Cambridge City Council meeting - February 1, 2010 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the ARRA Title IID Technology Competitive grant from the U.S. Department of Education in the amount of $92,735.00 to the Grant Fund School Department Salary & Wages account ($31,830.00) and to the School Department Other Ordinary Maintenance account ($60,905.00) and will provide funds for middle school math teachers to receive professional development in the use of RM software as a supplemental resource in their math classrooms.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the MetroNorth Regional Employment Board for $113,201.00 to the Grant Fund Human Service Programs Salary and Wages account ($68,897.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($44,304.00) and will be used to reimburse the City for salary costs associated with enrolling sixty-two additional income-eligible youth in the Mayor's Summer Youth Employment Program and to support program costs for work sites taking large numbers of youth.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of a grant from the State Executive Office of Public Safety for $4,988 to the Grant Fund Fire Salaries and Wages account ($3,488), Other Ordinary Maintenance account ($1,000) and Travel and Training account ($500) to provide funds to continue the Student Awareness of Fire Education (SAFE) Program that educates students in the dangers of fire and its effect on people, property, and the environment.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Marlissa Brigget as the Executive Director of the Cambridge Human Rights Commission and Executive Secretary of the Police Review & Advisory Board effective Jan 19, 2010.

Feb 1, 2010

To the Honorable, the City Council:

Please be advised that I have appointment of Marlissa Briggett as the Executive Director of the Cambridge Human Rights Commission and Executive Secretary of the Police Review & Advisory Board effective Jan 19, 2010. Below is a summary of Ms. Briggett's background:

* Member, Massachusetts Bar

* Attorney in private practice

* Prior experience as an Attorney-Advisor for the US Commission on Civil Rights

* Prior experience as a volunteer Attorney for the NAACP Legal Defense and Educational Fund

* Current Commissioner, prior Chair, Arlington Human Rights Commission

Very truly yours, Robert W. Healy, City Manager

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as members of the Human Services Commission for a term of three years, effective Feb 1, 2010: Nan Stone, Claudia Hill

Nan Stone
Nan Stone is a partner at the Bridgespan Group, a nonprofit consultancy that helps other nonprofit organizations and philanthropic funders improve the impact of their efforts. A member of the Cambridge Community Foundation Board, Ms. Stone will serve as a liaison between the Human Services Commission and the CCF Board.

Claudia Hill
Claudia Hill is an Information Specialist who has worked with computers and libraries in educational institutions. She is currently employed as a manager of web and database applications within the Harvard University. Ms. Hill is active in the Massachusetts Black Librarians Network and formerly taught English as a Second Language in South America.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for the calendar year 2010 at MICH-LIN Transfer Station, 45 Mooney Street, Cambridge: Stacey Walkinshaw Vossmer, Kimberly I. Mochi, Jo Ann DelVecchio, Daniel Pasquarosa, Charles Wainwright, Charles J. Mabardy, Joseph Mabardy, Jr., James J. Mabardy, Justine N. Bonitatibus & Michael Guerriero

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for the calendar year 2010 at Boston Sand & Gravel Co., 500 Front Street, Cambridge: Jake Howe, Alan Carbone, Mike Ferguson, David Thebearge, Scott Prentice, Jody Staples, Joseph Olsen, Ray Broderick, Bob Ferguson, Roland Barris, William Tweedy & Danny O'Neil

8. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $15,000 from the General Fund Reserve Other Ordinary Maintenance Account to the Department of Human Services Other Ordinary Maintenance Account to provide funding for strategic planning in conjunction with "Moving Cambridge Forward" an effort begun during 2009 with the YWCA and other community members to apply for a Kellogg Foundation Racial Healing Grant.

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

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 16 of Dec 21, 2009, regarding the City Council's policy on naming street corners, along with the attached Oct 27, 2006 report from the City Manager. [Communications and Reports from City Officers #2 of Jan 11, 2010 Placed on Table.]

