CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-67, regarding a report on allowing resident parking privileges to Zip Car users.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-185, regarding a report on allowing neighborhood residents to park in the East Cambridge garage.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-207, regarding a report on the status of any vacant units in the Jefferson Park housing development.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-208, regarding a report on whether there are any proposed rent increases for state or federal housing units.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-191, regarding a report on policies implemented by the City of Vancouver and other communities that have incorporated family housing into their development and zoning policies.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-197, regarding a report on a study commission dealing with the review of the previous study of No. Massachusetts Avenue.

7. Transmitting communication from Robert W. Healy, City Manager, relative to a Petition from the Planning Board on the Prospect Street Rezoning.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer from the General Fund Reserve Other Ordinary Maintenance Account for $3,100 to the Public Celebrations (Arts Council) Other Ordinary Maintenance Account for the purpose of funding annual license agreements with three companies, American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. which license public performances of renditions of musical compositions in the repertory of these companies.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $124,000 from Street Preservation Offset Fee (SPOF) Fund to the Public Investment Fund Public Works Department Extraordinary Expenditures account and will be used to perform citywide pavement maintenance work on streets with utility cuts.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of user fees received from Cambridge Homeless Service Provider Agencies and surrounding communities to support the Cambridge Homeless Management Information System (HMIS), a citywide tracking system for homeless persons receiving services through the participating programs, in the amount of $1,200.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Massachusetts Housing and Shelter Alliance grant funded by the Department of Transition Assistance for $88,979 to the Grant Fund Human Service Programs Salary and Wages account ($81,867) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($7,112) and will be used to support the Carey Men’s Transitional Program operated by the Multi Service Center.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following Cambridge Police Officers in the Traffic Division (truck enforcement) as public weighers for the calendar year 2007 to operating portable truck scales Citywide: Lt. John Albert, Sgt. Michael Maffei, Officer William Arthur, Jr., Officer Anthony Cacciola, Officer Michael Medeiros, Officer David Szeto

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as public weighers for the calendar year 2007 to operate scales at Boston Sand & Gravel Company, located at 500 Front Street, Cambridge: Jake Howe, Dave Riccardi, Alan Carbone, Tim Hickey, George Bento, Dave Thebarge, Mike Roy, Scott Prentiss, Jody Staples, Joseph Olsen, Ray Broderick, Donald Robidou and Bob Ferguson

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as public weighers for the calendar year 2007 to operate scales at MICH-LIN transfer station located at 45 Mooney Street: Kimberley Imochi Vendetti, JoAnn Del Vecchio, Amanda Noonan, Bryan Burdge, Edmund Curran, John Lynch, Charles J. Mabardy, Joseph Mabardy, Jr., James Mabardy, Daniel Pasquarosa, and Chuck Wainwright

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 06-174, regarding a report on the construction details and timeline for the BU Bridge repairs.

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-01, regarding the status of appointing the Immigrants Rights & Citizenship Commission.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as members of the Cambridge Board of Zoning Appeal effective Jan 19, 2007:
Brendon Sullivan (Full Member) - Five year term
David M. Glynn (Associate Member) - Two year term
Sean D. Hope (Associate Member) - Two year term
Mahmood R. Firouzbakht (Associate Member) - Two year term

CHARTER RIGHT
1. That the City Manager is requested to confer with the City Solicitor whether the City of Cambridge should seek legal representation or take legal action to restore the three majority Cambridge legislative seats. [Charter Right exercised by Councillor Simmons on Order Number Twenty-One of Jan 8, 2007.] PLACED ON FILE UNDER RULE 19

ON THE TABLE
2. Transmitting communication from Robert W. Healy, City Manager relative to Awaiting Report Item Number 06-06 of Feb 27, 2006, regarding a report on the legality of the banners in front of the Dunkin’ Donuts at 2480 Massachusetts Avenue and at other location in the City. [Placed on Table on the motion of Councillor Kelley on Feb 27, 2006.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny the Jitney License application of Star Shuttle, Inc. [Placed on Table City Manager Agenda Number Six of Nov 6, 2006 on the motion of Councillor Davis on Nov 6, 2006.]

4. That the City Manager is requested to report back to the City Council on monies expended to needy veterans and their families. [Placed on Table Order Number Seven of Nov 6, 2006 on the motion of Councillor Kelley on Nov 6, 2006.]

UNFINISHED BUSINESS
5. 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.]

6. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering a proposed amendment to the zoning ordinance filed by the City Council to require public review for smaller scaled residential and commercial developments in Business A, Business A-1, and Business A-2 Districts, and to limit the height in Business A-2 districts to 35 feet within 50 feet of residential district with a 35 foot height limit and to require 20 foot side yard setbacks in BA-2 districts for side yards that abut residential lots. The question comes on passing to be ordained on or after Jan 22, 2007. Petition expires Mar 13, 2007.

APPLICATIONS AND PETITIONS
1. An application was received from Across the River Salon, requesting permission for three awnings at the premises numbered 90 Hampshire Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

2. An application was received from Inman Realty Associates, requesting permission for a sandwich board sign in front of premises numbered 245 Hampshire Street.

COMMUNICATIONS
1. A communication was received from Eugene C. Brune, Register of Deeds, transmitting sincere thanks for the resolution on being re-elected to the position of Register of Deeds.

2. A communication was received from Thomas A. Halsted, For the Children of Isabella Halsted, transmitting appreciation for the resolution of sympathy.

3. A communication was received from Francesco J. Spagna, Simpson Gumpetz & Heger, Inc., 41 Seyon Street, Waltham, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

4. A communication was received from Rachel A. Bray, 135 Federal Street, Belchertown, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

5. A communication was received from Michelle M. Manion, Garfield Street, Cambridge, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

6. A communication was received from Virginan Prescott, 22 Varnum Street, Arlington, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

7. A communication was received from Victor Manfredi, 13 Acorn Street, Cambridge, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

8. A communication was received from Dr. Lisa Eck, Framingham State College, 100 State Street, Framingham, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

9. A communication was received from Luisette Delva, 7 Bellevue Terrace, Medford, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

10. A communication was received from Jared Katsiane, 567 Tremont Street, Boston, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

11. A communication was received from Margaret Oakland, 7 Blueberry Hill Road, Andover, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

12. A communication was received from Elise Dietrich, 119 Harvard Street, Cambridge, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

13. A communication was received from Sharon Kivenko, 5 Lesley Avenue, Somerville, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

14. A communication was received from Evelyn Rosenthal, 93 Concord Avenue, Somerville, urging the City of Cambridge officials to resolve any issues surrounding the construction of the Brazilian Cultural Center at 310 Webster Avenue.

15. A communication was received from Margaret Brisson, transmitting thanks for the resolution honoring her husband Judge Norman Brisson.

16. A communication was received from Peggy Heywood, transmitting deep gratitude to the City Council for the resolution on the death of their son Stephen Heywood.

