Cambridge City Council meeting – May 10, 2004 – AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $2,300,000 to cover costs related to the Porter Square Pedestrian Enhancements Project included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $2,300,000 is appropriated for improvements to Porter Square, including improvements to intersections, sidewalks, crosswalks, signals, and bicycle lanes to improve pedestrian, bicycle and vehicular traffic patterns and safety, and including urban design improvements consisting of trees, benches, lighting, plantings and an expanded public plaza; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $2,300,000 under Chapter 44 of the General Laws or any other enabling authority.

2. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $3,500,000 to cover costs related to the Harvard Square Enhancement Project included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $3,500,000 is appropriated for improvements to Harvard Square, including street and sidewalk reconstruction of JFK Street, south of Eliot Street, improvements to the street, sidewalks, and lighting on Church Street, street reconstruction of Palmer and Winthrop Streets, and similar work on other nearby streets, new crosswalks and a traffic island on Mount Auburn Street near Linden Street; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $3,500,000 under Chapter 44 of the General Laws or any other enabling authority.

3. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $3,430,500 to cover costs related to the Russell Field Improvements Project included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $3,430,500 is appropriated for the construction and reconstruction of municipal outdoor recreational facilities at Russell Field, including a new field house and press box, installation of an artificial turf football field, renovations to the soccer and little league fields, a new tot lot, pathway improvements, parking improvements and related landscaping; and that to meet this appropriation, the Treasurer with the approval of the City Manager is authorized to borrow $3,430,500 under Chapter 44 of the General Laws or any other enabling authority.

4. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $3,000,000 to cover costs related to the Area 4 Parks Improvements Project included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $3,000,000 is appropriated for construction and development of the outdoor recreational facilities, consisting of the construction of the new neighborhood park at 238 Broadway, including demolition of the old buildings, and the construction of the Squirrel Brand Park; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $3,000,000 under Chapter 44 of the General Laws or any other enabling authority.

5. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $1,100,000 to cover costs related to the Gold Star Mothers Pool Improvements Project included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $1,100,000 is appropriated of remodeling, reconstructing and making extraordinary repairs to the Gold Star Mothers Pool, including complete replacement of the pool filtration and other systems and chemical treatment equipment, comprehensive exterior and interior renovations to improve participant circulation and meet the requirements of the American with Disabilities Act, pool surface replacement, plumbing and electrical renovations and construction of additional site amenities such as spray pools and additional patron seating; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $1,100,000 under Chapter 44 of the General Laws or any other enabling authority.

6. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and loan order for $16,770,000 to cover costs related to the sewer reconstruction projects included in the Public Investment Fund of the FY05 Submitted Budget.

ORDERED: That $16,770,000 is appropriated for the purpose of financing the construction of the following water pollution abatement projects:

Agassiz Area
Construction of Stormwater Management Facilities Adjacent to Main Library Extension off Ellery Street

Fresh Pond/Alewife Area
Fresh Pond Sewer Separation and Stormwater Management and Combined Sewer Overflow Control Project Design – Regulatory and Permitting Issues

Harvard Square – Phase III
Stormwater Management and Sewer Separation Facilities on Church Street, Eliot Street and Brattle Street

Cherry Street/South Massachusetts Avenue
Construction of Flood Control Facilities

Cambridgeport
Construction of Drainage Conveyance Pipe between Endicott Drainage System and Danforth Street Drainage System

Bellis Circle
Construction of Combined Sewer Outflow Structure, at the Sherman Street Railway Line, including related Utility and Flood Control Facility Construction

Porter Square
Construction of Sewer Separation Facilities – Massachusetts Avenue at Beech Street to Massachusetts Avenue at Upland Road and Drainage System Upgrades on White Street

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 $16,770,000 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 appropriation of $18,106 from Road Race revenues to the Grant Fund Human Services Department Other Ordinary Maintenance account in revenues from the annual City Run Road Race, which was held in April 2004.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Federal Office of Substance Abuse and Mental Health Services Administration (SAMHSA) through Social & Health Services Limited for $1,000 to the Grant Fund Human Services Department Other Ordinary Maintenance account to be used to fund the "Reach Out Now" event, which will take place in a fifth grade class at the Morse School.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $10,191 in private donations to the Grant Fund Human Services Department Other Ordinary Maintenance account to be used to support recreational activities of Cambridge individuals with special needs.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation from The Friends of the Community Learning Center for $2,275 to the Grant Fund Human Services Department Salary and Wages account to support the development of curriculum modules on diversity for Community Learning Center (CLC) students by CLC staff.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $25,000 from the General Fund Employee Benefits (salary adjustment) Salary and Wages account to the Veteran’s Travel and Training account to cover additional veteran benefits through the end of the fiscal year which is a result of an 8% increase in client caseload from FY 2003.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $100,000 in medallion equity revenues to the License Commission General Fund Other Ordinary Maintenance account to be used to fund the Accessible Cambridge Transportation Program that will manage and oversee all accessible vehicles in the City and to coordinate and monitor services to seniors and persons with disabilities.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-33, regarding a report on the status of the City-owned lot on Warren Street.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $898,555 from the General Fund School Other Ordinary Maintenance account to the School Salaries and Wages account ($898,181) and to the School Travel and Training account ($374). In addition, I am requesting a transfer of $7,728 from the General Fund School Extraordinary Expenditures account to the School Travel and Training account. These transfers are related to re-allocations within school department programs.

