Cambridge City Council meeting - May 7, 2007 - AGENDA
[Reeves was ABSENT from this meeting]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $309,500 from Free Cash to the General Fund Finance Department (Assessing) Other Ordinary Maintenance account to provide additional funds for technical and professional legal fees, as requested by the Director of Assessment.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $73,135 from General Fund Employee Benefits (salary adjustment) Salary and Wages account to the General Fund Election Other Ordinary Maintenance account to cover the cost of a special election primary to be held on May 29, 2007 and a special general election to be held on June 26, 2007 to fill the State Senate seat for the First Suffolk and Middlesex District that was recently vacated.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant award from the Office of Commonwealth Development in the amount of $1,000,000 to the Public Investment Fund Public Works Extraordinary Expenditures account which will support the reconstruction of the large crosswalk in Harvard Square at the intersection of JFK Street, Brattle Street and adjacent to the MBTA Harvard Square T Station.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $18,000 from the Employee Benefits (salary adjustment) Salary and Wages account to the Veteran’s Travel and Training account ($17,000) to cover additional veteran benefits and medical costs through the end of the fiscal year and to the Veteran’s Other Ordinary Maintenance account ($1,000) to cover additional costs related to the Memorial Day Parade.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a loan order requesting the appropriation and authorization to borrow $600,000 to continue the Harvard Square Enhancements Project.  Passed to 2nd Reading

6. Transmitting communication from Robert W. Healy, City Manager, relative to a loan order requesting the appropriation and authorization to borrow $7,910,000 to continue sewer projects in the Harvard Square, Cherry Street/South Massachusetts Avenue, Cambridgeport, and Western Avenue areas of the City.  Passed to 2nd Reading

Agenda Item No. 6     May 7, 2007
ORDERED: That $7,910,000 is appropriated for the purpose of financing the design and construction of the following water pollution abatement projects:

Harvard Square – Phase IV
Construction of Stormwater Management and Sewer Separation Facilities along the JFK Pathway and park area in Harvard Square

Cherry Street/South Massachusetts Avenue
Construction of Sewer Separation and Stormwater Management Facilities, including the removal of common manholes in the area along the northern side of Massachusetts Avenue and Inman Street, the construction of a sewer separation and drainage system around City Hall, and the construction of other stormwater management infrastructure in Parking Lot 6 in the Bishop Allen/Columbia Street area

Cambridgeport
Construction of Sewer Separation and Stormwater Management Facilities in the Cambridgeport area, including the removal of common manholes primarily between Erie Street, Brookline Street, Massachusetts Avenue and Magazine Street

Western Avenue
Design of new drainage and sewerage systems in the Western Avenue area of the City between Memorial Drive and Central Square

including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $7,910,000 and issue bonds or notes therefor under G.L. c.44 and/or Chapter 29C of the General Laws or any other enabling authority; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the City Manager determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the City Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C or the Massachusetts Water Resources Authority and in connection therewith to enter into a loan agreement and/or a security agreement and/or financial assistance agreement with the Trust or the Authority and otherwise to contract with the Trust and the Authority and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the City Manager is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects.

7. 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 Jan, 2007: Patricia Breen

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-50, regarding a report on enforcing motorcycle noise.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-51, regarding a report on bicycle routes.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-42 and Council Orders Numbers 5 and 8 of Apr 30, 2007, regarding a Home Rule Petition providing benefits for employees who have been called to combat duty.

Agenda Item No. 10     May 7, 2007
ORDERED: That the City Council goes on record favoring the filing of the Home Rule Petition entitled: HOME RULE PETITION TO ENABLE THE CITY OF CAMBRIDGE TO PAY FULL SALARY AND BENEFITS TO CITY EMPLOYEES WHO ARE ASSIGNED TO A THEATER OF COMBAT OPERATIONS SUCH AS IRAQ OR AFGHANISTAN.

AN ACT TO ENABLE THE CITY OF CAMBRIDGE TO PAY FULL SALARY AND BENEFITS TO CITY EMPLOYEES WHO ARE ASSIGNED TO A THEATER OF COMBAT OPERATIONS SUCH AS IRAQ OR AFGHANISTAN

Notwithstanding the provisions of any general or special law to the contrary, an employee in the service of the City of Cambridge, including the Cambridge School Department, who has been granted a military leave of absence because the employee is a member of the army national guard, the air national guard, or a reserve component of the armed services called to active service in the armed forces of the United States after Sept 11, 2001, and who is assigned to a theater of combat operations such as Iraq or Afghanistan, shall be entitled to receive his/her regular base salary as such City of Cambridge employee for each pay period during such military leave of absence, without reduction by any amount received from the United States as pay or allowance for military service performed during this same pay period. An employee eligible under this section shall not lose any seniority or any accrued vacation leave, sick leave, or personal leave or retirement service credits as a result of such service.

SECTION 2. Notwithstanding any general or special law to the contrary, the City of Cambridge may expend in the current fiscal year associated costs incurred in prior fiscal years pursuant to this act.