17. A communication was received from Kathy Podgers, regarding Martin Luther King, Jr.

18. A communication was received from Roy Bercaw, regarding the psychological condition of City Councillors.

19. A communication was received from Roy Bercaw, regarding abuses and mail tampering.

20. A communication was received from Judy Bagaley, regarding the boundary amendment to remove Raymond Street from the Avon Hill Neighborhood Conservation District.  REFERRED TO COMMITTEE REPORT #3

RESOLUTIONS
1. Resolution on the death of James M. Kelly, Boston City Councilor.   Councillor Sullivan, Vice Mayor Toomey, Councillor Galluccio

2. Resolution on the death of Frederick P. Valente.   Councillor Galluccio
RESOLUTION PREVIOUSLY ADOPTED. SEE RESOLUTION #118 OF JANUARY 8, 2007

3. Resolution on the death of Mary Varone-Ciaramaglia.   Councillor Galluccio

4. Welcome to Mayor Johnny Ford to Cambridge.   Mayor Reeves

5. Congratulations to Mayor Kenneth E. Reeves on being honored by the Union Minority Neighborhoods on Friday, Feb 9, 2007.   Councillor Simmons, Vice Mayor Toomey

6. Resolution on the death of Esther A. Foster.   Councillor Sullivan

7. Resolution on the death of Gertrude T. Scales.   Councillor Sullivan

8. Resolution on the death of Kevin F. Sullivan.   Councillor Sullivan

9. Resolution on the death of Aquilino J.S. Almeida.   Councillor Sullivan, Vice Mayor Toomey

10. Resolution on the death of Delores "Lo" (Vera) Baumeister.   Councillor Sullivan

11. Resolution on the death of Donald C. Davis.   Councillor Sullivan

12. Resolution on the death of Marion (Crimmins) DeGuglielmo.   Councillor Sullivan.

13. Resolution on the death of Anthony P. DiNardo.   Councillor Sullivan

14. Resolution on the death of Reverend William J. Dunn.   Councillor Sullivan

15. Resolution on the death of Christopher "Christy" Frangos.   Vice Mayor Toomey

16. Resolution on the death of Dorim "Haj" Gemaly Sr.   Vice Mayor Toomey

17. Resolution on the death of John S. Machado.   Vice Mayor Toomey

18. Resolution on the death of Louis A. Mazza.   Councillor Sullivan

19. Resolution on the death of Beatrice G. Poirier.   Vice Mayor Toomey

20. Resolution on the death of H. Bradford Washburn Jr.   Councillor Sullivan

21. Congratulations to a special honoree.   Mayor Reeves

22. Congratulations to Andala Coffee House on their Grand Opening.   Mayor Reeves

23. Congratulations to Amanda Daniel on the publication of her book "Transparent Tears: A True Story of a Young Mother’s Journey through High School Drama and the Challenges That Inspired Change."   Councillor Decker

24. Resolution on the death of Private First Class Ryan Berg.   Councillor Decker

25. Resolution on the death of Private First Class Ming Sun.   Councillor Decker

26. Resolution on the death of Specialist Eric Caldwell.   Councillor Decker

27. Resolution on the death of Corporal Jeremiah Johnson.   Councillor Decker

28. Resolution on the death of Senior Airman Elizabeth Loncki.   Councillor Decker

29. Resolution on the death of Senior Airman Daniel Miller Jr.   Councillor Decker

30. Resolution on the death of Sergeant James Wosika Jr.   Councillor Decker

31. Resolution on the death of Sergeant Thomas Vandling Jr.   Councillor Decker

32. Resolution on the death of Staff Sergeant Charles Allen.   Councillor Decker

33. Resolution on the death of Technical Sergeant Timothy Weiner.   Councillor Decker

34. Urge all residents to be cognizant of the Cambridge School Volunteers (CSV) Annual Meeting on Feb 1, 2007 from 4:00pm to 5:00pm at CRLS where the Superintendent of Schools will be speaking on the achievement gap and opportunities for CSV volunteers in addressing this issue.   Mayor Reeves

35. Urge all Cambridge residents to participate in Family Day - A Day to Eat Dinner With Your Children" on Sept 24, 2007.   Mayor Reeves

36. Support of the March for Meals campaign and encourage residents to deliver meals to seniors on Mar 21, 2007.   Councillor Sullivan

37. Thanks and best wishes to Betsy Lowry as she retires as Executive Director for the Cambridge Community Learning Center.   Councillor Decker, Mayor Reeves, Councillor Sullivan, Councillor Simmons

38. Congratulations to the Cambridge Public Health Department for the informative brochure entitled "How healthy are we".   Councillor Davis

39. Well wishes to Windell Bourne.   Mayor Reeves

40. Congratulations to Rakibur Rahman on the occasion of his participation in a nation wide Bridge Design Contest and for his 7th place ranking.   Mayor Reeves

41. Congratulations and best wishes to Cathy E. Minehan on her retirement from the Boston branch of the Federal Reserve Bank.   Councillor Sullivan

42. Congratulations to Julia H. Low and Andre B. Toth on the publication of The Cambridge Spirit.   Councillor Sullivan

43. Congratulations to Bill Fulginite on his induction into the Baseball Coach’s Hall of Fame.   Councillor Sullivan

44. Happy 87th Birthday wishes to Nancy Snyder.   Councillor Sullivan

45. Declare Feb 7, 2007 as National Black HIV Awareness Day in Cambridge.   Mayor Reeves

46. Declare the month of March as Women’s History Month.   Mayor Reeves

47. Resolution on the death of William J. Power.   Councillor Sullivan

48. Resolution on the death of Joseph D. Conway.   Councillor Sullivan

49. Resolution on the death of Deolinda (Pacheco) Muchata.   Vice Mayor Toomey

50. Resolution on the death of Fred Capucci.   Vice Mayor Toomey

51. Resolution on the death of Mary C. Weekes.   Mayor Reeves

52. Resolution on the death of Oranilza da Silva.   Councillor Galluccio

53. Congratulations to Susan Freireich and the other organizers of the Cambridge Civil Liberties Task Force for their creation of a new film series revealing how civil liberties affect people’s lives every day and will be shown the fourth Thursday of the month at the Cambridge Public Library Central Square Branch on Jan 25, 2007 at 7:00pm.   Councillor Murphy

54. Resolution on the death of Natalie McPhail.   Mayor Reeves

55. Retirement of Rosa Matos from the School Department.   Mayor Reeves

56. Retirement of Russell Haley from the School Department.   Mayor Reeves

57. Retirement of Kathy Galanopoulos from the School Department.   Mayor Reeves

58. Retirement of Stephen Boyle from the Fire Department.   Mayor Reeves

59. Retirement of Peter Cignetti from the Fire Department.   Mayor Reeves

60. Speedy recovery wishes to Jackie Tynes.   Councillor Simmons

61. Resolution on the death of Lillian M. (McDonald) DiPaola.   Councillor Sullivan, Vice Mayor Toomey

62. Resolution on the death of Edna M. (Holbert) Kelly.   Councillor Galluccio

63. Resolution on the death of Jean (Gray) Arsenault.   Councillor Sullivan

64. Announcing that Cambridge has been voted one of the 100 Best Communities for Young People by America's Promise Alliance Cambridge.   Mayor Reeves

