Cambridge City Council meeting - June 3, 2013 - AGENDA
[Councillor Reeves was ABSENT]

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to an order authorizing the City Manager to transfer appropriations of available balances prior to the close of books for FY12-13.

Agenda Item No. 1A     June 3, 2013
ORDERED: That pursuant to the provisions of General Laws, Chapter 44, Section 33B, and prior to the close of the books for FY13, the City Manager is hereby authorized to transfer appropriations from allotments with available balances to those needing supplementation.

2. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a $10,000 donation to the Expendable Trust Fund School Department Other Ordinary Maintenance account to establish the Marilyn A. McGinn Memorial Scholarship Fund.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer between School Department statutory accounts, which includes $428,437 from the General Fund School Salary and Wages account to the General Fund School Other Ordinary Maintenance account ($336,666), General Fund School Travel & Training account ($88,560) and the General Fund School Extraordinary Expenditures ($3,211) which are related to various re-allocations within school department programs and schools during the year to support educational needs.

4. Transmitting communication from Robert W. Healy, City Manager, relative to a $100,000 transfer from the General Fund School Travel and Training (Judgments and Damages) account to the Public Investment Fund Extraordinary Expenditures account which will enable the district to upgrade the wireless capacity at the Haggerty and Baldwin schools to a managed wireless network and will allow these two schools to have wireless capabilities in all common areas of their buildings.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-38, regarding a report on measures the City can take to prevent the transport of ethanol. [Meeting Notice with response from Congressman Michael Capuano]

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-09, regarding a report on improving logistical challenges of deliveries and trash removal to and from businesses as they related to adjacent residents.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-124, relative to the feasibility of finding additional secure locations for the disposal of prescription drugs.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 13-12 and 13-28, regarding Code for America Peer Network program.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-48, regarding the feasibility of providing the City Councillors with more Exchange server space.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-33, regarding a report on adding a RSS feed to all City web pages.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-24, regarding a report on the feasibility of utilizing the services provided by the Springfield Data Center and MassGIS's Oliver mapping tool.

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-42, regarding a report on the feasibility of shortening the traffic light cycle times at the intersection of Broadway and Ames Street.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-74, regarding a report on repainting the bike lanes near the intersection of Broadway and Hampshire Street and evaluate the need for repainting bike lanes city-wide.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-75, regarding a report on installing a stop sign at the intersection of Tremont Street and Gardner Road.

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-41, regarding a report on altering the SuperTours bus route to one that provides more interesting sightseeing opportunities while improving the quality of life of residents of Cambridge Street.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $95,000 from the Employee Benefits Salary and Wages account (Insurance) to the General Fund Police Travel and Training (Judgments & Damages) account to cover medical services for personnel injured on the job.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Executive Office of Public Safety and Security, Highway Safety Division in the amount of $7,500 to the Grant Fund Police Department Salary and Wages account which will be used to enhance effective pedestrian, bicycle and/or moped enforcement efforts, and reduce fatalities and injuries.

18. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a $4,500 in donation to the Grant Fund Public Works Other Ordinary Maintenance account to support public plantings in Central Square.

19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $105,678 in tree replacement funds received from the developer of 159 First Street to the Public Investment Fund Public Works Extraordinary Expenditures account which will use the funds to plant trees in the East Cambridge neighborhood.

20. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Massachusetts Department of Industrial Accidents Grant for $2,332.60 to the Public Works Grant Fund Other Ordinary Maintenance account and will be used to provide training to 40 DPW employees on Heartsaver First Aid which teaches critical skills to respond to and manage an emergency in the first few minutes until the arrival of emergency medical services.

21. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $137,000 in sewer mitigation funds received for sewer extension permits related to the development at 22 Water Street and 159 First Street to the Public Investment Fund Public Works Extraordinary Expenditures account and will be used in accordance with Mass DEP regulations for sewer inflow and infiltration removal in the sewer system that serves East Cambridge that will create greater capacity in reducing sewer back-ups and combined sewer overflows.

22. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-78, regarding a report on expanding the number of parks/playing fields with public toilets; Awaiting Report Item Number 12-132, regarding a report on incorporating permanent bathroom facilities at the Cambridge Common, conducting a study for permanent bathroom facilities in all squares and providing a list of all locations were portable bathroom facilities are currently located; Awaiting Report Item Number 12-150, regarding convening a task force to look into the creation of providing permanent public restrooms at high volume locations; and Awaiting Report Item Number 13-55, regarding a report on efforts to develop a working group to review public bathroom issues.

June 3, 2013
To the Honorable, the City Council:

In response to Awaiting Report Item Number 12-78, regarding a report on expanding the number of parks/playing fields with public toilets; Awaiting Report Item Number 12-132, regarding a report on incorporating permanent bathroom facilities at the Cambridge Common, conducting a study for permanent bathroom facilities in all squares and providing a list of all locations were portable bathroom facilities are currently located; Awaiting Report Item Number 12-150, regarding convening a task force to look into the creation of providing permanent public restrooms at high volume locations; and Awaiting Report Item Number 13-55, regarding a report on efforts to develop a working group to review public bathroom issues; please be advised that the Public Toilet Working Group reports the following:

A Working Group has been meeting to discuss the issue of public toilets citywide, as requested by the City Council, including one serving the Cambridge Common. This working group involves high level involvement from the City Manager's Office, the Mayor's Office, Police Department, the Public Health Department, the Department of Public Works, the Department of Human Service Programs, the Historical Commission, the Inspectional Services Department and the Community Development Department. The Working Group's progress to date includes research on other communities' experiences with public toilets and lessons learned, understanding where public toilets are currently, and a clarification of goals and strategies for identifying needs and creating effective solutions. Our paramount concern in siting a public toilet is to ensure it is well maintained and safe for all potential users. This will be a challenging issue for us to address as we move forward. However, we are committed to reaching workable solutions on this issue.

We will be engaging the community further in the discussion in the near future, and plan to put information from the Working Group on the City's website. We have invited members of Cambridge ACT (Advocates for a Common Toilet) to a working group meeting to discuss this issue and hear concerns.

Additional actions:
We are looking at improved signage and information on the location of restrooms currently available to the public. A list of portable/seasonal restroom in parks and playgrounds is below, along with a list of permanent public restrooms in municipal facilities. It is also important to note that the MBTA allows public use of its restroom facilities in each of its stations in Cambridge during operating hours.

Representatives of the Working Group have met with the fabricator of the Portland Loo (a public toilet designed by the city of Portland, Oregon) to get a detailed understand of this restroom facility.

We are developing a survey and other information-gathering tools to better understand the needs and expectations of the groups that would likely benefit most from public restrooms. The Working Group will seek information from three distinct audiences: (1) general users of the city's commercial squares and parks (e.g. tourists, parents of young children, pedestrians/bicyclists); (2) homeless service providers (including churches) and homeless individuals; and (3) local businesses, churches, and other organizations impacted by the lack of public restrooms in Cambridge. It is hoped that the findings will provide city departments and community stakeholders with a common understanding of audience needs and expectations, as well as inform the type public facilities needed and where they will be sited.

We are also looking specifically at the Cambridge Common and its immediate area, given the upcoming construction, to understand where the best location for a public toilet might be and to understand the additional work that would be necessary to accommodate a toilet there. In addition to location of utilities, consideration needs to be given to visibility, lighting and proximity to pedestrian activity.

Background on Cambridge Common toilet
September 2012: At the request of the Executive Director of Youth on Fire, representatives from Public Works and the Police Department met with the newly formed Harvard Square Homeless Coalition. A representative from the Department of Human Service Programs is a part of this Coalition. At this meeting we discussed needs of homeless individuals in Harvard Square and need for a toilet facility that would be open over night in the Cambridge Common specifically. In response to this request, the City agreed to move forward with a portable toilet in the Cambridge Common. The portable toilet was installed soon after as a pilot, with the plan of it being a seasonal facility and removing it in mid-November for the winter months.

At the time the toilet was installed, and in the interest of safety for all users, we developed a set of criteria for what might make the City consider removing the facility. These reasons include: if we find it is being used for illicit activities; if we find there are improper items left in the portable restroom, or if people are routinely using it to sleep in overnight; or if we are not able to keep up with proper maintenance of the facility.

The Cambridge Police agreed to pay close attention to the facility, particularly in the overnight hours. Members of the Harvard Square Homeless Coalition check the facility daily to make sure clothes or other items are not left in it, and have agreed to call us if the facility needs to be temporarily locked or needs immediate maintenance. Currently the facility is cleaned three times per week.

November, 2012: the City agreed to keep the facility on the Common open over the winter, and year round, per the City Council and constituents requests.

April 2013: Meeting with Cambridge ACT (Advocates for a Common Toilet) to discuss the Committee's desire for a permanent restroom facility on the Cambridge Common. Correspondence between the Public Works Commissioner and Cambridge ACT is attached.

Attachments: Correspondence with Cambridge ACT and Cambridge DPW; Lists of Public Restroom in Cambridge (Public Buildings); and Parks and Playgrounds with Public Toilets

Very truly yours, Robert W. Healy, City Manager

23. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Homeland Security Grant from the City of Boston for $46,893.67 to the Grant Fund Fire Salary and Wages account which is a reimbursement for trainings performed in conjunction with the Urban Area Security Initiative (UASI).

24. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $100,000 from the General Fund Employee Benefits Salary and Wages account (Insurance) to the General Fund Fire Travel and Training account (Judgments and Damages) to cover medical services and/or prescription reimbursement costs for fire personnel injured in performance of their duties.

25. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $30,000 from Free Cash to the General Fund Weights & Measures Extraordinary Expenditures account which will fund the replacement of a 2000 GMC truck used in daily operations.

26. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $3,000 from the Grant Fund Emergency Communications Salary and Wages account to the Grant Fund Emergency Communications Travel and Training account. The funds are in the Public Safety Answering Point and Regional Emergency Communication Center Support grant from the Executive Office of Public Safety and Security State 911 Department and will cover additional training costs.

27. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $21,480.89 from the Grant Fund Emergency Communications Other Ordinary Maintenance account to the Grant Fund Emergency Communications Salary and Wages account. The funds are in the Emergency Medical Dispatch grant from the Executive Office of Public Safety and Security State 911 Department and will cover overtime costs.

28. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-60, regarding a report on the feasibility of donating old computers to non-profit agencies in lieu of recycling them.

June 3, 2013
To the Honorable, the City Council:

In response to Awaiting Report Item Number 13-60, regarding a report on the feasibility of donating old computers to non-profit agencies in lieu of recycling them, please be advised of the following:

The IT Department has available as surplus the following computer equipment:
12 Dell PCs with 3.2 GHz Pentium 4 processors
15 Dell 15" flat panel monitors

The IT Department has been in touch with Get Connected! Solutions at Work, a non-profit organization that refurbishes high-quality donated computers and gives them to people moving out of homelessness to use to job search, find affordable housing, continue their education or stay in touch with their support network.

The hardware is valued at less than $5000.00, and the IT Department requests approval from the City Council per the attached approved procedures to donate this equipment to Get Connected! Solutions at Work.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 28A     June 3, 2013
ORDERED: That the City Council goes on record approving the request of the IT Department to dispose of surplus computer equipment by donating the items to Get Connected! Solutions at Work, a non-profit organization, as required pursuant to M.G.L. c. 30B, s. 15 - Procedures for the Disposal of Supplies Valued at Less Than $5,000.

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-09, regarding a report on the use of coal and on Cambridge becoming coal-free. [City Manager Agenda Number One of Mar 5, 2012 Placed on Table on motion of Vice Mayor Simmons on Mar 5, 2012.]

2. Urge greater cooperation from the Cambridge Housing Authority to better serve the people of Cambridge. [Order Number Two of Apr 9, 2012 Placed on Table on motion of Vice Mayor Simmons on Apr 9, 2012.]

3. That the City Manager is requested to confer with the Community Development Department and other relevant departments in order to present to the City Council a map of Cambridge that shows, by location and by date, all of the areas where construction is and will be taking place over the coming decade. [Order Number Four of Apr 9, 2012 Placed on Table on motion of Councillor Toomey on Apr 9, 2012.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 12-28, regarding temporary ramps and obstructions in construction zones. [City Manager Agenda Number Eight of Apr 23, 2012 Placed on Table on motion of Councillor Kelley on Apr 23, 2012.]

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-35, which requests a report on whether there were any public safety officers that falsified their emergency medical training re-certification while employed by the City of Cambridge. [Charter Right exercised by Councillor Toomey on City Manager Agenda Number Two of May 21, 2012. Placed on Table on motion of Councillor Toomey on June 4, 2012.]

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-63 regarding a report on safety issues at the intersection of Massachusetts Avenue and Vassar Street. [City Manager Number Twenty-three of July 30, 2012 Placed on Table on motion of Councillor Kelley on July 30, 2012.]

7. That the City Manager is requested to confer with relevant City staff and report back to the City Council on whether a tagging program could be implemented to notify owners of bicycles that have been removed from sign posts by the Department of Public Works and contact information for retrieval of said bicycle. [Order Number Fourteen of July 30, 2012 Placed on Table on motion of Councillor vanBeuzekom on July 30, 2012. Councillor Toomey recorded in the negative on Tabling.]

8. That the Cambridge City Council go on record urging the members of the Massachusetts Committee on House Steering, Policy and Scheduling to pass MA House Bill 4165, "An Act Relative to Speed Limits." [Charter Right exercised by Councillor Decker on Order Number Eleven of Nov 19, 2012. Order Number Eleven of Nov 19, 2012 Placed on Table on motion of Councillor Toomey on Dec 3, 2012.]

