Cambridge City Council meeting - January 11, 2010 - AGENDA
RECONSIDERATION
1. Councillor Kelley filed Reconsideration on the vote taken on Dec 21, 2009
confirming the appointments transmitted on a communication from Robert W. Healy,
City Manager, relative to the appointment of the following persons as
Commissioners of the Cambridge Housing Authority:
Anthony Pini (term expires 4/1/2014)
Gerald Clark (term expires 1/11/2015)
[Dec 21, 2009 motion of Councillor Kelley to Table
failed 4-5-0. Appointments confirmed 8-1-0. Councillor Kelley filed
Reconsideration.]
Reconsideration Fails 3-5-1-0 with Councillors Kelley,
Simmons, and Reeves voting YES; Councillors Davis, Decker, Maher, Seidel, and
Toomey voting NO; and Councillor Cheung voting PRESENT. The approval of the
appointments stands.
CITY MANAGERS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to
the appropriation of a grant from the State Executive Office of Public
Safety/Massachusetts Emergency Management Agency for $2,480 to the Grant Fund
Fire Other Ordinary Maintenance to provide funds to support the operations of
the Emergency Preparedness and Coordination Office within the Fire Department.
2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the State Executive Office of Public Safety for $6,112 to the Grant Fund Fire Salaries and Wages account ($4,612), Other Ordinary Maintenance account ($1,000) and Travel and Training account ($500) to provide funds to continue the Student Awareness of Fire Education (SAFE) Program that educates students in the dangers of fire and its effect on people, property, and the environment.
3. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $170,400 from the General Fund Employee Benefits Salary and Wages (Salary Adjustment) account to the General Fund Fire Other Ordinary Maintenance account to cover the cost to outfit 15 new firefighters with personal protective equipment and uniforms as well as to perform related medical evaluations.
UNFINISHED BUSINESS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting
a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the
Ordinance Committee, for a meeting held on Nov 18, 2009 for the purpose of
considering a petition for a zoning amendment filed by Richard D. Fanning et al.
to eliminate the Section 5.25.3 exemption of existing parking facilities in the
calculation of floor area ratio (FAR) and to delete Sections 20.44.3, which
specifies maximum heights for the area between the centerline of the railroad
right of way and the centerline of Cardinal Medeiros Avenue in the East
Cambridge Housing Overlay District. Planning Board hearing held on Nov 17, 2009.
Petition expires Feb 16, 2010. Committee Report Number Six of Dec 14, 2009 was
Accepted and Referred to Unfinished Business.
2. That the matter of the election of the Mayor be referred to Unfinished Business.
APPLICATIONS AND PETITIONS
1. An application was received from Flat Patties, requesting permission for five
tables and twenty chairs for restaurant seating in front of premises numbered 33
Brattle Street.
2. An application was received from Aiyara Thai Cuisine, requesting permission for a sandwich board sign in front of premises numbered 16-18 Eliot Street.
COMMUNICATIONS
1. A communication was received from Ruth E. Hill, transmitting thanks to the
City Council for the resolution praising Brother Blue's life and contributions
to the City of Cambridge.
2. A communication was received from Olive Sampson, Director, Office of Public Liaison and Intergovernmental Affairs, United States Department of State, transmitting thanks for the letter of Oct 15, along with the City Council's resolution condemning sexual violence in the Easter region of the Democratic Republic of Congo and calling for U.S. government action.
3. A communication was received from Department of Public Utilities, Transportation Oversight Division, transmitting notice that the hearing scheduled on Jan 12, 2010 has been reschedule for Jan 20, 2010 at 1:00 p.m. at One South Station, Boston, on the appeal of Cambridge Airport Shuttle, Inc. from the City Council's denial of an application for a hotel shuttle service over certain routes between Logan International Airport and the City of Cambridge.
4. A communication was received from the family of Janice Xavier, transmitting thanks to the City Council for the expression of sympathy resolution.