SECTION 3. Notwithstanding any general or special law to the contrary, the City of Cambridge and the Cambridge School Department are authorized to provide up to five (5) calendar days of pre-deployment paid leave time to any employee in their service who has requested a military leave of absence because the employee is a member of the army national guard, the air national guard, or a reserve component of the armed services called to active service in the armed forces of the United States, and who is subject to deployment orders assigning the employee to a theater of combat operations such as Iraq or Afghanistan requiring that the employee be on military leave for 90 days or more. This pre-deployment leave will not count towards personal, sick, vacation or other leave time or be deducted from creditable service for retirement purposes.

CHARTER RIGHT
1. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007.]  Tabled - Davis

ON THE TABLE
2. Transmitting communication from Robert W. Healy, City Manager relative to Awaiting Report Item Number 06-06 of Feb 27, 2006, regarding a report on the legality of the banners in front of the Dunkin’ Donuts at 2480 Massachusetts Avenue and at other location in the City. [Placed on Table on the motion of Councillor Kelley on Feb 27, 2006.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny the Jitney License application of Star Shuttle, Inc. [Placed on Table City Manager Agenda Number Six of Nov 6, 2006 on the motion of Councillor Davis on Nov 6, 2006.]

4. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering the Historical Commission’s recommendation for the consolidation of the Half Crown and Marsh Neighborhood Conservation Districts. [Placed on Table Committee Report Number Two of Jan 22, 2007 on the motion of Mayor Reeves on Jan 22, 2007. On Feb 12, 2007 Agenda Item Number Eight was referred to the Ordinance Committee and Calendar Item Number Seven and Eight.]

5. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering the recommendations for changes to the Neighborhood Conservation District Ordinance and the Avon Hill Neighborhood Conservation District Order, submitted by the Avon Hill Neighborhood Conservation District Boundary Study Committee and endorsed by the Historical Commission. [Placed on Table Committee Report Number Three of Jan 22, 2007 on the motion of Councillor Sullivan on Jan 22, 2007. On Feb 12, 2007 Agenda Item Number Eight was referred to the Ordinance Committee and Calendar Item Number Seven and Eight.]

6. That the City Council go on record in opposition to House Bill 847 An Act to Streamline Chapter 91 License Applications and Coastal Planning. [Charter Right exercised by Councillor Sullivan on Order Number Sixteen of Mar 5, 2007. Placed on Table on motion of Councillor Davis on Mar 19, 2007.]

7. Opposition to the Urban Ring Phase II bus system unless the whole route is grade separated to ensure that the buses would not have to compete with general traffic. [Placed on Table Order Number Nineteen of Apr 9, 2007 on the motion of Councillor Davis on Apr 9, 2007. Councillor Kelley’s motion to take from Table Failed 3-6-0 on Apr 23, 2007.]

8. An application was received from Singh Raghbin, requesting a curb cut at the premises numbered 66 Dudley Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Response has been received from neighborhood association. [Placed on Table Applications and Petitions Number Four of Apr 23, 2007 on the motion of Councillor Davis on Apr 23, 2007.]

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

10. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on Feb 13, 2007 to consider proposed amendments to the Cambridge Municipal Ordinance Chapter 6 entitled Animal Control Regulations, to provide rules for off-leash areas. The question comes on passing to be ordained on or after Apr 23, 2007.

APPLICATIONS AND PETITIONS
1. An application was received from the Cambridge Arts Council, requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing the Cambridge River Festival.

COMMUNICATIONS
1. A communication was received from Peter B. Wilkins, regarding the Fresh Pond Medallion Program for Dogs.

2. A communication was received from Peter Valentine, transmitting information on acquiring a healthy planetary fuel supply.

3. A communication was received from Peter Valentine, regarding the planet.

4. A communication was received from Cambridgeport Neighborhood Association, Inc., regarding neighborhood opposition to setback reductions at 777 Memorial Drive.

5. A communication was received from Kevin Ryle, transmitting thanks to the City Council for the retirement resolution.

6. A communication was received from Representative William N. Brownsberger, transmitting thanks for letter regarding several resolutions recently adopted by the City Council.

7. A communication was received from Swanee Hunt, regarding the proposed restrictions on leaf blowers.

8. A communication was received from Raymond and Debra Miles, transmitting thanks for the resolution of sympathy honoring Carroll F. Miles.

9. A communication was received from Roy Bercaw, regarding the sanctuary city policy.

10. A communication was received from Roy Bercaw, regarding biotechnology.

RESOLUTIONS
1. Resolution on the death of Private First Class Jeffrey Avery.   Councillor Decker

