Cambridge City Council meeting - January 10, 2011

Cambridge City Council meeting - January 10, 2011 - AGENDA
[Councillor Decker was ABSENT]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Constables for a term of three years, effective the first day of January, 2011:
Phillip A. Sciandra (With Power)
Anthony R. Clarke, Jr. (Without Power)
Christopher Ames (Without Power)

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-134, regarding a report on reducing energy consumption by ways of deleting and/or limiting email storage.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item 10-153, regarding a report on the feasibility of banning smoking in public parks and other public places.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds to the Center for Families from the Camb. Public Health Dept. in the amount of $4,000 to the Grant Fund Human Service Programs Salary & Wages account ($3,360) and to the Human Service Programs Other Ordinary Maintenance account ($640) which will provide support to two literacy specific community playgroups and support for the June 2011 Family Fun Day.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds to the Baby University program from the Cambridge Community Foundation in the amount of $3,000 to the Grant Fund Human Service Programs Salary & Wages account ($2,283) and to the Human Service Programs Other Ordinary Maintenance account ($717) which will be used to support salary costs of the Baby University Coordinator, Saturday Facilitator, two Care Workers, and program supplies.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the ARRA State Fiscal Stabilization Fund Grant from the U.S. Department of Education in the amount of $46,152 to the School Grant Fund Other Ordinary Maintenance account which will be used for the purchase of instructional materials and computer software.

7. Transmitting communication from Robert W. Healy, City Manager, relative to a request from Brighton Allston Properties, LLC ("BAP") for one (1) permanent aerial license for one (1) steel framed structure with a rubber membrane roof and composite metal panel soffit material to be installed, repaired, replaced and maintained over portions of the public sidewalk. The canopy structure will overhang portions of the City-owned sidewalk along Massachusetts Avenue and Trowbridge Street located along BAP's property located at 1063-1077 Massachusetts Avenue (the "Property").
Tabled - Davis

ON THE TABLE
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 15 of Dec 21, 2009, regarding increasing the amount of public information about elections while the election is in progress, to the 2010-2011 City Council. [Communications and Reports from City Officers #1 of Jan 11, 2010 Placed on Table.]

2. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress. [Order Number Fourteen of Apr 26, 2010 Placed on Table. Councillor Kelley made motions to take from table on May 10, 2010 failed 2-7-0, Sept 13, 2010 failed 4-4-1, Sept 27, 2010 failed 3-5-1, Dec 13, 2010 failed 3-6-0. Remains on Table.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]

4. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten Of June 7, 2010 Placed on Table.]

APPLICATIONS AND PETITIONS
1. Constable bond received from Daniel F. Long for approval of the surety.

LATE COMMUNICATIONS
1. A communication was received from Gerald Bergman, 82 Elm Street, regarding police policies, training and community policing for the new police officers.

2. A communication was received from Nicolai Cauchy, 387 Huron Avenue, relating to flat roofs on triple decker homes and rain water/sewerage separation.

3. A communication was received from Keren Schlomy, 3 Irving Terrace, regarding " save energy" reducing storage of public documents.

RESOLUTIONS
1. Congratulations to Kathryn Ragsdale and Margaret Lloyd on their wedding. Councillor Simmons

2. Resolution on the death of Sister Joan Desmond. Councillor Toomey

3. Resolution on the death of Maria Jesus (Pereira) Braz. Councillor Toomey

4. Resolution on the death of Joseph Pavidis. Councillor Toomey

5. Resolution on the death of Marion L. (Wilbur) Stewart. Councillor Toomey

6. Resolution on the death of George H. Powers. Mayor Maher, Councillor Toomey

7. Resolution on the death of Barbara L. (Kennedy) Cooney. Mayor Maher, Councillor Toomey

8. Resolution on the death of Eunice "Pat" Quinn. Mayor Maher

9. Resolution on the death of Denis M. Lynch. Mayor Maher

10. Happy 91st Birthday wishes to Stacy Lee Camp. Councillor Simmons

11. Resolution on the death of Margaret M. (Della Paolera) Thomas. Mayor Maher

12. Resolution on the death of Jack (John) L. Lee. Mayor Maher, Councillor Toomey

13. Resolution on the death of Dorothy V. (Walsh) Harney. Mayor Maher

14. Resolution on the death of Marie A. (Silva) Shinkwin. Councillor Toomey, Mayor Maher

15. Retirement of Leslie DiCarlo from the Cambridge Hospital. Mayor Maher

16. Retirement of Jeffrey Carnevale from the Cambridge Hospital. Mayor Maher

17. Retirement of Mary Ann Savilonis from the School Department. Mayor Maher

18. Retirement of John O'Leary from the Cambridge Fire Department. Mayor Maher

19. Congratulations to the students who have successfully completed the 2011 TTT Mentor Program. Councillor Simmons

20. Thanks to the mentors who voluntarily took part in the 2011 TTT Mentor Program. Councillor Simmons

21. Congratulations to Gabriel Blanchet as he kicks off his journey to hike the Appalachian Trail. Councillor Cheung

22. Congratulations to Josue Ortiz on being named to the 2010 Associated Press All-America Football Team. Councillor Cheung

23. Congratulations to Kyung Ah Swang and Sean Kim on the birth of their first child, Ryan Kim. Councillor Cheung

24. Thanks to the staff at the Salvation Army for their dedication to their Gifts of Hope Program. Councillor Cheung

25. Congratulations to Helen Shenton on being announced as Harvard Library's first Executive Director. Councillor Cheung

26. Congratulations to Officer Brendan O'Hearn on his new position with the Cambridge Police Department. Councillor Cheung, Mayor Maher

27. Congratulations to Officer James "Matt" Brown on his new position with the Cambridge Police Department. Councillor Cheung, Mayor Maher

28. Retirement of Bipinchandra "Ben" Parekh from the Water Department. Mayor Maher

29. Retirement of David Clancy from the Water Department. Mayor Maher

30. Congratulations to City Councillor Marjorie Decker and her husband Bahij Bandar on the birth of their daughter, Laurice Catherine Bandar. Mayor Maher, Vice Mayor Davis

31. Congratulations to Kyle Morris and welcome his organization Jumping Across Barriers to the City of Cambridge. Mayor Maher

32. Congratulations to the Cambridge branch of the NAACP on the occasion of their 26th Annual Memorial Dr. Martin Luther King, Jr. Breakfast on Jan 29, 2011. Mayor Maher, Councillor Reeves

33. Congratulations to Jay Schnabel on being named the head coach of the Curry College baseball team. Mayor Maher, Councillor Cheung

34. Congratulations to Nella Young on being named New England Services Coordinator for the New England Foundation for the Arts. Mayor Maher

35. Happy 80th Birthday wishes to Jennie Carvello. Mayor Maher

36. Resolution on the death of Robert A. Owens. Councillor Toomey

37. Resolution on the death of The Honorable Michael Callahan. Councillor Toomey

38. Urge residents to be cognizant of the closing of the Craigie Dam during construction. Councillor Toomey

39. Commend the City Manager, the Department of Public Works and other City staff for the improvements made at the intersection of Third and Broadway and Main Streets. Councillor Toomey

40. Commend Dan Binderman for the work he has done in Central Square. Councillor Reeves

41. Congratulations to Fernande Duffly on her nomination to the Supreme Judicial Court. Councillor Toomey, Mayor Maher, Councillor Seidel

