CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-77, regarding analyze the infill development which has occurred over the last several years and the tools the City has used to regulate infill development.

July 30, 2007
To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-77, regarding analyze the infill development which has occurred over the last several years and the tools the City has used to regulate infill development, Assistant City Manager for Community Development Beth Rubenstein reports the following:

Background: 1960s through 1980s

As the flight to the suburbs in the 1950s and 1960s began to reverse in the 1970s and as residential neighborhoods in Cambridge became more desirable places to live, the pro-development characteristics of the City’s comprehensive zoning revisions of 1961 came to be viewed as contrary to the very neighborhood characteristics that were drawing new residents back and encouraging long time residents to invest in their neighborhoods. As a result of that mounting concern, the policies embodied in that 1961 ordinance (e.g. higher densities to encourage redevelopment and institutional expansion, even in established neighborhoods) began to be reversed in a series of zoning changes, frequently sponsored by residents, that lowered densities and development potential in many neighborhoods. Those changes increased in frequency and effect through the 1970s and into the 1980s and 1990s, culminating in 2001 with a number of important changes adopted as part of the Citywide Rezoning effort.

In 1961 large areas of Cambridgeport, Mid Cambridge, Agassiz, and Riverside, among other neighborhoods, were zoned for high-density residential or institutional development (Residence C-2 and Residence C-3). In a series of zoning petitions, many of those areas were redesignated to much lower density Residence C-1 and Residence B zones in the 1970s. In 1981, with authorization from the General Court, the City adopted restrictive intuitional use controls that limited the expansion of universities, among other institutions, into the same residential neighborhoods. In 1987 a new Residence C district was created (a multifamily district lower in density than the Residence C-1 district) and it was applied to many formerly Residence C-1 areas in Cambridgeport. All of these changes reduced the incentive for redevelopment of lots to higher density residential or other incompatible uses and reduced the opportunities for new infill development in the back yards of existing residences.

Authorized in 1983 by City Ordinance, five conservation districts have been created in the past two decades to address, among other matters (and in tandem with appropriate zone changes), the concern about the of scale and volume of infill development on residential blocks. The Mid Cambridge Neighborhood Conservation District was the first to be created in 1985.

Starting in 1989 and concluding in 2003, the incentives incorporated into the Townhouse Development Ordinance in the 1970s were eliminated because those incentives (more FAR, greater height, and reduced setbacks) had inadvertently encouraged a lot of backyard infill throughout the city, resulting in a significant loss of backyard open space.

By 1993 city policy, as articulated for the first time in Toward a Sustainable Future: Cambridge Growth Policy document, recognized the value of established neighborhoods and the need to protect them. The pro-development policies embodied in the 1961 comprehensive zoning revisions were explicitly rejected in favor of a new vision that emerged with the early citizen rezoning petitions of the 1970s.

Regulating Backyard Development since the 1990s

In recent years a number of further refinements to the zoning ordinance have been adopted to address this issue in a more targeted way. In 1995 the density of housing in Residence B districts (both in terms of dwelling units and floor area allowed within buildings) was reduced for lots larger than 5,000 square feet and a special permit was instituted for a new building proposed to be constructed deep into the back yard of a large lots (the B districts are heavily concentrated in the western neighborhoods of the city). In 1999 the density of dwelling units in Residence C-1 districts was reduced from four units on a standard 5,000 square foot lot to three. In 2001, as part of the Citywide Rezoning changes, the required rear yard was increased in C, C-1, and B districts for lots more than 100 feet in depth and the required open space on a lot in those districts was doubled.

All these changes have significantly reduced the number, frequency and scale of new infill development in neighborhoods over time. However, because neighborhoods are so diverse and have developed in fits and starts for more than a century under the auspices of many disparate landowners, there are always some lots that are larger than the norm in a block or neighborhood and for which additional development is possible. The many rezonings to a lower density throughout the city over the past three decades have significantly reduced the potential for that kind of development. But these efforts have not reduced that potential to zero, as the recent experience with the Cott Petition has illustrated.

As those ever rarer large lots (where a new building is possible in the back yard) dwindle in number, it becomes increasingly difficult to reduce the density of development sufficiently across an entire neighborhood or even portions of a neighborhood through rezoning to a lower density zoning district in order to eliminate any possibility for additional back yard development; if the attempt is made, many more lots that are already nearly fully developed become encumbered with non-conformities that make even modest changes to an existing house a more challenging and inconvenient process. As the relevant, companion response to Council Order #23 of June 18, 2007 indicates (using the Cott Rezoning Petition area as an example) each successive downzoning to an ever lower density zoning district (in this instance from C-1 to C to B) dramatically increases the number of lots that are put into non-conforming status for just two of the dimensional standards regulated by the districts (dwelling units and Gross Floor Area); other lots might be made non-conforming for required setbacks or open space as well.

In most neighborhoods there is developing a state of diminishing returns where the benefits from preventing the few additional dwelling houses that might be built as infill in the rear of a lot, must be weighed against the many lots that would be made non-conforming and thus more difficult to alter in very modest ways.

Very truly yours, Robert W. Healy, City Manager

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-84, regarding a report on Harvard and MIT sharing any data or results about the potential for local wind energy.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-43, regarding a recommendation as to what the appropriate parking space requirement should be for housing in close proximity to mass transit as well as Awaiting Report Item Number 07-60, regarding research and development of a green zone policy.  REFERRED TO TRANSPORTATION, TRAFFIC AND PARKING COMMITTEE

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-82, regarding a report on the impact of a possible Residence C zoning district designation for the area subject to the Cott, et al zoning petition.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation that the City Council not adopt the Cott, et al petition to rezone the area bounded by Broadway, Lee Street, Harvard Street, and Hancock Street from a Residence C-1 designation to a Residence B designation as filed.

6. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Petition to amend the text of the Zoning Ordinance to limit the amount of electrical service permitted to certain non-conforming office uses in residential neighborhoods. The Planning Board does not recommend adoption of the Petition.

July 30, 2007
To the Honorable, the City Council,

Subject: Petition to amend the text of the Zoning Ordinance to limit the amount of electrical service permitted to certain non-conforming office uses in residential neighborhoods.
Recommendation. The Planning Board does not recommend adoption of the Petition

Discussion.

The Petition has been prompted by an issue that is likely to receive ever more attention in the future, i.e. the increasing dependence of office and other commercial activities on the use of computing and other high energy consuming electronic systems that, as a side effect, generate the need for secondary cooling and other support equipment. Such equipment has the potential to be visually intrusive, noisy, or otherwise disruptive to residential neighborhood environments.

The Petition proposes a unique way of addressing the issue: limiting the amount of electrical power that can be delivered to any location, thus reducing, it is thought, the amount and impact of that secondary equipment on the surrounding environment. The proposed technique is intriguing, but the Board is not convinced that a more direct approach, using traditional zoning tools about placement, shielding, screening, etc. of equipment would not be equally effective. Furthermore, the Board does not have the technical expertise to determine the efficacy of the proposed energy limitation on its own terms, or whether that approach is even appropriate through the zoning mechanism.

Should the City Council wish to pursue the questions and solutions offered by the Petition, study and analysis of the proposal by an appropriate group of experts would be recommended.

Respectfully submitted for the Planning Board,
Barbara Shaw, Chair

7. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board Petition to rezone portions of the Residence C-1 zoning district to a Residence B zoning district in the Strawberry Hill Neighborhood.  REFERRED TO ORDINANCE COMMITTEE AND PLANNING BOARD

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-76, regarding a report on the possibility of traffic calming measures on Tremont Street.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-81, regarding a report on the level of policing and patrols on the Grand Junction Railroad.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-59, regarding a report on "timebanking" for the delivery of services.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as member of the Board of Trustees of the Cambridge Health Alliance effective July 1, 2007:  Joshua Posner (3-year term);  Paula A. Paris (3-year term);  Maxwell Solet (reappointment) (3-year term);  Jon Stearns (reappointment) (3-year term);  Mary Cassesso (reappointment) (3-year term);  Ronald Weintraub, MD (reappointment) (1-year term)

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation from the MIT Federal Credit Union for $500 to the Grant Fund Human Rights Other Ordinary Maintenance account to support the annual Fair Housing Month student poster and essay contest.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Adult Basic Education grant (ABE) received from the Massachusetts Department of Education for $699,673.00 to the Grant Fund Human Service Programs Salary and Wages account ($599,546.00), the Grant Fund Human Service Programs Other Ordinary Maintenance account ($96,627.00) and to the Grant Fund Human Service Programs Travel and Training account ($3,500.00) to supports eight full-time staff and eighteen part-time staff positions and well as educational supplies and other operating costs.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the "Cambridge Community Mobilizing for Change Around Alcohol Project" grant for $100,000.00 funded by the Massachusetts Department of Public Health, Bureau of Substance Abuse Services to the Grant Fund Human Service Programs Salary and Wages account ($63,465.00), to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($34,785.00) and to the Grant Fund Human Service Programs Travel and Training account ($1,750.00) and will be used to fund the Cambridge Prevention Coalition’s work implementing the "Cambridge Community Mobilizing for Change Around Alcohol Project".

15. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of various private donations to the Council on Aging in the amount of $4,680.00 to the Grant Fund of Human Service Programs Other Ordinary Maintenance account and will be used to support a variety of services for Cambridge Seniors.

16. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $10,000.00 donation received from the Friends of the Community Learning Center (CLC) to the Grant Fund Human Service Programs Salary and Wages account ($9,864.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($136.00) and will support a portion of salaries of two CLC teachers and educational and office supplies.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of user fees received from Cambridge Homeless Service Provider Agencies and surrounding communities to support the Cambridge Homeless Management Information System (HMIS), a citywide tracking system for homeless persons receiving services through the participating programs, in the amount of $3,00.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account.

18. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a grant from the Metro North Regional Employment Board in the amount of $16,855.00 to the Grant Fund Human Service Programs Department Salary and Wages account ($14,625.00) to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($2,230.00) and will be used to support a six-hour per week GED preparation class at the Community Learning Center.

19. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation from a private donation to the Office of Work Force Development in the amount of $1,150.00 to the grant fund Human Service Programs Other Ordinary Maintenance account which will support employment programs.

20. Transmitting communication from Robert W. Healy, City Manager, relative to a supplemental appropriation of $12,096.00 by the U.S. Department of Housing and Urban Development (HUD) Shelter Plus Care Program funded under the Steward B. McKinney Homeless Assistance Act to the Grant Fund Human Service Programs Other Ordinary Maintenance account which will be used to pay apartment housing subsidies for 9 individuals with disabilities at various sites.

21. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Summer Food Program grant funded by the U.S. Department of Agriculture through the Massachusetts Department of Education for $252,781.00 to the Grant Fund Human Service Department Salary and Wages account ($39,001.00) and to the Grant Fund Human Service Department Other Ordinary Maintenance account ($213,780.00) and will be used to provide nutritious meals to Cambridge youth at 27 sites throughout the City, during the summer months when schools are closed.

22. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from U. S. Department of Housing and Urban Development for $74,247 to the Grant Fund Community Development Salaries and Wages account ($66,747) and to the Grant Fund Community Development Travel and Training account ($7,500) to provide funds to cover the cost of a housing planner position and a portion of support staff salaries related to the administration of the HOME Program, as well as to cover the cost of training and memberships.

23. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable for a term of three years, effective the first day of Jan, 2007: Timothy Meho

24. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from U. S. Department of Housing and Urban Development (HUD) through the HOME Program for $999,693 to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds to create new affordable housing ($829,693) and to provide funding to local Community Housing Development Organizations (CHDOs), non-profits, ($170,000) for program delivery costs for affordable housing projects (required under HOME regulations).

25. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation to the Peace Commission in the amount of $500 to the Grant Fund Peace Commission Other Ordinary Maintenance account to support activities around the 25th Anniversary of the Peace Commission.

26. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a mini-grant from the Cambridge Public Health Commission in the amount of $4,900 to the Grant Fund Peace Commission Other Ordinary Maintenance account to support the "Circles of Peace Initiative".

27. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-62, regarding a report on banning disposable plastic bags from large retail stores and other measures to reduce use and increase recycling of plastic bags.  REFERRED TO HEALTH AND ENVIRONMENT COMMITTEE WITH A REQUEST THAT CITY MANAGER REPORT ON THE ACTION, OUTCOME AND LANGUAGE FROM THE HEARING HELD BY THE CITY OF BOSTON ON THIS MATTER

28. Transmitting communication from Robert W. Healy, City Manager, relative to Council Order #1, dated 1/8/07, regarding adopting an ordinance seeking LEED certification for large building construction within Cambridge and Council Order #1, dated 5/7/07, regarding amendments to the Zoning Ordinance to ensure that new buildings in Cambridge conform to LEED standards.  REFERRED TO ORDINANCE COMMITTEE AND PLANNING BOARD

29. Transmitting communication from Robert W. Healy, City Manager, relative to Council Order #3, dated 3/19/07, regarding draft zoning amendment language related to the definition of side and rear lot lines and related matters in the Zoning Ordinance.  REFERRED TO ORDINANCE COMMITTEE AND PLANNING BOARD

30. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission approving the amendment of the route of the EZ Ride Shuttle on the Jitney License of M&L Transit System, Inc.

31. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to increase Lodging House license fees.  Passed to 2nd Reading

32. Transmitting communication from Robert W. Healy, City Manager, relative to a request of The Veterans of Foreign Wars (VFW) Post 3273 for the grant of a lease to occupy 2,500 square feet of space in the building at 51-69 First Street, a city-owned building.

July 30, 2007
To the Honorable, the City Council:

The Veterans of Foreign Wars (VFW) Post 3273 is requesting the grant of a lease to occupy 2,500 square feet of space in the building at 51-69 First Street, a city-owned building. The VFW has occupied portions of the ground floor of this facility since 1985. It has been the policy of the City Council since at least 1983 to rent to the VFW as the type of non-profit civic and humanitarian organization which the City of Cambridge supports. Since 1992 the City’s lease of this space to the VFW has met the objectives and criteria set forth in the City’s East Cambridge Revitalization Plan. The criteria include: 1) commercial and social benefit to the community; 2) capability and experience of group or business entity; and 3) financial and economic feasibility of project. Moreover, state law (M.G.L. Chapter 40, Section 9) allows cities to enter into lease arrangements with veterans’ organizations for the purpose of providing suitable headquarters. This proposal requires action by the City Council.

First, the proposal must be considered by the Council pursuant to Chapter 2.110 of the Cambridge Municipal Code which governs the disposition of city-owned property. I believe this disposition may properly be subject to Section 2.110.010(G) of that ordinance. Section G provides for the disposition of city-owned property where the full process of the ordinance would be unduly burdensome. Under this section, the City Manager may request of the City Council a diminution of the process in the ordinance. Approval of this request requires a two-thirds vote of the City Council. I recommend such approval at this time.

Secondly, Section 2.110.010 also requires a two-thirds vote of the City Council to authorize the City Manager to grant the lease to VFW Post 3273 and to execute and deliver such lease in form and substance as I determine is necessary or advisable.

Background

In the early 1980’s, the City developed and implemented plans to construct the East Cambridge Parking Facility that would accommodate approximately 530 cars and 13,000 square feet of commercial rental space on the ground floor level fronting First Street. At this same time, the VFW Post 3273 was seeking a permanent site in the East Cambridge area for its headquarters.

In October 1983, the City Council passed an Order strongly recommending that approximately 6,000 square feet of commercial space in the East Cambridge Parking Facility be made available to the VFW Post 3273. The Council described the VFW Post 3273 as the "type of non-profit civic and humanitarian organization which the City of Cambridge supports and encourages."

In September 1985, the City entered into a lease with the VFW Post 3273 for a five-year term; because of construction delays of the garage, the lease commencement was amended to October 1986. In 1992, the lease was extended for a second five-year term. From 1997 to July 1, 2002, the VFW was a tenant at sufferance. On July 1, 2002, the VFW entered into a second lease with the City for a period of five years. From July 1, 2007 to the present date, the VFW has been a tenant at sufferance.

Description of the Property

The building in which the VFW leases space is located at 51-69 First Street in the City’s East Cambridge Parking Facility. The garage and ancillary retail space was constructed in the mid-1980’s, under the authorization of Planning Board Special Permit #29. The site is located in a Business A/PUD 4 District.

Description of Lease for VFW Post 3273 and Financial Arrangements

The tenant space currently occupied by the VFW is a total of 2,500 square feet on the ground floor of the building located at 51-69 First Street. The space includes a main lounge, kitchen, bar, pool room, and rest rooms. The City Assessor has estimated this space can rent for $10.00 to $14.00 per square foot, including some utilities.

In addition, the VFW will be responsible for all maintenance and repairs to the premises and for maintaining adequate insurance, and for payment of all water and sewer charges.

Request for Diminution of Process Stipulated in Chapter 2.110

Chapter 2.110 of the Cambridge Municipal Code on the disposition of city property allows for a diminution of the full process otherwise required by the ordinance if that process would be unduly burdensome. I believe that subsection (G) is appropriate for review of the VFW’s request for this lease, and I thus request that a limited review process be approved.

Limiting the scope of review for the requested disposition would be consistent with the expressed objective of the procedure required by the Chapter: to render "a fair analysis of how the greatest public benefit can be obtained from the City property in question." I believe that the information furnished in this letter is sufficient to enable the City Council to make a determination on this matter. Carrying out a more detailed review would require a significant amount of money and staff time and expense for the non-profit tenant. Since the procedure set forth in the Chapter would be costly and the use of this property is one that is consistent with City Council Policy and has already been successfully in place for some time, I believe this to be the type of disposition anticipated by subsection (G) which allows for a simpler process; and I therefore request that you approve a diminution of the full disposition review process.

Very truly yours, Robert W. Healy, City Manager

City Manager Order #1

Agenda Item No. 32     July 30, 2007

ORDERED: Pursuant to Sec. 2.110.010(G) of the Cambridge Municipal Code, the City Council hereby approves a diminished process for the execution a lease by the City Manager to the Veterans of Foreign Wars (VFW) Post 3273, for the VFW to occupy 2,500 square feet of commercial rental space located at 51-69 First Street.

32A. VOTE TO DIMINISH THE PROCESS

City Manager Order #2

Agenda Item No. 32     July 30, 2007

WHEREAS: The City of Cambridge is the owner of a certain parcel of land with approximately 13,000 square feet of commercial rental space located on First Street and known as the East Cambridge Parking Facility, wherein Post 3273 of the Veterans of Foreign Wars ("VFW") has its headquarters pursuant to a lease granted by the City of Cambridge; and

WHEREAS: By Section 9 of Chapter 40 of the General Laws, as amended, it is provided that the City of Cambridge may allocate city land to veterans’ organizations for the purpose of providing suitable headquarters; and

WHEREAS: Post 3273 of the Veterans of Foreign Wars desires to maintain its headquarters as the East Cambridge Parking Facility; and

WHEREAS: Pursuant to Municipal Code of the City of Cambridge, Section 2.110.010 which regulates the disposition of City property, a request has been made to approve a renewal of the VFW’s lease and a request under Section 2.110.010(G) has been made to diminish that process, and; now therefore be it:

ORDERED: That the City Council hereby approves and authorizes the City Manager to enter into a lease with the Veterans of Foreign Wars (VFW) Post 3273 for five years on such conditions and terms as the City Manger deems necessary and appropriate.

32B. VOTE TO AUTHORIZE LEASE

33. Transmitting communication from Robert W. Healy, City Manager, relative to draft amendments to Chapter 8.24 of the Cambridge Municipal Code on Refuse and Litter.  Referred to Ordinance Committee

July 30, 2007
To the Honorable, the City Council:

Attached please find amendments to Chapter 8.24 of the Cambridge Municipal Code on Refuse and Litter.

These changes:

* Strengthen enforcement by adding Inspectional Services Department personnel as enforcement agents;

* Allow fines to be increased up to $300, if necessary;

* Clarify private property owners and occupants duties, including the provision of contact information for an owner’s agent, which will facilitate education on and enforcement of the ordinance;

* Strengthen the recycling program and create less clutter on sidewalks by making more dwelling units eligible for recycling collection using large toters; and

* Clarify language in the ordinance on recycling and rubbish collection.

I urge your acceptance of these amendments.

Very truly yours, Robert W. Healy, City Manager

34. Transmitting communication from Robert W. Healy, City Manager, relative to Law Department’s recommended revisions to the proposed Cambridge Gay, Lesbian, Bisexual and Transgender (GLBT) Commission Ordinance.  Referred to Ordinance Committee
[Note: The proposal calls for the creation of a paid executive director position for this commission. Political patronage is alive and well in Cambridge.]

35. Transmitting communication from Robert W. Healy, City Manager, relative to a request from St. Peter’s Episcopal Church ("St. Peter’s") for a permanent easement for the construction of a concrete retaining wall/ramp to be installed, repaired, replaced and maintained partially encroaching into a portion of the public sidewalk.

36. Transmitting communication from Robert W. Healy, City Manager, relative to a request from PVP & Sons Construction and Electrical, LLC ("PVP") for a permanent easement for the re-construction of the building formerly located on the property at 85 Gore Street in its original footprint which original footprint lies on a small portion of the City-owned sidewalk on the northeasterly side of Gore Street.

37. Transmitting communication from Robert W. Healy, City Manager, relative to a request from Lesley University ("Lesley") for two (2) permanent easements for the replacement of existing canopies to be installed, repaired, replaced and maintained over a portion of the public sidewalk.

38. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Mayor’s Office of Emergency Preparedness for $431,982 to the Public Investment Fund Fire Department Extraordinary Expenditures account and will be used for security enhancements to windows (Blast Film) at the water purification facility, security gates, and locks for well access covers. [The City of Boston is the fiscal agent for the Urban Area Security Initiative and Homeland Security Funds.]

CHARTER RIGHT
1. That the Mayor is requested to convene a special meeting during the month of July with both the School Committee and the City Council to review the Cambridge Public Schools Parent Attitudes Study to determine what lessons both the City and the Cambridge Public Schools can learn from it and what actions may be taken to address the study’s findings. [Charter Right exercised by Vice Mayor Toomey on Order Number Three of June 25, 2007.]
Adopted as amended 
AMENDED ORDER     July 30, 2007
COUNCILLOR DAVIS
WHEREAS: That the Mayor be and hereby is requested to schedule a roundtable meeting with the School Committee to discuss, inter alia, the Cambridge Public School parent study, CRLS renovations, and the former Graham and Parks on Upton Street.

2. That the City Council requests that meals for the City Council meetings starting in September be catered by the School Department, either through the Rindge School of Technical Arts Culinary program or simply through the elementary school lunch program. [Charter Right exercised by Vice Mayor Toomey on Order Number Five of June 25, 2007.]  Withdrawn with unanimous consent

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

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

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

6. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee, for a meeting held on Dec 13, 2006 for the purpose of considering the recommendations for changes to the Neighborhood Conservation District Ordinance and the Avon Hill Neighborhood Conservation District Order, submitted by the Avon Hill Neighborhood Conservation District Boundary Study Committee and endorsed by the Historical Commission. [Placed on Table Committee Report Number Three of Jan 22, 2007 on the motion of Councillor Sullivan on Jan 22, 2007. On Feb 12, 2007 Agenda Item Number Eight was referred to the Ordinance Committee and Calendar Item Number Seven and Eight.]  REFERRED TO HISTORICAL COMMISSION AND AVON HILL NEIGHBORHOOD CONSERVATION DISTRICT BOUNDARY STUDY COMMITTEE. SEE ORDER #59.

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

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

9. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007. Placed on Table Order Number Sixteen of Apr 30, 2007 on the motion of Councillor Davis on May 7, 2007.]

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

11. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on June 6, 2007 for the purpose of considering a petition filed by Felicia Cott et al. to amend the zoning map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B. The question comes on passing to be ordained on or after July 2, 2007. Petition expires Sept 4, 2007.

12. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on June 6, 2007 for the purpose of considering a petition to amend the Zoning Ordinance filed by Craig H. Appel et al. The question comes on passing to be ordained on or after July 2, 2007. Petition expires Sept 4, 2007.]

13. Transmitting communication from Robert W. Healy, City Manager, relative to a request for authorization to amend the loan order approved by the City Council on May 23, 2005 for $2,000,000 for renovations and improvements to several City buildings. The question comes on adoption on or after July 2, 2007.  LOAN ORDER ADOPTED ROLL CALL 9-0

APPLICATIONS AND PETITIONS
1. An application was received from City of Cambridge, requesting a curb cut at the premises numbered 688 Huron Avenue; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from neighborhood association.

2. An application was received from Reuben Dottin Jr., requesting an extension of existing curb cut at the premises numbered 23 Jay Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from neighborhood association.

3. An application was received from The Tannery, requesting permission for a sign at the premises numbered 39 Brattle Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department, Historical Commission and abutters.

4. An application was received from Sileshi Mersha, requesting a curb cut in the back of the premises numbered 250-252 Western Avenue; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from neighborhood association.

5. An application was received from Thomas Delbanco, requesting a curb cut at the premises numbered 94 Hammond Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Response has been received from neighborhood association.

6. An application was received from Estate of Wayne A. Drugan, Jr., requesting a curb cut at the premises numbered 16-18 Linneaen Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area.

COMMUNICATIONS
1. A communication was received from Charles W. Steger, President, Virginia Tech, transmitting thanks for the kind message of care and concern.

2. A communication was received from Peter Marfione, transmitting thanks to the City Council for the resolution passed on behalf of his father.

3. A communication was received from Mary E. Beatty, transmitting thanks for the resolution in memory of her husband Joseph B. Beatty.

4. A communication was received from Patricia O’Connor, transmitting thanks for the City Council resolution in memory of her husband, Joseph O’Connor.