2. Resolution on the death of Specialist Jerry King.   Councillor Decker

3. Resolution on the death of Private Michael Slater.   Councillor Decker

4. Resolution on the death of Lance Corporal Dale Peterson.   Councillor Decker

5. Resolution on the death of Specialist Michael Rodriguez.   Councillor Decker

6. Resolution on the death of Sergeant Michael Vaughan.   Councillor Decker

7. Resolution on the death of Private First Class Christopher North.   Councillor Decker

8. Resolution on the death of Corporal Michael Rojas.   Councillor Decker

9. Resolution on the death of Corporal Ray Bevel.   Councillor Decker

10. Resolution on the death of Sergeant Randell Marshall.   Councillor Decker

11. Resolution on the death of Lance Corporal Jeffrey Bishop.   Councillor Decker

12. Resolution on the death of Private First Class Garrett Knoll.   Councillor Decker

13. Resolution on the death of Sergeant William Bushnell.   Councillor Decker

14. Resolution on the death of Specialist Jeremy Maresh.   Councillor Decker

15. Resolution on the death of First Lieutenant Kevin Gaspers.   Councillor Decker

16. Resolution on the death of Staff Sergeant William Moore.   Councillor Decker

17. Resolution on the death of Corporal Wade Oglesby.   Councillor Decker

18. Resolution on the death of Staff Sergeant Kenneth Locker Jr.   Councillor Decker

19. Resolution on the death of Chief Warrant Officer Dwayne Moore.   Councillor Decker

20. Resolution on the death of Sergeant Brice Pearson.   Councillor Decker

21. Resolution on the death of Staff Sergeant Marlon Harper.   Councillor Decker

22. Resolution on the death of Staff Sergeant Steven Tudor.   Councillor Decker

23. Resolution on the death of John J. Coppi   Councillor Sullivan

24. Thanks to city staff members who assisted in making the Cambridge Science Festival such a success.   Councillor Davis

25. Happy 50th Birthday to a special Cambridge resident.   Councillor Davis

26. Welcome to Dr. Aida Ramos as she assumes her position of Executive Director of the Cambridge Office of Special Education.   Councillor Sullivan

27. Thanks to Captain Buzzy Breen for his service to the Cambridge License Commission.   Vice Mayor Toomey

28. Best wishes to Gloucester Mayor John Bell in his future endeavors.   Councillor Sullivan

29. Appreciation and thanks to the Cambridge School Volunteers for their dedicated work on behalf of the children of Cambridge and congratulations to the recipients of the Mack I. Davis II Awards.   Councillor Sullivan

30. Thanks to Scott Cole, Resident Service Coordinator for Fresh Pond Apartments and Project Bread for providing summer meals at the McCrehan Pool.   Councillor Galluccio

31. Urge all residents to be cognizant of the Cambridge Family and Children’s Service’s 14th Annual Circle of Friends Gala Reception and Silent Auction on May 23, 2007 at the Royal Sonesta Hotel.   Councillor Sullivan

32. Congratulations to Patricia Gozemba, Karen Kahn and Marilyn Humphries on their new book Courting Equality which will be launched at a celebration on May 16, 2007 at the Cambridge YWCA.   Councillor Sullivan

33. Resolution on the death of James W. Ackerley, Sr.   Councillor Galluccio

34. Resolution on the death of Reverend Miriam Eccles.   Councillor Sullivan, Councillor Simmons

35. Resolution on the death of John L. Saltonstall Jr.   Councillor Sullivan

36. Resolution on the death of Jeanne M. (Brooks) Scalese.   Councillor Sullivan, Councillor Galluccio

37. Welcome to the delegates from Cambridge’s Sister City San Jose Las Flores, El Salvador.   Mayor Reeves


38. Resolution on the death of A. George Catavolo.   Councillor Sullivan, Councillor Galluccio

39. Resolution on the death of Constantine G. DiLando.   Vice Mayor Toomey, Councillor Sullivan, Councillor Galluccio

40. Resolution on the death of Sally Anne Duncan.   Councillor Sullivan

41. Resolution on the death of Bernice Rose Segaloff Loss.   Councillor Sullivan

42. Resolution on the death of Alphonso "Al" Micale.   Councillor Sullivan

43. Resolution on the death of Mary M. Sciarappa.   Vice Mayor Toomey, Councillor Sullivan

44. Resolution on the death of William Stavropoulos.   Councillor Sullivan

45. Congratulations to Art Bardige on the publication of his new book "New Physical Ideas Are Here Needed: Revolutionizing Education".   Councillor Sullivan, Councillor Murphy

46. Resolution on the death of Pauline Toulopoulos.   Councillor Galluccio, Councillor Sullivan

47. Congratulations to Robbie and Michelle Cataldo on the birth of their daughter Alexandra Marie Cataldo.   Vice Mayor Toomey

48. Resolution on the death of Helen D. (Landers) Berardi.   Vice Mayor Toomey

49. Proclaim June 28, 2007 as Outreach Educator Day in Cambridge.   Mayor Reeves

50. Congratulations to Berklee College of Music on the Third Annual John Andrew Ross Youth Awards for Theater Excellence on May 19, 2007 at the Berklee College of Music.   Mayor Reeves

51. Commend the many nurses who lived and studied in the Lee B. Macht Building, as part of the Cambridge City Hospital School of Nursing, and thank them for the care they provided to the many patients of the Cambridge City Hospital.   Vice Mayor Toomey

52. Resolution on the death of Lisa Marie West.   Mayor Reeves

53. Best wishes to the Brazilian Immigrant Center on the occasion of their Annual Dinner on March 19, 2007 as they celebrate twelve years of building the foundation for a strong community.   Vice Mayor Toomey

