Cambridge City Council meeting - March 31, 2008 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Edward Byrne Memorial Justice Assistance Grant received from the Metropolitan Area Planning Council through the Executive Office of Public Safety for $25,000 to the Grant Fund Police Department Salary and Wages account which will be used to support youth violence prevention and anti-gang initiatives by the Police Department.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $547,984 from the General Fund School Other Ordinary Maintenance account to the School Salaries and Wages account. In addition, I am requesting a $165,455 transfer from the School Travel and Training account to the General Fund School Salaries and Wages account ($133,812) and to the School Extraordinary Expenditures account ($31,643) which are related to re-allocations within school department programs.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $145,000 in Free Cash to the Public Investment Fund Public Works Department Extraordinary Expenditures account to fund the purchase of snow removal equipment.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $294,650 in Free Cash to the General Fund Public Works Other Ordinary Maintenance account to cover additional expenses associated with snow plowing contracts, salt and other material costs incurred during the snowstorms of the past winter.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-46, regarding a report on plans to implement the tree list during the upcoming planting season.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-42, regarding a report on traffic impact and other logistics of the planned construction at the Middlesex Court House.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-44, regarding a report on Rindge Avenue construction project.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-28, regarding a report on regulations concerning where bicycles may be locked and how the City is currently enforcing those regulations.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-40, regarding a report on how Cambridge could become eligible for Energy Efficiency & Conservation Block Grant program money.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-35, report on the status of the Rodent Task Force.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-45, regarding replacing the bricks in the sidewalk at the junction of Cedar Street and Massachusetts Avenue.

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-30, regarding a review of relevant City streets with "do not enter" restrictions for where and how cyclists might be better accommodated by making the restrictions not apply to bicycles.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-20, regarding a report on sudden increase of meters that need to be repaired.

14. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission on an application from ABC Transportation for a jitney license to service two Cambridge Hotels.
Order Failed of Adoption 2-7 (Davis and Toomey voted YES; Decker, Kelley, Maher, Reeves, Murphy, Seidel, and Simmons voted NO) and referred to the Transportation, Traffic & Parking Committee 
[Comment: One needs only read the Campaign Finance Reports of the city councillors to understand why this application was not approved. The taxicab industry has a lot of pull and will pay to maintain its protected status. It is also worth noting that rejected applications such as this are often appealed to state authorities and ultimately granted. During the City Council discussion, the City Manager noted that the high bid for a new non-resalable taxicab medallion was $385,000 which should dispel any misconceptions about the starvation of taxicab owners.]

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-32, regarding a report on the policies regarding City vehicles parking in specially designated parking spots or street zones.

CHARTER RIGHT
1. That the City Manager is requested to report back to the City Council on the City's policies and regulations concerning the number of unrelated people living in the same dwelling unit and any suggestions to modify that number. (Order adopted by affirmative vote of 6 members. (Toomey voted NO, Simmons and Decker ABSENT) Mayor Simmons moved suspension of rules to move Reconsideration. Suspension prevailed. Councillor Decker moved question of Reconsideration. Councillor Toomey exercised Charter Right.)
On Reconsideration, the Order Failed of Adoption 2-6-1 (Davis and Kelley voted YES; Decker, Maher, Seidel, Murphy, Toomey, and Simmons voted NO; Reeves voted PRESENT)

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

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

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

5. 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. Approval of constable bond surety received from Phillip A. Sciandra.

2. An application was received from Cambridge Science Festival requesting permission for two temporary banners across Massachusetts Avenue at City Hall and Pearl and Norfolk Streets, fifty-seven banners on poles in Harvard Square and one hundred forty-six banners on poles along Massachusetts Avenue and Main Street announcing the Cambridge Science Festival Apr 26-May 4, 2008.

3. An application was received from Marcelo Nascimento on behalf of Church International House of Worship, requesting permission for three speaker boxes in The Pit at Harvard Square.  Charter Right - Murphy

COMMUNICATIONS
1. A communication was received from Senator Anthony D. Galluccio, transmitting thanks for the Council resolution supporting S.2423, the Global Warming Solutions Act.

2. A communication was received from Senator Anthony D. Galluccio, transmitting thanks for the Council resolution supporting Governor Patrick's education reorganization legislation.