5. A communication was received from Joseph (Red) Sciola, transmitting appreciation for the resolution in memory of Barbara A. Sciola.

6. A communication was received from the family of Arpeny "Penny" Kolgian, transmitting thanks to the City Council for the resolution sent to them in memory of their mother.

7. A communication was received from Roy Bercaw, regarding silence is love and various issues.

8. A communication was received from Michelle A. Maslov, relating to Policy Order #1 of July 30, 2007.

9. A communication was received from Kathy Podgers, regarding the 17th Anniversary of the Americans With Disability Act.

RESOLUTIONS
1. Congratulations to the Cambridge Housing Authority and the Teamsters on settling their contract disputes.   Councillor Sullivan

2. Happy 50th Anniversary wishes to a special Cambridge couple.   Councillor Sullivan

3. Resolution on the death of Joseph P. Lynch Sr.   Vice Mayor Toomey

4. Retirement of Joan Hudson from the Human Services Department.   Mayor Reeves

5. Retirement of Joseph Palomba from the Water Department.   Mayor Reeves

6. Retirement of Anne LeDuc-Benson from the Retirement Department.   Mayor Reeves

7. Retirement of Linda Huntington from the Human Services Department.   Mayor Reeves

8. Retirement of Charles Sullivan from the Department of Public Works.   Mayor Reeves

9. Resolution the death of Joseph Andrews.   Councillor Sullivan

10. Congratulations to the Almeida family on the birth of Cole Harris Almeida.   Mayor Reeves

11. Resolution on the death of William E. McCarthy, Jr.   Vice Mayor Toomey, Councillor Sullivan

12. Resolution on the death of Dominic J. Carfagno.   Councillor Sullivan, Councillor Galluccio

13. Resolution on the death of Belinda F. (Brook) Bacon.   Councillor Sullivan, Councillor Davis

14. Resolution on the death of Maria D. (Pelligrino) Harrington.   Councillor Galluccio

15. Retirement of Frank A. Beninati, Jr.   Councillor Sullivan

16. Resolution on the death of Richard A. Dooley.   Councillor Sullivan

17. Resolution on the death of Luz E. (Malagon) Arroyo.   Councillor Sullivan, Councillor Simmons, Councillor Galluccio

18. Resolution on the death of Edward Selfridge.   Councillor Sullivan, Vice Mayor Toomey

19. Resolution on the death of Mary E. Frackleton.   Councillor Sullivan

20. Resolution on the death of Drew R. Utt.   Councillor Sullivan

21. Resolution on the death of Shirley M. (Herron) Goreham.   Councillor Sullivan

22. Resolution on the death of Richard J. Levins.   Councillor Sullivan

23. Resolution on the death of Mabelle M. Riddick.   Councillor Sullivan, Councillor Galluccio

24. Happy 62nd Wedding Anniversary wishes to Irene and Willie Sawyer.   Councillor Galluccio

25. Resolution on the death of Joseph A. Schifferdecker.   Vice Mayor Toomey, Councillor Sullivan, Councillor Galluccio

26. Resolution on the death of Norman F. Furtado Sr.   Councillor Galluccio

27. Condolences to the family of Georgine Dankerlin.   Mayor Reeves

28. Congratulations to Kevin and Michelle Thompson on the birth of their son Gabriel Alexander Thompson.   Councillor Galluccio

29. Resolution on the death of Barbara A. Corcoran.   Councillor Galluccio

30. Resolution on the death of Edward Doherty.   Councillor Galluccio

31. Resolution on the death of Giuseppina (DiPietro) Rullo.   Vice Mayor Toomey, Councillor Galluccio, Councillor Sullivan

32. Resolution on the death of Sister Catherine Leclair.   Councillor Sullivan

33. Resolution on the death of Dennis J. Arruda.   Vice Mayor Toomey, Councillor Sullivan

34. Resolution on the death of Frederick "Porky" Arsenault.   Councillor Sullivan

35. Speedy Recovery wishes to Bob Crane.   Councillor Sullivan

36. Resolution on the death of Jaime H. Maupin.   Mayor Reeves

37. Congratulations to the King Open School on the occasion of earning accreditation from the National Association for the Education of Young children.   Vice Mayor Toomey, Councillor Sullivan, Councillor Davis

38. Resolution on the death of Mildred F. (Stokes) Casey.   Councillor Sullivan, Councillor Galluccio

39. Resolution on the death of James Best.   Councillor Sullivan, Councillor Galluccio

40. Resolution on the death of Florence (Naugler) Demille.   Councillor Sullivan

41. Resolution on the death of Mary K. King.   Councillor Sullivan

42. Resolution on the death of Adeline P. (Micheli) Pacheco.   Councillor Sullivan

43. Resolution on the death of Clinton Walcott.   Councillor Galluccio

44. Appreciation to all City employees for making the annual City of Cambridge Dance Party a success.   Councillor Sullivan

45. Congratulations to Casa Nueva on their 20th Anniversary Gala on Oct 20, 2007.   Councillor Sullivan

46. Congratulations to the Cambridge Carnival International, Inc. on the occasion of the 15th annual Cambridge Carnival on Sun, Aug 26, 2007 in Kendall Square.   Councillor Simmons

47. Best wishes to Paul Sullivan as he leaves his nightly radio show to focus on his health.   Councillor Sullivan

48. Best wishes to the Massachusetts Biotechnology Council on the occasion of its 13th Annual MBC Golf Classic, Tee Off for Biotechnology Education!, on Sept 7, 2007.   Councillor Sullivan

49. Resolution on the death of Dorothy L. (Sommer) Cremins.   Councillor Sullivan

50. Resolution on the death of Paul R. Marino.   Councillor Sullivan

51. Resolution on the death of Mary B. (Cronin) Stone.   Councillor Sullivan

52. Happy 40th Birthday wishes to Eric Weltman.   Councillor Simmons

53. Resolution on the death of Karen Marie (Hartling) Butland.   Councillor Sullivan

54. Resolution on the death of Margaret Griffin.   Councillor Simmons, Councillor Sullivan

55. Congratulations to the graduates of the Bridging the Gap program at the Salvation Army.   Mayor Reeves

56. Resolution on the death of Private First Class Christopher Kube.   Councillor Decker
57. Resolution on the death of Private First Class LeRon Wilson.  Councillor Decker
58. Resolution on the death of Private First Class Anthony Herbert.   Councillor Decker
59. Resolution on the death of Specialist Dustin Workman II.   Councillor Decker
60. Resolution on the death of Airman First Class Eric Barnes.   Councillor Decker
61. Resolution on the death of Private First Class David Bentz III.   Councillor Decker
62. Resolution on the death of Private First Class Henry Byrd III.   Councillor Decker
63. Resolution on the death of Private First Class Casey Carriker.   Councillor Decker
64. Resolution on the death of Lance Corporal William Chambers.   Councillor Decker
65. Resolution on the death of Corporal Derek Dixon.   Councillor Decker
66. Resolution on the death of Private First Class Cory Hiltz.   Councillor Decker
67. Resolution on the death of Specialist Joseph Kenny.   Councillor Decker
68. Resolution on the death of Private Scott Miller.   Councillor Decker
69. Resolution on the death of Lance Corporal Juan Schill.   Councillor Decker
70. Resolution on the death of Lance Corporal Jeremy Tinnel.   Councillor Decker
71. Resolution on the death of Kory Wiens.   Councillor Decker
72. Resolution on the death of Corporal Jeremy Allbaugh.   Councillor Decker
73. Resolution on the death of Specialist Val Borm.   Councillor Decker
74. Resolution on the death of Specialist Roberto Causor Jr.   Councillor Decker
75. Resolution on the death of Sergeant Joel Dahl.   Councillor Decker
76. Resolution on the death of Corporal Lylthaniele Fender.   Councillor Decker
77. Resolution on the death of Specialist Eric Palmer.   Councillor Decker
78. Resolution on the death of Lance Corporal Johnny Strong.   Councillor Decker
79. Resolution on the death of Private First Class Jerimiah Veitch.   Councillor Decker
80. Resolution on the death of Specialist Karen Clifton.   Councillor Decker
81. Resolution on the death of Private First Class Andrew Engstrom.   Councillor Decker
82. Resolution on the death of Specialist Victor Garcia.   Councillor Decker
83. Resolution on the death of Specialist Zachary Grass.   Councillor Decker
84. Resolution on the death of Sergeant Joel House.   Councillor Decker
85. Resolution on the death of Private William Johnson.   Councillor Decker
86. Resolution on the death of Sergeant Alphonso Montenegro.   Councillor Decker
87. Resolution on the death of Private First Class Joshua Modgling.   Councillor Decker
88. Resolution on the death of Airman First Class Jason Nathan.   Councillor Decker
89. Resolution on the death of Cameron Payne.   Councillor Decker
90. Resolution on the death of Private First Class Jonathan Rossi.   Councillor Decker
91. Resolution on the death of Private First Class David Wilkey Jr.   Councillor Decker
92. Resolution on the death of Sergeant Ryan Wood.   Councillor Decker
93. Resolution on the death of Specialist Derek Calhoun.   Councillor Decker
94. Resolution on the death of Private First Class Steven Davis.   Councillor Decker
95. Resolution on the death of Sergeant Cory Endlich.   Councillor Decker
96. Resolution on the death of Specialist Adam Herold.   Councillor Decker
97. Resolution on the death of Sergeant Shin Kim.   Councillor Decker
98. Resolution on the death of Specialist Darryl Linder.   Councillor Decker
99. Resolution on the death of Private First Class Thomas Leehmhuis.   Councillor Decker
100. Resolution on the death of Sergeant Jimy Malone.   Councillor Decker
101. Resolution on the death of Specialist Dominic Rodriguez.   Councillor Decker
102. Resolution on the death of Private First Class Raymond Spencer Jr.   Councillor Decker
103. Resolution on the death of Lance Corporal Jeremy Stacey.   Councillor Decker
104. Resolution on the death of Specialist Steven Stacey.   Councillor Decker
105. Resolution on the death of Private Shane Stinson.   Councillor Decker
|106. Resolution on the death of First Lieutenant Frank Walkup IV.   Councillor Decker
107. Resolution on the death of Staff Sergeant Michael Bechert.   Councillor Decker
108. Resolution on the death of Private First Class Andre Craig Jr.   Councillor Decker
109. Resolution on the death of Specialist Carter Gamble Jr.   Councillor Decker
110. Resolution on the death of Sergeant Keith Kline.   Councillor Decker
111. Resolution on the death of Sergeant Michael Martinez.   Councillor Decker
112. Resolution on the death of Private First Class Larry Parks Jr.   Councillor Decker
113. Resolution on the death of Specialist Michelle Ring.   Councillor Decker
114. Resolution on the death of First Lieutenant Daniel Riordan.   Councillor Decker
115. Resolution on the death of Sergeant Derek Roberts.   Councillor Decker
116. Resolution on the death of Private First Class Bruce Salazar Jr.   Councillor Decker
117. Resolution on the death of Sergeant Danny Soto.   Councillor Decker
118. Resolution on the death of Specialist Robert Varga.   Councillor Decker
119. Resolution on the death of Specialist Anthony Vinnedge.   Councillor Decker
120. Resolution on the death of Private First Class Daniel Agami.   Councillor Decker
121. Resolution on the death of Private First Class Benjamin Bartlett Jr.   Councillor Decker
122. Resolution on the death of Sergeant William Brown.   Councillor Decker
123. Resolution on the death of Private First Class Jason Dore.   Councillor Decker
124. Resolution on the death of Sergeant Gene Lamie.   Councillor Decker
125. Resolution on the death of First Lieutenant Christopher Rutherford.   Councillor Decker
126. Resolution on the death of Corporal Dustin Brisky.   Councillor Decker
127. Resolution on the death of Sergeant Courtney Johnson.   Councillor Decker
128. Resolution on the death of Sergeant Richard Parker.   Councillor Decker
129. Resolution on the death of Specialist Josiah Hollopeter.   Councillor Decker
130. Resolution on the death of Specialist Damon LeGrand.   Councillor Decker
131. Resolution on the death of Specialist Giann Mendoza.   Councillor Decker
132. Resolution on the death of Sergeant Trista Moretti.   Councillor Decker
133. Resolution on the death of Staff Sergeant Daniel Newsome.   Councillor Decker
134. Resolution on the death of Petty Officer First Class Steven Daugherty.   Councillor Decker
135. Resolution on the death of Staff Sergeant Stephen Wilson.   Councillor Decker
136. Resolution on the death of Sergeant Allen Greka.   Councillor Decker
137. Resolution on the death of Sergeant John Massey.   Councillor Decker
138. Resolution on the death of Staff Sergeant Robb Rolfing.   Councillor Decker
139. Resolution on the death of Petty Officer First Class Jason Lewis.   Councillor Decker
140. Resolution on the death of Sergeant Shawn Martin.   Councillor Decker
141. Resolution on the death of Sergeant Michael Montpetit.   Councillor Decker
142. Resolution on the death of Staff Sergeant Michael Moody Jr.   Councillor Decker
143. Resolution on the death of Staff Sergeant Michael Ruoff Jr.   Councillor Decker
144. Resolution on the death of Staff Sergeant Brian Long.   Councillor Decker
145. Resolution on the death of Sergeant First Class Nathan Winder.   Councillor Decker
146. Resolution on the death of Sergeant First Class Raymond Buchan.   Councillor Decker
147. Resolution on the death of Chief Warrant Officer Scott Oswell.   Councillor Decker
148. Resolution on the death of Private First Class Michael Pittman.   Councillor Decker
149. Resolution on the death of Sergeant Chris Davis.   Councillor Decker
150. Resolution on the death of Sergeant Eric Snell.   Councillor Decker
151. Resolution on the death of Sergeant First Class William Zapfe.   Councillor Decker
152. Resolution on the death of Major Sid Brookshire.   Councillor Decker
153. Resolution on the death of Staff Sergeant Darren Hubbell.   Councillor Decker
154. Resolution on the death of First Sergeant Jeffrey McKinney.   Councillor Decker
155. Resolution on the death of Petty Officer First Class Richard McRill.   Councillor Decker
156. Resolution on the death of Major Kevin Sonnenberg.   Councillor Decker
157. Resolution on the death of Major James Ahearn.   Councillor Decker
158. Resolution on the death of Colonel Jon Lockey.   Councillor Decker

