Cambridge City Council meeting - April 4, 2005 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny a jitney license application from Nautical Tours, Inc.

2. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to approval a jitney license application amendment for Old Town Trolley.

3. 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, 2005:
   With Power - James Desrosiers, 5 Aldersgate Way, No. Reading, MA
   Without Power - Daniel McDermott, 94 Sullivan Road, West Yarmouth, MA 02673

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-116, regarding the possibility of collecting taxes quarterly.

5. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of an additional $750,000 for the construction of the Yerxa Road railroad underpass.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Firefighting Equipment Grant from the Massachusetts Executive Office of Public Safety in the amount of $102,000 to the Grant Fund Fire Department Extraordinary Equipment account to purchase firefighting equipment that includes such items as: power roof ventilation saws, rescue extraction saws, radio and other communication equipment, and fire hose replacement at eight engine companies.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Bioterrorism Hospital Preparedness Grant from the Massachusetts Department of Public Health in the amount of $7,000 to the Grant Fund Fire Department Salary and Wages account ($5,000) and Travel and Training account ($2,000) to support training of fire personnel in the deployment and effective implementation of decontamination units assigned to our district as hospital protection units.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $115,458 from street excavation funds to the Public Investment Fund Public Works Department Extraordinary Expenditures account to provide additional funds to address street repaving, roadway patching and sidewalk repairs in those areas most adversely impacted by winter weather conditions.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $225,000 from the Electrical Department Salary and Wages account to Other Ordinary Maintenance account to cover the street light maintenance and utility costs for two additional months due to the delay in the projected purchase date of the street lights (January 1, 2005 vs. March 1, 2005).

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Robert P. Reardon as Director of Assessment for the City of Cambridge effective May 9, 2005.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Umasudan Ranjit Singanayagam as Commissioner of Inspectional Services effective March 23, 2005.

ON THE TABLE
1. Placed on the Table on the motion of Councillor Simmons relative to Awaiting Report Item Number 03-137 of December 22, 2003, regarding a report on the number of investment managers for the pension fund with the list to reflect the number of women-owned and minority-owned investment managers.

2. Placed on Table on the motion of Mayor Sullivan relative to Committee Report #1 of March 7, 2005 from the University Relations Committee, for a meeting held on February 8, 2005 to discuss the M.I.T. Payment in Lieu of Taxes (PILOT).

UNFINISHED BUSINESS
3. 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 November 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 February 14, 2005.

APPLICATIONS AND PETITIONS
1. An application was received from Dalu, requesting permission for a sandwich board sign and eight tables and sixteen chairs at the premises numbered 918 Cambridge Street.

2. An application was received from Massachusetts Institute of Technology, requesting permission for temporary banners on city owned electrical poles along Massachusetts Avenue from Memorial Drive to Vassar Street on both sides and on Main Street from Technology Square to the Longfellow Bridge from April 29 through May 9, 2005 announcing their Inaugural festivities.

3. An application was received from Giro Studio, requesting permission for a sign at the premises numbered 719 Cambridge Street. Approval has been received from Inspectional Services, Community Development Department and abutters.

COMMUNICATIONS
1. A communication was received from Roy Bercaw, regarding segregation, bias and bullying.

RESOLUTIONS
1. Thanks to Ellen Condliffe Lagemann, dean of the Graduate School of Education at Harvard University, for her continued commitment to K-12 education and wish her well in the next chapter of her life.   Mayor Sullivan

2. Congratulations to Katherine Triantafillou for receiving the Gwen Bloomingdale Pioneer Spirit Award from the Massachusetts Lesbian and Gay Bar Association.   Councillor Toomey

3. Happy 20th Anniversary to the Massachusetts Lesbian & Gay Bar Association and congratulations to the award winners of the MBA Community Service Award to Nancy Shilepsky, and its Gwen Bloomingdale Pioneer Spirit Award.   Mayor Sullivan

4. Resolution on the death of Peter Brusgulis.   Mayor Sullivan, Councillor Galluccio

5. Resolution on the death of Adelia Augustin.   Councillor Galluccio

6. Welcome to Chairman Julian Bond and Dennis Hayes, Interim President/CEO of the NAACP to Cambridge.   Mayor Sullivan

7. Resolution the death of Specialist Jonathan Hughes.   Vice Mayor Decker

8. Resolution on the death of Specialist Rocky Payne.   Vice Mayor Decker

9. Resolution on the death of Private First Class Lee Lewis, Jr.   Vice Mayor Decker

10. Resolution on the death of Staff Sergeant Ricky Kieffer.   Vice Mayor Decker

11. Resolution on the death of Sergeant Paul Thomason, III.   Vice Mayor Decker

12. Resolution on the death of Specialist Paul Heltzel.   Vice Mayor Decker

13. Congratulations to the twenty-seven grantees for receiving the Cambridge Arts Grant funding Project at its Seventh Annual Grant Awards Celebration at 6:00pm at Zero Arrow Theater on May 4, 2005.   Councillor Murphy

14. Congratulations to Artisan’s World, a recipient of the Cambridge Arts Council Grant funding the presentation of La Negritude and the Harlem Renaissance Lecture Series.   Councillor Murphy

15. Congratulations to Brazilian Cultural Center of New England, a recipient of the Cambridge Arts Council Grant funding the Samba music training program for Cambridge teens, Escola de Samba.   Councillor Murphy

16. Congratulations to Lynn Cadwallader, a recipient of the Cambridge Arts Council Grant funding the completion of “Sounds of the Silents” documentary, leading to a series of screenings.   Councillor Murphy

17. Congratulations to Cambridge Art Council Public Art Program, a recipient of the Cambridge Arts Council Grant funding for Public Art ACTS in collaboration with the Underground Railway Theater.   Councillor Murphy

18. Congratulations to Cambridge Multicultural Art Center, a recipient of the Cambridge Arts Council Grant funding for the multi-media exhibit Still Present Past.   Councillor Murphy

19. Congratulations to Child Care Resource Center, a recipient of the Cambridge Arts Council Grant funding The Animals of the World project to publish a book featuring drawings by children and text by local poets.   Councillor Murphy

20. Congratulations to Community Art Center, a recipient of the Cambridge Arts Council Grant funding for the 2005 DIYDS National Youth Video and Film Festival.   Councillor Murphy

21. Congratulations to Dance Complex, a recipient of the Cambridge Arts Council Grant funding for Dance Month, a Citywide celebration of dance.   Councillor Murphy

22. Congratulations to Tracy Daniels, a recipient of the Cambridge Arts Council Grant funding for the production of the short film Souls: A Portrait of Healing.   Councillor Murphy

23. Congratulations to Green Street Studios, a recipient of the Cambridge Arts Council Grant funding for the Master Dance Residency Project.   Councillor Murphy

24. Congratulations to Allie Humenuk, a recipient of the Cambridge Arts Council Grant funding for the documentary film Out of Place.   Councillor Murphy

25. Congratulations to Sue Kranz, a recipient of the Cambridge Arts Council Grant funding for the Latino Artists Curriculum Support Project for the Spanish program at Fletcher-Maynard Academy.   Councillor Murphy

26. Congratulations to Rebekah Maggor, a recipient of the Cambridge Arts Council Grant funding for the development and performance of Shakespeare’s Actresses in America.   Councillor Murphy

27. Congratulations to the New England Poetry Club, a recipient of the Cambridge Arts Council Grant funding for the Outdoor Summer Poetry series.   Councillor Murphy

28. Congratulations to Kevin Jameel Parker, a recipient of the Cambridge Arts Council Grant funding for Judaism in America Today, an art installation created with youth in Area IV.   Councillor Murphy

29. Congratulations to Passim Folk Music and Cultural Center, a recipient of the Cambridge Arts Council Grant funding for Culture for Kids, free, interactive, educational events for youth.   Councillor Murphy

30. Congratulations to Prometheus Dance, a recipient of the Cambridge Arts Council Grant funding for the creation and presentation of The Elders Dance Project.   Councillor Murphy

31. Congratulations to Tapestry, a recipient of the Cambridge Arts Council Grant funding for an artist residency program that will develop a new adaptation of Ordo Virtutem with Cambridge students.   Councillor Murphy

32. Congratulations to Tunefoolery, a recipient of the Cambridge Arts Council Grant funding for the Tunefoolery Scholarship Program, providing access for musicians with mental illness.   Councillor Murphy

33. Congratulations to Women’s Center, a recipient of the Cambridge Arts Council Grant funding for the Mother – Child Art Program.   Councillor Murphy

34. Congratulations to World Music, a recipient of the Cambridge Arts Council Grant funding for the CRASHarts Dance Program.   Councillor Murphy

35. Congratulations to the Agassiz Neighborhood Council, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to Wheelock Family Theater.   Councillor Murphy

36. Congratulations to Cambridge Family and Children’s Services, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to Wheelock Family Theater.   Councillor Murphy

37. Congratulations to CRLS Drama Fund for Public Schools, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to Wheelock Family Theater.   Councillor Murphy

38. Congratulations to CRLS Drama Fund for Public Schools, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to Boston Symphony Orchestra.   Councillor Murphy

39. Congratulations to CRLS Drama Fund for Public Schools, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to the Museum of Fine Arts.   Councillor Murphy

40. Congratulations to the Fletcher-Maynard Extended Day, a recipient of the Cambridge Arts Council Grant funding for subsidized tickets to Boston Children’s Theater.   Councillor Murphy

41. Resolution on the death of Leo S. Gronokowski.   Councillor Toomey

42. Good luck to Leah Greenwald in the Tournament of Champions on Jeopardy.   Councillor Maher

43. Condolences to Mayor Anthony Williams and Stacey Long on the death of Wanda Alston.   Councillor Reeves

44. Condolences to Charles Tremillion on the death of his mother.   Councillor Reeves

45. Recognition of Dr. Marian Darlington-Hope, Professor at the Lesley University School of Management for her work in Area Four.   Councillor Simmons