3. A communication was received from Roy Bercaw, regarding interpreting City Council rules.

RESOLUTIONS
1. Resolution on the death of Mary F. Dynan.   Councillor Toomey, Councillor Maher

2. Resolution on the death of Vito A. Foti.   Councillor Toomey

3. Appreciation to John G. Dunn for his service to the community as Headmaster of the Boston Archdiocese Choir School and Music director of St. Paul's Parish.   Councillor Reeves

4. Congratulations to the Massachusetts Alliance of Portuguese Speakers award recipients.   Councillor Reeves

5. Resolution on the death of Corporal William O'Brien.   Councillor Decker
6. Resolution on the death of Private Tyler Smith.   Councillor Decker
7. Resolution on the death of Specialist Christopher Simpson.   Councillor Decker
8. Resolution on the death of Sergeant David Williams.   Councillor Decker
9. Resolution on the death of Specialist Lerando Brown.   Councillor Decker
10. Resolution on the death of Specialist David Stelmat.   Councillor Decker
11. Resolution on the death of Sergeant Gregory Unruh.   Councillor Decker
12. Resolution on the death of Sergeant Thomas Ray II.   Councillor Decker
13. Resolution on the death of Staff Sergeant Michael Elledge.   Councillor Decker

14. Congratulations to Angelica Benzan on being named the new Director of Leasing and Occupancy Department at the Cambridge Housing Authority.   Councillor Decker

15. Congratulations to Michael Johnston on being named the Deputy Executive Director for Administration at the Cambridge Housing Authority.   Councillor Decker

16. Urge residents to attend and support "Cambridge School for Cambodia" benefit at the Elephant Walk restaurant, 2067 Massachusetts Avenue, Cambridge, on Apr 6 at 5:30pm.   Mayor Simmons, Councillor Decker

17. Retirement of Eileen Keane from the Cambridge Hospital.   Mayor Simmons

18. Appreciation to James M. Conry, Chief Financial Officer of the Cambridge Public Schools, for his dedication to the children of Cambridge.   Mayor Simmons

19. Appreciation to The Guidance Center of Cambridge for their service to the citizens of Cambridge.   Mayor Simmons


20. Congratulations to Tara Jones-Knight on recent win of the Mad Hot Cambridge Merengue Competition.   Councillor Toomey

21. Resolution on the death of Kevin McElmoyle.   Councillor Toomey

22. Resolution on the death of Edward J. Reid Jr.   Councillor Maher

23. Resolution on the death of Joseph T. Melanson.   Councillor Toomey

24. Thanks to Margaret Keady, Vice President and Cambridge Reinvestment Act Officer, Cambridge Savings Bank, for her service and commitment to the City of Cambridge.   Councillor Maher

25. Congratulations to Juan Reyes on becoming a United States citizen.   Councillor Decker

26. Resolution on the death of William J. Raulinaitis.   Councillor Decker


ORDERS
1. City Council support the passage of the H.374 which would create a special commission to examine the impact on the Commonwealth of Massachusetts of the World Trade Organization and similar International Trade Agreements.   Councillor Seidel

2. That the City Manager is requested to report back to the City Council on the City's policy, whether formal or informal, to managing ad hoc public memorial sites.   Councillor Kelley

3. That the City Manager is requested to report back to the City Council on the number and location of buildings, whether residential, commercial or municipal, using geothermal heating and/or cooling systems in the City of Cambridge.   Councillor Seidel  Amended

4. That the City Manager is requested to take appropriate measures to remind residents that street cleaning will begin the first week of April.   Councillor Toomey

5. That the City Manager is requested to examine the options for replacing the existing bicycle rack at the Cambridgeport School with a larger bicycle rack and determine if any other schools in City of Cambridge need larger bicycle racks to satisfy demand for bike parking at their schools.   Councillor Seidel
Charter Right - Decker

HEARING SCHEDULE
Mon, Mar 31
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Apr 2
1:30pm   The Finance Committee will conduct a public meeting to discuss the FY08-09 budget.  (Ackermann Room)
4:00pm   The Housing Committee will conduct a public meeting to discuss follow-up from the housing roundtable on Mar 5 and the committee agenda for this term.  (Ackermann Room)

Thurs, Apr 3
4:00pm   The Ordinance Committee will conduct a public hearing on a proposed amendment to the Zoning Ordinance to insert a new subsection (10) in Article 2.000, in the section entitled "Gross Floor Area" providing that bicycle parking meeting the dimensional requirements of Article 6.000, whether located in a principal use structure, any parking facility for motor vehicles, or in an accessory structure, shall not be included in the calculation of Gross Floor Area. This hearing to be televised.  (Sullivan Chamber)

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

Tues, Apr 8
3:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss the agenda for the committee.  (Sullivan Chamber)

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

Wed, Apr 16
5:30pm   The Transportation Traffic and Parking Committee will conduct a public meeting to discuss the issues involving safe routes to school.  (Sullivan Chamber)