9. That the City Manager is requested to work together with the appropriate city officials including the City Solicitor and report back to the City Council regarding modification of the ordinance (10.12.030) that links the awarding of a one yearlong Visitor Parking Permit per household to the purchase of a $25 Cambridge Resident Parking Permit. [Charter Right exercised by Councillor Decker on Order Number Eight of Jan 28, 2013. Order Number Eight of Jan 28, 2013 Placed on Table on motion of Councillor vanBeuzekom on Feb 11, 2013.]

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-90, regarding a report on Executive Session to discuss lawsuits. [City Manager Agenda Number Seven of Feb 25, 2013 Placed on Table on motion of Councillor Kelley on Feb 25, 2013.]

11. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation to determine the feasibility of implementing a pay-by-phone parking meter program in Cambridge, and report back to the City Council with recommendations as soon as possible. [Order Number Two of Mar 18, 2013 Placed on Table on motion of Councillor Kelley on Mar 18, 2013.]

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 13-29, regarding a report on the feasibility of not allowing residents of new buildings to obtain on-street resident parking stickers. [City Manager Agenda Number Two of Apr 1, 2013 Placed on Table on motion of Councillor Kelley on Apr 1, 2013.]

13. An application was received from Muireann Glenmullen requesting permission for a curb cut at the premises numbered 93 Kirkland Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the neighborhood association. May 7, 2013 neighborhood association response received. [Charter Right exercised by Councillor Kelley on Applications and Petitions Number Three of May 6, 2013. Placed on Table on motion of Councillor Maher on May 20, 2013.]

UNFINISHED BUSINESS
14. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on Apr 3, 2013 to discuss an amendment to the Zoning Ordinance to create a new Section 6.100 Bicycle Parking, and to create a new definition for Bicycle Parking in Article 2.000, modify the yard standards in Article 5.000 as they relate to bicycle parking and modifying various sections of Article 6.000 to remove references to bicycle parking. The question comes on passing to be ordained on or after May 6, 2013. Planning Board hearing held Mar 19, 2013. Petition expires June 17, 2013. May 6, 2013 substituted language referred to Unfinished Business and remained on Unfinished Business.
Ordained 8-0-1 (Reeves ABSENT) as amended by substitution - Ordinance #1357

APPLICATIONS AND PETITIONS
1. An application was received from Third Eye Restaurant requesting permission for three tables and eight chairs for restaurant seating in front of the premises numbered 2088 Massachusetts Avenue.

2. An application was received from Central Bottle Wine and Provisions requesting permission for eight tables for display of merchandise in front of the premises numbered 196 Massachusetts Avenue.

3. An application was received from India Pavilion Restaurant requesting permission for ten tables and twenty chairs for restaurant seating in front of the premises numbered 17-21 Central Square.

4. An application was received from KW Insurance requesting permission for two awnings at the premises numbered 1361 Cambridge Street. Approval has been received from Inspectional Services, Department of Public Works, Historical Commission, Community Development and abutters.

5. An application was received from the Museum of Fine Arts, Boston requesting permission for fourteen temporary banners on electrical poles along JFK Street from Memorial Drive to Mount Auburn Street and thirteen temporary banners on electrical poles along Massachusetts Avenue from the Inn at Harvard (1201 Massachusetts Avenue) to General MacArthur Square across from Church Street encouraging visitation to the Museum of Fine Arts, Boston. Temporary banners will be hung June through August. Approval has been received from the Electrical Department.

6. An application was received from Marc Resnick, Trustee of Cottage Park Realty Trust requesting permission for a sign at the premises numbered 22 Cottage Park Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development and abutters.

COMMUNICATIONS
1. A communication was received from Catharine Taylor regarding the Lighting Ordinance.

2. A communication was received from Anna Stothart, 25 Wood Street, Cambridge regarding Cambridge lighting.

3. A communication was received from Nicolai Cauchy regarding no change in parking on Huron Avenue.

4. A communication was received from KL McGill, 31 Brush Hill Lane, Milton, MA regarding public toilets on the Cambridge Common.

5. A communication was received from Keith F. Carlson, 31 Brush Hill Lane, Milton, MA regarding public toilets on the Cambridge Common.

6. A communication was received from Lane Lambert and Margie Lawson, 48 Hall Street, Jamaica Plain, MA regarding public toilets on the Cambridge Common.

7. A communication was received from Emily Gray regarding public toilets on the Cambridge Common.

8. A communication was received from Chad Smith regarding public toilets on the Cambridge Common.

9. A communication was received from David H. Woessner, Harvard Divinity School regarding public toilets on the Cambridge Common.

10. A communication was received from Lucille and John Rebello transmitting thanks for the City Council resolution congratulating them on their 50th Wedding Anniversary.

11. A communication was received from Mark Boyes-Watson, 222 Erie Street, Cambridge and Muireann Glenmullen, 4 Channing Circle, Cambridge regarding 93 Kirkland Street Curb Cut Application.

12. A communication was received from Gloria G. Ratti, Vice President, Boston Athletic Association transmitting thanks for the proclamation from Mayor Davis and City Councillors regarding the 2013 Boston Marathon event.


13. A communication was received from James A. Hawkinson transmitting information that the Police Department has deployed automated license plate readers.

14. A communication was received from James A. Hawkinson regarding the RSS feeds on City websites.

15. A communication was received from Carol O'Hare, 172 Magazine Street regarding noise control and increasing extraneous, intrusive and ambient unnecessary noise.

16. A communication was received from Valerie Livingston, 6-8 Holden Street regarding the curb cut for 93 Kirkland Street.

17. A communication was received from James Williamson, 1000 Jackson Place in opposition to ethanol trains traveling through Cambridge, Somerville, Everett and Revere.


RESOLUTIONS
1. Retirement of Deborah Gordon from the Human Services Department.   Mayor Davis

2. Resolution on the death of Alberta R. Baynes Williams.   Councillor Maher

3. Thanks to Nathan Peyton of CoCre@tive C@mbridge for his contributions to the City of Cambridge.   Councillor Cheung

4. Thanks to Lindsay Morgia of CoCre@tive C@mbridge for her contributions to the City of Cambridge.   Councillor Cheung.

5. Thanks to Po-Yu Yuen of CoCre@tive C@mbridge for her contributions to the City of Cambridge.   Councillor Cheung

6. Thanks to John Ferrante of CoCre@tive C@mbridge for his contributions to the City of Cambridge.   Councillor Cheung

7. Resolution on the death of Charles G. "Charlie" Christo.   Councillor Toomey

8. Resolution on the death of Walter J. Lyons.   Councillor Toomey, Councillor Maher

9. Resolution on the death of Julia A. (Doyle) Griffin.   Councillor Maher

10. Congratulations to the organizers of the Hong Kong Dragon Boat Festival on their 34th annual event.   Councillor Cheung

11. Welcome Seth Proctor as the new CTO of NuoDB.   Councillor Cheung

12. Congratulations to PollBuzzer for being recognized as a Mass High Tech Company to Follow by the Boston Business Journal.   Councillor Cheung

13. Congratulations to Walter Nufio for his successful completion of the Youth CITIES March-to-May Bootcamp and becoming a Youth CITIES Scholar.   Councillor Cheung

14. Declare June as Aphasia Awareness Month.   Mayor Davis

15. Congratulations to Gish Jen on her new book titles Tiger Writing.   Councillor Decker

16. Congratulations to the Cambridge Synchro Swans Synchronized Swimming Team for qualifying for the 2013 eSynchro U.S. Age Group Nationals and East Zone Championships.   Mayor Davis

17. Thanks and best wishes to Lieutenant Governor Timothy Murray for his service to the Commonwealth of Massachusetts.   Councillor Decker

18. Congratulations to Cloze for their innovation in the tech community.   Councillor Cheung

19. Congratulations to Gaurav Chatterjee on the Community Charter School of Cambridge's end of the year Roundtable presentation on June 20, 2013.   Councillor Cheung

20. Congratulations to Gabriela Martinez Hernandez on the Community Charter School of Cambridge's end of the year Roundtable presentation on June 20, 2013.   Councillor Cheung

21. Congratulations to the Asian American Civic Association on the occasion of its 2013 Annual Gala and thanks for their 46 years of service to the surrounding community.   Councillor Cheung

22. Congratulations to Chef Joanna Chang on her new cookbook titled "flour, too."   Councillor Decker

23. Thanks to Steven J. Swanger for his 33 years of dedicated service at the Cambridge Housing Authority.   Mayor Davis

24. Proclaim June 1, 2013 as Olivia Kangsen Day in the City of Cambridge.   Vice Mayor Simmons

25. Congratulations to Maia Holloway on receiving the Cambridge GLBT Commission's Rose Lipkin Award for 2013.   Mayor Davis

26. Congratulations to Superintendent Chris Burke of the Cambridge Police Department on receiving the Cambridge GLBT Commission's Individual Award for 2013.   Mayor Davis

27. Congratulations to the Gay and Lesbian Advocates and Defenders organization for receiving the Cambridge GLBT Commission's Organizational Award for 2013.   Mayor Davis

28. Congratulations to Dr. Nancy Rappaport on receiving the Cambridge Health Alliance Foundation Art of Healing Award for 2013.   Mayor Davis, Councillor Cheung

29. Congratulations to Jay Livingston on winning the democratic primary for State Representative for the 8th Suffolk District.   Councillor Toomey, Mayor Davis

30. Congratulations to City Manager Robert W. Healy on his fellowship at Harvard University's Kennedy School of Government.   Mayor Davis

31. Best wishes to the Cambridge Chamber of Commerce as they celebrate the 90th anniversary of the Excellence in Business Awards on June 20, 2013.   Mayor Davis

32. Resolution on the death of Ken Thomson.   Mayor Davis

33. Congratulations to Professor Eric S. Lander on receiving the 2012 Harvey Prize for his contributions to the field of genomics.   Mayor Davis


34. Congratulations to Reverend Irene Munroe for being awarded the 2013 Annual Bayard Rustin Service Award.   Vice Mayor Simmons

35. Resolution on the death of Michael E. Sullivan.   Councillor Toomey

36. Resolution on the death of Catherine M. (O'Neil) Frawley.   Councillor Maher, Councillor Toomey

37. Resolution on the death of Anna H. (Batvinskas) Lindsey.   Councillor Toomey

38. Congratulations to Luc Schuster and Meredith Jones on their recent engagement.   Mayor Davis

39. Congratulations to Karen Trainor on her retirement as a Crossing Guard.   Councillor Maher

40. Happy 91st birthday wishes to Rita Yard.   Vice Mayor Simmons

41. Congratulations to Dean Blase on her Doctorate of Education Leadership from the Harvard Graduate School of Education and best wishes in her new position as Director of Curriculum and Instruction for the Wellesley Public Schools.   Mayor Davis


ORDERS
1. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Wayne Ishikawa for a street corner dedication in honor of Michael Shinagel.   Councillor Toomey

2. That the City Manager is requested to confer with relevant City staff, City of Boston, state transportation officials and Longfellow Bridge construction project managers to determine if it would be possible for pedicabs to transfer passengers from the general MGH/Charles Street area of Boston to the general Kendall Square area of Cambridge and back again.   Councillor Kelley

3. That the City Manager is requested to report back on the feasibility on making the Foundry available for a community gathering on June 22, 2013.   Councillor Toomey

4. That the City Manager is requested to report back to the City Council on the potential causes of and possible solutions to repeated sewer gas smell complaints in the vicinity of 135 Inman Street, to include smells emanating from drains such as the one near the fire station.   Councillor Kelley

5. That the City Manager is requested to confer with the State Auditor's Office to determine if the state of Massachusetts will fund the costs incurred by the city when it assesses and establishes full and fair cash value for tax-exempt properties within the City of Cambridge even though the city cannot collect taxes from said properties.   Councillor vanBeuzekom
Charter Right - Decker

6. That the City Manager is requested to appoint a working group of up to eleven people charged with drafting a community response to the Mar 29, 2013 report issued by the Massachusetts Department of Transportation as it relates to ethanol transport and the impact on the City of Cambridge.   Councillor Maher and Councillor Decker


7. That the City Manager is requested to review the position of Administrative/Election/City Council in accordance with other similar positions in the City and if deemed there is a disparity said disparity be corrected.   Councillor Maher
Approved 8-0-1 (Reeves ABSENT)

8. That the Government Operations and Rules Committee recommends the re-appointment of James Monagle as City Auditor for a term beginning June 1, 2013 and expiring on May 31, 2016.   Councillor Cheung
Approved 8-0-1 (Reeves ABSENT)

9. That the Government Operations and Rules Committee recommends the appointment of Donna P. Lopez as City Clerk for a term beginning June 1, 2013 and expiring on May 31, 2016.   Councillor Toomey
Approved 8-0-1 (Reeves ABSENT)

10. That the City Manager is requested to instruct the City Solicitor to provide a legal opinion on the expiration date on the Phillips petition and whether if the petition is re-filed would the extension take the special permit decision of the Planning Board out of jeopardy.   Councillor Kelley

11. That the City Manager is requested to instruct the City Solicitor to provide a legal opinion on how many times a petition can be filed on the same zoning petition (serial filings).   Councillor Toomey

12. That the City Manager is requested to instruct the City Solicitor to provide a legal opinion on whether it is legal to open Cottage Park Avenue.   Councillor vanBeuzekom

13. That the former site of the Cambridge Police Department which is now the new location for the Cambridge Community Learning Center, the Cambridge Housing Authority and the Multi-Service Center be named the "Alice K. Wolf Center" and that a suitable dedication ceremony be planned by the Executive Assistant to the City Council and the staff.   Councillor Maher


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public meeting held on May 7, 2013 to discuss enforcement of loud car radios and motorcycle mufflers.

2. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on May 16, 2013 to discuss a zoning petition from Charles D. Teague, et al, requesting the City Council to amend the Zoning Ordinances to clarify the existing law so that said law can be enforced by inserting text after Section 7.20 Illumination, with the existing test to be retained and labeled as Section 7.23 Lighting Restrictions for Residential Districts.
Passed to 2nd Reading

3. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public meeting held on May 17, 2013 to discuss the proposed City of Cambridge Draft Security Camera Policy.

4. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Government Operations and Rules Committee, for a public meeting held on May 22, 2013 to review the status of positions reporting directly to the City Council.

5. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public hearing held on May 22, 2013 to discuss a zoning petition from Michael Phillips, et al., requesting the City Council to amend the Zoning Ordinance to the special District 2 (SD-2) zoning district in North Cambridge.

6. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Public Safety Committee, for a public meeting held on May 23, 2013 to continue to discuss the proposed City of Cambridge Security Camera Policy.


7. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Government Operations and Rules Committee, for a public meeting held on June 3, 2013 to discuss the dedication of the former Police Station.


COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Craig Kelley notifying the City Manager and City Council of his intention to move to take Calendar Item #10 from the table to enable discussion of various lawsuits against the City.

May 30, 2013
Mr. Healy and fellow Council members:

At our 3 June meeting, I will move to take Calendar Item #10 from the table to enable discussion of various lawsuits against the City. My hope is to have as much of this conversation in open meeting and reserve as little as possible, if any, for Executive Session. Please contact me directly if you have any questions or concerns.

Sincerely,
Craig Kelley

2. A communication was received from Councillor Minka vanBeuzekom alerting her colleagues of her intention to pull Awaiting Report Item Number 12-90 (Unfinished Business #10) to discuss pending lawsuits.

May 30, 2013
To: Cambridge City Clerk
From: Councillor Minka vanBeuzekom

I would like to alert my colleagues that I intend to pull an awaiting report Item Number 12-90 (also called unfinished Business #10) so that we may discuss pending lawsuits.

This request will require the council to meet in executive session; presumably as the last order of business on the agenda.

Thank you.

HEARING SCHEDULE
Mon, June 3
9:00am   The Government Operations and Rules Committee will conduct a public meeting to discuss the dedication of the former Police Station.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, June 4
4:30pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to explore the potential and long term impact of developing urban agriculture initiatives throughout the neighborhoods in the City of Cambridge.  (Sullivan Chamber)

Wed, June 5
3:00pm   The Civic Unity Committee will conduct a public meeting to examine the aftermath of the Boston Marathon bombing through the lens of class and culture.  (Sullivan Chamber)
5:30pm   The Public Safety Committee will conduct a public meeting to continue to discuss the proposed City of Cambridge Security Camera Policy.  (Sullivan Chamber)

Mon, June 10
5:30pm   Roundtable/Working Meeting. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

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

Wed, June 19
4:30pm   The Ordinance Committee will conduct a public hearing to discuss a zoning petition from Jenny Popper-Keizer, et al., requesting the City Council amend the Zoning Ordinance and Map from SD-8A to Residence C-1 in the area bounded by Allston Street to the north, Putnam Avenue to the south, Sidney Street to the west and Waverly Street to the east. This hearing to be televised.  (Sullivan Chamber)

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

Wed, June 26
4:30pm   The Ordinance Committee will conduct a public hearing to discuss proposed changes to the Cambridge Zoning Ordinance relating to rainwater separation in residential buildings. This hearing to be televised.  (Sullivan Chamber)

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

Tues, July 30
5:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss assessing the current status of Central Square following the Central Square Advisory Committee's non-zoning recommendations and exploring potential options to make the neighborhood a safer and more family-friendly area.  (Sullivan Chamber)

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

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

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

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

Mon, Oct 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 28
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

Mon, Dec 2
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

TEXT OF ORDERS
O-1     June 3, 2013
COUNCILLOR TOOMEY
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Wayne Ishikawa for a street corner dedication in honor of Michael Shinagel; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for their review and approval.

O-2     June 3, 2013
COUNCILLOR KELLEY
WHEREAS: The Longfellow Bridge will be shut to automobiles driving into Cambridge for three and a half years starting this July
WHEREAS: The detour for automotive traffic is a 3.5 mile trip through East Cambridge; and
WHEREAS: The Longfellow Bridge will remain open for bicycle and pedestrian traffic in both directions; and
WHEREAS: The ability of pedicabs, of which a total of roughly 60 will soon be operating in both Cambridge and Boston, to cross Longfellow Bridge with passengers is prohibited but is physically possible now and during the construction project; and
WHEREAS: A pedicab service across the Longfellow Bridge might help people cross into Cambridge more efficiently when the Cambridge-bound vehicular traffic is halted; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff, City of Boston, state transportation officials and Longfellow Bridge construction project managers to determine if it would be possible for pedicabs to transfer passengers from the general MGH/Charles Street area of Boston to the general Kendall Square area of Cambridge and back again; and be it further
ORDERED: That if it is possible for pedicabs to provide this service, that the City Manager be, and hereby is, requested to confer with relevant City staff and City of Boston staff to provide the regulatory framework for this service to operate across the Charles River to and from the areas noted; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on this matter to the City Council.

O-3     June 3, 2013
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back on the feasibility on making the Foundry available for a community gathering on June 22, 2013.

O-4     June 3, 2013
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the potential causes of and possible solutions to repeated sewer gas smell complaints in the vicinity of 135 Inman Street, to include smells emanating from drains such as the one near the fire station.

O-5     June 3, 2013
COUNCILLOR VANBEUZEKOM
WHEREAS: The Massachusetts Division of Local Mandates is a critical resource for cities and towns, lawmakers and the courts; and
WHEREAS: The Local Mandate Law gives the State Auditor's Office the authority to determine if a proposed or existing state mandate imposes direct costs onto a city by providing an analysis of the state mandate's financial impact on a city; and
WHEREAS: Massachusetts state law mandates that all cities & towns regularly establish full and fair cash value for ALL real estate and business personal property within their jurisdiction; and
WHEREAS: A land area equal to 43% of the total land area of the City of Cambridge is tax-exempt and therefore no property taxes are recouped for the properties located within this land area; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the State Auditor's Office to determine if the state of Massachusetts will fund the costs incurred by the City when it assesses and establishes full and fair cash value for tax-exempt properties within the City of Cambridge even though the City cannot collect taxes from said properties; be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-6     June 3, 2013
COUNCILLOR MAHER
COUNCILLOR DECKER
WHEREAS: There have been three recent serious train derailments in the last month in the United States; one in Missouri, and two in densely populated urban areas, Baltimore, Maryland and Bridgeport, Connecticut; and
WHEREAS: These derailments highlight the very real potential for disaster on the nations rail system; and
WHEREAS: Our community continues to struggle with the possibility that trains transporting ethanol may be allowed to use tracks in Cambridge and Greater Boston to transport this highly volatile fuel; and
WHEREAS: These recent derailments only further the argument about the potential danger and risk to residents and those working throughout the metropolitan Boston area, specifically in Hazmat District #2; and
WHEREAS: The City of Cambridge and our residents could benefit from an easy to understand "community response" to the Mar 29, 2013 report issued by the Massachusetts Department of Transportation (DOT); and
WHEREAS: Such a response document could outline Cambridge's deep concerns about this issue and help our city to shape a cohesive message of opposition to our federal representatives and could be used in our ongoing efforts to lobby against trains carrying ethanol; now therefore be it
ORDERED: That the City Manager be and hereby is requested to appoint a working group of up to eleven people charged with drafting such a community response; and be it further
ORDERED: That such a working group consists of residents, city representatives, first responders, and representatives from the business/institutional community.


O-7     June 3, 2013
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to review the position of Administrative/Election/City Council in accordance with other similar positions in the City and if deemed there is a disparity said disparity be corrected.

O-8     June 3, 2013
COUNCILLOR CHEUNG
ORDERED: That the Government Operations and Rules Committee recommends the re-appointment of James Monagle as City Auditor for a term beginning June 1, 2013 and expiring on May 31, 2016; and be it further
ORDERED: That this recommendation be referred favorably to the full City Council.

O-9     June 3, 2013
COUNCILLOR TOOMEY
ORDERED: That the Government Operations and Rules Committee recommends the appointment of Donna P. Lopez as City Clerk for a term beginning June 1, 2013 and expiring on May 31, 2016; and be it further
ORDERED: That this recommendation be referred favorably to the full City Council.

O-10     June 3, 2013
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on the expiration date on the Phillips petition and whether if the petition is re-filed would the extension take the special permit decision of the Planning Board out of jeopardy.

O-11     June 3, 2013
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on how many times a petition can be filed on the same zoning petition (serial filings).

O-12     June 3, 2013
COUNCILLOR VANBEUZEKOM
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on whether it is legal to close Cottage Park Avenue and open Brookford Street.

O-13     June 3, 2013
COUNCILLOR MAHER
ORDERED: That the former site of the Cambridge Police Department which is now the new location for the Cambridge Community Learning Center, the Cambridge Housing Authority and the Multi-Service Center be named the "Alice K. Wolf Center" and that a suitable dedication ceremony be planned by the Executive Assistant to the City Council and the staff, and be it further
ORDERED: That the Deputy City Manager be and hereby is requested to report back to the City Council with a plan for either a suitable plaque or a sign for the "Alice K. Wolf Center".


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Public Safety Committee held a public meeting on Tues, May 7, 2013 beginning at 5:30pm in the Sullivan Chamber.

The purpose of the meeting was to discuss enforcement of loud car radios and motorcycle mufflers.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Councillor vanBeuzekom; Deputy Superintendents of Police Jack Albert and Joe Wilson; Elizabeth Lint, Executive Officer, License Commission; Andrea Boyer, Chief Licensing Investigator, License Commission; and Interim City Clerk Donna P. Lopez.

Councillor Kelley convened the meeting and explained the purpose. He opened the meeting to public comment. No one appeared and public comment was closed.

Councillor Kelley stated that complaints are made about motorcycle noise and car noise. He scheduled this meeting to review whether there is a need for further discussion on this issue. Noise is regulated in three ways: EPA, State and City ordinance. He asked which is followed.

Deputy Superintendent Albert stated that motorcycle are regulated from the point of being made and must be stamped with an EPA label when leaving factory that shows the mufflers do not exceed the 82-86 decibel level depending on the speed being driven. That's the EPA enforcement. Noise exhaust is regulated by the state via 540 CMR which states that there is only an annual inspection which requires that the issued EPA stamp be on the muffler. Councillor Kelley asked how loud is 82 decibels? Ms. Boyer responded that 76-78 decibels represents fluctuating bus noise; this is average and is based on the element where the noise is emanating from, reflections off buildings and so forth. Boston passed an ordinance about motorcycle noise, but it was unenforceable. Cambridge purchased the equipment and was trained to use it. Because measurement must be done from 50 feet from the tailpipe this cannot be done on site; it needs to be in a controlled environment and it is pretty unworkable as an enforcement technique.

Deputy Superintendent Albert stated that Cambridge has found that the best way to enforce sound emission is through Chapter 90, Section 16 which sets a $50 fine and includes motorcycles and cars. It also includes harsh objectionable noise, which is not clearly defined which, in turn, presents its own problems. Modification to a motorcycle needs to be done by a mechanic. The interior of the tailpipe can be modified and the EPA stamp is still left on so even a visual inspection may not find any noticeable problems on a very noisy motorcycle.

Councillor vanBeuzekom asked if it went to court a professional would be need. Deputy Superintendent Albert stated that this is governed by Chapter 90 Section 7U.

Councillor Kelley asked how problematic is this issue? Does the City have an ambient reader that could read noise for hours and help determine just how often loud motorcycles, or anything else, were an issue. Ms. Boyer stated that it takes 5 minutes to do the reading in any one place but she wouldn't recommend placing a sound meter in a location for an extended period. Deputy Superintendent Albert commented that Boston's experience was there was a Harley Davidson dealer on Newbury Street that attracted loud motorcycles and when Boston implemented its noise laws, the American Motorcycle Association stated that their lawyers would fight the regulation.

Ms. Boyer commented that she has been doing noise readings for twenty years and has received two calls in that time about motorcycles and their loud noise. She stated that the City's Noise ordinance is implemented when working on a motorcycle on private property but it does not cover motorcycles being driven. Deputy Superintendent Albert added that in over twenty years he has issued four citations for motorcycles. If approached for loud car radio or residential noise the person is told to turn the radio down. Ms. Lint added that the court has ruled that radio noise cannot be regulated. It is a first amendment right.

Deputy Superintendent Wilson stated that he would not know what to look for in a modification to a motorcycle tailpipe. Councillor Kelley commented that personnel can be trained. Noise is different in any setting because of building setbacks that can echo and magnify noise.

Councillor Kelley asked if the City has the ability to place a noise meter for a period of time. Ms. Boyer stated that the reading would give ambient noise levels. Ms. Boyer stated that the Noise Ordinance is written geared to specific stationary noise. Ms. Lint added that complaints have been received about leaf blowers.

Councillor vanBeuzekom commented that the four citations that were issued for loud motorcycles were dismissed. Noise level is subjective and each person feels differently about noise levels.

Councillor Kelley stated that he needs to build a case for enforcement if he wants it to happen more often than the small amount it does now. He stated that if a sound meter were used to measure motorcycle noise and if the levels are often found to be more than allowed this would be a different conversation but right now there seems to be no clear regulatory problem to be solved. The City Council needs to be convinced that this is a problem and needs different regulatory enforcement and resource allocation. Deputy Superintendent Albert stated that he cannot see another regulatory tool other than 90C. Deputy Superintendent Wilson stated that over 100 citations have been issued over a couple of years but it is for all types of noise. There were no citations for motorcycles. Councillor Kelley stated that people who want regulation done on motorcycles need to build a stronger case.

Councillor Kelley thanked all those present for their attendance.

The following e-mails were made part of the report:

Michael Richards, 25 Highland Avenue, regarding noise from loud music, construction, cars, ventilation systems and loud machines (ATTACHMENT A).

