May 5, 2003 Cambridge City Council meeting - AGENDA (amended)

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Constables for a term of three years, effective the first day of January, 2003:
Without Power
Anthony Rizzuto, 34 Line Street, Somerville, MA 02143
Albert Man, 156 Newbury Avenue, Quincy, MA 02171
With Power
Laurence P. Maguire, 40 Longfellow Street, Dorchester, MA 02122

2. Transmitting communication from Robert W. Healy, City Manager, relative to a vote to designate the members of the Cambridge Retirement Board as "special municipal employees" pursuant to the state conflict of interest law, G.L. c. 268A.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-43, regarding the feasibility of televising Planning Board hearings and incorporating television broadcast equipment and capacity into the new building at 57 Inman Street.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $304,000 from the Employee Benefits Salaries & Wages Account (Salary Adjustment) to the Public Works Other Ordinary Maintenance Account to provide funds to cover snow plowing contractors and salt and other supply costs incurred during the snowstorm of February 17-18, 2003.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-45, regarding a report on the installation of a shelter at the bus stop on Brookline Street.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 03-38, regarding a report on plan to enhance bus stops with benches and shelters, particularly around City-owned properties.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $120,000 from the Police Salaries & Wages Account to the Police Travel & Training Account to provide funds for additional workers' compensation medical payments ($78,000) as well as costs associated with the nine recruits who will be attending the police academy including tuition costs ($27,000) and medical evaluations ($15,000).

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, relative to a Landmark Designation Study Report for Shady Hill Square. 1-11 Shady Hill Square, 36 Holden Street.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.

3. Request the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.

4. Requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.

5. Requesting the City Manager to direct the City Solicitor to draft a home rule petition to enable the City Manager to approve curb cuts.

UNFINISHED BUSINESS
6. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.

7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on January 15, 2003 for the purpose of further consideration of a proposed amendment to the Smoking Ordinance to ban smoking in bars and restaurants. The question comes on ordination on or after February 24, 2003.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the Disposition Report for Trolley Square, prepared by the Community Development.

APPLICATION AND PETITIONS
1. An application was received from Bob Slate Stationers, requesting permission for a sign at the premises numbered 1288 Massachusetts Avenue. Approval has been received from Inspectional Services, Community Development Department and abutters.

2. An application was received from Dr. J. R. Fennell, requesting a curb cut at the premises numbered 47 Bishop Allen Drive; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works with conditions. Four neighborhood association letters were sent. No neighborhood response received.

COMMUNICATIONS
1. A communication was received from Carolyn Shipley, regarding Neighborhood Council Budgets.

2. A communication was received from Department of Telecommunications and Energy, regarding the petition of Cambridge Electric Light Company and Commonwealth Electric Company, d/b/a NSTAR Electric, requesting approval of its Transition Charge Reconciliation filing, together with proposed Transition Charges for Cambridge Electric Light Company and Commonwealth Electric Company, pursuant to G.L. c. 164s1A(a) and 220 C.M.R. s11.03(4)(e).

3. A communication was received from Lawrence Field, et al., transmitting support for the tree ordinance.

4. A communication was received from Michael Brandon and Craig Kelley, regarding Trolley Square.

RESOLUTIONS
1. Extending congratulations to John Connarton, Jr. as he graduates from the MBTA Police Academy.
Mayor Sullivan

2. Happy 40th Birthday wishes to Allen Price.
Mayor Sullivan

3. Extending wishes to the Fitzgerald Pre-School on the production of Three Little Pigs.
Mayor Sullivan

4. Extending wishes for a very fun Bridges Alight, which will take place on Fri, May 2, 2003 from 7:00pm - 9:00pm at the Weeks and Anderson Bridges along the Charles River in Cambridge.
Mayor Sullivan

5. Proclaiming Sat, Oct 25, 2003, as Make a Difference Day in the City of Cambridge, Massachusetts, and urge all Cantabrigians to observe this day.
Mayor Sullivan

6. Extending wishes for a enjoyable evening on Thurs, May 15, 2003 from 6:00pm - 8:00pm at the Chilton House.
Mayor Sullivan

7. Extending congratulations to Middlesex Partnerships for Youth, Inc. as it celebrates its 15th Anniversary and wish the program continued success.
Mayor Sullivan

8. Extending congratulations to the Fleet Bank of Harvard Square as it celebrates its grand-reopening.
Mayor Sullivan

9. Extending congratulations to WHERE Magazine on the occasion of its 16th Annual Silver Plume Award ceremony.
Mayor Sullivan

10. Resolution on the death of Jean Marie F. Cusack.
Councillor Galluccio, Mayor Sullivan

11. Expressing best wishes to the parish of Saint Anthony on the occasion of the "Senhor Santo dos Cristo" procession and Mass and urging all Cantabrigians to be cognizant of this wonderful and traditional occasion.
Councillor Toomey