UNFINISHED BUSINESS
3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on Nov 18, 2009 for the purpose of considering a petition for a zoning amendment filed by Richard D. Fanning et al. to eliminate the Section 5.25.3 exemption of existing parking facilities in the calculation of floor area ratio (FAR) and to delete Sections 20.44.3, which specifies maximum heights for the area between the centerline of the railroad right of way and the centerline of Cardinal Medeiros Avenue in the East Cambridge Housing Overlay District. Planning Board hearing held on Nov 17, 2009. Petition expires Feb 16, 2010. Committee Report Number Six of Dec 14, 2009 was Accepted and Referred to Unfinished Business.

4. That the matter of the election of the Mayor be referred to Unfinished Business. Jan 11, 2010 ballot #2 taken (Councillor Davis two votes, Councillor Maher four votes and Councillor Reeves three votes). Item remains on Calendar. Jan 25, 2010 ballot #3 taken (Councillor Davis two votes, Councillor Maher four votes and Councillor Reeves three votes). Item remains on Calendar.

APPLICATIONS AND PETITIONS
1. An application was received from Gulzada Korkmaz, re-filing her request for a curb cut at the premises numbered 133 Pearl Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. The prior application was placed on file due to the end of the legislative year. This application contains additional information supplied by the Traffic, Parking and Transportation and Public Works Departments.

2. An application was received from Presidents and Fellows of Harvard College, requesting permission to increase the width of an existing curb cut on Broadway which serves as the loading driveway for the Harvard Art Museum facility at 32 Quincy Street and the closing of a second curb cut at this site on Broadway, close to the intersection with Prescott Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association.

3. An application was received from Phoenix Landing, requesting permission for a sandwich board sign in front of premises numbered 512 Massachusetts Avenue.

4. An application was received from Faron Salon, requesting permission for a sandwich board sign in front of premises numbered 57 JFK Street.

5. An application was received from Beadworks, requesting permission for a sandwich board sign in front of premises numbered 23 Church Street.

RESOLUTIONS
1. Gratitude to Partners in Health and the organizers of the Urban Walk for Haiti which will take place on Mar 27, 2010 beginning at 12:00 p.m. at Saint Paul's Church, 29 Mount Auburn Street, Cambridge.   Councillor Simmons

2. Resolution on the death of Howard Zinn.   Councillor Decker, Councillor Davis, Councillor Seidel

3. Resolution on the death of Private First Class Gifford E. Hurt.   Councillor Decker

4. Congratulations to Bartley's Burger Cottage on the occasion of its 50th Anniversary.   Councillor Davis

5. Congratulations to Eustaguio Junior Langame and Larissa Cristine Horta on the birth of their son, Nathan Hope Horta Langame.   Councillor Toomey


6. Resolution on the death of Isaura (Pinto) da Cunha.   Councillor Toomey

7. Happy 70th Birthday wishes to Ethel Toner.   Councillor Maher

8. Congratulations to the teachers of the Cambridge Public Schools on their retirement.   Councillor Simmons

9. Resolution on the death of Paul F. Balordi.   Councillor Toomey

10. That the City Council go on record in support of an open letter to State Auditor Joseph DeNucci and Senate President Therese Murray urging the state to cover all of the election costs.   Councillor Simmons


ORDERS
1. That the City Manager is requested to work with the various City departments and building owners to make some of the vacant retail and commercial spaces available to non-profit groups who have need of temporary space.   Councillor Davis

2. That the City Manager is requested to report to the City Council on what are the requirements of tap water being available on request in licensed establishments such as restaurants, take-out places, pizza parlors, sandwich shops and coffee shops.   Councillor Davis

3. That the City Manager is requested to report back to the City Council on what impact the cancellation of the Massachusetts Department of Transportation's Urban Ring project would have on the City of Cambridge.   Councillor Decker

4. That the City Manager is requested to notify the City Council if Martins Maintenance is awarded a contract through the City of Cambridge.   Councillor Decker

