Cambridge City Council meeting - May 3, 2004 - AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable With Power for a term of three years, effective the first day of January, 2004:
Burton M. Malkofsky, 19 Roberts Road, Cambridge, MA 02138
2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Mariel Mabardy as a Public Weigher to operate scales at MICH-LIN transfer station, 45 Mooney Street for the year 2004.
3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Berkshire Taconic Artist’s Resource Trust from the Arts for $4,500 to the Grant Fund Public Celebrations (Arts Council) Other Ordinary Maintenance account to support the creation of artistically rendered seating elements for the CAC gallery located at the City Hall Annex.
4. Transmitting communication from Robert W. Healy, City Manager, relative to appropriation of a grant from the National Endowment for the Arts for $25,000 to the Grant Fund Public Celebrations (Arts Council) Other Ordinary Maintenance account to support the development of a collaborative project involving the Cambridge Arts Council and the Underground Railway Theater.
5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $41,800 in Central Artery/Tunnel (CA/T) reimbursement funds to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds for additional design consultant services during the construction of the North Point Roadways project that is being constructed by the Central Artery/Tunnel project.
6. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $72,000 from Fire Salary and Wages account to the Travel and Training account to cover medical services and/or prescription reimbursement costs for fire personnel injured during the performance of their duties.
7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $38,785 in additional municipal access fees to the General Fund Cable Television Other Ordinary Maintenance account to provide an additional payment to Cambridge Community Television (CCTV).
8. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $75,000 from General Fund Cable Television (TV) Other Ordinary Maintenance account to the Public Investment Fund School Extraordinary Expenditures account to help partially cover the School Department portion of renovation and equipment costs associated with the new cable television studio and offices to be located at 456 Broadway (Solomon Garage).
9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-23, regarding a report on the City’s website and whether it meets accessibility needs.
10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-25, regarding a report on the plan to support same sex couples who want to marry and will require premarital blood tests.
11. Transmitting communication from Robert W. Healy, City Manager, relative to the appointments to the Board of Zoning Appeals.
ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, 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.
APPLICATIONS AND PETITIONS
1. An application was received from Terri Mesue, requesting permission for three tables and six chairs at the premises numbered 11 Warren Street.
2. An application was received from Dance Complex, requesting permission for a temporary banner at JFK and Mount Auburn Streets.
3. An application was received from Vision House, requesting permission for a sandwich board sign at the premises numbered 7 JFK Street.
4. An application was received from Cambridge Coffee Shop, requesting permission for an awning at the premises numbered 847 Cambridge Street. Approval has been received from Inspectional Services, Community Development Department and abutters.
5. An application was received from Kevin Emery, requesting a curb cut at the premises numbered 24 Clifton Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. One Neighborhood Association letter was sent out. No response received from the Neighborhood Association.
6. An application was received from Stephen and Susan Camelio, requesting a curb cut at the premises numbered 1 Seventh Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. One Neighborhood Association letter was sent out. No response received from the Neighborhood Association.
7. An application was received from Curves, requesting permission for a sandwich board sign at the premises numbered 614 Massachusetts Avenue.
COMMUNICATIONS
1. A communication was received from Ruth Murray, transmitting thanks for the resolution adopted by the City Council following the death of her sister M. Dorothea Murray.
2. A communication was received from Roy Bercaw, regarding police power.
3. A communication was received from Peter Valentine, regarding a public common at University Park.
4. A communication was received from Peter Valentine, regarding a hearing on the 27th of the license board.
5. A communication was received from Owen O’Riordan, Assistant Commissioner of Engineering, transmitting notification of new/change of addresses for 19 Madison Avenue, 750, 730, 746 and 748 Memorial Drive, 16&18 Sumner Road, 9 Forest Street, Unit 2, 19&21 York Place, 185 Holworthy Street, Apt 1&2, 23 Griswold Street, 222 Erie Street, 500 Kendall Street, 157 Sixth Street, 35 Foster Street, 4 Bishop Allen Drive, Units 1&2, 8 Bishop Allen Drive, Units 1,2,3&4, 45 Market Street, Units 1, 2&3 and 265 Rindge Avenue.