65. Congratulations to Joseph F. O'Connor as he is being honored by the Kendall Community Group for his outstanding leadership in his role as Vice President of Administration and Human Resources at Draper Laboratory.   Vice Mayor Toomey, Councillor Sullivan

66. Congratulations to Robert A. Jones as he is being honored by the Kendall Community Group for his contributions and service to the youth of Area IV.   Vice Mayor Toomey, Councillor Sullivan

67. Retirement of Crystal Nicolosi from the Human Services Department.   Mayor Reeves

68. Retirement of Richard Santiago from the Police Department.   Mayor Reeves

69. Retirement of Kim Sheridan from the Emergency Communications Department.   Mayor Reeves

70. Resolution on the death of Richard Wells.   Mayor Reeves

71. Retirement of William Edward Tobin from the School Department.   Councillor Galluccio

72. Support of the fundraising concert in memory of Andrea Harvey on February 25, 2007 at The Milky Way in Jamaica Plain.   Councillor Decker

73. Congratulations to Kathleen Regan on the publication of her book "Opening Our Arms: Helping Troubled Kids Do Well."   Councillor Decker

74. Congratulations to Janna Malamud Smith on the publication of her book "My Father Is a Book: A Memoir of Bernard Malamud."   Councillor Decker

75. Congratulations to Dr. Karen Levine on the publication of her book "Replays: Using Play to Enhance Emotional and Behavioral Development for Children with Autism Spectrum Disorders."   Councillor Decker

76. Congratulations to Dr. Robert Lifton on the publication of his book "Crimes of War: Iraq."   Councillor Decker

77. Congratulations to Lulu Davis and Debbie Bowman on the opening of their new store in Inman Square, Bird by Bird.   Vice Mayor Toomey

78. Congratulations to John Sullivan, Music Director for the Dunster House Opera Society's production of Mozart's Marriage of Figaro.   Councillor Davis

79. Congratulations to Jay Hurley on being awarded the recipient of the Cushing-Gavin Award from the Labor Guild.   Councillor Galluccio

80. Best wishes to the St. Peter Church community on the occasion of the Valentine's Dance for Children on Sunday, February 11, 2007.   Councillor Sullivan

81. Congratulations to the St. Peter Church community on the occasion of its Snow Ball Social Dinner Dance on Saturday, February 10, 2007.   Councillor Sullivan

82. Best wishes to the St. Peter Church community on the occasion of its celebration of the St. Patrick Day Famine Mass on Saturday, March 10, 2007.   Councillor Sullivan

83. Support of the National African America Parent Involvement Day "Take Your Child/Visit Your Child in School" Day on Monday, February 5, 2007.   Councillor Simmons

ORDERS
1. Dedication of a suitable location in honor of Lucy Watson.   Councillor Sullivan and Vice Mayor Toomey

2. Dedication of a suitable location in honor of Luigi Totino.   Councillor Sullivan

3. That the City Manager is requested to develop by Mar 15, 2007, a policy to protect street trees that are in the path of construction, to specify a fine for non-compliance and/or damages incurred, and to report back to the City Council on this matter.   Councillor Davis

4. That the City Manager is requested to report back to the City Council on the condition of the elevator at the Manning Apartments at 237 Franklin Street.   Mayor Reeves

5. That the City Manager is requested to report back to the City Council on the status of the City’s "Safe Routes to School" program.   Councillor Kelley

6. That the City Manager is requested to provide the City Council with an updated list of City Boards, agencies, task forces, study committees and similar bodies, both ad hoc and formal, that are currently active or are in the creation process.   Councillor Kelley AMENDED

7. That the City Manager and Mayor are requested to report back to the City Council on the status/progress of appointing a Special Committee to study the impact on Cambridge of the Harvard-Allston campus for which a master plan has now been produced.   Councillor Sullivan

8. That the City Manager is requested to report back to the City Council on a plan to provide all members of City Boards and Commissions with more in- depth training/orientation relative to their particular position including the mission of that committee and the responsibilities of the board/commission members as representatives of City government.   Councillor Simmons

9. Establishment of an annual Cambridge Poet Populist, to be announced at the Cambridge River Festival, and that the City Manager be and hereby is requested to have the Cambridge Arts Council work with the Public Facilities, Arts and Celebrations Committee, Cambridge Public Library, Cambridge bookstores and relevant arts organizations with the purpose of establishing the process of electing the Poet Populist.   Councillor Murphy

10. Dedication of an appropriate site in the vicinity of Cadbury Road in honor of Tony and Frances DiNardo.   Councillor Sullivan

11. That the City Manager is requested to contact the Department of Conservation and Recreation to request that they schedule community meetings beginning in the spring of 2007 with respect to the BU Bridge repairs.   Councillor Davis and Councillor Sullivan

12. That the City Manager is requested to arrange a meeting with the Massachusetts State Highway Department, Senator Steve Tolman, State Representative Alice Wolf, and Henry Nguyen to discuss the impact of the closure of the Walden Street Bridge on the Thistle & Shamrock convenience store.   Councillor Decker and Councillor Sullivan

13. That the Department of Human Services create a city-wide "Roller Skating Party" during the next school vacation at the Cambridge Rindge and Latin School Field House to reach out to City teens and use such an event to develop interest in our City's youth centers.   Councillor Galluccio

14. That the City Manager is requested to work with the Assistant City Manager for Community Development to draft special permit language (or other permitting mechanisms including PUD's and special district, etc.) that requires a percentage of 3 and 4 bedroom units and report back to this City Council.   Councillor Galluccio, Councillor Decker and Councillor Sullivan

15. That the City Manager is requested to ask Harvard University to commit in writing to maintaining affordability at 2 Mount Auburn Street well past 2010.   Councillor Simmons, Councillor Galluccio, Councillor Sullivan

16. Reconsideration of funding shortfalls and liability as impingements on the ability for the Police to interface with young people by assisting in transportation to youth events, including but not limited to sport competition and youth center activities.   Councillor Galluccio

17. That the City Manager is requested to provide the City Council with information on individuals charged with the most dangerous crimes in Cambridge; how many of them are released on bail, parole or probation.   Councillor Davis

18. That the City Manager is requested to direct the City Solicitor to report back to the City Council on whether the City Council has the authority to amend the map of a neighborhood conservation district, and if so, what is the process for doing so.   Councillor Davis

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk transmitting a report from Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Jr., Co-Chairs of the Public Safety Committee, for a meeting held on Dec 12, 2006 to discuss electro-muscular disruption technology (EMDT), also known as tasers, guns and gun traffic.

2. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering the Historical Commission’s recommendation for the consolidation of the Half Crown and Marsh Neighborhood Conservation Districts.
TABLED ON MOTION OF MAYOR REEVES

3. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering the recommendations for changes to the Neighborhood Conservation District Ordinance and the Avon Hill Neighborhood Conservation District Order, submitted by the Avon Hill Neighborhood Conservation District Boundary Study Committee and endorsed by the Historical Commission.
COMMITTEE REPORT AMENDED, REPORT TABLED BY COUNCILLOR SULLIVAN

HEARING SCHEDULE
Mon, Jan 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Jan 24
5:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the use of solar energy at the high school or another school in the city and any and all matters relating to renewable energy.  (Sullivan Chamber)

Mon, Jan 29
5:30pm   Roundtable Meeting with the School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (344 Broadway, 2nd Fl Conference)

Tues, Jan 30
10:00am   The Economic Development, Training, and Employment Committee will conduct a public meeting to continue discussion of the License Commission’s cap policy relative to licenses to serve alcoholic beverages.  (Sullivan Chamber)

Wed, Jan 31
5:30pm   The Civic Unity Committee will conduct a public meeting to plan a 2007 Race and Class Forum.  (Sullivan Chamber)

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

Wed, Feb 7
9:30am   The Health and Environment Committee will conduct a public meeting to receive an update from the Cambridge Health Alliance on "Healthy Living Cambridge," particularly on its work on addressing childhood obesity.  (Sullivan Chamber)

Mon, Feb 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 26
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Mar 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 26
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 23
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

Mon, June 18
5:30pm   City Council Meeting  (Sullivan Chamber)

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

TEXT OF ORDERS
O-1     January 22, 2007
COUNCILLOR SULLIVAN
VICE MAYOR TOOMEY
ORDERED: That the City Council dedicate a suitable location in honor of Lucy Watson; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-2     January 22, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council dedicate a suitable location in honor of Luigi Totino; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works for the sign.

O-3     January 22, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to develop by March 15, 2007, a policy to protect street trees that are in the path of construction, to specify a fine for non-compliance and/or damages incurred, and to report back to the City Council on this matter.

O-4     January 22, 2007
MAYOR REEVES
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the condition of the elevator at the Manning Apartments at 237 Franklin Street.

O-5     January 22, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of the City’s "Safe Routes to School" program.

O-6     January 22, 2007  AMENDED
COUNCILLOR KELLEY
WHEREAS: The City of Cambridge has a variety of bodies such as the Board of Zoning Appeal, the Conservation Commission, the Police Commissioner Search Committee, the leaf blower task force and many other similar bodies tasked with furthering the City’s business; and
WHEREAS: It is not clear what bodies exist to carry out what tasks; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an updated list of City Boards, agencies, task forces, study committees and similar bodies, both ad hoc and formal, that are currently active or are in the creation process; and be it further
ORDERED: That the City Manager be and hereby is requested to provide the City Council with a brief explanation of what those bodies are tasked with accomplishing and a contact point for each body; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on what it would require to post the minutes of the boards and commissions and the names and addresses of the members of the boards and commissions on the web.

O-7     January 22, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Manager and Mayor be and hereby are requested to report back to the City Council on the status/progress of appointing a Special Committee to study the impact on Cambridge of the Harvard-Allston campus for which a master plan has now been produced.

O-8     January 22, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on a plan to provide all members of City Boards and Commissions with more in-depth training/orientation relative to their particular position including the mission of that committee and the responsibilities of the board/commission members as representatives of City government.

O-9     January 22, 2007
COUNCILLOR MURPHY
WHEREAS: The City of Seattle has created a Poet Populist program, (www.seattlepoetpopulist.org), a contest held annually where residents create and recite poetry in a read-off for the purpose of being nominated and elected the city’s poet populist; and
WHEREAS: The civic poet known as the Poet Populist integrates literary arts into everyday civic life and brings poetry to those who might not otherwise be exposed to it; and
WHEREAS: Since its inception in 1999, this program has become extremely popular, with over five-hundred people attending the first election of a poet populist and one thousand people voting last year; and
WHEREAS: The City of Cambridge is home to many talented and aspiring poets as well as the Cambridge River Festival, this year to be held on June 16, 2007, which could serve as a forum for this contest; and
WHEREAS: The Cambridge Poet Populist program would introduce citizens to the pleasures and benefits of reading poetry, while also seeking to enlighten and engage individuals in a community process; now therefore be it
ORDERED: That the City Council go on record establishing an annual Cambridge Poet Populist, to be announced at the Cambridge River Festival, and that the City Manager be and hereby is requested to have the Cambridge Arts Council work with the Public Facilities, Arts and Celebrations Committee, Cambridge Public Library, Cambridge bookstores and relevant arts organizations with the purpose of establishing the process of electing the Poet Populist.

O-10     January 22, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Cadbury Road in honor of Tony and Frances DiNardo; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-11     January 22, 2007
COUNCILLOR DAVIS
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to contact the Department of Conservation and Recreation to request that they schedule community meetings beginning in the spring of 2007 with respect to the BU Bridge repairs.

O-12     January 22, 2007
COUNCILLOR DECKER
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to arrange a meeting with the Massachusetts State Highway Department, Senator Steve Tolman, State Representative Alice Wolf, and Henry Nguyen to discuss the impact of the closure of the Walden Street Bridge on the Thistle & Shamrock convenience store; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the date and time of the meeting by January 29, 2007, as well as a status update regarding Policy Order #16 from the November 20, 2006 City Council meeting.

O-13     January 22, 2007
COUNCILLOR GALLUCCIO
ORDERED: That the Department of Human Services create a citywide "Roller Skating Party" during the next school vacation at the Cambridge Rindge and Latin School Field House to reach out to City teens and use such an event to develop interest in our City's youth centers.

O-14     January 22, 2007
COUNCILLOR GALLUCCIO
COUNCILLOR DECKER
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to work with the Assistant City Manager for Community Development to draft special permit language (or other permitting mechanisms including PUD's and special district, etc.) that requires a percentage of 3 and 4 bedroom units and report back to this City Council.

O-15     January 22, 2007
COUNCILLOR SIMMONS
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to ask Harvard University to commit in writing to maintaining affordability at 2 Mount Auburn Street well past 2010.

O-16     January 22, 2007
COUNCILLOR GALLUCCIO
WHEREAS: In reference to the attached response which refers to funding shortfalls and liability as impingements on the ability for the Police to interface with young people by assisting in transportation to youth events, including but not limited to sport competition and youth center activities; and
WHEREAS: The City is self-insured; and
WHEREAS: The City Council has made youth relations a priority; now therefore be it
ORDERED: That the City Manager be and hereby is requested to reconsider this response immediately; and be it further
ORDERED: That this matter be referred to the Public Safety Committee.

O-17     January 22, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to provide the City Council with information on individuals charged with the most dangerous crimes in Cambridge; how many of them are released on bail, parole or probation.