5. That the City Manager is requested to consult with the Law Department as to the development of an ordinance that would limit the distribution of telephone books to those who request them.   Councillor Maher


6. That the City Council utilize a runoff election procedure in its election of the mayor for the 2010 mayoral election.   Councillor Cheung.
Charter Right - Decker

7. That the Acting Chair of the City Council shall appoint the members and chairs of 2008-2009 City Council Committees as acting chairs and committee members of the same 2010-2011 committees, effective immediately.   Councillor Cheung
Charter Right - Kelley

8. That the City Council hold a Special Meeting on Wednesday, February 10, 2010 for the purpose of election of a mayor; and if no mayor is elected on that date, that the City Council hold a Special Meeting on February 17, 2010 for election of a mayor.   Councillor Maher
Charter Right - Davis


MISCELLANEOUS
1. Communication from City Manager Robert W. Healy, transmitting the 2009 Cambridge Health Alliance's Annual Report.

HEARING SCHEDULE
Mon, Feb 1
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Feb 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 1
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Mar 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 16
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Mar 22
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

Mon, May 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, May 4
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, May 10
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 17
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Feb 1, 2010
COUNCILLOR DAVIS
WHEREAS: During this economic downturn there is vacant retail and commercial space in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the various City departments and building owners to make some of these spaces available to non-profit groups who have need of temporary space; and be it further
ORDERED: That the City Manager report back to the City Council as to whether or not any of these initiatives are successful.

O-2     Feb 1, 2010
COUNCILLOR DAVIS
WHEREAS: The waste produced by mountains of water bottles is a serious problem; and
WHEREAS: Some eating or takeout establishments may not provide tap water on request; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report to the City Council on what are the requirements of tap water being available on request in licensed establishments such as restaurants, take-out places, pizza parlors, sandwich shops and coffee shops; and be it further
ORDERED: That the City Manager be and hereby is requested to report on whether, if no requirements now exist, the City Council could adopt a policy to require the serving of tap water on request.

O-3     Feb 1, 2010
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on what impact the cancellation of the Massachusetts Department of Transportation's Urban Ring project would have on the City of Cambridge.

O-4     Feb 1, 2010
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that Martins Maintenance, a janitorial service contractor, is bidding to win the contract for the Cambridge Public Library system; and
WHEREAS: That National Labor Relations Board authorized an official complaint against Martins Maintenance after finding cause to proceed on the assertions that a Martins Maintenance supervisor engaged in a workplace assault against a contracted janitor in its employ; and
WHEREAS: The City of Providence passed a Council Resolution which stated that the "..City Council and the City of Providence strongly and emphatically discourages all building owners, private businesses, and municipal buildings and entities in our City [Providence] from hiring Martins Maintenance, and declares Martins Maintenance a business non grata in the City of Providence"; and
WHEREAS: The City of Cambridge affirms that every worker's family is stronger when they have job stability, when every worker is free to join with their coworkers to advocate for a safe and health workplace and organize to better their working and living conditions without threats or intimidation; and
WHEREAS: The City of Cambridge has been and remains committed to ensuring companies recognize and uphold the rights guaranteed to workers by federal, state, and municipal laws, and that companies operate with honest and responsible business practices; and
WHEREAS: This City Council affirms the rights of all people working within the City that are guaranteed to them under federal, state, and municipal laws; and
WHEREAS: This City Council adopts the City of Providence's caution and the City of Cambridge too strongly and emphatically discourages all building owners, private businesses, and municipal buildings and entities in our City from hiring Martins Maintenance, and declares Martins maintenance a business non grata in the City of Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to notify the City Council if Martins Maintenance is awarded a contract through the City of Cambridge.

O-5     Feb 1, 2010
COUNCILLOR MAHER
WHEREAS: Every year, residents of Cambridge receive unsolicited deliveries of telephone books which, in many cases, are unused, unwanted and costly and which cause a negative effect on the environment and contribute to pollution; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Law Department as to the development of an ordinance that would limit the distribution of telephone books to those who request them; and be it further
ORDERED: That the City Manager and Law Department look to other communities that have successfully developed ordinances which address this issue; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on this matter and that the report also include information on whether the distribution of unsolicited free newspapers can be similarly limited without violating the Constitution.


