CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-132, regarding traffic calming on Cushing Street.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-131, regarding a report on re-siting a drug store at the former location of Huron Drug.

3. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Weed, et al Rezoning Petition to change that area now zoned Residence C-1, to Residence A-2.

4. Transmitting communication from Robert W. Healy, City Manager, relative to a revised version of the proposed amendment to the text of Section 20.100 of the Zoning Ordinance relating to the Massachusetts Avenue Overlay District submitted by the Planning Board.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a request to authorize the disposition of an aerial easement for a permanent canopy structure to be placed at the front of premises located at 350 Third Street in Kendall Square and authorize the diminution of the full disposition process.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer from the General Fund Reserve Other Ordinary Maintenance Account for $2,725 to the Public Celebrations Other Ordinary Maintenance Account for the purpose of funding license agreements with three companies which would license public performances of renditions of musical compositions in the repertory of these companies.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-119, regarding a report on sidewalk snow removal program, specifically the provisions for non-income eligible residents and income eligibility requirements

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-07, regarding the timing of the traffic lights at the intersection of Rindge Avenue and Route 16.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $670 from the General Fund Public Celebrations Department Travel and Training account to the Public Celebrations Other Ordinary Maintenance account for the purchase of general and administrative supplies to support Arts Council activities.

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

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

3. Placed on Table on the motion of Councillor Simmons on April 11, 2005 on an order adopted relative to a communication from Robert W. Healy, City Manager, transmitting a recommendation from the License Commission to deny a jitney license application from Nautical Tours, Inc.

4. Placed on Table on the motion of Councillor Toomey on May 9, 2005 on an order requesting the City Solicitor draft a home rule petition to amend the City Charter to provide for popular election of the Mayor in the next municipal election.

UNFINISHED BUSINESS
5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on November 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after February 14, 2005. [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.]

6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on March 9, 2005 for the purpose of considering proposed amendments to Section 6.12 of the Zoning Ordinance regarding the requirement for providing parking in existing buildings with new additions and/or new uses. The question comes on passing to be ordained on or after April 18, 2005. Planning Board hearing held April 5, 2005. Planning Board Report received May 9, 2005. Petition expires June 7, 2005.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an order for the appropriation and authorization to borrow $2,000,000 for the renovation of several City buildings including City Hall, Coffon Building, Senior Center, and Area IV Youth Center. The question comes on adoption on or after May 23, 2005.

8. Transmitting communication from Robert W. Healy, City Manager, relative to order for the appropriation and authorization to borrow $10,365,840 to continue sewer reconstruction projects in the Fresh Pond / Alewife, Harvard Square, Cherry Street / South Massachusetts Avenue, and Cambridgeport areas of the City. The question comes on adoption on or after May 23, 2005.

9. Transmitting communication from Robert W. Healy, City Manager, relative to an order for the appropriation and authorization to borrow $6,000,000 for the acquisition of a parcel or parcels of land and buildings thereon at a site for the West Cambridge Youth and Community Center. The question comes on adoption on or after May 23, 2005.

APPLICATIONS AND PETITIONS
1. An application was received from Phatt Boys, requesting permission for a sign at the premises numbered 50 Church Street. Approval has been received from Inspectional Services, Community Development Department, Historical Commission and abutters.

COMMUNICATIONS
1. A communication was received from Robert W. Varney, Regional Administrator, United States Environmental Protection Agency, regarding environmental issues should be a priority at municipal Departments of Public Works (DPWs).

2. A communication was received from Roy Bercaw, regarding city policy.

3. A communication was received from Kevin Hill, submitting copies of requests for documents on the negotiations with Riverside neighborhood residents, Harvard and the City Council.

RESOLUTIONS
1. Support for the Moving Vietnam Memorial Wall, at Everett Memorial Stadium from July 2 - July 6, 2005 with viewing hours from 10:00am to 9:00pm.   Mayor Sullivan

2. Resolution on the death of Elizabeth Voto.   Councillor Toomey

3. Appreciation to the East Cambridge Savings Bank for its continued participation with Cambridge Rindge and Latin School in providing education and training to students interested in the banking field.   Mayor Sullivan

4. Resolution on the death of Robert A. Leary.   Mayor Sullivan, Councillor Maher, Councillor Galluccio

5. Resolution on the death of Sister Alberta Horrigan.   Mayor Sullivan

6. Congratulations to Reverend Brian Green on being elevated to Bishop at the Pentecostal Tabernacle.   Mayor Sullivan

7. Wishes for a speedy recovery to Senate President Robert Travaglini.   Mayor Sullivan

8. Resolution on the death of Robert K. Battle.   Mayor Sullivan

9. Support for the LEAP for ART Silent Auction on Thursday, May 19, 2005 from 6:00pm - 8:30pm at Genzyme, 500 Kendall Street, Cambridge.   Mayor Sullivan

10. Congratulations to WHERE Magazine on its 18th Annual Silver Plume Awards.   Mayor Sullivan

11. Congratulations to Betty Bardige on her new book, At A Loss For Words: How America Is Failing Our Children and What We Can Do About It and proclaim Tuesday, June 7, 2005 as Betty Bardige Day in Cambridge.   Mayor Sullivan, Vice Mayor Decker

12. Resolution on the death of Lance Corporal Michael Postal.   Vice Mayor Decker

13. Resolution on the death of Sergeant Aaron Cepeda, Sr.   Vice Mayor Decker

14. Resolution on the death of Lance Corporal Lawrence Philippon.   Vice Mayor Decker

15. Resolution on the death of Sergeant Gary Eckhert, Jr.   Vice Mayor Decker

16. Resolution on the death of Corporal Dustin Derga.   Vice Mayor Decker

17. Resolution on the death of Sergeant Stephen Saxton.   Vice Mayor Decker

18. Resolution on the death of Lance Corporal Lance Graham.   Vice Mayor Decker

19. Resolution on the death of Sergeant Michael Marzano.   Vice Mayor Decker

20. Resolution on the death of Staff Sergeant William Brooks.   Vice Mayor Decker

21. Resolution on the death of Captain Kelly Hinz.   Vice Mayor Decker

22. Resolution on the death of Petty Officer Third Class Jeffrey Wiener.   Vice Mayor Decker

23. Resolution on the death of Sergeant John McGee.   Vice Mayor Decker

24. Resolution on the death of Major John Spahr.   Vice Mayor Decker

25. Resolution on the death of Edward F. Sheehan, Jr.   Mayor Sullivan

26. Resolution on the death of Madeline M. Cardillo.   Mayor Sullivan

27. Resolution on the death of Anthony J. Janunas.   Mayor Sullivan

28. Support for the sixth annual Elder Fair in honor of Older Americans Month.   Mayor Sullivan

29. Congratulations to John Schmitt for his years of service to the children of Cambridge.   Vice Mayor Decker

30. Congratulations to the Vineyard Christian Fellowship of Cambridge, located at the former Our Lady of Pity Church on Rindge Avenue in North Cambridge, on its building dedication service on Saturday, June 4, 2005, 2:00pm - 4:00pm.   Councillor Galluccio

31. Congratulations to Kenya Pavon, Youth Activities Coordinator at the Gately Youth Center, for being honored by the Easter Seals for her work with the inclusion policy for children with disabilities and her commitment to all Cambridge youth.   Vice Mayor Decker

32. Congratulations to Jerry Bernardo, Program Director at the Gately Youth Center, on being honored by the Easter Seals for his work with the inclusion policy for children with disabilities, and for his commitment to all Cambridge youth.   Vice Mayor Decker