RESOLUTIONS
1. Resolution on the death of Barbara Lee. Councillor Simmons
2. Resolution on the death of Dorothea E. Masse. Councillor Maher
3. Resolution on the death of Marilyn A. (Brennan) McGinn. Councillor Maher
4. Resolution on the death of Richard Kindleberger. Councillor Davis
5. Resolution on the death of Julia Isadora (Abernethy) Wallace. Councillor Decker, Councillor Seidel, Councillor Davis, Councillor Maher, Councillor Simmons
6. Resolution on the death of Charles H. Shuman Jr. Councillor Toomey
7. Congratulations to the British Consulate-General on their new offices at One Broadway in Cambridge. Councillor Toomey, Councillor Simmons, Councillor Davis
8. Congratulations to Peter and Sarah Popovics on the birth of their twin girls, Maya Rose and Jillian Diane, born on Dec 1, 2009. Councillor Toomey
9. Resolution on the death of Specialist Brushaun X. Anderson. Councillor Decker
10. Resolution on the death of Violet (Abate) Santackas. Councillor Toomey
11. Resolution on the death of James J. LaRocca. Councillor Toomey
12. Resolution on the death of Helen M. (Bennett) Griffin. Councillor Maher
13. Happy 90th Birthday wishes to Kay Frawley on Jan 21, 2010. Councillor Maher
14. Resolution on the death of Val Postell. Councillor Maher, Councillor Toomey, Councillor Davis
15. Resolution on the death of Jean (Gillespie) Peterson Harvie. Councillor Toomey
16. Speedy recovery wishes to Karen Meehan. Councillor Simmons
17. Resolution on the death of Specialist David A. Croft Jr. Councillor Decker
18. Congratulations to the Peabody School for receiving an accreditation score of 96% from the National Association for the Education of Young Children. Councillor Davis
19. Resolution on the death of Camela T. (Stanizzi) Talarico. Councillor Maher, Councillor Toomey
20. Thanks to the Cambridge Department of Public Health and all involved who helped in making the flu clinic on January 9, 2010 such a success. Councillor Maher
ORDERS
1. That the City Manager is requested to confer with the appropriate City
department heads and personnel in order to determine alternatives to laying off
the five employees from the Lead Safe Cambridge program. Councillor
Simmons
2. That the City Manager is requested to clarify the status of the new smoke detector regulation and how the regulation relates to Cambridge residential structures. Councillor Davis
3. That the City Manager, in conjunction with the Commissioner of the Department of Public Works and School Department, is requested to prepare a report with an assessment and a plan for repairs and improvements, if needed, regarding the present conditions of all of our school playgrounds. Councillor Maher
4. City Council concerns regarding House Bill 4410 which would give new
powers to state and local school officials to turn around under-performing
schools and increase the number of charter schools. Councillor Davis
and Councillor Maher
Withdrawn by unanimous consent (the matter being moot
due to recent passage in State Senate)
5. That the City Manager is requested to appoint a committee to pursue the possibility of establishing a sister city relationship in Haiti. Councillor Simmons
COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
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.
Tabled
Related Policy Order
O-16 Dec 21, 2009
COUNCILLOR MAHER
ORDERED: That Order No. 1 of Apr 13, 2009 on reviewing the policy about naming street corners be referred to the 2010-2011 City Council along with the Oct 27, 2006 report from the City Manager on this issue.
2. A communication was received from D. Margaret Drury, City Clerk,
transmitting a copy of the referral of Order Number 16 of Dec 21, 2009,
regarding the City Council's policy on naming street corners, along with the
attached Oct 27, 2006 report from the City Manager.
Tabled
CITY OF CAMBRIDGE EXECUTIVE DEPARTMENT
Robert W. Healy, City Manager
Richard C. Rossi, Deputy City ManagerOct 27, 2006
Vice Mayor Toomey
Councillor Henrietta Davis
Councillor Marjorie C. Decker
Councillor Brian Murphy
Councillor E. Denise Simmons
Cambridge City HallDear Vice Mayor Toomey, Councillors Davis, Decker, Murphy & Simmons:
In response to Council Order No. 5, dated 6/12/06, regarding forming a committee to set criteria for naming street corners and squares in the City, I am attaching a report of the City Manager's Public Dedications Committee, which consisted of Deputy City Manager Richard C. Rossi, Public Works Commissioner Lisa Peterson, Assistant to the City Council Sandra Albano, Director of Veterans' Services Bob Stevens, Executive Director of the Historical Commissioner Charles M. Sullivan and Assistant to the City Manager Nancy B. Schlacter.
The attached report includes the proposed procedure for applying for a public memorial and the criteria for consideration of an application for a dedicated public memorial.
Very truly yours,
Robert W. Healy, City Manager
The following is the procedure for applying for a dedication:
Persons seeking an application for a dedication should be referred to the Assistant to the City Council to obtain a copy of the City's criteria and instructions on how to submit the request for a dedication.