46. Congratulations to Councillor Kenneth E. Reeves and the Economic Development, Training and Employment Committee for being the recipients of the Joseph Sakey Award for 2005.   Councillor Murphy, Councillor Simmons, Councillor Maher

47. Resolution on the death of William J. Joyce.   Councillor Galluccio, Mayor Sullivan

48. Resolution on the death of Dominic M. Savarese, Sr.   Mayor Sullivan, Councillor Galluccio

49. Resolution on the death of Janice M. McCusker.   Mayor Sullivan

50. Resolution on the death of Elizabeth Corcoran.   Mayor Sullivan, Councillor Maher, Councillor Galluccio

51. Resolution on the death of Anne M. O'Reilly.   Mayor Sullivan

52. Resolution on the death of Thomas F. O'Reilly.   Mayor Sullivan

53. Resolution on the retirement of John Clark.   Mayor Sullivan

54. Resolution on the death of Francis Abbott.   Councillor Maher, Councillor Galluccio

55. Resolution on the death of L. Mildred Shannon.   Councillor Galluccio

56. Resolution on the death of John J. Lynch.   Mayor Sullivan

57. Resolution on the death of Margaret R. Crocker.   Mayor Sullivan

58. Congratulations to Angela Ayre for being awarded the 2004 Literary Champion Award.   Councillor Davis, Councillor Maher

59. Resolution on the death of Mary A. Kinney.   Councillor Galluccio

60. Resolution on the death of Joseph Johnson.   Councillor Galluccio

61. Resolution on the death of Joseph M. Costello.   Councillor Galluccio

62. Resolution on the death of Eugenia C. Brown.   Councillor Galluccio

63. Resolution on the death of Thomas I. Sullivan.   Mayor Sullivan, Councillor Galluccio, Councillor Maher

64. Congratulations to Kevin R. Allard on attaining the rank of Eagle Scout and wish him well in his new position as Assistant Scoutmaster of Troop 44.   Mayor Sullivan

65. Congratulations to the Hunter and Fahey families as the new Hunter-Fahey Common at Boston College High School is named in their honor at a dedication ceremony on April 14, 2005 at 6:00pm on the Boston College High School campus.   Mayor Sullivan

66. Congratulations to the Peabody Elementary School on being accredited by the National Association for the Education of Young Children.   Mayor Sullivan

67. April 2005 proclaimed as Sexual Assault Awareness Month in Cambridge.   Mayor Sullivan

68. Condolences to Roxie Coicou on the death of her mother.   Mayor Sullivan

69. Resolution on the death of James F. Stanton.   Mayor Sullivan

70. Resolution on the death of Lillian L. Loud.   Councillor Galluccio

71. The Boston Unit of Recording for the Blind & Dyslexic (RFB&D) will hold its annual Record-A-Thon on May 7-14, 2005 in Cambridge and May 7-14, 2005 is proclaimed as RFBD Record-A-Thon Week.   Mayor Sullivan

72. Resolution on the death of Specialist Francisco Martinez.   Vice Mayor Decker

73. Resolution on the death of Lance Corporal Kevin Smith.   Vice Mayor Decker

74. Resolution on the death of Specialist Travis Bruce.   Vice Mayor Decker

75. Resolution on the death of Sergeant Lee Godbolt.   Vice Mayor Decker

76. Resolution on the death of Corporal Bryan Richardson.   Vice Mayor Decker

77. Resolution on the death of Sergeant Isiah Sinclair.   Vice Mayor Decker

78. Support for the 2005 MIT/Cambridge Science EXPO on Tuesday, May 3, 2005 from 3:00 - 6:00pm at the Johnson Athletic Center.   Mayor Sullivan

79. Congratulations to Helen Glickman and Dan Bartly on their wedding.   Councillor Davis

80. May 1 - 7, 2005 proclaimed as Drinking Water Week in Cambridge.   Mayor Sullivan

81. Resolution on the death of Dorothy DiFava.   Councillor Toomey

82. Appreciation to Saleem Fahmawi from the United Nations for speaking with Cambridge students on their recent trip to the United Nations.   Vice Mayor Decker

83. Appreciation to Sabrina Esufali from Hague Appeal For Peace Commission for speaking with Cambridge students on their recent trip.   Vice Mayor Decker

84. Appreciation to Cora Weiss from the Hague Appeal For Peace Commission for speaking with Cambridge students on their recent trip.   Vice Mayor Decker

85. Appreciation to Dr. Thora Hermann from the United Nations for speaking with Cambridge students on their recent trip to the United Nations.   Vice Mayor Decker

86. Appreciation to Michael Cassandra from the United Nations for speaking with Cambridge students on their recent trip to the United Nations.   Vice Mayor Decker

87. Appreciation to Under Secretary General Anwarul Chowdhury from the United Nations for speaking with Cambridge students on their recent trip to the United Nations.   Vice Mayor Decker

88. Congratulations to the Honorable Alice K. Wolf on being the Guest of Honor at the Cypress String Quartet performance hosted by Trellis Stepter, Jr. and Lisa Bromer on Tuesday, April 5, 2005.   Vice Mayor Decker

89. Happy 85th Birthday wishes to Beatrice Cogwell.   Councillor Simmons

90. Resolution on the death of Anna C. Lannon.   Councillor Toomey

91. Congratulations to Joellen Scannell on her appointment as the new principal of the Peabody School.   Mayor Sullivan

92. Congratulations to Paul Toner on his re-election as President of the Cambridge Teacher's Association.   Councillor Maher, Mayor Sullivan

93. Congratulations to the Cambridge Rindge and Latin students for the performance of Euripides's Medea.   Councillor Galluccio

94. Congratulations to the Cambridge Youth Hockey Bantams on winning the State Championship.   Councillor Galluccio

95. Resolution on the death of Pope John Paul II.   Councillor Toomey

96. Congratulations to Prudence and Monroe Green on their wedding.   Councillor Davis

97. Happy Birthday wishes to Whitney Hermann.   Vice Mayor Decker

98. Congratulations to Robert Reardon on his appointment as the new Director of Assessment for the City of Cambridge.   Mayor Sullivan

99. Congratulations to Ranjit Singanayagham on his appointment as the new Commissioner of Inspectional Services.   Mayor Sullivan

100. Happy 100th Anniversary wishes to the Knights and Ladies of Saint Finbarr.   Mayor Sullivan

101. Wishes for a speedy recovery to Hector Paniaaua.   Councillor Reeves

102. Welcome to Cambridge and best wishes to the Cypress String Quart at their performance at MIT on Friday, April 8, 2005.   Vice Mayor Decker

ORDERS
1. Support for preserving Social Security and defined benefit pension plans and reject proposals to divert money out of Social Security to fund private accounts   Mayor Sullivan and Vice Mayor Decker [amended]

2. The City Manager is requested to confer with the public safety department heads regarding the creation of a mini grant program to utilize nonprofits to increase outreach and recruit a diverse set of candidates for public safety positions which is representative of the City's population.   Councillor Galluccio

3. The City Manager is requested to instruct the appropriate departments to review the federal budget and report back to the City Council on the impact that the federal budget may have on City programs.   Councillor Galluccio

4. The City Manager is requested to confer with the Director of Transportation, Traffic and Parking, with a goal in mind of allowing northbound traffic on Huron Avenue to travel freely without disruption at the corner of Huron Avenue and Aberdeen Avenue with the exception of when the manual crosswalk light is activated.   Councillor Galluccio

5. The City Manager is requested to confer with the Cambridge Housing Authority for an update on kitchen improvements that were promised to the residents of the Jefferson Park housing development.   Councillor Galluccio

6. The City Manager is requested to confer with the Cambridge Housing Authority for an update on the renovations to the Burns apartment.   Councillor Galluccio

7. The City Manager is requested to confer with the Commissioner of Public Works on the process by which potholes will be repaired across the City as the weather permits.   Councillor Galluccio

8. The City Manager is requested to support and to be in contact with Dr. Marian Darlington-Hope of Lesley University about her work in Area Four.   Councillor Simmons

9. The City Manager is requested to provide the City Council with a report on the sidewalk and street conditions of the Harvard Square commercial and residential area.   Councillor Reeves

10. The City Manager is requested to instruct the Department of Human Services, Public Health, School Department, Police Department and interested councillors to convene a meeting to discuss and address youth violence in Cambridge and the presence of unregistered guns in Cambridge.   Councillor Reeves

11. The City Manager is requested to report on the possibility of having a series of informal meetings for residents with the Department of Human Services, the Cambridge Health Alliance and the Law Department about the importance of having a living will.   Councillor Maher

12. The City Manager is requested to address the safety concerns about bicycle lanes and the risk to pedestrians due to increased traffic speed expressed in the memo from the MIT Graduate Student Council regarding the Massachusetts Avenue Reconstruction Project.   Councillor Toomey

13. Dedication of a site in honor of William Budryk.   Councillor Maher

14. Dedication of a site near Broadway and Merrill Street in honor of Francis X. Foster.   Mayor Sullivan

15. Urging the legislature to support the local aid increases being advocated by the Massachusetts Municipal Association.   Mayor Sullivan, Councillor Davis, Vice Mayor Decker, Councillor Galluccio, Councillor Maher, Councillor Murphy, Councillor Reeves and Councillor Simmons

16. Reminder to residents that street cleaning begins on Friday, April 1.   Councillor Toomey

17. The City Manager is requested to instruct the recycling company to instruct their workers to make sure that all debris is collected and to pick up any debris that may fall off of the recycling truck.   Councillor Toomey