33. Congratulations to Meghan McCabe, Youth Center Director at the Gately Youth Center, for being honored by Easter Seals for her work with the inclusion policy for children with disabilities, and her commitment to all Cambridge youth.   Vice Mayor Decker

34. Congratulations to Kathy Bozzuti-Jones for receiving her Doctor of Philosophy degree in Christian Ethics from Boston College.   Councillor Reeves

35. Resolution on the death of Marguerite M. Mahoney.   Councillor Maher, Mayor Sullivan, Councillor Galluccio

36. Congratulations to Raibur Rahman on placing third in the Boston Society of Civil Engineers Section of the American Society of Civil Engineers 3rd Annual Ralph Salvucci Online Bridge Design Competition.   Mayor Sullivan

37. Congratulations to CASPAR, Inc. on its thirty-fifth anniversary.   Mayor Sullivan

38. Resolution on the death of John T. Mahoney, Jr. Mayor Sullivan

39. Resolution on the death of Annette T. Murphy.   Mayor Sullivan

40. Resolution on the death of Anthony J. Bongiorno.   Mayor Sullivan

41. Resolution on the death of Genevieve Moscatel.   Mayor Sullivan, Councillor Galluccio

42. Congratulations to the Harvard University Baseball Team on winning the 2005 Ivy League Baseball Championship.   Mayor Sullivan

43. Resolution on the death of Ann L. Martin.   Mayor Sullivan

44. Applauding the Senior Volunteer Award recipients and volunteer agencies that utilize their services at a Senior Recognition Award Ceremony on Tuesday, May 17, 2005 at 4:30 p.m. at the Citywide Senior Center.   Councillor Davis

45. Wishes for a speedy recovery to Holly Hatch.   Mayor Sullivan

46. Wishes for a speedy recovery to Carol Lawlor.   Mayor Sullivan

47. Congratulations to Denise Scott Brown on receiving the 2005 Radcliffe Institute Medal.   Mayor Sullivan

48. Congratulations to the Class of 2005 North Cambridge Catholic High School.   Mayor Sullivan

49. Welcome to Eleanor Clift, contributing editor of Newsweek Magazine, the keynote speaker at the Ninth Annual Eleanor Roosevelt Celebration of the Declaration of Universal Human Rights.   Mayor Sullivan

50. Happy Birthday wishes to Councillor Henrietta Davis and Lena James.   Councillor Simmons, Councillor Galluccio

51. Happy Birthday wishes to Lena James.   Councillor Simmons, Councillor Galluccio

ORDERS
1. Support for Utility Workers Local 369 in their negotiations with NSTAR.   Councillor Murphy

2. The City Manager is requested to confer with the Public Works Commissioner, the Director of the Traffic, Parking and Transportation Department and the Assistant City Manager for Community Development to develop and implement a traffic calming plan for River Street as soon as possible.   Councillor Reeves

3. The City Manager is requested to confer with the Police Commissioner with the view of increasing enforcement of speed limits and other traffic laws on River Street.   Councillor Reeves

4. The special committee appointed by the City Manager to assist property owners with increasing property taxes is requested to consider the steps necessary to implement an assessment cap that would cap at 10% annually the property taxes on a home and also requested to consider recommending an immediate doubling of the senior exemption.   Councillor Reeves

5. The special committee appointed by the City Manager to assist property owners with increasing property taxes is requested to include in its recommendations that the City take steps to inform senior taxpayers that with appropriate language in the trust document they can maintain their owner occupied senior exemption after they have put their home in a trust.   Councillor Reeves

6. The City Manager is requested to instruct the Department of Public Works plant to plant more flowers at Vellucci Park.   Mayor Sullivan

7. The City Manager is requested to instruct the appropriate department to install signage on Massachusetts Avenue which identifies the location of the Churchill Avenue Senior Housing Development.   Councillor Simmons, Mayor Sullivan, Councillor Murphy

8. The City Manager is requested to take appropriate steps to acquire the right-of-way that is being abandoned by the railroad called "Watertown Branch" which runs along the perimeter of Fresh Pond and creates an opportunity for a bike path and walkway.   Councillor Davis, Mayor Sullivan

9. Dedication of a plaque on a bench at the corner of Western Avenue and Massachusetts in honor of Richard Lee, Jr. Councillor Reeves, Mayor Sullivan

10. City Manager is requested to forward the draft proposal being prepared by the Pedestrian Committee on the height of fences to the Public Works, Inspectional Services and the Law Department for their recommendations; said recommendations be forwarded back to the Pedestrian Committee by the end of June.   Councillor Davis and Councillor Murphy

11. City Manager is requested to notify the Postmaster that there is no parking on sidewalks in the area around the Central Square Post Office.   Councillor Davis

12. City Manager is requested to arrange a meeting with the Law Department and the appropriate staff at the School Department to develop a plan for filing, investigating and settling claims filed by School Department employees.   Councillor Toomey

13. City Council approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of May 16, 2005 Claims Committee in the total sum of $2,849.53.   Councillor Toomey and Councillor Galluccio

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Marjorie C. Decker, Chair of the Health and Environment Committee, for a meeting held on March 29, 2005 to review the present status of the Massachusetts Contingency Plan for the W. R. Grace Alewife site on file with the Massachusetts Department of Environmental Protection, in particular W. R. Grace's proposed exit strategy and the community response.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Marjorie C. Decker, Chair of the Health and Environment Committee, for a meeting held on April 5, 2005 to discuss creating an advisory board for a "Healthy Living Campaign" that promotes physical activity as well as healthy eating.

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 April 6, 2005 for the purpose of considering a petition by Joan O’Connor et al. to amend the Zoning Ordinance to make the Mount Auburn Hospital Institutional District Zoning applicable to the Residence C-3 part of the hospital site as well as the Residence C-1 portion.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on April 6, 2005 for the purpose of considering a petition filed by Joanne Wilbert Weed et al. to amend the Zoning Ordinance to change the zoning from Residence C-1 to Residence A-2 in an area bordered by Willard Street, Foster Street, Sparks Street and the C-2 district along Mt. Auburn Street.

5. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on April 28, 2005 to discuss pedestrian priorities and any and all matters that may properly come before the committee.

6. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on May 10, 2005 to consider claims filed against the city.

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

Wed, May 18
4:00pm   The Ordinance Committee will conduct a public meeting to continue discussion on an amendment prepared in response to City Council Order #6 of November 22, 2004. The amendment would change Article 6 of the Zoning Ordinance to ensure that adequate parking is provided when new uses are accommodated in an existing building. This meeting to be televised.  (Sullivan Chamber)
4:45pm   The Ordinance Committee will conduct a public meeting to continue discussion on a petition filed by Joanne Wilbert Weed, et al., requesting an amendment to the Zoning Ordinance and Zoning Map to change a Residence C-1 District to Residence A-2 District, bordered by Willard Street, Foster Street, Sparks Street and the C-2 District along Mount Auburn Street. This meeting to be televised.  (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public meeting to continue discussion on a petition filed by Joan E. O'Connor, et al., requesting an amendment to the Zoning Ordinance to clarify the applicability of the Mount Auburn Hospital Institutional District to the whole of the site of the Mount Auburn Hospital, having an address of 330 Mount Auburn Street. This meeting to be televised.  (Sullivan Chamber)

Mon, May 23
4:00pm   2005 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, June 6
5:00pm   Special Presentation - Recognition of Just-A-Start/Cambridge Savings Affordable Housing Partnership  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 13
5:30pm   Roundtable City Council Meeting with the Cambridge Retirement Board. The purpose of the meeting is to receive an overview of the retirement system for municipal employees and a report from the Personnel Director on the opportunities available to city employees for additional retirement savings. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, June 14 
9:00am   The Public Safety Committee will conduct a public meeting to discuss issues relating to relocation of the Police Station.  (Sullivan Chamber)