12. Resolution on the death of Martin Henry Maher.
Councillor Maher

13. Congratulating and wishing Jim DiPaolo a Happy 50th Birthday.
Councillor Toomey

14. Extending thanks and appreciation to the Blue Note and Studio 180 consultants who have worked with the City Clerks Office, City Manager's Office and MIS to develop the new system for making the City Council agenda available and searchable on the City of Cambridge website.
Councillor Decker

15. Expressing congratulations and best wishes to the Masonic Brethren of the Grand Lodge of Massachusetts and the Prince Hall Grand Lodge upon the momentous occasion of the Masonic Recognition Day Celebration on May 10, 2003 at the gravesites of Paul Revere and Prince Hall.
Councillor Simmons

16. Best wishes to Sara Kenney for a speedy recovery.
Vice Mayor Davis

17. Congratulating Ann Marie and Brad on the Birth of Keegan Joseph Harkavy.
Vice Mayor Davis

18. Congratulating Debbie and Hector on the birth of their son and welcoming Hector, Jr.
Vice Mayor Davis

19. Extending best wishes to the Cambridge Performance Project and the Kennedy Community School on presenting their Spring Moves Annual Showcase. 
Mayor Sullivan and entire membership.

20. Extending a sincere thanks to Tera Chung for her continued participation, commitment and dedication to the Section 8 Program. 
Mayor Sullivan and entire membership.

21. Extending congratulations to Frantz Edouard on being the Cambridge Housing Authority's featured employee for the month of May 2003. 
Mayor Sullivan and entire membership.

22. Extending its congratulations to CASCAP in being chosen to receive this prestigious Preservation Award. 
Mayor Sullivan and entire membership.

23. Congratulating Mari Black on being chosen to participate in the 2003 Bacardi Fallon Performing Arts Competition. 
Mayor Sullivan and entire membership.

24. Congratulating Margaret Atwood as she receives the prestigious Radcliffe Medal and wish her continued literary success. 
Mayor Sullivan and entire membership.

25. Congratulating the 2003 Cambridge Scholarship Fund recipients and extend its best wishes to them. 
Mayor Sullivan and entire membership.

26. Extending its heartiest congratulations and best wishes to John and Susanne Collins on the occasion of their Thirtieth Wedding Anniversary. 
Mayor Sullivan and entire membership.

27. Extending congratulations to the winners of the Outstanding City Employee Awards. 
Mayor Sullivan and entire membership.

28. Congratulating Patrick J. Murphy on passing the Massachusetts Bar Exam. 
Mayor Sullivan and entire membership.

29. Resolution on the death of Lynette Collins. 
Councillor Galluccio and entire membership.

30. Resolution on the death of Clarice B. Dooley. 
Councillor Galluccio and entire membership.

31. Resolution on the death of Nora Costello. 
Councillor Galluccio, Mayor Sullivan and entire membership.

32. Resolution on the death of Carl A. Ikels. 
Mayor Sullivan and entire membership.

33. Resolution on the death of James D'Angelo. 
Mayor Sullivan and entire membership.

34. Resolution on the death of Eva Archibald Storm. 
Mayor Sullivan and entire membership.

35. Congratulating John Boyle on the occasion of his appointment to the Cambridge Police Department. 
Councillor Toomey, Vice Mayor Davis and entire membership.

36. Happy 80th Birthday to Paul Mahoney, Sr. 
Councillor Maher and entire membership.

37. Congratulating Johnnie Robinson, Jr. on attaining his degree in business from the University of Massachusetts. 
Councillor Simmons and entire membership.

38. Best wishes to Mrs. Arline Robinson and encouraging her to maintain her strength and perseverance. 
Councillor Simmons and entire membership.

39. Extending best wishes to Waneda Ward as she celebrates her retirement with family and friends. 
Councillor Simmons and entire membership.

ORDERS
1. Requesting the City Manager to present to the Council a plan for the immediate and long-range prognosis on the availability of graves at the Cambridge Cemetery.
Councillor Reeves.

2. Schedule a City Council Roundtable to discuss the annual Public Health Assessment for Cambridge.
Vice Mayor Davis.

3. Meeting of Mon, Oct 6, 2003 be and hereby is cancelled in observance of Yom Kippur.
Vice Mayor Davis.

4. Requesting the City Manager to provide the City Council with a list of organizations and agencies that have affordable housing lists.
Councillor Murphy.

5. Requesting the City Manager to report back to the City Council on the status of parking around the Fletcher Maynard Academy.
Councillor Simmons.

6. Requesting the City Manager to confer with the Assistant City Manager for Community Development to provide the City Council with an inventory of affordable housing in Cambridge.
Councillor Simmons.