42. Thanks to the organizers of the Martin Luther King, Jr. Day of Service that will take place on Jan 17, 2011 at the YWCA. Mayor Maher

43. Appreciation of the late Henry Lewis upon the occasion of being honored at the 2011 NAACP Reverend Dr. Martin Luther King, Jr. Breakfast. Councillor Reeves

44. Resolution on the death of Barbara Breda. Councillor Toomey

45. Resolution on the death of Arthur Fenimore French Snyder. Councillor Toomey

46. City Council support to the Haitian Artist Assembly of Massachusetts and the Cambridge Peace Commission on their art exhibit that will feature artists in Haiti around the subject of the earthquake. Councillor Reeves

47. Resolution on the death of Anthony L. Ciampi. Councillor Toomey

48. Congratulations to the Charles Hotel on being named one of the 500 best hotels in the world by Travel and Leisure Magazine. Mayor Maher

49. Thanks and best wishes to Sarah Link on her new position with the United Way of Massachusetts Bay and Merrimack Valley. Councillor Decker

50. Resolution on the death of Eurie Stamps. Councillor Simmons

51. Retirement of Mary-Bliss Matteson from the Cambridge Public Library. Mayor Maher

52. Congratulations to the Cambridge Public Library for receiving the Harleston Parker Medal for the "Single Most Beautiful Building" built in the Boston Metropolitan Area in the Past Ten Years. Mayor Maher

53. Resolution on the death of Gertrude Elisabeth "Oma" (Hackethal) Dettmann. Councillor Toomey

54. Resolution on the death of Virginia M. (Greene) Krathman. Councillor Toomey

55. Resolution on the death of Custodio Goncalves. Councillor Toomey

56. Resolution on the death of Maria L. Abreu. Councillor Toomey

57. Resolution on the death of Virginia M. (Morris) Gallinaro. Councillor Toomey

58. Resolution on the death of Maria Do Rosario (Carvalho) Carroca. Councillor Toomey

59. Resolution on the death of Miguel C. Soares. Councillor Toomey

60. Resolution on the death of Albano Sequeira. Councillor Toomey

61. Happy 90th Birthday wishes to Beatrice Levy Davis. Vice Mayor Davis

62. Get well wishes to Dan Murphy, Department of Public Works employee. Mayor Maher

63. Get well wishes to Virginia Delaney. Vice Mayor Davis

ORDERS
1. That the City Manager is requested to confer with the appropriate department heads and report back to the Economic Development, Training and Employment Committee with the current policies impacting food trucks, the reasoning behind said policies and potential impact it has on the food truck industry and on the city in general. Councillor Cheung

2. That the City Manager is requested to confer with the Commissioner of Public Works and other City departments to look into practices that will mitigate problems that occur (plowing snow into areas that have been shoveled by residents) and the insufficient and/or improper shoveling of the pedestrian way. Councillor Simmons
Amended

3. That the City Manager is requested to report back to the City Council on the total number of same-sex married city employees currently receiving health benefits, the estimated valuation of the federal tax placed on those health benefits of employees currently impacted by this discrimination and a proposed plan for how the City will take a stand as a national leader who values all City employees as equal and how the City will carry the burden of discriminatory taxation on behalf of the impacted employees beginning with 2011 tax filing. Councillor Simmons, Councillor Seidel, Councillor Cheung and Councillor Kelley

4. That the City Manager is requested to appoint a CRLS Celebration Committee, in conjunction with the Superintendent of Schools, to plan, coordinate and promote an appropriate reopening celebration for the community. Mayor Maher

5. That the City Manager is requested to confer with the Community Development Department to investigate the possibility of allowing owners alternatives to alter flat roof structures for the purposes of creating better rain water runoff collection through a zoning mechanism. Mayor Maher

6. That the City Manager is requested to communicate with the Department of Public Works and communicate back to the City Council about the snow removal of the sidewalks adjacent to the cab stand and whose responsibility it is, and how we can work together to get it done to ensure the safety of taxi cab users and to make the process of accessing taxi cabs during snow storms easier. Councillor Reeves

7. That the City Manager is requested to communicate with the Department of Public Works and the Community Development Department to determine an immediate solution to the problem of parking of cars on sidewalks by Enterprise Rental Car and report back to the Council. Councillor Reeves
Amended

8. That the City Manager is requested to appoint appropriate City staff, including the City Solicitor, to work with the Cambridge GLBT Commission to create a city-wide ordinance on gender-neutral bathrooms. Councillor Simmons, Councillor Seidel, Councillor Cheung and Councillor Kelley
Councillor Toomey voted PRESENT

9. That the City Manager is hereby requested to report back to the City Council with immediate clarification on the City's interpretation of the Responsible Employer Ordinance statute and a detailed report on how it is implemented and enacted. Councillor Cheung and Councillor Decker
Amended

10. Notify the members of the Massachusetts Congressional Delegation urging them to contact Valerie Jarrett at the White House (202-456-1097) to stress the positive impact that the CDBG program continues to have in our communities and the need to maintain full funding of the grant. Vice Mayor Davis
Councillor Kelley voted NO

11. That the City Manager is requested to instruct the City Solicitor to draft an amendment to the Zoning Ordinances regarding the replacement of shade trees during and/or on construction projects in an effort to protect trees on construction sites. Vice Mayor Davis

12. That the issue of the agenda of the City Council going paperless be referred to the Government Operations and Rules committee. Councillor Reeves and Councillor Simmons

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Environment Committee for a public meeting held on Dec 8, 2010 to discuss the Somerville Tree Ordinance, the tree replacement policy, public involvement in tree maintenance and the Resistograph test.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Environment Committee for a public meeting held on Dec 14, 2010 to receive a briefing on the Silver Maple Forest.

HEARING SCHEDULE
Mon, Jan 10
5:30pm City Council Meeting (Sullivan Chamber)

Wed, Jan 12
4:30pm The Ordinance Committee will conduct a public hearing on a zoning petition by Chestnut Hill Realty to amend the Zoning Ordinance by creating a new section that would allow for the creation of rental apartment units in the basement levels of existing multifamily residential buildings in Residence C Districts within 1200 feet of Massachusetts Avenue, Cambridge Street or the Red Line. This hearing to be televised. (Sullivan Chamber)
5:15pm The Ordinance Committee will conduct a public meeting to continue discussion on a zoning petition submitted by William A. Fox, et al. to amend the Zoning Ordinance and Map by rezoning an area accessed via Cottage Park Avenue in North Cambridge from its current designation of Business A-2 to a new designation of Residence B. (Sullivan Chamber)

Tues, Jan 18
6:00pm School Committee Meeting (Sullivan Chamber)

Wed, Jan 19
4:30pm The Ordinance Committee will conduct a public hearing on a zoning petition by the City Council to amend the Zoning Ordinance in Section 5.28.2-Conversion of Nonresidential Structures to Residential Use and Section 4.30 Table of Uses relative to the allowance of multifamily residential uses. This hearing to be televised. (Sullivan Chamber)
5:00pm The Ordinance committee will conduct a public hearing on a zoning petition filed by Michael R. Hegarty et al., requesting the City Council to amend the Zoning Ordinance by adding after the title of Section 5.28 the sentence: "No use shall be permitted by any provisions of this Section 5.28 except as set forth in Section 4.30 Table of Use Regulations or the sections that define districts not included in Section 4.30." This hearing to be televised. (Sullivan Chamber)

Mon, Jan 24
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Jan 25
4:00pm The Economic Development, Training and Employment Committee will conduct a public meeting to discuss current city ordinances that are hurting business growth. (Sullivan Chamber)

Wed, Jan 26
5:00pm The Ordinance Committee will conduct a public hearing to consider the Historical Commission's Landmark Study recommendation for landmark designation for St. James's Episcopal Church at 1991 Massachusetts Avenue. (Sullivan Chamber)
6:30pm A budget forum for citizens input. 680 Huron Ave., 2nd floor (Russell Youth & Community Ctr.)