18. The City Manager is requested to instruct the Director of Traffic, Parking and Transportation to conduct a feasibility study to examine the need for traffic calming measures on Lambert Street.   Councillor Toomey

19. The City Manager is requested to direct the Police Commissioner to instruct the truck enforcement unit to enforce the speed limits on Gore Street and Lambert Street.   Councillor Toomey

20. The City Manager is requested to provide an update on the truck ban.   Councillor Toomey

21. The City Manager is requested to track the progress of the transfer of the Blessed Sacrament building and when the disposition is finalized, the City Manager to meet with the parties to the transaction.   Councillor Simmons

22. The Department of Environmental Protection is requested to ensure that any Revised Activity and Use Limitation include a mechanism for notification of the Cambridge City Council, DEP, Cambridge Health Department, EPA, community members including ANI, ASG, and all residents residing within 200 yards of the intrusive activity, and the Agency for Toxic Substances and Disease Registry at least ninety days prior to undertaking an Intrusive Activity.   Vice Mayor Decker  [amended]

23. Urging the Department of Environmental Protection to incorporate the residents' recommendations into its response to W.R. Grace's submission of a draft Response Action Outcome and Risk Characterization (RAO).   Vice Mayor Decker  [amended]

24. The Department of Environmental Protection (DEP) to defer its response to the W.R. Grace request to enable the Health and Environment Committee to finish its hearings and submit its recommendation to the City Council and thereafter the DEP.   Vice Mayor Decker  [amended]

25. The Department of Environmental Protection is requested to take explicit note of W.R. Grace's Alewife contaminated property and historic actions of contaminations in the past as an additional risk to the community.   Vice Mayor Decker  [amended]

26. The City Manager is requested to report on and instruct the Director of Traffic, Parking and Transportation to refrain from installing parking meters on Mt. Auburn Street, adjacent to park land.   Councillor Davis

27. Dedication of a site in honor of the founder of Tag's Hardware in Porter Square.   Councillor Davis

28. City Manager is requested to arrange for televising of any future Ordinance Committee hearings on the proposed amendments to the Police Review and Advisory Board Ordinance.   Councillor Reeves

29. That the City Manager be and hereby is requested to confer with the City Solicitor to determine if mechanisms are available to place a notice in the property owners’ chain of titles for site RTN 3-0277 to be recorded at the Middlesex Registry of Deeds, that in addition to complying with the AUL, any activity on the site(s) has to comply with the Cambridge Asbestos Protection Ordinance.   Vice Mayor Decker

30. The Department of Environmental Protection is requested to re-classify the site, RTN 3-0277 to a Class C Response Action Outcome (RAO).   Vice Mayor Decker

31. The City Manager is requested to convey the need for a loading zone for residents of 980 Memorial Drive which will be under construction for several months and that the City Manager be in contact with the appropriate parties in the State on this matter.   Councillor Davis

32. The City Manager is requested to confer with the Cable office to develop a public service information announcement about the Cambridge E-line.   Councillor Davis

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on March 9, 2005 for the purpose of considering proposed amendments to Section 6.12 of the Zoning Ordinance regarding the requirement for providing parking in existing buildings with new additions and/or new uses.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Human Services Committee and Councillor Henrietta Davis, Chair of the Public Safety, for a meeting held on March 16, 2005 to meet with the Violence Prevention Task Force to plan a citywide conversation around the issue of developing a citywide anti-bullying policy.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Marjorie C. Decker, Chair of the Veterans Committee, for a meeting held on March 22, 2005 to discuss creating programs for veterans coming home from the war.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on March 9, 2005 for the purpose of continuing discussion of proposed amendments to the Police Review and Advisory Board (PRAB) Ordinance.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor Michael A. Sullivan, transmitting thanks to the City Council from Kiki Lambros for taking the time to go on record extending its sympathy to her family.

2. A communication was received from Vice Mayor Marjorie C. Decker, transmitting a letter from the Steffeney family transmitting thanks for the resolution in memory of Staff Sergeant Eric Steffeney.

3. A communication was received from Vice Mayor Marjorie C. Decker, transmitting a letter from the Choi family transmitting thanks for the resolution in memory of PFC Min Soo Choi.

4. A communication was received from Vice Mayor Marjorie C. Decker, transmitting a letter from the Aston family transmitting thanks for the resolution in memory of Trevor Aston.

5. A communication was received from Vice Mayor Marjorie C. Decker, transmitting a letter from the Farnan family transmitting thanks for the resolution in memory of Spc Colby M. Farnan.

6. A communication was received from Vice Mayor Marjorie C. Decker, transmitting a letter from the Salie family transmitting thanks for the resolution in memory of SFC David J. Salie.

HEARING SCHEDULE
Mon, Apr 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Apr 5
10:00am   The Health and Environment Committee will conduct a public meeting to discuss creating an advisory board for a "Healthy Living Campaign" that promotes physical activity as well as healthy eating.  (Sullivan Chamber)

Wed, Apr 6
4:30pm   The Ordinance Committee will conduct a public hearing on a petition filed by Joan E. O'Connor, et al., requesting amendments to the Zoning Ordinance to clarify the applicability of the Mount Auburn Hospital Institutional District to the whole of the site of the Mount Auburn Hospital, having an address of 330 Mount Auburn Street. This meeting to be televised.   (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public hearing on a petition filed by Joanne Wilbert Weed, et al., requesting an amendment to the Zoning Ordinances and Zoning Map to change a Residence C-1 District to Residence A-2 District, bordered by Willard Street, Foster Street, Sparks Street and the C-2 District along Mount Auburn Street. This meeting to be televised.  (Sullivan Chamber)

Thurs, Apr 7
5:00pm   The Ordinance Committee will conduct a public hearing on proposed amendments to the Police Review and Advisory Board ("PRAB") Ordinance. This meeting to be televised.  (Sullivan Chamber)

Mon, Apr 11
5:00pm   Special Presentation - Cambridge Reads with author Khaled Hosseini  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Apr 12
10:00am   The Health and Environment Committee will conduct a public meeting to discuss establishing the Cambridge Charles River Challenge, which would include a run-bike-kayak along the Charles River and through Cambridge.  (Ackermann Room)

Wed, Apr 13
1:00pm   The Health and Environment Committee will conduct a public meeting on what challenges residents face in receiving healthy and affordable food.  (Sullivan Chamber)

Thurs, Apr 14
11:00am   The Health and Environment Committee will conduct a public hearing to continue discussion on the current status of the Massachusetts Contingency Plan for the W.R. Grace Alewife site on file with the Massachusetts Department of Environmental Protection, in particular W.R. Grace's proposed exit strategy and the community response to that proposal.  (Sullivan Chamber)

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

Thurs, Apr 28
6:00pm   The Transportation, Traffic and Parking Committee will conduct a public meeting with the Pedestrian Committee to discuss pedestrian priorities and any and all matters that may properly come before the committee.  (Sullivan Chamber)

Mon, May 2
5:30pm   Roundtable City Council Meeting. To discuss community based planning for arts, culture, history and heritage programming. No public comment. No votes will be taken Meeting will not be televised.  (Sullivan Chamber)

Tues, May 3
10:00am   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to continue discussion on the subject of NSTAR and renewable energy requirements.  (Ackermann Room)
6:00pm   The Transportation, Traffic and Parking Committee will conduct a public meeting with the Bicycle Committee to discuss bicycle issues and any and all matters that may properly come before the committee.  (Sullivan Chamber)

Wed, May 4
10:00am   The Finance Committee will conduct a public meeting to discuss FY06 City Budget.  (Sullivan Chamber)

Thurs, May 5
6:00pm   The Finance Committee will conduct a public meeting to discuss the FY06 School Department Budget.  (Sullivan Chamber)

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

Tues, May 10
5:30pm   The Claims Committee will conduct a public hearing to consider claims filed against the city.  (Ackermann Room)

Wed, May 11
10:00am   The Finance Committee will conduct a public meeting to discuss the FY06 City Budget.  (Sullivan Chamber)

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

Tues, May 17
10:00am   The Finance Committee will conduct a public meeting to discuss FY06 City Budget (if necessary).  (Sullivan Chamber)

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

Wed, May 25
1:30pm   The Health and Environment Committee will conduct a public meeting to evaluate the needs of the Cambridge homeless, particularly the Harvard Square population.  (Sullivan Chamber)