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 Subs Express, requesting permission for two tables and four to six chairs for restaurant seating at the premises numbered 1923 Massachusetts Avenue.

2. An application was received from Adidas, requesting permission for a sign at the premises numbered 1270 Massachusetts Avenue. Approval has been received from Inspectional Services, Community Development Department and abutters.

3. An application was received from Rosie's Bakery, requesting permission for a sandwich board sign at the premises numbered 243 Hampshire Street.

COMMUNICATIONS
1. A communication was received from the family of Gertrude Parsons, transmitting thanks for the resolution adopted by the City Council.

2. A communication was received from Roy Bercaw, regarding school expenditures.

RESOLUTIONS
1. Congratulations to Michael DiFava on completing his Police Academy Training and graduating from Northeastern University as a Police Officer on May 17, 2004.   Councillor Toomey

2. Congratulations to Bill Bates, Athletic Director at the Cambridge Rindge and Latin School, on being named as District B Athletic Director of the Year.   Mayor Sullivan

3. Congratulations to the 2004 Cambridge Scholarship Fund recipients.   Mayor Sullivan

4. Resolution on the death of Genevieve Gajewski.   Councillor Maher

5. Happy 50th Anniversary wishes to William and Jean Cantwell.   Mayor Sullivan

6. Resolution on the death of Margaret E. Kinahan.   Mayor Sullivan

7. Resolution on the death of Thomas Connolly.   Mayor Sullivan

8. Congratulations to Lisa Dittrich for her dedication and service and support for a celebration in her honor on Friday, June 11, 2004, 7:00 p.m. to 11:00 p.m. at the Dante Alighieri Center, 41 Hampshire Street, Cambridge.   Councillor Simmons

9. Thanks to State Representative Paul Demakis for his many years of service to Cambridge upon his announcement that he will not seek re-election and wish him good luck as he pursues a master of law and diplomacy degree at the Fletcher School at Tufts University.   Councillor Simmons, Councillor Murphy, Councillor Maher, Councillor Davis

10. Welcome back to Otto Hayes from the 805th MP company on his return home from Afghanistan.   Councillor Simmons

11. Happy Birthday wishes to Boston City Councillor Felix D. Arroyo.   Councillor Simmons

12. Resolution on the death of Ruth A. Ridley.   Councillor Galluccio

13. Resolution on the death of Vernon H. Rivers.   Councillor Galluccio, Councillor Reeves

14. Congratulations to Barbara Dorritie on being presented the 2004 AMGEN Award for Science Teaching Excellence and thanks for her continued commitment to the children in Cambridge Public Schools.   Mayor Sullivan

15. Congratulations to Colonel Thomas J. Foley on his retirement from the Massachusetts State Police and for his many years of dedicated service.   Mayor Sullivan

16. Condolences extended to Stephen Bernard on the loss of his mother Varena May Bernard.   Councillor Simmons

17. Resolution on the death of Irwin Gross of the Brookline Fire Department.   Mayor Sullivan

18. Resolution on the death of Maurice Lazarus.   Councillor Murphy, Mayor Sullivan

19. Congratulations to Bob Moses on receiving the Martin Luther King, Jr. Good Samaritan Award.   Councillor Simmons, Mayor Sullivan

20. Best wishes to the Singh family on celebrating twenty-five years of owning and operating the Indian Pavilion Restaurant in Central Square.   Vice Mayor Decker

21. Resolution on the death of Jose L. Goncalves.   Councillor Toomey

22. Resolution on the death of Virgilio Travanca.   Councillor Toomey

23. Support for Transportation Awareness Day in Cambridge in honor of the 15th Annual Cambridge Center's Transportation Awareness Day.   Mayor Sullivan

24. Congratulations to 2003-2004 Cambridge Family YMCA Youth Basketball Award winners.   Mayor Sullivan

25. Support for the Cambridge Multicultural Arts Center's Cambridge Public Schools' spring art exhibit from May 17 - 28, 2004 at the Center located at 41 Second Street.   Mayor Sullivan

26. May 2004 proclaimed as Older Americans Month in Cambridge.   Mayor Sullivan

27. Best wishes and congratulations to the students of the Tobin Elementary School on their theatrical production during The Tobin School Dinner Theater Night on Thursday, May 13, 2004.   Mayor Sullivan

28. Resolution on the death of Thomas R. Harrington.   Mayor Sullivan

29. Congratulations to the winners of the 2004 Excellence in Business Awards.   Councillor Maher

30. Support for the 20th Anniversary of the Dedication of the Manuel Rogers Collection on May 19, 2004 at the Valenti Branch Library.   Councillor Toomey

31. Cantabrigians invited to join Cambridge Family and Children's Services (CCFS) in a silent vigil in support of foster care on May 20, 2004, 6:30pm - 7:30pm on Boston Common.   Councillor Maher