RESOLUTIONS
1. Resolution on the death of Samuel Sherman. Mayor Sullivan
2. Welcome to Shirin Ebadi, the 2003 Nobel Peace Prize Laureate, during her stay in Cambridge. Mayor Sullivan
3. Happy Mother’s Day to all mothers of the City. Mayor Sullivan
4. Resolution on the death of Charles A. Johnson, Jr. Councillor Galluccio
5. Resolution on the death of Frances Evelyn Seward. Councillor Galluccio
6. Thanks to M.I.T. and especially Paul Parravano, Co-Director of the Office for Community and Government Affairs, for their cooperation with the Cambridge Rindge and Latin High School football program by making available M.I.T.’s football field for the Thanksgiving Day game. Councillor Galluccio
7. Wishes for a speedy recovery to Leslie Brooks. Mayor Sullivan
8. Congratulations to Clare Lonergan, K1 student at St. Peter School, on the birth of her brother, Henry Patrick. Mayor Sullivan
9. Congratulations to Andre Melo, K1 student at St. Peter School, on the birth of his sister, Juliana. Mayor Sullivan
10. Congratulations to Cricia Long, K2 teacher at St. Peter School, on the birth of her son, Brandon Michael. Mayor Sullivan
11. Congratulations to Stephanie Russell, 5th Grade teacher at St. Peter School, on the birth of her son, Jake. Mayor Sullivan
12. Support for the Dance Capital of New England, urging all residents, visitors, employees and tourists to take part in this year’s celebration of Dance Month and proclaim May as Dance Month in Cambridge. Mayor Sullivan
13. Congratulations to Eve Rounds on winning the 2004 Dance Belt Award presented by the Dance Complex. Mayor Sullivan
14. Congratulations to Kelley Donovan on winning the 2004 Dance Belt Award presented by the Dance Complex. Mayor Sullivan
15. Congratulations to Carmel and Peter O’Reilly on winning the 2004 Gold Medal, presented by the Eire Society of Boston. Mayor Sullivan
16. Resolution on the retirement of Mary Sullivan. Mayor Sullivan
17. Congratulations to Louis and Janelle Costa on the birth of their new son, Leo Douglas. Councillor Toomey
18. Resolution on the death of Richard A. Fennessy. Councillor Toomey
19. Thanks to Joe Griffin, Harvard University and Lou DiBerardinis of M.I.T. for their help and contribution toward the safety program for the Cambridge Public Schools needed for the schools science teachers and their students. Councillor Maher
20. Support for the Studio Z salon hosted collaborative effort of Zeitgeist Gallery and the Artisans’ Word Art & Crafts Gallery in Cambridge on Thursday, May 6, 2004, 4:00-6:00pm at the Zeitgeist Gallery at 1353 Cambridge Street, Inman Square. Councillor Toomey
21. Resolution on the death of Barbara Bejoian. Councillor Maher
22. Resolution on the death of H. John Greenland. Mayor Sullivan
23. Congratulations to Jamil Jean Pierre and LaVon Lashley on their marriage. Councillor Galluccio
24. Condolences to Mary Leno of the Women’s Commission for her loss. Councillor Simmons
25. Congratulations to Mrs. Phyllis Collazzo on being the recipient of the Community Linkage Award in honor of National Nurse’s Day, May 6, 2004. Mayor Sullivan
26. Welcome Lionel Davis to Cambridge and thanks to sondela and Donna Keefe for the initiative of solidarity with South Africa. Councillor Reeves
27. Honoring the legacy of Ken Williams. Councillor Davis
28. Congratulations to the City of Cambridge and the Cambridge Commission for Persons with Disabilities on Cambridge being one of eleven finalists in the Accessible America Contest. Councillor Davis
29. Congratulations to GREENTIMES on moving into its new location at 129 South Street, Boston. Mayor Sullivan
30. Support for the "Senhor Santo Christo dos Milagres" procession on Sunday, May 16, 2004 beginning at 2:00pm at St. Anthony’s Church. Mayor Sullivan
31. Congratulations to the 2004 Outstanding City Employee Award Recipients. Mayor Sullivan
32. Appreciation to Bridget Rodriguez, Principal of the Morse School, for many years of service and wish her well in her future endeavors. Mayor Sullivan
33. Wishes for a speedy recovery to Alfred Campagna. Mayor Sullivan
34. Wishes for a speedy recovery to Pat Buckley. Mayor Sullivan
35. Congratulations to the recipients of the Charles Stark Draper Prize presented at the Museum of Science in Cahners Theater on Tuesday, May 4, 2004 at 4:00 p.m. Mayor Sullivan
36. Congratulations to a newly elected Everett City Councillor. Councillor Galluccio
37. Resolution on the retirement of Jeannette Gaynor. Councillor Maher
38. Congratulations to Steve and Delia Carroll on the birth of their son, Logan. Mayor Sullivan
39. Best wishes to Michael and Kelly Rafferty as they celebrate their first communion at St. Peter's Church. Mayor Sullivan
40. Best wishes extended to the many boys and girls as they celebrate their first communion St. Peter's Church . Mayor Sullivan
41. Resolution on the death of Vincent J. DeStefano. Mayor Sullivan
ORDERS
1. The City Manager is requested to convene a meeting with the School Department regarding green building practices related to school buildings with upgrading for optimal energy efficiency and to consider rooftops such as that at the King School building for solar
photovoltaics. Councillor Davis
2. The City Manager is requested to report on the policy regarding the use of seat belts in taxi cabs. Councillor Simmons
3. The Human Services Committee is requested to conduct a public meeting in the evening to discuss the living wage as it relates to child care workers. Councillor Simmons
4. The City Manager is requested to report on providing larger containers to reflect the portion of trash that is recyclable. Councillor Davis
5. The School Committee to request School Department to provide an update for the City Council on the status of the Rindge School of Technical Arts (RSTA). Councillor Galluccio
6. The City Manager is requested to confer with the Assistant City Manager for Human Services to provide a report from the Workforce Development Division on the number of Cambridge residents who are currently enrolled in union apprentice programs in any of the building trades and to provide the report at a regular business meeting within one month. Councillor Galluccio
