The meeting began with the swearing in of newly-elected Councillor Larry W. Ward. Later in the meeting, Councillor Sam Seidel was elected Vice-Chair of the City Council (often called "Vice mayor") by an 8-0-1 vote of his colleagues (with Decker ABSENT).

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Constables for a term of three years, effective the first day of January, 2009:
With Power: Fred W. McDonald, Charles M. Durrah
Without Power: Richard M. Chicoine, Sr., John Dudley, Hector J. Collazo, William Kelly, Edwin Marte, Raymond Conn

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-151, regarding a report on the status of pedestrian access in and around Russell Field.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-10, regarding a report on reopening access from Westley Avenue to Linear Park.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-154, regarding a report on whether the fire hydrants closest to 72-74 Lexington Avenue were functioning properly during the recent fire.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $115,000 from the Water Department Salary and Wages account to the Water Department Travel and Training (judgment and damages) account to cover current and anticipated medical services/prescription costs and workers compensation lump sum settlement costs for employees injured during the performance of their work duties.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $115,000 from Water Salaries and Wages account to Water Other Ordinary Maintenance account to cover an operating shortfall caused by an unanticipated increase in the cost of potassium hydroxide which is a chemical used to treat the City's water.

Mar 2, 2009

To the Honorable, the City Council:

I am hereby requesting the transfer of $115,000 from Water Salaries and Wages account to Water Other Ordinary Maintenance account to cover an operating shortfall caused by an unanticipated increase in the cost of potassium hydroxide which is a chemical used to treat the City's water.

The current cost of potassium hydroxide is $7.76/gallon as compared to $2.17/gallon a year ago. Based on the annual usage of this chemical, this translates into a $1,008,000.00 annual cost increase. Alternatively, sodium hydroxide currently cost $2.83/gal. Based on the switch to sodium hydroxide in January 2009, the Water Department will save approximately $440,000 this fiscal year. However, this transfer is required to cover the additional chemical cost increases for a portion of the fiscal year coupled with reallocations within the other ordinary maintenance accounts to cover an estimated net shortfall of $315,000. An additional transfer of $200,000 is being recommended from Water Public Investment balances.

Background

The Cambridge Water Department, after receiving approval from the Massachusetts Department of Environmental Protection, and consultation with the Cambridge Public Health Department, and Water Board, changed the chemical used to treat the city's water supply. Starting in February 2009, sodium hydroxide (NaOH) replaced potassium hydroxide (KOH) as the chemical used to adjust the pH of our finished water. A proper pH is necessary for controlling corrosion, and preventing lead and copper from leaching into our water. The decision to switch to sodium hydroxide was made because of difficulties in obtaining potassium hydroxide and the greater costs associated with the use of potassium hydroxide compared to sodium hydroxide.

The immediate impact of the change will be an increase in the sodium level in the municipal drinking water from 63 milligrams/liter to 70 milligrams/liter. The Cambridge Public Health Department has indicated, after consultation with the research community, that this slight increase in sodium levels will not impact community health. For people on a sodium-restricted diet, drinking one liter of Cambridge tap water per day would constitute a mere 0.3% of their recommended dietary sodium intake. According to federal guidelines, individuals should continue to limit sodium intake to 2500 mg daily. Primary sources of sodium in individual's diets are processed foods and added salt.

Very truly yours, Robert W. Healy, City Manager

7. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $200,000 from Water Public Investment Extraordinary Expenditure accounts to the Water Operating Other Ordinary Maintenance account to cover an operating shortfall caused by an unanticipated increase in the cost of potassium hydroxide which is a chemical used to treat the City's water as described in Agenda Item Number 6.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $100,000 from Executive Public Investment Extraordinary Expenditures account to the General Fund Police Extraordinary Expenditures account to cover the purchase of five replacement unmarked vehicles.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of donations received by the Peace Commission in the amount of $1,263 to the Grant Fund Peace Commission Other Ordinary Maintenance account received in support of the annual Peace and Justice Awards Dinner and will be used to offset the cost of the dinner as well as to support Peace Commission activities.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Temporary Emergency Shelter grant received from the Department of Transitional Assistance for $176,750.00 to the Grant Fund Human Service Programs Salary and Wages account ($26,854.68), Other Ordinary Maintenance account ($149,595.32), and the Travel and Training account ($300.00) and will be used to provide operating expenses for a partnership between the Multi-Service Center and the Cambridge YWCA.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Emergency Food and Shelter National Board Program (EFSP), formerly from FEMA, for $12,000.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account and will be used to supplement fuel assistance payments.

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-09, regarding a report on the effects of new Bicyclist Safety Laws on Cambridge.
Highlights: The new law requires police training on bicycle law and how to avoid dangerous behavior by bicyclists and motorists; clarifies rules of the road for motorists as they apply to bicycles and bicyclists; makes "dooring" (opening a car door into the path of a bicycle or other vehicle) subject to ticket and fine statewide; and requires bicycle rental business to make bicycle helmets available.