An applicant seeking a dedication should first review the criteria set forth below. If the applicant believes that the person they seek to honor meets the criteria, the applicant must submit a request in writing to a City Council member ("Sponsoring Councillor"), stating how their proposed honoree meets the City's criteria. The Sponsoring Councillor will submit this written request, by Council Order, to the City Council for referral to the Council's Public Memorial Committee (Government Operations Committee) for their consideration/approval.
Dedication Recommended:
If the request for a dedication is recommended by the Public Memorial Committee (Government Operations Committee), it will be returned to the Sponsoring Councilor for submission to the full City Council. If the honoree is KIA, the Assistant to the City Council will notify the Veteran's Director to assist in the dedication.Dedication Not Recommended:
If the request for a dedication is not recommended by the Public Memorial Committee (Government Operations Committee), it will be returned to the Sponsoring Councillor with written reasons why it is not being recommended.Further considerations
1. If the applicant seeks a particular location for a dedication, City departments will review the requested location for its availability and appropriateness. Sponsoring Councillors should not promise a particular location for a memorial dedication to an applicant.2. Dedications other than signs (i.e.: benches, trees, plaques and other infrastructure) will be paid for by applicant/requester at a price to be determined by the DPW. Such price will reflect only the actual cost of the acquisition, planting or installation.
This policy recognizes that there may be persons within and without the community whose contributions in one area alone may not be very significant but whose overall contributions to Cambridge, the Commonwealth or the nation over a long period of time make the person worthy of memorialization by Cambridge.
The memorialization of a person shall be bestowed whenever a person is deemed worthy, without any consideration of the person's color, sex, age, religion, national origin or any other circumstances beyond the reasons cited for memorialization.
The following are the criteria for the dedication of squares in Cambridge:
Military Service
Killed in Action (KIA) (Gold Star) or
Honorably discharged veteran of the armed services of the United States who served during wartime.
Sign would include the word Veteran, the War(s) he/she served in, and any significant military decoration
Final discharge status to be checked and confirmed by Veteran Services Dept. Significant contribution to Cambridge community as determined by Public Memorials Committee (Government Operations Committee).
A person who has been active in civic affairs in Cambridge, whose life contributions have significance to Cambridge history and are documented by city records, historical documents or newspapers.
Valuable and substantial contribution to the City in an official, civic, or social capacity, which sets them apart from normal civic participation in the affairs of the City: [Examples: Service in public office, either in an elected or appointed capacity]
Service as a leader of an active organization of the community, which contributes to the social well-being and fabric of their neighborhood or the City as a whole.
Distinguished careers by present or former residents who have achieved state or national fame.
Significant contributions that improved the quality of life, the general health or major development of Cambridge, the Commonwealth or the nation. Performed an heroic or distinguished act completely without regard for personal safety and welfare for the common good.
Worked in public service in Cambridge
Meritorious and distinguished service as an employee of the City.
Distinguished public service to Cambridge, the Commonwealth or the nation. Historical Significance
Associated with important historical events, movements or patterns in American history, and significantly linked with Cambridge through birth, residence or participation in local affairsRelated Policy Order
O-16 Dec 21, 2009
COUNCILLOR MAHER
ORDERED: That Order No. 1 of Apr 13, 2009 on reviewing the policy about naming street corners be referred to the 2010-2011 City Council along with the Oct 27, 2006 report from the City Manager on this issue.