7. The policy order adopted on October 27, 2003 (Order Number 2) be amended as "That the corner of Hardwick and Berkshire Streets be designated as "Michael and Rose McDermott Square." Councillor Toomey
8. Support for House Bill H-4535, the Computer Take Back Bill on CRT’s (Cathode Ray Tubes). Councillor Davis
9. City Manager be and hereby is requested to confer with the City Solicitor to provide the City Council with a legal opinion as to whether the City Clerk may exercise discretion to continue the practice of relying of affidavits from the applicants rather than requiring evidence of residency. Councillor Murphy, Councillor Simmons
10. The public hearings of the special committee to review the method of the election of the Mayor be advertised and televised in the same manner as the public hearings. Councillor Galluccio, Councillor Reeves
11. The City Manager is requested to direct the Office of Cable TV to broadcast live and or tape the activities on May 16 and May 17, 2004. Councillor Simmons
COMMITTEE REPORTS
1. 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 Brian Murphy, Chair of the Public Facilities, Arts and Celebrations Committee, for a joint meeting held on April 15, 2004 to discuss the issue of same sex marriages and preparation for May 17th and any other issues related to same sex marriages.
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 Brian Murphy, Chair of the Public Facilities, Arts and Celebrations Committee, for a joint meeting held on April 29, 2004 to discuss the issue of same sex marriages and preparation for May 17th and any other issues related to same sex marriages.
HEARING SCHEDULE
Mon, May 3
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 4
10:00am The Finance Committee will conduct a public meeting to discuss the FY05 City Budget. (Sullivan Chamber)
Wed, May 5
4:30pm The Public Facilities, Art and Celebrations Committee will conduct a public meeting to discuss the feasibility of whether there are parks/open spaces where dogs may be walked off-leash located in all four quadrants of the city. (Ackermann Room)
5:30pm The Ordinance Committee will conduct a public meeting on a petition to amend the zoning in Cambridgeport at Memorial Drive. (Sullivan Chamber)
6:00pm The Ordinance Committee will conduct a public meeting on the Tree Ordinance and the zoning amendments to accompany the Tree Protection Ordinance. (Sullivan Chamber)
6:30pm The Ordinance Committee will conduct a public hearing on the Skateboard Ordinance. (Sullivan Chamber)
Thurs, May 6
10:00am The Economic Development Training, and Employment Committee will conduct a public meeting to continue discussions on planning events in Cambridge for the month of July. (Sullivan Chamber)
Mon, May 10
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 11
10:00am The Finance Committee will conduct a public meeting to discuss the FY05 City Budget. (Sullivan Chamber)
Wed, May 12
6:00pm The Finance Committee will conduct a public meeting to discuss the FY05 School Department Budget. (Sullivan Chamber)
Thurs, May 13
10:00am The Finance Committee will conduct a public meeting to discuss the FY05 City Budget. (IF NECESSARY) (Sullivan Chamber)
1:00pm The Human Services and Public Facilities, Art and Celebrations Committee will hold a joint meeting to discuss the issue of same sex marriages and preparation for May 17th and any other issue related to same sex marriages. (Sullivan Chamber)
Mon, May 17
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 18
10:00am The Economic Development Training, and Employment Committee will conduct a public meeting to continue discussions on planning events in Cambridge for the month of July. (Cambridge YMCA, Durrell Hall, 2nd Floor, 820 Massachusetts Avenue)
Wed, May 19
5:00pm The Claims Committee will conduct a public hearing to consider claims filed against the city. (Ackermann Room)
6:30pm The Special Committee to Review the Method of Election of Mayor will conduct a public hearing to receive public testimony and to receive a report from the City Solicitor on whether a change could take place through a home rule petition and without a charter commission. (Sullivan Chamber)
Mon, May 24
4:00pm Presentation and reception for scholarship recipients (Sullivan Chamber)
5:00pm Special Presentation Go Green Business Awards (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)
Thurs, May 27
8:45am The Human Services Committee will conduct a public meeting to continue discussion on planning a Senior Town Meeting and to continue discussing space and programs relating to childcare programs and any other issue related to human service programs. (Ackermann Room)
6:00pm Roundtable Meeting with the Cambridge Health Alliance. Informal meeting with no public comment, at which time no votes will be taken. Meeting will not be televised. (Cambridge Hospital, 1493 Cambridge Street, Main Building, Board Room, 7th Floor)
Mon, June 7
5:30pm Roundtable Meeting on the Overview of Domestic Violence Prevention Initiative in Cambridge. Informal meeting with no public comment and no votes. Meeting will not be televised. (Sullivan Chamber)
Mon, June 14
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 21
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 28
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Aug 2
5:30pm Special City Council Meeting (Sullivan Chamber)
Mon, Sept 13
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 20
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 27
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 May 3, 2004
COUNCILLOR DAVIS
ORDERED: The City Manager be ande hereby is requested to convene a meeting with the School Department regarding green building practices related to school buildings with the idea in mind of upgrading for optimal energy efficiency in addition to considering rooftops such as that at the King School building for solar photo voltaics.