Details of the New Law

Changes for Bicyclists

1. Safer Signaling: Bicyclists were already required to use hand signals when stopping or turning, but now it is clear that they are not required to signal when both hands are needed on the handlebars, such as when operating the brakes, shifters, or steering.

2. Riding Two Abreast Permitted: Bicyclists are no longer restricted to riding single file at all times. Bicyclists may now ride two abreast (two bicycles, side-by-side), except that they still have to allow faster vehicles to pass when needed.

Changes for Motorists

3. Don't "Door" Bicyclists: Motorists (and their passengers) can now be ticketed and fined up to $100 for opening car or truck doors into the path of any other traffic, including bicycles and pedestrians. "Dooring" is a frequent cause of bicycle crashes and bicyclist injuries.

4. Don't Cut Off Bicyclists After Passing: Motorists used to be required only to stay a safe distance to the left of a bicyclist (or any other vehicle) when passing; now, motorists are also prohibited from returning to the right until safely clear of the bicyclist.

5. Don't Squeeze Bicyclists in Narrow Lanes: If the lane is too narrow for a motorist to pass a bicycle (or any other vehicle) at a safe distance while staying in the lane, the motorist must use another lane to pass, or, if that is also unsafe, the motorist must wait until it is safe to pass.

6. Don't "Right-Hook" Bicyclists: A "right-hook" is when a motorist makes an abrupt right turn too close to a bicyclist, causing the cyclist to crash or make an emergency maneuver to avoid crashing. Motorists are now prohibited from making abrupt right turns at intersections and driveways after passing a cyclist.

7. Yield to All Bicycles Before Turning Left: Motorists are already required to yield to oncoming vehicles (including bicycles) before turning left. The law now expressly includes yielding to bicyclists riding to the right of other traffic (e.g., on the shoulder), where they are legally permitted but may be more difficult for motorists to see.

8. Motorists Liable for Hitting Bicyclists Riding to the Right: Bicycles, unlike other vehicles, are permitted to ride to the right of other traffic (e.g., on the shoulder), and motorists are not permitted to use this fact as a legal defense for causing a crash with a bicyclist.

Changes for Bicycle Rental Businesses

9. Helmet Availability: Bicycle rental businesses are now required to make helmets available to renters. The renters can still choose not to wear a helmet, as long as a helmet is available if they want one. Children 16 and under must wear helmets in Massachusetts.

Police Training and Enforcement

10. Police Training: Police recruits are now required to receive training on the bicycle-related laws, bicyclist injuries, dangerous behavior by bicyclists, motorists’ actions that cause bicycle crashes, and motorists intentionally endangering bicyclists.

11. Enforcement: Under the old law, each city or town that wanted to write tickets to bicyclists for violating traffic laws had to create its own procedure, unlike the procedure for ticketing motorists, which is the same throughout the state. The new law eliminates the separate procedure for bicyclists; the existing procedure for motor vehicles will be used for bicyclists as well.

Other Changes

12. Bicycle Registration Repealed: The bicycle registration law permitted any city or town to require residents to register their bicycles, to require bicycle rental businesses to register their bicycle fleets, and to require bicycle shops to file reports identifying the purchaser of every bicycle. The registration law was not being used or enforced in the state.

13. Safety Standard for Helmets : The acceptable standard for bicycle helmets is changed to refer to the U.S. Consumer Product Safety Commission.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 08-107, 08-108 and 09-08, regarding North Point.

City Manager Letter

Mar 2, 2009

To the Honorable, the City Council:

In response to Awaiting Report Item Numbers 08-107, 08-108 and 09-08, regarding North Point, Assistant City Manager for Community Development Beth Rubenstein reports the following:

The two original partners in the North Point development have been in a legal dispute for several years now. Ordered by a court in Delaware to sell their interest in the property, the partners have attempted to do so. Most recently, in Fall 2008, the sellers entered into a purchase and sale agreement with Berkeley Investments (the second such agreement). During the due diligence period, which ended in December 2008, the prospective buyers sought a price reduction. When that was not forthcoming, Berkeley declined to exercise their option. As of now, we do not know of any prospective buyer for the project. The first two buildings in the project, condominiums at Buildings S and T, have been completed and are being marketed.

The North Point project received its special permit approvals from the Planning Board in 2003. One of the special permit conditions is to relocate the Green Line Station from Lechmere to the north side of the O'Brien Highway. Phase II of the project, the last 1.9 million square feet (out of a total of 5 million square feet), cannot be built until the station has been moved.