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

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

Mon, June 20
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     April 4, 2005 [amended]
MAYOR SULLIVAN
VICE MAYOR DECKER
WHEREAS: It has come to our attention that many financial services firms have supported initiatives that may undermine the retirement security of our citizens and employees in the City of Cambridge; and
WHEREAS: Social Security’s income protections-guaranteed, lifelong benefits, cost-of-living adjustments to guard against inflation, increased benefits for families, greater income replacement for low-income workers, and disability and survivor benefits are the backbone of retirement security and family protection in the United States; and
WHEREAS: Social Security provides crucial, often indispensable income protection for 1,061,665 retired citizens, 138,622 disabled workers and an estimated 66,443 minor children living in Massachusetts; and
WHEREAS: Social Security is the nation’s most successful and most important family income protection program, but it has long-term funding needs we should address; and
WHEREAS: Some policymakers propose to address these needs by cutting guaranteed benefits and privatizing Social Security, that is, diverting a third or more of workers’ payroll tax contributions out of the Social Security Trust Fund and into private investment accounts; and
WHEREAS: Privatization will worsen Social Security’s funding needs by draining resources from the Trust Fund into private accounts, increasing the federal deficit by $2 trillion over the first decade alone and more in the future and putting us in deeper hock to foreign creditors; and
WHEREAS: Some federal administration officials have suggested the federal government will not pay back the money it has taken from the Social Security Trust Fund over the past 20 years and used for other things, thereby denying working families the money they paid into Social Security and leading to further benefit cuts; and
WHEREAS: Privatizing Social Security will cut guaranteed benefits by 30 percent for young workers, even for those who do not participate in private accounts, costing them $152,000 over their retirements, denying them benefits they have earned and imperiling their economic security; and
WHEREAS: Cutting guaranteed benefits will hurt the elderly because Social Security is the only secure source of retirement income for most Americans, providing at least half the income of nearly two-thirds of older American households and lifting more than 11 million seniors out of poverty; and
WHEREAS: Cutting guaranteed benefits will hurt women and people of color, as they are more likely than white men to rely on Social Security for most of their retirement income, they earn less than white men and are thus less able to save for retirement, and they are less likely than white men to receive job-based pensions in retirement; and
WHEREAS: Diverting resources from Social Security to fund private accounts will threaten guaranteed survivor and disability benefits, thus harming working families – particularly African-Americans -, as roughly one in five workers dies before retiring and nearly three in 10 become too disabled to work before reaching retirement age; and
WHEREAS: Privatizing Social Security will burden state and local governments, as cuts in guaranteed benefits will increase demands for public assistance at the very moment growth in the federal deficit due to privatization induces the federal government to shift greater responsibilities onto states and localities; and
WHEREAS: A number of financial services firms and industry associations have joined or contributed to organizations that are promoting the privatization of Social Security. These organizations include the Cato Institute, the Alliance for Worker Retirement Security, COMPASS, and the Club for Growth; and
WHEREAS: The Securities Industry Association has recently estimated that privatization of Social Security would be worth "39-279 billion in fees" and the University of Chicago economist Astan Goolsbee issued a higher estimate of $940 billion. This potential windfall for the financial firms is unmistakably a motive in the story of Social Security privatization; now therefore be it
RESOLVED: That financial services firms in Massachusetts fully disclose any ties their firms have to organizations such as think tanks, lobbying organizations, or industry associations that have promoted privatization of Social Security; and be it further
RESOLVED: That financial firms in Massachusetts voluntarily eliminate actual or perceived conflicts of interest by severing such ties; and be it further
RESOLVED: That financial firms in Massachusetts publicly affirm support for preserving Social Security and defined benefit pension plans and reject proposals to divert money out of Social Security to fund private accounts; 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 Massachusetts Congressional delegation, the Cambridge Legislative delegation, the Massachusetts General Court, the Cambridge Retirement Board and the appropriate federal and state agencies.

O-2     April 4, 2005
COUNCILLOR GALLUCCIO
WHEREAS: The City of Cambridge is no longer under a court decree requiring the Affirmative Action hiring of Public Safety positions; and
WHEREAS: The City Council considers it one of its goals to maintain diversity and the City; and
WHEREAS: Having a public safety workforce that represents the diversity of the City is a crucial piece of this policy; and
WHEREAS: There is an historic disconnect between these civil service positions and the many racial, ethnic, cultural and gender groups; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the public safety department heads regarding the creation of a mini grant program to utilize nonprofits to increase outreach and recruit a diverse set of candidates for public safety positions which is representative of the City's population.

O-3     April 4, 2005
COUNCILLOR GALLUCCIO
ORDERED: The City Manager be and hereby is requested to instruct the appropriate departments to review the federal budget and report back to the City Council on the impact that the federal budget may have on City programs.

O-4     April 4, 2005
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Transportation, Traffic and Parking, with a goal in mind of allowing northbound traffic on Huron Avenue to travel freely without disruption at the corner of Huron Avenue and Aberdeen Avenue with the exception of when the manual crosswalk light is activated.

O-5     April 4, 2005
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Housing Authority for an update on kitchen improvements that were promised to the residents of the Jefferson Park housing development.

O-6     April 4, 2005
COUNCILLOR GALLUCCIO
ORDERED: The City Manager be and hereby is requested to confer with the Cambridge Housing Authority for an update on the renovations to the Burns apartment.

O-7     April 4, 2005
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works on the process by which potholes will be repaired across the City as the weather permits.

O-8     April 4, 2005
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to support and to be in contact with Dr. Marian Darlington-Hope of Lesley University about her work in Area Four.

O-9     April 4, 2005
COUNCILLOR REEVES
ORDERED: That the City Manager be and hereby is requested to provide the City Council with a report on the sidewalk and street conditions of the Harvard Square commercial and residential area.

O-10     April 4, 2005
COUNCILLOR REEVES
ORDERED: That the City Manager be and hereby is requested to instruct the Department of Human Services, Public Health, School Department, Police Department and interested councillors to convene a meeting to discuss and address youth violence in Cambridge and the presence of unregistered guns in Cambridge.

O-11     April 4, 2005
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to report on the possibility of having a series of informal meetings for residents with the Department of Human Services, the Cambridge Health Alliance and the Law Department about the importance of having a living will.

O-12     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to address the safety concerns about bicycle lanes and the risk to pedestrians due to increased traffic speed expressed in the attached memo from the MIT Graduate Student Council regarding the Massachusetts Avenue Reconstruction Project.

O-13     April 4, 2005
COUNCILLOR MAHER
ORDERED: That the City Council dedicate an appropriate site in honor of William Budryk; and be it further
ORDERED: That Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-14     April 4, 2005
MAYOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Broadway and Merrill Street in memory of Francis X. Foster, Retired Naval Commander and Cambridge Police Officer; and be it further
ORDERED: That Chief of Staff to the Mayor be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-15     April 4, 2005
MAYOR SULLIVAN
RESOLVED: That this City Council go on record urging the legislature to support the following local aid increases being advocated by the Massachusetts Municipal Association:
1) Phasing out the Lottery diversion over 2 years (providing $55 million more than House One);
2) Restoring 25% of the Additional Assistance cuts that hit 159 localities ($24 million); and
3) Ensuring that every city and town receives an increase in Chapter 70 above fiscal 2005. The highest of three options as follows: a) $50 dollars per student; b) restoring 50% of the lost Chapter 70 aid below fiscal 2003 levels; or c) House One (total adds $69 million above House One); and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to each member of the Cambridge Legislative Delegation on behalf of the entire City Council.

O-16     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That this City Council is reminding residents that street cleaning begins on Friday, April 1.

O-17     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the recycling company to instruct their workers to make sure that all debris is collected and to pick up any debris that may fall off of the recycling truck.

O-18     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to conduct a feasibility study to examine the need for traffic calming measures on Lambert Street.

O-19     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to direct the Police Commissioner to instruct the truck enforcement unit to enforce the speed limits on Gore Street and Lambert Street.

O-20     April 4, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on the truck ban.

O-21     April 4, 2005
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to track the progress of the transfer of the Blessed Sacrament building; and be it further
ORDERED: That when the disposition is finalized, the City Manager is requested to meet with the parties to the transaction.

O-22     April 4, 2005 [amended]
VICE MAYOR DECKER
RESOLVED: The Department of Environmental Protection is requested to ensure that any Revised Activity and Use Limitation include a mechanism for notification of the Cambridge City Council, DEP, Cambridge Health Department, EPA, community members including ANI, ASG, and all residents residing within 200 yards of the intrusive activity, and the Agency for Toxic Substances and Disease Registry at least ninety days prior to undertaking an Intrusive Activity; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Romney, the Executive Secretary of the Department of Environmental Protection, the Massachusetts Delegation of U.S. Representatives, and the Cambridge legislative delegation to the State House on behalf of the entire City Council.

O-23     April 4, 2005 [amended]
VICE MAYOR DECKER
WHEREAS: North Cambridge residents have spent a great deal of money and time to develop 40 recommendations for the Department of Environmental Protection to consider in evaluating and responding to W.R. Grace's submission of a draft Response Action Outcome Statement and Risk Characterization (RAO); now therefore be it
RESOLVED: That the Cambridge City Council go on record urging the Department of Environmental Protection to incorporate the residents' recommendations into its response to the draft RAO; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Romney, the Executive Secretary of the Department of Environmental Protection, the Massachusetts Delegation of U.S. Representatives, and the Cambridge Legislative delegation to the State House on behalf of the entire City Council.

O-24     April 4, 2005 [amended]
VICE MAYOR DECKER
WHEREAS: The Health and Environment Committee of the Cambridge City Council is currently considering the issues relative to W.R. Grace's submission to the Massachusetts Department of Environmental Protection (DEP) of a draft Response Action Outcome Statement and Risk Characterization (RAO) to end DEP oversight of the contaminated Alewife site; and
WHEREAS: The Health and Environment Committee held a hearing on March 29, 2005 and will hold another hearing in the very near future and will forward its findings to the full City Council; now therefore be it
RESOLVED: That the City Council go on record requesting the Department of Environmental Protection to defer its response to the W.R. Grace request to enable the Health and Environment Committee to finish its hearings and submit its recommendation to the full City Council and thereafter to the Department of Environmental Protection; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Romney, the Executive Secretary of the Department of Environmental Protection, the Massachusetts Delegation of U.S. Representatives, and the Cambridge Legislative delegation to the State House on behalf of the entire City Council.

O-25     April 4, 2005 [amended]
VICE MAYOR DECKER
COUNCILLOR DAVIS
COUNCILLOR GALLUCCIO
COUNCILLOR MAHER
COUNCILLOR MURPHY
COUNCILLOR REEVES
COUNCILLOR SIMMONS
MAYOR SULLIVAN
COUNCILLOR TOOMEY
WHEREAS: W.R. Grace has filed a draft Response Action Outcome Statement and Risk Characterization, seeking to end oversight of its Alewife contaminated property by the Department of Environmental Protection; and
WHEREAS: W.R. Grace has an extraordinarily extensive and well-documented history of contaminating sites and concealing the contamination; now therefore be it
RESOLVED: That in considering W.R. Grace’s request, the Department of Environmental Protection take explicit account of W.R. Grace’s Alewife contaminated property and responsibility for contamination at Libby, Montana; Woburn, Massachusetts and five other Superfund sites in Massachusetts; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Romney, the Executive Secretary of the Department of Environmental Protection, the Massachusetts Delegation of U.S. Representatives, and the Cambridge Legislative delegation to the State House on behalf of the entire City Council.