O-18     January 22, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to report back to the City Council on whether the City Council has the authority to amend the map of a neighborhood conservation district, and if so, what is the process for doing so; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Executive Director of the Historical Commission on how to plan to update and poll residents could be implemented.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Public Safety Committee held a public meeting on Tuesday, Dec 12, 2006, beginning at ten o’clock and forty minutes a.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss electro-muscular disruption technology (EMDT), also known as tasers, guns and gun traffic.

Present at the meeting was Councillor Michael A. Sullivan, Co-Chair of the Committee; Vice Mayor Timothy J. Toomey, Jr., Co-Chair of the Committee; Councillor Craig Kelley; Councillor Henrietta Davis; Robert W. Healy, City Manager; Richard Rossi, Deputy City Manager; Nancy Schlacter, Assistant to the City Manager; Tom Workman, Emergency Physician, Cambridge Hospital and member of the EMDT (Taser) Steering Committee; John Roberts, Executive Director, ACLU; Ronnie Watson, Commissioner of Police; David Degou, Superintendent of Police; Michael Giacoppo, Support Services Superintendent, Police Department; Michael Walsh, Deputy Superintendent, Training, Technical and Administration, Police Department; Paul Ames, Lieutenant, Police Department; Devon Brooks, Police Officer, Police Department; Chris Burke, Lieutenant, Police Department; Chris Velter, Intern, Northeastern University; Gerry Leone, District Attorney-elect; and Donna Lopez, Deputy City Clerk.

Councillor Sullivan opened the meeting and stated the purpose. He requested Commissioner Watson to make a presentation.

Commissioner Watson informed the committee that in 2004 legislation was enacted that allowed the police to use taser technology. He distributed documentation that contained the legislation, the members of the Steering Committee, and the Model Policy for electronic control weapons.

Councillor Sullivan asked how long is the training. Commissioner Watson responded that the training is a sixteen-hour, two-day course. Recertification is required every two years. There will be twenty-five weapons. In response to a question by Councillor Davis regarding an incident in Boston, Commissioner Watson informed the committee that pellet guns, not tasers, were used in this incident. Eighteen communities have used this technology. The strategy is to:
 * build the steering committee team;
 * devise the use of force continuum;
 * phase-in deployment of twenty-five devices;
 * develop rules and regulations; and
 * develop community involvement.

The training program and development of policies and procedures requires approval from the state. Statistics would be published every year.

Councillor Davis asked what is the whole picture on community involvement. The Public Safety Committee needs to be engaged first, stated Commissioner Watson. A PIO will be published and statistics would be provided to the City Council and the Police Review Advisory Board (PRAB). Mr. Rossi added that the steering committee included members of the Human Services Department and the Cambridge Hospital to get a good cross section point of view. Commissioner Watson stated that the documentation distributed included the ACLU guidelines. Councillor Davis asked where are the stakeholders. A meeting with the community is needed. She commented that she would like to have an opportunity to review all the documentation that was distributed by Commissioner Watson and requested that no action be taken on tasers.

Lieutenant Ames explained taser technology. This technology disrupts muscular control for five seconds. There are no after affects. Dr. Workman explained how tasers work. The weapon discharges for five seconds. The taser does not affect the heart muscle, but there are ongoing studies. The company feels that the technology is safe. If used properly this technology is better than anything out there. Councillor Davis stated her concern about this technology causing more harm if it is perceived as safe technology. Lieutenant Ames informed the committee that the Police Executive Research Forum (PERF) guidelines outline when to use a taser on an active resistant subject. The trainees demonstrate a higher level of training and discipline. There is no danger to the officer when the taser subject is incapacitated; then the suspect can be cuffed. Lives have been saved with the use of this technology because deadly force would have been used, commented Councillor Sullivan.

Lieutenant Ames also stated that the taser records when it is fired and for how long. There is also a review process. Commissioner Watson added that the new taser videos the incident and how many times the taser is fired.

Councillor Davis stated that there should not be an increase in incidents with the use of tasers. Development will be phased in and there should not be an increase in the use of force, stated Commissioner Watson. Councillor Davis expressed her concern about an increase in the use of force. Lieutenant Ames gave an example when a taser could be used. Ms. Schlacter stated that the use of pepper spray could cause harm to the police officer. Dr. Workman stated that the wrong approach is in considering tasers as harmless. Tasers can harm, but if deployed and used in the right way, it is a good tool. The police do not think that tasers are harmless. Lieutenant Ames stated that he has an extreme respect for tasers because he was hit with a taser. Every use of the weapon would be reviewed. Councillor Davis stated that use-standards need to be established before the review process. Councillor Sullivan stated that this is the beginning of the process of the use of less lethal tools by the police.

Mr. John Roberts informed the committee that the marketing for the use of tasers is wonderful. In 2001 there was one hundred recorded deaths from tasers. New Jersey and Chicago are reviewing the use of tasers. Standards, training and monitoring need to be done. A report was done by the ACLU on proposed standards for the use of less lethal force. Councillor Davis asked if the one hundred deaths were the result of police officers using tasers to subdue. Dr. Workman stated that the manufacturers dispute that tasers kill. Some suspects were under the influence of drugs and some died due to misuse of tasers. The exact number is unknown. Balanced enforcement is needed. The notion that tasers are harmless needs to be banished from people’s minds, stated Councillor Davis.

Vice Mayor Toomey spoke about the number of deaths and workmen’s compensation cases in Oakland being down. It comes down to training and procedures. Councillor Davis commented that it comes down to respect that tasers are not harmless. If a taser had been used in the incident on Porter Street, a life would have been saved, commented Vice Mayor Toomey. Councillor Sullivan stated that tasers are weapons; improper use could cause harm. Training, protocol and double assessments are needed. Training needs to be done properly, stated Councillor Davis. Mr. Rossi stated that there would be phased-in use of tasers and solid training, and there is not a lot of use of force and shootings in Cambridge.

Commissioner Watson informed the committee that a suspect is taken to the hospital to have prongs removed and is then taken to the Police Department.

At eleven o’clock and twenty-one minutes a.m. Councillor Sullivan opened the meeting to public comment. No one appeared.

Councillor Sullivan stated he wanted the community involved in this process. The police should introduce tasers and stated that a community meeting should be held. Commissioner Watson wanted the community meeting to be held at the senior center. The taser manufacturer should be at the meeting. Councillor Davis commented that if you want the community to know about tasers, they need to be told in their settings. She wanted a neighborhood service announcement published about the taser meeting. This can be done, stated Commissioner Watson. Councillor Sullivan suggested a web cast and that broadcasting of the presentation be done at the community meeting. At this time the committee proceeded to the discussion of the use of guns.

