CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable With Power for a term of three years, effective the first day of Jan, 2008:  Jean M. Rogers

2. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Petition to create protections for solar energy systems’ access to sunlight through a new Section 5.54 - Solar Energy Systems, affecting residential districts with maximum height limit of 45 feet or less. [The Planning Board has reservations about the proposed approach and does not recommend adoption of the petition.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Public Safety Answering Points (PSAP) Grant funded from the Statewide Emergency Telecommunications Board (SETB) for $45,000 to the Grant Fund Emergency Communications Department Salary and Wages account ($31,150), to the Grant Fund Travel and Training account ($8,050) and to the Grant Fund Extraordinary Expenditures account ($5,800) to support training to dispatch personnel in the Emergency Communications Department on new 911 telephone equipment being provided by the State, cross training and other specialized training.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $30,000 from the Water Salary and Wages account to the Water Fund Travel and Training (judgment and damages) account to cover current and anticipated medical services and/or prescription costs for Water Department employees injured in the performance of their duties.

5. Transmitting communication from Robert W. Healy, City Manager, relative to appropriation of a supplemental FY08 grant from the Office of the Attorney General, Local Consumer Aid Fund for $2,000 to the Grant Fund License Commission (Consumer’s Council) Salaries and Wages account which was provided in recognition of the Cambridge Consumer Council’s ability to provide temporary coverage of another consumer office, which was shut down due to the illness of the one-person office and will be used to cover Cambridge Consumer Council staff costs.

6. Transmitting communication from Robert W. Healy, City Manager, relative to reappointment of Jacqueline Adams as a member of the Cambridge Housing Authority for a term of five-years, effective Oct 1, 2007.  Kelley voted NO.

ON THE TABLE
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Oct 24, 2007 for the purpose of considering a proposed ordinance to establish minimum side yard requirements that provide inter alia that no structures may be placed nearer than seven feet six inches to the side lot line. [Placed on the Table on motion of Councillor Murphy on Dec 10, 2007. Petition expires Jan 22, 2008.]

UNFINISHED BUSINESS
2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on Nov 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after Feb 14, 2005. [Four sections of the proposed amendment were passed to be ordained as amended. Ordinance #1284. The remaining proposed amendments to chapter 2.74 remain on unfinished business.]

3. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

4. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Nov 28, 2007 for the purpose of considering a proposed amendment to Chapter 2.112 of the Cambridge Municipal Code to ensure that the persons and businesses supplying goods and/or services to the City of Cambridge utilize fair policies relating to the screening and identification of persons with criminal backgrounds through the CORI system. The question comes on passing to be ordained on or after Dec 24, 2007.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City’s self-evaluation on the website. [Charter Right exercised by Councillor Kelley on City Manager Agenda Item Number Sixteen of Dec 10, 2007. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Kelley.]

7. That the matter of the election of the Mayor be referred to Unfinished Business.
Denise Simmons was elected mayor; Brian Murphy was elected vice-chair of the City Council

APPLICATIONS AND PETITIONS
1. An application was received from the Boston Rape Crisis Center, requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing the Third Annual Walk for Change on Apr 6, 2008.

2. An application was received from Berkeley Barber Shop, requesting permission for a sandwich board sign in front of 22 Eliot Street.

RESOLUTIONS
1. Resolution on the death of Joseph A. Saccoccio.   Councillor Toomey