O-2 May 3, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to report to the City Council on the policy regarding the use of seat belts in taxi cabs.
O-3 May 3, 2004
COUNCILLOR SIMMONS
ORDERED: The Human Services Committee be and hereby is requested to conduct a public meeting in the evening to discuss the living wage as it relates to child care workers.
O-4 May 3, 2004
COUNCILLOR DAVIS
WHEREAS: About half of all residents’ trash is recyclable according to a recent survey; now therefore be
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on providing larger recycle containers to reflect the portion of trash that is recyclable.
O-5 May 3, 2004
COUNCILLOR GALLUCCIO
WHEREAS: Cambridge has a legal responsibility to provide certified exploratory, technical education to its public school students; and
WHEREAS: A decertification of such a program would result in losses of large numbers of Cambridge students to outside technical programs; and
WHEREAS: Such a decertification would also have major cost implications to the City of Cambridge; and
WHEREAS: The City Council has a legal obligation to approve the School Committee’s annual budget such that it is necessary and appropriate for the City Council to receive an update on such a matter; now therefore be it
ORDERED: That the City Council request the School Committee to request the School Department to provide an update for the City Council on the status of the Rindge School of Technical Arts (RSTA) including, but not limited to, the status of state review, the appointment of a permanent direction and an update on the overall program; and be it further
ORDERED: That the School Committee be requested to provide this report as soon as possible.
O-6 May 3, 2004
COUNCILLOR GALLUCCIO
ORDERED: The City Manager be and hereby is requested to confer with the Assistant City Manager for Human Services to provide a report from the Workforce Development Division on the number of Cambridge residents who are currently enrolled in union apprentice programs in any of the building trades, said report to be provided at a regular business meeting of the City Council within one month.
O-7 May 3, 2004
COUNCILLOR TOOMEY
ORDERED: The policy order adopted on October 27, 2003 (Order Number 2) be amended to read as follows:
"That the corner of Hardwick and Berkshire Streets be designated as "Michael and Rose McDermott Square" and the Assistant to the City Council schedule a dedication ceremony, after consultation with the family and arrange for a suitable sign.
O-8 May 3, 2004
COUNCILLOR DAVIS
ORDERED: That the City Council go on record in support of H-4535, The Computer Take Back Bill regarding Cathode Ray Tubes (CRT’s); and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge State delegation on behalf of the entire City Council.
O-9 May 3, 2004
COUNCILLOR MURPHY
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the
City Solicitor to provide the City Council with a legal opinion as to whether
the City Clerk may exercise discretion to continue the practice of relying of
affidavits from the applicants rather than requiring evidence of residency in
marriage intentions.
O-10 May 3, 2004
COUNCILLOR GALLUCCIO
COUNCILLOR REEVES
ORDERED: That the the public hearings of the special committee to review the
method of the election of the Mayor be advertised and televised in the same
manner as the public hearings.
O-11 May 3, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to direct the Office of
Cable TV to broadcast live and or tape the activities on May 16 and May 17,
2004.
TEXT OF COMMITTEE REPORTS
Committee Report #1
The Human Services and the Public Facilities, Art and Celebration Committees conducted a joint public meeting on Thursday, April 15, 2004 beginning at three o’clock and seven minutes P.M. in the Sullivan Chamber.
The purpose of the meeting was to discuss the issue of same sex marriages and preparation for May 17th and any other issues related to same sex marriages.
Present at the meeting were Councillor E. Denise Simmons, Chair of the Human Services Committee, Councillor Brian Murphy, Chair of the Public Facilities, Arts and Celebrations Committee, Councillor Kenneth E. Reeves, Councillor Henrietta Davis, Mayor Michael A. Sullivan, Robert W. Healy, City Manager, Donald Drisdell, City Solicitor, Mike Dugas and Carol Cheung, MIS, Calvin Lindsay and Dhonyale Jones, Municipal Cable, Harold Cox, Chief Public Health Officer, Garrett Simonsen, Chief of Staff to the Mayor, Dave Degou and Jack Albert, Police Department, Joe Johnson, Investigator/Outreach, Human Rights Commission, D. Margaret Drury, City Clerk and Donna P. Lopez, Deputy City Clerk. Also present were Arthur Lipkin, Lavender Alliance, 16 Chatham Street and Reverend Jory Agate, First Parish Unitarian Universalist Church.