Councillor Sullivan spoke about the numbers of shootings and gunplay at the neighborhood parks. He is looking to partnership to alleviate or eradicate guns. Councillor Davis stated that if a person was caught with an unlicensed gun, they would be charged with unlawful use of a firearm. This is not the case. Councillor Sullivan stated that firearm cases are treated differently; charged with possession of carrying. What is the difference between possession and carrying, asked Councillor Davis. District Attorney-elect Leone stated that Chapter 269 Section 10 covers possession versus carrying. Where is the gun, what type of gun, firearms, shotgun, etc., was it on your person when found and where was it carried, are all pertinent information. Anyone charged with a crime is in criminal justice system. Councillor Davis asked if there is anything that Cambridge is not doing to get suspects held before they can do a worse crime. Vice Mayor Toomey stated that judges release the suspects. Superintendent Giacoppo stated that there were twelve incidents this year and the suspects were involved in violent crimes and are now out on bail. A dangerous hearing is held then bail is set. Councillor Davis asked if suspects charged with dangerous crimes can be tracked. Councillor Sullivan spoke about CORI regulations. Councillor Davis wanted previous statistics on the twelve incidents; how many suspects are out on bail, probation or parole and what were their statistics before being held and charged. It is an issue of overcrowding in the jail, according to the sheriff. Councillor Davis wanted this matter reviewed systematically. Councillor Sullivan stated that five percent of people commit ninety-five percent of the crime.

Councillor Kelley asked if someone gets arrested for a gun charge, does it go to trial or is it pleaded out. Cases are brought forward and prosecuted by trial or pleading as part of the court system, stated District Attorney-elect Leone. Gun cases are scrutinized. The District Attorney’s Office has taken cases seriously by the use of oversight, stated Councillor Sullivan. Councillor Davis wanted community support for the setting of bail for dangerous persons and persons carrying guns. How does this information get to the judges? Judges have discretion, responded Vice Mayor Toomey. Councillor Davis asked if we could talk to the judges. Mr. Rossi commented that the City contacted the sheriff and was told that the system could not hold these individuals. This is a systematic problem. Councillor Sullivan commented on overcrowding in jails. Arguments have been made for heavy bail for violent crime. This is worth talking to the judges again, stated Councillor Davis. Reoffenders are being released. She wanted the statistics on individuals released on bail who are reoffenders. District Attorney-elect Leone spoke about the supervision of the recidivist offender. It is not the job of police to check up on these offenders. Vice Mayor Toomey commented that offenders do not want parole; they serve their sentence. Officers know the repeat offenders, stated Councillor Sullivan.

At this time Councillor Davis submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to provide the City Council with information on individuals charged with the most dangerous crimes in Cambridge; how many of them are released on bail, parole or probation.

The motion carried.

Councillor Sullivan and Vice Mayor Toomey thanked all attendees.

The meeting was adjourned at twelve o’clock and fifty-minutes p.m.

For the Committee,
Councillor Michael A. Sullivan, Co-Chair
Vice Mayor Timothy J. Toomey, Jr., Co-Chair

Committee Report #2
The Ordinance Committee held a public hearing on Wednesday, Dec 13, 2006, beginning at five o’clock and forty-five minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering the Historical Commission’s recommendation for the consolidation of the Half Crown and Marsh Neighborhood Conservation Districts.

Present at the meeting were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee, Councillor Henrietta Davis, Councillor Marjorie C. Decker, Councillor Anthony D. Galluccio, Nancy Glowa, Deputy City Solicitor and City Clerk D. Margaret Drury.

Councillor Murphy convened the hearing and stated the purpose. He then invited public comment on the proposed consolidation.

William King, Chair of the Historical Commission, described the proposal. The Half Crown District was the first neighborhood conservation district (NCD) established in Cambridge. It is a very small district, which has created some problem with having a quorum. It was created in response to efforts to expand commercial development to the residential the edge of Harvard Square.

Mr. King then described the boundaries of the Marsh District. It is somewhat larger than the Half Crown district and it was formed at the request of neighbors who were concerned about some development that the neighbors felt was inappropriately sized.

Mr. King then described the process that was followed during the consideration of the merger by the Historical Commission. The City Manager appointed an 11-member joint study committee consisting of three members and alternates of the Historical Commission, four members from each of the two NCDs, including the chair and vice chair of each NCD commission, and two members of the public who owned property in the NCDs. The Study Committee convened on Sept 29, 2004 and met five times through February 2005. A public Garden Tour of the two NCDs was held on May 22, 2005. Staffing constraints precluded further meetings until Feb 16, 2006, when the committee adopted a draft order consolidating the districts. The two NCD commissions then separately approved the proposed order, and a public hearing was scheduled for April 27, 2006.

The study committee concluded that the two districts are sufficiently consistent in their historic and architectural development that the objectives and principles of the Marsh NCD order could apply equally to the Half Crown NCD. There is no need to significantly modify those objectives and principles to fit the Half Crown NCD; rather, the Marsh objectives and principles are supplemented with some additional wording to reflect the character of the Half Crown’s architecture and street patterns. The new language in this section of the draft consolidation order is the inclusion of an objective discouraging the construction of parking lots as a principal use, in recognition of one of the precipitating threats to the Half Crown neighborhood when it was established in 1984. The existing Marsh objective of encouraging "low fences to define the street edge while protecting views of houses and through yards" is supplemented with language consistent with experience relevant to the apartment buildings in Half Crown permitting flexibility to screen trash containers, transformers, and similar bulky exterior appliances.

A principal difference between the orders governing the two existing districts is the standards for changes that are subject to review by the NCD Commission. In the Half Crown, only new construction, demolition, and construction of parking lots as a principal use are subject to binding review, with all other changes subject to non-binding advisory review only. The Study Committee concluded, after examining the provisions of the Marsh Order and the record relating to review in the Marsh District, that all changes is the consolidated district should be either exempt from any review or subject to binding review. As in the Marsh District presently only those changes essential to neighborhood character will be subject to review.

Changes exempt from NCD commission review in both districts remain substantially the same under the proposed consolidation order, except that fences behind the front plane of a building are exempt from review only if no more than 4’ high (the existing Marsh exemption) rather than 6’ high (the existing Half Crown exemption).

Lindsay Allison, 159 Mt. Auburn Street, Chair of Half Crown Neighborhood District Commission, stated that she served on the consolidation study group. The consolidation was carefully studied, thoroughly analyzed and subject to public hearing. She urged the City Council to support the in depth process and the improvements that consolidation will bring.

Teresa Hamach, Co-Chair of the Avon Hill Neighborhood District Commission Study Group, spoke in favor of consolidation. Small neighborhood districts result in difficulties in finding commission members to serve, and perceptions of unfairness because of relationships among neighbors.

Dennis Walcott, 20 Lowell Street, Vice Chair Marsh Neighborhood District Conservation Committee, stated that he served on the consolidation study committee. A lot of time and effort went into this study. He urged the City Council to support the Historical Commission’s recommendation.