Thurs, Jan 27
6:30pm A budget forum for citizen input. 48 Sixth Street (O’Connell Branch Library)

Mon, Jan 31
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Feb 1
6:00pm School Committee Meeting (Sullivan Chamber)

Wed, Feb 2
6:30pm A budget forum for citizen input. Lecture Hall, 449 Broadway (Main Library)

Mon, Feb 7
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Feb 8
6:00pm School Committee Budget Retreat (Sullivan Chamber)

Mon, Feb 14
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Feb 15
5:30pm The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the possibility of structuring the parking ticket system in a way that would increase parking tickets as people stay longer at expired meters or general no-parking spots. (Ackermann Room)
6:00pm School Committee Meeting (Sullivan Chamber)

Thurs, Feb 17
5:30pm The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss municipal and other renewable energy goals. (Sullivan Chamber)

Mon, Feb 28
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Mar 1
5:30pm The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss language in the Noise Ordinance as it relates to enforcement of loud car radios. (Ackermann Room)
6:00pm School Committee Meeting (Sullivan Chamber)

Wed, Mar 2
10:00am The Community Health Committee will conduct a public meeting to learn more about Cambridge Health Alliance's patient-centered medical home (PCMH) initiatives. (Sullivan Chamber)

Mon, Mar 7
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Mar 8
6:00pm School Committee Budget Hearing (Sullivan Chamber)

Mon, Mar 14
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Mar 15
6:00pm School Committee Meeting (Sullivan Chamber)

Mon, Mar 21
5:30pm City Council Meeting (Sullivan Chamber)

Mon, Mar 28
5:30pm City Council Meeting (Sullivan Chamber)

Mon, Apr 4
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Apr 5
5:30pm The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss safety issues at the intersection of Cedar and Harvey Streets. (Ackermann Room)
6:00pm School Committee Meeting (Sullivan Chamber)

Mon, Apr 11
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Apr 12
6:00pm Special School Committee Meeting (Sullivan Chamber)

Mon, Apr 25
5:30pm City Council Meeting (Sullivan Chamber)

TEXT OF ORDERS
O-1 Jan 10, 2011
COUNCILLOR CHEUNG
WHEREAS: Food trucks have grown increasingly popular across the country, forcing many cities to retroactively set standards and policy regulations; and
WHEREAS: The mobile food industry has the unique potential to create new employment opportunities, small business growth and favorable conditions for culinary entrepreneurs in Cambridge; and
WHEREAS: According to the National Restaurant Association, there is an increasing demand, particularly among people 18-44 for freshly prepared, restaurant quality food that can be provided in a quick and cheap manner; and
WHEREAS: Currently, the City of Cambridge limits the number of potential food trucks applying for space on city property; and
WHEREAS: Although the city helps food truck owners connect with potential private space leasers, we should analyze the impact of the before-mentioned policy on Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate department heads and report back to the Economic Development, Training and Employment Committee with the current policies impacting food trucks, the reasoning behind said policies and potential impact it has on the food truck industry and on the city in general.

O-2 Jan 10, 2011 Amended
COUNCILLOR SIMMONS
WHEREAS: The snow season is upon us and with this comes the tedious and expensive management of snow; and
WHEREAS: Good snow management is a partnership between the citizens and the city; and
WHEREAS: Some citizens are not properly shoveling their walks; and
WHEREAS: Inadvertently, the Department of Public Works is shoveling and/or plowing snow into crosswalk corners as well as back into places that have already been shoveled by people; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and other City departments to look into practices that will mitigate problems that occur (plowing snow into areas that have been shoveled by residents) and the insufficient and/or improper shoveling of the pedestrian way; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-3 Jan 10, 2011
COUNCILLOR SIMMONS
COUNCILLOR SEIDEL
COUNCILLOR CHEUNG
COUNCILLOR KELLEY
WHEREAS: The City of Cambridge considers employees who are married to same-sex partners as fully equal to any other employee, and supports their right to the health benefits as required by Massachusetts State Law; and
WHEREAS: Under existing federal tax code, the City of Cambridge-provided health benefits for same-sex married employees are counted as taxable income, a differentiation based on sexual orientation considered discriminatory in the State of Massachusetts and in the City of Cambridge; and
WHEREAS: Many private sector leaders such as Google, Cisco, the Gates Foundation, and Kimpton Hotels are assuring all their employees are treated equally by paying the cost of the unjust taxation of their same-sex married employees, and where as some 70 top business leaders are supporting Human Rights Campaign (HRC) efforts to change this discriminatory federal tax code (http://www.hrc.org/issues/workplace/benefits/business_coalition_benefits_tax_equity.htm) that harshly impacts our workforce; and
WHEREAS: The Cambridge City Council considers it unacceptable that an unfair financial burden has been placed on same-sex married employees of Cambridge since May, 2005, and seeks to stop this discrimination in our city; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council (by 1/31/11) a total number of same-sex married City employees currently receiving health benefits, 2) a total estimated valuation of the federal tax placed on those health benefits of employees currently impacted by this discrimination, and 3) a proposed plan for how the City will take a stand as a national leader who values all City employees as equal and how the City will carry the burden of this discriminatory taxation on behalf of the impacted employees beginning with 2011 tax filing.

O-4 Jan 10, 2011
MAYOR MAHER
WHEREAS: The renovations to Cambridge Rindge and Latin School will be completed in time for the opening of 2011-2012 academic year; and
WHEREAS: It is appropriate for the community to come together to commemorate and celebrate the reopening of our high school campus; now therefore be it
ORDERED: That the City Manager be and hereby is requested to appoint a CRLS Celebration Committee, in conjunction with the Superintendent of Schools, to plan, coordinate and promote an appropriate reopening celebration for the community.