HEARING SCHEDULE
Mon, Jan 11
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Jan 19
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, Jan 25
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 1
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Feb 2
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, Feb 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 1
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Mar 2
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, Mar 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 15
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Mar 16
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, Mar 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 5
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Apr 6
6:00pm School Committee Meeting (Sullivan Chamber)
Mon, Apr 12
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 26
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 Jan 11, 2010
COUNCILLOR SIMMONS
WHEREAS: It has recently been announced that five valued City employees who
comprise the Lead Safe Cambridge program are scheduled to be laid off from their
positions as of March, 2010 due to budgetary concerns; and
WHEREAS: These five individuals have given so much of themselves via the
exemplary way in which they have executed their jobs; they have honored their
contracts by working hard to create a better, healthier community, and
collectively these individuals given over three decades of their service to
Cambridge; and
WHEREAS: Lead Safe Cambridge has, since 1995, supported the de-leading of 800
units and 300 yards; has partnered with Homeowner's Rehab, Inc., Just A Start,
Cambridge Affordable Housing Commission, and other valued community partners;
has ensured that three Federal and State Regulations (which require
municipalities make certain that any rehab project in excess of $5,000 is
performed with proper lead abatement) are adhered to; has assisted predominantly
low-income home owners who agree to keep de-leaded rental units affordable; and
WHEREAS: The City Council and City Manager's Office have been quite vocal in
supporting the employees of other institutions - notably Harvard University,
Hilton Worldwide, and the Marriot Hotels Corporation - when those institutions
engaged in mass layoffs and uncharitable displacement practices towards their
dedicated employees. The City Council and the City Manager's Office have gone on
record as stating that those institutions have a duty to treat all their
employees with the dignity and respect they have earned, and that those
institutions must consider the implications of terminating those long time
workers who would be thrust into a particularly bleak job market; and
WHEREAS: The City of Cambridge must hold itself to the same high standards that
these other institutions are being held to. The City must recognize that it
cannot chastise a Harvard or a Hilton for their seemingly cavalier displacement
practices on the one hand, while simultaneously dismissing its own longtime
employees on similarly questionable grounds on the other; and
WHEREAS: The City of Cambridge has cited economic concerns as the basis for
these five layoffs, yet there is no evidence available that suggests the City's
finances are so dire that the retention of these five employees would cause
substantial harm to the City's budget; and
WHEREAS: The City of Cambridge depends upon its reputation as a fair and
charitable employer in order to attract the very strongest individuals to fill
essential roles at every level of the municipal government. This reputation can
best be preserved by demonstrating its strong commitment to its hardworking
employees; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the
appropriate City department heads and personnel in order to determine
alternatives to laying off the five employees from the Lead Safe Cambridge
program.
O-2 Jan 11, 2010
COUNCILLOR DAVIS
WHEREAS: A regulation adopted last year by the state Board of Fire Prevention
Regulation related to the installation and maintenance of certain smoke
detectors took effect on Jan 1, 2010; now therefore be it
ORDERED: That the City Manager be and hereby is requested to clarify the status
of the new smoke detector regulation and how the regulation relates to Cambridge
residential structures; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the
entire City Council on this matter.
O-3 Jan 11, 2010
COUNCILLOR MAHER
WHEREAS: Several parents from the Cambridgeport and Haggerty Schools have
expressed their concerns on current conditions relating to the
deterioration/safety issues of their school playgrounds; now therefore be it
ORDERED: That the City Manager, in conjunction with the Commissioner of the
Department of Public Works and School Department, be and hereby is requested to
prepare a report with an assessment and a plan for repairs and improvements, if
needed, regarding the present conditions of all of our school playgrounds; and
be it further
ORDERED: That this report be received by the City Council prior to the adoption
of the FY2011 Budget.
O-4 Jan 11, 2010
COUNCILLOR DAVIS
COUNCILLOR MAHER
WHEREAS: House Bill 4410 is an important piece of education legislation that
would give new powers to state and local school officials to turn around
under-performing schools and increase the number of charter schools; and
WHEREAS: City and town officials remain seriously concerned about the deep flaws
in the charter school funding system and there are more than 150 amendments to
H4410, some of which should be supported and some opposed; and
WHEREAS: A final bill is expected to be on the Governor's desk by Jan 14
following an expedited House-Senate Conference committee; now therefore be it
RESOLVED: That the City Council go on record urging passage of the following
amendments:
* Amendments that would reduce the severe financial impact that charter schools
have on local public schools; under the current system, 199 cities, towns and
school districts experience a net loss of $200 million a year to charter
schools, draining valuable resources from classrooms
* Amendments that would improve the process for approving and evaluating charter
schools
* The progressive school management powers included in House 4410 to turn around
under-performing schools and amendments that would enhance these powers; and be
it further
RESOLVED: That the City Council go on record opposing those amendments that
further erode and threaten funding imbalances and management prerogatives as
follows:
* Amendments that would weaken the proposed management powers or enhance the
ability of unions to block action by school districts
* Amendments that would require municipalities and school districts to sell or
lease surplus school facilities to charter schools
* Any new spending mandates on cities, towns and school districts
* Lifting the cap on charter schools; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward copies of
this resolution as soon as possible to the Cambridge legislative delegation on
behalf of the City Council.
O-5 Jan 11, 2010
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to appoint a committee
to pursue the possibility of establishing a sister city relationship in Haiti.
AWAITING REPORT
09-147. Report from the City Manager:
RE: report on what barriers would prevent residents from raising chickens and
what could be done to remove these barriers. Remains on Awaiting Report List at
request of Councillor Davis
Councillor Davis and Full Membership 12/14/09 (O-2)