O-26     April 4, 2005
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to refrain from installing parking meters on Mt. Auburn Street, adjacent to park land as requested by the attached petitions; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-27     April 4, 2005
COUNCILLOR DAVIS
ORDERED: That the City Council go on record dedicating a suitable location for the founder of Tag's Hardware in Porter Square; and be it further
ORDERED: That Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-28     April 4, 2005
COUNCILLOR REEVES
ORDERED: That the City Manager be and is hereby is requested to arrange for televising of any future Ordinance Committee hearings on the proposed amendments to the Police Review and Advisory Board Ordinance.

O-29     April 4, 2005
VICE MAYOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor to determine if there are mechanisms available to place a notice in the property owners’ chain of titles for site RTN 3-0277 to be recorded at the Middlesex Registry of Deeds, that in addition to complying with the AUL, any activity on the site(s) has to comply with the Cambridge Asbestos Protection Ordinance; and be it further
ORDERED: That the City Manager report back to the City Council with its findings for the City’s plans to place a notice in the property owners’ chain of titles.

O-30     April 4, 2005
VICE MAYOR DECKER
ORDERED: The Department of Environmental Protection is requested to re-classify the site, RTN 3-0277 to a Class C Response Action Outcome (RAO)
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Executive Secretary of the Department of Environmental Protection and the Cambridge legislative delegation to the State House on behalf of the entire City Council.

O-31     April 4, 2005
COUNCILLOR DAVIS
ORDERED: The City Manager is requested to convey the need for a loading zone for residents of 980 Memorial Drive which will be under construction for several months and that the City Manager be in contact with the appropriate parties in the state on this matter.

O-32     April 4, 2005
COUNCILLOR DAVIS
ORDERED: The City Manager is requested to confer with the Cable office to develop a public service information announcement about the Cambridge E-line.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on Wednesday, March 9, 2005, beginning at three o’clock and thirty-eight minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering amendments to Section 6.12 of the Zoning Ordinance regarding the requirement for providing parking in existing buildings with new additions and/or new uses.

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Mayor Michael A. Sullivan, Vice Mayor Marjorie C. Decker, Councillor Henrietta Davis, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD), Liza Paden, Community Development Department, Nancy Glowa, Deputy City Solicitor.

Councillor Reeves convened the hearing and explained the purpose. He invited Ms. Rubenstein and Mr. Barber to present the draft amendments.

Ms. Rubenstein stated that this draft amendment was proposed in response to a request from the City Council. She noted that interest in the issue was animated by the realization that development of the closed church properties as housing could result in many more cars than would be accommodated by the parking requirements in the current zoning law. Ms. Rubenstein distributed written information (Attachment A) and provided an overview of the proposal.

Ms. Rubenstein explained that the draft seeks to clarify the parking requirements or new additions to buildings as well as for new structures on a lot. Ms. Rubenstein added that the draft would also clarify the parking requirements for increased intensity of use without a new addition and parking requirements for change of use. It would increase parking requirements for the conversion of nonresidential building to residential uses and include historic presentation and urban design objectives in the standards for allowing waiver of parking requirements by special permit. She then invited Mr. Barber to discuss the more technical provisions related to the draft amendment.

Mr. Barber explained that Section 6.12 of Article 6.000 of the Zoning Ordinance governs the applicability of off street parking and loading provisions of Article 6. The following charts are excerpts from Mr. Barber’s explanatory materials comparing the existing provision in the draft amendments:

SECTION 6.12 AMENDMENTS
Comparison of Existing and Proposed Provisions
[New provisions are noted in Italics]

6.12 Applicability. The off street parking and loading provisions of this Article 6.000 shall apply as follows:
PARAGRAPH (a) – New Construction
Objective of Changes: To treat all new construction in a similar manner: i.e. additions to existing buildings as well as new buildings.

Existing Provisions Proposed Provisions
Scope: New buildings on a lot. Scope: New buildings on a lot and additions to existing buildings.
Requirements:
a. All parking required for all uses in a new building.
Requirements:
a. All parking required for all uses in a new building.
b. All parking required for residential units in a new addition to an existing building.
c. Parking required for non-residential uses when addition exceeds 15% of existing building.

PARAGRAPH (b) – Increasing the Intensity of an Existing Use
Objective of Changes: To limit applicability of this Paragraph (b) to increased intensity of existing uses within the confines of an existing building.

Existing Provisions Proposed Provisions
Scope: Existing uses in an existing building plus additions to that building. Scope: Existing uses in an existing building, excluding any floor area additions to the exterior of the building, which are subject to Paragraph (a) above.
Requirements:
a. Parking required for all additional dwelling units.
b. Parking required for expansion of an existing non residential use if it exceed 15% of the existing level of intensity: e.g. GFA, restaurant tables, school rooms, hospital beds, etc., whether within the existing building or an addition to it.
Requirements:
a. Parking required for all additional dwelling units.
b. Parking required for expansion of an existing non residential use if it exceeds 15% of the existing level of intensity: e.g. GFA, restaurant tables, school rooms, hospital beds, etc., excluding any expansion in an exterior addition.

PARAGRAPH (c) – Change of Use in an Existing Structure
Objective of Changes: To limit the applicability of this Paragraph (c) to a change from any use in an existing building to a non-residential use.

Existing Provisions Proposed Provisions
Scope: The change of use of any existing structure to any other use, including residential use and including any external additions that might be made to that structure to accommodate the new use. Scope: The change of use of any existing structure to any non-residential use, excluding a change to residential use, which is now subject to Paragraph (d), and excluding any external additions that might be made to that structure to accommodate the new use, which is subject to Paragraph (a).
Requirements:
a. Parking for the new use must be provided unless the building pre-existed the date when parking was required.
b. In a pre-existing building, parking is only provided if the new use requires more parking than the old use (the first 4 spaces required are exempt).
Requirements:
a. Parking for the new use must be provided unless the building pre-existed the date when parking was required.
b. In a pre-existing building, parking is only provided if the new use requires more parking than the old use (the first 4 spaces required are exempt).

PARAGRAPH (d) – Change of Use to Housing in an Existing Structure
Objective of Changes: To impose new parking requirements when a non-residential use in an existing building is changed to a residential use.

Existing Provisions Proposed Provisions
Scope: Paragraph (c) applies. Scope: The change of use of any existing structure to a residential use.
Requirements:
Paragraph (c) applies.
Requirements:
a. Parking for the new residential use must be provided unless the building pre-existed the date when parking was required, in which case (b) below applies.
b. In a pre-existing building parking is provided at the following rates:
   (i) 50% of required up to 25 units (first 4 exempt).
   (ii) 80% of required up to 50 units.
   (iii) 100% of required above 50 units.
c. Affordable units parking is provided at 50% of the above rates.

SECTION 6.35.1 – Special Permit to Reduce Parking Requirements
Objective of Changes: To add historic preservation and urban design concerns as standards for judging the wisdom of reducing parking requirements.

Existing Provisions Proposed Provisions
Scope: Any property owner may request a special permit to reduce or waive the parking requirement for any new or reused property. Scope: Any property owner may request a special permit to reduce or waive the parking requirement for any new or reused property.
Requirements:
The BZA or Planning Board may authorize a reduction in required parking if it determines that there are not unreasonable negative impacts or that there may be positive benefits. A set of six considerations is laid out in the Ordinance to assist the Board in its findings.
Requirements:
The BZA or Planning Board may authorize a reduction in required parking if it determines that there are not unreasonable negative impacts or that there may be positive benefits. A set of six considerations is laid out in the Ordinance to assist the Board in its findings. Historic preservation and citywide urban design objectives are added to that list of considerations.

Councillor Reeves then invited questions from members of the committee.

Councillor Davis asked why the proposed requirement for a new residential use of affordable housing in an existing system is 50 percent of the parking requirement for market rate housing, and asked whether that reduction applies to the inclusionary zoning affordable units in a private development.

Ms. Rubenstein stated that the reduced requirement for affordable housing does not apply to inclusionary units but rather only to affordable housing developments. Ms. Rubenstein stated that the provision reflects the result of an informal survey that showed fewer cars per population in affordable housing developments, although not 50 percent fewer. The provision also reflects the City policy to provide as much affordable housing as possible with the available housing funds. Parking is very expensive and means that fewer units can be provided.

Councillor Maher expressed concern about building affordable housing developments to a different and lesser standard than other residential developments.

Councillor Maher then asked how the Beech Street redevelopment of Long’s Funeral Home into residential units would be changed under the proposed amendment. Mr. Barber said that although the two portions of the building would be treated quite differently under the amended version than under the current law, the end result probably would not change very much. The new construction portion would have been subject to Paragraph (a) and the question would be how many dwelling units are in the old portion of the building and how many in the new part. Parking would be required for all of the units in the new portion. The old portion would be subject to the tiered system of Paragraph (d), but since the total number of units would be less than 25, the requirement would have been the 50 percent rate with an exemption for the first four of the required spaces. Under the new amendment the requirement would be for more spaces than the current zero. But even though the current requirement is zero, the developer has planned for 5-6 parking spaces.

Councillor Maher then asked what difference the amended parking requirements would make for redevelopment of the Blessed Sacrament site. Mr. Barber said that if the site were to be developed as affordable housing, parking for 35 units would be required; if developed by a private developer, parking for 70 units would be required under the proposal.