O-5 Jan 10, 2011
MAYOR MAHER
WHEREAS: The City of Cambridge's sewer and drain collection system consists of both separated and combined catchments systems; and
WHEREAS: During the past twenty years the City has increased its sewer separation and storm water management efforts because of stricter environmental compliance regulations and a desire to provide a better quality of life to residents' daily lives; and
WHEREAS: Many triple-decker dwellings in the city are constructed with flat roofs containing central drains that discharge storm water directly into the municipal sewer discharge pipe of the building; and
WHEREAS: Flat roof designs have limited options for dispersing storm water runoff, unlike pitched roof designs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Acting Assistant City Manager for Community Development to investigate the possibility of allowing owners alternatives to alter flat roof structures for the purposes of creating better rain water runoff collection through a zoning mechanism; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-6 Jan 10, 2011
COUNCILLOR REEVES
WHEREAS: Central Square is a major thoroughfare for many pedestrians, cars, buses and taxi cabs everyday. Many people, especially senior citizens and shoppers rely on taxi cabs; and
WHEREAS: There are many taxi cab stands around the city, I want to concentrate on the taxi cabs stands on Massachusetts Avenue between Norfolk Street and Essex Street and near the corners of Essex Street and Norfolk Street; and
WHEREAS: The recent snow storm, the sidewalk adjacent to Massachusetts Avenue near the taxi stands was not shoveled causing the taxi users to walk to the corner, and around onto Massachusetts Avenue in order to get a cab; and
WHEREAS: This created many dangerous situations and a grave inconvenience for the citizens of Cambridge, the tourists, and the taxi drivers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to communicate with the Department of Public Works and communicate back to the City Council about the snow removal of the sidewalks adjacent to the cab stand and whose responsibility it is, and how we can work together to get it done to ensure the safety of taxi cab users and to make the process of accessing taxi cabs during snow storms easier; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with the results of this request.

O-7 Jan 10, 2011 Amended
COUNCILLOR REEVES
WHEREAS: Western Avenue is being developed with new bike lanes, new sewers, and new sidewalks, and;
WHEREAS: Enterprise Rental Car owns a building and parking lot that runs between River Street, Western Ave and Franklin Street; and
WHEREAS: We understand the need for rental cars, and its convenience to the citizens of Cambridge, there is a huge problem with this rental car operation; and
WHEREAS: Especially on weekends, but on many other days when they have an overflow of cars, they use the sidewalk, as their own parking lot; and
WHEREAS: Not only does this pose a great inconvenience for pedestrians, it also creates a very hazardous situation when people are forced to walk out on the street; and
WHEREAS: The parking of cars on the sidewalks is unacceptable, in all of my travels, I have never seen the likes of it before; now therefore be it
ORDERED: That the City Manager be and hereby is requested to communicate with the Department of Public Works, the Community Development Department to determine an immediate solution to this problem; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
ORDERED: That the City Manager be and hereby is reqeusted to report back on whether any curb cut contributing to this problem can be rescinded.

O-8 Jan 10, 2011
COUNCILLOR SIMMONS
COUNCILLOR SEIDEL
COUNCILLOR CHEUNG
COUNCILLOR KELLEY
WHEREAS: A lack of gender-neutral restrooms is one of the biggest threats that transgender individuals face. Harassment and violence occur often in gender specific bathrooms. A recent survey found that 99% of 500 transgendered and non-transgendered respondents preferred gender neutral bathrooms. Another survey of only transgendered individuals found half had experienced harassment or assault when using gendered bathrooms; and
WHEREAS: Non-transgendered individuals also face difficulties with bathrooms. Disabled individuals have difficulty finding bathrooms that are accessible, or those with family or individuals helping them often cannot accompany them into gender specific multi-stalled bathrooms. Parents with opposite sex children often encounter issues with access to gender specific multi-stalled bathrooms; and
WHEREAS: Institutions of higher education appear to be leading the way in implementing gender-neutral bathrooms, with demands being raised by their student bodies. Large companies also tend to offer at least one non-gendered or single-user bathroom; and
WHEREAS: Transgender rights legislation will undoubtedly pass in Massachusetts and Cambridge has historically lead the state and nation in designing and implementing solutions that foster inclusion, dignity, and quality of life for all; and
WHEREAS: Consideration of policies that potentially require a period of time by which all city buildings, licensed establishments providing food and/or alcohol, and public-use buildings are required to have a gender-neutral single- or multi-user bathroom would benefit families, elderly, disabled, transgender individuals, and the community at large; and
WHEREAS: Legal support, research, and strategies for implementation of a city-wide policy is available through GLAD http://www.transgenderlaw.org; now therefore be it
ORDERED: That the City Manager be and hereby is requested to appoint appropriate city staff, including the City Solicitor, to work with the Cambridge GLBT Commission to create a city-wide ordinance on gender-neutral bathrooms.

O-9 Jan 10, 2011 Amended
COUNCILLOR CHEUNG
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the Cambridge City Council that there is some question as to whether the City Manager and his staff fully complied with the "Responsible Employer Ordinance" in regards to a recently put out to bid water-proofing project in Lafayette Square; and
WHEREAS: Section 2.66.080 A. 3 of Cambridge Ordinance 2.66 - Cambridge Employment Plan, Article II - Construction Projects, reads:

"The bidder and all subcontractors under the bidder must maintain or participate in a bona fide apprentice training program as defined by c. 23, §§11H and 11I for each apprenticeable trade or occupation represented in their workforce that is approved by the Division of Apprentice Training of the Department of Labor and Industries and must abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract;" and

WHEREAS: It has been reported that the City selected a company for the waterproofing project that at the time of their bid did not offer an apprenticeship training program; and
WHEREAS: Prospective bidders may have read the ordinance as stating that the company, at the time of their bid, must already offer an apprenticeship program, not that a bidding company must have an apprenticeship in place by the start of the job, after selection; now therefore be it
ORDERED: That the City Manager be and is hereby requested to report back to the City Council with immediate clarification on the City's interpretation of said ordinance statute and a detailed report on how it is implemented and enacted; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council before the bid contract is executed.

O-10 Jan 10, 2011
VICE MAYOR DAVIS
WHEREAS: Serious discussions are taking place inside the Obama Administration regarding the proposed federal budget for fiscal year 2012 and some Washington sources have indicated that the Community Development Block Grant (CDBG) is facing a possible cut of up to 25 percent (which equates to $1 billion) in the President's Budget; and
WHEREAS: At least 50% of the funds Cambridge receives from the Community Development Block Grant supports affordable housing development in the city and 15% goes to Human Services Department programs; and
WHEREAS: Final decisions on the President's budget are likely to be made soon and it is important that the block grant remain fully funded; now therefore be it
ORDERED: That the City Clerk be and hereby is requested to immediately notify the members of the Massachusetts Congressional Delegation urging them to contact Valerie Jarrett at the White House (202-456-1097) to stress the positive impact that the CDBG program continues to have in our communities and the need to maintain full funding of the grant.

O-11 Jan 10, 2011
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to draft an amendment to the Zoning Ordinances regarding the replacement of shade trees during and/or on construction projects in an effort to protect trees on construction sites.

O-12 Jan 10, 2011
COUNCILLOR REEVES
COUNCILLOR SIMMONS
ORDERED: That the issue of the agenda of the City Council going paperless be referred to the Government Operations and Rules committee; and be it further
ORDERED: That the City Clerk and the Executive Assistant to the City Council be involved in this process.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Environment Committee held a public meeting on Wed, Dec 8, 2010 at 5:35pm in the Sullivan Chamber.

The purpose of the meeting was a follow-up to the Sept 30, 2010 Environment Committee meeting on trees. The meeting will specifically discuss the Somerville Tree Ordinance, the tree replacement policy, public involvement in tree maintenance and the Resistograph test.

Present at the meeting were Vice Mayor Davis, Chair of the Environment Committee; Councillor Seidel; Lisa Peterson, Public Works Commissioner; David Lefcourt, City Arborist; Don Drisdell, City Solicitor; Penny Peters; Margrit Betke; and A. David Davis, members of the Public Planting Committee; and Donna P. Lopez, Deputy City Clerk.