159. Retirement of Marilyn Kendall from the Cambridge Hospital.   Mayor Reeves

160. Retirement of Patricia Goodrich from the Cambridge Hospital.   Mayor Reeves

161. Retirement of John Czarnowski from the Cambridge Hospital.   Mayor Reeves

162. Resolution on the death of John T. Broussard.   Councillor Sullivan

163. Retirement of Deborah Copeland from the Cambridge Hospital.   Mayor Reeves

164. Retirement of Ronnie Bodkin from the Cambridge Hospital.   Mayor Reeves

165. Welcome to the Yerevan delegation of professionals who will participate in a training program in museum management.   Mayor Reeves

166. Resolution on the death of the Honorable Edward J. Sullivan.   Councillor Sullivan, Mayor Reeves

167. Thanks to Mary Vanderwicken for her kindness, caring and being a good neighbor in her community.   Councillor Simmons

168. Congratulations to Americo Andrade on his recently completed circumnavigation of the earth by sail.   Councillor Sullivan

169. Resolution on the death of Matthew R. Nagle.   Vice Mayor Toomey

170. Thanks to Reverend Monsignor Dennis Sheehan, Pastor of Saint Paul Church, for his service to the community.   Councillor Sullivan

171. Thanks to John Flaherty, Sean Murphy and the late John O’Connor for lobbying for the construction of the Irish Famine Landmark which stands on the Cambridge Common as we prepare to celebrate this landmark’s tenth anniversary.   Mayor Reeves

172. Declare the week of Sept 16-22, 2007 as the John Coltrane Memorial Concert Week in the City of Cambridge.   Mayor Reeves

173. Congratulations to Judge Margot C. Bostford on her nomination to the Supreme Judicial Court and urging the Governor’s Council to expeditiously confirm Judge Botsford’s appointment.   Councillor Sullivan

174. Resolution on the death of Jean O’Connell.   Vice Mayor Toomey

175. Resolution on the death of Nathan C. McMahon.   Vice Mayor Toomey

176. Thanks to the DCR for their attention to the hazardous stretch of sidewalk along Memorial Drive between Western Avenue and River Street.   Councillor Davis

177. Resolution on the death of Reverend Paul James Nelligan.   Councillor Sullivan

178. Resolution on the death of Geneva Patsadero.   Vice Mayor Toomey

179. Congratulations to Cambridge Carnival International, Inc. on their Taste of Carnival family event.   Councillor Simmons

180. Congratulations to Donna Jean Carr and Brian Raymond Leclerc on their marriage on June 24, 2007.   Vice Mayor Toomey

181. Get well wishes to Leroy Cragwell.   Councillor Simmons, Mayor Reeves

182. Get well wishes to Myrtle Byars.   Councillor Simmons

183. Get well wishes to Thomas Cogwell.   Councillor Simmons

184. Congratulations to MIT professors Daniel Kleppner and Robert S. Langer on receiving the 2006 National Medals of Science.   Councillor Sullivan

185. Congratulations to Charles M. Vest on receiving the National Medal of Technology.   Councillor Sullivan

186. Thanks to Al Vellucci, Jr. for his years of service to the citizens of Cambridge.   Councillor Murphy

187. Congratulations to the Pentecostal Holiness Church on the occasion of their 80th Anniversary.   Mayor Reeves

188. Congratulations to Roxanne Grand and Ben Leff on their marriage.   Mayor Reeves

189. Congratulations to the Salts Restaurant on being named one of the finest restaurants in the United States.   Mayor Reeves

190. Congratulations to the Harvard Square Business Association and Denise Jillson on the successful "Harry Potter" extravaganza in Harvard Square and Harvard Yard.   Mayor Reeves

191. Resolution on the death of Dorothy C. (Weisman) Averback.   Councillor Sullivan

192. Resolution on the death of Paul G. O'Friel.   Councillor Sullivan

193. Resolution on the death of Nicholas A. DeBenedetto.   Vice Mayor Toomey, Councillor Sullivan

194. Congratulations to Sharlice Dupont who has been selected as a state finalist for the National American Miss Princess Pageant.   Councillor Sullivan, Vice Mayor Toomey

195. Resolution on the death of Louis Moretti.   Vice Mayor Toomey, Mayor Reeves, Councillor Sullivan

196. Condolences to the family of Ashenafi McKennon.   Councillor Murphy

197. Condolences to the family of Agate Getnetof.   Councillor Murphy

198. Speedy recovery wishes to Atikem Adissue.   Councillor Murphy

199. Congratulations to John "Gino" Capellotti on his retirement from True Manufacturing.   Councillor Sullivan

200. Congratulations to Cheryl Haynes-Taylor on being named the new Assistant Principal at the Dr. Martin Luther King Jr. School.   Councillor Sullivan

201. Congratulations to Seth Lewis-Levins on being named the new Assistant Principal at the Kennedy-Longfellow School.   Councillor Sullivan

202. Congratulations to Audrey M. Sturgis on being named the new Assistant Principal at the Cambridgeport School.   Councillor Sullivan

203. Resolution on the death of Marie L. Mahon.   Councillor Simmons

204. Speedy recovery wishes to Edgar Bartlett.   Councillor Sullivan

205. Resolution on the death of Albert J. "Al" Pondelli.   Vice Mayor Toomey

206. Best wishes to Kevin, Helen and Alexandria May Rose Johnson as they celebrate their New Beginning of a lifetime of service as officers in the Salvation Army.   Councillor Sullivan

207. Congratulations to Deborah Weaver, Executive Director and Founder of Girls' LEAP, on being honored with a Boston Celtics "Heroes Among Us" Award on August 1, 2007.   Councillor Sullivan

208. Congratulations to Girls' LEAP on launching the first year of its Summer Team Mentor Program.   Councillor Sullivan

ORDERS
1. That the City Manager is requested to look into the possibility of a simple system of noting the city boundaries, perhaps with bright stickers on the parking permit signs, indicating exactly where the boundary lies or some other means.   Councillor Davis and Councillor Kelley

2. That the City Manager is requested to confer with the Director of the Traffic, Parking and Transportation Department to discuss the possibility of creating a raised crosswalk on Windsor Street at the corner of Lincoln and Windsor Streets.   Vice Mayor Toomey and Councillor Galluccio

3. That the City Manager is requested to confer with the Inspectional Services Department to discuss the legality of billboard and posters being posted at street level on the sides of buildings.   Vice Mayor Toomey

4. That the City Manager is requested to confer with Jones Lang LeSalle and invite them to present to the City Council on the status of the North Point project.   Vice Mayor Toomey

5. Dedication of an appropriate site in the vicinity of the Harvard Book Store in honor of Frank Kramer.   Councillor Murphy

6. Dedication of an appropriate site in the vicinity of the S&S in honor of a special Cambridge family.   Councillor Sullivan

7. That the City Manager is requested to look into ways to mediate the noise levels at outdoor park events, or to look at making sure that these events are located in various parks around the city.   Councillor Simmons

8. That the City Manager is requested to establish a Green Collar Jobs Commission and a Green Jobs policy.   Councillor Simmons

9. Dedication of an appropriate site in the vicinity of Creighton Street and Massachusetts Avenue in honor of Richard "Dick" Geraigery.   Councillor Decker

10. Dedication of a suitable location in the vicinity of Jefferson Park, the Association of Notre Dame or North Cambridge in memory of Fred "Porky" Arsenault.   Councillor Galluccio

11. That the City Manager is requested to make a recommendation for the Charles River Skate Park for an appropriation by the City Council in the amount of $150,000.   Vice Mayor Toomey, Councillor Murphy and Councillor Sullivan

12. That the City Manager is requested to provide the City Council with an update on the proposed GLBT Ordinance that was forwarded to the City Solicitor on Apr 9, 2007 for preparation of a final draft for the City Council.   Councillor Simmons and Councillor Sullivan

13. That the City Manager is requested to ask his relevant Department heads to ensure that their staffs are conversant with the requirements of the newly available Technical Assistant Grant (TAG) funds through Massachusetts DEP and that City staff passes information about TAG funding opportunities to relevant community groups.   Councillor Kelley

14. That the City Manager is requested to report back to the City Council on the participation of the Patriot Guard Riders at the send-off ceremony for National Guard soldiers on July 8, to include whether the Patriot Guard Riders were permitted to line their motorcycles on the Common, what sort of pre-ceremony communications City staff had with the Patriot Guard Riders, how communications between Patriot Guard Riders was maintained during and after the ceremony and what sort of insurance Patriot Guard Riders has to cover their operations.   Councillor Kelley  Charter Right - Toomey

15. Opposition to battery cage egg production based on the inherent cruelty of confining egg-laying hens in battery cages.   Councillor Kelley

16. That the City Manager is requested to coordinate with relevant City staff to study the intersection of Massachusetts Avenue and Rindge Avenue to determine whether changes could be made so that would be less likely to block drivers wishing to make a legal turn.   Councillor Kelley

17. That the City Manager is requested to report back to the City Council on the possibility of making restroom facilities in the new library, public safety facility and the West Cambridge Youth and Community Center accessible to the general public including during hours when the buildings themselves are shut.   Councillor Kelley

18. That the City Manager is requested to report back to the City Council on how the City might identify the particularly dangerous areas where cyclists travel and focus street repairs on them to remove the hazards for cyclists.   Councillor Kelley

19. That the City Manager is requested to form a task force that would expedite permitting of green buildings as well as recommend changes to the municipal and zoning codes and other related practices which now hinder the building of "green" or energy-efficient buildings.   Councillor Davis

20. City Council support of H1722, An Act Relative to Gender Based Discrimination and Hate Crimes.   Councillor Davis

21. That the City Manager is requested to give a brief report on the status of WiFi planning and implementation in Cambridge and the possible outlook for citywide deployment.   Councillor Davis

22. That the City Manager is requested to investigate the energy savings programs in several elementary schools that are causing discomfort for staff and children due to lack of air conditioning and determine whether the situation can be improved for the summer programs that are experiencing said discomfort.   Councillor Simmons

23. That the City Manager is requested to consult with the Department of Conservation and Recreation and the Cambridge Legislative Delegation about the status of the timeline for refurbishment of Magazine Beach.   Councillor Davis

24. That the City Manager is requested to confer with the CEO of the Cambridge Health Alliance to receive an update on the impact of the loss of OB/GYN services at the Windsor Street Clinic.   Councillor Decker, Councillor Simmons and Vice Mayor Toomey

25. That the City Manager is requested to confer with the CEO of the Cambridge Health Alliance to receive an update on whether dental services at the Windsor Street Clinic have been greatly reduced or eliminated altogether.   Councillor Decker

26. That the City Council go on record proclaiming its joining of MassRecycle’s "Mass Recycles Paper!" Campaign by endeavoring to educate its citizens about the importance of recycling paper for environmental and economic reasons.   Mayor Reeves

27. Dedication of the renovated Tobin School Athletic Field (or a baseball diamond therein) in honor of Charlie Coney.   Councillor Simmons

28. That the City Manager is requested to consult with his staff with the intent of developing an existing noise map of the City at various times of the day and days of the week, or of particularly noisy parts of the City if mapping the whole City would be too cumbersome a project at this point, with the intent of developing a set of baseline data against which future noise increases could be measured.   Councillor Kelley

29. City Council support of the DCR acquisition of the Silver Maple Forest and indicating the willingness of Cambridge to engage in discussions about financial participation along with other parties.   Councillor Davis

30. That the City Manager is requested to work with relevant City staff to review the agreement between the MBTA and Guilford Transportation Industries, Inc. to determine if said agreement is still in effect and if Guilford Transportation Industries, Inc., its successors in interest or any other party is obliged under this agreement to construct this elevated pedestrian walkway as part of the construction of the new MBTA Lechmere station.   Councillor Kelley