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

Wed, June 22
4:30pm   The Ordinance Committee will conduct a public hearing on a proposed amendment to the text of Section 20.100 of the Cambridge Zoning Ordinance relating to the Massachusetts Avenue Overlay District from the Planning Board. This meeting to be televised.  (Sullivan Chamber)
5:30pm   The Ordinance Committee will conduct a public hearing on the Planning Board's proposed rezoning of the Concord Alewife area. This meeting to be televised.  (Sullivan Chamber)

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

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

Mon, Sept 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 26
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

Mon, Oct 31
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     May 16, 2005
COUNCILLOR MURPHY
RESOLVED: That this City Council go on record in support of Utility Workers Local 369 in their negotiations with NSTAR and urging NSTAR to focus on improving service and maintaining the deteriorating and dangerous electrical grid instead of seeking massive concessions from workers; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Thomas May, CEO of NSTAR on behalf of the entire City Council.

O-2     May 16, 2005
COUNCILLOR REEVES
WHEREAS: If there is a major thoroughfare in Cambridge that lends itself to traffic calming, that thoroughfare is River Street; and
WHEREAS: At rush hour, River Street from Memorial Drive to Central Square becomes a heavy traffic speedway which pedestrians must risk life and limb to cross; and
WHEREAS: The street really should receive prompt and appropriate attention from the City’s traffic calming team; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Public Works Commissioner, the Director of the Traffic, Parking and Transportation Department and the Assistant City Manager for Community Development to develop and implement a traffic calming plan for River Street as soon as possible.

O-3     May 16, 2005
COUNCILLOR REEVES
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner with the view of increasing enforcement of speed limits and other traffic laws on River Street.

O-4     May 16, 2005
COUNCILLOR REEVES
WHEREAS: A special committee has been appointed by the City Manager to consider all potential mechanisms to assist property owners who are having difficulties with the burdens of property taxes that are increasing as the value of property in Cambridge continues to rise dramatically; and
WHEREAS: These burdens fall especially heavily upon long term and elderly taxpayers who are often living on fixed incomes; and
WHEREAS: In Washington D.C., the local government has implemented an assessment cap which limits the annual increase to property taxes; now therefore be it
ORDERED: That the Special Committee be and hereby is requested to consider the steps necessary to implement an assessment cap that would cap at 10% annually the property taxes on a home; and be it further
ORDERED: That the Special Committee be and hereby is also requested to consider recommending an immediate doubling of the senior exemption.

O-5     May 16, 2005
COUNCILLOR REEVES
WHEREAS: A special committee has been appointed by the City Manager to consider all potential mechanisms to assist property owners who are having difficulties with the burdens of property taxes that are increasing as the value of property in Cambridge continues to rise dramatically; and
WHEREAS: These burdens fall especially heavily upon long term and elderly taxpayers who are often living on fixed incomes; and
WHEREAS: Currently, if seniors put their homes in a form of trust ownership, which many do as a part of estate planning, they lose their owner occupancy senior exemption unless the trust is worded in such a way as to provide that the seniors retain an ownership interest; now therefore be it
ORDERED: That the Special Committee be and hereby is requested to include in its recommendations, the recommendation that the City take steps to inform senior taxpayers that with appropriate language in the trust document, they can maintain their owner occupied senior exemption after they have put their home in a trust.

O-6     May 16, 2005
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to instruct the Department of Public Works to plant more flowers at Vellucci Park.

O-7     May 16, 2005
COUNCILLOR SIMMONS
MAYOR SULLIVAN
COUNCILLOR MURPHY
ORDERED: That the City Manager is requested to instruct the appropriate department to install signage on Massachusetts Avenue which identifies the location of the Churchill Avenue Senior Housing Development.

O-8     May 16, 2005
COUNCILLOR DAVIS
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to take appropriate steps to acquire the right-of-way that is being abandoned by the railroad called "Watertown Branch" which runs along the perimeter of Fresh Pond and creates an opportunity for a bike path and walkway.

O-9     May 16, 2005
COUNCILLOR REEVES
MAYOR SULLIVAN
ORDERED: That the City Council dedicate a plaque on a bench at the corner of Western Avenue and Massachusetts Avenue in memory of Richard Lee, Jr.; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the plaque.

O-10     May 16, 2005
COUNCILLOR DAVIS
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to forward the draft proposal being prepared by the Pedestrian Committee on the height of fences to the Public Works, Inspectional Services and the Law Department for their recommendations; said recommendations be forwarded back to the Pedestrian Committee by the end of June.

O-11     May 16, 2005
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to notify the Postmaster that there is no parking on sidewalks in the area around the Central Square Post Office.

O-12     May 16, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to arrange a meeting with the Law Department and the appropriate staff at the School Department to develop a plan for filing, investigating and settling claims filed by School Department employees.

O-13     May 16, 2005
COUNCILLOR TOOMEY
COUNCILLOR GALLUCCIO
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of May 16, 2005 Claims Committee in the total sum of $2,849.53.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Health and Environment Committee held a public hearing on March 29, 2005, beginning at four o’clock and twenty-five minutes P.M. in the Sullivan Chamber. The hearing was held for the purpose of reviewing the present status of the Massachusetts Contingency Plan for the W. R. Grace & Co Alewife Site on file with the Massachusetts Department of Environmental Protection, in particular W. R. Grace’s proposed exit strategy and the community response.

Present at the hearing were Vice Mayor Marjorie C. Decker, Chair of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, Councillor David P. Maher, Councillor Kenneth E. Reeves, and City Clerk D. Margaret Drury. City administrative staff present were Susanne Rasmussen, Director of Environmental and Transportation Planning for The Community Development Department, and Sam Lipson, Director of the Environmental Health Unit of the Cambridge Department of Public Health.

Vice Mayor Decker convened the hearing and explained the purpose. She invited the Alewife neighbors to present their concerns.

Denise Guerin, 124 Montgomery Street, President of Alewife Neighbors, Inc., began the presentation. She stated that the neighbors are here to provide information as to why the City Council should support continuation of oversight by the Massachusetts Department of Environmental Protection (DEP). She began with an overview of the presentation to follow. She stated that the W. R. Grace Alewife site is one of the most heavily laden with asbestos of all of their asbestos contaminated sites. She emphasized that this site is a Cambridge issue, not a North Cambridge issue.

Mark Roberts stated that he is an environmental attorney working on behalf of Alewife Neighbors. He submitted a copy of a letter commenting on W. R. Grace’s proposal (Attachment A). He said he would discuss the Massachusetts Contingency Plan (MCP) process and the Activity and Use Limitation (AUL). When the Massachusetts Contingency Plan process started in 1994, there were different regulations regarding asbestos levels, mostly because of technical limitations. The DEP is about to issue new regulations regarding asbestos. W. R. Grace wants to file immediately and argue that the property is not subject to new regulations released after its filing. There needs to be an explicit mandate of review of the Activity and Use Limitation in light of the new Massachusetts Environmental Protection asbestos regulations that are coming out.

Mr. Roberts noted that there are two kinds of Response Action Outcomes, one in which the use limitation established in the Response Action Outcome (RAO) eliminates all risk and one in which the property continues to present some contamination risk. Such that there is a need for continuing review, and the property is still subject to changes in the regulations. In the case of the Alewife property, there is a clear need for continuing review of any proposed soil disturbance. W. R. Grace has not fully delineated the contamination and has not developed a conceptual site map of how the asbestos got there. W. R. Grace states they do not know how the asbestos got there.