Muirann McMullen, 8 Hilliard Street, stated that as a developer and designer working with older houses, she has appeared before the Historical Commission and Neighborhood District Conservation Commissions. There are great differences between the conduct of hearings at the Historical Commission and the Neighborhood Conservation District Commissions. The Historical Commission is largely made up of professionals in relevant fields, such as architects and historians, and their hearings reflect their knowledge and professionalism. In contrast the NCDs are very different. The hearings involve a great deal of subjective decision making, often by people not qualified to make decisions. Only one member of the Historical Commission serves on each Neighborhood District Conservation Commission. She believes the majority of members should also be members of the Historical Commission. Sometimes the decisions appear to reflect just pure self-interest, for example, decisions on dormers. The NCDs also end up being dominated by cliques and they can be discriminatory. She stated she is opposed to the binding aspect of decisions by neighbors who are not qualified to make this type of decisions.

Neil Green, 5 Foster Place, in the Marsh District, stated that he is an architectural historian and he sits on the Marsh Neighborhood District Commission. He believes there is a high level of acumen and knowledge on the NDCs. He said that often developers who do not intend to live in the neighborhood are frustrated by decisions that maximize protection of the existing neighborhood character to the detriment of profits that could be made by maximizing the development.

Councillor Davis moved that the proposed consolidation recommended by the Historical Commission be forwarded to the to full City Council with a favorable recommendation. The motion passed on a voice vote without objection.

Councillors Murphy and Sullivan thanked all those present for their attendance. The meeting was adjourned at six o’clock and eight minutes p.m.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

Committee Report #3
The Ordinance Committee held a public hearing on Wednesday, Dec 13, 2006 beginning at six o’clock and twenty-five minutes p. m. in the Sullivan Chamber. The hearing was held for purpose of considering the recommendations for changes to the Neighborhood Conservation District Ordinance and the Avon Hill Neighborhood Conservation District Order, submitted by the Avon Hill Neighborhood Conservation District Boundary Study Committee and endorsed by the Historical Commission.

Present at the meeting were Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Committee; Councillor Henrietta Davis; Councillor Anthony D. Galluccio; City Clerk D. Margaret Drury; Charles Sullivan, Executive Director of the Historical Commission; William King, Chair of the Historical Commission; and Nancy Glowa, Deputy City Solicitor.

Councillor Murphy convened the hearing and explained the purpose. He invited Charles Sullivan, Executive Director of the Cambridge Historical Commission, to provide some background. Mr. Sullivan explained that the proceedings that led to the recommendations from the Historical Commission currently before the Ordinance Committee began with petitions to the Historical Commission from 18 property owners on Raymond Street who requested that their properties be excluded from the Avon Hill Neighborhood Conservation District (Avon Hill NCD). The Historical Commission accepted the petitions and, pursuant to the provisions of the NCD Ordinance, the City Manager appointed a Study Committee to investigate, take public testimony and report back to the Historical Commission.

The Historical Commission requested the Study Committee to look at more than just the boundary issue, to look at the underlying governance problems that appeared to underlie the petitions and also to consider the potential for combination of the Avon Hill NCD with the Lower Common Study Area. The Study Committee engaged in a process which included more than 12 meetings to take public testimony and formulate recommendations. The Study Committee submitted its report to the Historical Commission, and on Nov 2, 2006, after a public hearing, the Historical Commission voted unanimously to endorse the recommendations and forward the report to the City Council.

Mr. Sullivan noted that the report recommends focusing on irreversible changes and elimination of the category of nonbinding determinations from the NCD’s jurisdiction.

He also pointed out that the report suggested considering a citywide NCD Commission. The recommended changes are set forth below:

Recommendations to the City Council

Recommendation 1 is a general recommendation that the district stay as currently describe in the order – No City Council action is necessary to effect this recommendation.

Recommendation 1: The Committee unanimously recommends that Raymond Street should remain in the District, and that the problems that Raymond Street petitioners and others have encountered are better dealt with through the jurisdiction and governance changes recommended below.

Recommendation 2 – 8: Amend the Avon Hill Order to effect Recommendations 2-8 with respect to elimination or change of review for alterations to non-NR buildings (see Attachment A)

Recommendation 2: Clarify the general purpose and approach of the District by amending the preamble of the Avon Hill NCD Order.

Recommendation 3: Eliminate a provision of the Order requiring NCD review when a special permit or zoning variance is required.

Recommendation 4: Require binding review of aluminum or vinyl siding and aluminum, vinyl, or vinyl-clad windows where they currently do not exist outside as well as within the National Register portion of the District.

Recommendation 5: Require binding review for alterations that affect the building envelope, including altering, adding or removing bays, dormers, roof shapes and porches outside the National Register portion of the District.

Recommendation 6: Eliminate non-binding determinations and replace them with advisory administrative reviews by CHC staff.

Recommendation 7: Change the guideline regarding total lot coverage from 30% to 35% in the A-2 zone and 40% to 45% in the B and C-1 zones.

Recommendation 8: Add a conservation guideline for architectural features such as siding, trim and windows, clarifying that these features should generally be compatible with the architectural style of the building. Specifically state that vinyl fencing, vinyl siding, and vinyl windows should not be used.

Recommendation 9 – Amend the NCD Ordinance (Ch. 2.78, Article III) (see Attach. 2) Recommendation 9: Allow up to two additional Cambridge residents living outside the District to serve on the Commission (one as a member, one as an alternate), with preference given to those who have served on other NCD commissions.

Recommendations to the City Manager

Recommendation 10: Encourage residents of the District to nominate potential candidates for membership [to the Avon Hill Neighborhood Conservation District Commission].

Recommendation 11: Enforce the provision of the Ordinance that Commission members are limited to two consecutive terms of service. Allow former members to be considered for reappointment after one year of retirement.

Recommendation 12: Recommend to the City Manager that he appoint a new Commission of members and alternates who have not previously served.

Administrative Recommendations

Recommendation 13: Assign the Historical Commission clear responsibility for the oversight of NCDs. The Historical Commission should hold periodic joint meetings with the Avon Hill NCD Commission to review the operations of the District and report its findings to the City Manager and the City Council.

Recommendation 14: The Avon Hill NCD Commission should continue to use the hearing procedures recently established.

Recommendation 15: The Historical Commission should increase training of Commission members and should consider establishing a Code of Conduct for Commissioners.

Recommendation 16: The Historical Commission should consider increasing its public education efforts.

Recommendation for Possible Future Action

Recommendation 17: The Historical Commission should consider recommending that the City Council amend the NCD Ordinance so as to consolidate some of the city’s smaller NCDs under one citywide NCD commission. Consolidation of the Avon Hill NCD with the proposed Lower Common NCD is not recommended.

The Study Committee report contains a copy of the current order with the proposed amendments included (Attachment A). Language for the proposed ordinance changes will be submitted by the Historical Commission at a later date.