32. Congratulations to M.I.T. for its bold vision in commissioning the new Stata Center.   Councillor Reeves

33. Resolution on the death of Reverend Rip I. Lemon, Jr.   Councillor Reeves

34. Congratulations to Dennis Benzan on his graduation from law school.   Councillor Reeves

35. Best wishes to Karen Routt as she leaves Cambridge to live in San Francisco, California.   Councillor Reeves

36. Congratulations to Dorie Clark as she assumes the role of the Executive Director of MassBike.   Councillor Murphy

37. Best wishes to Charles Euchner as he leaves Harvard on June 1, 2004. A reception will be held at the Rappaport Institute on Tuesday, May 25, 2004 from 5:00 - 7:00pm.   Councillor Murphy

38. Thanks and best wishes to Tim Baldwin as he leaves his position of Executive Director of MassBike.   Councillor Murphy

39. Best wishes to the Cambridge Community Center in celebrating seventy-five years of outstanding service to the Riverside community and the entire city at a gala event on June 12, 2004 at the Julius Stratton Center at M.I.T.   Councillor Reeves

40. Resolution on the death of Bridget McDonough.   Councillor Maher, Mayor Sullivan, Councillor Galluccio

41. Resolution on the death of Gerald P. Griffin.   Councillor Maher, Mayor Sullivan, Councillor Galluccio

42. Resolution on the death of James J. Nagle.   Councillor Maher, Mayor Sullivan, Councillor Galluccio

43. Resolution on the death of Joseph Renzi.   Mayor Sullivan, Councillor Galluccio

45. Congratulations to Nick Austriaco on his ordination to the Dominican Friar.   Councillor Toomey

46. Get well wishes extended to Ed Rodrigues.   Councillor Toomey

47. Get well wishes extended to Father David Bonfiglia.   Councillor Toomey

48. Congratulations to Father Tackeny on the thirtieth anniversary of his ordination.   Councillor Toomey

49. Support for Broadway Bicycle, Lesley University, Pfizer Inc. and Whole Foods for working toward recycling 40% of their solid waste by 2005 and for other businesses and institutions to follow the example.   Mayor Sullivan, Councillor Davis

50. Congratulations to the 2004 Commissioner's Award Winners.   Mayor Sullivan

51. Commemoration for fifteen years of curbside recycling in Cambridge on May 20 at 6:00pm at the Senior Center.   Councillor Davis

52. Happy Birthday wishes to Kevin Foster and welcome to Cambridge as his new community.   Vice Mayor Decker

53. Congratulations to Diane, Jim and Cecelia Wilson on the birth of their new family member, Reagan.   Vice Mayor Decker

ORDERS
1. Support for all small businesses as Cambridge proclaims May 16-22, 2004 as Small Business Week.   Mayor Sullivan

2. The City Manager is requested to address concerns raised by residents about rerouting traffic from Memorial Drive on Sundays from May until November to a new alternative route from the current Putnam Avenue detour.   Vice Mayor Decker

3. The City Manager is requested to confer with the Commissioner of Public Works to look at both sides of Lexington Avenue (between Huron Avenue and Brattle Street and Harvard and Fresh Pond Parkway) with the view of repairing potholes.   Councillor Maher

4. The City Manager is requested to provide a status report from Community Development Department on the city-owned land at the corner of Charles Street and Lopez Avenue.   Councillor Toomey

5. The City Manager is requested to delineate or outline in a report to the City Council the sixty thousand square feet of land in University Park that can be used for a variety of uses.   Councillor Simmons

6. The City Manager is requested to convene a meeting of affordable housing advocates with NSTAR officials to discuss opportunities for building energy efficient units for low and moderate income homeowners and renters to enable those owners to save money on utility bills.   Councillor Davis

7. The City Manager is requested to confer with the Director of Traffic, Parking and Transportation to evaluate the danger and conflict of two-way traffic on Howard Street between Western and River Streets.   Councillor Reeves

8. The City Council requests the Government Operations Committee to determine if the time has come to consider criteria for the naming of City squares.   Councillor Reeves

9. The City Manager is requested to confer with the Chief Public Health Officer to provide a report on the access of Cambridge Senior Citizens to affordable dental health care.   Councillor Reeves

10. The City Manager is requested to report on the parking permit pass system and possible abuses.   Councillor Murphy

11. The City Manager is requested to instruct the appropriate parties to go on a bike tour of Cambridge roads to discuss any needed safety improvements to major roads used by bicyclists.   Councillor Murphy

13. The City Manager is requested to assign staff to the Human Services Committee to address transportation issues for seniors by groups that are currently providing senior transportation - SCM/Sheppard Orr./SCES and all others that supply transportation.   Councillor Simmons
CHARTER RIGHT - DECKER

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on March 30, 2004 to discuss how to enhance the community benefits of cable television, CCTV's loss of funding and "e-neighborhoods".

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on March 31, 2004 to consider a proposal to amend the zoning in Cambridgeport along Memorial Drive.

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on March 31, 2004 to effectuate the proposed Tree Protection Ordinance and continuing to consider the proposed Tree Protection Ordinance.