Chris Summerfield stating that he is more annoyed by the noise caused by leaf blowers than motorcycle and car noise (ATTACHMENT B).

Julius Fister and Liliana Gheorghiu requesting that the city create more effective ordinance to regulate noise (ATTACHMENT C).

Three communications from Chris Young (ATTACHMENTS D-1, D-2 and D-3).

Steve Dickman, 48 Mount Pleasant Street, in support of noise reduction starting with loud car sound systems, motorcycles and trucks (ATTACHMENT E).

The meeting adjourned at 6:00pm.

For the Committee,
Councillor Craig Kelley, Chair


Committee Report #2
The Ordinance Committee held a public hearing on May 16, 2013 beginning at 4:44pm in the Sullivan Chamber.

The purpose of the hearing was to discuss a zoning petition from Charles D. Teague, et al, requesting the City Council to amend the Zoning Ordinances to clarify the existing law so that said law can be enforced by inserting text after Section 7.20 Illumination, with the existing test to be retained and labeled as Section 7.23 Lighting Restrictions for Residential Districts.

Present at the hearing were Councillor David Maher, Chair of the Committee; Councillor vanBeuzekom; Councillor Kelley; Stuart Dash, Director of Neighborhood Planning, Community Development Department (CDD); Jeff Roberts, Planner, CDD; and Interim City Clerk Donna P. Lopez.

Also present were the petitioner, Charlie Teague, 23 Edmunds Street; Tom Stohlman, 19 Channing Street; Dennis Carlone, 16 Martin Street; Marilyn Wellons, 651 Green Street; Gary Dmytryk, 2440 Mass. Avenue; Heather Hoffman, 213 Hurley Street; Carol Lynn Alpert, 99 Cushing Street; John Walker, 150 Whittemore Avenue; John Pitkin, 18 Fayette Street; Brooksany Coe, 35 Wood Street; and Gary Mello, 324 Franklin Street.

Councillor Maher convened the hearing and explained the purpose. He stated that the meeting is being recorded with audio and visual devices.

Councillor Maher made a motion that the original petition be substituted by the May 16, 2013 document (ATTACHMENT A).

The motion to amend by substitution carried on a voice vote.

Mr. Teague petitioner gave a presentation (ATTACHMENT B). The substituted text can be enforced by ISD. He has reviewed the substituted text with CDD. He commented that zoning affects all aspects of your life. Only 3 existing paragraphs will be reviewed. Illumination 7.20 protects Residence A, B, C, C-1. The subject today is how to define that lighting is bad. He had slides about Intensity and defused light shadows and bright light. Lights are put up high to light parking lots. The zoning 6.41 intent speaks about no glare, but glare is a sophisticated. In the sign provision light should be direct light. Residence A, B, C and C-1 are more protected, but on the edge there is less protected. Glare and direct light are not defined. Lights on the 7 Eleven shine down. Lights are put up high and he has shadows in his living room from the lights. Direct light equals "glare" diagram. There are simple solutions to light a yard. He wants to eliminate the glare. He had diagrams of good and bad lighting installation. There is good and bad useless light. Increased light can decrease safety. The light should be where it is needed. If you want security one can put a fence on ones property, not on your neighbors. This goes the same for light - light can be installed on ones property, not on your neighbors. He had slides of good lighting examples they face down and inward. Small intrusive lights disturb sleep. Sleep is critical for good health. The American Medical Association declared that glare is a public health hazard. He had key enforcements: no right to shine lights into other people's windows. Many remedies are inexpensive and enforceable. Add a distance from the light. He suggested defining light bulb and luminaries, but exclude holiday lighting. He added illuminated signs. The key is defining direct light. If you can look up and see the light this is direct light. Daytime photos will show the light or the bulb of lens this is the source of the problem. This should be a city-wide provision. Streets are meant to be lit. It is complaint driven. There are easy fixes: get a shield or paint the inside of the lens. This can be appealed to BZA. Easy fixes, turn lights off, bend lights down, and shade the lights. This equalizes the intent to all. This is an undisputed public health nuisance. He requested that the substituted petition be referred to the full City Council.

Councillor Maher asked CDD to give a history of the petition. There was a similar petition before the City Council a couple of years ago. What was the opinion of the Planning Board then? He asked for a summary of the differences between the previous petition and the current petition.

Stuart Dash stated that the Planning Board heard the earlier petition and it expired. No recommendations were made by the Planning Board. Jeff Roberts stated that the previous petition was heard by the Planning Board in September 2011. He added that the Planning Board will hear this current petition on May 21. In the previous petition the Planning Board was sensitive to issues such as the need for clarity, definitions, the scope of applicability and gaps in the code where it did not apply. The Planning Board had issues to explore more in depth were in the areas of enforcement and conformance. Council these standards be easily applied. Property owners feel that lighting is needed for security. Adequate security should not be impeded for property owners. The Planning Board requested staff to look at the proposal in more depth. CDD staff did review the petition as suggested by the Planning Board, but the petition expired. Other suggestions were to look at other communities for their regulation on light intensity, light trespass as well as the enforcement mechanism, and how much of the issue needed to be addressed in the zoning versus enforcement issues. He stated that some of these issues will be reported to the Planning Board when they hear this petition on May 21st. Councillor Maher asked how soon after the Planning Board hearing will the report be written. Mr. Roberts stated that a report will be written after the Planning Board has made their recommendations. He was unsure if the Planning Board would continue the hearing on this petition.

At this time Councillor Maher opened the meeting to comments by the City Council.

Councillor Kelley stated that the proposal is reasonable. He commented that as lighting styles change there is a different impact on what is being lit. This is not covered. This makes sense. He asked Mr. Teague about the quality of lights and does it impact the petition. Mr. Teague stated that this should not have an impact. He is defining direct light to be if you can see the light bulb, lens or reflector. He can see his shadow in the Sullivan Chamber because the lights are bright. The problem with the lights is when you can see the lens. Councillor Kelley stated that he is ready to refer this petition to the full City Council.

Councillor vanBeuzekom stated that this is a public health and a quality of life issue and also wastes energy efficiency. This makes sense. It is not appropriate for the areas wanted to keep secure by infringing on someone else property and quality of life. She would like to refer the petition to the full City Council.

At 5:17pm Councillor Maher opened the meeting to public comment.

Tom Stohlman, 19 Channing Street, stated that he supports the proposal and asked that it be referred to the full City Council for passage. This would allow me to show the zoning enforcement officer that there is a violation of the Zoning Ordinance from the lights at Mount Auburn Hospital. Standards make it easy to show violation and compliance with a photograph. City may want to have a simple exemption for city property. He commented on the memo dated May 14, 2013 from the Planning Board on the CDD website. This proposal is so simple and there is no distinction between indoor and outdoor lighting. To avoid complaints from neighbors he suggested adopting a luminescence standard.

Councillor vanBeuzekom asked if the committee had before them the Planning Board memo. Councillor Maher answered in the negative. Mr. Roberts explained that CDD submitted the memo to Planning Board today and it is on the website which was also posted today. Copies will be made available to the City Council.

Dennis Carlone, 16 Martin Street, stated that the light behind his property comes on and off at night. This light bothered his sons growing up, unbeknownst to him. Today his younger son does not sleep well. He suggested a lighting engineer who will suggest the proper light fixture. He stated that the light fixture should not be located on buildings; rather put the lights where they are most needed pointing towards the owners building. This is not a new science or concept. Mr. Teague made this clear.

Marilyn Wellons, 651 Green Street, she asked that the proposal be considered favorable. The remedies suggested are not costly. Residential districts have been addressed. This is a sustainability issue.

Carol Lynn Alpert, 99 Cushing Street, stated that she hoped that the City Council will proceed with these changes. This is a no-brainer issue. An enforceable regulation on light pollution should be enacted for all stakeholders. She hopes the petition will not expire again. Residential point of view - her situation was when her neighbor installed a light that lit up his domain as well as hers. There is glare and she is blinded by the light. She has asked her neighbor to bend down the light but he was uncooperative. She would like to be able to send a copy of a city regulation to her neighbor. Maybe this would have resolved the issue. An important component is education of citizens and businesses. If enacted education on the guidelines should be on the website. Lighting is the biggest part of the aesthetics of buildings.

John Walker, 150 Whittemore Avenue, stated that he supported the petition. He spoke of lighting from a four story building that glares in his house. Wall-pack is the cheapest light. It can be costly for developers to putting up lighting. Good buildings have lighting consultants. He spoke about installation of LED lighting. It takes 3 minutes to regain your night vision after lighting glare. There is breakthrough in lighting, but this addresses the nasty part of light.

John Pitkin, 18 Fayette Street, thanked Mr. Teague for his petition. This is a public service. The proposal is clear and enforceable. He supports the proposal. He favored referral to the full City Council.

Brooksany Coe, 35 Wood Street, stated that she supports the proposal. She spoke about new light installed on an apartment building that shines into her house. The building has been sold twice and wall-packs have been installed for safety. Her car was stolen twice after these lights were installed. Lighting affects your health. There is something about the lighting that is different than daylight. The lighting is worse in the winter. She has been told nothing can be done because it is a commercial building. Mr. Teague's proposal would address this issue. This is in a Residence C-3B and this takes them out of the protection.

Gary Dmytryk, 2440 Mass. Avenue, stated that hopes that the petition will be referred to the full City Council. He expects it may need tweaking. He also submitted an e-mail in support (ATTACHMENT C).

Gary Mello, 324 Franklin Street, stated that he supported the petition.

Heather Hoffman, 213 Hurley Street, gave an example of a dangerous situation that this regulation would have addressed. She stated that before 301 Binney Street was built there was just a slab. This is located at the curve on Binney Street before it turns into Galileo Way. If you were coming up Galileo Way heading towards Binney Street a giant flood light was installed at the turn that blinds drivers. She does not know what was being protected because it was just a slab. This proposal will address this light.

Councillor Kelley made a motion to refer the Teague petition to the full City Council with a favorable recommendation. The motion carried on a voice vote.

Councillor Maher requested that CDD to review the petition carefully and to suggest language about playing fields.

Councillor vanBeuzekom made a motion to include as part of the record the e-mails received on this petition. The motion carried on a voice vote. The e-mails are as follows:

Communication from Kathy Watkins, 129 Franklin Street, in support of the Teague petition (ATTACHMENT D).

Communication from Dara Glass, Edmunds Street, in support of the Teague petition (ATTACHMENT E).

Cathy Korsgren, 10 Hollis Street, strongly supporting the lighting petition as proposed by Charlie Teague (ATTACHMENT F).

Paula Cortes, 25 Newell Street, in support of the proposed changes to the Zoning Ordinances regarding lighting, especially in residential areas (ATTACHMENT G).

Communication from Debra Biba, 20 Newell Street, strongly supporting the Zoning Ordinance change proposed regarding lighting "trespass" in residential area (ATTACHMENT H).

Communication from Melissa Gonzalez, 189 Walden Street, requesting that the laws be updated to protect residents from unnecessary light pollution (ATTACHMENT I).

Petition from Raymond Park residents regarding the adverse impact on the neighborhood by growing light pollution problems (ATTACHMENT J).

Communication from Marianne Koole in support of the proposed changes to the Zoning Ordinances regarding light issues in residential areas (ATTACHMENT K).

Councillor Maher thanked all those present for their attendance.

On motion of Councillor vanBeuzekom the hearing adjourned at 5:46 PM.

For the Committee,
Councillor David P. Maher, Chair


Committee Report #3
The Public Safety Committee held a public meeting on May 17, 2013 beginning at 10:01am in the Sullivan Chamber.

The purpose of the meeting was to discuss the proposed City of Cambridge Draft Security Camera Policy (ATTACHMENT A).

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Vice Mayor Denise Simmons; Councillor vanBeuzekom; Richard Rossi, Deputy City Manager; Lisa Peterson, Commissioner of Public Works; Gerald Reardon, Fire Chief; Deputy Superintendent of Police Paul Ames; John Silva, Director of Safety Security, Cambridge School Department; and Interim City Clerk Donna P. Lopez.

Also present was Nancy Murray, Director of Education, ACLU of Massachusetts; and Saul Tannenbaum, 16 Cottage Street.

Councillor Kelley convened the meeting and explained the purpose.

Councillor Kelley stated that it would be easy to have a working meeting relating to this topic. This meeting is the result of three previous meetings and the Draft submitted by the Commissioner of Police on a security, or surveillance, camera policy. As chair of the Public Safety Committee he held previous meetings before on the subject of security cameras. After the Willow Street shooting is was inappropriate to immediately meet about this subject but a few months later discussions started. Three meetings were held, there was a tour of Police Station and Public Safety Facility and there looked at camera technology and how it worked. The Commissioner of Police came up with draft on security cameras. The desire on the city side is to do what the public expects them to be able to do with cameras at large public events. His intention is to hold a couple of public meetings on the draft security camera policy and then forward the policy to the City Council. He stated that at the senior picnic a couple of seniors stated that they wanted cameras to "catch the bad guys." There needs to be a common, reasonable understanding of cameras and how they would be used.

Councillor Kelley asked Deputy Superintendent Ames to give brief overview of the draft policy. Deputy Superintendent of Police stated that in conjunction with the legal advisor for the Police Department the draft outlines how it would be used, monitored, timeframe of records in the system, protection of privacy interest and applicable laws. It is a comprehensive document to be able to use cameras. The policy addresses security cameras that are installed but not in use. This is a document worth reviewing. The Commissioner wanted something very thorough. Councillor Kelley stated that he personally does not have a particular problem with security cameras but does have problems with information sharing. If information were to leave the City of Cambridge, there could be problems. Chief Reardon stated the information will not leave the City.

Nancy Murray, ACLU, stated that the ACLU has gone through the proposed policy thoroughly but asked why was there an incident or reason why the Police Commissioner felt that cameras needed to be in use before the Marathon bombing. Deputy Superintendent Ames stated that this conversation preceded the Marathon bombings. The Police Commissioner wants a policy that satisfies all questions. After seeing the value of cameras post-Marathon bombing, the timing of this discussion works well. Councillor Kelley stated that this topic was spoken about previously.

Chief Reardon stated that there must be training and guidelines. Chief Reardon stated that Department of Homeland Security (DHS) purchased the equipment, to include cameras and communications facilities associated with the camera setups, but it is not tied into DHS in any way. The cameras are not in use, but the communications equipment is being used by the City. It is funded by them. Councillor Kelley stated that many people are concerned about the sharing of data. His understanding is that with these cameras there could be a possibility to take information and share with a data warehouse. Chief Reardon states that it goes to a server in the City of Cambridge. Regular sharing is not the case. Deputy Superintendent Ames stated that the policy for other communities would be requested.

Ms. Murray commented it is good to turn on cameras, but would critique the policy. She stated her concern that Section III General Guidelines and Considerations is too broad. Councillor Kelley stated that cameras could be used for other than surveillance. Chief Reardon spoke about evacuation route. He felt evacuation routes should not be put up as the routes could vary widely depending on the emergency. The cameras that the Fire Department has are up high and there is no facial recognition. The cameras now look at overall traffic conditions.

Councillor Kelley stated that this policy is supposed to be for everything. Wireless, portable or semi-portable cameras may have facial recognition now or in the future. He spoke about the technology and its advancement. Councillor Kelley asked if cameras are on at the field house at Russell Field. The proposed policy is for City cameras. He stated that he wants a camera policy that covers all areas, not just the existing DHS funded ones.

Mr. Tannenbaum spoke about "the technology we have now", the equipment may be upgraded. He stated that the policy limit is the importance rather than technology limits.

Vice Mayor Simmons stated that the Police Department received a grant, cameras were install and are not live. Do those cameras belong to the City? Chief Reardon replied in the affirmative. This policy would cover installed City camera. Vice Mayor Simmons stated that the CHA, MBTA and private cameras will not be covered by this policy.

Mr. Silva explained that the School Department has its own camera policy. Mr. Rossi added that Russell Field is not operational; they are experiencing a software problem. Vice Mayor Simmons requested a copy of the School Department's camera policy. Councillor Kelley commented that this is not about school cameras. Mr. Silva stated that the School Department has a draft camera policy. Councillor Kelley stated that none of School Department cameras are public space cameras. Mr. Rossi added that the School Department cameras are focused on school grounds and the War Memorial building. Councillor Kelley stated that the installation of cameras may reduce theft in certain areas, like bike racks with high theft rates, though it had not kept his wife's bike from being stolen outside the CRLS arts building. Mr. Rossi stated that the CHA cameras are focused on parking lots and can capture license plate numbers when reviewed. The draft policy sets how long images are kept.

Ms. Murray stated that she would like the term "partner" spelled out as it appears on page 2 of the police. Councillor Kelley noted that page 12 it addresses private surveillance cameras. Mr. Tannenbaum stated that on page 2 the intent is to allow the police to use private surveillance cameras. The word "partner" is vague. He suggested clarifying who is in charge of the partnership. Can the police come and commandeer the cameras? Partnership and camera systems need to be defined.

Mr. Rossi stated that in general this policy was developed by the Police Commissioner, which he was asked to prepare. People can offer changes and comments. The Police Commissioner will determine whether he will make the suggested changes. This is the Police Commissioners policy, not a Council Ordinance. Councillor vanBeuzekom asked if the City Council will be voting to pass this policy. Councillor Kelley stated that the City Council will say they like the policy or not. Mr. Rossi added that the Police Commissioner will set final policy. Councillor Kelley commented that the police do not want a policy that will not work. He wants a policy that works for dog parks, bike lane use or any other place where data could be useful. This is a data collection device. Deputy Superintendent Ames stated that the purpose of the policy is a guide. The police want the restrictions, when and how it can be used and to have everything defined. The Critical Infrastructure Monitoring Systems (CIMS) process cameras were installed as part of the evacuation routes but can be used for other purposes such as traffic etc.

Councillor Kelley stated that he appreciates that the Commissioner prepared the policy, but it needs to be broader. Ms. Murray stated that she will forward to the Police Commissioner a communication summarizing where clearer language is needed. She stated that the Town of Brookline's policy (ATTACHMENT B) was the outcome of large public input. The residents voted not to turn cameras on, but the town council wanted the cameras turned on. The Police Commissioner looked at the Brookline camera policy. Retaliations, audit, public notice and what is recorded were Ms. Murray's concerns.

Vice Mayor Simmons stated that this is good information. She wanted to review the Brookline policy. The policy may need to be tweaked and then go back to the Commissioner with the policy and then to the full City Council.

Ms. Murray stated that she would like the language in VIII Complaint/Inquiry & Review Procedures to read "written" complaint and "written" audit.

Relating to a concern by Ms. Murray about #2 on Page 7 "Harassment/Intimidation" Councillor Kelley stated that this policy depends on total transparency; the more transparency the more able to trust cameras. Ms. Murray encouraged that procedures should be in place to inform the public about the use of cameras. She listed other concerns as what is the mechanism spelled out about protestors and will the public know where the cameras are located. There must be publicly available audits of how often cameras were used to do what, how many times requests were made to view information and by whom.

Councillor Kelley questioned the meaning of installed. The technology is smaller and wireless and can be installed easier. He would like the Commissioner to have the ability to install cameras when it is warranted for a certain situation. He has concerns about data storage time. Mr. Rossi commented that there is difference between permanently installed cameras and situational need camera. Councillor Kelley asked will cameras be at the Mayfair or 4th of July celebrations. He stated that he does not want cameras up all the time. We need to be clear on who is watching the watchers. Chief Reardon explained that traffic camera views could be placed on the website. You could click on the website and view Porter Square. Vice Mayor Simmons spoke about camera surveillance signs. Beyond the signs is there rights and responsibility for citizens. She suggested some sort of a preamble. Mr. Rossi stated that a purpose and goal is a good idea. Councillor Kelley commented that camera surveillance is intimidating and the people in law enforcement may not be aware of how intimidating the general public may find interactions with law enforcement of any sort, to include surveillance cameras. Ms. Murray felt that the camera location should be made public.

Ms. Murray suggested that all requests to review information should be recorded. She also suggested that if the technology of the camera is upgraded with facial recognition that this should be a public discussion. Mr. Tannenbaum stated that part of the problem with the discussion is scope. Out of this discussion should be an ongoing investigation. Transparency should be as radical as possible. Put the feed up on the website in live time. Is it easy or hard for the public to know the location of the cameras? Just disclose to avoid contention. He stated that the makes, models and software of the cameras should be disclosed. He expressed concern about private surveillance cameras. It is important that the city cameras are not connected to marketed surveillance cameras and the military. It is important to be as transparent as possible about who is asking for camera related data. Ms. Murray stated that the ACLU concern was that the grant cameras were to be linked up. Chief Reardon stated that Cambridge cameras are not connected to any outside camera. Cameras go back to city system, but Cambridge uses the backhaul from this installation. If turned on these cameras will be Cambridge cameras with information accessible only under specified circumstances and shared with other agencies only upon formal request and approval.

Councillor Kelley spoke about his concern about the "future". Cameras need to be defined; they are not all the same. Retention time for different camera-related information may vary, depending on what the data was collected for. For example, cameras collecting park usage data may create pictures kept for years to review year-to-year use changes. Camera installation at events is a different scenario. He would not want this information sent out to the public. City Manager is responsible for this. Systems will need to be defined. He expressed his concern with review of archival footage on Page. 5. If data stays in Cambridge he is fine with this. He would want a report as to who else viewed the footage. Mr. Rossi stated that an employee would be disciplined if you review a file and you had no business to go into the file for criminal information. Deputy Superintendent Ames stated that police officers face sanction if there is a violation. Maybe more clarification is needed for the public view. Councillor Kelley wants to get from a police policy to a citywide policy

Commissioner Peterson spoke about different camera use and different retention requirements. Mr. Silva stated that a written request for footage is required at the School Department and a log is kept. Ms. Murray stated that this requirement should be added to Page 6 either by adding it to paragraph #4 or adding a new paragraph #5.

Mr. Tannenbaum stated that he is not concerned with insider problems with police. He is concerned about private request for information. He would like to see if requests are granted and wanted disclosure.

Ms. Murray suggested that language from the Brookline regulation be added about camera inventory and documentation on the installation and elimination of cameras etc. This is important for the efficacy of cameras and keeping them going. Mr. Rossi stated that from a fiscal standpoint at the annual budgetary time cameras could be reviewed if they were not used for a long period of time. Ms. Murray suggested adding on Page 5 a new #8 with the Brookline language about the operation of cameras.

Mr. Silva stated that he would like Ms. Murray to review the School Department's draft camera policy. Councillor Kelley stated that there could be a public safety camera policy but does not cover other cameras in the city. Councillor vanBeuzekom stated that she thought that the draft would be modify and be a general policy. She wanted them to be compatible. Mr. Rossi stated that there are a lot of issues. Councillor Kelley explained that the City Council has no authority to set policy for the School Department; it is also not done for Cambridge Health Alliance. Mr. Rossi stated that the document could cover public safety and non public safety cameras. Mr. Silva added that the School Department is in a totally different atmosphere. The School Department's policy is similar and is not compatible. Mr. Rossi suggested that the Superintendent of Schools input is needed. Councillor Kelley stated that if this is more than a public safety policy it will require a re-write. Commissioner Peterson stated that it is worth discussing and could take time and the technology may change. Councillor Kelley commented that this policy only applies to public property. The interior of the schools is not public property. Mr. Rossi explained that the City Council and City Manager do not have authority to impart a policy on the schools. Councillor Kelley added that there are no cameras at the library and they may want to install them.

Mr. Tannenbaum stated there is no information technology security in the document. Mr. Rossi suggested that IT should look at the policy. The private internet should also be transparent.

Councillor Kelley stated that he would like a document for the next meeting that contained the suggested changes. Changes should be sent to the Police Commissioner. Deputy Superintendent Ames stated that the Police Commissioner and legal advisor need to review the changes.

Councillor Kelley thanked all those present for their attendance.

The meeting adjourned at 11:35am.

For the Committee,
Councillor Craig Kelley, Chair


Committee Report #4
The Government Operations and Rules Committee held a public meeting on May 22, 2013, beginning at 3:35pm in the Ackermann Room.

The purpose of the meeting was to meeting was to review the status of positions reporting directly to the City Council.

Present at meeting were Councillor David P. Maher, Chair of the Committee; Councillor Leland Cheung; Councillor Timothy J. Toomey, Jr.; Councillor Minka vanBeuzekom; Councillor Craig Kelley; Councillor Marjorie Decker; Mayor Henrietta Davis; Vice Mayor Simmons; James Monagle, City Auditor; Sandra Albano, Executive Assistant to the City Council; Interim City Clerk Donna P. Lopez; and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were James Hawkinson and Robert Winters, 366 Broadway.

Councillor Maher convened the meeting and explained the purpose. He stated that to bring people up to speed, he has been asked questions by Councillor vanBeuzekom. He stated that the two employees that report to the City Council are non-contractual positions. They are "term" positions that are appointed on a three-year term according to state law and City Ordinance. Under MA law, it states that if a person is to vacate mid-term, the interim position completes the balance of the term. The two terms will come to an end in May. In the past the terms for the two positions have been handled by a City Council order. He felt that it was reasonable to meet in a committee setting and make a recommendation to the City Council. He has spoken to Mr. Monagle who has expressed a desire to be re-appointed for another three-year term. The Interim City Clerk has also expressed the desire to be appointed as City Clerk for a three-year term. He added that Mary Horgan has been with the city for over eighteen years, previously in the City Clerk's Office and the School Committee Office. He noted that during the budget process he noticed that Ms. Horgan's salary did not appear to be in step with other similar positions. He thought that the committee should request that the City Manager review the salary for the position of Administrative Assistant/Election/City. Similar positions in the School Department are significantly higher. They seem to range anywhere from $8,000 to $12,000 higher.

He made the following motion:
ORDERED: That the City Manager be and hereby is requested to review the position of Administrative/Election/City Council in accordance with other similar positions in the City and if deemed there is a disparity said disparity be corrected.

Councillor vanBeuzekom stated that she felt that Ms. Albano should be advocating for this increase. Ms. Albano stated that she spoke with the Government Operations and Rules Chair to address this issue.

The motion carried on a voice vote of five. Councillor vanBeuzekom was recorded in the negative on this matter.

Councillor Maher stated that the two main reasons for the meeting are to look at the positions of the Auditor and the City Clerk. Councillor Maher moved to the position of City Auditor. He asked Mr. Monagle to give a review of his position.

Mr. Monagle stated that in 2001 Mr. Lindstrom left the employ of the city. He was placed into the position to fill this term. This would be his fourth renewal.

Councillor Cheung made the following motion:

ORDERED: That the Government Operations and Rules Committee recommends the re-appointment of James Monagle as City Auditor for a term beginning June 1, 2013 and expiring on May 31, 2016; and be it further
ORDERED: That this recommendation be referred favorably to the full City Council.

Councillor vanBeuzekom asked about past practice relating to this appointment. Councillor Maher stated that in the past it has simply been a City Council Order. Councillor Cheung stated that for the record, he would like a general overview of his position within the city. Mr. Monagle stated that his job is evolving with technology and recording of statements for purposes of transparency. There are many new things coming along that change which makes the job exciting. He feels that streamlining of processes is at the forefront. He stated that he is looking at ways to make things easier. He stated that Fuel Assistance is uploaded into PeopleSoft to check balances. He is always looking to improve the processes in place.

Councillor vanBeuzekom asked about the state system regarding open checkbook; is that available in Cambridge. Mr. Monagle answered in the negative. Councillor vanBeuzekom asked if there is potential for this. Mr. Monagle stated that any formal software is not in place.

Mr. Winters offered his opinion to re-appoint the City Auditor for a term of three years.

The motion by Councillor Cheung to recommend re-appointment of Mr. Monagle carried on a voice vote of seven members.

Councillor Kelley stated that despite what City Council members have said about having five positions that report to the City Council he can only find three: the City Manager, the City Auditor and the City Clerk in the City Charter. The City Charter does not state that Ms. Albano is hired by the City Council. Councillor Maher stated that he believed it is part of the General Ordinances.

Moving to the appointment of the City Clerk, Councillor Maher asked Ms. Lopez to give a brief overview of her role as City Clerk. Ms. Lopez stated that she started in 1969 as high school student. She then told of all positions that she held. She has been the Deputy City Clerk since 1996. She was named Interim City Clerk effective Mar 1, 2012. Councillor Maher stated that he has had several conversations with Ms. Lopez about moving forward. He stated that it is his feeling that the permanent City Clerk should decide what the City Clerk's Office looks like in the future. He stated that there are avenues to begin transformation into a more digital and electronic age. He stated that he would like to look at a systems person in an advisory capacity to streamline processes for the future. He stated that using some of the professional organizations that the City Clerk belongs to would be beneficial for the future in terms of technology and advocacy for change. He stated that vital records are important and he stated that from experience the City Clerk's Office is very effective in turnaround time. He stated that the City is lucky to have her experience. Councillor Cheung stated that he would like Ms. Lopez to serve another three years. He stated that he has never had a single complaint about the City Clerk's Office. There have been past discussions regarding technology but noted that it is important to have someone who understands the systems and the laws. His experience with Ms. Lopez has been that she is capable and eager to see the technology come about. Councillor vanBeuzekom stated that she has looked at other City Clerk's Offices. She stated that it seems that the City Clerk's Office has two completely different roles, vital records and City Council support. She asked Ms. Lopez to speak to that issue. She asked if the functions could be separated. Ms. Lopez stated that there used to be a Clerk of Committees. She stated that this position was eliminated. She stated that there are definitely two divisions of the office. Vital staff handles the public and City Council staff handles all aspects of the City Council work. There are a lot of technology gains that have been made. Ms. Lopez stated that she went to a parliamentary convention in April wherein municipalities were not the only entity present. She found some of the technology that was available was very exciting.

Councillor Maher added that he has spoken with Mr. Healy and Mr. Rossi about this matter. Once the City Council takes action on this position, he would expect the City Clerk to work with the City Manager to look at the structure of the office.

Councillor Cheung asked Ms. Lopez about the ongoing projects in the City Clerk's Office. Ms. Lopez spoke about the new state birth recording system. She noted that everything is generated at the hospital, state releases the record. Input is easier but output is not easier. The State is attempting to implement a similar system with marriages and deaths but it is not available currently. Councillor vanBeuzekom asked about other clerks and their feeling to the system. Ms. Lopez answered that the feeling among the City Clerk's varies. She spoke of the plan for the upcoming City Council vault restoration. Councillor vanBeuzekom asked about the salary and the stipend. Ms. Lopez stated that the stipend is a state regulation.

Councillor Toomey made the following motion:
ORDERED: That the Government Operations and Rules Committee recommends the appointment of Donna P. Lopez as City Clerk for a term beginning June 1, 2013 and expiring on May 31, 2016; and be it further
ORDERED: That this recommendation be referred favorably to the full City Council.

The motion carried on a voice vote of seven members.

Councillor Kelley asked to go back to his earlier question regarding the position of the Executive Assistant to the City Council. Councillor Maher stated that this issue along with the Deputy City Clerk position will be clarified and the information presented to the committee.

Councillor Maher thanked all present for their attendance.

The meeting was adjourned at 4:15pm.

For the Committee,
Councillor David P. Maher, Chair


Committee Report #5
The Ordinance Committee held a public hearing on May 22, 2013 beginning at 4:35pm in the Sullivan Chamber.

The purpose of the hearing was to discuss a zoning petition from Michael Phillips, et al., requesting the City Council to amend the Zoning Ordinance to the special District 2 (SD-2) zoning district in North Cambridge.

Present at the hearing were Councillor David Maher, Chair of the Committee; Councillors Cheung, Kelley, Toomey and vanBeuzekom; Vice Mayor Simmons; Mayor Davis; Stuart Dash, Director of Community Planning, Community Development Department (CDD); Jeff Roberts, Project Planner (CDD); and Interim City Clerk Donna P. Lopez.

Also present were Diane Cabral, 22 Brookford Street; Robert McGowan, 22 Brookford Street; Beverly Courtney, 27 Brookford Street; Paul Robertson, 45 Magoun Street; Julia Bishop, 9 Cottage Park Avenue; Eve Carr, 128 Reed Street; Maiyao Huang, 21 Madison Avenue; Jeff Myers, 196 Harvey Street; Judith Robertson, 45 Magoun Street; Cyrus Eyster, 114 Hampshire Street; Neal Orman, 23 Brookford Street; Gary Mello, 324 Franklin Street; Paul Dobler, 47 Magoun Street; Valerie Livingston, 6-8 Holden Street; Anard Mehta, 102 Berkshire Street; Carmen Phillips, 57 Madison Avenue; John Hawkinson; Attorney James Rafferty, 130 Bishop Allen Drive; Gary Dmytryk, 2440 Massachusetts Avenue; Sylvia Barnes, 196 Harvey Street; Carolyn Mieth, 15 Brookford Street; Ashley Adler, 49 Madison Avenue; Charles Teague, 23 Edmunds Street; Bill Fox, Cottage Park Avenue; E. Thomas Flynn, Madison Avenue; Paul Robertson, 45 Magoun Street; and Reverend Maneka Bowman, 196 Harvey Street.

Councillor Maher convened the hearing and explained the purpose. He announced that the meeting is being recorded and televised.

At this time the petitioner Mike Phillips gave a presentation to the committee. His presentation was entitled "Making a Great Neighborhood Even Better" (ATTACHMENT A). It contained a summary, spatial and political context, goals and criticisms. The petition addresses six areas: the out of scale of big box buildings, the importance of Linear Park, traffic safety and access, the community garden, dance studio space and the rounding out the corner at Whittemore Avenue and Magoun Street with 1-2 family houses. Special District (SD) 2 is astride Linear Park which is formerly an industrial area. SD2 is on both sides of Linear Park. In 2011 there were three properties with redevelopment proposals, J.H. Emerson Warehouse, Cambridge Lumber and Fawcett Oil. The Bishop zoning petition was filed and this affected the Cambridge Lumber proposal. He stated that he was not a proponent of the Bishop petition. He stated that the members of the City Council toured the neighborhood. The Bishop petition looked at density. He stated that according to the Zoning Ordinance the purpose of the SD2 district is to encourage the establishment of residential uses in the district in a form and density compatible with the adjacent residential neighborhood. This is where there is disagreement with the Planning Board. The Fawcett proposal was not in scale with the neighborhood - rather it was large box building. Linear Park could be interrupted to be your side yard with a 7.5 foot setback. The intent is not to go to court. He stated that the big box idea will be tested for what you had in mind for the neighborhood. The petition tries to incentivize the developer with small up-zoning bonuses. He stated that he came to Cambridge for school. He did not plan to stay in Cambridge. Then he purchased a home and decided to raise his family here. This is a great neighborhood. Linear Park offers tranquility in the city. The Whittemore community garden is an amenity and the loss will be felt by the neighborhood. The dance studio needs to be relocated. The problem is the old industrial uses we want to see converted to residential. This is such an opportunity to redevelop industrial uses. When the railroad left the rules changed. There will be more housing and retail. There will be safety and access upgrades. There will be better environmental quality. The opportunity to develop the Fawcett property is being squandered with a huge building. The building is being hidden from view. He cautioned about the potential risk for high turnover of residents. He distributed a development map (ATTACHMENT B). Each circle represents a development. A circle on Gerry's Pit has 1500 units coming on line. Under the existing zoning in SD2 townhouses are possible or big boxes. He stated that the goals are small buildings, clarification of form and how many units can be in a single building, a respect for Linear Park and the setback being 25 feet, closing Cottage Park Avenue, saving the community garden, an option for the dance studio and rounding up the corner of Whittemore and Magoun with 1-2 family housing. He stated that there was a lot of neighborhood support.

He spoke about the details as no big boxes rather have a maximum of 3-4 units per building. Linear Park setback be set at 25 feet. Traffic and access issues are regional and cut through issues. On the east end of the project Cottage Park Avenue, Edmunds Street and Tyler Court touch the property. He proposed no cut thru on Whittemore Avenue to Tyler Court. He stated that the Traffic, Parking and Transportation Department agree with this. He also suggested closing Cottage Park Avenue. Brookford Street and Cottage Park Avenue touch the Fawcett property. There have been lawsuits for both. Fawcett is suing the City for access. A copy of the lawsuit between Robert Fawcett & Son Co., Inc, v. City of Cambridge v. Brookford Residents Allied for a Safe Street was submitted by Dr. Robert J. McGowan, Ed.D., 22 Brookford Street (ATTACHMENT C). Cottage Park Avenue was a problem for trucks so the City purchased land to extend Tyler Court and closed Cottage Park Avenue. However, the City was told it did not have the authority to do this. Cottage Park Avenue is getting traffic from the Emerson Project. If Cottage Park Avenue were closed like Brookford Street he hoped it would heal the wounds from the lawsuits. Most of the traffic uses Tyler Court and Whittemore Avenue. He suggested transfer development rights to the streets. Fawcett was willing to sell the Community Garden, but it showed high levels of arsenic. He is comfortable with the clean-up being done on the Fawcett. The Fawcett property was subdivided in 2012. Transfer GFA and l extra unit per 1500 square feet is transferred. If the garden or a subset were transferred you would get six units. No multifamily dwellings on Whittemore Avenue will round out the corner. The zoning allows arts and crafts studios. New arts and crafts used will be allowed. Debra Mason needs a new dance studio; it needs a new home. He stated that a special concern regarding SD2 is that if you are doing something in SD2 that does not require Planning Board review it activates the CDD review process for small projects.

He stated that he anticipated criticism about the petition as a serial petition. If there is a public process, public benefit and the rules are followed there is no reverse spot zoning and is consistent with the zoning authority granted to the municipalities. The opinion from the Law Department on the Bishop petition which was requested by the committee states that the City could do this type of change and be protected from litigation. He does not feel that the incentives are too generous. The road incentive may not be necessary because the Traffic, Parking and Transportation Department would agree to this. The impact on other property owners is minimal. The grandfather clause in the zoning is enough protection. If the grandfather clause is not enough protection language could be inserted about when a building was built or the SD2 could be split into two pieces, a north and a south piece. Truck storage would not be the best use. The Cambridge Lumber site shows that this is feasible because they are doing construction now. The big box buildings are out of scale. This area can be developed economically. Neighborhood needs help - no big box building, preserve community gardens and address the traffic and safety concerns. Is the big box building compatible with the residential neighborhood and is this what the City Council wants. He asked if townhouses could be built. He asked the committee to help protect our neighborhood.

Councillor Maher asked what the pleasure of the City Council is.

Councillor Kelley asked what the impact is of the CDD decision. Stuart Dash stated that the Planning Board will discuss this petition next week. The second hearing on Fawcett petition was held and the special permit was approved. Councillor Kelley asked what the impact of the Phillips petition is if approved. Mr. Dash replied that the Fawcett petition is impacted by Phillips petition and will affect the decision of whether the special permit is valid and if Phillips is passed it would have to conform to the zoning as passed. Councillor Kelley asked what the impact is if this petition was re-filed due to the petition being not acted on favorably how this impacts the decision on the special permit. Mr. Roberts stated that as a re-filed petition it is a new zoning petition and as such only when the petition is filed and advertised does it affect building permits. If a petition expires it no long applies to projects. The re-filed petition only affects building permits after it has been advertised. Councillor Kelley commented that the time on this petition cannot be extended through re-filing the petition.

Councillor Kelley made the following motion:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on the expiration date on the Phillips petition and whether if the petition is re-filed would the extension take the special permit decision of the Planning Board out of jeopardy.

Councillor Toomey made a motion to add to Councillor Kelley's motion the following:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on how many times a petition can be filed on the same zoning petition (serial filings).

The above two motions carried on a voice vote.

Councillor vanBeuzekom commented that Cottage Park Avenue was closed for seventeen years and was opened by an order of the court. She made the following motion:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on whether it is legal to open Cottage Park Avenue.

The motion carried on a voice vote.

Councillor Maher opened public comment at 5:25pm.

Julia Bishop, 9 Cottage Park Avenue, stated that Mike Phillips has some good aspects in the petition. She is concerned with inviting more traffic into the area. Cottage Park Avenue has received the brunt of the traffic from the dance studio. Fawcett was asked to limit access because Tyler Court was used to get to the dance studio. Dance studio traffic has been hard to deal with in the neighborhood. She has a problem with closing Cottage Park Avenue. She feels more access to the units is needed. She agreed with smaller units. She was unhappy with Planning Board's decision. She has mixed feelings about the Phillips petition. She spoke about the petition signed by residents and the comments made in Mr. McGowan communication. The intent in the petition dated May 8, 2013 was to reduce the size of the project not to necessarily reopen Brookford Street. It was requested that 33 Cottage Park Avenue not be used as an address because that is where all the traffic will go. People signing the petition dated May 8, 2013 knew that this included opening Brookford Street.