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

Wed, Apr 30
1:00pm   The Veterans Committee will conduct a public meeting to discuss coordination of veterans services with the Cambridge Health Alliance.  (Sullivan Chamber)

Thurs, May 1
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget.  (Sullivan Chamber)

Mon, May 5
5:30pm   Roundtable Meeting. No public comment. No votes will be taken.  (Sullivan Chamber)

Wed, May 7
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget.  (Sullivan Chamber)

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

Tues, May 13
6:00pm   The Finance Committee will conduct a public meeting to discuss FY09 School Department Budget.  (Sullivan Chamber)

Wed, May 14
9:30am   The Finance Committee will conduct a public meeting to discuss FY09 City Budget. (IF NECESSARY)  (Sullivan Chamber)

Mon, May 19
4:00pm   2008 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 2
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, June 16
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Mar 31
COUNCILLOR SEIDEL
WHEREAS: National, state and city governments use regulations and laws to protect our national economy, health, safety and environment; and
WHEREAS: Cambridge's local economy and quality of life is increasingly impacted by global trends over which the municipality has little control or influence; and
WHEREAS: Trade agreements may place obligations on Massachusetts which conflict with existing state laws or create binding constraints on future legislative actions; and
WHEREAS: These free trade agreements give companies and foreign governments the right to sue the U.S. government over state laws they claim are "barriers to trade" such as bans on toxic substances, purchasing preferences for small businesses, or state funding for local economic development; and
WHEREAS: Foreign governments and companies have used this power to challenge the U.S. government in a number of legal actions; and
WHEREAS: Representative Byron Rushing has filed H. 374, which would create a special commission to examine the impact on the Commonwealth of Massachusetts of the World Trade Organization and similar International Trade Agreements; and
WHEREAS: This Commission would report to the legislature and to the Massachusetts congressional delegations on the impacts of these trade agreements, and also recommend when the Commonwealth may support or withhold support for any proposed revisions or amendments to these trade agreements; now therefore be it
RESOLVED: The Cambridge City Council fully supports the passage of the H. 374 by the Massachusetts state legislature; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Legislative Delegation on behalf of the entire City Council.

O-2     Mar 31
COUNCILLOR KELLEY
WHEREAS: Memorial trees and other improvised places for remembrance often result after a particularly traumatic event has occurred; and
WHEREAS: These memorials may go on for years and involve public drinking and large amounts of bottles and other debris left at these memorials; and
WHEREAS: Local residents may feel uncomfortable with the continued and unsupervised existence of these memorials; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the City's policy, whether formal or informal, to managing ad hoc public memorial sites.

O-3     Mar 31  Amended
COUNCILLOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the number and location of buildings, whether residential, commercial or municipal, using geothermal heating and/or cooling systems in the City of Cambridge; and
ORDERED: That the City Manager be and hereby is requested to indicate the year that each of these building geothermal systems became operable, going back at least ten five years; and be it further
ORDERED: That the City Manager be and hereby is requested to assess the overall Green House Gas (GHG) emissions impacts of these geothermal installations.

O-4     Mar 31
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to take appropriate measures to remind residents that street cleaning will begin the first week of April.

O-5     Mar 31  Charter Right - Decker
COUNCILLOR SEIDEL
WHEREAS: Bicycling is a non-polluting mode of travel; and
WHEREAS: Cambridge has made a tremendous strides in promoting alternative forms of transportation through efforts like the Walk/Ride Days; and
WHEREAS: More and more children and parents alike either walk or ride their bikes to school with increasing frequency; therefore
ORDERED: That the City Manager be and hereby is requested to examine the options for replacing the existing bicycle rack at the Cambridgeport School with a larger bicycle rack sufficient to accommodate the increase in bike ridership to school; and be it further
ORDERED: That the City Manager is hereby requested to determine if any other schools in City of Cambridge need larger bicycle racks to satisfy demand for bike parking at their schools; and be it further
ORDERED: That the City Manager is hereby requested to work with any other school to replace their bicycle racks with new racks sufficiently large to meet demand for bicycle parking.