HEARING SCHEDULE
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)

Thurs, May 20
6:00pm   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. This meeting to be televised.  (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)
6:30pm   The Ordinance Committee will conduct a working meeting with no public comment to continue discussion of the Tree Protection Ordinance and accompanying zoning ordinance amendment. This meeting will take place at 6:30 p.m. or when the City Council meeting ends whichever first occurs.  (Ackermann Room)

Wed, May 26
3:00pm   The University Relations Committee will conduct a public meeting to discuss how to support and strengthen the educational institutions and the Cambridge Public Schools.  (Ackermann Room)

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 10, 2004
MAYOR SULLIVAN
WHEREAS: Every year, our nation sets aside a week to honor 25 million Americans whose entrepreneurial drive personifies the American Dream; and
WHEREAS: America’s 25 million small businesses reflect the things that make our nation great: vision, responsibility, innovation, dedication, and hard work. It is often small entrepreneurs who are our inventors, our risk-takers, and our job creators; and
WHEREAS: Small businesses are a vital part of our Nation’s economy, and they are leading the way during the current economic recovery. They represent 99 percent of employers. More than half of all private sector employees work at small businesses. Three out of every four net new jobs created in this country are created by small business; and
WHEREAS: As our Nation continues on the path of economic recovery, it is important to appreciate the role that our small entrepreneurs are playing. Government does not create jobs. Small businesses do. Although the government can help to liberate the energies of our small business owners – whether by cutting taxes by almost $3,000.00 per business, reducing burdensome regulations, or fighting to curtail frivolous lawsuits – it is, in the end, those entrepreneurs who are growing our economy. Their efforts are vital to the creation of new jobs for all Americans; and
WHEREAS: Despite their success, it is appropriate during Small Business Week to examine the challenges still faced by America’s entrepreneurs; and
WHEREAS: Rising health care costs disproportionately affect small businesses and their employees. Health Savings Accounts, created as part of last year’s Medicare Reform Act, can help small business owners and employees pay for health care costs, and owners whose employees use HSAs can save as much as 40 percent in health care costs. But that will not be enough. Small businesses deserve the same purchasing and bargaining power that large corporations have. Legislation introduced in the United States Congress to create Association Health Plans will give them that power; and
WHEREAS: Frivolous lawsuits still threaten far too many small business owners. The right to redress is an essential right in our Nation, but its abuse is putting Americans out of work; and
WHEREAS: The death tax remains a dark cloud over the heads of family-owned businesses. It is fundamentally unfair when family businesses are sold or broken up upon the death of the owners because their sons and daughters cannot afford to pay the tax bill; and
WHEREAS: Small Business Week is a time for us talk about these challenges, and plan for how they can be overcome; and
WHEREAS: It is also time to celebrate our success, and to thank America’s small business owners for their contributions to our communities, our economy, and our nation; now therefore be it
RESOLVED: That this City Council proclaim May 16 –22, 2004 as Small Business Week in the City of Cambridge, and be it further
RESOLVED: That this City Council encourage all residents to observe Small Business Week appropriately, to dedicate themselves to learning more about America’s entrepreneurs and how we can help them continue on their tremendous path of success; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the U.S. Small Business Administration on behalf of the entire City Council.

O-2     May 10, 2004
VICE MAYOR DECKER
ORDERED: That the City Manager be and herby is requested to address concerns raised by residents about rerouting traffic from Memorial Drive on Sundays from May until November to a new alternative route from the current Putnam Avenue detour.
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-3     May 10, 2004
COUNCILLOR MAHER
ORDERED: The City Manager be and hereby is requested to confer with the Commissioner of Public Works to look at both sides of Lexington Avenue (between Huron Avenue and Brattle Street and Harvard and Fresh Pond Parkway) with the view of repairing potholes in the street.

O-4     May 10, 2004
COUNCILLOR TOOMEY
ORDERED: The City Manager be and hereby is requested to provide a status report from Community Development Department on the city-owned land at the corner of Charles Street and Lopez Avenue.

O-5     May 10, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to delineate or outline in a report to the City Council the sixty thousand square feet of land in University Park that can be used for a variety of uses, specifically for centrally located, passive recreation, kiosks, retail, cafes, concerts, festivals, exhibitions, community events such as Salvation Army events, art exhibits, small business community events.

O-6     May 10, 2004
COUNCILLOR DAVIS
ORDERED: The City Manager be and hereby is requested to convene a meeting of affordable housing advocates with NSTAR officials to discuss opportunities for building energy efficient units for low and moderate income homeowners and renters to enable those owners to save money on utility bills.

O-7     May 10, 2004
COUNCILLOR REEVES
WHEREAS: Howard Street between Western Avenue and River Street is a two-way street; and
WHEREAS: Frequent disputes have been reported involving drivers who refuse to back up for oncoming cars, now therefore be it
ORDERED: The City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation to evaluate the danger and conflict of two-way traffic on Howard Street between Western and River Streets.

O-8     May 10, 2004
COUNCILLOR REEVES
WHEREAS: The Cambridge Historical Society's recent newsletter reports that, of the 277 dedication signs naming squares after residents in the City, more than forty percent have been placed within the last five years; now therefore be it
ORDERED: The City Council be and hereby requests that the Government Operations Committee determine if the time has come to consider criteria for the naming of City squares.