31. That this City Council go on record as calling upon the Congress of the United States to vote for the immediate withdrawal of U.S. forces in Iraq, to refuse to vote in favor of any appropriation whose purpose is to commit U.S. forces to a continued presence in Iraq, and to vote in favor of having multi-lateral talks involving Iraqi factions, neighboring nations, and the United Nations   Councillor Davis  Amended, Kelley voted NO

32. That the issue of webcams broadcasting views of public spaces be referred to the Neighborhood and Long Term Planning Committee for further discussion to determine whether Cambridge wishes to address their use in any particular fashion.   Councillor Kelley

33. That the City Manager is requested to confer with the Police Commissioner about the desirability and feasibility of instituting a gun buyback program in Cambridge.   Councillor Murphy

34. That the City Manager is requested to determine the feasibility of instituting a senior volunteer program in Cambridge which provides a property tax break in exchange for volunteer work and report back to the City Council on his findings.   Councillor Murphy

35. That the Cambridge City Council expresses its dismay at the practices of the legal system in Jena, Louisiana if all-white juries and an unbalanced judicial process unfairly serve the African-American community and fail to hold accountable those in the white community who are responsible for behaviors of verbal intimidation and physical assaults   Councillor Davis

36. That the City Manager is requested to confer with the City Arborist on the planting of new trees in the empty tree wells in the Inman Square area.   Vice Mayor Toomey  Amended

37. That the City Manager is requested to confer with the Law Department to discuss drafting a similar ordinance to the one passed in Denver prohibiting the modification of motorcycle mufflers and requiring stock mufflers to be used to reduce noise pollution and to report back to the City Council on this matter.   Vice Mayor Toomey

38. That the City Manager is requested to confer with the Commissioner of Public Works to identify the best way for the removal of snow at senior buildings throughout the City and to prioritize clearing the sidewalks near senior buildings to get to major commercial streets so that those who are using wheelchairs and walkers will be able to do so in a timely fashion.   Councillor Decker

39. That the City Council go on record supporting the release of those arrested for protesting a government water project and expressing outrage that preventive detention under the Special Law against Acts of Terrorism and Anti-Organized Crime Act is being used to suppress legitimate forms of freedom of expression and undermine basic democratic principles.   Councillor Decker

40. The City Manager investigate the possibility of initiating zoning, educational, and financial incentives similar to those aforementioned for the development of green roofs within Cambridge and report back to the Council of his findings.   Councillor Murphy

41. That the City Manager is requested to direct the Commissioner of Public Works to report on the status of the Tubman Park at River and Pleasant Streets, specifically why this park has been neglected.   Councillor Sullivan

42. That the City Council go on record petitioning the Massachusetts Great and General Court to enact the attached Home Rule Petition entitled "AN ACT AUTHORIZING THE LATE FILING OF A TAX ABATEMENT APPLICATION FOR THE OWNERS OF THREE FULLER PLACE IN CAMBRIDGE."   Councillor Murphy

43. That the City Council go on record requesting the School Committee to support the development of RSTA curricula to prepare students for work opportunities in the developing "green collar industry."   Councillor Simmons

45. That the Felicia Cott et al Petition to amend the zoning map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B be re-filed and referred to the Ordinance Committee for hearing and report upon the expiration of the current petition on September 4, 2007.   Councillor Murphy and Councillor Sullivan

46. That the City Manager is requested to confer with the Department of Traffic and Parking to help resolve an unsafe traffic situation in the vicinity of 245 River Street.   Vice Mayor Toomey

47. That the City Manager is requested to confer with the Police Commissioner and ask him to be cognizant of recent copper thefts in Cambridge and their effect on the residents and their homes.   Vice Mayor Toomey and Councillor Sullivan

48. That the Mayor is requested to appoint a small working committee to discuss the disposition of the Upton Street building and space for the Community Learning Center, the Central Square Library and School Administration.   Councillor Simmons, Vice Mayor Toomey, Councillor Davis, Councillor Sullivan and Councillor Decker  ORDER WITHDRAWN WITH UNANIMOUS CONSENT

49. That the City Council go on record supporting the "Armenian Park" and the efforts of the Armenian Foundation to construct a park and memorialize the Armenia genocide on the Rose Fitzgerald Kennedy Greenway.   Councillor Galluccio, Councillor Sullivan and Councillor Murphy

50. That the City Manager is requested to confer with the Police Commissioner to report back on the additional public safety costs incurred by the City due to the former Graham and Parks School being kept vacant.   Councillor Decker

51. That the City Manager is requested to confer with the Superintendent of Schools to report back to the City Council on the usage of the former Graham & Parks School, located at 15 Upton Street, including a date for disposition and/or conditions for disposition.   Councillor Decker

52. That the City Manager is requested to confer with the Assistant City Manager for Human Services and the Assistant City Manager for Community Development and the Executive Director of the Women’s Commission with the view of encouraging a continuation of the discussion between staff and the Civic Unity Committee of how to respond to media images and encourage positive self image, especially with regard to young women of color.   Councillor Simmons

53. That the City Manager is requested to confer with the Assistant City Manager for Community Development and the Commissioner of Inspectional Services to research and report back to the Ordinance Committee on the numbers and types of variances residents seek to provide third and fourth bedrooms or other renovations to keep their families in Cambridge and whether there are actions that the City could take, for example a more streamlined variance procedure, to make it quicker, simpler and less costly to do these renovations.   Councillor Davis

54. That the City Manager is hereby requested to confer with the Assistant City Manager for Community Development to provide projections of the number of three and four bedroom units that could result over a five to ten year period from the potential changes described by the Community Development Department in the attached March 5, 2007 memo to the City Council.   Councillor Galluccio

55. The conflicts between energy efficiency goals, the zoning and building codes be referred to the City Manager for methods to resolve these conflicts.   Councillor Davis

56. That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of July 30, 2007 Claims Committee in the total sum of $2,001.14.   Vice Mayor Toomey

57. That the City Manager is requested to take the necessary steps to install sign boards that will post the dates, time and location of community meetings conducted by the Police Department.   Councillor Sullivan

58. That the City Manager is requested to provide information to the City Council to assist its considerations on the proposed leaf blower amendment to the Noise Ordinance.   Councillor Murphy and Councillor Sullivan

59. That the City Council refers the Ordinance Committee reports for the hearings held on Dec 12, 2006 and May 8, 2006 on the report of the Avon Hill Neighborhood Conservation District Boundary Study Committee back to the Historical Commission and the Study Committee for further considerations.   Councillor Murphy and Councillor Sullivan

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on May 8, 2007 for the purpose of discussing the definition in the Zoning Ordinance of side and rear lot lines and whether a development that contains more than twelve dwelling units but fewer than twelve townhouses should require a special permit.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Civic Unity Committee, for a hearing held on May 17, 2007 for the purpose of discussing an appropriate response to the media expressions and images of women of color and how to reinforce a positive self-image, especially with regard to young women.

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie D. Decker, Chair of the Health and Environment Committee, for a hearing held on June 12, 2007 for the purpose of discussing the decision of the Cambridge Health Alliance to remove Obstetrician/Gynecologist services from the Windsor Street Clinic.

4. A communication was received from D. Margaret Drury, City Clerk transmitting a report from Councillor Brian Murphy and Councillor Michael A. Sullivan, Co-Chairs of the Ordinance Committee and Councillor Anthony D. Galluccio, Chair of the Housing Committee, for a meeting held on May 8, 2007 for the purpose of discussing the use of zoning regulations to encourage developers of market rate housing to include larger family sized units in their projects.

5. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a hearing held on June 13, 2007 to discuss provisions in the building code, zoning ordinances and other city regulations that affect the ability to build "green" buildings and install wind or solar devices.

6. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Timothy J. Toomey, Chair of the Claims Committee, for a hearing held on June 28, 2007 for the purpose of considering claims filed against the city.

7. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Co-Chairs of the Public Safety Committee, for a hearing held on June 28, 2007 to discuss with the Police Commissioner his action plan for violence prevention during the summer in the city.

8. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Jr., Co-Chairs of the Government Operations and Rules Committee, for a hearing held on July 9, 2007 for the purpose of continuing to discuss changes to the City Council Travel Policy and to discuss standing committees and a proposal that the Mayor review the City Council research assistant program, as well as any other business that might properly come before the committee.

9. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to regulate fences.

10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 for the purpose of continuing to consider a proposed amendment to the Noise Ordinance to regulate leaf blowers.

11. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 to consider a proposed amendment to Title 5 of the Municipal Code to provide protection for existing workers when a hotel’s ownership is transferred.

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

Wed, Aug 22
3:00pm   The Housing Committee will conduct a public meeting to discuss the recent tour and conditions of the building at 362-364 Rindge Avenue and to receive information from the Cambridge Housing Authority on recent developments regarding state-owned housing.  (Ackermann Room)

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

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

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

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

Thurs, Oct 4
6:00pm   Forum on Race and Class featuring Professor Charles J. Ogletree, Jr. sponsored by the Civic Unity Committee  (Sullivan Chamber)

Mon, Oct 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 22
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

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

Mon, Dec 3
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

TEXT OF ORDERS
O-1     July 30, 2007
COUNCILLOR DAVIS
COUNCILLOR KELLEY
WHEREAS: There are not always city-line signs at the Cambridge borders; and
WHEREAS: Cambridge residents parking between the permit parking signs for Somerville and Cambridge, for example, are not able to tell where the exact line is and is therefore not able to tell when they are parking illegally; now therefore be it
ORDERED: That the City Manager be and hereby is requested to look into the possibility of a simple system of noting the city boundaries, perhaps with bright stickers on the parking permit signs, indicating exactly where the boundary lies or some other means.

O-2     July 30, 2007
VICE MAYOR TOOMEY
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Traffic, Parking and Transportation Department to discuss the possibility of creating a raised crosswalk on Windsor Street at the corner of Lincoln and Windsor Streets.

O-3     July 30, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Inspectional Services Department to discuss the legality of billboard and posters being posted at street level on the sides of buildings.

O-4     July 30, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with Jones Lang LeSalle and invite them to present to the City Council on the status of the North Point project.

O-5     July 30, 2007
COUNCILLOR MURPHY
ORDERED: That the City Council dedicate an appropriate site in the vicinity of the Harvard Book Store in honor of Frank Kramer; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-6     July 30, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in the vicinity of the S&S in honor of a special Cambridge family; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-7     July 30, 2007
COUNCILLOR SIMMONS
WHEREAS: Residents of Cambridge who live in proximity to Hoyt Field and city parks where educational, informative and worthwhile city events which include amplified music take place have expressed concerns about having to listen to several hours of overly loud music; now therefore be it
ORDERED: That the City Manager be and hereby is requested to look into ways to mediate the noise levels at some of these outdoor events, or to look at making sure that these park-based events are located in various parks around the city.

O-8     July 30, 2007
COUNCILLOR SIMMONS
WHEREAS: Van Jones is a civil rights lawyer and founder of the Ella Baker Center for Human Rights, an innovative non-profit that made a name working to prevent violence and incarceration; and
WHEREAS: In 2005 the Center unveiled an initiative that would be at the cutting edge of progressive activism; and
WHEREAS: This initiative entitled "Reclaim the Future" is aimed at ensuring that low-income and minority youth have access to the coming wave of "green collar" jobs and
WHEREAS: This initiative has gained the attention of the Speaker of the House Nancy Pelosi who has invited Van Jones to a press conference in San Francisco to make the case for a national clean energy jobs bill; and
WHEREAS: In collaboration with Representative Mike Festa and Senator Ben Downing, the City of Boston and the City of Cambridge held a Green Jobs Forum on July 16, 2007, produced by Laurie Leyshon of Cambridge; and
WHEREAS: At this forum, a panel of experts including the Massachusetts Secretary of the Executive Office of Energy and Environmental Affairs Ian Bowls, Robert Pratt of the Henry P. Kendall Foundation, and Douglas Foy of DIF enterprises spoke on the importance of Green Technology and the Green Job initiative; the Marion Institute, a non-profit environmental organization, played a key role in this forum; and
WHEREAS: The forum held a special significance for Cambridge since going forward from this event, a main focus will be the Cambridge Energy Alliance and its potential for creating green jobs and examining the possibilities for hiring individuals who are unemployed due to CORI issues; and
WHEREAS: The Cambridge City Council has adopted a resolution to reform CORI laws; and
WHEREAS: A Green Job initiative may reduce the burden on the City’s nine-week program by providing long-term employment; now therefore be it
RESOLVED: That the City Manager be and hereby is requested to establish a Green Collar Jobs Commission and a Green Jobs policy; and be it further
RESOLVED: That the Commission include, but not be limited to, representatives from the Office of Workforce Development of the City of Cambridge, Economic Development division of the Community Development Department, Cambridge clergy, the Principal of Cambridge Rindge and Latin School and a representative of the Rindge School of Technical Arts, local business associations, the Salvation Army and other appropriate individuals.

