

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 12

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 19

5:30pm   City Council Meeting.  (Sullivan Chamber)

City Manager will submit recommendation for water/sewer rates.  (Sullivan Chamber)

Mon, Mar 26

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 2

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 9

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 23

5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 30

5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS

O-1     Jan 9, 2012

COUNCILLOR DAVIS

ORDERED: That the City Manager be and hereby is requested to direct the Police Department to step up enforcement of the pedestrian regulations, particularly Cambridge Street near CRLS and the hospitals.

O-2     Jan 9, 2012

COUNCILLOR DAVIS

COUNCILLOR VANBEUZEKOM

WHEREAS: Many solar belly trash compactors and other public waste receptacles have a large quantity of recyclable materials such as bottles and cans deposited in them; and

WHEREAS: Other communities such as Somerville have dual containers handling recyclables and trash separately; now therefore be it

ORDERED: That the City Manager be and hereby is requested to present a plan to offer recycling receptacles in the public realm such as in parks and city squares.

O-3     Jan 9, 2012

COUNCILLOR VANBEUZEKOM

COUNCILLOR CHEUNG

WHEREAS: City Council goals include promoting neighborhood vitality; and

WHEREAS: The character of neighborhoods can change with granting of variances and business, alcohol licenses and building permits; and

WHEREAS: The City Council desires to promote the clear exchange of information between the public and Cambridge Commissions and Boards granting licenses and permits; and

WHEREAS: Public meetings are held in various public locations within the city; and

WHEREAS: The basement room of the Lombardi building has poor acoustics; and

WHEREAS: Amplification equipment is available but not always used in the Senior Center or the City Hall Annex; now therefore be it

ORDERED: That the City Manager be and hereby is requested to confer with his staff to ensure the public can hear during deliberations and testimony during public meetings, with particular attention to the Lombardi building, Senior Center and City Hall Annex.

O-4     Jan 9, 2012

COUNCILLOR CHEUNG

WHEREAS: It has come to the attention of the Cambridge City Council that business owners would like to receive notice of road closures in order to mitigate and prepare for the impacts; and

WHEREAS: It has also come to the attention of the City Council that some cities have a policy of posting notices along a route a week prior to a road closure; and

WHEREAS: Adopting a similar practice in Cambridge will give business owners ample time to prepare accordingly for a road closure and ensure that business continues smoothly; now therefore be it

ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments on adopting a similar practice.

O-5     Jan 9, 2012

COUNCILLOR CHEUNG

WHEREAS: Rodents remain rampant in Cambridge and pose a serious health risk for residents; and

WHEREAS: It has been suggested that rodent-resistant trash bags might be an effective measure to deter rodents from garbage receptacles and thus improve sanitation; and

WHEREAS: Supposedly, trash bags infused with particular natural scents deter rodents from searching for food within them; and

WHEREAS: Revere has enacted an ordinance that mandates the use of rodent resistant trash bags as a cost-effective alternative to storing trash in containers and has reportedly found success in keeping rodents away from trash; now therefore be it

ORDERED: That the City Manager be and hereby is requested to work with the appropriate departments and report back to the City Council with an opinion on whether the widespread use of these supposedly rodent resistant trash bags would improve the City's pest management efforts.

O-6     Jan 9, 2012

COUNCILLOR SIMMONS

COUNCILLOR CHEUNG

COUNCILLOR VANBEUZEKOM

WHEREAS: The City Council's deliberations are governed by parliamentary procedures embodied in Robert Rules of Order; and

WHEREAS: The purpose of Robert Rules of Order is to promote fair and effective discussion and action in a large deliberative body; and

WHEREAS: Robert's Rules of Order seek to advance rather than hinder the work of deliberative bodies such as the City Council; and

WHEREAS: Robert Rules are democratic in origin and intent. The rules aim to protect the rights of the minority to be heard, maintain the rights of the majority to decide, and provide a structure for fair and orderly consideration of contested issues; and

WHEREAS: Roberts Rules of Order was established to make meetings fair, equitable, and focused on the issues at hand so that the work of an organization could be accomplished in a timely manner with minimum discord and maximum productivity; and

WHEREAS: Knowledge of and adherence to Roberts Rules of Order allow for predictability and transparency in City Council meetings; now therefore be it

ORDERED: That the City Clerk, who is the Parliamentarian of the City Council, be and hereby is requested to organize a review of Robert Rules of Order beginning with the current Council and every new Council hereafter, with a view towards ensuring transparent, orderly and productive deliberations of the City Council.

O-7     Jan 9, 2012

COUNCILLOR CHEUNG

WHEREAS: In 1996 and 2002 the City Solicitor and City Manager reported back to the City Council with the attached opinions on delegating the approval of "Altering the Layout of the Public Way" commonly referred to as curb cuts; now therefore be it

ORDERED: That the City Manager be and hereby is requested to prepare a home rule petition to delegate the approval of curb cuts and report back to the Council with the necessary legislative language.

[Reference]

O-8     Jan 9, 2012

COUNCILLOR SIMMONS

WHEREAS: It has come to the attention of the City Council that some parking meters in Cambridge do not accept newer versions of the quarter dollar; and

WHEREAS: This makes parking, which is already quite limited in Cambridge, more difficult to secure and may result in motorists being unfairly issued parking tickets; now therefore be it

ORDERED: That the City Manager be and hereby is requested to direct the Department of Traffic, Parking and Transportation to identify a solution to this problem to ensure that motorists are not unfairly ticketed.

O-9     Jan 9, 2012

COUNCILLOR TOOMEY

ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of January 9, 2012 Claims Committee in the total sum of $2,037.96.

O-10     Jan 9, 2012

COUNCILLOR DAVIS

COUNCILLOR SIMMONS

COUNCILLOR VANBEUZEKOM

ORDERED: That the City Manager be and hereby is requested to organize a briefing or roundtable to inform the City Council about issues and impacts of MBTA service cuts and fare increases as they affect Cambridge; and be it further

ORDERED: That the meeting be scheduled prior to February 8, 2012.

O-11     Jan 9, 2012

COUNCILLOR DECKER

ORDERED: That the City Manager be and hereby is requested to take the necessary steps to list all the Martin Luther King celebrations on the front page of the City of Cambridge website.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Claims Committee held a public meeting on Tuesday, Dec 20, 2011 at 5:00pm in the Ackermann Room. The purpose of the meeting was to consider claims filed against the City.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Mayor Maher; Elizabeth Lashway, Assistant City Solicitor; and Deputy City Clerk Donna P. Lopez.

Councillor Toomey opened the meeting and explained the purpose. Thereupon the committee moved to the consideration of the following claims: