Cambridge City Council meeting

Cambridge City Council meeting - May 24, 2004 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, supplemental appropriation of a Workplace Education (Phase I) grant from the Massachusetts Department of Education Adult and Community Learning Services for $9,000 to the Grant Fund Human Services Department Salary and Wages account ($6,460) and Other Ordinary Maintenance account ($2,540). This amount is in addition to the $4,000 previously appropriated and will be used for an expanded workplace needs analysis at Neville Center nursing home.

2. Transmitting communication from Robert W. Healy, City Manager, relative to a supplemental appropriation of a Civic Education Grant from The Massachusetts Department of Education, Adult and Community Learning Services for $25,000 to the Grant Fund Human Services Salaries and Wages account ($1,746) and Other Ordinary Maintenance ($23,254) account to help CLC programs prepare for a new technology assessment for students. This grant will be used to provide upgrades to computers and technology equipment, educational software and staff training. The original grant award was for $88,169.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a supplemental grant from the Community Action Programs Inter-City, Inc. (CAPIC), the fiscal agent for funds allocated by the Massachusetts Department of Transitional Assistance, for $108,000 to the Grant Fund Human Services Other Ordinary Maintenance to provide assistance to families who move from shelters into permanent housing.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $17,000 from Water Other Ordinary Maintenance account to the Travel and Training account to cover medical services and/or prescription reimbursement costs for water department personnel injured in performance of their duties.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation that the City Council accept the provisions of M.G.L., Chapter 60, Section 23B that establishes the fee schedule of Municipal Lien Certificates prepared by the City Treasury Department.

6. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation that the City Council accept amendments to the Municipal Code relating to the fee schedule for services provided by the City Clerk's Office and Animal Commission.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-27, regarding a report on whether the flooring on the first and second floors and stair landings could receive attention before the middle of the summer.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-31, regarding a report on why the tree wells on Prospect Street are being filled in with black top.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 04-35, regarding a report on the policy on the use of seat belts in taxi cabs.

10. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the City Council Petition regarding companion zoning amendments implementing the Tree Protection Ordinance.

11. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the City Council Office 3/Business A Rezoning Petition on Memorial Drive in the Neighborhoods of Cambridgeport and Riverside.

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.

UNFINISHED BUSINESS
2. 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. The question comes on adoption on or after May 24, 2004.

3. 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. The question comes on adoption on or after May 24, 2004.

4. 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. The question comes on adoption on or after May 24, 2004.

5. 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. The question comes on adoption on or after May 24, 2004.

6. 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. The question comes on adoption on or after May 24, 2004.

7. 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. The question comes on adoption on or after May 24, 2004.

APPLICATIONS AND PETITIONS
1. An application was received from Edgartown Coffee, requesting permission for a pushcart to sell coffee at the premises numbered 1-3 Alewife Commuter Rail driveway.

2. An application was received from Mohammed Shehab, requesting a curb cut at the premises numbered 22 High Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. One Neighborhood Association letter sent. No response received from the Neighborhood Association.

COMMUNICATIONS
1. A communication was received from the family of Nancy Fulton, transmitting thanks for your kind expression of sympathy.

2. A communication was received from Roy Bercaw, regarding police power.

3. A communication was received from Michael H. Turk, regarding the closing of 22-24 Prescott Street and Harvard's plans in Mid-Cambridge.

4. A communication was received from Kate Gyllensvard, Marylin Eastwood and Elizabeth Eastwood, transmitting thanks to the City Councillors, City Clerk's Office Staff, and all other City Employees who pitched in May 17th.

5. A communication was received from Karen Carmean et al., transmitting support for the proposed tree ordinance.

6. A communication was received from Glenn Charbonneau, transmitting thanks to the staff of Cambridge City Hall for the wonderful event that took place on May 17th.

RESOLUTIONS
1. Congratulations to Richard Carbone of The Inn at Harvard, Edward N. Guleserian of the Sheraton Commander Hotel, Stuart Meyerson of the Hyatt Regency Cambridge and Rachael Solem of Irving House at Harvard and Harding House for receiving the Cambridge First Day Awards on June 8, 2004. Mayor Sullivan

2. Congratulations to the CRLS Varsity Softball team on advancing to the Massachusetts Division 1 State Tournament. Mayor Sullivan

3. Thanks to all those who contributed to the success of May 16 and 17, 2004 as Cambridge celebrated the historic beginning of marriage of same sex couples. Councillor Simmons, Councillor Murphy, Mayor Sullivan, Vice Mayor Decker

4. A special congratulations to the first Cambridge couples, Susan Shepherd and Marsha Hams, who filed a Notice of Intention to Marriage and to Keith Maynard and James Laughlin, the first to be married, in the Commonwealth. Councillor Simmons, Councillor Murphy, Councillor Davis, Councillor Maher

5. Resolution on the death of Joao M. Amorim. Councillor Toomey

6. Congratulations to Keith and Brenda Hampton on the birth of their son, Ian Stanley Hampton. Councillor Davis

7. Congratulations to WHERE Magazine on its 17th Annual Silver Plume Awards. Mayor Sullivan

8. Thursday, June 24, 2004 proclaimed as Outreach Educators Day in Cambridge. Mayor Sullivan

9. Resolution on the death of Joseph P. Salvato, Sr. Councillor Galluccio

10. Resolution on the death of Elizabeth A. Cunningham. Councillor Galluccio

11. Resolution on the death of Jeremiah P. Reagan. Councillor Galluccio

12. Congratulations to Edward and Rita Culhane on their fiftieth wedding anniversary. Mayor Sullivan

13. Resolution on the death of Josephine J. Henry. Councillor Galluccio

14. Thanks extended to State Representative Toomey for his efforts to protect the Simeoni Skating Rink. Councillor Maher

15. Happy Birthday wishes to Edel Quinn. Vice Mayor Decker

16. Congratulations to Garrett Simonsen and Dean Gendron on their marriage on Thursday, May 20, 2004. Vice Mayor Decker and Mayor Sullivan

21. Resolution on the retirement of Assistant Clerk of Courts, Jane Haviland, at the Middlesex Superior Court. Mayor Sullivan

23. Resolution on the death of Clarence H. Hannafin. Councillor Galluccio

24. Resolution on the death of Willard Chandler. Councillor Galluccio, Councillor Reeves

29. Wishes for a speedy recovery for Suzanne Green. Councillor Reeves

30. Happy Birthday Wishes to Councillor Brian Murphy. Mayor Sullivan

ORDERS
1. The City Manager is requested to direct the Director of the Public Library to archive all information pertaining to gay marriage for historical and educational purpose and report back to the City Council on the matter. Councillor Simmons

2. The City Manager is requested to consult with the Director of Traffic, Parking and Transportation and the Chair of the Transportation, Traffic and Parking Committee to schedule a public meeting to discuss the hazardous cargo being transported on neighborhood streets and to report to the City Council on the hazardous cargo transport route. Councillor Toomey

3. The City Manager is requested to instruct the Public Works Commissioner to take the necessary steps to trim the tree on Fifth Street at Spring Street which is blocking the stop sign. Councillor Toomey

4. The City Manager is requested to take action (if the Simeoni Memorial Rink is privatized) to enter into a public/private partnership to insure the continued viability, accessibility and affordability to all groups to utilize these facilities. Councillor Toomey

5. The City Manager is requested to report to the City Council on plans to keep the neighborhoods of Area Four, Cambridgeport and Riverside safe during the summer months and to report on the dates of community meetings to address this issue. Councillor Simmons

6. The City Manager is requested to work with appropriate city staff to determine if additional "cut outs" can be made into the sidewalks on Sherman Street and trees planted in the resulting area and report back to the City Council on this matter. Mayor Sullivan

7. The City Manager is requested to confer with the Department of Human Services Programs and report back to the City Council on the condition and capacity of buses used for daily senior transportation that are owned by the City and available exclusively for seniors. Councillor Galluccio

8. The City Manager is requested to confer with the appropriate City departments to repair the rims at the John O'Connor basketball courts at Corporal Burns Playground. Councillor Galluccio

9. The Mayor is requested to set up a meeting with Senate President Travaglini regarding the potential privatization of the Simeoni Hockey Rink in East Cambridge. Councillor Galluccio

10. The City of Cambridge apply for membership in the Sister Cities Network for Sustainable Development and designate a liaison to it. Councillor Davis

11. The City Manager is requested to report on the April 14, 2004 arrests at Lafayette Square and procedures for concerned citizens. Councillor Simmons CHARTER RIGHT - REEVES

12. The City Manager is requested to allocate to the Cambridgeport neighborhood the space and financial resources to support Community Schools programming that was lost due to the closing of the Cambridgeport and Graham and Parks Schools. Vice Mayor Decker

13. The City Manager is requested that the Cambridgeport neighborhood be allocated resources both financial and building space to provide for summer programming. Vice Mayor Decker

14. Dedication in the vicinity of Prince and Magazine Streets as Russell Bonvie Square. Councillor Davis

15. The City Manager is requested to coordinate with the Cambridge Police Department to increase patrols in the area of the King School/Riverside, including increased patrol by bicycle. Mayor Sullivan

16. The City Manager is requested to report to the City Council with regard to establishing a reserve account to fund retirement health care benefits particularly in light of GASB. Mayor Sullivan

17. That the City Manager be and hereby is requested to report back to the City Council on the feasibility of Comcast adding CSPAN 3 to the cable line-up for Cambridge consumers. Mayor Sullivan

18. The City Manager is requested to follow up on media reports regarding apparent falsifications of homeowner status for the purpose of property tax evasion, and further determine whether claims for resident parking status have been appropriately made. Councillor Murphy, Mayor Sullivan

19. The City Manager is requested to provide the City Council with a copy of the 1996 Agreement between Harvard University and the City of Cambridge regarding maintaining tenancies of long term tenants and to report on the proposed closing of 22-24 Prescott Street. Councillor Murphy

20. The City Manager is requested to report back to the City Council on the impact of closing Memorial Drive between the Western Avenue Bridge and the B.U. Bridge during the Democratic National Convention in July, 2004. Councillor Simmons, Mayor Sullivan, Councillor Toomey

21. The City Manager is requested to report back to the City Council on all traffic impacts on the city as a result of road closings and any actions the City is taking to mitigate such closings during the Democratic National Convention. Councillor Galluccio, Mayor Sullivan, Councillor Toomey

22. The City Manager and the Mayor be and hereby are requested to convene a meeting with area businesses and concerned individuals relative to implementing a transportation plan during the Democratic National Convention. Mayor Sullivan, Councillor Toomey

23. The City Manager is requested to send an urgent communication to the House Ways and Senate Conference Committee, Senator Teresa Murray, Senate Chair of Ways and Means and Representative John Rogers, Chairman of House Ways and Means and the Cambridge delegation stating concerns about the potential deleterious effects of the closure of the Magazine Beach Pool on summer programming for young people. Councillor Davis, Councillor Murphy, Councillor Simmons, Vice Mayor Decker, Mayor Sullivan

24. The sum of $900,000 cut from the General Fund Budget. Councillor Reeves FAILED OF ADOPTION 3-6-0, Councillors Decker, Reeves and Simmons voting YES

25. Urging the School Committee and Superintendent to set a target date of January 2005 for the start of the alternative school to allow time for more planning and community process. Councillor Toomey FAILED OF ADOPTION 3-4-0-2, Councillors Davis, Simmons, Toomey voting YES; Councillors Galluccio, Maher, Murphy, and Mayor Sullivan voting NO; and Councillors Decker and Reeves voting PRESENT

26. The Superintendent provide periodic updates on the Alternative School and the Rindge School of Technical Arts. Councillor Simmons

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Finance Committee, for public hearings held relative to the General Fund Budget for the City of Cambridge for Fiscal Year 2005 in the amount of $333,758,070.
GENERAL FUND BUDGET ADOPTED 6-2-0-1, Councillors Reeves and Decker voting NO; Councillor Simmons voting PRESENT

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Finance Committee, for public hearings held relative to the Water Fund Budget for the City of Cambridge for Fiscal Year 2005 in the amount of $17,098,120. ADOPTED 9-0

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Finance Committee, for public hearings held relative to the Public Investment Fund for the City of Cambridge for Fiscal Year 2005 in the amount of $8,834,255. ADOPTED 9-0

4. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Finance Committee, for public hearings held relative to the Stabilization Fund for the City of Cambridge for Fiscal Year 2005 in the amount of $1,000,000. ADOPTED 9-0

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Marjorie Decker, Chair of the Health and Environment Committee, for a meeting held on April 14, 2004 for the purpose of considering what tools the City of Cambridge is using to explore and develop utilization of solar energy.

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 May 5, 2004 for the purpose of continuing to consider a proposed amendment to the Zoning Ordinance to change the zoning along Memorial Drive in Cambridgeport. Pass to 2nd Reading

7. 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 May 5, 2004 for the purpose of continuing to consider the proposed Tree Protection Ordinance and proposed Zoning amendments to implement the Tree Protection Ordinance. Pass to 2nd Reading

HEARING SCHEDULE
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)
12:00pm   The Economic Development Training, and Employment Committee will conduct a public meeting to continue discussions on planning events in Cambridge for the month of July.  (Sullivan Chamber)
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 24, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to direct the Director of the Public Library to archive all information pertaining to gay marriage for historical and educational purposes; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-2 May 24, 2004
COUNCILLOR TOOMEY
ORDERED: The City Manager be and hereby is requested to consult with the Director of Traffic, Parking and Transportation and the Chair of the Transportation, Traffic and Parking Committee to schedule a public meeting to discuss the hazardous cargo being transported on neighborhood streets; and be it further
ORDERED: That the City Manager be and hereby is requested to report to the City Council on the hazardous cargo transport route.

O-3 May 24, 2004
COUNCILLOR TOOMEY
ORDERED: The City Manager be and hereby is requested to instruct the Public Works Commissioner to take the necessary steps to trim the tree on Fifth Street at Spring Street which is blocking the stop sign.

O-4 May 24, 2004
COUNCILLOR TOOMEY
WHEREAS: There is a move to privatize skating rinks throughout the state; now therefore be it
ORDERED: The City Manager be and hereby is requested to take action (if the Simeoni Memorial Rink is privatized) to enter into a public/private partnership to insure the continued viability, accessibility and affordability to all groups to utilize these facilities.

O-5 May 24, 2004
COUNCILLOR SIMMONS
ORDERED: The City Manager be and hereby is requested to report to the City Council on plans to keep the neighborhoods of Area Four, Cambridgeport and Riverside safe during the summer months
ORDERED: That the City Manager be and hereby is requested to report to back to the City Council with regard to the dates of community meetings to address this issue.

O-6 May 24, 2004
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to work with appropriate city staff to determine if additional "cut outs" can be made into the sidewalks on Sherman Street and trees planted in the resulting area; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-7 May 24, 2004
COUNCILLOR GALLUCCIO
ORDERED: The City Manager be and hereby is requested to confer with the Department of Human Services Programs and report back to the City Council on the condition and capacity of buses used for daily senior transportation that are owned by the City and available exclusively for seniors.

O-8 May 24, 2004
COUNCILLOR GALLUCCIO
ORDERED: The City Manager be and hereby is requested to confer with the appropriate City departments to repair the rims at the John O'Connor basketball courts at Corporal Burns Playground.

O-9 May 24, 2004
COUNCILLOR GALLUCCIO
ORDERED: That the City Council be and hereby requests the Mayor to set up a meeting with Senate President Travaglini regarding the potential privatization of the Simeoni Hocky Rink in East Cambridge.

O-10 May 24, 2004
COUNCILLOR DAVIS
WHEREAS: Cambridge has dedicated itself to working for global sustainability by joining the ICLEI Cities for Climate Protection Program adopted by the City Council in 2002; by creating a city Climate Protection Program plan that includes promoting cleaner transportation, construction of green buildings, conserving energy in general and encouraging alternative means of energy production; by promoting recycling by residents, businesses and universities; and educating the public on these issues; and
WHEREAS: Cambridge has been a member of Sister Cities International for over a decade, and the Cambridge-Yerevan Sister City Association has recently launched an energy efficiency education project, for which it has received a grant from Sister Cities International; and
WHEREAS: Cambridge has been invited to join the Sister Cities Network for Sustainable Development which is organized and managed by Sister Cities International (at no cost to the member cities; now therefore be it
RESOLVED: That the City of Cambridge apply for membership in the Sister Cities Network for Sustainable Development and designate a liaison to it.

O-11 May 24, 2004
COUNCILLOR SIMMONS
WHEREAS: Homes Not Jails (HNJ) is a loose national network of housing action and awareness groups that got started in 1992. Several Cambridge residents belong to the Boston area HNJ; and
WHEREAS: The involvement of HNJ in Lafayette Square began when it was invited to become involved in the statewide March to Abolish Poverty which took place March 20 - April 4, and in Cambridge on April 3. Lafayette Square was chosen as the end point of the Cambridge march because public money was being used to take a Shell gas station by eminent domain and create a park originally proposed by MIT to insulate its University Park development from the Area 4 neighborhood; and
WHEREAS: The Police and City Manager's Office were informed of the route of the April 3 Cambridge march and police officers present at the Lafayette Square rally did not object or interfere when people entered the former Shell station, which was at that time not secured and not posted against trespassing; and
WHEREAS: On April 14, nine days after the March to Abolish Poverty, a number of HNJ members and friends returned to the site, planning to hold a fund raising event. They planted some flowers and a tree sapling, while some people reportedly entered the former Shell station which had been boarded up since April 3. The property was then not yet posted against trespassing; and
WHEREAS: Police arrived and arrested eight people, both inside and outside of the station. Witnesses say that two plainclothes detectives pointed drawn service revolvers directly at people, and that one detective held papers which he identified as copies of emails relative to the groups activities at Lafayette Square; and
WHEREAS: Statements were made by a Cambridge police officer, on Fox 25 News on April 15, implying that the former Shell station was being used as a depot for unnamed materials for use in demonstrations against the upcoming Democratic National Convention in Boston, and by the Cambridge City Manager in the Cambridge Chronicle April 22, ridiculing the reasons given by HNJ for their activities in Lafayette Square, which statements could be prejudicial to the rights of the arrestees to a fair trial, and chilling in their effect on citizens who might wish to participate in lawful demonstrations at the time of the Democratic National Convention; and
WHEREAS: On June 17, 2002, the Cambridge City Council passed a resolution regarding the USA Patriot Act, asking that all city agencies and especially "Local law enforcement continue to preserve residents' freedom of speech, religion, assembly and privacy;" and
WHEREAS: On June 23, 2003, the Cambridge City Council passed an order for the City Manager to clean up and secure Lafayette Square, particularly the abandoned Shell station; and
WHEREAS: The Police Review Advisory Board has not met for more than two years because appointments have not been made to its staff or board; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council as to why officers might have drawn their service weapons while making arrests at Lafayette Square on April 14, and what the Cambridge Police Department's guidelines are on the use of such weapons; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on whether it is the policy of the Cambridge Police Department to seek wiretap or other surveillance authority under the Patriot Act; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on measures taken to secure or clean up the City-owned Lafayette Square site between June 2003 and April 2004; and be it further
ORDERED: That the City Manager be and hereby is requested to take steps to assure that public statements will not be made by police officers and city officials harmful to the rights of the eight people arrested at Lafayette Square on April 14; and be it further
ORDERED: That the City Manager be and hereby is requested to take steps to ensure that public statements will not be made, or actions taken, having a chilling effect on citizens who might wish to participate in lawful demonstrations at the time of the Democratic National Convention; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding procedures available to citizens concerned about police policies pending appointment of staff and board to the Police Review Advisory Board.

O-12 May 24, 2004
VICE MAYOR DECKER
ORDERED: That the City Manager be and hereby is requested to allocate to the Cambridgeport neighborhood the resources both financial and building space to support Community Schools programming that was lost to the closing of the Cambridgeport School and the Graham and Parks School; and be it further
ORDERED: That the City Manager is requested to report back to the City Council on action taken.

O-13 May 24, 2004
VICE MAYOR DECKER
ORDERED: The City Manager be and hereby is requested to allocate to the Cambridgeport neighborhood resources both financial and building space to provide for summer programming in place of the Community Schools that would have been functioning had the former Graham and Parks School not closed; and further to report back to the City Council on action taken.

O-14 May 24, 2004
COUNCILLOR DAVIS
RESOLVED: That the City Council go on record dedicating a suitable location in the vicinity of Prince and Magazine Streets as Russell Bonvie Square; and be it further
RESOLVED: That the Assistant to the City Council be and hereby is requested to confer with the family and the Department of Public Works to arrange for a suitable sign and dedication ceremony.

O-15 May 24, 2004
MAYOR SULLIVAN
ORDERED: The City Manager be and hereby is requested to coordinate with the Cambridge Police Department to increase patrols in the area of the King School/Riverside, including increased patrol by bicycle and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-16 May 24, 2004
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with regard to establishing a reserve account to fund retirement health care benefits particularly in light of GASB.

O-17 May 24, 2004
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility of Comcast adding CSPAN 3 to the cable line-up for Cambridge consumers.

O-18 May 24, 2004
COUNCILLOR MURPHY
MAYOR SULLIVAN
ORDERED: The City Manager be and hereby is requested to follow up on media reports regarding apparent falsifications of homeowner status for the purpose of property tax evasion, and further determine whether claims for resident parking status have been appropriately made.

O-19 May 24, 2004
COUNCILLOR MURPHY
ORDERED: The City Manager be and hereby is requested to provide the City Council with a copy of the 1996 Agreement between Harvard University and the City of Cambridge regarding maintaining tenancies of long term tenants; and be it further
ORDERED: That the City Manager ask Harvard University for a report regarding the proposed closing of 22-24 Prescott Street.

O-20 May 24, 2004
COUNCILLOR SIMMONS
MAYOR SULLIVAN
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the impact of closing Memorial Drive between the Western Avenue Bridge and the B.U. Bridge during the Democratic National Convention in July, 2004.

O-21 May 24, 2004
COUNCILLOR GALLUCCIO
MAYOR SULLIVAN
COUNCILLOR TOOMEY
ORDERED: The City Manager be and hereby is requested to report back to the City Council on all traffic impacts on the city as a result of road closings and any actions the City is taking to mitigate such closings during the Democratic National Convention.

O-22 May 24, 2004
MAYOR SULLIVAN
COUNCILLOR TOOMEY
ORDERED: The City Manager and the Mayor be and hereby are requested to convene a meeting with area businesses and concerned individuals relative to implementing a transportation plan during the Democratic National Convention.

O-23 May 24, 2004
COUNCILLOR DAVIS
COUNCILLOR MURPHY
COUNCILLOR SIMMONS
VICE MAYOR DECKER
MAYOR SULLIVAN
WHEREAS: The Magazine Beach Pool is a critical asset for families and children in Cambridgeport and Riverside neighborhoods; now therefore be it
ORDERED: The City Manager be and hereby is requested to send an urgent communication to the House Ways and Senate Conference Committee, Senator Teresa Murray, Senate Chair of Ways and Means and Representative John Rogers, Chairman of House Ways and Means and the Cambridge delegation stating concerns about the potential deleterious effects of the closure of the Magazine Beach Pool on summer programming for young people.

O-24 May 24, 2004
COUNCILLOR REEVES
ORDERED: That City Manager be and hereby is requested that the sum of $900,000 be cut from the General Fund Budget.
FAILED OF ADOPTION 3-6-0, Councillors Decker, Reeves and Simmons voting YES

O-25 May 24, 2004
COUNCILLOR TOOMEY
ORDERED: That the City Council go on record urging the School Committee and Superintendent to set a target date of January 2005 for the start of the alternative school to allow time for more planning and community process.
FAILED OF ADOPTION 3-4-0-2, Councillors Davis, Simmons, Toomey voting YES; Councillors Galluccio, Maher, Murphy, and Mayor Sullivan voting NO; and Councillors Decker and Reeves voting PRESENT

O-26 May 24, 2004
COUNCILLOR SIMMONS
ORDERED: That the Superintendent provide periodic updates on the Alternative School and the Rindge School of Technical Arts.

TEXT OF COMMITTEE REPORTS
Committee Report #1
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2005 in the amount of $345,328,030 held public hearings on this matter on May 4, 2004 and May 11, 2004 commencing at 10:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2005 in the sum $333,758,070 to the full City Council with a favorable recommendation, subject to the condition that the City Manager be requested to designate the $200,000 allocated to the Multicultural Arts Center in the Public Celebration budget as an unexpendable allotment.

For the Committee,
Councillor Brian Murphy, Chair

Committee Report #2
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the WATER FUND for the City of Cambridge for Fiscal Year 2005 in the amount of $17, 098,120 held a public hearing on this matter on May 11, 2004 commencing at 10:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the WATER FUND for the City of Cambridge for Fiscal Year 2005 to the full City Council for the adoption of the enclosed order in the total amount of $17,098,120.

For the Committee,
Councillor Brian Murphy, Chair

Committee Report #3
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2005 in the amount of $8,834,255 held a public hearing on this matter on May 20, 2004 commencing at 10:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2005 to the full City Council for the adoption of the enclosed order in the total amount of $8,834,255.

For the Committee,
Councillor Brian Murphy, Chair

Committee Report #4
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the STABILIZATION FUND for the City of Cambridge for Fiscal Year 2005 in the amount of $1,000,000 held a public hearing on this matter on May 11, 2004 commencing at 10:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the STABILIZATION FUND for the City of Cambridge for Fiscal Year 2005 to the full City Council for the adoption of the enclosed order in the total amount of $1,000,000.

For the Committee,
Councillor Brian Murphy, Chair

Committee Report #5
The Health and Environment Committee held a public meeting on April 14, 2004, beginning at three o’clock and forty-five minutes P.M. in the Ackermann Room for the purpose of considering what tools the City of Cambridge is using to explore and develop utilization of solar energy.

Present at the hearing were Vice Mayor Marjorie C. Decker, Chair of the Committee, Councillor Henrietta Davis, and City Clerk D. Margaret Drury. Also present were Susanne Rasmussen, Director of Environmental and Transportation Planning, Community Development Department, (CDD), Rosalie Anders, Environmental and Transportation Division, CDD, John Bolduc, Environmental and Transportation Division, CDD, Julia Bowdoin, Assistant to the City Manager, Laxmi Rao, Senior Project Manager-Utilities, M.I.T. Department of Facilities, Sam Nutter, Massachusetts Technology Collaboration (MTC), Michelle Springnether, 31 Chilton Street and Kim Cullinane, MTC.

Vice Mayor Decker convened the meeting and explained the purpose. She invited the Community Development Department (CDD) to begin the discussion.

Susanne Rasmussen began by describing the grant that the City received for photovoltaic panels for solar energy from the Massachusetts Technology Collaboration (MCT). Prior to this, an intern had surveyed City buildings for solar energy potential a year ago. In addition, HMFH Architects conducted a feasibility study at CRLS regarding the potential for solar energy. This project was also MTC funded. Through MTC grants, there are photovoltaic panels for solar energy on the newly rehabilitated green city building at 344 Broadway, and there will be solar panels on the new field house planned for Russell Field. Another important initiative that includes solar energy planning is the comprehensive Climate Protection Plan, which the City has developed in partnership with the institutions. The City is also working with the Massachusetts Utilities Project.

Ms. Rasmussen said that solar energy is not where your get the "biggest bang for the buck" because of long pay back period but it will become an important source of renewable energy as it develops more affordable technologies. CDD is concentrating on ways facilitate solar power becoming a viable part of the energy market. At this point, however, if it were not for MTC there would be no solar panels in the 344 Broadway building or Russell Fieldhouse. Laxmi Rao, Senior Project Manager for Utilities at M.I.T. said that this is also true for M.I.T.

Mr. Bolduc, Environmental and Transportation Division, CDD, said there are some uses of solar energy in the private sector. Porter Square Shopping Center has solar panels installed by the owner, Gravestar. They also have solar panels in the Greenworks building in East Cambridge. He added that he does not know how much solar hot water exists in Cambridge, but that technology is more financially feasible.

Mr. Bolduc said that MTC grants are the big resources for solar energy in Massachusetts. He added that there are also tax credits available for the installation of solar photovoltaics in Massachusetts, which can be worth up to $1000 for residential buildings. In addition, Wainwright Bank has a green loan program in which borrowers can get a reduction of one point in a home equity loan for using green technology in renovations. Mr. Bolduc then noted some helpful organizations, including Solar Boston, which has a goal of 500 installations by 2010, the Boston Area Solar Energy Association and the Green Round Table. Vice Mayor Decker asked whether Solar Boston is a City organization. Sam Nutter said that Solar Boston is a group of private individuals.

Vice Mayor Decker invited discussion on what the City of Cambridge could do supporting solar energy.

Laxmi Rao commended Cambridge for its work on the Climate Control Action Committee, which does include a section on solar power. There is almost a megawatt of potential in Cambridge. It is good to combine solar energy installation with energy efficiency improvements.

Laxmi Rao said it would be helpful to be prepared with a plan and information about the possibilities for solar installation in Cambridge. She added that she would be very happy to help put together a plan for them to take a closer look at which are the best potential candidates for solar energy in Cambridge.

Ms. Rasmussen said that with regard to municipal buildings, there is a commitment that that when the buildings undergo rehab, they will be green buildings, and that includes looking at the solar potential.

Vice Mayor Decker asked what the criteria are for deciding whether to use solar power. Ms. Rasmussen said that there would need to be a source of funding, such as MTC.

Mr. Bolduc said one of the key aspects about green design is to plan for green elements early on. There is nothing that prescribes the use of solar power. It is one of many options to look at. He explained that for CRLS, a fifty-five kilowatt system on the roof would cost about $250,000. On the cost basis, it is much more cost effective to do energy efficiency improvements.

Ms. Rasmussen said that the Climate Protection Plan includes as an installation of solar power at a school as a priority for solar installations because of the co-benefit of education of the students.

Councillor Davis asked who are the advocates for the particular green elements in the buildings that the City is contracting.

Ms. Bowdoin said that in the case of the library, the City hired the architects with the understanding that the City wanted a green building at a high LEEDS standard. She is not sure whether solar power is included in the plans. Often the architects’ opinions are that it is not cost effective to install photovoltaic cells for solar power because of the long pay back period. It is possible to achieve a very good LEEDS rating without using solar energy. Councillor Davis asked where in the process of municipal construction, there is advocacy for particular green technologies or elements. Ms. Bowdoin said that it comes through the public hearing process and also through the impact of the City Building Committee.

Ms. Rasmussen noted that part of the scope of work of the architect is to provide a LEEDS certified building. Ms. Bowdoin noted that LEED standards are very specific.

When the architects come back and say these are the options, this is the cost, who is at the table pushing specifically for the best environmental standard, Vice Mayor Decker asked.

Ms. Rasmussen said that green buildings are avant-garde and architects are very interested in developing acclaimed green buildings. This is very new for the City.

Ms. Rao said that MIT is not green. She said that getting a LEEDS rating does not guarantee energy efficiency. She agreed with Ms. Rasmussen that green buildings are avant-garde, not mainstream. She noted that when the solar energy technology can be integrated into the building envelope, the payback looks very different and much more favorable. She suggested a policy that says LEEDS-Yes, but let’s insure that there is energy efficiency and let’s build in some photovoltaics because they will make solar energy more common and promote additional use and ultimately more affordable technologies.

Michelle Springnether, 31 Chilton Street, said that she is an atmospheric chemist, and that she believes that there could be synergy with the schools. Her concern is that MTC grants are just for new buildings or huge renovations. MTC grants tend to go to affluent school districts. It would be good if they could be utilized in smaller renovations, like roof replacement. The School Department will be seeking funds from the City; will the City be trying to use the least amount of money or could this be an opportunity for solar energy installation?

Vice Mayor Decker asked about MTC. Mr. Nutter said that Massachusetts Technology Collaboration is a "quasi" state agency established by the state ten or 20 years ago. One area in which MTC works is renewable energy. MTC administers the renewable Energy Trust Fund, which receives $22 to 25 million per year from a utility bill fee, which amounts to about twenty cents monthly per residential customer. .MTC’s mission is to promote the demand for and supply of renewable energy. MTC work with Green Building architects; the City Hall Annex was a Green Building Project which required a LEEDS standard (for schools, the CHIPS standard is similar). The Leeds Standard for Green Buildings go far beyond energy; there is not requirement for renewable energy. Photovoltaics earn only one point out of 67. However, in Massachusetts there is a requirement for renewable sources of energy on site.

MTC has a new commercial and institutional program that provides grants in those areas. Mr. Nutter also said that the best investment of money is to do energy efficiency work first before you invest in solar energy because it is very expensive. Mr. Nutter added that MTC is also planning more initiatives, a residential initiative and a public building initiative. Mr. Nutter observed that photovoltaic installation is not a good energy investment today. It is best used as a policy or choice element. He noted that architects do not often talk about the payback on the marble floor. Solar energy should be considered similarly something of lasting value for which it can be worth paying more.

Ms. Rao said that this is also a great deal of potential in the citizenry. A small school roof system would cost $10,000. She would like to get as many people involved in fundraising as a strategy for public education and focus on the vision. In addition, the future of fossil fuel is looking shakier by the day.

Vice Mayor Decker noted the constant balancing of short-term costs and long term vision in which policymakers must engage.

Councillor Davis said that if one is ever going to install solar energy, one needs to leave space on the roof, so perhaps the installation of mechanicals or roofs should reflect a preference for saving roof top room and encourage designing the building so that there is room for solar in the future and educating the Planning Board about the solar potential of roof tops. Ms. Rao agreed and noted that just the placement of mechanicals to avoid shadows would be helpful.

Ms. Rao said the City could offer guidelines more easily than it could reopen standards themselves so soon after they are completed.

Vice Mayor Decker said that recent completion does not mean they cannot be revisited if good policymaking so requires.

Councillor Davis asked what solar developments are in the pipeline. Mr. Nutter said that there is a lot of development, from incremented improvement of modules to making the solar photovoltaics part of the building’s skin, for example, roof top tiles that have photovoltaic in them. There is much innovation in Japan and Germany, where the demand is huge. Japan made a decision as a country ten years ago to make a huge investment in photovoltaics, Germany was second, and they are the second largest in terms of utililization and technological development of solar power. The United States is a distant third. He added that places that have provided government subsidies have seen the solar market grow and the costs come down.

Mr. Bolduc brought up the green power purchasing issue. It is possible under the revised energy laws to say that you want your power to come from particular sources. He noted that the Massachusetts Plan specifies that by 2010, twenty percent of all energy should come from renewable sources, but he questions whether this will happen with NSTAR. It is already happening in Central Massachusetts with Mass Electric.

Mr. Bolduc said that NSTAR has proposed a program that is now before the State Department of Telecommunications and Energy (DTE).

Mr. Nutter said there are renewable sources of energy other than solar.

Ms. Cullinane, MTC, asked if Cambridge has a requirement that developers of new buildings look at LEEDS. Ms. Rao said that the Planning Board review requirements include encouraging building in accord with LEEDS Standards. Developers must submit a LEEDS checklist with a Planning Board special permit application.

Councillor Davis suggested thinking about being more specific with regard to the LEEDS requirement. The City may want to suggest that energy efficiency or renewable sources of energy be specifically addressed. Ms. Rao stated that there should be a balanced policy initiative and some engagement with the architects so that trade offs are balanced.

Vice Mayor Decker said that she wants to have a committee meeting about the environmental aspects of the design process for the library. She added that she also wants to explain what sort of policy goals the City should set in this area. She invited the participants to send her more information on the topic. She said it would also be useful to look at how the standards for developments in Cambridge include these goals.

Ms. Rasmussen said that CDD is working on for a response to an earlier council order about how the City can encourage all buildings to be green.

Vice Mayor Decker thanked those present for their participation.

The meeting was adjourned at four o’clock and fifty minutes P.M.

For the Committee,
Vice Mayor Marjorie Decker, Chair

Committee Report #6
The Ordinance Committee held a public meeting on May 5, 2004, beginning at five o’clock and thirty-seven minutes p.m. in the Sullivan Chamber for the purpose of continuing to consider a proposed amendment to the Zoning Ordinance to change the zoning along Memorial Drive in Cambridgeport

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr. Co-Chairs of the committee, Mayor Michael Sullivan, Councillor Henrietta Davis, Councillor David P. Maher, Councillor Brian Murphy, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Zoning and Land Use for the Community Development Department (CDD) and Nancy Glowa, Deputy City Solicitor.

Councillor Toomey convened the meeting and explained the purpose He requested a presentation from Mr. Barber. Mr. Barber reported on the discussion at the Planning Board hearing on May 8, 2004 on the proposed amendment.

In response to the testimony heard by the Ordinance committee, the Planning Board is considering suggestions from the CDD staff to address three major issues generated by the zoning petition. The first issue was raised by Homeowners Rehab, Inc., owners of 808 Memorial Drive. They would like the office component of the development to continue as a permitted use. CDD staff has recommended that the 808 Memorial Drive site be rezoned to Office 2 rather than the Residence C-3 district originally proposed in the petition. Office uses would be permitted in that district as they are now.

Responding to a concern expressed by Harvard University in a letter to the Ordinance Committee and the Planning Board, a second revision to the petition would make all existing dimensions of buildings in the area (height, setbacks FAR) conforming for the purpose of applying the non-conforming rules of the Zoning Ordinance to future changes and additions. Any new construction, however, would have to conform to the dimensional requirements of the new districts. 808 Memorial Drive, the Radisson Hotel, Technology Center and Harvard owned townhouses along Putnam Avenue all affected by the provision because they would be non-conforming in some fashion if the new zoning were adopted. Such a provision would make it somewhat easier to make modest changes to those buildings without triggering special permit or variance procedures because the buildings would otherwise be considered non-conforming.

A third proposal would allow construction of an additional fifty thousand square feet of housing on sites in the district that abut Memorial Drive and which already exceed the development allowed on them under the new zoning if it could be demonstrated to the Planning Board that significant improvement to the parkway character of Memorial Drive could be achieved through new housing construction. Elimination of driveways and parking lots and uses like gas stations would potentially demonstrate such improvement. The hotel site and 808 Memorial Drive are the two sites that would likely benefit most from such a provision. Mr. Barber informed the Committee that the Planning Board will take this matter up again at it May 18, 2004 hearing.

Councillor Toomey then invited public testimony.

Robert La Tremouille, 875 Massachusetts Avenue, spoke in opposition to the proposed ordinance.

Robb Johnson, 342 Allston Street, stated that on the whole he would encourage the Ordinance Committee to move the proposal forward. He is concerned about the Radisson Hotel site. He and other neighbors would like to see more of a buffer for the abutting Residence C-1 district. He said that he also has questions as to whether there is discussion about building in front of the hotel; if so, it should not be at the expense of the green buffer zone. Also he stressed the input of the overlay.

James Rafferty, an attorney for the owners of the Radisson Hotel, stated that his clients are working with the CDD to try to find a proposal that all can agree upon.

Stash Horowitz, 12 Florence Street, thanked Mr. Barber for his work to find solutions for the issues raised at the last Ordinance Committee Hearing. He believes that the change proposed for the hotel is very fair and generous to the hotel.

Councillor Toomey moved that the proposed Cambridgeport zoning amendment be referred to the full City Council without a recommendation and that the issue remain in the committee for further discussion. The motion passed on a voice vote without objection.

Councillor Reeves asked how many housing units fifty thousand square feet would permit. Mr. Barber said that with an average unit size of one thousand square feet, fifty units could be built in fifty thousand square feet.

Mayor Sullivan asked about the origin of the zoning proposal, specifically, whether this area was removed from the Citywide zoning as a part of a compromise agreement. Mr. Barber said that he could not recall. Mayor Sullivan said that he believed this to be the case.

Councillor Reeves asked about the Mahoney site, and whether the plans would be compatible. Mr. Barber said that he believed that they would be. The Mahoney site maximum height is sixty feet. Most of the surrounding area is built out already. The only sites that could still be developed would be the Osco site, which has a thirty-five foot height maximum and Trader Joes.

Councillor Toomey and Councillor Reeves thanked all those present for their interest and participation.

The meeting was adjourned at six o’clock and two minutes p.m.

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

Committee Report #7
The Ordinance Committee held a public meeting on May 5, 2004, beginning at six o’clock four minutes p.m. in the Ackermann Room for the purpose of continuing to consider the proposed Tree Protection Ordinance and proposed Zoning amendments to implement the Tree Protection Ordinance.

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Councillor David P. Maher, Councillor Brian Murphy, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Nancy Glowa, Deputy City Solicitor, Lester Barber, Director of Zoning and land Use, Community Development Department (CDD), and Kelly Ryder, City Arborist.

Councillor Toomey convened the meeting and explained the purpose. He then invited public comment.

Robb Johnson, 342 Allston Street, spoke in support of the proposed ordinance

Robert LaTremouille , 875 Massachusetts Avenue, spoke in opposition and read a letter from Marilyn Wells, in opposition (Attachment A).

Kathy Podgers spoke in opposition to the proposed Tree Ordinance and submitted a written document and photograph (Attachment B).

Karen Carmen spoke in support of the ordinance, and described it as coming from an extensive collaborative development process. It is a very modest ordinance; it only applies to new commercial lots of more than twenty thousand square feet or multi family developments of more than six units in Residence A and B Zones or twelve units in Residence C Zones. It does not affect any existing buildings. Nevertheless, it is an important ordinance and it has support from all over the City. She urged the City Council to look at the wonderful design exhibit that is at Harvard this month, looking at the cities all over the world.

Christopher Robinson, 20 Ware Street, spoke in support of protecting existing trees, which make an important contribution to the quality of life in Cambridge.

Councillor Toomey invited Ms. Glowa to comment on the material she submitted for the hearing. Ms. Glowa said that the material includes a brief report from CDD on the status of The Tree Canopy Survey (Attachment C) and tree ordinances from Springfield, Lowell, Newton and Lexington (Attachment D).

Councillor Reeves asked about the differences and comparisons among the four ordinances. Ms. Glowa stated that the Springfield Ordinance provides that neither the City nor private owners can cut down significant trees without a permit. The trees covered by this ordinance are either seventy-five years old or three feet in diameter. The Lowell ordinance affects only public shade trees. The Newton Ordinance exempts lots with one, two, three or four dwelling units, or abutting lots. The trees protected are the same size as the Cambridge Ordinance: eight inches in diameter or eight inches aggregate. The ordinance applies to removal of any tree except those specifically exempted.

The Lexington ordinance protects public shade trees and certain trees on private property, again eight inches in diameter, but only in the context of construction.

Councillor Reeves said that right now in Cambridge hearings are required before public trees can be removed. He asked who makes the decisions. Ms. Glowa said that the Tree Warden makes the decision, which can be appealed to the City Manager. Councillor Reeves noted that Cambridge already protects significant trees through the Historical Commission landmark process.

Councillor Davis stated that the Historical Commission has reported to the Ordinance Commission that it believes that the process set forth in the proposed Tree Protection Ordnance would offer a better means for protection of trees than the landmark process in most cases.

Councillor Reeves asked about an instance where trees were removed in a shopping mall across from the Pavillion Condominium development in East Cambridge. Would the ordinance address this type of situation? Ms. Glowa replied that the ordinance would apply only if the removal were part of construction plan that required a special permit.

Councillor Reeves said that the Urban Canopy Assessment report said that only forty percent of the results are available now. He stated that he believes that it may be premature to decide on this ordinance before the council has complete data.

Councillor Maher asked whether there is a checklist or FAQ sheet that could address the common misunderstandings associated with the proposed ordinance and its effect on residential property.

Councillor Toomey suggested that the Co-Chairs arrange for memos to be sent to each member of the City Council to ask for a list of their questions and that they schedule another Ordinance Committee Meeting within two weeks, as a working meeting.

Councillor Reeves asked why the City has not written an ordinance to protect more trees. It would be wonderful to add something that would give the ordinance a more positive aspect.

It was agreed that there would be a working meeting of the committee on May 24th at the conclusion of the regular City Council meeting.

Councillor Maher requested that the staff use the time to start to develop a FAQ sheet to dispel the misinformation about the effect of this ordinance.

Councillor Reeves asked if there are any cities that have tree canopy enhancement ordinances. He also asked about Tree City USA.

Ms. Ryder said that the Tree City USA designation, which Cambridge has, requires an allocation of two dollars per capita for trees, which Cambridge exceeds, a designated tree board, and an annual celebration of Arbor Day with a proclamation.

Councillor Reeves said the City of Newton was called the "Flower City" and it purchased bulbs and sold them to residents. The City could likewise encourage the planting of trees in positive ways. Such an approach could have a win/win result for all. He asked Mr. Ryder if there are other cities that have such programs. Mr. Ryder said that he could give the committee information about the City’s existing tree program. Councillor Reeves said that he would also like to see the program advance another step in the level of assistance to citizens.

Mr. Ryder said that the City has a client tree program that assists residents with a subsidy in the purchase of trees. He said that he would provide the City Council with information about this program.

Councillor Toomey noted that the proposed Tree Protection Ordinance and accompanying zoning amendments be referred to the full City Council with a recommendation and that the issue remain in the Committee for further discussion. The motion passed on a voice vote without objection.

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

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

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