Mr. Roberts said that the W. R. Grace proposal for the Activity and Use Limitation is for a 6" soil cap. However, if, as is documented at this site, in some areas the asbestos is only 3" below the ground, the six-inch cap is not adequate protection. The proposed Activity and Use Limitation also lacks any delineation of a plan for owner inspection, monthly monitoring, etc. Small excavations are not included. The proposal does not address several related contamination issues, such as the condition of Substantial Release Migration associated with impacted ground water entering the MBTA tunnel. The proposed Activity and Use Limitation only focuses on asbestos. But there are naphthalene and other petroleum products at high levels of concentration.

He noted that although the opinion of the Licensed Site Profession (LSP) supports the proposed Activity and Use Limitation, the data in the report contradicts the conclusion. For example, the report notes the finding of asbestos in places where one would not expect it if it were only from the sources sampled and analyzed.

Mr. Roberts explained that after the Massachusetts Department of Environmental Protection accepts a Response Action Outcome with an Activity Use Limitation, when W. R. Grace wants to do soil disturbing work W. R. Grace just needs to file a Release Abatement Measure (RAM) with the Massachusetts Department of Environmental Protection and then can start soil disturbing work immediately. So once the Response Action Outcome has been accepted there is a very real risk of not having the hearing required by the Cambridge Asbestos Ordinance.

The next speaker on behalf of the Alewife Neighbors, Inc. was Kevin Trainer, Licensed Site Profession at Geo Insight. He distributed a copy of his report (Attachment B), and discussed it. He emphasized the need for a conceptual site model, which is the professional’s idea of where the contamination came from and where it migrated. This is a very large site. Without thinking about where the sources could have been, it is extraordinarily difficult to devise appropriate risk limitation strategies. The standard practice is moving towards requiring a conceptual site model, although the Massachusetts Department of Environmental Protection is not yet requiring it. Mr. Trainer said that, in addition, the leaking ground water into the MBTA tunnel should be addressed, as well as the lingering issues of naphthalene.

David Borrus, 126 Harvey Street, member of Piledrivers Local 56, stated that he has worked on many sites contaminated with hazardous materials. He teaches how to work safely in these conditions. Asbestos is highly hazardous; it is a stick-like fiber, very light and easy to get airborne. The prevailing winds come from the west on this site. Most of the hazardous material sites he has worked on are not adjacent to a playing field and a school, as the W. R. Grace site is.

Madui Patel, North Cambridge, stated that she is the mother of two children, ages 4 and 8, and that they live very close to W. R. Grace. She stated that she is Chair of the Advisory Board for the Center for Families in North Cambridge, which has the highest density of children age 5 and under. She said that her former work was as a scientist at Harvard Medical School, and she cannot take asbestos lightly. W. R. Grace held a public meeting on this matter just before Christmas, so it is understandable that public attendance was low and does not indicate lack of concern in the neighborhood. She is here to request the active concern and involvement of the City Council.

Michael Nakagawa, Cambridge, stated that what W. R. Grace is trying to do is get an RAO. The have not done anything with the asbestos. They say that they do not have development plans, although they acknowledge there would be a risk to the community if there were a development. If they get the RAO, then if they do development in the future, they would only have to file a RAM. This would not be an appropriate action. An RAO at W R. Grace should be a temporary solution, given their history of development plans. Public notification ends with the RAO. Whatever the neighbors do not get in writing before the RAO is accepted, they can be sure they will not get later.

John Doucett, 68 Jackson Street, said that his family has lived in the neighborhood since the 1920’s, on Harvey Street. The site used to be owned by Dewey and Almy. The question is what level of risk is acceptable risk and who is defining the risk. For his grandparents, the risk was acceptable. His Aunt Ethel died at age 54, his Aunt Diane, mother of nine, died a few years later at age 54. There is a human price to pay and his family has paid it.

Vice Mayor Decker asked Jack Miano, an Environmental Engineer for the Massachusetts Department of Environmental Protection, how the state is responding to this site and how the neighbors will be protected. She noted that W. R. Grace is not just any company; it is a company with a record.

Councillor Galluccio said that he would like to hear more about why the city’s ordinance would not provide protection.

Mr. Miano said that he would like to emphasize that the Cambridge ordinance always exists as a separate protection. Mr. Miano stated that the DEP is constrained by its present rules and regulations. In Class A or B (permanent solution) RAOs, there is generally not a problem that the DEP not still involved. A permanent solution has been achieved.

Where the property is Class A-3 permanent solution (that is, RAO with an AUL), where there will be continuing significant risk, there are regulations that would require submission of a Risk Abatement Measures (RAM) plan. However, it is not clear that the Department of Environmental Protection will review the RAM plans. There is no requirement for review, but currently the DEP does review them.

Mr. Miano said that with the requirement to submit a RAM plan, there is some requirement of public notification and the City must also be notified in advance. Vice Mayor Decker asked how much in advance the City must be notified, and Mr. Miano stated that he thinks it would be ten days for the City.

Vice Mayor Decker asked under current regulations what can the City do? Mr. Miano said that any time any action occurs there must be adequate air monitoring, and dust control, such that there is no visible dust.

Vice Mayor Decker asked Mr. Roberts to respond. Mr. Roberts stated that he is not aware of a ten-day community notification requirement. With regard to adequate dust control, he is not sure whether normal monitoring settings would be adequate on this site.

Councillor Galluccio asked Mr. Miano why this company’s past actions would not be a big factor in deciding whether to release the company. Mr. Miano said that where the past practices of any potentially responsible property owner form a pattern, the DEP does use the information in making decisions. But with regard to a RAO past history does not come into play because there are very strict and technical requirements, many of them mathematical.

Vice Mayor Decker submitted the following three motions:
WHEREAS: North Cambridge residents have spent a great deal of money and time to develop 40 recommendations for the Department of Environmental Protection to consider in evaluating and responding to W. R. Grace’s submission of a draft Response Action Outcome Statement and Risk Characterization (RAO); now and therefore be it
RESOLVED: That the Cambridge City Council go on record urging the Department of Environmental Protection to respond to and to incorporate the residents’ recommendations into its response to the draft RAO; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Romney, the Executive Secretary of the Department of Environmental Protection, the Massachusetts Delegation of U. S. Representatives, and the Cambridge legislative delegation to the State House on behalf of the entire City Council.

RESOLVED: The Department of Environmental Protection is requested to ensure that any Activity and Use Limitation include a mechanism for notification of the community prior undertaking an Intrusive Activity.

WHEREAS: The Health and Environment Committee of the Cambridge City Council is currently considering the issues relative to W. R. Grace’s submission to the Massachusetts Department of Environmental Protection (DEP) of draft a Response Action Outcome Statement and Risk Characterization (RAO) and end DEP oversight of the contaminated Alewife site; and
WHEREAS: The Health and Environment Committee held a hearing on March 29, 2005 and will hold another hearing in the very near future and will forward its findings to the full City Council; now therefore be it
RESOLVED: That the City Council go on record requesting the Department of Environmental Protection to defer its response to the W. R. Grace request to enable the Health and Environment Committee to finish its hearings and submit its recommendation to the full City Council and thereafter to the Department of Environmental Protection; and be it further

The motions passed in a voice vote without objection. The motions subsequently appeared as proposed orders on the April 4, 2005 City Council agenda and were adopted by the City Council.

Vice Mayor Decker and Councillor Galluccio submitted the following motion:

WHEREAS: W. R. Grace has filed a draft Response Action Outcome Statement and Risk Characterization, seeking to end oversight of its Alewife contaminated property by the Department of Environmental Protection; and
WHEREAS: W. R. Grace has an extraordinarily extensive and well-documented history of contaminating sites and concealing and contamination; now therefore be it
RESOLVED: That in consideration W. R. Grace’s request, the Department of Environmental Protection take explicit account of W. R. Grace’s Alewife contaminated property and responsibility for contamination at Libby, Montana, Woburn, Massachusetts and five other Superfund sites in Massachusetts.

The motion passed on a voice vote without objection. The motion subsequently appeared as a proposed order on the April 4, 2005 agenda and was adopted by the City Council.

Mr. Miano stated that he is in the process of reviewing the draft RAO submitted and he has the residents’ comments (Attachment C). He agrees with many of them. There is a requirement in the DEP regulations governing the MCP process to submit an RAO. Typically the timing for submission of the RAO is 5 years from the beginning of the MCP process. The level of involvement that this site gets from the DEP is more than any other site, because the community needs that involvement.

Vice Mayor Decker invited Susanne Rasmussen, Director of Environmental and Transportation Planning, Community Development Department, to respond to the questions raised during the hearing. Ms. Rasmussen said that Russell Field was tested very extensively and it was determined that the topsoil was high quality and clean and should be kept and reused. That is why there is a mountain of topsoil in the middle of Russell Field. The contractor for the renovations of the field is required to ensure that no soil is leaving the site. If there is blowing soil, neighbors should contact the City. Even though the asbestos on Russell Field has been excavated and removed, the contractor is required to monitor the perimeter of the site.

Mr. Lipson, Cambridge Department of Public Health, said that the City’s ordinance is completely independent of the state and will continue to be enforced. Mr. Lipson stated that his office will be submitting comments regarding the proposed AUL to the Massachusetts Department of Environmental Protection as well. Getting protections written into the AUL will go far towards providing protection to the community. This is not something the Massachusetts Department of Environmental Protection can require, but W. R. Grace could go a long way toward establishing goodwill if they were to agree to incorporate such requirement into the AUL.

Councillor Maher stated that he would be interested in hearing if there are changes to the ordinance to make it better protection for the neighborhood and more enforceable.

Robert F. Jenkins, Vice President of Engineering and Manufacturing, Grace Performance Chemicals, W. R. Grace & Co., informed the committee that he would like the opportunity to speak at the next meeting on this topic.

Vice Mayor Decker thanked the all those present for their participation, especially the neighbors and Mr. Miano.

Councillor Davis thanked the neighbors for their level of preparation. She invited city staff to tell the City Council if there are other things that the City Council can do to ensure the best protection possible for the community.

The meeting was adjourned at six o’clock and fifteen minutes P. M.

For the Committee,
Vice Mayor Marjorie Decker, Chair

Committee Report #2
The Health and Environment Committee held a public meeting on April 5, 2005, beginning at ten o’clock and fifteen minutes A. M. in the Sullivan Chamber.

The purpose of the meeting was to discuss creating an advisory board for a "Healthy Living Campaign" that promotes physical activity as well as healthy eating.

Present at the meeting were Vice Mayor Marjorie C. Decker, Chair of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, and City Clerk D. Margaret Drury. City administrative staff present were Eileen Keegan, Division Head of Community Schools, Department of Human Services (DHS), Jolyon Cowan, DHS, Bob Goodwin, Recreation Division, DHS, Marsha Lazar, Director of Community Health Programs, Cambridge Public Health Department (DPH), Jeff Walker, DPH, Nancy Ryan, Executive Director of the Women’s Commission.

Vice Mayor Decker convened the meeting and explained the purpose. She discussed how challenging it is to live healthy lives even with adequate financial resources. The challenges are so much greater for low-income persons. It is very hard to not be fat in this country. Yet seven year-old girls worry about being fat. We need to emphasize that it is about being healthy, not dieting. Vice Mayor Decker described a variety of issues related to healthy living that the Health and Environment Committee has been discussing. She said that it would be very helpful to have an advisory group that can take an overview of the related issues.

Vice Mayor Decker then invited those present to introduce themselves and comment on the issue.

Eileen Keegan, Division Head of Community Schools, Department of Human Services, said that DHS runs a number of programs for children. It is easy enough to run a nutrition workshop for parents and they have done it, but in general, the people who show up are people who have adequate resources. The issue of financial access is huge. Additionally, follow-up is very important.

Ms. Keegan also emphasized the importance of the media on children. Perhaps it would be helpful to have organized discussions with children about the media issues. In DHS youth programs, they used the movie "Super Size Me" as a basis for discussion about healthy eating and nutrition. Marsha Lazar, Director of Community Health Programs, Cambridge Public Health Department, said that these programs are exactly the type of programs that she is working on. She noted that it is important to emphasize that fitness is not just for one-size persons. Big people can be fit. She also said that overweight can be an addiction and it is important that there are clinical resources available for people.

Vice Mayor Decker said that Cambridge really does not have all of the obesity services that would be optimal for the health of low-income residents.

Jeff Seifert, President of the Cambridge Family YMCA, said that the YMCA just did a survey of 800 families. The survey found that there are fewer families. The majority population is single adults under the age of 45. The YMCA has also struggled with the issue of "where to cut up" the health issue. Until the issue has become critical, it is hard to get people to change their behavior. Additionally a lot of people would like to be more fit but do not know how to get started. The YMCA also works with its transitioning homeless residents who face the additional challenge of not having cooking facilities. Mr. Seifert stated that forty percent of the YMCA members who have been members for over 3 years continue to say that they are not fit. The YMCA needs to be more involved in their fitness program. He also emphasized the importance of support groups and friends supporting each other.

Nancy Ryan, Executive Director of the Cambridge Women’s Commission, said that in Cambridge the majority of low-income stable families live in public housing or other subsidized housing, which can provide a basis for such support groups. Mr. Seifert said that the YMCA has a history of providing low cost or free access to its exercise facilities and programs for people who cannot afford to pay, and could certainly be involved in this way with such groups.

Kathy Roberts, 321 Huron Avenue, former Director of Dandelion Pre-School, said that she taught for many years in the daycare community, and over the years she has seen several changes. There are at least three shelves in every supermarket devoted to kids’ snacks. What comes in the lunchbox has also changed over the years. Kids with more money come with more junk. Until her last few years of teaching, she never encountered obesity in children. In the end, over one-third of the kids were obese.

Jeff Walker, Cambridge Public Health Department, said that the Cambridge Housing Authority (CHA) should be a partner in these efforts and should be present at the table.

Councillor Davis said that we have a goal, but we do not know how to get there. Where are the points where you can influence behavior? She suggested that the Cambridge Health Alliance could do the literature search and tells the committee what the research says about what works.

Vice Mayor Decker said that before this meeting she talked to several health experts and advocates and concerned members of the community. She said that as a list of resources is developed and packaged on a website, it will be easier to see what the gaps are. She submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Chief Public Health Officer and the Assistant City Manager for Human Services to put together a list of all of the resources the City currently offers for children and adults in the area of nutrition, fitness and health living, including the resources of nonprofits, with the view of creating a healthy living website.

The motion passed without objection.

Vice Mayor Decker stated that she is interested in focusing on adults. That will affect the children’s lifestyles as well. In addition there are already more resources for children than for adults in this area. She added that she and Mayor Sullivan have talked about a kickoff event. She said that an important aspect relates to finding another marketing tool. She asked whether those present would be willing to serve as kind of an advisory board.

Jolyon Cowan noted that Cambridge Center for Adult Education has a kitchen and might be interested in nutritional/cooking courses.

Ms. Roberts observed that people like to do things together.

Councillor Davis said that the parent childcare co-ops become centers of development for parenting and childcare issues. It would be great if the same thing could happen for groups centered on health and fitness.

Vice Mayor Decker thanked those present for their participation. The meeting was adjourned at eleven o’clock and twelve minutes A. M.

For the Committee,
Vice Mayor Marjorie Decker, Chair

Committee Report #3
The Ordinance Committee held a public hearing on Wednesday, April 6, 2005, beginning at four o’clock and forty minutes P .M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition by Joan O’Connor et al. to amend the Zoning Ordinance to make the Mount Auburn Hospital Institutional District Zoning applicable to the Residence C-3 part of the hospital site as well as the Residence C-1 portion.

Present at the hearing were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, Councillor Anthony Galluccio, Councillor David P. Maher, Councillor Brian Murphy and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD), Liza Paden, Associate Planner, CDD, and Donald Drisdell, City Solicitor.

Councillor Reeves convened the hearing and explained the purpose. He invited the petitioners to present their petition.

Fleet Hill, 22 Longfellow Rd, President of the Mt Auburn Neighborhood Association, began the presentation. She asked those in support of the petition to stand and 19 persons did so. She said that the Mt. Auburn Neighborhood Association supports the hospital and wants it to be successful. At the same time, they are very concerned about neighborhood impacts. They are very concerned that the hospital has been planning an expansion for years. The neighbors could live with a smaller building like that originally submitted by the hospital for the State Determination of Needs. In addition, they do not want the historic buildings of the hospital demolished.

Myrna Putziger, 3 Chandler Street, stated that the institutional overlay provisions offer better protection than would otherwise be available pursuant to the project review provisions of Article 19. Article 19 is good, but the institutional overlay provisions provide better protection for neighborhoods in the present situation. The institutional overlay test is whether the benefits of the proposed project outweigh detriments, a balancing test. Thus, the petitioners seek to make the institutional overlay provisions applicable to the entire site.

Tom Stohlman, 19 Channing Street, stated that the neighborhood association asked the hospital to make design changes that would accommodate neighborhood needs. The hospital has refused. The proposed zoning change would require a balancing any time the hospital seeks to make changes.

Peter Temin, 15 Channing Street, discussed why Mt. Auburn Hospital should be considered as a unit, rather than two sections. He stated that the traffic study should include Longfellow Road.

Councillor Reeves invited Mr. Barber to the table to respond to questions from the committee.

Councillor Davis asked how the proposed zoning would differ from the current zoning. Mr. Barber explained the applicability of the Institutional Overlay District to the C-3 Zoning site. He noted that a detailed traffic study is required under the existing zoning.

Councillor Davis asked who would determine what roads are included. Mr. Barber said that the staff of the Traffic, Parking and Transportation Department would review the scope, which is determined by a technical analysis by professionals. The public reviews the traffic study itself, not the scooping of the traffic study.

Councillor Davis asked the City Solicitor to explain his legal opinion (Attachment A.). Mr. Drisdell stated that as currently proposed, the zoning in the O’Connor petition would be impermissible because it would extend the institutional use regulation to areas not permitted by the Special Acts. These Acts provide the City’s authority to regulate institutional expansion for religious and educational uses in all residentially zoned districts which require a lot area of 1200 square feet or more per dwelling (which currently includes Res. A-2, Res. B and Res. C-1). It was necessary for Cambridge to get state legislative authority via the Special Acts because M.G.L. Ch. 40A Section 3 (the Dover Amendment) otherwise prohibits cities and towns from exercising zoning powers to prohibit religious and educational uses.

However, although Cambridge includes hospital uses in its institutional use zoning regulations, the Dover Amendment does not restrict a city’s authority to regulate hospital uses, just religious and educational uses. Therefore, Cambridge retains its authority to restrict hospital uses in any residential district, although such restriction would have to be consistent with the general provisions of the Zoning Act. Such restrictions would require amendments to the Institutional Use Regulations of the Zoning Act and would need to be supported by sound planning analysis.

Councillor Davis asked whether the current petition is amendable to deal with this issue. Mr. Drisdell stated that in his opinion, it is.

Councillor Maher stated that he believes that there are several specific issues among the neighbors and the hospital. He hopes that the hospital has direct communication with the neighbors, perhaps through a working group including representatives from the neighborhood and the hospital. He does not believe that there is anyone who does not support the hospital. He urged dialogue and keeping the petition in committee.

Councillor Murphy urged the Ordinance Committee to request that the City Manager make available the skills and wisdom of Mr. Barber in dialogue between the neighborhood and the hospital.

Councillor Galluccio noted the similarity in the remarks of all of the members of the City Council so far. He stated that Mt. Auburn Hospital is a great asset to Cambridge and that the neighbors’ quality of life needs protection. There is an issue of whether the existing parking meets the needs of the hospital. He has concerns about the height and density of the proposed new building. This situation should be an exercise in mediation. Members of the City Council are willing to help.

Mayor Sullivan stated that his Chief of Staff attended the first meeting of the neighborhood association. He offered the assistance of his staff in reaching resolution. One of the earlier difficulties was that there was not a neighborhood association. The new association is a positive factor.

Councillor Reeves stated that in his conversation with the neighbors, he has found them to be very reasonable. He and Councillor Toomey are very willing to work with the neighbors and the hospital to resolve this.

Councillor Toomey stated his agreement with Councillor Reeves’ remarks and his agreement with the sentiments expressed by all members of the City Council this evening.

Councillor Reeves invited remarks from the Mt. Auburn Neighborhood Association. James Rafferty, attorney for Mt. Auburn Hospital, introduced Katherine Rafferty, Director of Community Affairs and Nicholas Diesso, Chief Operating Officer of the Mt. Auburn Hospital. Mr. Rafferty said that he believes the goals stated by the members of the City Council are very achievable. He emphasized that the hospital has not been furtive in its planning. Planning for a hospital is unique, especially when the plan is for inpatient services. The hospital has not yet filed an application for a special permit and will not do so until there is an understanding between the neighbors and the hospital. The hospital did get some early feedback and made changes in response. One important question has been whether there could be some access from George’s Landing Road. They have been working with the State on this issue.

Mr. Rafferty said that the hospital’s proposal is for a new seven-story building, with six occupied floors, and one full floor for mechanicals, the same height as the existing building. Zoning would allow this height 100 feet from Mt. Auburn Street. The hospital’s plans have pushed the building back 200 feet from Mt. Auburn Street to not impact the neighbors. Mr. Rafferty noted that three years ago Article 19 was changed to lower the threshold for project review to 35,000 square feet for hospitals as opposed to 50,000 for other buildings. Mr. Rafferty then stated that there is adequate protection for the historic buildings through the Historical Commission.

Councillor Reeves invited Mr. Diesso to comment on Mt. Auburn’s plans and previous purchase of property in Watertown. Mr. Diesso said that nine years ago Mt. Auburn purchased the AT&T property in Watertown. After two years of planning, Mt. Auburn decided it was not feasible to split their resources into two sites, given their size. Instead they expanded offsite physician practices to several sites. He noted that one of the highest parking demands is associated with doctor office visits, which amount to four to five per hour per doctor.

Councillor Reeves then invited Ms. Rafferty to comment. Ms. Rafferty noted the importance of the relationship between the parking and the patient and procedure. She also noted the importance of advances in technology to keep good doctors.