Councillor Maher posed the question of a site that is already built out, with one building already housing and the intent to convert the second to 40 units of housing. Mr. Barber stated that the parking requirements for the existing building would not change. With regard to the new building of 40 units, under Paragraph (d), 80 percent would be required so the parking requirement would be for 32 units.

Councillor Maher asked whether, if parking could not be provided underground and there were no room for parking on site, could the parking be elsewhere. Mr. Barber answered yes with a long-term lease or through a special permit or variance.

Mayor Sullivan asked whether visitor spaces have ever been calculated into requirements for large residential buildings. To him, it seems reasonable to require such additional spaces. Mr. Barber stated that the sections under consideration are not the sections that deal with the required parking itself.

Councillor Reeves asked whether parking must be provided onsite. Mr. Barber said it must be onsite or adjacent within 300 feet. Otherwise the developer needs a special permit. He noted that as long as the dwelling units and the parking are on the same lot, even a large lot, there is no problem.

Councillor Reeves invited public comment.

Kathy Podgers, Pearl Street, stated that she is very concerned about the development of the Blessed Sacrament site, especially in light of the recent development on Valentine Street. One space per unit is not enough. Eventually the residents acquire cars. She recommended revising the amendment to reflect the needed end result. There is not enough space.

Susan Hunsiker stated that it is difficult to understand the ordinance. There should be a simpler rule. She would propose one space per unit for all housing. On Beech Street, that could well have resulted in a different decision by the developer, for example, a smaller development.

Roy Bercaw, Broadway, noted the general problem of regulations is in the loopholes, although he is not sure that the Beech Street case really was a loophole.

Mayor Sullivan moved that the proposed amendment be forwarded without recommendation to the full City Council and that the Ordinance Committee retain jurisdiction within the committee for further discussion.

Councillor Davis stated that she supports the motion. She noted that the issues are very complicated and that it is important that additional discussions take place in the Ordinance Committee and not on the Council floor.

Councillor Reeves agreed. He said that he is also interested in the response of the development community to this proposal.

At this time the question was called, and the motion was passed without objection on a voice vote.

On a motion of Mayor Sullivan the hearing was adjourned at four o’clock and thirty two minutes P. M.

For the Committee,
Councillor Kenneth E. Reeves, Co-Chair
Councillor Timothy J. Toomey, Jr., Co-Chair


Committee Report #2
The Human Services Committee and the Public Safety Committees conducted a joint public meeting on Wednesday March 16, 2005 at three o’clock and thirty-five minutes p. m. in the Ackermann Room.

The purpose of the meeting was to meet with the Violence Prevention Task Force to plan a citywide conversation around the issue of developing a citywide anti-bullying policy.

Present at the meeting were Councillor Henrietta Davis, Chair, Public Safety Committee, Councillor E. Denise Simmons, Chair Human Services Committee, Mayor Michael A. Sullivan, Councillor David P. Maher, School Committee Member Marc McGovern, Cristina Beamud, Legal Counsel, Police Department, Lieutenant John Sheehan and Holly Levins, Community Relations, Police Department, Ellen Semonoff, Assistant City Manager for Human Service Programs (DHSP), Jackie Neel, Child Care Director, DHSP, Eileen Keegan, Community Schools Director, DHSP, Charles Walker, Area IV Youth Center, DHSP, Stephen Christo, Frisoli Youth Center, DHSP, Patricia Bradshaw, Moore Youth Center, DHSP, Judy Bibbins, DHSP, Susan Richards, Agenda for Children, DHSP, Paul Ryder, Recreation Director, DHSP, Nancy Ryan, Director, Women’s Commission, Cathy Hoffman, Director, Peace Commission, Emmy Howe, Family Resource Center, CRLS and Donna P. Lopez, Deputy City Clerk.

Also present were Adina Davidson, The Family Center, Melody Brazo, Consultant and parent, 192 Upland Road, Kristen Handricken, parent, 18 Amory Street and Roy Bercaw.

Councillor Davis opened the meeting and stated the purpose. This is a planning meeting to discuss whether the School Department’s anti-bullying policy could apply to all other city programs. Ms. Semonoff commented that the meeting was to discuss how would the city address issues with the children that are in the out of school time programs. Her staff is being trained in multiply ways regarding anti-bullying. Her concerns are to integrate what is happening in this committee and to try to avoid training overload. The School Department passed an anti-bullying policy but the notion is to have an inclusive and supportive environment to the bully, victim and bystander, stated Ms. Hoffman. There is no venue to discuss bullying and to offer support to children and parents. Councillor Davis commented that bullying is on the front page of the newspaper with the Michael Jackson case. The alleged victim is a child who felt harassed and bullied by his peers. Bullying is pervasive in the elementary schools and with younger children. She asked how should this committee proceed to plan a citywide meeting about the issue of anti-bullying. Ms. Semonoff asked if parents were included in the development of the School Department’s policy. Parents were included in development of the policy responded Ms. Howe. Ms. Brazo stated that the parent meetings introduced the policy. An inquiry was made at what schools were the workshops held. The response was that the workshops were held at the Baldwin, Cambridgeport, Graham and Parks and Amigos.

Councillor Davis read the School Department Anti-bullying policy. This policy needs to be revised so that it applies to the human service city programs. Ms. Hoffman asked the attendees if they have observed bullying.

Ms. Bradshaw stated issues are discussed at the youth center. Next a suspension is issued. An incident report is filed at DHSP and with the parents. She has not witnessed incidents of bullying. Cliques do exist, however the youth center participants feel that they are a family.

Mayor Sullivan commented that adoption of the policy was the easiest piece; implementation of the policy and the curriculum is more difficult. A student survey revealed that six percent of the students felt that there was some bullying at the high school. The definition of bullying was important. The benefit is the training. School Committee Member McGovern informed the committee that the Superintendent of Schools is expected to report on the citywide curriculum.

The Community Schools Program does not have an issue with bullying, stated Ms. Keegan. Occasionally an incident arises and when this occurs the Community Schools staff works with the parents and the school principals. Last June a training was held for the Community Schools staff.

Ms. Handricken informed the committee that her child is in the Community Schools Program. The staff and the director do a good job. Her child, however, deals with bullying everyday. The staff, she felt, does not know how to deal with the issue of bullying. She expressed her hope that there would be coaching sessions for the staff.

Councillor Maher supported a systematic planning program that would support the teachers in dealing with bullying. Taunting generally follows its victim, he said.

Ms. Beamud, Legal Counsel, Police Department, distributed proposed legislation sponsored by Senator Jarrett T. Barrios entitled "Reducing Gang Violence in the Commonwealth of Massachusetts, " (ATTACHMENT A). The proposal contains an anti-bullying component. The Police Commissioner is in favor of the proposal. Funding would be provided for the anti-bullying program. Councillor Davis wanted information as to how this legislation would affect Cambridge.

Ms. Davidson, a social worker, commented that she sees the painful side of bullying. Community building and anti-bullying need to be side-by-side. She spoke about the need to give support to adults who are in a child’s life. She spoke about prevention and intervention balance. She worked with the athletic coaches who were happy to be asked for their input. The coaches expressed a need for more support for parents and preventive strategies.

Councillor Simmons stated that the city works best when it works collaboratively. She asked if there should be a conversation to develop a citywide policy and strategy for the out of school time programs. Teachers bullying children is an area that needed to be addressed. If teachers act in a bullying manner children learn to bully. Ms. Richards spoke about the social and emotional well being of children. Ms. Handricken supported workshops created about bullying and community building. Ms. Keegan stated that the earlier that city staff can get to the children the better the chances of success of preventing bullying.

Ms. Semonoff stated that the Kids’ Council, the School Committee and the City Council have recently adopted an inclusion policy for the out of school time programs. She stated that the best efforts of all concerned is to focus on including children in the school and after school programs who were not previously participating in the programs. She expressed her concern for her staff with the layering of the training and the timing issue. Councillor Davis stated that training should be done around inclusion, identity, bullying and community building. Segregated work may not be the best effort cautioned Ms. Semonoff. Councillor Simmons stated her support for an anti-bullying policy for city programs that is written.

Ms. Howe stated that training is what is needed for parents and the family culture. Community building is the legs for the anti-bullying policy.

Mr. Bercaw suggested that victims of bullying be invited to discuss this issue. He questioned why is the City Council getting involved in bullying by school children. He asked if there is a problem with gangs in Cambridge. Psychiatrists are the problem with society. Political bullying is the biggest form of bullying; people who disagree with the political view are bullied.

A discussion ensued about creating a working group to discuss this issue. Ms. Neel suggested that a subcommittee meet to divide the training so that the training would not be overwhelming. Councillor Davis stated that the committee would meet after the subcommittee to work on changing the wording in the School Department anti-bullying policy to relate the policy to the human service programs. Ms. Hoffman suggested that there should be a Community Schools parent involved in the process to change the policy so that it relates to human service programs.

In conclusion Ms. Neel would meet with the subcommittee to develop the training and would report back to the Human Services and Public Safety Committees.

Councillors Davis and Simmons thanked all attendees.

The meeting adjourned at five o’clock p. m.

For the Human Services Committee
Councillor E. Denise Simmons, Chair

For the Public Safety Committee
Councillor Henrietta Davis, Chair


Committee Report #3
The Veterans Committee held a public meeting on Tuesday, March 22, 2005 at three o’clock and ten minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss creating programs for veterans coming home from the war.