In addition, in 1999, the Massachusetts Bay Transportation Authority entered into an agreement with the original developers of North Point to move the Green Line station, which is the first step in extending the Green Line into Somerville and Medford. (The state is obligated to complete the Green Line extension by the end of 2014.) For the time being, the state Executive Office of Transportation has assumed responsibility for the Green Line extension project. As part of the station design, EOT is designing new pedestrian crossings of O'Brien Highway, to ensure safe and convenient access to the new station, as well as the extension of First Street into North Point. Public meetings on the Green Line extension are being held in Somerville and Medford in March and in Cambridge later this spring.

Very truly yours, Robert W. Healy, City Manager

ON THE TABLE
1. Opposition to the closing of the Oliver Farnum Senior Health Center. [Placed on Table on motion of Councillor Maher on Order Number Fourteen of Nov 3, 2008.]

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

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

APPLICATIONS AND PETITIONS
1. An application was received from Danversbank, requesting permission for a sign at the premises numbered 485 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

2. An application was received from Finagle A Bagel, requesting permission for eight tables and sixteen chairs for restaurant seating in front of 11 First Street.

3. An application was received from WRAPRO Falafel & Grille, requesting permission for four tables and twelve chairs for restaurant seating in front of 1670 Massachusetts Avenue.

4. An application was received from The Elephant Walk, requesting permission for eight tables and sixteen chairs for restaurant seating in front of 2067 Massachusetts Avenue.

5. A zoning petition has been received from Lesley University, to amend the Zoning Map and Article 20.000 of the Zoning Ordinance by adding "Section 20.200 Lesley Porter Overlay District."  Referred to Ordinance Committee and Planning Board

COMMUNICATIONS
1. A communication was received from Robert J. LaTremouille, transmitting a copy of a revised draft Environmental Impact Report/draft environmental impact statement for the Urban Ring Phase 2 Project.

2. A communication was received from Robert J. McCarthy, Senior Vice President, North Cambridge Catholic High School, transmitting thanks for the resolution extending best wishes on his completion of service at North Cambridge Catholic High School.

3. A communication was received from John G. Wofford, transmitting opposition to the renaming of Plympton Street for David Halberstam.  Referred to Gov't Ops. Committee

4. A communication was received from Dan Meltzer, transmitting thanks for the resolution on his appointment to the Obama Administration.

5. A communication was received from Yvonne M. Gallant, transmitting thanks for the beautiful resolution on the loss of her sister.

RESOLUTIONS
1. Resolution on the death of David Gravelese.   Councillor Toomey

2. Resolution on the death of Joseph G. Bourne.   Councillor Reeves

3. Resolution on the death of Deaconess Earl V. (Stith) Murrell.   Councillor Reeves

4. Resolution on the death of Deaconess Ruby (Harris) Sutherland.   Councillor Reeves

5. Retirement of Pedro Rodrigues from the Public Works Department.   Mayor Simmons

6. Resolution on the death of J. Marie A. Mahoney.   Councillor Maher

7. Retirement of Alta Moise from the Cambridge Hospital.   Mayor Simmons

8. Resolution on the death of Stanley "Stash" A. Horowitz.   Councillor Maher, Councillor Toomey, Councillor Davis

9. Urge residents to participate in the Cambridge Open Studio events on Apr 25-26, 2009, May 9-10, 2009 and May 30-31, 2009.   Councillor Decker

10. Resolution on the death of Catherine M. (McCarthy) Clinton.   Councillor Maher

11. Retirement of Lynne Molnar from the Election Commission.   Mayor Simmons [she certainly must mean Artis Spears]

12. Resolution on the death of Staff Sergeant Mark C. Baum.   Councillor Decker
13. Resolution on the death of Private First Class Cwislyn K. Walter.   Councillor Decker
14. Resolution on the death of Staff Sergeant Sean D. Diamond.   Councillor Decker
15. Resolution on the death of Corporal Stephen S. Thompson.   Councillor Decker
16. Resolution on the death of Lieutenant Colonel Garnet R. Derby.   Councillor Decker
17. Resolution on the death of Private First Class Albert R. Jex.   Councillor Decker
18. Resolution on the death of Private First Class Jonathan R. Roberge.   Councillor Decker
19. Resolution on the death of Sergeant Joshua A. Ward.   Councillor Decker
20. Resolution on the death of Specialist Darrell L. Fernandez.   Councillor Decker
21. Resolution on the death of Specialist James M. Dorsey.   Councillor Decker
22. Resolution on the death of Specialist Christopher P. Sweet.   Councillor Decker

23. Congratulations to Dr. Lisa Dobberteen and Margaret and Richard Thomas on the success of their book entitled "Love and Limits: In and Out of Child Care."   Councillor Decker

24. Thanks to the Women's commission and the Cambridge Historical Project for their efforts to commit to memory the importance of the 1972 takeover of 888 Memorial Drive.   Mayor Simmons