Councillor Murphy opened the meeting and stated the purpose. Councillors Simmons and Murphy thought that it was a good idea to have a conversation about the operation of May 17th.
Councillor Murphy questioned Mr. Drisdell about Governor Romney’s Press Conference. Mr. Drisdell stated that the Governor would submit proposed legislation.
Councillor Murphy outlined the areas to be discussed:
Councillor Reeves inquired about the availability of premarital blood tests in Cambridge, the three-day waiting period and the waiver process.
Mr. Lipkin stated that security is also an issue.
Councillor Simmons asked the City Clerk about the same sex inquiries that have been received by the City Clerk’s Office. There have been a lot of inquiries about the procedure to file a Marriage Intention and the process to get married once the marriage license has been issued. There have also been a lot of inquiries from out of state residents stated City Clerk Drury. Councillor Reeves commented that out of state couples would be getting married in Provincetown. The clerk in Provincetown stated that his office does not investigate anyone. What is the process that Cambridge follows? Mr. Healy stated that a legal opinion was given to the town clerk in Provincetown and it is more detailed. City Clerk Drury responded that the same forms would be used. The opinion indicates it is reasonable to treat the same sex couples and the forms as usual. An affidavit might be required and it is targeted to out of state residents. The out of state applicants must sign the Intention and take an oath that there is no illegal impediment to the intended marriage. The Attorney General stated that there are thirty-eight states with DOMA laws. The Governor’s interpretation is that same sex marriages are not legal in any other states; only Massachusetts residents could get married. The authority rests with the Registry of Vital Statistics in Boston stated Ms. Drury. Mr. Drisdell stated that the city and town clerks must use the forms supplied by the Registry of Vital Statistics. Councillor Simmons asked what if the registrar does not supply the forms for same sex marriages. Mr. Drisdell stated that same sex couples should not be treated differently from heterosexual couples. Nothing changes the Goodridge decision. But if the registrar requires an Affidavit the city and town clerks would be obligated to use the affidavit.
Councillor Murphy questioned the regulatory authority. Does the CMR require changing the forms or is it in their discretion? Ms. Drury stated that she cannot find any CMR regulations. Councillor Simmons asked if no new forms are received from the Registrar could the current forms be modified. If the Attorney General does nothing and the Goodridge decision stands Mr. Drisdell stated that Ms. Drury could use the current forms and change them. Mr. Lipkin stated the Governor announced at the press conference that the forms were at the printer. The Registrar has been taking steps necessary for the city and town clerks to go forward, stated Mr. Drisdell. Is there expectation that the forms will be here for May 17th asked Councillor Simmons. Mr. Drisdell responded in the affirmative and the current forms could be changed. The committee next discussed the premarital blood test.
Councillor Simmons informed the committee that the Fenway Health Center has a special on premarital blood tests and she asked what is the Cambridge Health Alliance doing about the premarital blood tests. The Health Alliance is giving blood test for all, whether a patient or not, at cost. The Alliance is looking at how to provide information and to get the patients handled quickly and efficiently. Councillor Murphy asked about the turn around time for the blood test. He further stated that he wanted the Frequently Asked Questions about marriages on the Website. Mr. Cox responded that the blood tests are good for thirty days. Councillor Reeves asked if blood test are widely available. Premarital blood tests are routine.
Reverend Agate asked if there is an information sheet. Ms. Drury responded in the affirmative and there is information on the Website. There is an over the counter brochure from the Commonwealth Of Massachusetts stated Councillor Simmons. Mr. Dugas stated that the Website is maintained. Informational language has been provided containing all information. Councillor Murphy asked what is the turn around time to get information when the information is changed. The documents can be changed by the City Clerk’s Office stated Mr. Dugas. The committee next discussed court waivers.
Ms. Drury informed the committee that Probate Court costs less than District Court for waivers. The Court is not issuing waivers until May 17th. Proof is required that the applicant has filed their Marriage Intention. The Court has not decided how it is going to respond to this issue. What is the standard used to issue a waiver, asked Councillor Murphy. Good reason is the standard replied Ms. Drury. Three people a month are sent to court for a waiver from the City Clerk’s Office.