O-6     February 1, 2010  Charter Right - Decker
COUNCILLOR CHEUNG
WHEREAS: When the City Council does not elect a mayor in the first few weeks of the Council term, the business of the City Council, particularly in the important area of policymaking through its committees, is negatively impacted, and the public is left with an uneasiness about what many perceive as gridlock; and
WHEREAS: Instant runoff voting provides a method of ranking choices that makes it possible to break through the gridlock of an undecided election by proceeding to a conclusion that reflects the choice of the majority in a more nuanced calculation; now therefore be it
ORDERED: That the City Council utilize a runoff election procedure in its election of the mayor for the 2010 mayoral election.

O-7     February 1, 2010  Charter Right - Kelley
COUNCILLOR CHEUNG
WHEREAS: When the City Council does not elect a mayor in the first few weeks of the Council term, the business of the City Council, particularly in the important area of policymaking through its committees, is negatively impacted, and the public is left with an uneasiness about what many perceive as gridlock; now therefore be it
ORDERED: That the Acting Chair of the City Council shall appoint the members and chairs of 2008-2009 City Council Committees as acting chairs and committee members of the same 2010-2011 committees, with the new councillor being appointed as member and chair of the committees on which the departed councillor served during the 2008-2009 City Council; and further that such appointments shall be effective immediately and shall remain in effect until such time as the councillor elected 2010-2011 Mayor appoints permanent members and chairs.

O-8     February 1, 2010  Charter Right - Davis
COUNCILLOR CHEUNG
WHEREAS: It is important for the City of Cambridge that the City Council business move forward in a timely manner; and
WHEREAS: The lack of a mayor is not conducive to this end; and
WHEREAS: A member of the City Council is unable to be present at the February 8, 2010 City Council meeting; and
WHEREAS: Monday, February 15, 2010 is the Presidents' Day Holiday, and therefore there is no meeting; now therefore be it
ORDERED: That the City Council hold a Special Meeting on Wednesday, February 10, 2010 for the purpose of election of a mayor; and if no mayor is elected on that date, that the City Council hold a Special Meeting on February 17, 2010 for election of a mayor.


AWAITING REPORT LIST
09-147. Report from the City Manager:
RE: report on what barriers would prevent residents from raising chickens and what could be done to remove these barriers. Remains on Awaiting Report List at request of Councillor Davis
Councillor Davis and Full Membership 12/14/09 (O-2)

10-01. Report from the City Manager:
RE: report on status of new smoke detector regulation and how the regulation related to Cambridge residential structures.
Councillor Davis and Full Membership 01/11/10 (O-2)

10-02. Report from the City Manager:
RE: report on an assessment and plan for repairs and improvements of all school playgrounds.
Councillor Maher and Full Membership 01/11/10 (O-3)

10-03. Report from the City Manager:
RE: report on what assistance can be provided to the Kesher Afterschool program, which is currently located in the St. James Church property and will be displaced in June, 2010.
Councillor Simmons and Full Membership 01/25/10 (O-1)

10-04. Report from the City Manager:
RE: report on how effective the school vaccine program was.
Councillor Kelley and Full Membership 01/25/10 (O-4)

10-05. Report from the City Manager:
RE: report on the recording of covenants associated with the St. James Church and whether the City can get its money back if a future project negatively impacts the historic aspects of the property.
Councillor Kelley and Full Membership 01/25/10 (O-5)

10-06. Report from the City Manager:
RE: report on how the City pool and two DCR pools will be kept open through the end of the summer of 2010.
Councillor Kelley and Full Membership 01/25/10 (O-6)

10-07. Report from the City Manager:
RE: report on installing signage on Memorial Drive warning drivers of upcoming lane of parked cars.
Councillor Decker 01/25/10 (O-11)