7. Support of the Massachusetts Beverage Container Deposit Law and encourages its strengthening through expanding the list as recommended by the Governor in his proposed budget item "Outside Section 124."
Councillor Murphy, Vice Mayor Davis, Mayor Sullivan and Councillor Simmons.

8. Go on record petitioning the Commonwealth of Massachusetts General Court to enact the following home rule petition entitled An Act to Enable Certain Non-Citizen Residents To Vote In Cambridge School Committee Elections and City Council Elections.
Councillor Decker.

9. Requesting the City Manager to confer with the Animal Commission to report back to the City Council on the restrictions for dogs at school playgrounds throughout the city.
Mayor Sullivan and entire membership.

10. Requesting the City Manager to confer with the Cambridge Police Department and the Galleria Mall Police force to increase security measures.
Councillor Toomey and entire membership.

11. Establish a Sister City relationship with Santo Domingo Oeste.
Councillor Galluccio and entire membership.

HEARING SCHEDULE
Mon, May 5
5:00pm   Special Presentation to Marsha Cannon (Sullivan Chamber)
5:30pm   City Council Meeting (Sullivan Chamber)

Wed, May 7
4:30pm   The Ordinance Committee will a public hearing to consider a proposed tree protection ordinance. (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public hearing to consider proposed amendment to Section 19.33 of the Zoning Ordinance to include outdoor light pollution in the design review of proposed developments. This meeting to be televised. (Sullivan Chamber)

Mon, May 12
4:00pm   Presentation and reception for scholarship recipients (Sullivan Chamber)
5:30pm   City Council Meeting (Sullivan Chamber)

Wed, May 14
8:00am   The Human Services Committee will hold a public meeting to discuss what will happen to the after-school programs in the schools that are closing. (Ackermann Room)
4:30pm   The Ordinance Committee will conduct a public working meeting to continue discussion of the proposed amendment to the Smoking Ordinance with the City's health and economic development professionals. No public comment. (Sullivan Chamber)

Mon, May 19
5:30pm   Roundtable Meeting - Informal discussion of Town/Gown issues with the Planning Board with no public comment, at which time no votes will be taken. Meeting will not be televised. (Sullivan Chamber)

Tues, May 20
10:00am   The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (Sullivan Chamber)

Wed, May 21
3:30pm   The Economic Development, Training and Employment Committee will continue to discuss the “Buy Cambridge Initiative” and any other matters that comes before the Committee. (Ackermann Room)

Thurs, May 22
10:00am   The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (Sullivan Chamber)

Tues, May 27
6:00pm   The Finance Committee will conduct a public meeting to discuss the FY04 School Department Budget. (Sullivan Chamber)

Fri, May 30
1:00pm   The University Relations Committee will hold a public working meeting with members of the School Committee and representatives of Cambridge universities to discuss opportunities for collaboration and cooperation in the areas of education. (Sullivan Chamber)

Mon, June 2
5:00pm   Special Presentation - Go Green Business Awards (Sullivan Chamber)
5:30pm   City Council Meeting (Sullivan Chamber)

Wed, June 4
10:00am   The Finance Committee will conduct a public meeting to discuss the FY04 City Budget. (if necessary) (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     May 5, 2003
COUNCILLOR REEVES
ORDERED: That the City Manager present the City Council a plan for the immediate and long-range prognosis on the availability of graves at the Cambridge Cemetery. What plan, if any exists for citing a new Cemetery or expansion of the existing cemetery.

O-2     May 5, 2003
VICE MAYOR DAVIS
ORDERED: That the Mayor be and hereby is requested to schedule a City Council Roundtable to discuss the annual Public Health Assessment for Cambridge.

O-3     May 5, 2003
VICE MAYOR DAVIS
ORDERED: That the City Council meeting of Mon, Oct 6, 2003 be and hereby is cancelled in observance of Yom Kippur.

O-4     May 5, 2003
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to provide the City Council with a list of organizations and agencies that have affordable housing lists.

O-5     May 5, 2003
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of parking around the Fletcher Maynard Academy.

O-6     May 5, 2003
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development to provide the City Council with an inventory of affordable housing in Cambridge.

O-7     May 5, 2003
COUNCILLOR MURPHY
VICE MAYOR DAVIS
MAYOR SULLIVAN
COUNCILLOR SIMMONS
WHEREAS: The Massachusetts Bottle Bill, enacted in 1982, has allowed Cambridge residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and
WHEREAS: States with deposit laws have higher participation rate in residential recycling than those of non-deposit states, and;
WHEREAS: Litter decrease in states with Bottle Bills averages 70-85%; and
WHEREAS: Through the Massachusetts Bottle Bill, we recycle nearly 80% of containers compared to only 30% in states without similar legislation, and;
WHEREAS: The Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, juices, and teas, and;
WHEREAS: Unclaimed deposits have been used for the state's Clean Environment Fund, resulting in greatly increasing public participation in recycling efforts; now therefore be it
RESOLVED: That we, the members of the Cambridge City Council commemorate the 20th Anniversary of the implementation of the Massachusetts Bottle Bill; and be it further
RESOLVED: The City be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages its strengthening through expanding the list as recommended by the Governor in his proposed budget item "Outside Section 124"; and
RESOLVED: That the City Council goes on record in supporting maintaining the Clean Environment Fund, and other programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs; and be it further
RESOLVED: That the City request our state representatives and state senators, and our Governor to support and vote in favor of Updating the Massachusetts Container Beverage Law.