O-9     May 10, 2004
COUNCILLOR REEVES
WHEREAS: A recent program sponsored by the Cambridge Homes offers dental health care for City Seniors; and
WHEREAS: The program is based on a survey of Cambridge Senior needs; now therefore be it
ORDERED: The City Manager be and hereby is requested to confer with the Chief Public Health Officer to provide a report on the access of Cambridge Senior Citizens to affordable dental health care and whether the City could undertake a broader effort for dental care for Seniors.

O-10     May 10, 2004
COUNCILLOR MURPHY
WHEREAS: Parking is at a premium in Cambridge; and
WHEREAS: Citizen complaints about parking pass abuses and unequal applications are increasing; and
WHEREAS: Residential and commercial construction often results in decreases in available parking; now therefore be it
ORDERED: That the City Manager be and hereby is requested to prepare a report containing the following:

ORDERED: That the City Manager report back to the Council by the August meeting of the Council.

O-11     May 10, 2004
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation, the Public Works Commissioner, the Bike Patrol of the Police Department and representatives of the Cambridge biking community, and the Mass Bike and any other appropriate party to go on a bike tour of Cambridge roads to discuss any needed safety improvements to major roads used by bicyclists.

O-13     May 10, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to assign staff to the Human Services Committee to address transportation issues for seniors by groups that are currently providing senior transportation - SCM/Sheppard Ctr./SCES and all others that supply transportation.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Cable TV, Telecommunications and Public Utilities Committee held a public meeting on March 30, 2004, beginning at eight o’clock and forty-three minutes A.M. in the Sullivan Chamber. The meeting was held for the purpose of discussing how to enhance the community benefits of cable television, CCTV’s loss of funding and "e-neighborhoods".

Present at the hearing were Councillor E. Denise Simmons, Chair of the Committee, Councillor Brian Murphy and City Clerk D. Margaret Drury. Also present were Nancy Glowa, Deputy City Solicitor, Calvin Lindsay, Executive Director of the Municipal Cable TV Office, Dhonyale Jones, Municipal Cable TV Office and John Donovan, Director of Operations for CCTV.

Councillor Simmons convened the hearing and explained the purpose. She began the meeting by asking Deputy Solicitor Nancy Glowa, about the issue regarding a rate discount for senior citizens.

Ms. Glowa said that the City is in litigation with Comcast about the senior discount rate. There has been some discussion about settlement but no agreement to date.

Councillor Simmons said that she also intends to have a discussion with Vice Mayor Decker about the survey initiative of the Cable TV Committee last term.

Councillor Simmons then asked Mr. Lindsay, Executive Director of the Municipal Cable TV Office, about shared programming with other localities. Mr. Lindsay said it is a possibility, but that he has some concerns about consistency of quality. Councillor Simmons said that for her, it is an issue of how to pick and choose. For example, she sees the Black Massachusetts programming as something that would be of value. Mr. Lindsay said that the process of exchange is very informal.

Councillor Murphy asked about statewide professional associations and whether they could help facilitate exchanges. He also asked if there is a lot of "bicycling" of tapes. Mr. Lindsay said that sometimes there is.

Mr. Lindsay said that the Twenty First Century Black Massachusetts event will take place this weekend. There will be "gavel to gavel" coverage that the Cambridge Cable Office will then edit and screen. Councillor Simmons said that she would be very interested in seeing discussions about gay marriage on Cable T.V.

Councillor Simmons said that she is also very interested in further discussion of the first tier of service. She asked if the first tier is basic service; Mr. Lindsay said yes. Mr. Donovan, Director of Operations for CCTV, said that it is a legal requirement under federal law.

Councillor Simmons said that Councillor Davis had expressed interest in "e-neighborhoods", and asked for more information about this concept. It was agreed that the issue would be held for the next agenda so that Councillor Davis could take part in the discussion.

Councillor Simmons moved the discussion to the Democratic National Convention (DNC). Her question is how to take Buy Cambridge Initiative (BCI) and make it ongoing. She would like to know whether there could be a kickoff media event or program.

Mr. Lindsay said that the Cable Office is looking at making four short spots on Cambridge art and culture, history, dining and entertainment opportunities to run in the hotels on the Council delegates’ channel to encourage delegates’ exploration of Cambridge. Councillor Murphy said that the DNC requires all of the hotels to have an information kiosk in the hotels and asked whether Cambridge information could be put on these kiosks. Councillor Simmons said that the idea is for the DNC and beyond to develop effective ways of promoting Cambridge businesses.

Mr. Lindsay said that it would be good to have some kind of consistent tagline to tie it all together. Suggestions included "City Scenes", "Harvard and Beyond" and "The Left Bank".

It was agreed that Councillor Simmons and Councillor Murphy would meet with Ms. Sullivan about coordinating this initiative with Comcast for access.

Dhonyale Jones, Municipal Cable TV Office, asked how to decide what restaurants would be featured. Councillor Murphy said that if the approach is fairly generic, the spot could then direct people to the Office for Tourism’s information about restaurants.

Councillor Simmons asked John Donovan, Director of Operations for CCTV, what CCTV is doing with regard to the DNC. Mr. Donovan said one of the most popular shows on CCTV is Democracy Now, and CCTV is trying to find a way for that show to go live at the DNC. Democracy Now is a nationally syndicated news program from an alternative news perspective. They are trying to find a way to get a satellite uplink.

Councillor Simmons said that it is worth looking into some kind of partnership that gives Cambridge the opportunity for live broadcasting of community events for at least 5 to 6 times a year, for example, for the CRLS Thanksgiving football day.

Councillor Murphy said perhaps we could approach this by making a "wish list" of what technical additions and improvements would enhance community benefit. Mr. Donovan said that long term, something more like a micro wave or INET that could provide short distance live capability would make sense.

Councillor Murphy asked how much that would cost. Mr. Donovan said that he did not know. Councillor Simmons suggested bringing information about what kind of increased capacity for live broadcast, municipal cable and CCTV could use to the next meeting.

Mr. Donovan said that more conversation about shared wires would be useful. CCTV shares some programming through the wire that connects Somerville. CCTV would like a technical solution to be able to get Boston Neighborhood Network News. He said that Comcast owns all of the cables, but they do not have the interest in facilitating programming that does not add to their bottom line. Councillor Simmons said that the issue for this committee is community benefit.

Councillor Simmons said that the week of May 17, which is when same sex couples can apply for marriage licenses at City Hall and get married, will be very busy and asked what programming Cable TV, both CCTV and Municipal TV, will provide. Mr. Lindsay said that they will cover May 17th’s activities.

It was agreed that the next meeting will be on Tuesday, April 13 at 8:30 A.M.. Councillor Simmons noted that this committee needs to have a meeting on utilities.

She thanked those present for their attendance for their participation. The meeting was adjourned at nine o’clock and twenty-six minutes A.M.

For the Committee,
Councillor E. Denise Simmons, Chair

Committee Report #2
The Ordinance Committee held a public hearing on March 31, 2004, beginning at five o’clock and forty-three minutes P.M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposal to amend the zoning in Cambridgeport along Memorial Drive.

Present at the hearing were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr. Co-Chairs of the Committee, Councillor Henrietta Davis, Councillor Brian Murphy and City Clerk D. Margaret Drury. Also present were Deputy City Solicitor Nancy Glowa, Lester Barber, Director of Zoning and Land Use for the Community Development Department, CDD, Stuart Dash, Director of Community and Neighborhood Planning, CDD, Taha Jennings, Neighborhood Planner, CDD.

Councillor Reeves convened the hearing and explained the purpose. He invited the Community Development Department staff to begin. Stuart Dash, Director of Community and Neighborhood Planning, CDD, introduced himself, Lester Barber, Director of Zoning and Land Use for CDD and Taha Jennings, Neighborhood Planner, CDD and requested that Mr. Jennings discuss the proposal. Mr. Jennings explained that the proposal would implement the land use recommendations in the Cambridgeport Neighborhood Study. The affected areas were the subject of analysis and discussion during the Cambridge Neighborhood Study update, which was completed in March 2003. Additional public discussions were held in August and October 2003 between CDD, residents of Cambridgeport and property owners of the affected area. The current proposal includes some revisions that resulted from the additional discussions.

Mr. Barber then discussed the specifics of the zoning, and distributed summaries of the proposed charges (Attachment A). Councillor Reeves asked about Special District 13. Mr. Barber explained that it was part of the recent Riverside rezoning. No additional change is proposed in this petition. Councillor Reeves asked how it differs from Area 5, which it abuts. Mr. Barber said that they are generally the same, with a few differences.

Councillor Davis asked what the rationale is for Area 5 not having the same zoning district designation as Special District 13, the Riverside district at Western Avenue between Blackstone and Memorial Drive. Mr. Barber said that the height limits are very similar, the drafters were simply choosing an office district. The heights are fairly comparable, within a range of ten feet or so.

Councillor Reeves asked whether, if the building in Area 5 were torn down, it could be replaced by a higher building. Mr. Barber said a new building could be about as high but only half as wide with more restrictive set back requirements.

Councillor Reeves then moved to public comment.

Jane Jones, Senior Project Manager, Homeowners Rehab, Inc. (HRI), expressed concern regarding possible unintended consequences. HRI owns the affordable housing development at 808 Memorial Drive. The affordable units are subsidized by the market rate commercial part of the property. The proposed charges would restrict the commercial use by making it a nonconforming use. HRI would like to be able to maintain the current uses of "as – of – right".

Robert LaTremouille, 875 Massachusetts Avenue, commended the Chairs on starting at 5:30 when working people can attend. He then outlined his problems with the proposal. Special permits are nonsense, fake protections.

Priscilla Lopes, 808 Memorial Drive, president of the Resident Association, stated that the proposed rezoning could cause rent increases by impacting the commercial property.

Eli Yarden, 143 Pleasant Street, discussed the issues that came up at the Planning Board. He said that the 808 Memorial Drive issue could be accommodated without going back to the current zoning. CDD worked very well with the residents on this zoning. However, there is an issue with Area 8. There is a missing piece of needed city street between Gordon Place and Florence Street.