The Committee then heard from William King, Chair of the Historical Commission. Mr. King stated that, under the ordinance, amending a Neighborhood Conservation District requires the same process as establishing one. Mr. King informed the Ordinance Committee that he served on this study committee. He stated that in this case, to be sure that the positions of the petitioners who initiated the process were fully considered, the Study Committee elected Co-Chairs Theresa Hamacher, a Raymond Street resident who had submitted a petition requesting that Raymond Street be removed from the NCD, and Arthur Bardige, also a Raymond Street resident. He introduced the Co-Chairs.

Arthur Bardige, 98 Raymond Street, stated that the Study Committee’s process took almost a year and included more than a dozen meetings. They send a survey to all households within the district and received a 40% response. The Study Committee held a number of public hearings. The Study Committee concluded that (1) the Avon Hill NCD was causing anxiety and anger in the community at large and (2) the Avon Hill community likes the idea of a neighborhood conservation district. All of the Study Committee members agreed upon all of the recommendations in the report. Mr. Bardige said that it became clear that the nonbinding reviews were particularly troublesome; there were a lot of gray areas that almost invited conflict and misunderstanding. He also noted that removal of Raymond Street would only exacerbate the problem of finding new members. The smaller the group of homeowners, the bigger the potential conflict of interest issues.

Theresa Hamacher, 95 Raymond Street, said that one of the key findings of the Study Committee was that the community supported regulation of big, unalterable construction but did not support regulation for the smaller, more easily reversible and temporary changes. The Study Committee also found that the NCD was not perceived as predictable to the homeowners. As part of its work, the committee looked at all of the projects that had been reviewed in the past. She said that she was one of the people who wanted her house removed from the jurisdiction of the NCD, but through the process she became convinced that there is a role for the NCD as long as it works correctly. With regard to the Raymond Street petitions, the Study Committee concluded that membership in the NCD is not optional. They reviewed the drawing of the original NCD map and concluded that no mistakes were made. She noted that there are three houses that are also technically within the Gray Gardens area.

At this time Councillor Murphy invited public comment.

Maurisse Gray, 49 Linnaean Street, stated that she lives on the corner of Linnaean Street and Raymond Street. She and her husband were among the original petitioners for removal, and she still believes that their house does not belong in the NCD because it relates much more to Linnaean Street than Raymond Street. She does not believe that NCDs should have any binding authority.

Nelson Gore, 60 Raymond Street, stated that he was one of the original petitioners. Eighteen people petitioned because the NCD Commission acted in an arbitrary way. He has seen reasonable projects voted down and horrible projects approved. He believes that at least some of the Study Committee members were chosen because they favored expansion of the NCD Commission. He urged the City Council to support removal of the three Gray Garden properties and redrawing the district line to remove all properties on the west side of Raymond Street.

Jacqueline Olds, 30 Hillside Avenue, member of the Study Committee stated that she remembers the original discussions to form the NCD, where preserving open space was a very important consideration. She said that she believes that the new guidelines could make the NCD Commission work better.

Judity Bagalay, 15 Raymond Street, said that in 1997 she went to some of the original meetings and she thought that the NCD would work. Then in 2000, she went before the commission with her architect to get approval for a garage in the front part of her yard, which is where she parks. She presented beautiful plans, but they were never really considered. This has gone on for six years. Seventy five percent of the property owners on Raymond Street signed the petitions for removal. A Study Committee that was stacked in favor of keeping Raymond Street in the NCD hijacked their petitions. The Commission has lost the confidence of the Raymond Street property owners. She urged the City Council to either remove Raymond Street from the district or support nonbinding review of border properties.

Heli Meltzner, 74 Avon Hill Street, stated that she is a member of the Avon Hill NCD, and she served on the Study Committee that produced this report. The Study Committee gave this matter its full and serious attention. She, like other committee members, approached the issue with an open mind. She believes that these recommendations will solve the underlying problems that led to the frustration and anger expressed by the Raymond Street petitioners.

Sabine Iatridou, 1 Gray Gardens East, stated that she has never had a negative experience with the NCD Commission, but she has heard her neighbors’ frustration. She would like her house to be removed from the NCD. Gray Gardens is a separate community, and it is separate from Avon Hill. She also objects to the fact that the NCD review results in binding decisions.

At 7pm, Councillor Murphy convened the Ordinance Committee hearing scheduled for 7pm on the issue of whether all neighborhood conservation districts should have the same standards. He explained that due to time constraints and the fact that the councillor who had brought this issue to the City Council was not present, the matter would remain in the Ordinance Committee. He invited anyone who was present to make comments on the matter at this time if they so desired.
[Note: It was Councillor Decker who brought the issue to the Council and who failed to be present at this hearing on the issue.]

Maurice Lessings, Gray Street, stated that he is a member of the Lower Commons Study Committee. Each NCD is different from the others, so the concerns about what must be preserved will be different as well. However, the standards by which the projects are judged should be similar and should involve the application of documented rules. Guidelines should be provided to the members of the NCD commission. The Commission should be required to make finding based on specific evidence to support their decision. He also said that the process for establishing a neighborhood conservation district is undemocratic. The study committee is composed of three members of the Historical Commission and three residents. The Historical Commission members will support establishment of the NCD, so all it takes is one resident to vote in favor. Mr. Lessings stated that he believes that the idea of a single citywide NCD makes sense. He also suggested revision of the appeal process.

At this time Councillor Murphy recessed the 7pm hearing.

Councillor Galluccio thanked all the members of the public and the Study Committee. He said that he believes that there should be some thought of separation here. He would be aided by some clarity here. He does not know who wants to be removed, particularly along the Raymond Street corridor. Mr. Sullivan stated that the original petition consists of 18 property owners on Raymond Street.

Councillor Sullivan said that he is glad to hear about the amendments and about the idea of making the districts bigger. He is also interested in hearing more about a citywide neighborhood district commission. He asked whether the City Council has the authority to amend the map of the district and requested that the City Solicitor look into the question and report back to the City Council.

Councillor Murphy thanked the members of the Study Commission for their work on this matter. He said that his inclination would be to accept the recommendations in the report and move forward, but he does not know what the full City Council will decide.

Councillor Sullivan said that if there is an inclination to go back and poll the residents of a specific street, those residents should also get an update on the changes that have already been made and those that have been recommended to the Council.

Councillor Davis made the following motion:
Ordered: That the City Manager be and hereby is requested to direct the City Solicitor to report back to the City Council on whether the City Council has the authority to amend the map of a neighborhood conservation district, and if so, what is the process for doing so; and be if further
Ordered: That the City Manager be and hereby is requested to confer with the Executive Director of the Historical Commission on how a plan to update and poll residents could be implemented.

The motion passed on a voice vote without objection.

Councillor Davis moved that the matter be referred to the full City Council. The motion carried on a voice vote without objection.

Councillor Murphy and Councillor Sullivan thanked all those present for their participation. The meeting was adjourned at 7:45pm.

For the Committee,
Councillor Brian Murphy
Councillor Michael A. Sullivan

Attachment A - Draft order with proposed amendments
Attachment B - Letter from Catherine Henn
Attachment C - Letter from Edward and Margaret Handy