Reverend Agate asked if Cambridge is going to try to have a marriage on May 17th. Cambridge does not want to orchestrate a marriage stated Mr. Healy. There will be couples that will get married on May 17th stated Councillor Simmons. Councillor Murphy asked if it is possible to file an Intention on May 15th. The state is interpreting that the law is effective on May 17th. The City Council adopted an Order on April 12, 2004 that City Hall be opened at 12:01 A.M. on May 17th. Ms. Drury informed the committee that the union staff would not work overtime. There is a City Council meeting also scheduled for May 17th stated Councillor Murphy. Should the meeting be cancelled commented Councillor Murphy. A celebration is being planned. When should the celebration be held asked Councillor Murphy? Should there be extended hours for the City Clerk’s Office and consideration given to close City Hall early Fridays in the summer? The City Clerk would be present on May 17th stated Councillor Reeves. City Hall would be open. Celebrations would be happening all around the City. This is historic time to open City Hall for a couple of hours in keeping with the uniqueness of this event. Councillor Davis stated that if Cambridge is the only municipality opening the focus might not be good. Early in the morning is a better time to share this experience. Councillor Murphy asked what is involved with extending the hours. Mr. Healy responded custodians will be brought in to open the building. The City Clerk has outlined the unwillingness of the staff in her office to work overtime. The City would provide security. He felt that if the building was opened at 12:01 A.M. the building would have to be opened through the entire day of May 17th. Mr. Lipkin commented on same sex couples who have children. Councillor Reeves stated that publications such as Bay Windows and In News Weekly have been counting down the days to May 17th. He stated that he did not see the need to remain open all night on May 17th. Councillor Simmons suggested opening at 5:17 A.M. on May 17th. This would be highlighting the historical significance of this event. If Cambridge is the only city opened at this time there will be a crowd. Reverend Agate felt that if it were published people would come to file their Intentions during the published hours. This is a powerful statement to implement the law. Security is an issue. This is like the first moment of freedom stated Councillor Reeves. People are expecting to celebrate. He would not want to be on duty until 5:00 A. M. Ms. Drury stated that some city employees have volunteered to help. Councillor Simmons asked about the May 17th and 18th. Mr. Healy stated that the City would be opened normal business hours. Reverend Agate suggested having a table staffed by the Clergy on May 17th providing information that this is a community that loves and embraces all. People from her congregation went to San Francisco to watch and celebrate. Councillor Simmons suggested that there should be informational tables on May 15th. If the weather is nice tables could be outside, but security needed to be considered.
Councillor Simmons asked what is May 17th going to look like. Mr. Healy stated that if City Hall is opened at 12:01 A. M. on May 17th there is no sense in closing in a couple of hours. Ms. Drury informed the committee that Worcester is the only other city or town that will be opened at 12:01 A.M.. She informed the committee that if there is a line of same sex couples to file their Intention she would not be able to handle this by herself. It is hard to gauge the crowd stated Councillor Reeves. There will be interested parties as well as applicants commented Councillor Davis. Filing the Intention does not have the same significance as getting married stated Councillor Murphy. This is a historic and exciting time. Councillor Davis stated that people should be allowed into City Hall before 12:01 A.M. so that they can be ready to file their Intentions at 12:01 A.M. Mr. Healy stated that Ms. Drury, the Police and the custodians will be at City Hall at 12:01 A.M. He does not want the doors opened before 12:01 A.M. for the public. Reverend Agate suggested that the City wait and see if other cities and towns would be opened early. If there are other locations opened early there would be more places for people to file their Intention. Councillor Reeves suggested opening at 11:00 on Sunday night. Having a celebration in the Chamber with a count down to 12:01 A.M. and then begin the Application process. Mr. Healy expressed his concern that there would be a stampede from the chamber to fill their Intention. His in not opposed to the celebration. He is concerned about who gets to be the first to file their Intention. Mr. Lipkin suggested using numbers for the Intention applicants. Mr. Healy questioned what would happen on May 20th. Ms Drury stated that the two Justices of the Peace in the City Clerk’s Office are planning to schedule four appointments per hour to perform weddings. May 3rd would be the first day that wedding appointments would be made for the week of May 17th and May 24th. The office has a listing of other Justices of the Peace and their telephone numbers. Councillor Reeves suggested that Ms. Drury contact Vermont about their experience on the first day that civil unions were filed. Reverend Agate felt that May 17th would not be as crazy as San Francisco. Decisions will be more concrete as May 17th approaches.
Mr. Healy stated that the pre-midnight celebration puts a different slant on things. Mr. Simonsen informed the committee that the group Freedom to Marry is having parties two days before May 17th. Mr. Lipkin stated that it is a possibility to have the celebration at the Senior Center, but numbers needed to be issued. Councillor Murphy mentioned the press. Mr. Healy stated that the City can adapt, but he needs to plan so that it is orderly. He stated that he would prefer that the Chamber be used for the celebration.