Also present were Claudia Thompson, 206 Lakeview Ave.; Jean, Tara and Tegan Murray, 87 Fayerweather Street; E. Thomas Flynn, 25 Madison Avenue; Mark Jacquith, 213 Hurley Street; Laurie Leyshon, Massachusetts Green Jobs Coalition; Sue Butler, 14 Clinton Street; and Jack Welch.

Vice Mayor Davis opened the meeting and stated the purpose. She stated that the format of the meeting would be to discuss the removal and replacement issues, including the Somerville Tree Ordinance, public involvement and the Resistograph test. She asked Lisa Peterson to discuss removal and replacement of trees.

Commissioner Peterson stated that the City Solicitor, Don Drisdell would discuss Chapter 87 of the Massachusetts General Laws which requires that cities and towns have a tree warden. In Cambridge the tree warden is the city arborist.

City Solicitor Drisdell stated that Chapter 87 provides for the removal of public shade trees. Only a tree warden may remove a public shade tree without posting a notice or holding a public hearing. If an objection is received on removal of a tree, the tree warden must refer the removal of the tree to the city manager per state statute and a hearing is scheduled. The exception to the public hearing requirement is if it is determined by the tree warden or other public officials that a tree is a safety hazard. For example, the Highway Department could notify the city of a hazardous tree limb that could endanger public safety. In the event of such a hazard the tree warden has no discretion and is required to trim or remove the hazardous tree. Mr. Drisdell cited trees blocking street signs as being a public hazard.

Vice Mayor Davis asked Mr. Drisdell about the Somerville Tree Ordinance (Attachment A).

Mr. Drisdell stated that the Somerville Tree Ordinance makes reference to Section 3 of Chapter 87. Some areas of the Somerville Tree Ordinance are inconsistent with the state statute and limit the tree warden's authority. Mr. Drisdell has misgivings about the Somerville Tree Ordinance. The public notice requirements are broader in the Somerville Tree Ordinance and could be challenged. He stated that nothing in the Somerville Tree Ordinance will interfere with the public safety aspect of tree removal. The Somerville Tree Ordinance does establish a Somerville Tree Advisory Committee and a tree replacement fund. Vice Mayor Davis asked about removal of healthy trees in the Somerville Tree Ordinance. Why are healthy trees taken down?

At this time David Lefcourt, City Arborist, discussed the tree replacement policy (Attachment B). He stated that trees are replaced in the city for six reasons: requests, tree hearings, storm events, scouted locations, street and sidewalk improvement projects, developments or construction projects. Mr. Lefcourt stated that he tries to work with property owners and/or business owners to plant a species of tree that will be enjoyed. He also stated that he works with the property owner to maintain the trees. Trees are replaced in the construction phase of a street betterment and/or construction project. The policy contains a listing of 28 tree species that are planted; however, there are an additional 10-20 species that are planted but not listed. Vice Mayor Davis added that the Cambridge Ordinance needed to be tightened up for the replacement of shade trees on construction projects. Mr. Lefcourt stated that he tries to work with developers.

At 5:55pm Vice Mayor Davis opened the meeting for public comment.

Margrit Betke, 10 Clinton Street, asked if the arborist should include the hardship to the property owner as criteria for tree removal as cited in the Somerville Tree Ordinance.

Claudia Thompson, founder, Grow Native Cambridge, spoke about trees species. She stated that native trees have been lost because of development and that one-third of all introduced plants are invasive. There are acceptable non-native trees that are not invasive but non-native, non-invasive trees do not host insects or butterflies. The current tree canopy is illegal. There are large ecological issues at stake.

Sue Butler, 14 Clinton Street, spoke about the trees removed at 955 Massachusetts Avenue. She spoke about trees being planted when dormant. Why would structurally damaged trees be planted she asked? The Sierra Club urges that larger trees be planted. Every leaf counts to capture carbon dioxide. Large trees are more important than small trees.

Laurie Leyshon stated trees are critical during this climate crisis, vital for storm drainage and runoff. She stated that her impression is that the city's attitude is that trees are a nuisance. She suggested moving a handicap parking spot instead of moving a tree. Trees need to be made a priority in the city; trees are sacred. She suggested reviewing tree policies of other cities.

Tara Murray, 87 Fayerweather Street, spoke about the Gilmore Street trees being removed. There was no evidence of decay and there was no public safety issue with those trees. She stated that a tree removal committee needs to be established. Trees that are removed need to be replaced. Older trees require more maintenance. She stated that a drastic change is needed.

Tegan Murray, 87 Fayerweather Street, also spoke about the Gilmore Street trees. She disapproved of a quick judgment decision to remove a tree due to alleged hazards. She stated that four years ago a petition signed by 250 citizens was filed asking for older trees to be pruned more often. She stated that trees represent green space on the sidewalk. A better tree replacement policy is needed. For example there is now a policy of planting small trees because of overhead wires. However, big trees can grow through the overhead wires. She favored keeping big trees in the city.

At 6:18pm Vice Mayor Davis opened the meeting to discuss stewardship and tree maintenance (Attachment C).

Commissioner Peterson stated that many people care about the urban forest. The Public Planting Committee was established by ordinance; it contains 18 members. The Department of Public Works has an Urban Forestry section on its website and includes a Back of Sidewalk tree planting program. With this program trees are planted on private property up to 20' off the public way with the owner's consent and the agreement that the tree must remain for at least five years. For 18 years Cambridge has been recognized as Tree City USA and for the third year has received the growth award. She informed the committee of the Public Works Department plans for expansion of the urban forestry programs. The plans included raising awareness of the importance of the urban forest, working on educational materials that include brochures on tree and tree care, and scheduling more tree walks. There are currently three tree walks planned for 2011. The Public Works Department will work with neighborhood associations in this endeavor. Plans also include an expansion of involvement in special events such as the Cambridge Science Festival. In an effort to expand public involvement a Junior Forester Program is being considered. This program would care for and water trees. The use of tree tags is also under discussion; they would be attached to trees with tree care information and a public person named who is responsible for the care and maintenance of the tree. Public Works is also exploring the development of a Cambridge citizen pruning program. Ten people will be trained and certified to prune trees with supervision. Commissioner Peterson also stated that if the city were able to water more trees during July and August the trees would benefit. A pilot program to hire summer interns to be tree ambassadors is being contemplated.

Vice Mayor Davis stated that people have been actively trying to be deputized to water trees. She spoke about the hostility of property owners who do damage trees to get rid of them and about volunteer tree stewardship. She asked if the city does outreach to get property owners to maintain a tree on property other than their own. Commissioner Peterson stated that with more education she is hopeful that people will maintain the trees better. Vice Mayor Davis added that the public is concerned and willing to water trees if the city provides a programmatic solution.

At 6:32pm Vice Mayor Davis opened the meeting for public comment.

Tegan Murray stated that she waters many trees in her neighborhood. She complained that the city does not replace empty tree wells unless there is a request to replant a tree.

Tara Murray suggested placing tags or signs on trees that state "this tree is maintained by ___________." She suggested signs on empty tree wells asking if anyone would be willing to be a foster parent for an empty tree well and giving a number to call. She stated that it was more important to maintain older trees than to plant new trees.