25. Congratulations to Artis Spears for all her years of hard work and dedication.   Councillor Reeves

26. Best wishes to the Cambridge Community of Realtors on the occasion of the 2009 Mardi Gras Soiree.   Councillor Davis

27. Resolution on the death of Michael C. Parise.   Councillor Toomey

28. Resolution on the death of Joan M. (Crimmins) Silva.   Councillor Toomey

29. Resolution on the death of Joanne P. (Brescia) Calleva.   Councillor Toomey

30. Resolution on the death of Lucille Ann "Lucy" (Dukeman) Costa.   Councillor Toomey

31. Resolution on the death of Roland Paris.   Councillor Toomey

32. Resolution on the death of Henry J. "Hank" Wilayto.   Councillor Toomey

ORDERS
1. That following the administration of the Oath of Office to the Councillor-elect, the City Council shall proceed to the election of a Vice Mayor.   Mayor Simmons
Councillor Sam Seidel was elected Vice-Chair of the City Council on an 8-0-1 vote by his colleagues (with Decker ABSENT).

2. That the City Manager is requested to put on hold all permits that the developer may request or require from the City of Cambridge until legal proceedings surrounding the natural resource value of the silver maple forest in Cambridge and Belmont have been resolved.   Councillor Davis, Councillor Seidel and Councillor Kelley  Amended

3. That the City Manager is requested to confer with the Chief Public Health Officer to investigate the possibility of requiring chain restaurants to display calorie information on their menus.   Councillor Decker

4. That the City Council is requested to approve the amount of $1500 in additional travel expenses.   Councillor Davis  Approved 7-1-1 (Kelley NO, Decker ABSENT)

5. That the City Manager is requested to report back to the City Council on opportunities for electric vehicles to recharge in Cambridge and related issues.   Councillor Davis

6. That the City Manager is requested to confer with the Commissioner of Public Works and report back to the City Council with an update to the status of the city's drinking fountains and to be sure they will be operable for the coming summer months.   Councillor Toomey

7. Requesting the Cambridge Housing Authority provide notice to the City Council of community meetings on changes to the CHA housing policy and not hold the meetings on Monday nights.   Councillor Decker and Mayor Simmons

8. That the City Manager be and hereby is requested to report back at the earliest possible opportunity to the City Council on efforts undertaken by the City of Cambridge and other organizations such as the Red Cross to shelter and sustain those made homeless by the fire at 923-925 Massachusetts Avenue.   Vice Mayor Seidel

9. That the City Manager is requested to provide test data for lead levels on artificial turf at fields and tot lots and if no such data is available, to arrange for lead testing, and to report back to the City Council on this matter.   Councillor Davis

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Health and Environment Committee, for a meeting held on Feb 3, 2009 to discuss the distribution of fresh fruits and vegetables in Cambridge.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Marilyn Y. Bradshaw, Executive Secretary of the School Committee, transmitting notification of an order adopted by School Committee that the City test for lead levels on fields and tot lots in Cambridge.  Referred to City Manager with recommendation to test for lead in turf on playing fields

2. A communication was received from Marsha Weinerman, Director, Board of Election Commissioners, transmitting a copy of the Feb 24, 2009 Redistribution of former City Councillor Brian Murphy's ballots.

HEARING SCHEDULE
Mon, Mar 2
5:00pm   Special City Council Meeting to administer the oath of office to Councillor-elect Larry W. Ward.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Mar 10
2:00pm   The Human Services Committee will conduct a public meeting to discuss how Cambridge can adapt the Harlem Children's Zone Baby College Program and/or principles to provide parent education for low income families that will provide the tools they need to help their children succeed.  (Sullivan Chamber)

Wed, Mar 11
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss community gardens, receive an update on the possibility of a Cambridge Farm and any other matters relating to growing fruits and vegetables in Cambridge.  (Sullivan Chamber)

Mon, Mar 23
5:00pm   Special Presentation for Women's History Month  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Thurs, Mar 26
10:30am   The Human Services Committee will conduct a public meeting to enable more community discussion of the closing of neighborhood health clinics by the Cambridge Health Alliance.  (Sullivan Chamber)  Councillor Reeves notes that the time of the meeting will be changed.

Mon, Mar 30
5:30pm   Roundtable Meeting with School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Wed, Apr 1
1:00pm   The Human Services Committee will conduct a public meeting to discuss the issue of choosing college graduation for Cambridge children in low income families and how to advance that goal with a program similar to the Harlem Children's Zone Office of College Success.  (Sullivan Chamber)
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss promoting and harvesting fruit trees and the planting, care and maintenance of street trees.  (Sullivan Chamber)

Mon, Apr 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 27
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

Mon, June 29
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, July 27
5:30pm   Special City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

TEXT OF ORDERS
O-1     Mar 2, 2009  Councillor Sam Seidel was elected Vice-Chair of the City Council on an 8-0-1 vote by his colleagues (with Decker ABSENT).
MAYOR SIMMONS
ORDERED: That following the administration of the Oath of Office to the Councillor-elect, the City Council shall proceed to the election of a Vice Mayor.