2. Resolution on the death of Dorothy R. (Flaherty) Heron.   Councillor Toomey

3. Resolution on the death of Phebe C. Leighton.   Councillor Davis

4. Best wishes on the production of Spectacular which will returning to the Boston Opera House.   Councillor Reeves

5. Retirement of John Devaney from the Cambridge Hospital.   Councillor Davis

6. Retirement of Patricia Callahan from the Cambridge Hospital.   Councillor Davis

7. Retirement of David Sullivan from the Cambridge Hospital.   Councillor Davis

8. Retirement of Rosemary Robertson from the Cambridge Hospital.   Councillor Davis

9. Retirement of Betty Hayward from the Cambridge Hospital.   Councillor Davis

10. Resolution on the death of Irene (Niemynski) Young.   Councillor Toomey

11. Retirement of Doris Murphy from the City Clerk’s Office.   Councillor Davis

12. Retirement of Barbara Silveira from the Public Works Department.   Councillor Davis

13. Resolution on the death of Manfredi M. Grassi.   Councillor Toomey, Councillor Simmons, Councillor Maher

14. Resolution on the death of Private First Class Juctin McDaniel.   Councillor Decker
15. Resolution on the death of Private Daren Smith.   Councillor Decker
16. Resolution on the death of Specialist Johnathan Lahmann.   Councillor Decker
17. Resolution on the death of Specialist Brynn Naylor.   Councillor Decker
18. Resolution on the death of Sergeant Austin Pratt.   Councillor Decker
19. Resolution on the death of Private First Class George Howell.   Councillor Decker
20. Resolution on the death of Sergeant Samuel Kelsey.   Councillor Decker
21. Resolution on the death of First Lieutenant Jeremy Ray.   Councillor Decker
22. Resolution on the death of Chief Petty Officer Mark Carter.   Councillor Decker 23. Resolution on the death of Sergeant Benjamin Portell.   Councillor Decker
24. Resolution on the death of Sergeant Peter Neesley.   Councillor Decker
25. Resolution on the death of Specialist Randy Pickering.   Councillor Decker
26. Resolution on the death of Sergeant Bryan Tutten.   Councillor Decker
27. Resolution on the death of Captain Rowdy Inman.   Councillor Decker
28. Resolution on the death of Sergeant First Class Jonathan Lowery.   Councillor Decker

29. Congratulations to Ms. Louise Dunlap on her new book entitled "Undoing the Silence: Six Tools for Social Change Writing."   Councillor Simmons

30. Congratulations to CitySprouts for being selected as a 2008 Social Innovator by the Social Innovation Forum.   Councillor Davis

31. Resolution on the death of Frances T. (Martin) Albergo.   Councillor Toomey

32. Speedy recovery wishes to Elaine Marchant.   Councillor Davis, Councillor Toomey, Councillor Decker

33. Thanks to Susan Strang for her service to the citizens of Cambridge.   Councillor Reeves

34. Declare January as National Stalker Awareness Month.   Councillor Reeves

35. City Council support of the Initiative to Address Domestic Violence in the Workplace.   Councillor Simmons, Councillor Toomey, Councillor Davis

36. Best wishes to the NAACP Cambridge Branch on the occasion of its 23rd Annual Reverend Dr. Martin Luther King, Jr. Memorial Breakfast.   Councillor Reeves

37. Welcome to Mariam White-Hammond Charles Ogletree on the occasion of being keynote speaker for the 33rd Annual Birthday Commemoration of Reverend Dr. Martin Luther King, Jr. at the Central Square Library.   Councillor Reeves  Amended

38. Welcome to Tavis Smiley on the occasion of his delivery of the keynote speech at the Cambridge NAACP Annual Reverend Dr. Martin Luther King, Jr. Breakfast.   Councillor Reeves

39. Declare February as Black History Month.   Councillor Reeves

40. Condolences to Ms. Beverly Morgan-Welch on the loss of her husband, Reverend Mark Welch, Jr.   Councillor Simmons

41. Condolences to Ms. Pam Godding-Vassar on the loss of her mother, Ms. Mabel Steed.   Councillor Simmons

42. Best wishes to Central Square Library on their 33rd celebration of Dr. Martin Luther King, Jr.’s birthday.   Councillor Reeves

43. Resolution on the death of James Papalambros.   Councillor Toomey

44. Resolution on the death of Lillian T. (Sullivan) Lewicki.   Councillor Toomey

45. Resolution on the death of Kathleen J. (Hoffman) Priest.   Councillor Toomey

46. Resolution on the death of Jean E. (McKerrall) Haley.   Councillor Toomey

47. Happy 40th Birthday to Kaesta Campbell Smith.   Councillor Reeves

48. Resolution on the death of Janice "Jan" (Johnson) Dodier.   Councillor Toomey

49. Resolution on the death of Marion N. Stavrinos.   Councillor Toomey

50. Resolution on the death of Mary Louise (Mahoney) Duffy.   Councillor Toomey

51. Resolution on the death of Vincent J. Fontano.   Councillor Toomey

52. Resolution on the death of Augusta Sullivan.   Councillor Toomey

53. Urge residents to be cognizant of The American Red Cross grand opening of a photography exhibit entitled "A Memory of Humanity: From Solferino to Guantanamo" at the Suffolk Law School Adams Gallery at 120 Tremont Street in Boston on Jan 31, 2008.   Councillor Toomey