Commissioner Peterson outlined the importance the city gives to maintaining the current city trees. The 2011 budget for pruning trees went up to $250,000 from $200,000.

Laurie Leyshon suggested sponsor-a-tree program where a brick is engraved or a plaque installed. She wanted the city to make trees a priority. A larger budget is needed to prune trees. She suggested that the Green Jobs Program could be useful in this effort. She wants a zero tolerance to injuring trees.

Sue Butler stated that she planted a tree at 17 Clinton Street and the tree was vandalized. The disparity of tree heights needs to be discussed. More manpower is needed to water trees. She asked who pays for the water to water the trees. She spoke about the damage to a tree at the new library; she hopes the damage is not water related. She commented that high density rainfall is expected and its impact is unknown.

Mark Jacquith spoke about laws pertaining to the destruction of property. He suggested posting notices warning that damage to trees will be prosecuted. He spoke about the GIS tree mapping program and the accessibility of the data to the public. Margrit Betke stated that tree labeling has been discussed at the Public Planting Committee but she is concerned about the budget for it.

The committee next discussed the Resistograph test.

Mr. Lefcourt stated that the city owns a Resistograph (Attachment D); it is used as a tool to identify decay pockets in a tree. He takes damage to trees very seriously and has issued $500 fines. The Resistograph measures the strength of the tree when it is drilled by the Resistograph. A rubber mallet is used and the sound the mallet makes signifies the presence of decay. He stated that this is not an exact science but it is a good tool that he utilizes as much as he can.

Tara Murray stated that she has seen the Resistograph tool used, but it was not used on the Gilmore Street trees because the trees were leaning. This tool was requested for the Gilmore Street trees but it was not used. Another objective tool needs to be used all the time for tree removal she stated.

Laurie Leyshon stated that she was flabbergasted that the city owns this tool and did not use it on the Gilmore Street trees. These trees were vandalized and should be prosecuted.

Tegan Murray supported using the Resistograph test. The property owner of the Gilmore Street trees wanted an appraisal by a private arborist but the request was rejected.

Mr. Lefcourt stated that the Resistograph test was not necessary for the Gilmore Street trees. The trees were mature trees with excessive leans and poor structure.

Vice Mayor Davis stated that the Gilmore Street trees were a disappointment to the community. Four trees were removed and three replaced. Currently there are 17,000 city owned trees in Cambridge. The focus is to preserve these trees from vandalism and drought. There are significant issues with maintenance.

Vice Mayor Davis submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to draft an amendment to the Zoning Ordinances regarding the replacement of shade trees during and/or on construction projects in an effort to protect trees on construction sites.

The motion - Carried.

Sue Butler stated that permeable surfaces cut down on maintenance.

Vice Mayor Davis thanked all those present for their attendance.

The meeting adjourned at 7:02pm.

For the Committee,
Vice Mayor Henrietta Davis, Chair

Committee Report #2
The Environment Committee conducted a public meeting on Tues, Dec 14, 2010 in the Sullivan Chamber.

The purpose of the meeting was to receive a briefing on the Silver Maple Forest.

Present at the meeting were Vice Mayor Henrietta Davis; Councillor Leland Cheung; Councillor Sam Seidel; Councillor Denise Simmons; Richard Rossi, Deputy City Manager; Lisa Peterson, Public Works Commissioner; Owen O'Riordan, City Engineer; Penny Peters; State Representative William Brownsberger; and Donna P. Lopez, Deputy City Clerk.

Also present were Martha Moore, Belmont Conservation Commission; Patrick Fairbairn, Ph.D, 20 Marcia Road, Watertown; Ellen Mass, President, Friends of Alewife Reservation (FAR), 104A Inman Street; Charlie Marquardt, 10 Rogers Street; Mark Jaquith, 213 Hurley Street; Richard Clarey, 15 Brookford Street; Elena Saporta, 102 Ellery St.; Dolores Cortes, 90 Ellery Street; Minka vanBeuzekom, 20 Essex Street; John Pitkin, 18 Fayette Street; Phyllis Bretholtz, 65 Antrim Street; Sue Butler, 14 Clinton Street; Edith Haber, Belmont resident; William Ackerly, M.D.; Leslie Phillips; Maryann Nelson, Chair, Greater Boston Sierra Club; Emily Axlerod; EK Khalsa, Executive Director, Mystic Watershed Association; and Brian Nanos, Cambridge Chronicle.

Vice Mayor Davis opened meeting and stated the purpose. This meeting was set up to hear from the City staff about the impact of the AP Cambridge Partners development project in Belmont on the City of Cambridge. A slide presentation would be given by the Friends of Alewife Reservation (FAR), Ellen Mass. Then comments from the City staff and the city councillors would follow.

Deputy City Manager Richard Rossi asked City Engineer Owen O'Riordan to give an overview of the land development in the FACES area.

Mr. O'Riordan gave an overview of the development project at Acorn Park in Belmont and commented that there is discussion ongoing about developing the FACES site. Cambridge was contacted by the town of Belmont in 2003 regarding sewer connections for the Belmont project. In October 2003 a final EIR report was issued from MEPA. Cambridge had significant concerns regarding the pump on the north side of the Little River. In 2007 the Belmont Board of Zoning Appeals granted a permit for the project. The project changed from a lab to a 299 unit residential complex. Cambridge has concerns regarding the combined sewer overflow and the sanitary system. In 2007 the MEPA certification was reissued. The Belmont Conservation Commission denied the conditions in December 2007. In 2008 an appeal was granted. A superseding order of conditions was then granted to the developer by the Department of Environmental Protection (DEP). Another appeal by the Belmont Conservation Commission and interveners resulted in an adjudicatory hearing for 4 days and DEP ruled against them in May of 2010. Cambridge has held 3 meetings this year with the developer. Mr. Rossi stated that the developer would be required to build a new pump and water and sewer infrastructure if the project goes forward with a tie-in to the Cambridge systems. Also if the FACES project goes forward the developer would be required to upgrade the water infrastructure. He informed the committee that Cambridge does not issue permits to developers for water infrastructure. Those permits are issued from the Cambridge Conservation Commission. Mr. O'Riordan stated that no permits will be issued in the near future.

Vice Mayor Davis asked the city councillors if they had any questions.

Councillor Seidel asked why the project wanted to tie into Cambridge's system; it is a Belmont development. Mr. O'Riordan responded that Cambridge is a shorter connection at Acorn Park. If this connection occurs Cambridge can require significant mitigation which will have a significant cost benefit for Cambridge residents. Councillor Seidel asked if Cambridge is required to allow the project to use the Cambridge system. Mr. O Riordan responded that it is not unusual; Beech Street and Somerville residents are tied into the Cambridge system. The issue is the capacity. Mr. Rossi stated that five or six years ago Cambridge had similar conversations with Somerville due to development in North Point. Councillor Seidel asked what happens to the rainwater. Mr. O'Riordan stated that if the building permits come to the Public Works Department they will be reviewed carefully for cost and benefit. No permits at this time are being sought from Cambridge for this project. The Department of Environmental Protection issued the permit. Councillor Seidel asked if any of the development will be in Cambridge. Mr. O'Riordan responded that Cambridge has not seen the building permit but that he believes the building is not in Cambridge. He further stated that if the project tied into Cambridge additional permits would be required from the Conservation Commission related to laying pipes in Cambridge. Zoning allows that additional development could occur.