Present at the meeting were Vice Mayor Marjorie C. Decker, Chair of the Committee, Councillor Anthony D. Galluccio, Councillor David P. Maher, Mayor Michael A. Sullivan, Robert W. Healy, City Manager, Ini Tomeu, Public Information Officer, Robert Stevens, Director, Veterans’ Services, Steven Vesci, Deputy Director, Veterans’ Services, Harold Cox, Chief Public Health Officer, Dr. Ruth A. Barron, Director, Outpatient Psychiatry, Cambridge Health Alliance, Marsha Lazar, Director Community Health Programs, Michael Gardner, Personnel Director, Lisa Peterson, Public Works Commissioner, Cathy Hoffman, Director, Peace Commission, John Gelinas, Deputy Fire Chief and Donna P. Lopez, Deputy City Clerk. Also present were Maria Spiewakowski, Assistant Secretary, State Department of Veterans’ Services, Mel Tapper, Boston VA Healthcare System and Coordinator of Returning Veterans, Terrence Rothman, Veteran and John C. McLean, 474 Broadway, Cambridge, MA.

Vice Mayor Decker opened the meeting and stated the purpose. Cambridge residents are serving in Iraq and will be returning from active service. She expressed her concern with the thirty-day exit strategy provided by the military. Post Traumatic Stress Disorder (PTSD) does not show up in thirty days. This disorder occurs when the servicemen return to their normal life. She is trying to develop services for veterans. She cited the challenge that the servicemen serving in the Reserves and National Guard are unknown due to security reasons. She is the daughter of a veteran who served two tours of duty in Vietnam. She commented on the services provided by the VA. Veterans who experience PTSD need mental health services as well as health services. This meeting, she said, is to bring all agencies together to see if there is any service that Cambridge can offer.

Terrence Rothman informed the committee that he was a homeless veteran for more than two years. He is currently living in the Chelsea soldiers’ home because of the work of Mr. Vesce. He thanked Mr. Vesce for his assistance to him. His comment was that more could be done more efficiently and resources could be used more efficiently.

Vice Mayor Decker thanked all the attendees. Her hope is to develop the next steps to coordinate programs for Cambridge residents. She asked Mr. Stevens to give a background of veteran services.

Mr. Stevens stated that there have been 7,000 active veterans who have served in Iraq or Afghanistan since 9/11. He is waiting for information from the military about these active veterans. Reservists and National Guard members who are returning to Cambridge need to be identified. This year there is a veteran census being done. There are thirty Iraq or Afghanistan veterans from Cambridge. Nineteen of these individuals work for the City of Cambridge; most are not residents of the City. He suggested a partnership with adjacent cities and towns to coordinate services. There are many federal and state programs to help veterans’ transition back into society. Due to the Iraq war the federal government has shifted it priorities to focus on the Iraq war veteran. He introduced Mr. Tappen, the VA Coordinator for returning veterans who outlined the VA programs.

Mr. Tapper informed the committee that the VA has made major changes since the Vietnam War. The VA prioritizes the Iraq and Afghanistan veteran. Services for PTSD can be screened in days. Women are more vulnerable to PTSD than men. The VA is screening, processing, providing services and during outreach, he said. He distributed an article from the Sunday, March 13, 2005 Daily News Tribune entitled "Healing Hidden Scars of War" (Attachment A). He explained that when services are described to the returning veteran their major concern is to return to their family, their normal life and to take their military uniform off. He stressed the need for family and friends to let the veteran know if they are acting in ways that are contrary to their normal behavior. He spoke about the alien environment of a 19 year old visiting the VA when Vietnam veterans are in their 50’s, Korean veteran is in their 70’s and World War II veteran is in their 80’s. There is a Task Force created to identify the failures and to make corrections to the VA.

Vice Mayor Decker stated that she wanted to find ways to develop a more formal protocol to identify who are the returning veterans and a protocol for city department heads and health clinics to identify PTSD or health service needs. She wanted to expand the City and VA resources and increase the service access.

Maria Spiewakowski informed the committee that her office would provide a list of names of the returning Iraq and Afghanistan veterans. A letter will be sent to all military personnel signed by the governor welcoming the veteran home and thanking them for their service. She distributed a pamphlet (Attachment B) with information about the services that veterans are entitled. Each city and town would be provided with the names of the veteran who reside in their communities. A federal grant was given to provide training for veterans. Her department is aggressively doing outreach.

Dr. Barron, Director, Outpatient Psychiatry, at the Cambridge Health Alliance stated that there is a large outpatient system at the Cambridge Hospital including "Victims of Violence" that treats victims of trauma. The Victims of Violence clinic has received a grant relating to 9/11. PTSD is a diagnosis that comes from extreme situations. PTSD causes increased domestic violence and substance abuse. Serving in the military may cause stress. Dr. Barron was informed that the screening done by the VA is a multi-screening process.

Vice Mayor Decker asked if there is a way to formalize the services between the VA and the Health Alliance and what are the possibilities and obstacles. She stated that she wanted a place in Cambridge for veterans to connect. Should a protocol be developed for city employees, she asked. Cambridge has the resources and interest to do this.

Dr. Barron stated that there is a stigma for the need for mental health services. She asked if there is a mandatory period for services. Vice Mayor Decker responded that the mandatory period is thirty days. The military is considering having a 3-6 month follow-up. Dr. Barron stated that it is not part of the Health Alliance protocol of health to question patients if they are a returning veteran. Vice Mayor Decker questioned what could the Health Alliance do to aggressively identify veterans. She asked if the primary care physicians could distribute the veteran pamphlet to their patients. Mr. Stevens wanted the City to identify other communities to create a collaborative to have the veteran service departments notified of returning veterans. Veterans, he said, do not come forward on their own for these services. Mr. Tapper stated that 12,000 service persons are receiving mental health care. There is a program where the district attorney can work with health care providers to identify servicepersons who need these services. Vice Mayor Decker commented that returning Iraq veterans have been denied disability benefits from the VA. If the Health Alliance identified employees who are sent to the VA advocate service could be provided.

The committee heard from Michael Gardner, Personnel Director, who stated that a letter should be sent from the City Manager similar to the one being sent by the governor. Transition issues and Employee Assistance Program (EAP) crises counseling is provided twenty-four hours a day. He cautioned overplaying the damage to this group of individuals. He suggested training supervisors to identify behavioral triggers that may require EAP or Health Alliance services. We are talking about 20-25 City employees. Departments need to be aware of adjustment issues.

John C. McLean, 474 Broadway, a veteran, informed the committee that symptoms do pile up over the years. He spoke about the triggers and the importance of connection to other veterans. The Veterans Upward Program is a good program.

Vice Mayor Decker stated that she wanted the City and management to be conscious of the needs that servicepersons may require. She wanted Cambridge to go the extra mile for the veteran employees. She wanted the veteran services to be included in the Employee Benefit package offered by the City, including a contact person at the Health Alliance, counseling services for the families of veterans. Mr. Rothman suggested that Harvard University and MIT be integrated in the scientific analysis of who are the returning veterans and what experience would the returning veteran encounter. Who is being recruited needed to be considered on socio-economic level.

Vice Mayor Decker requested any ideas or suggestions to coordinate services and to move forward.

Mr. Stevens favored training supervisors in the City about the need of returning veterans. He would like a collaborative partnership between the VA and the Health Alliance to exchange information. If the returning veterans are not employees he would like a welcome to be sent by the Mayor with a list of benefits for the veteran. He would like information to be sent to returning veterans from the Health Alliance listing the options available to the veteran and their family. Collaboration between the VA and City on the new VA priority system and the new approach for treatment would be beneficial.

Mr. Cox would review how the data is collected at the Health Alliance. The brochure from the state would be distributed at the hospital. He cautioned that there is an issue with the Health Alliance giving patient information to veteran organizations. It is more difficult to have a primary contact for veterans at the hospital. Collaboration is important.

Ms. Hoffman hoped that peace organizations would be more aligned with veterans’ organizations. Members of the National Guard never meant to be in active service. Military personnel coming back from Iraq are speaking out against the war. Iraq veterans are connecting with other veterans and coming forward for services and networking. The stories of these veterans need to be told, whether on CCTV or through other means. Could Cambridge provide a venue for families to come together and be more sensitive to these families, she asked. Should Gulf War veterans be invited for services that are war related? She spoke about servicepersons who were denied services because of the use of alcohol. There is an environment of silence about veterans and a need to open the silence. Vice Mayor Decker stated that it has come to her attention that it is common practice for the VA to list alcoholism on veterans records as a way of denying service related benefits to veterans.

Dr. Barron commented that if there are not many returning Cambridge resident veterans these cases could be handled on a case-by-case basis to determine how a veteran is transitioning into society. She suggested the following:
* If patients come to a psychiatry clinic and are having problems that services are provided;
* Therapeutic groups be provided to discuss reintegration into society; and
* Completely neutral venue where there is a gathering where information is provided to veterans.

Mr. Stevens informed the committee of a plan to be held on June 14th to recognize and honor service persons from Iraq.

Vice Mayor Decker thanked all attendees. To honor service persons is to provide them with the best city services. In conclusion, she would summarize action steps needed. She wanted a sub committee to work on outlining possible ideas and would reconvene this committee in three months to do a follow-up.

The meeting was adjourned at four o’clock and fifty-five minutes P. M.

For the Committee,
Vice Mayor Marjorie Decker, Chair


Committee Report #4
The Ordinance Committee held a public hearing on Wednesday, March 9, 2005, beginning at four o’clock and thirty-eight minutes p. m. in the Sullivan Chamber. The hearing was held for the purpose of continuing discussion of proposed amendments to the Police Review and Advisory Board (PRAB) Ordinance.