AWAITING REPORT LIST
08-18. Report from the City Manager:
RE: report on the methods to provide long-term protection for Joan Lorentz Park.   Councillor Toomey and Full Membership 02/04/08 (O-4)

08-20. Report from the City Manager:  See Mgr #13
RE: report on sudden increase of meters that need to be repaired.   Councillor Toomey and Full Membership 02/04/08 (O-7)

08-22. Report from the City Manager:
RE: report on the regulations and policies regarding crossing guard duties and placement along with a list of crossing guard locations.   Councillor Kelley, Councillor Davis, Councillor Decker, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 02/11/08 (O-9)

08-25. Report from the City Manager:
RE: report how many children with IEP's receive out of school assistance either written or not written into their plans.   Councillor Decker and Full Membership 03/03/08 (O-5)

08-26. Report from the City Manager:
RE: how many children with special needs or IEP's DHSP is making accommodations for in the after-school programs.   Councillor Decker and Full Membership 03/03/08 (O-9)

08-28. Report from the City Manager:  See Mgr #8
RE: report on regulations concerning where bicycles may be locked and how the City is currently enforcing those regulations when bicycles are not clearly abandoned.   Councillor Kelley and Full Membership 03/03/08 (O-16)

08-30. Report from the City Manager:  See Mgr #12
RE: review relevant City streets with "do not enter" restrictions for where and how cyclists might be better accommodated by making the restrictions apply only to motor vehicles.   Councillor Kelley and Full Membership 03/03/08 (O-18)

08-31. Report from the City Manager:
RE: report on the status of on-street parking permit restrictions applied to the residents of Harvard's new construction in Riverside and what sort of permutations of this type of parking-restricted development could be used elsewhere in Cambridge.   Councillor Kelley and Full Membership 03/03/08 (O-19)

08-32. Report from the City Manager:  See Mgr #15
RE: report on the policies regarding City vehicles parking in specially designated parking spots or street zones.   Councillor Kelley and Full Membership 03/03/08 (O-20)

08-34. Report from the City Manager:
RE: report on plan to improve and maintain the MLK Plaza, the pocket park on Franklin Street and the Central Square Branch Library and the Manning Apartments.   Councillor Davis and Full Membership 03/03/08 (O-22)

08-35. Report from the City Manager:  See Mgr #10
RE: report on the status of the Rodent Task Force.   Councillor Reeves 03/03/08 (O-30)

08-36. Report from the City Manager:
RE: report on the decision of the Appellate Tax Board that telecommunication companies are now taxable on poles and wires and the impact to Cambridge.   Councillor Toomey & Mayor Simmons 03/03/08 (O-32)

08-37. Report from the City Manager:
RE: report on working with the neighborhood on impacts of revised Flood Insurance Rate Maps.   Councillor Seidel, Councillor Maher, Councillor Davis, Councillor Kelley, Vice Mayor Murphy, Councillor Reeves, Mayor Simmons & Councillor Toomey 03/17/08 (O-6)

08-38. Report from the City Manager:
RE: report on status of CPA funding for this upcoming year.   Councillor Seidel, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Mayor Simmons & Councillor Toomey 03/17/08 (O-7)

08-39. Report from the City Manager:
RE: report on statistically valid validation program of FEMA's flood map data.   Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Councillor Toomey 03/17/08 (O-10)

08-40. Report from the City Manager:  See Mgr #9
RE: report on how Cambridge could become eligible for Energy Efficiency & Conservation Block Grant program money.   Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-14)

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)

08-42. Report from the City Manager:  See Mgr #6
RE: report on plans for possible street closing, parking plan and any other logistics of the planned construction at the Middlesex Court House.   Councillor Toomey 03/17/08 (O-18)

08-43. Report from the City Manager:
RE: report on the traffic accident in Central Square that killed a pedestrian.   Councillor Kelley, Councillor Seidel, Councillor Davis, Councillor Decker, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Mayor Simmons & Councillor Toomey 03/24/08 (O-1)

08-44. Report from the City Manager:  See Mgr #7
RE: report on Rindge Avenue renovation project.   Councillor Kelley and Full Membership 03/24/08 (O-2)

08-45. Report from the City Manager:  See Mgr #11
RE: report on why bricks have not been replaced where removed at the plaza at the junction of Cedar Street and Mass Avenue.   Councillor Kelley and Full Membership 03/24/08 (O-3)

08-46. Report from the City Manager:  See Mgr #5
RE: report on plans to implement the tree list during the upcoming planting season.   Councillor Kelley and Full Membership 03/24/08 (O-4)

08-47. Report from the City Manager:
RE: report on the exodus of biotech companies from Cambridge.   Mayor Simmons, Councillor Reeves, Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy & Councillor Seidel 03/24/08 (O-8)

08-48. Report from the City Manager:
RE: report on public education campaigns and traffic enforcement campaigns to increase bicycling safety.   Councillor Kelley, Councillor Decker, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/24/08 (O-11)

08-49. Report from the City Manager:
RE: report on establishing mini-grants for seniors and other low-income residents who might need to purchase flood insurance.   Councillor Maher and Full Membership 03/24/08 (O-14)

08-50. Report from the City Manager:
RE: report on reason for blackout on Mar 17th in West Cambridge.   Councillor Maher and Full Membership 03/24/08 (O-15)