O-9     July 30, 2007
COUNCILLOR DECKER
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Creighton Street and Massachusetts Avenue in honor of Richard "Dick" Geraigery; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-10     July 30, 2007
COUNCILLOR GALLUCCIO
ORDERED: That the City Council go on record dedicating a suitable location in the vicinity of Jefferson Park, the Association of Notre Dame or North Cambridge in memory of Fred "Porky" Arsenault; and be it further
ORDERED: That the Assistant to the City Council confer with the family and the Association of Notre Dame regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-11     July 30, 2007
VICE MAYOR TOOMEY
COUNCILLOR MURPHY
COUNCILLOR SULLIVAN
WHEREAS: Tens of thousands of young athletes in the greater Boston area skateboard, inline skate, and BMX bike and currently have only small facilities that are inaccessible by public transportation; and
WHEREAS: The Charles River Skate Park will be a world class public skate park and will provide a legitimate venue where these young athletes can practice and compete without breaking the law; and
WHEREAS: The Cambridge community is eagerly awaiting its completion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to make a recommendation for the Charles River Skate Park for an appropriation by the City Council in the amount of $150,000; and be it further
ORDERED: That this appropriation is anticipated to close the funding gap and permit this valuable project to go forward.

O-12     July 30, 2007
COUNCILLOR SIMMONS
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on the proposed GLBT Ordinance that was forwarded to the City Solicitor on Apr 9, 2007 for preparation of a final draft for the City Council.

O-13     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: The Massachusetts DEP has recently restored Technical Assistance Grant (TAG) funds to help community groups address local contamination issues; and
WHEREAS: By giving them money to carry out their own contamination studies, the TAG program allows community groups to better oversee remediation projects because the DEP remediation program gives much of the oversight for remediation projects to the polluters and their contracted remediation professionals; and
WHEREAS: The Alewife Study Group in North Cambridge found TAG funds to be instrumental in addressing contamination issues in the Alewife area, resulting in a much more aggressive remediation program than would have happened otherwise and creating a much safer environment for the residents of North Cambridge; and
WHEREAS: TAG funds have not been available to community groups since 2001; now therefore be it
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this resolution to the head of the DEP thanking the department for restoring TAG funding opportunities and to also send a copy to Governor Patrick and the Cambridge delegation; and be it further
ORDERED: That the City Manager be and hereby is requested to ask his relevant Department heads to ensure that their staffs are conversant with the requirements of the newly available Technical Assistant Grant (TAG) funds through Massachusetts DEP and that City staff passes information about TAG funding opportunities to relevant community groups.

O-14     July 30, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the participation of the Patriot Guard Riders at the send-off ceremony for National Guard soldiers on July 8, to include whether the Patriot Guard Riders were permitted to line their motorcycles on the Common, what sort of pre-ceremony communications City staff had with the Patriot Guard Riders, how communications between Patriot Guard Riders was maintained during and after the ceremony and what sort of insurance Patriot Guard Riders has to cover their operations.

O-15     July 30, 2007  Charter Right - Toomey
COUNCILLOR KELLEY
WHEREAS: Animal welfare organizations and the media have illuminated the cruel and inhumane treatment of egg-laying hens confined in factory farm battery cages; and
WHEREAS: About 95% of the nearly 300 million hens in the United States are confined in barren, wire battery cages so restrictive the birds do not even have enough space to spread their wings. With no opportunity to engage in many of their natural behaviors - including nesting, dust bathing, perching, and walking - these birds endure lives wrought with suffering. In fact, each hen has less space than a single sheet of paper in which to spend her entire life; and
WHEREAS: Many countries, including Austria, Germany, and Switzerland have banned the use of battery cages for egg-laying hens; and
WHEREAS: Municipal governments in the United States have passed resolutions opposing this factory farming abuse; and
WHEREAS: Massachusetts schools such as Harvard, MIT, Tufts, Lesley University, Worcester Polytechnic Institute and Northeastern University have joined more than 150 others across the country in enacting policies to either completely eliminate or decrease their use of battery cage eggs; and
WHEREAS: Retail giants Whole Foods Market and Wild Oats Natural marketplace exclusively sell eggs from cage-free hens, while Needham-based Trader Joe’s has the same policy for its brand of eggs. Burger King has started using cage-free eggs. Ben & Jerry’s is also phasing in the exclusive use of cage-free eggs. Celebrity chef Wolfgang Puck made a company-wide decision to only use cage-free eggs in his restaurants, grocery store items and catering business. Boston-based restaurant chains, Finagle-A-Bagel and Bagel Rising are using cage-free eggs. Bon Appetite Management Company is implementing an exclusive cage-free egg policy for all 200 of its clients. Both AOL and Google only serve cage-free eggs in their company cafeterias. All 40 locations of Omni Hotels will only serve cage-free eggs to its guests; and
WHEREAS: Cage-free egg farms generally provide egg-laying hens with a higher level of welfare than battery cage facilities; and
WHEREAS: Cambridge is known for its social responsibility and humane sentiment and is part of a metro area that has been ranked in the top ten as one of the most humane in the nation by The Humane Society of the United States’ Humane Index; now therefore be it
RESOLVED: That the Cambridge City Council opposes battery cage egg production, based on the inherent cruelty of confining egg-laying hens in battery cages; and be it further
RESOLVED: That the Cambridge City Council encourages consumers of eggs not to purchase eggs produced by caged hens.

O-16     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: The left turn signal at Rindge and Massachusetts Avenues has made the pedestrian crossing much safer; and
WHEREAS: The left turn signal at Rindge and Massachusetts Avenue is often blocked by cars who wish to go straight and cannot move through the red light; and
WHEREAS: There is no sign or marking south of this intersection to alert drivers to the fact that there is a left-turn only light to allow drivers to turn onto Rindge from Massachusetts Avenue; and
WHEREAS: Drivers hoping to make the left turn onto Rindge Avenue during the left-turn light are frustrated when cars in front of them wait for the cycle to turn to a full green because they do not wish to turn left; and
WHEREAS: The right-hand turn from Rindge Avenue onto Massachusetts Avenue is often not possible because cars waiting at a red light to make a left-hand turn onto Massachusetts Avenue block cars that wish to make a right on red turn; now therefore be it
ORDERED: That the City Manager be and hereby is requested to coordinate with relevant City staff to study this intersection to determine if pavement markings or some other type of signage or a different sequence of lights could be used to alert drivers to the presence of the various traffic patterns so that cars would be less likely to block drivers wishing to make a legal turn as described above; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-17     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: Public toilets are difficult to find in Cambridge; and
WHEREAS: The City’s new Public Toilet partnership with the MBTA will only take place in MBTA stations; and
WHEREAS: The City is spending in the hundreds of millions of dollars building a new library, a new public safety facility and a new West Cambridge Youth and Community Center; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the possibility of making restroom facilities in these new buildings accessible to the general public, to include during hours when the building itself is shut.

O-18     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: Many of Cambridge’s roads are heavily used by cyclists; and
WHEREAS: Generally the areas where cyclists travel along these roads are on the edge of motor vehicle traffic; and
WHEREAS: Many of the areas where cyclists travel are cratered with extensive potholes from poor trenching work or disturbed by long waves of raised asphalt; and
WHEREAS: These extensive hazards make travel unnecessarily dangerous for cyclists; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on how the City might identify these particularly dangerous areas and then focus street repairs on them to remove the hazards.

O-19     July 30, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to form a task force that would expedite permitting of green buildings as well as recommend changes to the municipal and zoning codes and other related practices which now hinder the building of "green" or energy-efficient buildings.

O-20     July 30, 2007
COUNCILLOR DAVIS
WHEREAS: The City of Cambridge has laws in place that prohibit discrimination of transgender individuals; and
WHEREAS: The laws of the Commonwealth currently offer no explicit protections to individuals targeted on the basis of their gender identity and expression; and
WHEREAS: H1722, An Act Relative to Gender Based Discrimination and Hate Crimes, under consideration by the legislature would ensure that gender identity and expression are included in the state’s non-discrimination statute and hate crime laws; now therefore be it
ORDERED: That the City Council go on record supporting H1722; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this order to the entire Cambridge Legislative Delegation; Senator Susan Fargo and Representative Peter Koutoujian, Chairs of the Joint Committee on Public Health; Senator Robert Creedon, Jr. and Representative Eugene O’Flaherty, Chairs of the Joint Committee on the Judiciary; and Representative Carl Sciortino on behalf of the entire City Council.

O-21     July 30, 2007
COUNCILLOR DAVIS
WHEREAS: Brookline is the first to initiate wireless access to the Internet (also known as WiFi) citywide; and
WHEREAS: Cambridge residents want to know the plans for WiFi in Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to give a brief report on the status of WiFi planning and implementation in Cambridge and the possible outlook for citywide deployment; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the entire City Council and to the Cable TV, Telecommunications and Public Utilities Committee about the matter.

O-22     July 30, 2007
COUNCILLOR SIMMONS
WHEREAS: Energy savings programs being instituted in several elementary schools this summer appear to be causing discomfort to the staff and children located in these programs because of the lack of air conditioning; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate this problem and determine whether comfort can be improved for the summer programs that are experiencing discomfort due to changes in the air conditioning available to them.

O-23     July 30, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to consult with the Department of Conservation and Recreation and the Cambridge Legislative Delegation about the status of the timeline for refurbishment of Magazine Beach; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-24     July 30, 2007
COUNCILLOR DECKER
COUNCILLOR SIMMONS
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the CEO of the Cambridge Health Alliance to receive an update on the impact of the loss of OB/GYN services at the Windsor Street Clinic, how many patients who received OB/GYN services from this clinic transferred their care elsewhere within the Cambridge Health Alliance, and how many patients have applied for taxi vouchers and how many actually have been granted.

O-25     July 30, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the CEO of the Cambridge Health Alliance to receive an update on whether dental services at the Windsor Street Clinic have been greatly reduced or eliminated altogether.

O-26     July 30, 2007
MAYOR REEVES
WHEREAS: The Massachusetts Department of Environmental Protection estimates that the citizens and businesses of Massachusetts throw away 1.5 million tons of paper each year; and
WHEREAS: It costs taxpayers of Massachusetts an estimated $100 million per year to dispose of this paper; and
WHEREAS: Post-consumer paper is a valuable commodity that, when recycled, generated millions of dollars for cities, towns and businesses; and
WHEREAS: Recycling paper saves energy and reduces greenhouse gas emissions; and
WHEREAS: Recycling adds significantly to the Massachusetts economy through the creation of nearly 20,000 recycling industry jobs with a combined annual payroll of $557 million; and
WHEREAS: Many of the Commonwealth’s citizens and businesses are not aware of the broad spectrum of paper products that can be recycled instead of thrown away; now therefore be it
RESOLVED: That the City Council go on record proclaiming its joining of MassRecycle’s "Mass Recycles Paper!" Campaign by endeavoring to educate its citizens about the importance of recycling paper for environmental and economic reasons; and be it further
RESOLVED: That the City will encourage its residents to use the paper recycling services provided to the maximum extent possible; and be it further
RESOLVED: That the City will serve as a role model by recycling waste paper from all of its municipal offices; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to MassRecycle’s "Mass Recycles Paper!" Campaign on behalf of the entire City Council.

O-27     July 30, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council go on record dedicating the renovated Tobin School Athletic Field (or a baseball diamond therein) in honor of Charlie Coney, a much-beloved neighborhood ambassador who spends a great deal of time at the field; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with Mr. Coney’s family and friends regarding a suitable dedication ceremony and the Department of Public Works to arrange for the sign.

O-28     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: Ambient noise in Cambridge is difficult to measure and varies greatly from place to place and from time to time; and
WHEREAS: Ambient noise has been measured at well over 60 decibels on public streets at 11:30 ..; and
WHEREAS: Ambient noise has been measured over 50 decibels at residential windowsills at 11:00pm; and
WHEREAS: These levels of ambient noise have a detrimental impact on residents’ quality of life; and
WHEREAS: Increased construction is likely to result in increased ambient noise from air conditioning units, venting equipment and other mechanical equipment; and
WHEREAS: The City’s regulatory program is not currently designed or staffed to aggressively mitigate future issues of increased ambient noise, especially when that noise is of cumulative nature and is not clearly identifiable with one particular source; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with his staff with the intent of developing an existing noise map of the City at various times of the day and days of the week, or of particularly noisy parts of the City if mapping the whole City would be too cumbersome a project at this point, with the intent of developing a set of baseline data against which future noise increases could be measured; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with his staff about amending existing noise ordinances to better address the problem of cumulative noise impacts; and
ORDERED: That the City Manager be and hereby is advised that he should not hesitate to hire professional contracted assistance if existing City staff do not have the expertise to handle this very technical and complicated issue; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-29     July 30, 2007
COUNCILLOR DAVIS
WHEREAS: The Silver Maple Forest is an undeveloped mixed upland and wetland area of 15.6 acres located in Belmont and Cambridge, an integral part of the Alewife Reservation ecosystem; and
WHEREAS: A developer has purchased the Silver Maple Forest and is advancing in the permitting process to remove the Forest and build a large development on the land; and
WHEREAS: House Bill 21 would appropriate $6 million toward acquiring the Silver Maple Forest for the DCR; now therefore be it
ORDERED: That this City Council go on record supporting DCR acquisition of the Silver Maple Forest and indicating the willingness of Cambridge to engage in discussions about financial participation along with other parties; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this order to the Cambridge Legislative Delegation on behalf of the entire City Council.