54. Recognized the month of May as National Military Appreciation Month.   Councillor Sullivan

55. Congratulations to the Central Square Business Association and the Restaurant Association of Central Square for their leadership and initiative in pledging to eliminate trans fats.   Councillor Decker


ORDERS
1. That the City Manager is requested to draft amendments to the Zoning Ordinance to insure that new buildings in Cambridge conform to LEED standards and refer those amendments to the City Council by the mid-summer meeting of the City Council.   Councillor Davis

2. That the City Manager is requested to notify the City Council when city traffic lights have been converted to LED.   Councillor Davis

3. That the City Manager is requested to confer with the Police Department to improve the performance measures related to pedestrian and bicycle safety, tracking accidents and setting goals for consistently safe and legal behavior at crosswalks and red lights.   Councillor Davis  Amended

4. That the City Council have a special meeting regarding the use and purchase of tasers and that the meeting be held as soon as possible.   Councillor Simmons, Councillor Kelley and Councillor Davis

5. That the City Manager is requested to confer with the City Electrician to determine whether the Pole and Conduit Board has standards and/or regulations regarding timely repair and/or replacement of street lights and poles, and if not, how best to establish such standards.   Councillor Sullivan

6. That the City Manager is requested to confer with the Department of Public Works on repairing or replacing the missing barrel covers on Cambridge Street.   Vice Mayor Toomey


7. That the City Manager is requested to confer with the appropriate departments to install recycling containers for plastics and cans, as well as more dispensers for pet waste disposal, at Danehy Park.   Councillor Decker and Councillor Sullivan

8. That the City Manager is requested to report back to the City Council with an estimated timeline with financial impacts of development delays with the North Point Project over the next five to ten years.   Councillor Galluccio and Councillor Sullivan

9. That the City Manager is requested to direct the City Solicitor to monitor the ongoing lawsuits between the development team and the owners of North Point and what effect they may have on the development there, and, in particular, on the relocation of Lechmere Station and to report back to the City Council from time to time.   Vice Mayor Toomey and Councillor Sullivan

10. That the City Manager is requested to appoint a task force including members of the restaurant community, the business community, the Cambridge Public Health Department and Cambridge Health Alliance, the Economic Development Division of the Community Development Department, and other stakeholders who should be involved, along with members of the City Council to look how best to eliminate trans fats from Cambridge restaurants, including a timeline, what resources the City can provide to assist small businesses and how best to work with the restaurant community.   Councillor Decker


COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Marjorie C. Decker, Chair of the Health and Environment Committee, for a meeting held on Feb 28, 2007 for the purpose of discussing the feasibility of banning trans fats (trans fatty acids) in Cambridge restaurants.  See Order #10 and Resolution #55

2. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Co-Chairs of the Government Operations and Rules Committee, for a meeting held on Mar 21, 2007 for the purpose of discussing City Council travel policies, City Council standing committees, the Cambridge Request System and any other business that might properly come before the committee.

HEARING SCHEDULE
Mon, May 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, May 8
4:45pm   The Ordinance Committee and Housing Committee will conduct a joint public meeting to discuss use of zoning regulations to encourage developers of market-rate housing to include larger family-sized units in their projects.  (Sullivan Chamber)
5:15pm   The Ordinance Committee will conduct a public meeting to discuss the definition in the Zoning Ordinance of side and rear lot lines and types of multifamily structures.  (Sullivan Chamber)
6:00pm   The Ordinance Committee will conduct a public meeting to continue discussion of the recommendation of the Historical Commission regarding the Avon Hill Neighborhood Conservation District boundary study.  (Sullivan Chamber)

Wed, May 9
4:45pm   The Finance Committee will conduct a public hearing to discuss FY08 Capital Budget. This hearing to be televised.  (Sullivan Chamber)
6:00pm   The Finance Committee will conduct a public hearing to discuss FY08 School Department Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 10
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the topic of a "clean" hybrid cab program as implemented in Boston.  (Sullivan Chamber)

Mon, May 14
5:00pm   The Finance Committee will conduct a public hearing to discuss FY08 City Budget. The hearing will begin with a special presentation to welcome a delegation from San Jose Las Flores, El Salvador. This hearing to be televised.  (Sullivan Chamber)

Tues, May 15
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss speed bumps, raised intersections and other devices intended to slow traffic speeds, and the limits of employing these devices and the criteria for selection of the placement of these devices.  (Sullivan Chamber)

Wed, May 16
5:00pm   The Finance Committee will conduct a public hearing to discuss FY08 City Budget. This hearing to be televised. (if necessary)  (Sullivan Chamber)

Thurs, May 17
5:30pm   The Civic Unity Committee will conduct a public meeting to discuss an appropriate response to the media expressions and images of women of color and how to reinforce positive self image, especially with regard to young women.  (Sullivan Chamber)

Mon, May 21
4:00pm   2007 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Thurs, May 24
5:30pm   The Ordinance Committee will conduct a public hearing on a petition by the Constellation Charitable Foundation to amend the Zoning Ordinance of the City of Cambridge in Section 13.42 and 13.43 under Article 13.000, Planned Unit Development Districts, Section 13. 40, PUD-3 Development Controls. This hearing to be televised.  (Sullivan Chamber)