O-2     Mar 2, 2009  Amended
COUNCILLOR DAVIS
COUNCILLOR SEIDEL
COUNCILLOR KELLEY
WHEREAS: The City Council has passed numerous orders noting the natural resource value of the silver maple forest and requests to the City Manager to protect these watershed woodlands in Belmont and Cambridge (Apr 10, 2000; Sept 24, 2001; July 29, 2002; Oct 20, 2003; Feb 28, 2005; Mar 19, 2007; Mar 25, 2008); and
WHEREAS: The City Council has asked the City Manager to report to the Health and Environment Committee any further discussion or negotiations on the Silver Maple forest, and it was ordered that no action be taken on this matter unless considered by the Council, and there has been no response to date; and
WHEREAS: Two hearings were held by the Health and Environment Committee during which professional consultants and neighbors of Belmont, Arlington and Cambridge overwhelmingly requested (1) the preservation of the silver maple forest in Belmont and Cambridge and (2) that storm water sewer connections to the 299 proposed units not send the buildings' effluent through Cambridge; and
WHEREAS: The Belmont Conservation Commission has denied the developer-applicant its request for a permit based on building design and wetlands and habitat protection, has appealed the Department of Environmental Protection decision to override the denial, and is in the process of participating, with other intervenors, in adjudicatory hearings at the state level; and
WHEREAS: Winn Brook neighborhood homeowners have filed a Land Court case in order to protect their homes from flooding and sewage back-ups as well as to preserve the wildlife habitats associated with the silver maple forest, supported by expert testimony from hydrology, stormwater and sewer and wildlife/wetlands specialists; and
WHEREAS: Nearly three acres of the Belmont Uplands silver maple forest are in Cambridge and there are currently permits being requested by the developer from the City of Cambridge prior to the official state and town resolutions of these same issues; now therefore be it
ORDERED: That the City Manager be and hereby is requested to put on hold all permits that the developer may request or require from the City of Cambridge until legal proceedings surrounding this project as described above have been resolved; and be it further
ORDERED: That the Conservation Commission be and hereby is requested to meet with the Belmont Conservation Commission before any additional decisions are made; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-3     Mar 2, 2009
COUNCILLOR DECKER
WHEREAS: This Council has learned that a New York City law requiring chain restaurants to display calorie information on their menus was recently upheld by a Federal Appeals court. The rule applies to restaurants that are part of chains with at least 15 establishments doing business nationally; and
WHEREAS: Displaying nutritional information may lead consumers to make healthier choices; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Public Health Officer to investigate the possibility of requiring chain restaurants to display calorie information on their menus.

O-4     Mar 2, 2009
COUNCILLOR DAVIS
WHEREAS: Henrietta Davis is Vice-Chair of the National League of Cities Energy, Environment and Natural Resources Steering Committee which is meeting in Portland, Oregon on Apr 17-18, 2009; and
WHEREAS: Henrietta Davis will have a leadership role in the National League of Cities Green Cities Conference which immediately follows on Apr 18-21, 2009; now therefore be it
ORDERED: That the City Council be and hereby is requested to approve the amount of $1500 in additional travel expenses.

O-5     Mar 2, 2009
COUNCILLOR DAVIS
WHEREAS: In January 2009 Massachusetts passed a law authorizing low-speed vehicles on certain public roads; and
WHEREAS: Several cities have begun pilot projects for testing electric charging stations and investigating the issues that need to be addressed such as how to encourage drivers to charge at off-peak times and how to bill electricity used at public charging stations back to drivers; now therefore be it
ORDERED: That the City Manager be and hereby by requested to report back to the Council on opportunities for electric vehicles to recharge in Cambridge and related issues.

O-6     Mar 2, 2009
COUNCILLOR TOOMEY
WHEREAS: During the summer of 2008 all city drinking fountains were vandalized and rendered inoperable for summer months; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and report back to the City Council with an update to the status of the city's drinking fountains and to be sure they will be operable for the coming summer months.

O-7     Mar 2, 2009
COUNCILLOR DECKER
MAYOR SIMMONS
WHEREAS: It has come to the attention of the City Council that communication between the Cambridge Housing Authority and the City Council regarding changes in CHA policy can be improved; and
WHEREAS: That the CHA has been requested to provide the City Council with an update on the previous community meetings held regarding changes in the CHA's housing policies; now therefore be it
RESOLVED: That the CHA is requested to provide notice to the City Council about future community meetings so that the Councillors can provide up to date information to constituents regarding changes in CHA policy; and be it further
RESOLVED: That the City Council requests that these future meeting not be held on Monday nights - which would preclude the Councillors from attending; and be it further
RESOLVED: That the City Council requests a report on the "Move to Work" program, and would also like to be informed of what changes have been to this program from the time it was launched to the present day; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Executive Director of the Cambridge Housing Authority on behalf of the entire City Council.