Councillor Murphy discussed security and protestors. If there are protestors Mr. Healy stated that 3-11 shift in the Police Department would be held over. The City would have a better sense about May 17th in two weeks stated Councillor Simmons. Mr. Healy stated that in two weeks he wants the plans to be firm so that he could make the required arrangements. Councillor Simmons asked how would protestors be separated. Superintendent Degou stated barriers would be provided. Mayor Sullivan suggested that the applicants gather outside and get numbers when the applicants come into City Hall. Mr. Johnson suggested that the numbers and forms be distributed outside. Ms. Drury stated that she would like to use the Chamber during the day for the applicants to fill out their Intentions. Mr. Healy informed the committee that an interior/exterior plan would be established. Mr. Johnson spoke about access for the handicapped. Mayor Sullivan suggest that the Police Department do an "86" around City Hall. Superintendent Degou stated that officers could be assigned to City Hall.
Councillor Murphy stated that the process of using numbers needed to be clarified. He wanted the information to be publicized by the Public Information Officer. Municipal Cable and MIS. Councillor Murphy asked Ms. Drury if she has received calls form the press. Ms. Drury responded in the affirmative. Mayor Sullivan suggested an RSVP on the Website to get an idea of how many applicants would be coming to Cambridge at 12:01 A.M. to file their Intentions. Mr. Simonsen suggested looking at the hits on the Website. Mr. Healy stated he would look at the Website.
Councillor Simmons stated that she wanted a subcommittee to look at the logistics and report back to the joint meeting to be held on April 29, 2004.
Councillor Simmons thanked all attendees.
The meeting was adjourned at four o’clock and twenty–four minutes P.M.
For the Committee,
Councillor E. Denise Simmons, Chair
Human Services Committee
Councillor Brian Murphy, Chair
Public Facilities, Art and Celebration Committee
Committee Report #2
The Human Services Committee and the Public Facilities, Art and Celebration
Committees conducted a joint public meeting on April 29, 2004 beginning at three
o’clock and ten minutes P.M. in the Sullivan Chamber
The purpose of the meeting was to discuss the issue of same sex marriages and preparation for May 17th and any other issues related to same sex marriages.
Present at the meeting were Councillor Brian Murphy, Chair of the Public Facilities, Arts and Celebrations Committee, Councillor E. Denise Simmons, Chair of the Human Services Committee, Councillor Henrietta Davis, Councillor David P. Maher, Mayor Michael A. Sullivan, Robert W. Healy, City Manager, D. Margaret Drury, City Clerk, Sandra Albano, Assistant to the City Council, Donald Drisdell, City Solicitor, Dave Degou, Police Department, Carol Cheung, MIS. Garrett Simonsen, Chief of Staff, Mayor’s Office, Joe Johnson, Investigator/Outreach, Human Rights Commission and Donna P. Lopez, Deputy City Clerk. Also present were Arthur Lipkin and Sue Hyde, Lavender Alliance, Reverend Jory Agate, First Parish Unitarian Universalist Church, Jennifer Hess, 14 Rockwell Street, Debbie Lewis, 37 Putnam Avenue, Joyce Kauffman, 3 Yerxa Road, Johanna Schulman, 28 Hadley Street, and Lisa J. Drapkin, 37 Putnam Avenue.
Councillor Murphy opened the meeting and stated the purpose. He requested an update from the City Manager.
City Manager Healy stated that he has held meetings to discuss the logistics and security (Attachment A). There is no way to anticipate the amount of people who will come to file their intention or to join the celebration of this historic event. He anticipates that there will be a line. Interior stanchions would be used to funnel the crowd to the right on the stairs. The City Clerk’s office would have a table at the front door and would dispense numbers. Applicants who will file their intentions would be on the right side; well-wishers would be on the left. Pre-midnight activities would be held on the second floor in the Sullivan Chamber with music, light refreshments and speeches. The Police, both uniformed and plain clothes officers, would be stationed inside and outside the building. The City is anticipating protestors. He has declared the area across Massachusetts Avenue as a First Amendment Area. Barricades in the curb line would be placed on both sides of Massachusetts Avenue. The rear door needed to be staffed and would be opened for persons with disabilities. He distributed an opinion from the City Solicitor about opening the building (Attachment B). The City Clerk’s office will be opened for the sole purpose of filing intentions for same sex marriages. The applicants and protestors would be kept separated. At midnight numbers would be called. Groups of five applicants would fill out their intention. A sound system would be used. Applicants would be directed to the ground floor to file their intentions. Media parking has been addressed.
Media parking will be restricted to both sides of Bigelow Street, Dottie Doyle Way and one side of Inman Street from Dottie Doyle Way. He recommended not using the City Hall lawn because of the slope of the lawn and the lighting. There will not be any effort to control who the media will interview. Interviews would be up to the individual applicants. There is no capacity for a media pool. Celebration would be the jurisdiction of the Mayor. Mt. Auburn and the Cambridge Health Alliance are doing blood tests. A medical vehicle would be on site if needed. He asked the City Clerk to provide an update on preparation for May 17th.
City Clerk Drury distributed a document entitled “Planning for May 17th” (Attachment C) and stated that numbers would be given to applicants as they enter the front door of City Hall on their way to the celebration. Applicants would be directed to the ground floor at midnight. The Intentions to Marriage Form would be filled out and checked. The $15.00 would be collected. A marriage card with the date that the license could be picked up will be given to the applicants.