Haiyao "Cassie" Huang, 21 Madison Avenue, stated that she has purchased a condo. Linear Park has been wonderful. She stated that she does not support the box effect of the proposed development. The Fawcett building will destroy the neighborhood. She likes the new townhouses being built on the Cambridge Lumber property.

Jeff Myers, 196 Harvey Street, stated that this petition is not expressing the full view of the city. The industrial lots are bigger lots and allows for bigger buildings. Bigger buildings bring more density. This area can accommodate more density. This is supply and demand. More housing needs to be built. If no housing is built the affordability goes up. There are a lot of properties that have more than 4 units. Housing affordability must be considered. Do not fear change.

Judith Robertson, 45 Magoun Street, stated supported Philips petition. She asked why not open Brookford Street. All streets should be open or closed. She does not approve the large scale building; it does not conform to the zoning. This will be 78 units is a residential B zone. The landscaping will hide the development. The structure is 4 stories on the Whittemore Avenue. The trees proposed are Norway Maple and are invasive. The issues are form, scale and density.

Cyrus Eyster, 114 Hampshire Street, stated his perspective. The difference in the neighborhoods is the scale of units. There are good things about more units, but will change the character of the neighborhood.

Gary Mello, 324 Franklin Street, addressed the economic effect of the development in the city. Big boxes will increase the cost of living in Cambridge. He stated 40 units mean 100-140 residents. If there are 6% school aged children at $25,000 cost per year the building has already gone negative. He encouraged keeping and eye on the dollars of these projects.

Paul Dobler, 47 Magoun Street, stated that Linear Park is a quality of life issue. We are not making any more land. This area is a non functioning traffic system and additional traffic would add to this. The Cambridge Lumber site shows that the site can be developed with a profit. An 8 foot setback with a 3-4 story building up against the bike path creates an alleyway. He suggested a larger setback than 8 feet. The building is huge. It is important to encourage higher density in the city. A big box is not needed.

Valerie Livingston, 6-8 Holden Street, stated that the proposed development is up scale and will fracture the neighborhood. There must be a way to balance housing and green space. An alternative solution should be sought.

Anard Mehta, 102 Berkshire Street, a big box building would be out of place in his neighborhood. It is important that the building match what is in the neighborhood. He spoke about the distinction between neighborhoods.

Elly Phillips, daughter of the petitioner, stated that she wants to save the community garden. Carmen Phillips spoke about the community garden aspect. She purchased her house because of the garden. Her perception of community is geared around the garden. This petition attempts to keep a garden in this area. She wanted to encourage an incentive for Mr. Fawcett.

Attorney James Rafferty, representing the Fawcett property owner, asked Mr. Phillips to put up the site plan approved by the Planning Board. The Phillips petition is a well intended effort to secure an outcome for the neighborhood that some feel is appropriate. The Bishop petition was re-filed twice. The City Council adopted the Bishop petition. Property owner went back and reexamined the opportunities for this area. The SD2 district was created by the City Council to incentivize in these transition zones. The Phillips petition is bad policy and has unlawful provisions. The bad policy stems from the fact that the property owner has relied upon the Bishop petition to put forth a project to the Planning Board. The property owner submitted a different plan to the Planning Board and was asked to come back with a different proposal, one that was more contextual. There are five townhouses on the site with three bedrooms meant to be rental property. Three bedroom units are specifically called out in SD2. This is not the normal housing in the rental market today. The language in the SD2 a criteria that the Planning Board is directed to act upon is multi-family special permits. In Section 17.43 it states that special attention should be paid to three bedroom units and the need for three bedroom units. In this project of 66 units 17 units are three bedroom units. Since filing the special permit application the Phillips petition was filed. The Phillips petition is a target for this site. This site is a challenge because it is an exceptionally large site. The site is three acres and when compared to the Cambridge Lumber site which is less 1/4 of the Fawcett site. What is unique about the building on this site is the length of the building. The density of this building in terms of the number of units is that this district has a lot area per dwelling unit of 2500 square feet. This is the most restrictive district in the City. The Planning Board asked the petitioner to look at ways to change the form and size of the building. He stated that there is no attempt to hide the building. This building is only allowed to be 50 feet high and 35 feet within Linear Park. The building on the Cottage Park Avenue side is three feet high. This proposal is 30 feet high and is called a tower. It is 3-4 story high building with 56 units. The problem with the Phillips petition is that it is serial zoning and exceeds the municipal authority for zoning. Rights under state law cannot be taken away through zoning. Restriction to access to certain streets is not in the Zoning Ordinance to take away the right of the property owner. Streets cannot be closed through zoning; it is a completely different process. Transfer of development rights does not work on this location. This will only pit neighbors against neighbors. Traffic study addresses a number of issues. There are mitigation measures in the special permit. The Phillips petition would create a new standard that does not exist anywhere in the City in terms of townhouse development. There is a 40% open space requirement for this site. The Phillips petition is unlawful in terms of street access, creates a different standard regarding townhouse development and is a direct assault on the property owner. He stated that the Phillips petition is spot zoning. He urged the City Council to seek counsel from the City Solicitor on all aspects of this petition. He urged that the petition not be approved.

Gary Dmytryk, 2440 Massachusetts Avenue, President of the Association of Cambridge Neighborhoods, stated that the building proposed in SD2 is 56 units; it is 33% larger than any building built on Massachusetts Avenue since 1970. The purpose of the SD2 district is to conform to the residential neighborhood. The Bishop petition clarified the density for this area. The original proposal was for 104 units, then changed to 69 units and now is 56 units. The Cambridge Lumber project is compatible with the neighborhood. He urged the City Council to take seriously the language in the Zoning Ordinance. The Cambridge Lumber project proves that density can be provided in this area.

Sylvia Barnes, 196 Harvey Street, supported the Phillips petition. She moved to area 20 years age and there was open land then but now there is very little open space. This was a working class neighborhood and is no longer. She stated that the concern is traffic; there is gridlock on Massachusetts Avenue and Cedar Street. There is too much development in this area and should conform to the neighborhood.

Carolyn Mieth, 15 Brookford Street, stated that Mr. Phillips made an attempt to address issues not addressed in other petitions. Community gardens and the relocation of dance studio are important to the neighborhood. Her concern is Brookford Street. There was decision by the court to keep Brookford Street closed. She stated that Brookford Street has never been open to through traffic. Mrs. Courtney verified this at the Planning Board meeting last night. She stated that petition regarding 32 Cottage Park Avenue speaks about re-opening Brookford Street which has never been open.

Ashley Adler, 49 Madison Avenue, stated that her neighborhood is great and she explained how she got to know her neighbors. She does not see people who would live in Fawcett property becoming neighbors. She would never live in a building like this - it is an isolated insulated building. It is not part of the community. The Planning Board felt obligated to approve the special permit because it did conform to zoning.

Charlie Teague, 23 Edmunds Street, spoke about the refusal of Cambridge Lumber to reduce the number of units. He spoke about consistency in the ordinance. This building is consistent with Alewife development. This building does not fit in the neighborhood and kills the community garden, dance studio and the Marino Clinic. There are thirty cars parking for employees of the Marino Clinic on the Fawcett property; this parking will be lost. What this neighborhood is losing the city is trying to create elsewhere in the city. He suggested one way loop traffic pattern with in bound on Tyler Court and out bound on Edmunds Street. He is requesting the City Council to ask Traffic, Parking and Transportation Department if parking will be removed from Cottage Park Avenue and Edmunds Street because the streets are too narrow. He wanted a survey of what is being done off-site.

Bill Fox, Cottage Park Avenue, spoke about court order for Cottage Park Avenue and Edmunds Street. He stated that the City has a duty as it deems necessary for the public safety.

Mr. E. Thomas Flynn, Madison Avenue, stated that he cannot agree with small buildings, the Linear Park setback and closing street. He submitted a petition dated May 8, 2013 (ATTACHMENT D). Regarding the closing of Cottage Park Avenue he stated that more streets need to be opened, not closed. The Planning Board was in support of opening Brookford Street. The Planning Board also got this petition. The Planning Board could not choose a fence last night. They are trying to hide the project. If Fawcett did not buy the adjacent land how would there be access to the property. He spoke about closing Brookford Street for non-use. He stated that there was a building on Whittemore Avenue and Magoun Street that was there for 200 years but was torn down. The neighborhood is trying to solve the issues with this petition.

Paul Robertson, 45 Magoun Street, he met with Mr. Fawcett and he discussed fire safety. The meeting was unruly. The day the Vendome fire broke out it was the worst day of his life. He fears fire. The Fawcett building should be on what he termed Chapter 90 streets, where all the infrastructure is in place including heavy water mains and wide streets that provides adequate access for the fire apparatus. He spoke about the surface parking and the ability of the Fire Department to move a fire truck around this building. This building is 265 feet long and a wood construction. This cannot be done; it is dangerous. All the City Councillors walked around the site. A big box does not belong on this site. This whole area should be townhouses.

Reverend Maneka Bowman, 196 Harvey Street she is a renter and will one day become a home owner. It is dangerous to use language that can be construed exclusive. Residents should have access. She urged the City Council to be mindful of this moving forward with development.

Mike Phillips stated that language about closing of streets was copied from SD3 and limiting the number of units came from Special District 14. The Brookford Street issue would change the scope of the petition.

On motion of Councillor Kelley public comment ended at 6:35pm.

Councillor Maher stated that more dialogue is needed on this petition. He suggested leaving the petition in committee awaiting clarification from the City Solicitor and then schedule another meeting. The Planning Board hears the Phillips petition on June 4, 2013. He would schedule another Ordinance Committee meeting after the Planning Board's hearing. Councillor Kelley cautioned the committee about the timeline and the expiration date of the petition.

Councillor vanBeuzekom requested that for the Planning Board's hearing that a plan be submitted from Traffic, Parking and Transportation about the impact on the flow of closing the street will have. Edmund Street and Tyler Court should be one way. This is an incredible neighborhood she wants to help preserve the Bishop petition. Form and density of the neighborhood would have a different interpretation. The Bishop petition is what was agreed to. She spoke about the renderings of being drawn down Edmunds Street but running into a box.

Councillor Kelley spoke about incentivize housing and using zoning as a relic. What are the parking impacts that the special permit has on the streets in the area and what will happen about parking on this site.

The following e-mails were received and made part of the record:

Maryann Helmuth stated her opposition to the development of the Fawcett Oil property (ATTACHMENT E).

Dara Glass, Edmunds Street, stated her support for the Phillips petition (ATTACHMENT F).

Councillor Maher thanked all those present for their attendance.

The hearing adjourned at 6:45pm.

For the Committee,
Councillor David P. Maher, Chair


Committee Report #6
The Public Safety Committee held a public meeting on May 23, 2013 beginning at 5:02pm in the Sullivan Chamber.

The purpose of the meeting was to continue to discuss the proposed City of Cambridge Security Camera Policy.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Paul Ames, Deputy Superintendent of Police; and Interim City Clerk Donna P. Lopez.*

Also present was John Hawkinson.

Councillor Kelley convened the meeting and explained the purpose. He opened public comment.

Mr. Hawkinson urged the City to proceed with caution and not let the events of last month be the impetus to install security cameras. He would not like the City to know where he is at all times.

Councillor Kelley submitted for the record a revised draft of the Public Safety Security Camera Policy labeled "Draft 2" (ATTACHMENT A).

Councillor Kelley thanked all those present for their attendance.

The meeting adjourned at 5:07pm on motion of Councillor Kelley.

For the Committee,
Councillor Craig Kelley, Chair

*Councillor Toomey, a member of the Committee arrived at the meeting as it was being adjourned.


Committee Report #7
The Government Operations and Rules Committee held a public meeting on June 3, 2013 beginning at 9:10am in the Sullivan Chamber.

The purpose of the meeting was to discuss the dedication of the former Police Station.

Present at the meeting were: Councillor David P. Maher, Chair of the Committee; Councillor Minka vanBeuzekom; Councillor Leland Cheung; Sandra Albano, Executive Assistant to the City Council; and Interim City Clerk Donna P. Lopez.

Councillor Maher convened the meeting and explained the purpose. He stated that there was an order submitted on April 29, 2013 that was referred to the Government Operations and Rules Committee (ATTACHMENT A).

At this time Councillor Maher made the following motion:
ORDERED: That the former site of the Cambridge Police Department which is now the new location for the Cambridge Community Learning Center, the Cambridge Housing Authority and the Multi-Service Center be named the "Alice K. Wolf Center" and that a suitable dedication ceremony be planned by the Executive Assistant to the City Council and the staff, and be it further
ORDERED: That the Deputy City Manager be and hereby is requested to report back to the City Council with a plan for either a suitable plaque or a sign for the "Alice K. Wolf Center".

The motion carried on a voice vote.

Councillor Maher thanked all present for their attendance.

The meeting was adjourned at 9:16am on motion of Councillor vanBeuzekom.