O-8     Mar 2, 2009
VICE MAYOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the causes of the recent fire at 923-925 Massachusetts Avenue; and be it further
ORDERED: That the City Manager be and hereby is requested to report back at the earliest possible opportunity to the City Council on efforts undertaken by the City of Cambridge and other organizations such as the Red Cross to shelter and sustain those made homeless by the fire.

O-9     Mar 2, 2009
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to provide test data for lead levels on artificial turf at fields and tot lots and if no such data is available, to arrange for lead testing, and to report back to the City Council on this matter.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Health and Environment Committee held a public meeting on Tues, Feb 3, 2009 at five o’clock and two minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss the distribution of fresh fruits and vegetables in Cambridge.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Mayor E. Denise Simmons; Deputy City Manager Richard Rossi; Jennifer Wright, Director, Conservation Commission; Stephanie Ackert, Division Head, Planning and Development, Department of Human Services Programs (DHSP); Emma Watkins, Director, City-wide Senior Center; Lena Bell, Coordinator, Senior Center Food Pantry; Stuart Dash, Director of Community Planning, Community Development Department (CDD); Luisa Oliveira, CDD; Dawn Olcott and Jose Wendell, Cambridge Public Health Department; Faith Marshall, Cambridge Housing Authority; Penny Peters, chambermaid to Councillor Davis; and Deputy City Clerk, Donna P. Lopez.

Also present were Chris Durkin, Harvest Coop Market; Laura Smith, Educator, Whole Foods Market; Ginny Kopacz, Marketing and Community Relations, Whole Foods Market; David Leslie, Executive Director, Food for Free, 11 Inman Street; Betsy Johnson, 11½ Greenwich Park, Boston, President, South End/Lower Roxbury Open Space Land Trust; Kathy Gardner, 32 Chalk Street; Tim Kiely and Katie O’Keefe, 107 Gore Street #10; Kari Kuelzer, 10 Copley Street; Zeyneb Magavi, 612 Huron Avenue; Steve Wineman, GreenPort, 26 McTernan Street; Minka vanBeuzekom, 20 Essex Street; Frank Connelly, 198 Fayerweather Street; Helen Snively, 1 Fayette Park; Joanne Herlihy, 410 Norfolk Street; and Patricia Singer, 45A Museum Street.

Councillor Davis opened the meeting and explained the purpose. This is the third in a series of meetings on growing fruits and vegetables. This meeting will discuss Food Policy Councils (FPC). Food for Free will discuss the need for more fruits and vegetables. The meeting started with a discussion of FPCs. Councillor Davis asked Jose Wendell to give an overview of action on the state level.

Ms. Wendell stated that the Massachusetts Department of Public Health has proposed two regulations. They are menu labeling and measuring the body mass index (BMI) for children in grades 1, 4, 7 and 10, and sharing that information with parents. Cambridge already does this. Hearings would be held on both proposed regulations. Representative Brownsberger has proposed a wellness fund. There is an initiative to establish nutritional school meals standards. College and university vendors have been added. There is a proposal for mandating nutritional drinks and school snacks in schools. Other issues are the commercialism of food in schools and physical education. An act to establish a state Food Policy Council (FPC) was resubmitted on Jan 21, 2009. FPCs would review and make recommendations on food for seniors and children. Ms. Olcott spoke next on FPCs.

Ms. Olcott stated that she gave a PowerPoint Presentation on FPCs at the Health and Environment Committee meeting on July 1, 2008. There are 50 FPCs in the United States and Canada. They are organized at city, state, county and regional levels and each is different. She proceeded to highlight the FPCs for various states. (See Attachment A).

The committee then heard from Betsy Johnson, organizer for the Massachusetts Food Policy Council Working Group, President of the South End/Lower Roxbury Open Space Land Trust and Former Director of the American Community Gardening Association, who stated that the driving force behind establishing FPCs is for food security and for access to healthy food for all while maintaining food quality. No city in the US has more than three-day supply of food. The Food Security Coalition maintains database on food security access (www.foodsecurity.org). The state FPC working group started meeting after Governor Patrick was elected. The Food and Agriculture Department became the Department of Agriculture under Governor Romney. The FPC’s aim would be to strengthen access to healthy food and to expand the local growers’ agricultural economy. The group started with farmers and members of the public health community and expanded to include farmer’s market, environmental, public health and hunger relief organizations. Worcester and Holyoke have FPCs. A food policy bill was written, but did not pass the legislature in 2008. The distributors and grower lobbies were not engaged. They were not invited to participate. The companion piece is funding. There are 50 different organizations, but an outside entity needs to formalize itself with flexibility to be an advocate and network with other FPCs. Structure, policy and funding are being worked on now. There is an attempt to have regional forums. The food system has changed over the last 40-50 years and now there are major efforts to encourage fresh fruits and vegetables.