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Mayor Michael A. Sullivan, Vice Mayor Marjorie C. Decker, Councillor Henrietta Davis, Councillor E. Denise Simmons, Councillor David P. Maher, Councillor Brian Murphy, and City Clerk D. Margaret Drury. Also present were Robert W. Healy, City Manager, Donald Drisdell, City Solicitor, Vali Buland, Assistant City Solicitor, Quoc Tran, Interim Executive Secretary for PRAB, Martin Small, Board Member, PRAB, Susan Melucci, Board Member, PRAB

Councillor Reeves convened the hearing and explained the purpose. He invited Mr. Healy to begin the discussion. Mr. Healy distributed a letter to the Ordinance Committee in response to an issue that had been raised (Attachment A) and summarized the contents therein. He noted that the proposed ordinance (Attachment B) does not require a citizen to file a complaint with the Police Department. While the proposal calls for an initial investigation to be done by a police quality control investigator, PRAB retains the right to question the results of the investigation and to do further investigations. Mr. Healy stated that he concurs with many of PRAB’s suggested changes (Attachment C) but an ordinance that gives an appointed citizen board the power to hire and fire City employees and set conditions of employment violates the City Charter, which is state law.

The City Manager also noted that there are Civil Service restrictions on the imposition of discipline on police offices. Only the Police Commissioner and the City Manager are allowed to impose discipline under state law. Mr. Healy emphasized that the proposed changes are not an attempt to eliminate the functioning of the PRAB.

Councillor Reeves said that some background to this issue would be useful. Citizens wanted a police review board for many years before the City Council was able to pass this ordinance. Then it took some years to appoint a board, and the geographical distribution requirement of the ordinance made it very difficult to keep a full board. The PRAB has had many ups and downs. Currently citizens have three ways to complain about police mistreatment: Human Rights Commission, the PRAB, or the Police Internal Investigation Process.

Councillor Reeves then invited clarifying questions. He requested that Martin Small, Susan Melucci and Quoc Tran join in the discussion.

Councillor Reeves asked whether there are judicial constraints on how much time the City Council has to act on this matter. The City Solicitor stated that there is pending litigation on the PRAB, which will be back before the court on April 20, 2005.

Councillor Reeves asked for information on the case. Assistant City Solicitor Vali Buland stated that the litigation was brought by a number of plaintiffs. A primary issue is that the ordinance states that the staff of PRAB shall not have been employed by the City within the past two years. Mr. Tran was the Executive Director of the Human Rights Commission before his appointment to Executive Secretary and now holds both positions. The court has given the City the opportunity to amend the ordinance or to comply with the ordinance as written.

At this time Councillor Simmons asked why this hearing was not televised. Councillor Reeves submitted the following order:
ORDERED: That the City Manager be and is hereby is requested to arrange for televising of any future Ordinance Committee hearings on the proposed amendments to the Police Review and Advisory Board Ordinance.

The motion was adopted on a voice vote without objection.

Councillor Reeves asked the City Solicitor if it would be helpful if the City Council acted on that particular issue even if it had not finished its overall consideration of amending the PRAB Ordinance. The City Solicitor replied in the affirmative and said that it would also be helpful if the City Council could deal with PRAB’s proposal to amend the ordinance to allow a board member who was a resident when appointed but has since moved to stay on the board until a replacement is appointed. Ms. Melucci is currently in that position. She has moved to Leominster.

Mayor Sullivan asked whether there is disagreement between Mr. Healy and PRAB with respect to the employment issue.

Councillor Reeves asked Mr. Tran how many members of the board there are when all positions are filled and how many are there now. Mr. Tran replied that in September 2003 when he was first assigned, there was only one. Shortly thereafter, there was a full complement, which is five members. Then one resigned. Right now there are four. The recommendation by the board with regard to Ms. Melucci was unanimous.

Mr. Small said that with regard to the Mayor’s question of how much agreement there is on the employment issue, he does not disagree with the Executive Secretary also serving as Director of the Human Rights Commission. The Executive Secretary of PRAB is not a full time position. Councillor Reeves stated that it was in the past. Mr. Small said that the real difficulty for the PRAB is that when they were interviewed they were not told that there would be any changes in the ordinance.

Councillor Reeves suggested focusing on the two sections that are the subject of the court case. He listed those issues as follows:
1. A PRAB Executive Secretary’s employment with the City in another position within the past two years;
2. Whether a board member who moves out of the City can stay on the board until another person is appointed.

Vice Mayor Decker said the question about former residents serving on the board is complicated and affects a lot of the boards, an example being: the Kids’ Council.

Mayor Sullivan recommended immediately going to public comment.

Councillor Maher stated that a full Ordinance Committee Hearing is not the place for wordsmithing.

Councillor Reeves invited Mr. Small to comment. Mr. Small suggested making the two changes suggested by Mr. Healy to resolve the court issue. Mr. Small then said that if the ordinance were written, as now proposed, he would not have agreed to be on the board.

Councillor Davis said that she thought she heard Mr. Healy say he agreed with all that PRAB had requested. Mr. Small said that the items that the PRAB members have agreed with are fine. The others are a problem. He listed the following problem areas for PRAB members:
1. Eliminating the prohibition of family members working for the same board;
2. Reasonable expense reimbursements;
3. Eliminating the board’s power to fix the terms of employment of its employees;
4. Eliminating the board’s power to appoint investigators;
5. Eliminating the board’s power to recommend discipline for police officials;
6. Changing the subpoena powers.

Councillor Reeves asked him if, under the current ordinance, the PRAB can be effective and Mr. Small answered in the affirmative.

Mr. Healy stated that his proposal does not take away subpoena power. The section was relocated.

In response to an invitation from the Co-Chairs to share her thoughts on the issue, Ms. Melucci said that she agrees with the proposed amendments set forth in the January 14th memo from the PRAB members.

Mr. Healy said that he submitted his proposal to the City Council in October 2004, hoping that would be acted upon by the City Council before the next court hearing. He would be pleased to have the City Council make the changes in which the court is interested and continue its consideration of the other issues. He understands that the Ordinance Committee needs more time for the larger questions, but he would emphasize that many municipalities are moving to the model he has suggested.

Mr. Drisdell noted that there are actually two sections that affect the current interim Executive Secretary; one is the provision that no member of the board staff can hold another position with the City. The other provision is that no one who was a City employee within the last two years can work for PRAB. Mr. Drisdell emphasized that the current ordinance violates the Charter in the sections governing the board power to hire or fire employees. Theses sections were never valid. PRAB never had that power.

Councillor Toomey invited public comment.

Kathy Podgers, Pearl St., reminded everyone why they are here. She had a false arrest and was not allowed to file a complaint until months after the incident. Private corporations should not influence police especially when the citizen hands them a copy of the actual law. Is this how you want the police to behave?

Ray Bercaw, Broadway, said that there are a lot of disagreements here regarding subpoena power. The current ordinance requires the PRAB to go through the City Solicitor to issue the subpoena and requires the City Solicitor’s approval. The City Manager wants to change it to provide that the board with the assistance of the City Solicitor shall issue subpoenas. In 1990 a citizen went to the Internal Affairs Office of the Police Department and they put him in a mental hospital.

Eli Yarden, 143 Pleasant Street, said that he does not agree that the current ordinance is illegal. Nothing in the Charter forbids the creation of new boards and positions. He is a plaintiff in the lawsuit. The advisory function of PRAB is one of its most important functions. There is a great deal of evidence that the City Manager has done a great deal to make PRAB nonfunctional.

Richard Clarey, 14 Brookfield Street, stated that Section 109 of Chapter 41 of the Massachusetts General Laws provides when a member of the board moves from the city or town that position is vacated. The law is clear. Ms. Melucci left on October 31, 2005 to move to Leominster. At the January meeting of the Ordinance Committee, two highly skilled lawyers represented Mr. Healy and PRAB had no lawyer. He questioned Lieutenant Burke, Police Investigator, who said that he wants a PRAB.

Lawrence Adkins, 45 Hayes Street, urged more meetings on this issue and that they be televised. When there was a full time Executive Secretary, PRAB had a regular presence. Now when you call, you get a message. No one is there to help a citizen to fill out a form. The public need is not being met. This issue needs to be looked at more deeply.

Vice Mayor Decker asked City Solicitor Drisdell if the law says that if a board member is no longer a resident this position is vacant. Mr. Drisdell answered in the affirmative and added that there is also a separate doctrine of the law, the holdover doctrine, which provides that even if the position is vacant, the former occupant may continue to serve as a holdover until a new incumbent fills the vacancy. In his opinion, there is no violation of the law in Ms. Melucci’s continuing to serve in a holdover position. Councillor Reeves asked whether the statute cited by Mr. Clarey applies to all boards. Mr. Drisdell responded in the negative. The statute applies only if there is an ordinance that makes residency a requirement of membership on a particular board.

Vice Mayor Decker asked whether it is true that if you call PRAB you get an answering machine. Mr. Tran replied that it is not true. There is an answering machine, but that in addition to him, there is a full time employee who works half time for the Human Rights Commission and half time for PRAB. The Human Rights Commission also has four staff members who answer the telephone of both agencies.

Vice Mayor Decker emphasized the importance of getting a real person when calling for something as intimidating as a complaint about police behavior. Vice Mayor Decker added that she had hoped that the Ordinance Committee would get the issue of a combined Executive Director for both agencies. She sees the two positions as requiring different job skills. She does not believe that the City Manager wanted this change just to save money. She would like to know whether the combination works substantively and organizationally.

Councillor Reeves said that the Ordinance Committee needs more information and discussion about the history of the PRAB.

Councillor Toomey moved that the proposed amendments remain in the Ordinance Committee. The motion passed without objection on a voice vote.

Councillor Murphy stated that the Ordinance Committee needs to have the Police Commissioner and a representative from the Patrol Officers Union at the next hearing.

Councillor Reeves and Councillor Toomey thanked all those present for their participation.

The hearing was adjourned at six o’clock and twenty-five minutes p.m.

For the Committee,
Councillor Kenneth E. Reeves, Co-Chair
Councillor Timothy J. Toomey, Jr., Co-Chair