Councillor Cheung questioned the process of tying into Cambridge's system. Three common manholes would be removed and would increase the capacity. Mr. Rossi stated that this project would better our system. Mr. O'Riordan stated that according to the State Storm Water Manual the Belmont project should not increase flooding.

Vice Mayor Davis stated that there is belief that this project could be stopped if Cambridge did not allow the tie in to its water and sewer systems. Mr. O'Riordan stated that the developer doesn't need to tie in to Cambridge. The town could build a pump station. Vice Mayor Davis commented that if Cambridge does not accommodate this project then Belmont is required to accommodate it.

At this time the committee heard from Martha Moore from the Belmont Conservation Commission. She stated that the effect on Cambridge is that one quarter of the storm water will flow through Cambridge. Belmont would also be required to issue a permit but a new pump station is required to be built. Belmont would get mitigation money. The Belmont Conservation Commission did not permit this project because of non-compliance with the Wetlands Protection Act. However, a superseding order was issued by DEP. Belmont filed adjudication at DEP last spring. The decision was found for the DEP ruling. An appeal by the Belmont Conservation Commission and Interveners was filed in Superior Court. A hearing is expected in Superior Court in March or spring of 2011. Vice Mayor Davis asked Ms. Moore if there is one outstanding appeal. Ms. Moore responded in the affirmative.

At 3:43pm Ellen Mass, FAR President, gave a slide presentation. She stated that the O'Neill development will impact the Silver Maple Forest. Wildlife will be diminished and severe grading will occur. The slide show was taken from the wetlands scientist Chuck Katuska and maps of the area beginning in 1777 showing the evolution of the area, the wetlands and functions of the 130 acre urban wild. Satellite and GIS photos were shown of the large 15 acre forested area and the surrounding residential areas. The FEMA floodplain map was shown which viewed the footprint of the development, 3 acres of which borders on Cambridge land and Cambridge's largest wetland.

Councillor Cheung asked if this is a real reservation. Ms. Mass responded that it is a real reservation; it is documented with DCR and is a full wildlife refuge as noted by professional assessors. Councillor Cheung asked what happened to the proposed commercial development. Ms. Mass stated that the developer was turned down by the Belmont Conservation Commission. The Wetlands Protection Act must be followed.

Vice Mayor Davis asked what the obstacles for this development for Belmont are. Ms. Mass responded that no full transportation or flooding impact studies have been done on this regional area. No one has studied the wetlands flooding of March 2010. She stated that the appeals have continued because the flooding and professional testimony and cross-examination information was eliminated from the DEP final report. She stated that she is fearful that Belmont would issue a premature permit before the court hearing in spring 2011. Cambridge can say no sewer connection; no conservation restriction. She is asking that the permit not be granted until the case is heard in Superior Court in March 2011 or sometime in the spring. Mr. O'Riordan stated that Cambridge does not issue permits before a building permit is issued. Mr. Rossi informed the Committee that the City Manager cannot tell the Conservation Commission what to do. O'Neill owns the silver maple trees and can take them down as of right.

Mr. O'Riordan stated that he was not aware of an application for this project before the Conservation Commission. Vice Mayor Davis asked if there is any reason not to wait for the Superior Court hearing in March of 2011. Mr. O Riordan cautioned that Cambridge needs to be respectful of the DEP process. Vice Mayor Davis commented that the group had been heard and that no permits from the Department of Public Works would be issued before the court proceedings.

Councillor Simmons asked can the project go forth with litigation. Mr. O'Riordan stated that if the developer is given a permit from Belmont in January the developer proceeds at risk. The developer can seek a sewer permit from Cambridge or Belmont. The tie in to Cambridge would be cheaper but the city will require mitigation. Mr. Rossi stated that Cambridge will ask the developer to pay for infrastructure work which will benefit Cambridge. Councillor Simmons asked if Belmont would issue a building permit. Ms. Mass stated that Belmont will likely issue a building permit but that an injunction would proceed ahead with the Commission and the Interveners.

The City Council has the power to ask the City Manager to wait until all matters are settled including the court proceedings. Does it matter if Cambridge holds firm or will we lose out in protecting this area. No sewer permit will be issued prior to the decision of the Superior Court case. Mr. O'Riordan stated that the developer may choose to design to the mitigation demands and file with the Conservation Commission which is an independent body. Vice Mayor Davis stated that if and when an application is filed by the developer with the Conservation Commission Ms. Mass will have to mobilize quickly. Mr. O Riordan stated that the DEP issued the permit which is under appeal and the project can go forward at the developer's own peril.

Councillor Simmons asked what damage would be done if the developer proceeded.

Representative Brownsberger informed the committee that in 2008 legislation was passed to acquire the property for the state to add to the Alewife Reservation of the DCR. However the governor vetoed the legislation. The state supported affordable housing for this site. Legislation to purchase the land for the reservation was refiled this year but not acted upon. There is no mandated funding for this matter. The Department of Conservation and Recreation (DCR) could provide partial funding. The property needs to be evaluated. He stated that DCR, the towns of Arlington and Belmont and the City of Cambridge would have to come up with the funding to acquire this property. This would not be a taking; it would be a sale determined by appraisal. He stated that the value of the property is between $7 and $25 million. Belmont appraised the property at $14 million. He stated that he did not think that Arlington could contribute to acquiring this property. Belmont has adopted the Community Preservation Act (CPA).

At 4:30pm Vice Mayor Davis opened the meaning to public comment.

William Ackerly stated that as an M.D. he is concerned because flooding brings the health hazard of raw sewerage into basements. Whose job is it to ask what the role of the Public Health Department is?

Patrick Fairbairn, Professional Wildlife Assessor and a member of the Watertown Conservation Commission, distributed an outline showing the open space property with and without the development. (ATTACHMENT A). He stated that if the development were placed anywhere else it would have had less impact. The development has planned restoration. There is no evidence this restoration makes the development any better. He also distributed a document entitled Ecological Benefits of Preserving the Belmont Upland Silver Maple Forest (ATTACHMENT B).

Leslie Phillips informed the committee that the Democratic City Committee passed several resolutions to protect the Silver Maple Forest. She noted that the Democratic State Convention adopted the preservation of urban wilds in its state platform. She urged cooperation with the legislature.

John Pitkin stated that the Cambridge Climate Emergency Action Group supported the Friends of Alewife and the City. The area needs to be protected as a valuable floodplain and climate mitigation area.

Richard Clarey stated that Cambridge does not need to do this to help another community. If you get Cambridge to do this it benefits Belmont. Rainwater will end up in Cambridge. He urged denying linking into the Cambridge system. The developer needs Cambridge land to get to 66% open space on the site.

Sue Butler, climate advocate and educator, stated that she supported the public health concern. The storm water system is not secure. She spoke about climate change and its unknown effects. It's important to have a buffer for the water system which the forest provides.

Charlie Marquardt stated that the city can say no, separate from the Conservation Commission's action. The Conservation Commission is not needed to prevent development.

Mark Jaquith stated that he wanted a comprehensive mitigation package for the area. Local override of Chapter 40B allowed this project to go forward.

EK Khalsa from the Mystic Watershed Association noted that the Belmont parcels are valuable for flood mitigation.

Maryann Nelson, Sierra Club, hopes to work with Cambridge to protect this land.