ORDERS
1. That the City Manager is requested to confer with the Police Commissioner and the City Electrician on the possibility of installing call boxes in Area 4 parks.   Councillor Toomey and Councillor Simmons

2. That the City Manager is requested to confer with the MBTA with the view in mind of lighting the city mural on the Alewife MBTA building and report back to the City Council on this matter.   Councillor Davis

3. That the City Manager is requested to publish the Cambridge snow removal policies in the Cambridge Chronicle and other local papers several times during the winter months.   Councillor Davis
Charter Right - Decker

4. That the City Manager is requested to investigate traffic calming measures on Sacramento Street.   Councillor Davis  Amended

5. That the City Manager is requested to instruct the Election Commission to work with the School Department to set up extra polling booths in schools so that 5th and 6th graders can hold a mock election.   Councillor Murphy

6. That the City Manager is requested to join MassRecycle’s "Mass Recycles Paper!" Campaign, urge residents to use paper recycling services and serve as a role model by recycling waste paper from all municipal offices.   Councillor Murphy

7. That the City Council go on record requesting that the Cambridge Legislative Delegation work to correct the law which eliminates NSTAR’s electricity bill discount to fuel assistance eligible tenants if heat becomes part of their subsidized rent.   Councillor Davis

8. That the City Manager is requested to confer with the Commissioner of Inspectional Services to take all necessary steps for immediate and comprehensive enforcement of the applicable law relative to 282-290 River Street, and to report back to the City Council with respect to the outcome.   Councillor Seidel

9. That the City Manager is requested to confer with the appropriate departments to discuss the feasibility of bringing a program similar to San Francisco’s "Bank on San Francisco" which helps unbanked households in San Francisco into the financial mainstream by helping them to open a low-cost, starter bank account.   Councillor Decker

10. That the City Manager is requested to refrain from finalizing any land agreement concerning 122 Clifton Street until the questions about contamination, easements, purchase prices and the legality of the transfer of this public land to a private party have been provided to the City Council and the general public.   Councillor Kelley

11. That the City Manager is requested to allocate an additional $300,000 to immediately survey the City’s streets for bicycle hazards and to clearly identify bicycle hazards with brightly colored paint so cyclists can better avoid them.   Councillor Kelley

12. That the City Manager is requested to report back to the City Council on the feasibility of Cambridge’s working with the Middlesex County Sheriff to obtain similar assistance in our snow shoveling, landscape maintenance and other relevant activities.   Councillor Kelley

13. That the City Manager is requested to confer with the appropriate departments and housing organizations on the status of how long recipients of affordable housing have lived within Cambridge before receiving the housing and how many recipients have never lived within the City of Cambridge and report back to the City Council.   Councillor Toomey

14. That the Mayor is requested to schedule a joint meeting with the Planning Board and the City Council to discuss the city's energy efficiency and green agenda.   Councillor Davis

15. City Manager is requested to present to the City Council a plan for municipal election coverage, including the following education process in advance of election; and election night coverage to make sure that results are widely disbursed.   Councillor Davis

16. City Manager is requested to confer with the Assistant City Manager for Community Development to report back to the City Council on any protections, by ordinance, regulation or other mechanism, provided by other mechanism, provided by other municipalities for solar energy systems installed by residents.   Councillor Davis

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on Dec 4, 2007 to discuss cable coverage of the municipal election.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Dec 12, 2007 for the purpose of considering proposed amendments to Chapter 13.16 of the Cambridge Municipal Code "Sewer System Regulations."
Passed to 2nd Reading

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Dec 12, 2007 for the purpose of considering a proposed amendment to Section 5.40 Special Dimensional Requirements of the Cambridge Zoning Ordinance by adding a new section 5.54 to protect solar energy systems.
Passed to 2nd Reading

HEARING SCHEDULE
Mon, Jan 14
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Jan 28
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Feb 4
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Feb 11
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Feb 25
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Mar 3
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Mar 10
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Mar 17
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Mar 24
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Mar 31
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Apr 7
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Apr 14
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, Apr 28
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, May 5
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, May 12
5:30pm   City Council Meeting  (Sullivan Chamber)
Mon, May 19
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Jan 14, 2008
COUNCILLOR TOOMEY
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner and the City Electrician on the possibility of installing call boxes in Area 4 parks.