James Rafferty, 187 Concord Avenue, stated that he is an attorney representing the Sage family, owners of the Radisson Hotel, located in Area 3 and Area 4. The property owners have filed a written objection to the proposed zoning. Their chief objection is the effect that reducing the FAR would have on the potential to create residential uses on their site. They would like the zoning to be Residential C-3, just as is recommended for 808 Memorial Drive, which could allow for more affordable housing. He expressed their willingness to work cooperatively to achieve re-zoning. Councillor Reeves said that if there are particular proposals for housing it would be good to make them. Mr. Rafferty said that these are future plans; right now the site is a hotel.

Mr. Miroff discussed his concern about the effect on the ability of the hotel to redevelop the site.

Stash Horowitz, 12 Florence Street, Cambridgeport Neighborhood Initiative and the Association of Cambridge Neighborhoods, submitted a copy of a newspaper article entitled "Let Citizens Manage Growth" (Attachment B). He expressed confidence that the Sages’ issues can be worked out, perhaps through a variance. He said that he is pleased that the retail is retained. Trader Joes has been a good neighbor. His is also pleased that the number of curb cuts will be regulated. This zoning has the support of the residents.

Karen Carmean, 1657 Cambridge Street, emphasized the importance of protecting the Charles River for the public benefit.

Robb Johnson, Allston Street, said that the zoning for the hotel site should be different from 808 Memorial Drive because it is much closer to a Residence C zone; it should not be built as high as the 808 building, which is further away from lower density residential zones. He also said 808 should not stay as an Office 3 zone, perhaps an Office 2 zone could solve the problem. Mr. Barber said that the 0-2 zone only applies to Alewife; it has transition requirements that are only applicable in that particular area. However, he noted that the overlay does provide for a forty-five foot height limit.

Kathy Podgers, Pearl Street, said that no one group in Cambridgeport represents all the residents. She is concerned about the fact that there is no parking along Memorial Drive because there should be parking to provide handicapped access to the Charles River. The second problem is that as the city moves more to garage parking, there are fees for handicapped parking, and this cost provides another barrier.

Councillor Davis thanked the CDD staff for their work on these issues.

It was agreed without objection that the petition could remain in committee.

Councillor Reeves thanked all those present for their participation. The hearing was adjourned at six o’clock and forty-five minutes P.M.

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

Committee Report #3
The Ordinance Committee held a public meeting on March 31, 2004, beginning at six o’clock and fifty-five minutes P.M. in the Sullivan Chamber for the purpose of considering proposed amendments to the Zoning Ordinance to effectuate the proposed Tree Protection Ordinance and continuing to consider the proposed Tree Protection Ordinance.

Present at the hearing were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Co-Chairs of the committee, Councillor Henrietta Davis, Councillor Brian Murphy, and City Clerk D. Margaret Drury. Also present were Lisa Peterson, Commissioner of Public Works, Nancy Glowa, Deputy City Solicitor, Charles Sullivan, Executive Director of Historical Commission, Lester Barber, Director of Zoning and Land Use for the Community Development Department (CDD), Stuart Dash, Director of Community and Neighborhood Planning, CDD, Greg Garber, Superintendent of Parks, Department of Public Works (DPW), Kelly Ryder, City Arborist, DPW.

Councillor Toomey convened the hearing and explained the purpose. At his request, Deputy City Solicitor Nancy Glowa briefly described the Tree Protection Ordinance. She said that the "Tree Ordinance" would apply widely throughout the city. In retail, office, industrial and institutional areas, any project of 25,000 square feet or more would be required to implement a "Tree Protection Plan" approved by the City Arborist. That approved "Plan" would be a condition of the issuance of any building permit authorizing the new construction. The affected areas are those same retail, office, industrial and high-density residential zoning districts where the site plan and project review requirements of Sections 19.20 and 19.50 of the recently adopted Citywide Zoning Ordinance are imposed. Where a special permit is required under these sections, the Planning Board would be authorized to impose conditions based upon the Tree Protection Plan and the recommendations of the Arborist, but only after a public hearing at which interested persons could express their views on any such conditions. Two limited commercial areas, at the Kendall Square Urban Renewal area’s Cambridge Center and University Park near Central Square, would not be subject to the "Tree project review procedures.

In the residential neighborhoods of the city, the same "Tree Protection Plan" would be required where multifamily or townhouse developments needing special permit from the Planning Board are proposed. In the Residence B and Residence C zoning districts that special permit is required for any proposed project of six or more new housing units. The Residence B district is found principally in North and West Cambridge; Residence C district is found in Cambridgeport. In the Residence C-1 zoning districts found in Mid-Cambridge, Riverside, and East Cambridge, a special permit is required where twelve or more new housing units are proposed on a lot. The special permit requirements would not apply to projects of the Affordable Housing Trust or other qualified projects for the construction of low and moderate-income affordable housing.