O-30     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: On July 29, 1999, the MBTA Board of Directors voted to allow the MBTA General manager to enter into an agreement with Guilford Transportation Industries, Inc. to allow Guilford Transportation Industries, Inc. to develop an intermodal transportation facility in East Cambridge to replace the Green Line Lechmere MBTA station; and
WHEREAS: In addition to providing for the construction of a new Lechmere Station, this agreement also requires the construction of an elevated pedestrian walkway over Monsignor O’Brien Highway to provide access to the new Lechmere station; and
WHEREAS: All of these improvements, under the agreement, were to have been provided to the MBTA at no cost; and
WHEREAS: Recent plans for the proposed new Lechmere MBTA station do not contain this required elevated pedestrian walkway; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with relevant City staff to review this agreement to determine if it is still in effect and if Guilford Transportation Industries, Inc., its successors in interest or any other party is obliged under this agreement to construct this elevated pedestrian walkway as part of the construction of the new MBTA Lechmere station; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-31     July 30, 2007    Amended, Kelley voted NO
COUNCILLOR DAVIS
WHEREAS: The Congress of the United States voted to give the President the authority to commit U.S. forces to Iraq on the basis of erroneous information that Iraq had or was soon to have weapons of mass destruction; and
WHEREAS: The President, in order to build support for the invasion of Iraq, misled the Congress and has continued to assert that there was a link between the regime of Saddam Hussein and the Al Qaeda network held responsible for the events of the September 11 attacks on U.S. soil; and
WHEREAS: The continuing occupation of Iraq has not reduced the level of violence there, but has, instead, exacerbated it in what appears to most to be a civil war, not an "insurgency"; and
WHEREAS: The Cambridge City Council unconditionally and wholeheartedly supports the men and women currently deployed to Iraq despite our strong opposition to the war itself; and
WHEREAS: The commitment of U.S. troops to Iraq can only may increase the suffering of the Iraqi people and endanger the safety of the men and women serving in the armed forces of the U.S.; and
WHEREAS: The Cambridge Democratic City Committee has asked the City Council to join them in support of this resolution; now therefore be it
ORDERED: That this City Council go on record as calling upon the Congress of the United States to vote for the immediate withdrawal of U.S. forces in Iraq, to refuse to vote in favor of any appropriation whose purpose is to commit U.S. forces to a continued presence in Iraq, and to vote in favor of having multi-lateral talks involving Iraqi factions, neighboring nations, and the United Nations; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Congressional and state legislators representing Cambridge on behalf of the entire City Council.

O-32     July 30, 2007
COUNCILLOR KELLEY
WHEREAS: The use of private webcams on both buildings and vehicles makes regular streetscapes available to anyone using the internet; and
WHEREAS: It is not clear how the widespread and increasing use of these webcams impacts expectations of or rights to personal privacy; and
WHEREAS: The practical and legal issues involving regulating webcam broadcasts over public spaces are very complex; now therefore be it
ORDERED: That the issue of webcams broadcasting views of public spaces be referred to the Neighborhood and Long Term Planning Committee for further discussion to determine whether Cambridge wishes to address their use in any particular fashion.

O-33     July 30, 2007
COUNCILLOR MURPHY
WHEREAS: The City of Cambridge must constantly be seeking effective programs to prevent violent crime, especially the illegal use of firearms; and
WHEREAS: Effective crime prevention strategies rely largely upon aid and cooperation from the public; and
WHEREAS: Municipalities around the country, most notably Boston, Chicago and Washington, D.C. are reinstituting modified gun buyback programs which address flaws in earlier attempts; and
WHEREAS: Gun buyback programs such as the one instituted in Washington, D.C. last fall have demonstrated impressive results in both the volume and the nature of the weapons recovered; now therefore be it
ORDERED: That the City Manager confer with the Police Commissioner about the desirability and the feasibility of instituting a similar buyback program in Cambridge and report back to the City Council on his findings.

O-34     July 30, 2007
COUNCILLOR MURPHY
WHEREAS: The City of Cambridge has demonstrated a long-term commitment to preserving affordable housing in the community as a whole; and
WHEREAS: Some retired senior citizens who can no longer afford the cost of their home are being forced to move outside of the city; and
WHEREAS: Several local communities have started initiatives to address the growing senior housing problem through various tax incentives; and
WHEREAS: The City of Boston has recently initiated a three-year pilot program which provides seniors with a property tax break from the City in exchange for volunteer service to the City; and
WHEREAS: This program will allow senior citizens who might otherwise be forced from their homes due to cost to remain; now therefore be it
ORDERED: That the City Manager be and hereby is requested to determine the feasibility of instituting a similar senior volunteer program in Cambridge and report back to the City Council on his findings.

O-35     July 30, 2007
COUNCILLOR DAVIS
WHEREAS: In September of 2006, in Jena, Louisiana, a group of African-American students sat under "the white tree" in the Jena High School yard and the following day three nooses were hung from the tree; and
WHEREAS: Throughout the fall, incidents occurred including an arson attack which damaged a school building and several assaults on African-American students in which the white offenders were not charged; and
WHEREAS: In December, white students taunted an African-American student who had been assaulted over the weekend and a fight broke out in the school during which one of the white students was assaulted and treated in the hospital but able to appear at a social function that night; and
WHEREAS: Six African-American students were immediately arrested, charged with attempted second-degree murder and conspiracy to commit second-degree murder, expelled from school with charges which could bring them 20-100 years in prison; and
WHEREAS: In June an all-white jury convicted the first defendant Mychal Bell of "lesser" charges of aggravated battery and conspiracy to commit aggravated battery in a trial where the prosecutor called only white witnesses, some of whom said they did not see anything and Bell’s public defender called no witnesses and offered no evidence; and
WHEREAS: This frightening example of racism calls to mind an earlier time in the United States in which segregation and the "lynching" of African-Americans was common practice; and
WHEREAS: Part of the reason these practices were brought to an end was the courage demonstrated by those who stood up in their own defense and the attention from others around the country; and
WHEREAS: The young men charged with these crimes and their families have been eloquent in their own defense and calling for justice; and
WHEREAS: Cambridge has a history of standing with communities around the globe and within the United States who are facing threats with the awareness that prejudice and oppression can happen anywhere there is not vigilance; now therefore be it
RESOLVED: That the Cambridge City Council expresses its dismay at the practices of the legal system in Jena if all-white juries and an unbalanced judicial process unfairly serve the African-American community and fail to hold accountable those in the white community who are responsible for behaviors of verbal intimidation and physical assaults; and be it further
RESOLVED: That the Cambridge City Council goes on record in support of the young men and their families in Jena in their pursuit of justice; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the families of the "Jena Six" young men, J. Reed Walters, District Attorney of LaSalle Parish and Louisiana Governor Kathleen Blanco on behalf of the entire City Council.

O-36     July 30, 2007  Amended
VICE MAYOR TOOMEY
WHEREAS: There are a number of empty tree wells in the Inman Square area, particularly in the vicinity of 1262 Cambridge Street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the City Arborist on the planting of new trees in these empty tree wells; and be it further
ORDERED: That the City Manager be and hereby is requested to update the City Council on a regular basis of all new tree plantings in the city.

O-37     July 30, 2007
VICE MAYOR TOOMEY
WHEREAS: The City of Denver has recently passed legislation prohibiting the modification of motorcycle mufflers and requiring that stock mufflers be used in order to reduce the amount of noise pollution created by motorcycles; and
WHEREAS: Excessive noise from passing motorcycles is a frequent complaint from Cambridge residents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Law Department to discuss drafting a similar ordinance to the one passed in Denver and to report back to the City Council on this matter.

O-38     July 30, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works to identify the best way for the removal of snow at senior buildings throughout the City and to prioritize clearing the sidewalks near senior buildings to get to major commercial streets so that those who are using wheelchairs and walkers will be able to do so in a timely fashion.

O-39     July 30, 2007
COUNCILLOR DECKER
WHEREAS: The City of Cambridge celebrated in May the 20th anniversary of our Sister City relationship with the village of San Jose Las Flores, El Salvador, by hosting and honoring seven leaders from that community; and
WHEREAS: Cambridge has gone on record in support of the efforts in Las Flores to stop the projects of the government of El Salvador that will enable private corporations to strip-mine their land and privatize water resources throughout the country and to protest violations of human rights; and
WHEREAS: The people of Las Flores are part of a large network of repopulated villages supported in their organizing initiatives by the organization CRIPDES, the Association of Rural Communities for the Development of El Salvador; and
WHEREAS: The people of El Salvador, since the war in which at least 70,000 people were killed, have utilized the public streets and airwaves in non-violent, legitimate demonstrations in order to make their issues known to the government, the people and the world and
WHEREAS: On July 2, 2007, 4 leaders of CRIPDES and 10 others traveling to protest the inauguration of a government water project in the town of Suchitoto were intercepted by the National Police before reaching their destination, dragged from their cars, beaten, and jailed for "acts of terror" and "preventively detained" for three months under the country’s new Special Law against Acts of Terrorism and Anti-Organized Crime Act, (modeled on the USA Patriot Act, a law that the Cambridge City Council has decried as a danger to this country’s Constitutional civil liberties) and
WHEREAS: Thirteen of those arrested are now facing up to 60 years in jail for traveling on public roads to participate in a legal protest; and
WHEREAS: Congressman Michael Capuano and other members of Congress are circulating a Dear Colleague Letter that includes a message to Salvadoran President, Elías Antonio Saca González that states, "We want to make clear, also, our commitment to human rights and the rule of law, and, in particular, the efforts of Human Rights Ombudsman Oscar Luna, whose important responsibilities are set forth in the 1993 peace agreements. The detention of those arrested at the Suchitoto protest is a matter of great concern to many of our communities and constituents. We will continue to monitor this situation and we look forward to its just resolution;" now therefore be it
RESOLVED: That the City Council go on record supporting the release of those arrested and expressing outrage that preventive detention under the Special Law against Acts of Terrorism and Anti-Organized Crime Act is being used to suppress legitimate forms of freedom of expression and undermine basic democratic principles; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to President Saca and Jeremy Cornforth at the United States State Department’s El Salvador desk; and be it further
RESOLVED: That the City Manager be and hereby is requested to confer with the Executive Director of the Peace Commission to circulate this resolution to other cities and encourage a wide network of responses to protest the use of preventive detention in El Salvador and to support the nonviolent movement for human rights and justice in El Salvador and solidarity in the United States.

O-40     July 30, 2007
COUNCILLOR MURPHY
WHEREAS: The City of Cambridge has long prided itself on its commitment to environmental sustainability and continual improvements to the general city landscape; and
WHEREAS: Green roofs, roofs that are partially or completely covered with plants, provide numerous benefits to both the individual buildings they adorn and the greater community, including energy conservation, storm-water drainage reduction, smog and carbon dioxide reduction, improved aesthetics, and increased open space; and
WHEREAS: Several cities, most notably Toronto and Chicago, have adopted programs to encourage the development of green roofs, such as Toronto’s policy to wherever it is feasible and practical to construct green roofs on City-owned buildings that are due to be replaced; and
WHEREAS: Many other cities have also included pilot programs which provide City grants to developers who construct green roofs whenever possible, additionally providing technical information developers and educational programs about the benefits of green roof construction; and
WHEREAS: The City of Chicago has mandated that projects that "receive tax-increment financing support from the city" include some level of green roof coverage; now therefore be it
ORDERED: That the City Manager investigates the feasibility and desirability of a similar policy in Cambridge to replace city-owned buildings with green roofs upon scheduled roof replacement; and be it further
ORDERED: The City Manager be and hereby is requested to investigate the possibility of initiating zoning, educational, and financial incentives similar to those aforementioned for the development of green roofs within Cambridge and report back to the Council of his findings.

O-41     July 30, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to direct the Commissioner of Public Works to report on the status of the Tubman Park at River and Pleasant Streets, specifically why this park has been neglected.

O-42     July 30, 2007
COUNCILLOR MURPHY
ORDERED: That the City Council go on record petitioning the Massachusetts Great and General Court to enact the attached Home Rule Petition entitled "AN ACT AUTHORIZING THE LATE FILING OF A TAX ABATEMENT APPLICATION FOR THE OWNERS OF THREE FULLER PLACE IN CAMBRIDGE."
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Notwithstanding any general or special law to the contrary, the Board of Assessors of the City of Cambridge shall accept applications for abatement of property tax on behalf of the owners of Three Fuller Place, Cambridge, for the tax years 2005 and 2006. These applications shall be considered timely if filed with the Assessors within 90 days after the effective date of this act. Any abatement in response to these applications shall not include payments of interest or of any costs related to the filing of the applications.