O-2     Jan 14, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the MBTA with the view in mind of lighting the city mural on the Alewife MBTA building and report back to the City Council on this matter.

O-3     Jan 14, 2008  Charter Right - Decker
COUNCILLOR DAVIS
WHEREAS: Residents do not know who is responsible for clearing the snow from the corners of streets or from storm drains; now therefore be it
ORDERED: That the City Manager be and hereby is requested to publish the Cambridge snow removal policies in the Cambridge Chronicle and other local papers several times during the winter months.

O-4     Jan 14, 2008  Amended
COUNCILLOR DAVIS
WHEREAS: Sacramento Street has two playgrounds, a pre-school, the Baldwin School and many families with young children; and
WHEREAS: The speed limit on Sacramento Street is 25 mph which means folks often drive faster and also speed up to make the light at the corner of Sacramento and Oxford, thus creating a dangerous situation for young children; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate traffic calming measures on Sacramento Street; 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-5     Jan 14, 2008
COUNCILLOR MURPHY
WHEREAS: The Commonwealth of Massachusetts is holding historic primary elections on Tues, Feb 5, 2008; and
WHEREAS: Several polling places are at elementary schools; and
WHEREAS: Childhood involvement in elections is a predictor of future propensity to vote as an adult; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Election Commission to work with the School Department to set up extra polling booths in schools so that 5th and 6th graders can hold a mock election.

O-6     Jan 14, 2008
COUNCILLOR MURPHY
WHEREAS: The Massachusetts Department of Environmental Protection estimates that the citizens and businesses of Massachusetts throw away 1.5 million tons of paper each year; and
WHEREAS: It costs the taxpayers of Massachusetts and estimated $100 million per year to dispose of this paper; and
WHEREAS: Post-consumer paper is a valuable commodity that, when recycled, generates millions of dollars for cities, towns and businesses; and
WHEREAS: Recycling paper saves energy and reduces greenhouse gas emissions; and
WHEREAS: Recycling adds significantly to the Massachusetts economy through the creation of nearly 20,000 recycling industry jobs with a combined annual payroll of $557 million; and
WHEREAS: Many of the Commonwealth’s citizens and businesses are not aware of the broad spectrum of paper products that can be recycled instead of thrown away; now therefore be it
ORDERED: That the Cambridge City Council requests that the City of Cambridge, through the City Manager, do the following:
  *Join MassRecycle’s "Mass Recycles Paper!" Campaign by endeavoring to educate its citizens about the importance of recycling paper for environmental and economic reasons;
  *Encourage its residents to use the paper recycling services provided to the maximum extent possible; and
  *Serve as a role model by recycling waste paper from all of its municipal offices.

O-7     Jan 14, 2008
COUNCILLOR DAVIS
WHEREAS: People who meet the requirements and receive fuel assistance also get a Residential Discount Rate for their electricity with NSTAR; and
WHEREAS: This discount on the electricity bill is lost when the person’s heat becomes part of their subsidized rent; and
WHEREAS: NSTAR has no control over the requirements and the remedy is at the State legislative level; now therefore be it
RESOLVED: That the City Council go on record requesting that the Cambridge legislative delegation look into this problem and propose a legislative remedy for this unintended consequence of the State law as currently written; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Legislative Delegation to the Great and General Court of Massachusetts.

O-8     Jan 14, 2008
COUNCILLOR SEIDEL
WHEREAS: It has come to the attention of the Cambridge City Council that work is progressing at 282-290 River Street in violation of a stop work order issued by the Commissioner of Inspectional Services (see attachment); now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Inspectional Services to take all necessary steps for immediate and comprehensive enforcement of the applicable law relative to this project, and to report back to the City Council with respect to the outcome.