Councillor Reeves said that he has observed that if the neighborhood does not feel like it had adequate initial involvement, it is very difficult to get past that feeling.

Councillor Reeves then invited public comment.

Phillipe Michelon, 21 Lowell Street, stated his agreement with Councillor Reeves’s remark. If the hospital had done its proper job of involving the neighborhood at the beginning, they would not be here. Also the hospital has not yet realized that the frustration of the neighbors is not with the plans per se, it is with the impact of the operation and neighborhood relations. Also, the current project is unacceptable.

Elizabeth Michelon, 21 Lowell Street, emphasized the need for small meetings between neighbors and hospital representatives.

Elie Yarden, 143 Pleasant Street, member of the board of the Association of Cambridge Neighborhoods stated that at the last meeting, two members of the Mt. Auburn Neighborhood Association presented their concerns. This is no longer a neighborhood issue; it is a citywide issue. He added that he received first-rate medical care from Mt. Auburn this year and would like to see Mt. Auburn continue.

At the close of public comment Councillor Maher moved that the petition remain in committee. The motion passed without objection on a voice vote.

Councillor Reeves and Councillor Toomey thanked all those present for their participation. The meeting was adjourned at six o’clock and fifteen minutes p.m.

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

Committee Report #4
The Ordinance Committee held a public hearing on Wednesday, April 6, 2005, beginning at six o’clock and twenty-five minutes P .M. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition filed by Joanne Wilbert Weed et al. to amend the Zoning Ordinance to change the zoning from Residence C-1 to Residence A-2 in an area bordered by Willard Street, Foster Street, Sparks Street and the C-2 district along Mt. Auburn Street.

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Councillor Henrietta Davis, Councillor Anthony G. Galluccio, Councillor David P. Maher, Councillor Brian Murphy and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD), Lisa Paden, Associate Planner, CDD.

Councillor Reeves convened the hearing and explained the purpose. He invited the petitioners to present their petition.

Jane Thompson, 27 Willard Street, began the presentation. She described her discovery of plans to build a house in the backyard of 25 Willard Street.

Michael Epstein, 23 Willard Street, said that the neighborhood character is consistent with a Residence A-2 district. He requested that the City Council make this change to preserve its current character. This petition is not directed at one family or property. The strong opinion of the entire neighborhood is against dropping houses into back yards.

Joanne Wilber Weed, Foster Street, stated that she was very surprised when the proposed project was shown to her. It is not consistent with the character of the neighborhood and it affects the light.

Councillor Reeves asked about the issue of value. Ms. Thompson said that she is selling her property but she would not sell it to someone to build a home in the backyard to get more money from the property. She will not do that to her neighbors.

Barbara Cap, developer and architect for 23 Willard Street, said that she down zoned the property to a single-family house and did not lose money.

Councillor Galluccio asked about the issue of nonconformity. He noted that a change from a Residence C-1 to Residence A-2 district is fairly drastic. He asked why not change to a Residence B district. Ms. Thompson said that they were advised that A-2 offers the best protection from condo subdivisions.

Councillor Galluccio stated that it appears to him that only two or three properties would pose a problem under Residence B zoning.

Councillor Reeves asked why this matter did not come up in the citywide rezoning. Mr. Barber said that the details of this area are fairly consistent with Residence C-1 zoning. So if a block-by-block analysis had been done, C-1 would probably have not seemed out-of-place.

Councillor Reeves said that as the City has less land, this problem may become worse.

Mr. Barber said that changes have been made to deal with the backyard development issues in various parts of the city. In response to the question regarding nonconformity, he said that one half of the lots exceed the allowed floor area ratio (FAR) for a Residence C-1 zone. He estimated that probably ninety-five percent of the lots are nonconforming with regard to setbacks.

Councillor Davis said that this district is mostly single family despite the small lots, and it sounds like that is what the neighbors are trying to preserve. She asked what best preserves this. Mr. Barber replied that A-1 and A-2 residential districts are the only districts that only allow single-family houses. In response to a question from Councillor Davis, Mr. Barber said very few Cambridge properties are completely conforming.

Councillor Galluccio said that he would like information about how many additional properties would become nonconforming under this proposal. He observed that for the lots that exceed 5,000 square feet, Residence B zoning would lower the FAR from what Residence A-2 would require, so an owner could build an additional dwelling, but it would be smaller.

Councillor Maher stated that he would like to hear if there are other examples of infill in this particular neighborhood.

Councillor Toomey then invited public comment.

Elizabeth Delaney, 52 Foster Street, said that the neighbors do not want something built in their back yard. However, she does not want to use a bomb if a flyswatter would do. She owns a two family that she does not currently live in. She remembers when all of the houses that are now single-family houses were two-family houses.

Guy Asaph, 47 Trowbridge Street, submitted written information about the district (Attachment A). He is the owner and would-be developer of 25 Willard Street. This petition would affect 24 buildings. Of the 24, not one conforms to the underlying zoning. The only one that would conform is the house he plans to build. He has redesigned the building several times to try to meet the neighbors’ objections. Instead of the three units that could be built, he is proposing to build one. He stated that this petition would constitute spot zoning and would be an illegal taking.

Councillor Reeves asked Mr. Asaph if the area would be better if more backyard development took place in the spaces where such development is permitted under the current zoning law. Mr. Asaph said yes, more housing is better, but he looks at zoning as the rules. Tell him what the rules are and he will build the best development possible. But just because a particular structure would meet the zoning criteria, it does not mean that a developer will see value in building that structure.

Charles Mann, 5 Sparks Street, stated that he has been impressed with the Marsh Neighborhood District Conservation District and their ability to help guide the refurbishment of old housing. He believes the Residence C zone is out of keeping with what the Marsh District is trying to provide.

Councillor Reeves asked whether the Marsh Neighborhood Conservation District Commission had approved the project. Ms. Weed said that the commission had said no to the project, but the owner is appealing.

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

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

The meeting was adjourned at seven o’clock and twenty-five minutes p.m.

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

Committee Report #5
The Transportation, Traffic and Parking Committee held a public meeting on Thursday, April 28, 2005 at six o’clock and five minutes p. m. in the Sullivan Chamber.

The purpose of the meeting was to discuss pedestrian priorities and any and all matters that may properly come before the committee.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Councillor Brian Murphy; Lisa Peterson, Commissioner of Public Works; Cara Seiderman and Rosalie Anders from the Environmental and Transportation Division of the Community Development Department; Jeff Parenti, Traffic, Parking and Transportation Department; and Donna P. Lopez, Deputy City Clerk. Also present were Kobena Bonney, 195 Prospect Street # 1; Roberta Goto, 13 Lopez Avenue; Sean Peirce, 6 Garden Court; Michael Halle, 2 Westacott Court; Sylvia Barnes, 196 Harvey Street; Brian Culver, 385 Concord Avenue; Katherine S. Fichter, 11 Orrin Street # 3; Rona Gregory, 14 Locke Street; David Loutzenheiser, 38 Rice Street; and Helen Rose, 227 Broadway, Cambridge, Massachusetts.

Councillor Davis opened the meeting and stated the purpose. This meeting is the first between the Transportation, Traffic and Parking Committee and the Pedestrian Committee to discuss pedestrian concerns. A report would be prepared and this information would be forwarded to the full City Council. At this point the meeting was turned over to the Pedestrian Committee.

Mr. Loutzenheiser stated that there are three issues that would be discussed. The issues are:
A fence proposal;
Enforcement and
Street trees and sidewalks.