Lester Barber, Director of Land Use and Zoning, CDD, then described the proposed amendments to the Zoning Ordinance that would accompany the proposed Tree Protection Ordinance. There are four amendments, three of which make changes to Article 19 – Project Review. In Section 19.24, the amendment adds a Tree Study, certified complete by the City Arborist, to the project review application procedures. In Section 19.33 (city environmental objectives) a new paragraph is added to read as follows: "(10) The creation of a Tree Protection Plan that identifies important trees at a site, encourages their protection and provides for adequate replacement of trees lost to development on the site". In section 19.51.2 - Applicable Construction (as of right building and site plan requirements for projects of 25,000 – 30,000 square feet), a requirement for a Tree Study is added toe the requirements for applications for building permits subject to this section. The fourth amendment would change Section 10.47.1 (application requirement for Townhouses and Multi-family Dwellings special permits) to add a Tree Study to applications subject to this section.

Councillor Reeves asked for an update of the tree canopy assessment. Ms. Peterson said that the study has been completed, but that the data compilation is being done by the CDD and is not yet finished. She expects to see the data with in a few months. Ms. Peterson will check on the timeline for completion of the data compilation.

Councillor Davis asked Mr. Barber to identify the smallest residential lot that would be affected. Mr. Barber said that a lot with six units would be affected in a Residential B Zone and with twelve or more units in a Residential C Zone. Mr. Barber said that he researched special permit applications over the last two years. There were nineteen applications for special permits. Of these, fifteen would have been subject to the Tree Protection Ordinance, and only two were in residential districts. This is mostly a provision that will affect non residential districts.

Councillor Davis noted the replacement requirements. The idea was not to make them onerous, but to simply try to protect the existing amount of tree coverage in development situations. She asked about the Historical Commission’s view of the ordinance. Charles Sullivan, Executive Director of the Historical Commission, said that the Historical Commission protects one historical tree at 1610 Massachusetts Avenue and believes that the Historical Commission’s ability to protect historically significant trees is an important component of protecting trees in Cambridge.

Councillor Reeves asked about the rationale for the two exceptions. Mr. Barber explained that the Ordinance protects trees by requiring tree protection plans for development subject to project review under Article 19. The project review provisions of Article 19 do not apply to the MXD district in Kendal Square or to University Park, probably because these districts have been almost fully built out under different master plan provisions in the ordinance. He added that perhaps in the future, the Council will want to add tree protection provisions for these districts but there have been extensive tree plantings part of the development of these areas.

In response to a question from Councillor Reeves, Mr. Barber emphasized that the Tree Protection Ordinance does not apply to individual homeowner’s lots.

Councillor Toomey moved to public comment. Robert LaTremouille, 875 Massachusetts Avenue, said that the proposed Zoning turns what might have been a rather silly ordinance into a destructive ordinance because of the Planning Board’s power to exempt projects. The City administration has destroyed many, many trees all over the City.

Robb Johnson, 343 Allston Street, spoke in support of the ordinance.

Elie Yarden, 143 Pleasant Street, Co-Chair of the Cambridgeport Neighborhood Initiative, submitted an article written in The Pentagon Report of climate change (Attachment A). He emphasized that Cambridge cannot be a sustainable city without oxygen and urged adoption of the ordinance.

Keren Schloming, 3 Irving terrace, said that the ordinance only protects "significant trees" that are eight inches in diameter at breast–height. It in not an inch-by-inch replacement. After 5 years during which other communities such as Lexington, Newton and Lowell have earmarked much more significant protections, Cambridge has not acted. Although this ordinance is not enough, it should be adopted.

Sam Seidell, 48 Maple Avenue, stated that he is a member of the Conservation Commission and spoke in support of the proposed ordinance.

Kathy Podgers, Pearl Street, said that she lives on Pearl Street in a neighborhood with large buildings that could be converted to six condominium units, and so would be covered by the proposed ordinance. This ordinance would affect part of the individual citizen’s bundle of rights. Trees also can cause asthma attacks. Most communities do not protect trees on private property. Real tree protection organizations focus on protections of woodlands. She submitted written testimony as well (Attachment B).

Karen Carmean, 1657 Cambridge Street spoke in support of the ordinance as a small important step. It allows the developer choices.

Stash Horowitz, 12 Florence Street, spoke in support of the ordinance. He reported that at the March 17th meeting of Association of Cambridge Neighborhoods, the group voted unanimously to support the ordinance.

Ellen Mass, Inman Street, spoke in support of the proposed ordinance. She noted the importance of trees in climate control. The ordinance would have a great effect on Cambridge.

Councillor Murphy said that this issue has been pending for a long time and it is important to take action on it.

Councillor Reeves asked Ms. Glowa for copies of the Lexington, Newton and Lowell Tree Protection Ordinances and asked Ms. Peterson for the canopy study with at least some data from the study.

It was agree without objection that the Tree Protection Ordinance and the proposed zoning amendments to accompany the ordinance would remain in committee.

Councillor Toomey thanked all those in attendance. for their participation and on a motion of Councillor Davis the hearing was adjourned at seven o’clock and forty-three minutes P.M..

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

Additional Attachments
Attachment C – Email letter from Louise Weed
Attachment D – Written testimony from Lenore Monello Schloming on behalf of SPOA