O-9     Jan 14, 2008
COUNCILLOR DECKER
WHEREAS: Many residents are unable to open checking and savings accounts based upon their credit history or because they lack the proper identification; and
WHEREAS: A program in San Francisco called "Bank on San Francisco" helps unbanked households in San Francisco into the financial mainstream by helping them to open a low-cost, starter bank account; and
WHEREAS: The "Bank on San Francisco" program works with financial institutions in the city to demonstrate leadership and to help remove the barriers that low-income families face in opening a bank account; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of bringing such a program to Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to report back his findings to the City Council.

O-10     Jan 14, 2008
COUNCILLOR KELLEY
WHEREAS: The MBTA owned property at 122 Clifton Street in North Cambridge has recently been purchased by a private developer; and
WHEREAS: This property was assessed for $346,000 but was purchased for $251,000; and
WHEREAS: The new owner of this property has applied for multiple variances to develop it; and
WHEREAS: This property apparently has a sewer pipe running through it for which the City has no easement; and
WHEREAS: The Cambridge Law Department may have approved the MBTA’s transfer of public park land under city control to a private developer last June in possible violation of Article 17 of the Massachusetts Constitution; and
WHEREAS: Members of the public are experiencing difficulty in obtaining relevant records to ascertain the wisdom of supporting the variance requests; and
WHEREAS: This property, to include a possible subdivision that may be conveyed to the City, is adjacent to Russell Field, close to W.R. Grace and may be contaminated with waste material or asbestos as has been the case with other nearby property; and
WHEREAS: The public has not yet had an opportunity to review the environmental review of the property; now therefore be it
ORDERED: That the City Manager be and hereby is requested to refrain from finalizing any land agreement concerning 122 Clifton Street until the questions about contamination, easements, purchase prices and the legality of the transfer of this public land to a private party have been provided to the City Council and the general public.

O-11     Jan 14, 2008
COUNCILLOR KELLEY
WHEREAS: Cambridge’s streets are cratered with potholes and other road hazards that make bicycling unnecessarily dangerous; and
WHEREAS: Too many cyclists have been injured by potholes on Cambridge streets, often with the result of having to pay large medical bills because of the City’s limited liability; now therefore be it
ORDERED: That the City Manager be and hereby is requested to allocate an additional $300,000 to immediately survey the City’s streets for bicycle hazards and to clearly identify bicycle hazards with brightly colored paint so cyclists can better avoid them; and be it further
ORDERED: That the City Manager be and hereby is requested to perform relevant maintenance to remove the identified hazards as quickly as possible; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council at its meeting of Jan 28, 2008 on whether these funds have been or will be allocated to do this emergency safety work or whether additional funds are required for this work.

O-12     Jan 14, 2008
COUNCILLOR KELLEY
WHEREAS: The Sheriff of Worcester County uses inmates to assist municipalities in snow shoveling and other civic programs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility of Cambridge’s working with the Middlesex County Sheriff to obtain similar assistance in our snow shoveling, landscape maintenance and other relevant activities.

O-13     Jan 14, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments and housing organizations on the status of how long recipients of affordable housing have lived within Cambridge before receiving the housing and how many recipients have never lived within the City of Cambridge and report back to the City Council.

O-14     Jan 14, 2008
COUNCILLOR DAVIS
ORDERED: That the Mayor be and hereby is requested to schedule a joint meeting with the Planning Board and the City Council to discuss the city's energy efficiency and green agenda.

O-15     Jan 14, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to present to the City Council a plan for municipal election coverage, including the following:
    education process in advance of election; and 
    Election night coverage to make sure that results are widely disbursed.

O-16     Jan 14, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to report back to the City Council on any protections, by ordinance, regulation or other mechanism, provided by other mechanism, provided by other municipalities for solar energy systems installed by residents.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on Tues, Dec 4, 2007 at three o’clock and twenty-five minutes p. m. in the Ackermann Room.