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

Tues, June 5
6:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss citywide neighborhood issues and a presentation on community participation by Marian Darlington-Hope.  (Sullivan Chamber)

Wed, June 6
5:00pm   The Ordinance Committee will conduct a public hearing on a petition from Craig H. Appel et al., requesting to amend the Zoning Ordinances of the City of Cambridge in Section 4.34 Office and Laboratory Use and Section 4.40 Footnotes. This hearing to be televised.  (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public hearing on a petition from Felicia Cott et al., requesting to amend the Zoning Ordinances of the City of Cambridge by changing the area bounded by the centerlines of Broadway, Hancock Street, Harvard Street and Lee Street from Residence C-1 district to Residence B district. This hearing to be televised.  (Sullivan Chamber)

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

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

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

Tues, June 26
2:00pm   The Health and Environment Committee will conduct a public meeting to receive an update from the Cambridge Health Alliance on current projects.  (Sullivan Chamber)

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

Mon, Sept 10
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 24
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     May 7, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to draft amendments to the Zoning Ordinance to insure that new buildings in Cambridge conform to LEED standards and refer those amendments to the City Council by the mid-summer meeting of the City Council.

O-2     May 7, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to notify the City Council when city traffic lights have been converted to LED.

O-3     May 7, 2007  Amended
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Police Department to improve the budget performance measures related to pedestrian and bicycle safety, tracking accidents and setting goals for consistently safe and legal behavior at crosswalks and red lights; 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-4     May 7, 2007
COUNCILLOR SIMMONS
COUNCILLOR KELLEY
COUNCILLOR DAVIS
ORDERED: That the City Council have a special meeting regarding the use and purchase of tasers and that the meeting be held as soon as possible.

O-5     May 7, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the City Electrician to determine whether the Pole and Conduit Board has standards and/or regulations regarding timely repair and/or replacement of street lights and poles, and if not, how best to establish such standards.

O-6     May 7, 2007
VICE MAYOR TOOMEY
ORDERED: Many city trash receptacles on Cambridge Street are missing their covers and need replacing or repair; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public Works on repairing or replacing the missing barrel covers on Cambridge Street.


O-7     May 7, 2007
COUNCILLOR DECKER
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to install recycling containers for plastics and cans, as well as more dispensers for pet waste disposal, at Danehy Park.

O-8     May 7, 2007
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with an estimated timeline with financial impacts of development delays with the North Point Project over the next five to ten years.

O-9     May 7, 2007
VICE MAYOR TOOMEY
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to monitor the ongoing lawsuits between the development team and the owners of North Point and what effect they may have on the development there, and, in particular, on the relocation of Lechmere Station and to report back to the City Council from time to time.

O-10     May 7, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to appoint a task force including members of the restaurant community, the business community, the Cambridge Public Health Department and Cambridge Health Alliance, the Economic Development Division of the Community Development Department, and other stakeholders who should be involved, along with members of the City Council to look how best to eliminate trans fats from Cambridge restaurants, including a timeline, what resources the City can provide to assist small businesses and how best to work with the restaurant community.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Health and Environment Committee held a public meeting on Feb 28, 2007, beginning at 1:45pm in the Sullivan Chamber for the purpose of discussing the feasibility of banning trans fats (trans fatty acids) in Cambridge restaurants.

Present at the meeting were Councillor Marjorie C. Decker, Chair of the Committee, Dr. Walter Willet, Chair of the Department of Nutrition, Harvard School of Public Health and the following representatives from the Cambridge Health Alliance: Dr. Karen Hacker, Interim Chief Public Health Officer, Marsha Lazar, Director of Community Health Programs, Cambridge Public Health Department (CPHD), Suzy Feinberg, Public Information Officer, CPHD, Jeffrey Walker, Special Projects CPHD Dawn Olcott, School Health Program, CPHD, Jose Wendell, School Health Program, CPHD and David Dyer, intern, CPHD. Also present were Estella Johnson, Director of Economic Development, Community Development Department and D. Margaret Drury, City Clerk. Also present was Cheryl Sbarra, Massachusetts Association of Health Boards. Present from the restaurant community were Bill Goodwin, owner of the Asgard, representing the Restaurant Association of Central Square, a subcommittee of the Central Square Business Association, Marina Pevzner, Director of the Central Square Business Association, Janine Harrod, Massachusetts Restaurant Association, Frank Mastromauro, owner of La Groceria, Antonio Barroz, Cinderella’s Restaurant, Alison Novak, 1369 Coffee House, 1369 Cambridge Street, Sarah Allen, 1369 Coffee House, 757 Massachusetts Avenue, Dhiki Cheshatsang, Rangzen Tibetan Restaurant, 24 Pearl Street, Antonio Crombie, Central Square Business Association. Also present was Erin Smith, Cambridge Chronicle.

Councillor Decker opened the meeting and stated the purpose. She then invited public comment on the matter before the committee.