Mr. Healy stated that he hopes this procedure would go smoothly. If there is a crowd the staff would continue to accept and process Marriage Intentions. Numbers will cease to be issued at two o’clock a.m. if the crowd is not large.
In response to a question about his opinion, Mr. Drisdell stated that he advised Mr. Healy that he has the authority to open the building at midnight for a specific purpose and has the authority to exclude other members from the public from entering the building. Public Works and Police personnel will be available as needed at 8:30 A.M. stated Mr. Healy. Officer Degou stated that the police would be flexible and adaptable. Councillor Murphy suggested that the Police Department should contact state police for their experience with the Constitutional Convention.
Councillor Davis asked if the media trucks could be kept on Massachusetts Avenue and off of the residential streets. There are four parking spaces in front of 831 Massachusetts Avenue stated Mr. Healy. He did not want the media trucks in front of City Hall or in front of the Post Office.
A discussion occurred about the method to give out numbers. Councillor Davis suggested a random draw versus numbers given out sequentially. Reverend Agate asked what is wrong with standing in line. Ms. Schulman stated standing in lines does not have a celebratory nature. She suggested alleviating the line. Ms. Kauffman stated that the random draw is silly. People will wait in line.
Councillor Murphy commented that there is a security issue if the line lasts twenty-four hours. There will be sufficient police to deal with the crowd stated Mr. Healy.
A question was asked when the current information would be posted on the Web Site. Mr. Healy responded that when the committee report is filed and adopted by the full City Council the Web Site would be updated.
A discussion occurred about blood test results. Could the results be rushed so that they could not be preventing a wedding? A suggestion was made to discuss with 1369 and Starbucks to stay open late and participate in the celebration. Restrooms would be needed. The restrooms in City Hall could be used. Councillor Simmons suggested that businesses in Central Square should be made aware of the increased activity on May 17th.
Ms. Kauffman asked if anything is being done for filing the Marriage Without Delay (Waiver). She volunteered to bring these forms to City Hall with the instructions to make it easier for the applicants who would be going to the court to obtain a waiver. Both applicants need to go to court for a waiver. Waivers could be obtained at the Probate and Family Court. Ms. Kauffman would check with the court to see if there is a link to the forms. The court will issue waivers.
Reverend Agate suggested bringing in members of the clergy to perform marriages. Mayor Sullivan suggested doing a query to find clergy to perform a marriage on May 17th at other sites. Ms. Kauffman commented that the earliest a marriage ceremony could take place was around 10:30 A.M. on May 17th.
Mayor Sullivan raised the issue of capacity for City Hall. Mr. Healy stated that he was check on the capacity of the building. The balcony will be open.
Ms. Hyde informed the committee that Provincetown is reconsidering opening early. Ms. Schulman asked if the Intention Form was on the Web Site. Ms. Drury responded in the negative.
Mr. Lipkin asked about the decision to open at ll:00 P.M. instead of 10:00 P.M. It was agreed to open the doors at 10:30 p.m.
Ms Hyde asked about Domestic Partnership who comes to apply for an Intention to be Married. Domestic Partnership is not a legal impediment to marriage stated Ms. Drury. Councillor Murphy asked about the process for out of state residents. More information would be available after attending the state training stated Ms. Drury. DOMA states, she thinks, will be restricted. Ms. Hyde stated that persons who were married in Canada cannot be married again. Reverend Agate informed the committee that First Parish would be holding workshops to explore all possibilities for same sex couples. Mr. Lipkin stated that if a person entered into a civil union in Vermont they could marry in Cambridge as long as the marriage and civil union was between the same couple. However, a marriage could not be solemnized in Massachusetts if there was not dissolution of the civil union in Vermont.
Councillors Murphy and Simmons thanked the Public Works, Police Department, Law Department, City Clerk and Robert W. Healy for their work on this matter.
Ms. Drapkin stated that she was proud to live in Cambridge.
In conclusion it was recommended as follows:
The committee discussed the pre-midnight celebration. The celebration would consist of light refreshments, music and speeches. The program is a mayoral jurisdiction. Councillor Simmons encouraged recommendations from the attendees. Ms. Albano would print a program after input from Mr. Lipkin. Community input in the celebration is important stated Councillor Simmons. Ms. Hyde stated that she has volunteers who would serve as ushers. She would provide Ms. Albano with names of the ushers.
The committee scheduled the next meeting for May 13, 2004 at 1:00 P.M.
Councillors Simmons and Murphy thanked all attendees.
The meeting adjourned at four o’clock and twenty-five minutes P.M.
For the Committee,
Councillor E. Denise Simmons, Chair Human Services Committee
Councillor Brian Murphy, Chair Public Facilities, Art and Celebrations Committee