The purpose of the meeting was to discuss cable coverage of the municipal election.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Richard Rossi, Deputy City Manager; Ini Tomeu, Public Information Officer; Louis DePasquale, Assistant City Manager for Fiscal Affairs; Marsha Weinerman, Executive Director, Election Commission; Calvin Lindsay, Director, Municipal Cable; Dhonyale Jones, Municipal Cable; and Donna P. Lopez, Deputy City Clerk. Also present was Robert Winters, 366 Broadway, Cambridge, MA.

Councillor Davis opened the meeting and stated the purpose. She wanted to discuss cable coverage of the municipal election. She stated that her concern was that the public had no way of knowing what was going on at the count. Mr. Rossi stated that when information is not flowing it is confusing to the public. In the future he suggested having a camera or live feed at the count; this could be scripted out before the election. The process could be outlined and then preliminary results provided with the unofficial results posted. When there is a problem that could also be announced. Preliminary results are not reported because the auditor is working on counting the ballots. There is an interest by the public at large in election results. He spoke of the fun versus the business part of the election. This scenario could be perfected by the next election; the city administration could work on this aspect.

Councillor Davis asked if there is a budgetary issue for the commentary. Mr. Rossi responded that this is not a monetary issue. Mr. Lindsay stated that in order to wire the Senior Center it might cost $60,000. Mr. Rossi stated that the administration would work to develop a proposal so that the election is covered live at intervals throughout the day.

Councillor Davis asked if the information could be fed from a video line. Ms. Tomeu stated that she would check this with the city’s IT department.

Councillor Davis inquired if there were any other ideas about election coverage.

Mr. DePasquale stated that from his perspective he wants to know the results – even if they are preliminary. No results from the municipal election were given for two hours. He suggested that election coverage should begin at 9:00pm with a commentary: if all goes well results will be given at a specific time frame. If there is a problem it should be noted on the cable channel. Mr. Winters commented that if the public is not given some information, theories are formed and are not always positive. Mr. DePasquale suggested that election updates be reported every half hour after the 9:00pm coverage start time. Mr. Lindsay also stated that an explanation of PR voting could be broadcast.

Ms. Tomeu stated that the municipal election results were posted on the city’s web site. Councillor Davis wanted to use the cable channel for results to keep voters engaged. Mr. Lindsay stated that the issue is that there is no video feed. The information has to get to the wire. He stated that he would report back on the cost of renting a truck so that production could be done. Wire could be brought to the Senior Center from City Hall. He stated that the commitment to cover the election is a major production undertaking.

Councillor Davis discussed the interviews that were conducted. Mr. Lindsay stated that there was no problem with the interviews.

Mr. DePasquale inquired if all went well what time frame is realistic to expect to get unofficial results. Councillor Davis responded 11:00pm.

Ms. Weinerman stated that she loves live coverage. She explained that the auditor must check the ballots. If discrepancies are found they must be rectified. She liked the idea of constant updates but the auditor needs to verify results. She suggested a video of the Public Works Department making the election signs, posting the signs and the Police Department collecting the ballot boxes.

A discussion ensued about information that could be cablecast. Suggestions made were a promo on PR election and any historical documentation on how the count was done with paper ballots. Mr. Winters suggested information is provided on how the transfer process occurs. He has a clip done by John Cleese on PR. It was suggested the information could be presented using animation. He further cited the confusion with the terminology of preliminary, final unofficial and official results. Ms. Tomeu informed the committee that the March edition of Cambridge Life could have a spread on PR. The public should be educated about why they should vote, stated Councillor Davis.

Councillor Davis identified three matters that have been discussed:
1. education about how the election works;
2. reporting election results on election night; and
3. reporting final election results.

Ms. Weinerman stated that per a new state law the city must wait ten days after the election for overseas and absentee ballots to be counted in order to declare the election results final. Councillor Davis commented that in previous years official results were listed on Wednesday before the state law was changed. Candidates are interested in their placement. Mr. DePasquale also stated that people want to know where the surplus votes get distributed. The Election Commission has hard copies of this information stated Ms. Weinerman. Information is also sought about the last election stated Mr. Winters. He suggested historical footage should be shown. Ms. Tomeu stated that an archive of historical events could be put on the city’s web page. Councillor Davis asked Mr. Winters to make available to the City the animation and historical information.