Bill Goodwin, 315 Massachusetts Avenue, submitted a letter from the Restaurant Association of Central Square. Attachment A. He explained that they met with members of the Cambridge Public Health Department (CPHD) to discuss trans fat use in restaurants and have initiated a committee to work closely with the CPHD to promote education with the objective of working towards reducing or eliminating trans fates from products offered by the Restaurants of Central Square and submitted the beginning of a list of names of restaurants that will not serve food that contains hydrogenated or partially hydrogenated trans fats.

Janine Harrod, Massachusetts Restaurant Association, expressed a desire to work cooperatively with the City of Cambridge to deal with the trans fat issue without having a regulation. She noted that there is currently a bill before the State Legislature to ban trans fats in restaurants statewide.

Frank Mastromauro, La Groceria, stated that restaurateurs need to be educated on this issue. He was sure that he did not serve food with trans fat in his restaurant, and then he went to a presentation by the Cambridge Health Alliance and was very surprised to discover the number of foods that contain trans fat. He stated that he does not believe that this will be a controversial issue in Cambridge; restaurants will eliminate trans fat because that is what their customers want.

Councillor Decker said that a goal of this meeting is public education and to explore ways to work with the business community to eliminate trans fat from restaurants.

She then invited Dr. Willet to make a presentation.

Dr. Willet provided information about the history of trans fats (trans fatty acids), which are the result of heating up unsaturated liquid fat and forcing hydrogen through it (partial hydrogenation) to make a fat that is solid at room temperature, and can be preserved for longer use and shelf life. Trans fats were first presented in the 1900’s as an alternative to lard. Crisco was the gateway product. Then in World War II margarine was developed in response to the shortage of butter. In the 1960’s the mainline health organizations started recommending margarine over butter because it is lower in saturated fats.

Scientists have since learned that the magnitude of the association of trans fats with coronary heart disease is considerably stronger than for saturated fat. Trans fat raises LDL (dangerous cholesterol) as much as saturated fat and also lowers the amount of HDL (helpful cholesterol). Recent metabolic studies show that trans fat increases inflammatory factors and other indicators of insulin resistance.

Other countries have imposed strict limits on the amount of trans fats that can be present in foods, for example, Denmark limits the allowable trans fats to 2% of the total fat in the food (some trans fats occur naturally, but in very low amounts). The World Health Organization standard is that trans fats should be less than 1% of the energy composition of the food. . Excerpts from Dr. Willet’s presentation are attached to this report. Attachment B.

Dr Willet stated that New York City’s decision to ban trans fats in restaurants has had a striking effect on the availability of trans fat-free food in restaurants nationwide. He said that almost all national fast-food chains except Burger King have announced that they are or will be trans fat-free within six months. Dr. Willet said that Roger Berkowitz, owner of the Legal Seafoods restaurants, has been a leader in this matter. Legal Seafoods conducted blind taste testing and discovered that their customers preferred the taste of food prepared without trans fats. He noted that the biggest challenge for taste is with baked goods, but good-tasting and healthier solutions are occurring in this area as well.

Councillor Decker then moved the conversation to the issue of the best way for Cambridge to move forward. She noted the following issues and questions:
  * Public health must be the primary concern.
  * What support would restaurants need to make the transition to the elimination of trans fats?
  * What are the pros and cons of mandatory and voluntary programs to eliminate trans fats?

She invited further discussion.

Dr. Willet noted that trans fat is a toxic chemical that should not be in a food. However, restaurants need lead-in time. Particularly in Cambridge, restaurants can use the absence of trans fats in their foods as an attraction that they can advertise. Regulation in this area is appropriate. In response to a question from Councillor Decker, he said that he has not heard of any implementation problems with regard to the ban in New York City.

Dr. Hacker said that may Health Departments around the country are watching the New York City experience closely. From a healthy heart perspective, they would like to see trans fats eliminated from all foods; the issue is the best way to get there. There are already trans fat-free restaurants in Cambridge. The Health Department has had discussions with the Cambridge License Advisory Board, but there was not a great deal of interest on the part of the advisory board. She added that the Cambridge Public Health Department will continue to work with Cambridge restaurants and will work with the Central Square Business Association on the elimination of trans fats.

Ms. Johnson said that her concern is the need for a real education campaign to educate the smaller restaurants in particular. She is also concerned about the costs to small restaurants and the cost of monitoring. She will be happy to work on the education campaign.

Councillor Decker submitted the following order:
ORDERED: That the City Manager be and hereby is requested to appoint a task force including members of the restaurant community, the business community, the Cambridge Public Health Department and Cambridge Health Alliance, the Economic Development Division of the Community Development Department, and other stakeholders who should be involved, along with members of the City Council to look how best to eliminate trans fats from Cambridge restaurants, including a timeline, what resources the City can provide to assist small businesses and how best to work with the restaurant community.

Councillor Decker also submitted the following resolution:
RESOLVED: That the City Council go on record congratulating the Central Square Business Association, and in particular the Restaurant Association of Central Square, for their leadership and initiative in pledging to eliminate trans fats and encouraging other restaurants to do the same.

Councillor Decker thanked all those present for their attendance and their interest and work on this issue. The meeting was adjourned at 2:57pm.