Mr. O'Riordan stated that this development would provide mitigation to Cambridge and increase capacity if it goes forward.

Elena Saporta expressed her concern about the FAR issues.

Vice Mayor Davis thanked all attendees.

The meeting adjourned at 4:50pm.

For the Committee,
Vice Mayor Henrietta Davis, Chair

AWAITING REPORT LIST
10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)

10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)

10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)

10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)

10-127. Report from the City Manager:
RE: report on nature of the improvements along the Grand Junction. Councillor Toomey referred back to City Manager for additional information on 10/25/10.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 09/13/10 (O-5)

10-130. Report from the City Manager:
RE: report on the status of installing community gardens at Riverside Press Park.
Vice Mayor Davis and Full Membership 09/13/10 (O-11)

10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)

10-134. Report from the City Manager: See Mgr #2
RE: report on reducing energy consumption by way of deleting and/or limiting email storage.
Councillor Decker and Full Membership 09/13/10 (O-15)

10-135. Report from the City Manager:
RE: report on the possibility of working with the NSTAR/OPower project.
Vice Mayor Davis and Full Membership 09/27/10 (O-1)

10-138. Report from the City Manager:
RE: report on the feasibility of adding historical sub-signs to street signs and the possibility of commemorating the 200th anniversary of the War of 1812 with street sub-signs.
Vice Mayor Davis, Councillor Cheung, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 09/27/10 (O-6)

10-140. Report from the City Manager:
RE: report on safety policies and procedures in place to monitor the maintenance of natural gas pipelines in the City.
Councillor Seidel and Full Membership 09/27/10 (O-10)

10-150. Report from the City Manager:
RE: report on the possibility of Cambridge participating in the Bixi bike-sharing program.
Councillor Cheung and Full Membership 10/04/10 (O-6)

10-151. Report from the City Manager:
RE: report on how the transition of the Grand Junction Railroad to Commuter Rail traffic could impede the implementation of the Grand Junction Rail Trail. Councillor Toomey referred back for additional information on 10/25/10.
Councillor Toomey and Full Membership 10/04/10 (O-7)

10-153. Report from the City Manager: See Mgr #3
RE: report on the feasibility of banning smoking in public parks and other public places.
Councillor Decker and Full Membership 10/04/10 (O-9)

10-155. Report from the City Manager:
RE: report on the process for discussing the report "Missed Opportunities Shared Responsibility" throughout the community and ensuring community groups have ample opportunity to discuss the report.
Councillor Decker 10/04/10 (O-12)

10-158. Report from the City Manager:
RE: report on repairing the brick sidewalk in front of 149 Hancock Street.
Councillor Reeves and Full Membership 10/18/10 (O-6)

10-163. Report from the City Manager:
RE: report on multiple questions concerning trees that come out of the Environment Committee meeting of 9/30/2010.
Vice Mayor Davis 10/25/10 (O-11)

10-165. Report from the City Manager:
RE: report on ways the City can work with the MAPC on opportunities related to the $4 million grant award to the MAPC on behalf of the Metro Boston Consortium for Sustainable Communities.
Councillor Seidel and Full Membership 11/01/10 (O-3)

10-167. Report from the City Manager:
RE: report on assisting neighbors as the No. Cambridge Catholic school site project proceeds and report on how the Table of Uses impact the development by special permit or variance in a Residence B District.
Vice Mayor Davis, Mayor Maher & Councillor Decker 11/01/10 (O-7)

10-168. Report from the City Manager:
RE: report on a communication from PERAC regarding the appropriation for FY2012. See Communication #6 of 11/8/2010.
Vice Mayor Davis and Full Membership

10-170. Report from the City Manager:
RE: report on whether the gutters are up to code at the Blessed Sacrament building.
Councillor Decker and Full Membership 11/08/10 (O-3)

10-172. Report from the City Manager:
RE: report on ensuring that the agreements between the develop and area residents are being upheld at the Blessed Sacrament Development.
Councillor Decker and Full Membership 11/08/10 (O-10)

10-173. Report from the City Manager:
RE: report on the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.
Councillor Decker 11/08/10 (O-12)

10-175. Report from the City Manager:
RE: report on feasibility of converting certain Inman Square parking meters to 2-hours and along Cambridge Street and on the possibility of installing time-weighted parking meter in Inman Square.
Councillor Cheung and Full Membership 11/22/10 (O-2)

10-176. Report from the City Manager:
RE: report on the feasibility of creating a "Bonding Program" for the purpose of ensuring that a process exists to enable the completion of work on projects where a developer fails to comply with an agreed upon community mitigation agreement.
Mayor Maher and Full Membership 11/22/10 (O-3)

10-177. Report from the City Manager:
RE: report on meetings with presidents of Cambridge colleges/universities to work out a proposal that they will pay the tuition and fees for students graduating from Cambridge public high schools.
Councillor Reeves and Full Membership 11/22/10 (O-7)

10-178. Report from the City Manager:
RE: report on developing an RFP for experimental music venues and space in Central Square.
Councillor Reeves and Full Membership 11/22/10 (O-8)

10-180. Report from the City Manager:
RE: report on feasibility of developing a formula/mechanism for receiving revenues negotiated during zoning changes and the possibility such revenues generated by a formula for distribution to community based non-profits.
Mayor Maher & Councillor Simmons 11/22/10 (O-12)

10-181. Report from the City Manager:
RE: report on the current formula that the City uses to calculate linkage payments for large scale projects.
Mayor Maher & Councillor Simmons 11/22/10 (O-13)

10-182. Report from the City Manager:
RE: report on when and where garbage trucks are allowed to back up on their routes and whether the City is liable for contracted garbage or recycling trucks that hit cars, trees or other things while performing their duties.
Councillor Kelley and Full Membership 12/06/10 (O-3)

10-183. Report from the City Manager:
RE: report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.
Vice Mayor Davis, Councillor Toomey, Councillor Seidel, Councillor Cheung and Full Membership 12/13/10 (O-1)

10-184. Report from the City Manager:
RE: report on the possibility of the Cambridge Farmers Market using space for the winter months in the ground floor of the First Street garage or other suitable space.
Vice Mayor Davis, Mayor Maher, Councillor Toomey, Councillor Cheung and Full Membership 12/13/10 (O-2)

10-185. Report from the City Manager:
RE: report on establishing a "pilot program" for Clean Tech Start-Ups in the first floor of vacant First Street garage.
Mayor Maher and Full Membership 12/13/10 (O-4)

10-186. Report from the City Manager:
RE: report on possible options for providing more support for the homeless youth in Cambridge.
Councillor Decker and Full Membership 12/13/10 (O-5)

10-187. Report from the City Manager:
RE: report on the appropriateness of private meetings between City Council members and the Superintendent of School without informing the School Committee of such meetings.
Councillor Toomey 12/13/10 (O-8)

10-188. Report from the City Manager:
RE: report on NSTAR outages in East Cambridge, Porter Square & Kendall Square.
Vice Mayor Davis 12/13/10 (O-10)

10-189. Report from the City Manager:
RE: report on the legitimacy of the tax exempt claim of Education First.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 12/20/10 (O-1)

10-190. Report from the City Manager:
RE: report on the feasibility of implementing the 311 system in Cambridge.
Councillor Cheung and Full Membership 12/20/10 (O-2)