Councillor Davis suggested signing up for e-line to get election results. Ms. Tomeu informed the committee that there are 2,000 subscribers to e-line. Ms. Weinerman suggested having sign up for e-line on the Election Commission’s home page.

At this time Councillor Davis submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to present to the City Council a plan for municipal election coverage, including the following:
  * education process in advance of election; and
  * Election night coverage to make sure that results are widely disbursed.

The motion – Carried.

Councillor Davis thanked all attendees. The meeting adjourned at four o’clock and forty minutes p.m.

For the Committee,
Councillor Henrietta Davis, Chair

Committee Report #2
The Ordinance Committee held a public hearing on Wed, Dec 12, 2007, beginning at four o’clock and thirty-two minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering proposed amendments to Chapter 13.16 of the Cambridge Municipal Code "Sewer System Regulations" (Attachment A).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee; City Clerk D. Margaret Drury; Lisa Peterson, Commission of Public Works; Owen O’Reardon, City Engineer; James Wilcox, Director of Engineering Services, Department of Public Works (DPW); and Catherine Woodbury, Storm Water Management Coordinator (DPW).

Councillor Murphy convened the hearing and stated the call of the meeting. He invited Commissioner Peterson to describe the proposed amendments. Ms. Peterson explained that the proposed changes are necessary to comply with the requirements of the City’s Phase II permit to discharge storm water from our separated storm water outfalls. The Phase II program covers urbanized areas in the United States not covered under the Phase I program. Like the Phase I program, it is a creation of the U.S. Environmental Protection Agency (EPA) as part of the EPA’s National Pollution Discharge Elimination System (NPDES) in furtherance of the goals of the federal 1972 Clean Waters Act to eliminate the discharge of pollutants into waterways. During rain events, pollutants such as litter, oil and grease from roadways, sediment from construction sites and carelessly discharged chemicals are washed into catch basins and discharged to local waterways, often untreated.

Under the Phase II program, regulated communities are required to ensure that on or before the expiration of their permit (May 1, 2008), they have legal authority to prohibit non-stormwater discharges (illicit discharges) and implement enforcement thereof. They are also required to develop, implement and enforce programs to reduce pollutants in runoff water to the separated stormwater drainage from construction or post-construction activities for new developments that disturb at least one acre and discharge into the municipal separated system.

DPW staff members working to ensure that Cambridge ordinances are in compliance with the City’s PDES Phase II permit have concluded that these requirements are not adequately addressed in the current ordinances. The proposed revisions would broaden the coverage under the ordinance by including discharges from stormwater and construction activities and by enhancing enforcement and rulemaking authority.

Councillor Murphy asked whether under the revised ordinance the City Manager would still have the ability to authorize the City to pay for the sewer and storm drain separation for properties constructed many years ago when there was no separation requirement, in situations where the current homeowner cannot afford to pay for the separation now required. Mr. O’Reardon answered that the City Manager would still have that authority in such situations, as long as the current owner took no illegal action to combine the sewer and stormwater system, as is currently a condition for City payment for the separation.

Councillor Murphy moved that the proposed ordinance be forwarded to the full City Council with a favorable recommendation. The motion passed without objections

Councillor Murphy thanked all those present for their participation. The meeting was adjourned at four o’clock and thirty-seven minutes p.m.

For the Committee
Councillor Brian Murphy, Chair

Committee Report #3
The Ordinance Committee held a public hearing on Wed, Dec 12, 2007, beginning at five o’clock and fifty minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to Section 5.40 Special Dimensional Requirements of the Cambridge Zoning Ordinance by adding a new section 5.54 to protect solar energy systems. (Attachment A).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee; Councillor Henrietta Davis; City Clerk D. Margaret Drury; Lester Barber, Director of Land Use and Zoning, Community Development Department (CDD); Iram Farooq, Project Planner, CDD; and Donald Drisdell, City Solicitor.

Councillor Murphy convened the hearing and stated the call of the meeting. He then invited comments from interested members of the public.