For the Committee,
Councillor Marjorie C. Decker, Chair


Committee Report #2
The Government Operations and Rules Committee held a public hearing on Mar 21, 2007, beginning at five hours and fifteen minutes o’clock post meridian in the Sullivan Chamber for the purpose of discussing City Council travel policies, City Council standing committees, the Cambridge Request System and any other business that might properly come before the committee.

Present at the hearing were Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Co-Chairs of the Committee, Councillor Henrietta Davis, Councillor Craig Kelley and City Clerk D. Margaret Drury. Also present were Robert W. Healy, City Manager, James Monagle, City Auditor, and Sandra Albano, Assistant to the City Council. Councillor Brian Murphy participated in the meeting via speakerphone.

Councillor Sullivan convened the hearing and explained the purpose. He began with the issue of the Cambridge Request System, and invited City Manager Healy to start with information about the system. Mr. Healy explained that the Cambridge Request System is a web-based system that has replaced the former Hanson system that originated as a Department of Public Works internal work order system. All City departments have received training on use of the system. The City began using the CRS system in Mar, 2005. Since then, 27,867 requests have been entered and 23,582 have been closed out. At this time 4,300 requests are still open. Of the total requests entered, the City Council generated 2,213. City Council requests are generated by the Mayor’s Office, the City Council staff and individual City Councillors. City Council orders are entered into the CRS. Of the 2,213 Council requests, 1,775 have been closed and 438 requests remain open.

In response to a question from Councillor Sullivan about the other 25,000 requests not generated by the City Council, Mr. Healy said that they are entered by City employees, many in response to citizen concerns and telephone calls.

Councillor Davis said that some members of the Council do a request through the CRS, some through a Council order, and some do both for the same issue. She asked if the staff gives first priority to addressing City Council orders. Mr. Healy said absolutely not, the original intent in expanding the first Hansen system to include the City Council was to try to use the system instead of Council orders for the more mundane, "fix-it" issues and to use policy orders for policy issues. To make the system an attractive alternative, it includes letters sent immediately on behalf of the councillor who initiated the request.

Councillor Sullivan said that he believes the fact that citizens like to see the order scrolled on TV has more to do with the double entries.

Councillor Davis said that she had with her examples of unclosed requests that she had submitted through the CRS system. Mr. Healy said that the system automatically sends notices that a response is overdue to the person to whom it has been assigned. In the case of City Councillor requests, he is that person. Councillor Kelley said that he has occasionally e-mailed Maryellen to inquire about a request that had not yet been resolved.

Councillor Kelley suggested a scheduling a training session for members of the City Council on the CRS system. It is a very powerful and useful tool. He asked whether it would be possible to open the system up for use by the general public. Mr. Healy said that he would check with his IT experts on the answer to that question.

Councillor Sullivan asked if any of the CRS requests are used for trending and staff assignments. Mr. Healy answered in the affirmative and gave the example of patterns of street flooding. Councillor Sullivan said that the issues around the Cambridge Common and all the letters from the public engendered by the tot lot issue at that site come to his mind. Mr. Healy said that in that case, an action plan was developed for the Common because of the multiple concerns.

Councillor Kelley said that he thinks CRS is a great system. The search capacity is excellent. He asked whether there is an issue of double counting that would affect the statistics. For example, if five councillors enter CRS requests based on a pothole at a certain location, does the system count it as five potholes. Ms. Albano said that after a particular CRS has been entered, additional requests would be automatically appended to the first CRS. Each councillor who submits a request will have an individual letter sent to the person for whom he has made the request.

Councillor Sullivan then invited public comment on the CRS matter.

Michael Brandon, 27 Seven Pines Avenue, said that he would like to have the material that Councillor Davis cited as examples of unclosed requests attached to the report of this meeting. He asked how members of the City Council are notified of the completion of a request. Ms. Albano said that each individual councillor who entered the request gets a letter from the City Manager. The city councillor usually forwards the letter to the citizen who complained. Mr. Brandon said that he would like the public to have access to all of the responses. He suggested looking into a 311-like system so that the public can monitor the responses.

Vice Mayor Toomey said that he does not see the point of giving the public copies of every letter to a councillor about a complaint that has been fixed. It would be a huge waste of paper, and he cannot imagine that anyone would be interested except the person who complained.

Robert Winters, 366 Broadway, stated that wide open access of the CRS system to the public would be a terrible idea. It would be bound to be abused. He suggested getting a pool of trained volunteers to monitor the system.

Kathy Podgers, Pearl Street, said that she found this discussion helpful. She is frustrated when she reports a problem and includes a suggestion for a solution. Her suggestion does not get forwarded to the fixer, and she does not get feedback on what action is taken. She gave the example of reporting the problem of not enough room for the public to get past the sign-up table at the back of the Sullivan Chamber during City Council meetings. She suggested that the table be moved a couple of feet to improve access. Instead, a whole row of public seating was removed. She said that, in addition, the access problem that she reported at the back of City Hall was not fixed correctly. She asked whether she needed to file another report. Ms. Podgers stated that in general she does not get responses and gave the example of the dangerous tree on Decatur Street that she reported.