Mr. Culver, Pedestrian Committee member, stated that he has worked on the issue of high fences, especially at intersections where conflicts occur between pedestrians, motor vehicles and bicyclists. Regulations were reviewed across the country regarding the heights of fences. The Pedestrian Committee is working on a proposal to regulate fence heights in an effort to forward this proposal to the City Council. The regulations would permit a three foot high solid fence or a four foot high porous fence in front of buildings. The proposal contains zoning restriction language. Mr. Peirce spoke about the safety and aesthetic issues of fence heights. High fences, he said, do not encourage walking. Mr. Culver stated that the number of high fences in the city is growing. Front yards are being used for parking spaces. Mr. Halle informed the committee that the Pedestrian Committee would be offering guidelines as to what is a "good fence" and explain why these guidelines make a good fence. Ms. Seiderman commented on the safety concerns for pedestrians and motor vehicles of corner clearance. The Historical Commission is also interested in the issue of fences. Mr. Peirce stated that the Historical Commission would explain what fences were like in Cambridge for a specific period.

Councillor Davis stated that she supported a fence proposal. The proposal would be taken seriously by the City Council because of the work done by the Pedestrian Committee. The proposal would be heard before the Ordinance Committee that would report back to the full City Council. Councillor Davis stated that she would sponsor the fence proposal when it is ready probably in October. Commissioner Peterson suggested that Public Works, Inspectional Services, the Law Department and the City Manager should review the draft proposal before it is filed. Councillor Murphy commented that this is a safety issue. Councillor Davis suggested that the appropriate departments review the draft proposal and make their recommendation to the Pedestrian Committee by the end of June. At this time Councillor Davis and Councillor Murphy made the following motion:
ORDERED: That the City Manager be and hereby is requested to forward the draft proposal being prepared by the Pedestrian Committee on the height of fences to the Public Works, Inspectional Services and the Law Department for their recommendations; said recommendations be forwarded back to the Pedestrian Committee by the end of June.

The motion – Carried.

Councillor Davis asked if there is a height limit on fences currently. Commissioner Peterson stated that any fence over six feet tall requires a building permit. This is a Building Code issue, she stated. Councillor Davis stated that the City Council needed to know what are the regulations for fences and what is a spite fence. The committee now discussed the issue of enforcement.

Ms. Fichter, Pedestrian Committee member, spoke about enforcement issues for pedestrians. If cars proceed to travel when traffic lights are yellow or red this is a pedestrian safety issue. Motor vehicle operators feel that they can infringe on pedestrian areas. Motor vehicle operators do not obey the stop line at crosswalks. Motorist park their cars on the sidewalks. Speeding is also an issue. More enforcement is needed to remove snow from sidewalks to insure that pedestrians can safely travel on sidewalks. Construction work does not accommodate pedestrians. More consistent police visibility and more consistent enforcement are needed. Traffic calming and other means need to be utilized to slow traffic. More education is needed for bicyclists, pedestrians and motor vehicle operators. Ms. Fichter stated that residents who witness motor vehicles running red lights should be informed that the motor vehicle could be reported to the Department of Motor Vehicles. Councillor Davis stated that the Pedestrian Committee could develop a program on civilian enforcement. An offender letter is a deterrent, she said. Fines could be higher for parking on sidewalks. She urged all who see a violation to report it and be consistent in reporting the violation. Ms. Anders stated that the Parking Control Officers would go out in off hours and ticket if a violation is reported. If a violation occurs at night the police should be called. If the situation is an emergency the police are always available, stated Mr. Parenti. Ms. Barnes commented that the biggest offender of parking on the sidewalk is the Post Office. At this time Councillor Davis submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to notify the Postmaster that there is no parking on sidewalks in the area around the Central Square Post Office.

The motion – Carried.

Ms. Seiderman spoke about the short-term parking issues, especially at the corner of Broadway and Market Street, the site of a gas station and a Dunkin Donuts. Councillor Davis urged Ms. Seiderman to contact the License Commission to report the violation. Councillor Murphy stated that Parking Control Officers should be assigned to this location.

Mr. Bonney asked why is the business held responsible for the violations. Commissioner Peterson tated that businesses are responsible for keeping the area open for their customers. It is effective deterrent to have the License Commission conduct a hearing on these issues. The committee now discussed moving violations.

Councillor Davis stated her support for camera enforcement. Councillor Murphy asked how much more enforcement is being done by the Police Department. The location of Prospect Street and Massachusetts Avenue is a cash cow. Education is a challenge and is a needed element. Mr. Peirce spoke about knowing how many warnings are issued. There should be a way to track the warnings issued in Cambridge. Mr. Loutzenheiser stated his concern that warnings were not tracked. Councillors Davis and Murphy stated that the ticket statistics needed to be reviewed. Mr. Loutzenheiser discussed street trees and sidewalks.

Mr. Loutzenheiser stated that a good walking environment is conducive for pedestrian issues. Mr. Loutzenheiser stated his concern for the Peabody School where cars are parking on the landscaped area. He spoke about the loss of street trees and the impact to the city. Reconstruction plans do not contain plans to plant new trees. Commissioner Peterson informed the committee that the city would be taking an inventory of the trees in the city this summer. Commissioner Peterson stated that it is a challenge to have trees survive. The salt used in the winter affects the trees. Her department will be reviewing de-icing and anti-icing issues in the future. Wells in the sidewalk are being filled in because the trees did not survive. A suggestion was made that the City Arborist and the public planting committee be invited to any meeting held to discuss this issue. Mr. Halle commented that property owners are given veto power over the planning of street trees. Commissioner Peterson commented that if trees are not watered in the first few years they die. Different strategies are needed to encourage property owners to want the trees. Commissioner Peterson outlined the sidewalk maintenance program.

In 2004 the sidewalk defect and repair program began. The city has been proactive in repairing the defects. The challenge has been to internalize the program. Areas are inspected within forty-eight hours and temporary repairs are scheduled. Maintenance employees are taking ownership of this program. Mr. Bonney asked who is responsible for drainage issues at corners and intersections. Public Works is responsible to ensure that ramps do not collect water. Each year several ramps are reconstructed. An inventory was done of the ramps and there is data as to which ramps are most out of compliance due to the slope. Councillor Davis urged residents to report problems to the city; the city is set up to correct issues. She stated that the Pleasant and Prince Street ramp has a puddle problem. Mr. Halle noted the safety issue of pedestrian cutting between cars and the piles of snow. He suggested using street cleaning time to do snow removal.

Councillors Davis and Murphy thanked all attendees and the city staff for their presence at this meeting.

The meeting adjourned at seven o’clock and twenty-nine minutes p. m.

For the Committee,
Councillor Henrietta Davis, Chair

Committee Report #6
The Claims Committee held a public meeting on Tuesday, May 10, 2005 at five o’clock and thirty minutes P.M. in the Ackermann Room.

The purpose of the meeting was to consider claims filed against the city.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee, Councillor Anthony Galluccio and Donna P. Lopez, Deputy City Clerk. Also present were Arthur Goldberg and Anjali Parekh Prakash, Assistant City Solicitors.

Councillor Toomey convened the meeting and explained the purpose. Thereupon the committee moved to the consideration of the following claims:

A discussion ensued about developing a formal policy for claims filed by School Department employees and how these claims would be handled. Councillor Toomey submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to arrange a meeting with the Law Department and the appropriate staff at the School Department to develop a plan for filing, investigating and settling claims filed by School Department employees.

The motion – Carried.

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at six o’clock and ten minutes P.M.

For the Committee,
Councillor Timothy J. Toomey, Chair

May 16, 2005
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of May 16, 2005 Claims Committee in the total sum of $2,849.53.