Alec Wysocker, 36 Jay Street, described the petition and its purpose. He stated that the intent of the petition is to protect the functionality of solar energy systems that residents have spent a good deal of money to install in residential districts with a maximum height of 45 feet or less. Toward that end, new construction that would cast a shadow on a solar energy system on Dec 21st during the protected solar time would not be allowable if the shadow would be greater than the shadow that a 15 foot fence would cast, with a few exceptions. The protected solar time is defined as the time between two hours before and two hours after local solar noon on a clear winter solstice day. He submitted two diagrams to illustrate the effect of the proposal (Attachments B and C).

Mr. Wysocker said that the amendment would only protect solar energy systems that have been in place for a year as of the date of the building permit application for the construction. In addition, the amendment would not apply to an otherwise conforming object, structure or vegetation that casts no more shadow than is cast by existing objects, structures or vegetation.

Furthermore, if there is a viable alternative site on the resident’s property to which the solar energy system could be moved, then the person seeking the building permit could pay the cost of moving the system to the alternative site and then go ahead with the construction. If the resident refused to allow his or her solar energy system to be moved or replaced, the proponent of the development could apply to the Board of Zoning Appeal for a Special Permit to waive the Solar Energy System rule.

Mr. Wysocker informed the committee that he has a solar energy system on his building, and a developer will soon be filing for a building permit for construction on an adjacent lot that would be prohibited under this rule. In his case, the developer has already agreed to pay for a new solar energy system, but without some sort of protection an unreasonable developer could ruin the functioning of an expensive system. This would be a particularly egregious result in view of Cambridge’s public policy to encourage alternative energy use.

Mr. Wysocker stated that other communities have taken action to protect residents’ investments in solar energy systems. He said that Boulder, Colorado has the concept of a "solar fence" to protect solar access in general. Santa Cruz, California specifically protects solar energy systems, even those that are in the planning stage for building within the next year. He noted that the zoning enabling legislation, M.G.L. Ch 40A includes some consideration of solar access in Section 9b.

Dr. Harvey Bauman, 19 Bay Street, stated that he installed solar hot water heat in 1980, and the system has only needed two repairs in the whole time of its existence. It is a great system and should be used more. Dr. Bauman spoke in support of the proposed amendment as a very reasonable plan. He opined that it is time that communities like Cambridge start taking affirmative steps to encourage and protect investment by citizens in alternative energy.

Sue Butler, Clinton Street, Cambridge Green Decade, offered strong support of the proposal, both personally and on behalf of Green Decade. She said that she has a solar heating system and is very pleased with it.

Guy Asaph, Cambridge developer, said that he is purchasing the building located beside Alec Wysocker’s residence. He said that there was no question in his mind that something would have to be done enable him to build and Mr. Wysocker to still have the benefit of his investment and the alternative energy source he had planned on. So this proposal would not affect his plans for the property he purchased.

He commented that, on the more general level, so many proposals for changing the land use laws happen in response to particular developments. It seems to him that there is a strong anti-development sentiment in Cambridge. He suggested that there be consideration of laws that encourage and provide incentives for the right kind of development instead of more prohibitions. He is hoping that the development that he is planning next to Mr. Wysocker can be a model for what can be achieved as a green building. He also urged that the committee give some thought to the irony of spending as much as $10,000 to relocate a solar panel that will produce $300 of value per year.

Councillor Davis stated that if the City expects people to invest lost of money in the creation of solar systems, then the City must protect the viability of these systems. She stated that she would like to hear more about the Santa Cruz experience in particular and any other community protections for solar systems. She submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to report back to the City Council on any protections, by ordinance, regulation or other mechanism, provided by other municipalities for solar energy systems installed by residents.

The motion passed on a voice vote without objection.

Thereupon Councillor Davis moved that the proposed amendment be forwarded to the City Council with a positive recommendation. The motion passed on a voice vote without objection.

Councillor Murphy thanked all those present for their participation. The meeting was adjourned at six o’clock and fifteen minutes p.m.

For the Committee
Councillor Brian Murphy, Chair

AWAITING REPORT
08-01. Report from the City Manager:
RE: report on enforcement statistics for traffic control during storms so that cars do not block intersections.
Councillor Davis 12/17/07 (O-5)