For the Committee,
Councillor David P. Maher, Chair


AWAITING REPORT LIST
12-29. Report from the City Manager:
RE: report on the no left turn on the Cambridge Common and to remove the bicycle prohibition on certain streets, such as Whittemore Avenue. Referred back for additional information on 3/5/2012.
Councillor Kelley 02/13/12 (O-17)

12-40. Report from the City Manager:
RE: report on improper leases and rental of owned affordable housing units. Reconsideration filed by Councillor Toomey on 6/11/2012. Report referred back to City Manager for more information on motion of Councillor Toomey on 6/18/12.
Councillor Reeves, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor vanBeuzekom 03/19/12 (O-3)

12-51. Report from the City Manager:
RE: report on the feasibility of finding additional office space for the City Council.
Vice Mayor Simmons, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Reeves & Councillor vanBeuzekom 04/23/12 (O-5)

12-64. Report from the City Manager:
RE: report on current status of the Inlet Bridge and what steps the City can take to ensure that agreements with the Commonwealth are upheld.
Councillor Toomey and Full Membership 05/21/12 (O-1)

12-71. Report from the City Manager:
RE: report on the possibility of converting the vacant lots at the corner of Watson and Brookline Streets and at 35 Cherry Street to community gardens or open space.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 06/04/12 (O-10)

12-78. Report from the City Manager:  See Mgr #22
RE: report on expanding the number of Cambridge parks/playing fields with public toilets. Referred back to the City Manager on 6/18/12 on motion of Councillor Kelley.
Councillor vanBeuzekom and Full Membership 06/11/12 (O-5)

12-81. Report from the City Manager:
RE: report on meeting with No. Mass Avenue neighbors, businesses and neighborhood groups about whether additional alterations to the median strip would be appropriate.
Councillor Kelley and Full Membership 06/11/12 (O-9)

12-91. Report from the City Manager:
RE: report on the installation of lower and decorative lighting along Cardinal Medeiros Avenue.
Councillor Toomey and Full Membership 07/30/12 (O-6)

12-104. Report from the City Manager:
RE: report on data requested on the Andrews Petition during an Ordinance Committee hearing last term that has not yet been received.
Councillor Cheung and Full Membership 07/30/12 (O-34)

12-107. Report from the City Manager:
RE: report on the number of Cambridge residents that are working as part of organized labor on development projects along with the percentage of minority and women members and what sort of communication takes place with the Rindge School of Technical Arts and local Unions.
Councillor Toomey and Full Membership 09/10/12 (O-14)

12-109. Report from the City Manager:
RE: report on what strategies other cities have used to dissuade land-banking.
Councillor Cheung and Full Membership 09/10/12 (O-21)

12-115. Report from the City Manager:
RE: report on making accommodations for voters when elevators are not working or there are other barriers at polling locations on election days. Referred back for additional information by Councillor Decker on 10/22/2012. Further report provided and referred back by Councillor Decker on 11/5/2012.
Councillor Decker, Mayor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 09/24/12 (O-6)

12-123. Report from the City Manager:
RE: report on suggestions to control the rodent population.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 10/22/12 (O-3)

12-124. Report from the City Manager:  See Mgr #7
RE: report on feasibility of finding additional secure locations for the disposal of prescription drugs.
Councillor Cheung and Full Membership 11/05/12 (O-4)

12-126. Report from the City Manager:
RE: report on the feasibility of ensuring all city sponsored committee hearings (such as the E-gov committee) are available online.
Councillor Cheung, Councillor vanBeuzekom and Full Membership 11/05/12 (O-6)

12-128. Report from the City Manager:
RE: report on creating a pilot program for installing mini exercise stations on major walking routes throughout the City.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-1)

12-129. Report from the City Manager:
RE: report on installation of additional public drinking fountains working in conjunction with the Arts Council on interesting designs.
Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 11/19/12 (O-2)

12-130. Report from the City Manager:
RE: report on developing a process to promote universal design and visitability in all Cambridge Public buildings.
Mayor Davis and Full Membership 11/19/12 (O-3)

12-132. Report from the City Manager:  See Mgr #22
RE: report on incorporating permanent bathroom facilities at the Cambridge Common; conduct a study for permanent bathroom facilities in all public squares; and provide a list of all locations where portable bathroom facilities are currently used.
Councillor Kelley, Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves & Vice Mayor Simmons 11/19/12 (O-8)

12-133. Report from the City Manager:
RE: report on preparing language to amendment the Municipal code banning polystyrene-based disposable food containers.
Councillor Cheung, Mayor Davis and Full Membership 11/19/12 (O-10)

12-136. Report from the City Manager:
RE: report on a plan of action to reinforce and secure restaurant bins in a way that separates food waste for composting.
Councillor Cheung and Full Membership 11/19/12 (O-14)

12-137. Report from the City Manager:
RE: report on an analysis of the entire past election of wait times and strategies for what would be necessary to reduce wait times to less than 10 minutes and on making information available on wait times at polling locations throughout the day. Referred back for more information by Councillor Decker on 12/17/2012.
Councillor Cheung, Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 11/19/12 (O-16)

12-140. Report from the City Manager:
RE: report on special permit process pursuant to MGL 40A as it relates to the impact of re-filing a zoning petition on pending special permits for special permits that have been granted.
Councillor Kelley and Full Membership 11/19/12 (O-9)

12-150. Report from the City Manager:  See Mgr #22
RE: report on convening a task force to look into the creation of providing permanent public restrooms at high volume locations such as public parks and squares.
Mayor Davis 12/10/12 (O-16)

12-152. Report from the City Manager:
RE: report on establishing a reduced small business parking rate for local business owners at city garages.
Councillor Toomey and Full Membership 12/17/12 (O-1)

12-153. Report from the City Manager:
RE: report on ways to ban tandem tractor-trailers from entering the city with a view in mind of requiring large freight vehicles of a certain size to transfer freight to a smaller vehicle before entering the city.
Councillor vanBeuzekom and Full Membership 12/17/12 (O-4)

12-154. Report from the City Manager:
RE: report on the sale of the Sullivan Courthouse including what zoning changes will be needed and reasons for Leggat McCall being chosen as the developer.
Councillor Toomey 12/17/12 (O-9)

12-156. Report from the City Manager:
RE: report on preparing language to create a Pathway Overlay District.
Councillor Toomey 12/17/12 (O-12)

12-157. Report from the City Manager:
RE: report on the cost, user price, and payback period if Cambridge were to build its own broadband network
Councillor Cheung and Full Membership 06/04/12 (O-8)

13-04. Report from the City Manager:
RE: report on the City's plans for the property located at 205 Western Avenue.
Councillor vanBeuzekom and Full Membership 01/14/13 (O-6)

13-09. Report from the City Manager:  See Mgr #6
RE: report on improving logistical challenges of deliveries and trash removal to and from businesses as they related to adjacent residents.
Councillor Cheung and Full Membership 01/14/13 (O-11)

13-12. Report from the City Manager:  See Mgr #8
RE: report on the feasibility of participating in the Code for America Peer Network.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 01/28/13 (O-6)

13-19. Report from the City Manager:
RE: report on refining procedures to uphold existing ordinances that prohibit the reservation of cleared on-street parking spaces by placing objects in the spots.
Councillor Cheung and Full Membership 02/25/13 (O-4)

13-24. Report from the City Manager:  See Mgr #11
RE: report on assessing the feasibility of necessity of utilizing the services provided by the Springfield Data Center and MassGIS's Oliver mapping tool.
Councillor Cheung and Full Membership 02/25/13 (O-11)

13-28. Report from the City Manager:  See Mgr #8
RE: report on applying for the Code for America Fellowship Program.
Councillor Cheung and Full Membership 03/04/13 (O-1)

13-32. Report from the City Manager:
RE: report on what flooding, drainage, sightline, maintenance and traffic flow issues exist at Linear Park and who is responsible for addressing them.
Councillor Kelley and Full Membership 03/04/13 (O-7)

13-33. Report from the City Manager:  See Mgr #10
RE: report on the possibility of adding a RSS feed options to all of the City's websites. Referred back to the City Manager by Councillor Cheung on 4/22/2013.
Councillor vanBeuzekom and Full Membership 03/04/13 (O-8)

13-34. Report from the City Manager:
RE: report on the current investigate of the murder of Charlene Holmes.
Vice Mayor Simmons and Full Membership 03/18/13 (O-1)

13-35. Report from the City Manager:
RE: report on plans to publicize the upcoming special election.
Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Toomey & Councillor vanBeuzekom 03/18/13 (O-5)

13-37. Report from the City Manager:
RE: report on the feasibility of installing fiber-optic conduits when doing sewer reconstruction.
Councillor Cheung, Councillor vanBeuzekom, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor Toomey 03/18/13 (O-7)

13-38. Report from the City Manager:  See Mgr #5
RE: report on measures Cambridge can take to prevent the transport of ethanol.
Councillor Toomey, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor vanBeuzekom 03/18/13 (O-8)

13-39. Report from the City Manager:
RE: report on feasibility of implementing a "Don't Block The Box" policy for Cambridge.
Vice Mayor Simmons and Full Membership 04/01/13 (O-4)

13-40. Report from the City Manager:
RE: report on ways in which the Cambridge Works Program might affiliate itself with Building Pathways, an intensive program sponsored by the Boston Building Trades Council.
Vice Mayor Simmons, Councillor Cheung and Full Membership 04/01/13 (O-5)

13-41. Report from the City Manager:  See Mgr #15
RE: report on conferring with SuperTours as to the feasibility of altering their bus tour route to one that provides more interesting sightseeing opportunities to tour participants while improving the quality of life of residents of Cambridge Street.
Councillor Cheung and Full Membership 04/01/13 (O-8)

13-42. Report from the City Manager:  See Mgr #12
RE: report on the feasibility of shortening the traffic light cycle times at the intersection of Broadway and Ames Street.
Councillor Cheung and Full Membership 04/01/13 (O-10)

13-43. Report from the City Manager:
RE: report on how Cambridge can include a participatory budgeting portion in the 2014 budget.
Councillor Cheung and Full Membership 04/01/13 (O-12)

13-45. Report from the City Manager:
RE: report on how the taxi and livery industry can modernize its services, provide heightened customer service, and protect drivers.
Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 04/08/13 (O-9)

13-47. Report from the City Manager:
RE: report on the feasibility of updating the Library's room usage policy to allow for an online calendar and request system.
Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 04/22/13 (O-2)

13-48. Report from the City Manager:  See Mgr #9
RE: report on the feasibility of providing City Councillors with more Exchange server space to send, receive and store emails.
Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor vanBeuzekom 04/22/13 (O-3)

13-50. Report from the City Manager:
RE: report on formally applying to the Federal Rail Administration for establishing Quiet Zones.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves & Vice Mayor Simmons 04/29/13 (O-3)

13-51. Report from the City Manager:
RE: report on clarifying the expiration date for zoning petitions filed in the City.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 04/29/13 (O-4)

13-53. Report from the City Manager:
RE: report on applying to the Massachusetts Electric Vehicle Incentive program for grants that will fund publicly accessible electric vehicle charging stations; electric vehicles; and hybrid vehicles.
Councillor vanBeuzekom, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 04/29/13 (O-6)

13-55. Report from the City Manager:  See Mgr #22
RE: report on efforts to develop a working group to review public bathroom issues.
Councillor Kelley, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 04/29/13 (O-9)

13-58. Report from the City Manager:
RE: report on reason for multiple outages over the last year in the East Cambridge area and what steps are being taken to prevent future outages.
Councillor Toomey and Full Membership 05/06/13 (O-3)

13-59. Report from the City Manager:
RE: report on how the capacity of the Cambridge Works program can be increased.
Councillor vanBeuzekom, Councillor Reeves and Full Membership 05/06/13 (O-4)

13-60. Report from the City Manager:  See Mgr #28
RE: report on the feasibility of donating old computers to the non-profit agencies in lieu of recycling them.
Councillor Cheung and Full Membership 05/06/13 (O-6)

13-61. Report from the City Manager:
RE: report on the feasibility of implementing a program to collect and rehabilitate abandoned bikes to distribute to low-income residents, similar to Boston's Roll it Forward program.
Councillor Cheung and Full Membership 05/06/13 (O-7)

13-63. Report from the City Manager:
RE: report on a progress report on all of the non-zoning recommendations submitted by the Central Square Advisory Committee.
Councillor Cheung, Councillor Reeves, Vice Mayor Simmons and Full Membership 05/20/13 (O-2)

13-64. Report from the City Manager:
RE: report on the maintenance program to ensure that the handles for the chutes of the BigBelly trash receptacles remain clean.
Councillor Cheung and Full Membership 05/20/13 (O-3)

13-65. Report from the City Manager:
RE: report on address the concerns of the utility pole on Fainwood Circle.
Vice Mayor Simmons and Full Membership 05/20/13 (O-4)

13-66. Report from the City Manager:
RE: report on removing the 2 hour time limits for all elementary, middle, and high school students using computers at the Library for academic purposes.
Councillor Cheung and Full Membership 05/20/13 (O-5)

13-67. Report from the City Manager:
RE: report on the status of completing the Alewife entrance to the Minuteman Bikeway.
Councillor Cheung and Full Membership 05/20/13 (O-6)

13-68. Report from the City Manager:
RE: report on the feasibility of installing solar-powered LED bus arrival times displays on all bus shelters in the City.
Councillor vanBeuzekom and Full Membership 05/20/13 (O-7)

13-69. Report from the City Manager:
RE: report on making an application so that Cambridge may become one of the 100 Resilient Cities.
Councillor vanBeuzekom and Full Membership 05/20/13 (O-11)

13-70. Report from the City Manager:
RE: report on an update on the park renovation process for Cambridgeport parks.
Councillor Cheung and Full Membership 05/20/13 (O-12)

13-71. Report from the City Manager:
RE: report on how the structure of boards and commissions can be adjusted to make them project-based and have the appropriate levels of funding for projects.
Councillor Cheung and Full Membership 05/20/13 (O-13)

13-72. Report from the City Manager:
RE: report on a review of City Library policies to determine how the libraries may best support CRLS students.
Councillor Kelley and Full Membership 05/20/13 (O-14)

13-73. Report from the City Manager:
RE: report on providing a list of "major" road projects, including those that are not Cambridge projects such as the Longfellow Bridge project, that is available to the general public on a regular basis.
Councillor Kelley and Full Membership 05/20/13 (O-16)

13-74. Report from the City Manager:  See Mgr #13
RE: report on repainting the bike lanes near the intersection of Broadway and Hampshire Street and evaluate the need for repainting bike lanes city-wide.
Councillor Toomey 05/20/13 (O-18)

13-75. Report from the City Manager:  See Mgr #14
RE: report on installing a stop sign at the intersection of Tremont Street and Gardner Road.
Councillor Toomey 05/20/13 (O-19)