Councillor Sullivan then announced that the committee would be looking next at whether the current City Council City Council Rule 38 on City Council travel (Attachment A) and the City Council Travel Policy (Attachment B) adopted in 1995 should be changed.

Kathy Podgers said she had not participated in the general criticism of the Mayor’s travel. She suggested that the current travel policy be reviewed with respect to what expenses should be allowed. Technology has meant that some of the categories of normal expenses have changed.

Michael Brandon said that he did not know that the 1995 Travel Policy existed. He said that there should be transparency with regard to travel expenses and stated that he supports putting documentation of travel expenses on the web site. He said that recent events created an appearance that information was being withheld from the public.

Councillor Sullivan then invited comments from committee members on the travel policy. He explained that the 1995 Travel Policy came out of the last City Council discussion of this issue. At that time individual councillors were making their own travel arrangements. The Travel Policy specified that the City Council assistant should make the arrangements in order to save money by booking in advance and searching for the lowest cost for air fare, etc.

Councillor Davis said that some of the amounts allowed seem outdated, especially for conferences in large cities like Washington D.C.

Councillor Kelley noted that there is no mention of train or automobile transportation in the out of state travel policy. Councillor Sullivan suggested adding mileage reimbursement based on one of the regularly-used reimbursement rates, such as the city or federal policy. Councillor Kelley raised the issue that when the cost of gasoline is high, automobile travel might be a more expensive alternative than air or train travel. He also said that the federal policy limits reimbursement for auto travel to destinations no farther away than 400 miles or eight hours of auto travel. It was agreed that Councillor Kelley will provide the City Clerk with information about the federal limit he described to be incorporated into an addition to the travel policy to cover automobile travel.

Councillor Sullivan then moved to the issue of how to allocate travel funds. He asked Ms. Albano to describe the allocation. Ms. Albano said that city councillors are members of the National League of Cities, which organizes two conferences each year, one of which is held in Washington in the spring and one in the fall in various cities. Cambridge city councillors traditionally attended one or both of those conferences. The travel budget was calculated to allow all eight councillors (the Mayor’s travel budget is not part of the City Council travel allocation) to attend both conferences.

As more councillors became active on the NLC policy subcommittees, the travel expenses of those councillors increased. Other councillors wanted to go to different conferences that focused more specifically on issues of particular concern to them. The travel policy allows the City Council to approve additional amounts to enable councillors to attend NLC subcommittees or other relevant conferences. Because not all City Councillors attend both or even one of the NLC conferences, and because Ms. Albano works hard to get the best travel deals available, the travel budget has been able to accommodate the additional travel without any budget increase. However, as prices continue to increase, it is unlikely that the current budget will continue to be adequate. If all the members of the City Council decided to attend the two conferences upon which the budget was initially based, there would not be sufficient funds for the current level of travel. In response to a question from Councillor Sullivan, Ms. Albano said that the total amount of the travel budget is $36,000 per year.

Councillor Davis described her experiences with travel. Last year she was on three NLC committees. The subcommittee trips are not as expensive as the two full conferences. Most meals are provided by the host city. She believes that her total travel costs were about $4500, not including conference registrations, which are very expensive.

Councillor Murphy noted that participation by Cambridge City Councillors in the additional NLC committees provides benefits to the City of Cambridge. It enables Cambridge to take an active role in shaping policy that will come back to the NLC for adoption. The NLC will then use its prestige and resources to lobby on a national level for these goals and the necessary implementation funding to benefit municipalities.

There was further discussion of how to allocate travel funding. It was agreed that the Government Operations and Rules Committee would recommend that the City Council budget allocate the total amount of $36,000 to be budgeted by the Council Office as eight allocations of $4,500, one for each city councillor. If a member of the City Council utilizes the $4,500 allocation and believes that he or she should undertake additional travel, then the that councillor may submit a request for additional funds by submission of a City Council order at a City Council meeting.

Councillor Sullivan noted that itemized receipts are required by the City Council Rules and by the Travel Policy, except that 1995 Travel Policy provides that councillors may opt for a per diem allowance for meals. When this committee has completed its review the Rules and policy should reference each other and clarify any language that could be misunderstood as conflicting.

Councillor Kelley suggested that the travel costs be posted on the web site. Ms. Albano said that she is concerned that the costs could be subject to misunderstanding. For example, if two city councillors attend a conference where a rental car provides the most reasonable method of local transportation and a $300 bill for use of the car which both share is paid for by one councillor, the difference in costs make it look like one councillor was frugal and the other was not. Councillor Kelley said that perhaps the website should not list the numbers, but just report when and where councillors traveled at the City’s expense.

It was agreed that the issue of City Council travel would remain in committee. The City Clerk will make the changes to reflect the committee discussion, and will circulate a draft for members to review prior to the next Government Operations and Rules meeting on this matter.

Vice Mayor Toomey and Councillor Sullivan thanked those present for their participation. The meeting was adjourned at 7:02pm on motion of Councillor Kelley.

For the Committee,
Councillor Michael A. Sullivan, Co-Chair
Vice Mayor Timothy J. Toomey, Jr., Co-Chair