At five o’clock and forty-five minutes p. m. Councillor Davis opened the meeting to public comment. No one appeared during public comment.

At this time Councillor Davis opened the meeting to the food supply. She introduced Mr. Leslie, Food for Free.

Mr. Leslie stated that Food for Free began in 1981. Food is collected and distributed to those in need. His work is 85-90% in Cambridge; some in Boston and Somerville. He distributes food to 60 programs. The focus is on fresh fruits and vegetables and bread. He gets some food from the Boston Food Bank. There was 835,000 pounds of food distributed through the emergency food network and 200,000 pounds of food to CEOC. There are 10,000-15,000 people in Cambridge impacted by Food for Free. There is an increase in the need from last year as well as addressing the issue of obesity so that there are healthier snacks. The biggest issue affecting food last year was the increase in food prices. Last year fuel and food prices increased at the same time. While fuel prices have come down making it less expensive to transport food however, food prices have not. He stated that the city generously gives to the food fund. He cited the increase in the price of a 50 pound bag of potatoes has increased from $7.00 to $10-15. Food donations are picked up from the farmers markets. There was 70,000 pounds of free food collected by FFF. He cited the two challenges are food prices and demand. More middle-class people are using the food network for emergency food. He asked each food distributor to comment on their experience.

The committee heard from Lena Bell, Coordinator, City-wide Senior Center Food Pantry, who stated that her pantry feeds 100 on pantry day. It is getting difficult to stretch the food. She is trying to be creative. She thanked Food for Free for their donation. Food for Free donates 20% of the food at the senior center pantry.

Chris Durkin, Harvest Co-Op Market, informed the committee that Harvest has worked with Food for Free for years. There are 4 Community Supported Agriculture (CSA) distributing food shares in their Cambridge and Boston stores. He stated that income has not risen at the same rate as food and fuel prices. Local farmers and gardeners will be needed with the increased need.

Ms. Ginny Kopacz, Marketing and Community Relations, Whole Foods, who informed the committee that Food for Free picks up food four times a week. Out of date foods is used for compost. Compost is distributed to Arborganics and is used for tree preservation. She spoke about direct food distribution to the end user. She suggested that Mr. Leslie call Whole Foods daily to get a greater food gain. Mr. Leslie spoke about a farm in Lincoln used to grow 6,000 pounds of food for Food For Free.

Mr. Rossi stated that he would come back with a feasibility plan on establishing a Cambridge farm. He will look at the Fresh Pond Reservation land when there is no snow on the ground. There is also a parcel of land in Weston. Councillor Davis gave Mr. Rossi the name of farmer looking for land to farm. A city farm could be a green job with training by City Sprouts. She spoke of the program "plant a row for the hungry". Ms. Gardner stated that her community garden would be interested to contribute food this way. Councillor Davis commented that a coordinator is needed for this program. Ms. Wendell suggested a pilot program of one garden.

Zeyneb Magavi suggested that a map be created showing the location of the fruit trees in the city. She further stated that a list of landlords willing to harvest fruit trees would be useful. She suggested planting more fruit trees around the city as well as holding a jam/canning class. Councillor Davis stated that she would be holding a meeting in March to discuss street and fruit trees.

Kari Kuelzer, Proprietor, Grendel’s Den, suggested contacting the restaurants in the Harvard Square in an effort to increase food donations and composting.

Ms. Wendell stated that there should be specific outreach to food pantries for the container gardening project. Mr. Leslie stated that multi-language would be required to teach container gardening. Ms. Watkins stated that a workshop on container gardening will be offered in March at the City-wide Senior Center. Mr. Kiely stated that the Massachusetts Master Gardeners Association has volunteers who could assist. He would look into this and obtain the information.

Councillor Davis thanked those present for their attendance.

The meeting adjourned at six o’clock and forty minutes p. m.