O-8     May 5, 2003
COUNCILLOR DECKER
WHEREAS: Parents' involvement in their children’s education is critical to student academic achievement and
WHEREAS: Immigrant families have educational concerns regarding language and culture; and
WHEREAS: Policies related to diversity and English language learning programs, among other educational policies, are the purview of the Cambridge School Committee and
WHEREAS: Immigrant families constitute a sizable percentage of working families in the City of Cambridge and
WHEREAS: Residents of the City of Cambridge, regardless of their citizenship status, complete an annual City Census which is the basis for determining the local voting rolls, and
WHEREAS: The Campaign for Immigrant Voting Rights garnered majority support from the Cambridge School Committee and the Cambridge City Council in the year 2000 and additional support for school principals and parents’ councils and
WHEREAS: The Campaign for Immigrant Voting Rights filed a home-rule petition two years ago that will allow non-citizens in the city of Cambridge to vote in School Committee elections; and
WHEREAS: Five municipalities in the state of Maryland have extended the rights to vote for local offices to non-citizens; the cities of Chicago and New York to non-citizen voting in school board elections, and various European cities, such as Dublin, also permit non-citizen voting and
WHEREAS: The cities of Chelsea, Somerville and Amherst are also pursuing home-rule petitions granting resident non-citizens the right to vote; now therefore be it
RESOLVED: That the Cambridge City of Council go on record petitioning the Commonwealth of Massachusetts General Court to enact the following home rule petition entitled

AN ACT TO ENABLE CERTAIN NON-CITIZEN RESIDENTS OF CAMBRIDGE TO VOTE IN SCHOOL COMMITTEE AND CITY COUNCIL ELECTIONS.
Section 1.
Notwithstanding the provisions of section one of chapter fifty-one of the general laws, or any other general or special law, rule or regulation to the contrary, non-citizens eighteen years or older who reside in the city of Cambridge may, upon application, have their names entered on a list of voters, established by the Elections Commission, for the city of Cambridge and may thereafter vote in any election for school committee members and school committee questions and City Council. Such non-citizen members shall remain eligible to vote in school committee elections for so long as they remain domiciled in Cambridge. 

Section 2.
The Election Commission of Cambridge is authorized to formulate regulations, guidelines and registration form to implement the purpose of this act. The voter registration forms shall include a declaration to be signed under pains and penalties of perjury by the non-citizen voter that: 1) s/he is residing in Cambridge; 2) s/he intends in good faith to become a U.S. citizen and intends to begin that process, if eligible.

Section 3.
Nothing in this act shall be construed to confer upon non-citizens the right to vote for any city council, state or federal office or any state or federal ballot questions.

O-9        May 5, 2003 
MAYOR SULLIVAN 

WHEREAS: As a result of the recent incident of a student having been bitten by a dog during recess at the Harrington School playground; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Animal Commission to report back to the City Council on the restrictions for dogs at school playgrounds throughout the city.

O-10        May 5, 2003 
COUNCILLOR TOOMEY 
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Police Department and the Galleria Mall Police force to increase security measures around the Galleria Mall during the warmer weather.

O-11        May 5, 2003 
COUNCILLOR GALLUCCIO 
WHEREAS: Members of the Cambridge City Council met today with Mayor Francisco Pena of Santo Domingo Oeste and his delegation; and
WHEREAS: Santo Domingo, the Capital of the Dominican Republic, has recently been divided into quadrants in order to facilitate better management of the Capital City; and
WHEREAS: The Latino population is the fastest growing population in this country; and
WHEREAS: This City Council has urged a greater focus on humanitarian aid around the world; and
WHEREAS: Mayor Pena and his delegation have expressed a strong interest in establishing a strong relationship with Cambridge in an effort to offer a cooperative exchange of economic, municipal management, public policy and cultural ideas; and
WHEREAS: Mayor Pena expressed a specific interest in areas of trash collection and recycling as well as traffic planning and management, municipal taxation issues and overall urban planning; and
WHEREAS: The Cambridge City Council is extremely proud of its vibrant Latino population and the role Dominican immigrants have played in our community; now therefore be it
RESOLVED: That the City Council establish a sister city relationship with Santo Domingo Oeste.

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