For the Committee,
Councillor Henrietta Davis, Chair

AWAITING REPORT LIST
08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-65. Report from the City Manager:
RE: report on changes to the intersection of River Street and Mass Avenue to allow more pedestrian crossing time before vehicles are allowed to turn.
Mayor Simmons and Full Membership 04/28/08 (O-15)

08-79. Report from the City Manager:
RE: report on how local construction lighting could be limited to the minimum necessary for safety.
Councillor Davis and Full Membership 06/02/08 (O-2)

08-101. Report from the City Manager:
RE: report on working with Boston to create a policy to keep truck traffic to a minimum within the City.
Councillor Toomey and Full Membership 07/28/08 (O-25)

08-105. Report from the City Manager:
RE: report on the possibility of using the parcel on Binney and Fulkerson Streets for a dedicated dog park.
Councillor Toomey, Vice Mayor Murphy & Mayor Simmons 07/28/08 (O-40)

08-107. Report from the City Manager: See Mgr #13
RE: report on ensuring that the responsibility of the developers for a safe crossing will be upheld by the MBTA and that plans will coincide with the vision of future development.
Councillor Toomey and Full Membership 09/08/08 (O-5)

08-108. Report from the City Manager: See Mgr #13
RE: report on the position the City can take on altering the NorthPoint special permit now that the land swap is no longer necessary.
Councillor Toomey and Full Membership 09/08/08 (O-7)

08-109. Report from the City Manager:
RE: report on the progress of addressing rodent complaints and whether the number of complaints has increased or decreased.
Councillor Toomey and Full Membership 09/08/08 (O-8)

08-140. Report from the City Manager:
RE: report on the ownership of Fifth Street between Bent & Binney Streets and the ownership of Rogers Street from Fulkerson to Third Streets and ensure maintenance of these roadways.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-1)

08-141. Report from the City Manager:
RE: report on the possibility of awarding points to affordable housing applicants based on the number of times they've applied.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-5)

08-148. Report from the City Manager:
RE: report on appointing a public housing or Section 8 tenant to fill the existing vacancy on the Cambridge Housing Authority Board of Commissioners.
Councillor Decker and Full Membership 12/08/08 (O-2)

08-150. Report from the City Manager:
RE: report on how many businesses similar to Biogen have relocated some or all of their personnel from Cambridge-based offices, whether there is an indication that others will be leaving, and what the strategies are to keep businesses in Cambridge.
Mayor Simmons and Full Membership 12/08/08 (O-9)

08-151. Report from the City Manager: See Mgr #2
RE: report on status of pedestrian access in and around Russell Field.
Councillor Kelley and Full Membership 12/08/08 (O-10)

08-152. Report from the City Manager:
RE: report on the status of establishing a Walden Street Cattle Pass observation point.
Councillor Decker and Full Membership 12/15/08 (O-1)

08-153. Report from the City Manager:
RE: report on security cameras installed in Cambridge by the U.S. Dept. of Homeland Security.
Councillor Seidel and Full Membership 12/15/08 (O-4)

08-154. Report from the City Manager: See Mgr #4
RE: report on whether the fire hydrants closest to 72-74 Lexington Avenue were functioning properly during the recent fire.
Councillor Decker 12/15/08 (O-12)

08-156. Report from the City Manager:
RE: report on remedy to placing a bus shelter at 2518 Mass Ave. for the #77 bus.
Mayor Simmons 12/22/08 (O-2)

08-158. Report from the City Manager:
RE: report on possible funding to deal with hoarding and to preserve housing.
Councillor Davis 12/22/08 (O-8)

09-02. Report from the City Manager:
RE: report on why trains must idle for extended periods of time in the area of Cambridge Street.
Councillor Toomey and Full Membership 01/12/09 (O-2)

09-03. Report from the City Manager:
RE: report on the fatal pedestrian accident in the Mt. Auburn Shaw's supermarket this past fall.
Councillor Kelley and Full Membership 01/12/09 (O-5)

09-04. Report from the City Manager:
RE: report on the fatal pedestrian accident on Oxford Street on Jan 6, 2009.
Councillor Kelley and Full Membership 01/12/09 (O-6)

09-05. Report from the City Manager:
RE: report on plans for conducting an energy audit of City Hall.
Mayor Simmons and Full Membership 01/12/09 (O-7)

09-06. Report from the City Manager:
RE: report on hours that computers are available to the public in city facilities.
Councillor Davis and Full Membership 01/12/09 (O-10)

09-07. Report from the City Manager:
RE: report on plans to eliminate Sunday library hours.
Councillor Toomey 01/12/09 (O-17)

09-08. Report from the City Manager: See Mgr #13
RE: report with an update on the sale of Northpoint.
Councillor Toomey and Full Membership 02/02/09 (O-4)

09-09. Report from the City Manager: See Mgr #12
RE: effects of the new Bicyclist Safety Law on Cambridge.
Councillor Davis and Full Membership 02/02/09 (O-7)

09-10. Report from the City Manager: See Mgr #3
RE: report on reopening access from Westley Avenue to Linear Park.
Councillor Kelley and Full Membership 02/02/09 (O-14)

09-11. Report from the City Manager:
RE: report on the removal of the Homeland Security Surveillance cameras and infrastructure and who is responsible for the removal.
Councillor Decker and Full Membership 02/09/09 (O-7)