O-43     July 30, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council go on record requesting the School Committee to support the development of RSTA curricula to prepare students for work opportunities in the developing "green collar industry."

O-44     July 30, 2007
VICE MAYOR TOOMEY
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the the appropriate department heads on the status and number of accessible units in affordable housing buildings.

O-45     July 30, 2007
COUNCILLOR MURPHY
COUNCILLOR SULLIVAN
ORDERED: That the Felicia Cott et al Petition to amend the zoning map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B be re-filed and referred to the Ordinance Committee for hearing and report upon the expiration of the current petition on September 4, 2007.

O-46     July 30, 2007
VICE MAYOR TOOMEY
WHEREAS: There is poor visibility for cars exiting the driveway at 245 River Street due to a parking space too close to the exit that is often being used by large trucks; and
WHEREAS: There has recently been an accident at the building because of poor visibility; and
WHEREAS: Eliminating the parking spot to the immediate right of the exit would dramatically improve visibility; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Traffic and Parking to help resolve an unsafe traffic situation in the vicinity of 245 River Street.

O-47     July 30, 2007
VICE MAYOR TOOMEY
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner and ask him to be cognizant of recent copper thefts in Cambridge and their effect on the residents and their homes.

O-48     July 30, 2007
COUNCILLOR SIMMONS
VICE MAYOR TOOMEY
COUNCILLOR DAVIS
COUNCILLOR SULLIVAN
COUNCILLOR DECKER
ORDERED: That the Mayor be and hereby is requested to appoint a small working committee to discuss the disposition of the Upton Street building and space for the Community Learning Center, the Central Square Library and School Administration.
ORDER WITHDRAWN WITH UNANIMOUS CONSENT

O-49     July 30, 2007
COUNCILLOR GALLUCCIO
COUNCILLOR SULLIVAN
COUNCILLOR MURPHY
ORDERED: That the City Council go on record supporting the "Armenian Park" and the efforts of the Armenian Foundation to construct a park and memorialize the Armenia genocide on the Rose Fitzgerald Kennedy Greenway; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Turnpike Authority, the Cambridge delegation and Representative Peter Koutoujian on behalf of the entire City Council.

O-50     July 30, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner to report back on the additional public safety costs incurred by the City due to the former Graham and Parks School being kept vacant.

O-51     July 30, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Superintendent of Schools to report back to the City Council on the usage of the former Graham & Parks School, located at 15 Upton Street, including a date for disposition and/or conditions for disposition.

O-52     July 30, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and is hereby requested to confer with the Assistant City Manager for Human Services and the Assistant City Manager for Community Development and the Executive Director of the Women’s Commission with the view of encouraging a continuation of the discussion between staff and the Civic Unity Committee of how to respond to media images and encourage positive self image, especially with regard to young women of color.

O-53     July 30, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development and the Commissioner of Inspectional Services to research and report back to the Ordinance Committee on the numbers and types of variances residents seek to provide third and fourth bedrooms or other renovations to keep their families in Cambridge and whether there are actions that the City could take, for example a more streamlined variance procedure, to make it quicker, simpler and less costly to do these renovations.

O-54     July 30, 2007
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and is hereby requested to confer with the Assistant City Manager for Community Development to provide projections of the number of three and four bedroom units that could result over a five to ten year period from the potential changes described by the Community Development Department in the attached March 5, 2007 memo to the City Council.

O-55     July 30, 2007
COUNCILLOR DAVIS
ORDERED: The conflicts between energy efficiency goals, the zoning and building codes be referred to the City Manager for methods to resolve these conflicts.

O-56     July 30, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of July 30, 2007 Claims Committee in the total sum of $2,001.14.

O-57     July 30, 2007
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to take the necessary steps to install sign boards that will post the dates, time and location of community meetings conducted by the Police Department.

O-58     July 30, 2007
COUNCILLOR MURPHY
COUNCILLOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to provide the following information to the City Council to assist its considerations on the proposed leaf blower amendment to the Noise Ordinance:
   * Language to clarify that all leaf blowers, gas- and electric-powered, are subject to the ordinance.
   * Language that would enable homeowners doing their own yard work to use leaf blowers on Sundays and for longer hours during the week, but would not apply to commercial landscapers, gardeners or other yard workers working on residential property other than their own.
   * Information as to whether the ANSI standards incorporate EPA emission standards.
   * Language to require that landscapers contracting with the City of Cambridge provide state-of-the-art safety protection for their workers using leaf blowers.

O-59     July 30, 2007
COUNCILLOR MURPHY
COUNCILLOR SULLIVAN
ORDERED: That the City Council hereby refers the Ordinance Committee reports for the hearings held on December 12, 2006 and May 8, 2006 on the report of the Avon Hill Neighborhood Conservation District Boundary Study Committee back to the Historical Commission and the Study Committee for further considerations; and be it further
ORDERED: That the Boundary Study Committee and Historical Commission be and hereby are requested to report via the City Manager's Agenda to the City Council on, inter alia, the following
  - the possibility of a sunset provision in the Conservation District Order
  - removal of the three Gray Garden East properties from the Avon Hill NCD,
  - definition, clarification and objective measurement of "open vista"
  - issues raised in letters forwarded to the Executive Director of the Historical Commission by the Chairs of the Ordinance Committee,
  - further consideration and explication of the pros and cons of binding review vs. nonbinding review
  - any information about other issues raised in the committee reports that the Boundary Committee or the Historical Commission believes could benefit the City Council's consideration.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public meeting on Tues, May 8, 2007, beginning at six o’clock p.m. in the Sullivan Chamber. The meeting was held for the purpose of discussing the definition in the Zoning Ordinance of side and rear lot lines and whether a development that contains more than twelve dwelling units but fewer than twelve townhouses should require a special permit.

Present at the meeting were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee, Councillor Henrietta Davis, Councillor Craig Kelley, and City Clerk D. Margaret Drury.

Also present were City Solicitor Donald Drisdell, and Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD).

Councillor Sullivan convened the meeting and explained the purpose of the meeting. He invited Mr. Barber to begin the discussion.

Mr. Barber distributed copies of lot maps showing irregular lots on River Street and Myrtle Avenue as examples of lots that are irregular in such a way that can make it difficult to determine side and rear setbacks (Attachment A). Copies of portions of zoning ordinances and bylaws defining lot lines and setbacks in Arlington, Belmont, Boston, Brookline, Cambridge and Somerville were also distributed (Attachment B).

Mr. Barber explained that the Cambridge ordinance has a specific provision relating to irregular lot lines, which requires a mathematical analysis and results in a line from which the rear setback is measured. In the case of irregular lot lines, the property line and the lot line for setback purposes may differ. Mr. Barber noted that Boston has the same provision as Cambridge.

Mr. Barber said that it would be fairly easy to change the language in the Cambridge provision to make it easier to understand how to determine setbacks for lots that are not the most commonly occurring rectangular shape.

Councillor Sullivan stated that he would like to see the ordinance clarified so that there are no surprises for its readers.

Mark Mulligan, 66 Fairmont Street, stated that one problem is that there is no definition of "irregular lot" in the zoning ordinance, which means that there is no certainty about when a particular lot would be subject to the special formula that pertains to determining rear setbacks. In other towns, where a lot has three sides, there are specific rules for determining a rear yard. He submitted a map and summary of the neighbor’s concerns (Attachment C).

Robb Johnson, 20 Fairmont Avenue, said that he appreciates the Committee’s willingness to look at clarifications to this area. He asked whether setbacks could be defined without reference to an irregular lot line.

Councillor Sullivan said that by tightening the definition, the discretionary aspect of the determination of when to apply the special formula would be reduced. He requested that the staff come back to the Ordinance Committee with suggested language to make the changes that have been discussed.

Councillor Davis requested that the language clarify that in no case would there be no setback requirement.

Councillor Sullivan agreed and added that perhaps there should be a presumption that every lot has a backyard, and perhaps a presumption of front, side and back yards.

It was agreed that the issue of the calculation of rear yard setbacks would stay in committee pending submission to the Ordinance Committee of proposed language for an amendment to the Zoning Ordinance.

Councillor Sullivan then moved to the issue of whether, in zoning districts that provide that a special permit is not required for a development of fewer than 12 townhouses, a special permit should be required when there is a total development of more that 12 dwelling units, but the development contains both townhouse and multifamily units, such that there are fewer than 12 townhouse units.

Mr. Mulligan said that in a townhouse development, dwelling units of any kind should count towards the number of units for which a special permit is required.

Councillor Sullivan requested that City staff provide the Ordinance Committee with language for such an amendment for its consideration.

Councillor Sullivan and Councillor Murphy thanked all those present for their participation. The meeting was adjourned at six o’clock and twenty-seven minutes p.m.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

Committee Report #2
The Civic Unity Committee held a public meeting on Thurs, May 17, 2007, at five o’clock and thirty-five minutes P. M. in the Sullivan Chamber. The meeting was held for the purpose of discussing an appropriate response to the media expressions and images of women of color and how to reinforce a positive self-image, especially with regard to young women.

Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee, and City Clerk D. Margaret Drury. Also present were Kimberly Sansoucy, Executive Director, Women’s Commission, Estella Johnson, Director, Economic Development, Community Development Department, (CDD), Michelle Farnum, Director, Youth Services Program, Department of Human Services, (DHSP), Ruby Pierce, Administrative Official, Rindge School of Technical Arts, (RSTA), Melissa Castillo, Youth Services, DHSP, Michele N. Scott, Youth Services, DHSP, Dr. Marilyn Monteiro, 35 Eldridge Road, Jamaica Plain, Michelle Crawford, 12 Putnam Gardens #111, Cambridge, Kathleen Jones, Cambridge.

Councillor Simmons convened the meeting and explained the purpose. She provided some history of the Civic Unity Committee.

Councillor Simmons then described the Don Imus event. On a national radio show carried by CBS and MSNBC, he called the Rutgers women’s basketball team "nappy headed ho’s." Individual blacks and women on the networks’ staff, then black and women activist groups protested. As public protest grew, advertisers responded to the increasing public disapproval by canceling their advertising, and Don Imus was forced to resign as talk show host.

Councillor Simmons said that Don Imus was the straw that broke the camel’s back. She then invited discussion of the economic impact that women of color have on the economy and how it can be used to express women’s reactions to their portrayal by the media, particularly women of color. Councillor Simmons invited Estella Johnson, Director of Economic Development for CDD, to speak about the economic impact of black women on this society. Ms. Johnson provided the following statistics:
1. With regard to spending decisions in the black community, women make 80 percent of these decisions.
2. Forty-five percent of women of color are heads of households
3. African Americans represent 25 billion in sales.
4. Revenue from African Americans purchases creates 261,000 jobs.

Ms. Johnson said she believes Imus just touched a nerve in all right thinking people. Racism is on of the hardest kinds discussions to have in this country. It is very important to try to have honest discussions. Regarding where we go from here, these things keep happening over and over. She said that she agrees that when we exercise our economic power is when we get some of what we want, not all but some. There needs to be conversation, not of all black women, but rather all women and all people who care about what is right.

Ms. Johnson added that the media is very powerful and what we see are rap videos, not models of powerful women. She said that she would like to talk about what we can do to get the media to portray positive images of women.

Councillor Simmons said that what her granddaughters see on TV horrifies her. Looking at Cambridge, there are many examples of powerful women. There was a woman on the School Committee in the 1880’s but how many people know that. Yet we know about "nappy headed ho’s" because it is all over the media. She invited discussion about what actions women want to take.

Melissa Castillo, Staff, West Cambridge Youth Center, said that the West Cambridge Center runs a summer Girls Taking Action Program. Every year they have a different theme. This year the theme is going to be about media images.

Ruby Pierce, Administrative Official, RSTA, and former CRLS Head Master, said that she is concerned about what young women say about themselves and how they portray themselves. When she hears them say demeaning things about themselves, she tries to engage them in conversation about just what they are saying. Sometimes the conversations make a big difference. It takes time but it is worth it.

Kimberly Sansoucy, Executive Director of the Women’s Commission, asked whether the Youth Center staff is creating the curriculum for the Girls Taking Action Program and whether Ms. Castillo has seen reaction from the teen girls themselves about the Imus issue.

Ms. Castillo said that the young people had a lot of reactions about the issue. The themes for the summer programs came out of these discussions. Part of the curriculum is set. Half is left for the girls themselves to create. The reactions ranged from calling Imus names to exhibiting hurt feelings. A lot of girls felt hurt. They related that a couple of teachers had talked about the matter.

Dr. Monteiro asked whether the girls understood the word "ho". Ms. Castillo said yes they understood it, but whether they internalize it is a different question.

Councillor Simmons said that her youngest grandchild did not understand the word. Now she does.

Michelle Scott, Youth Programs, DHSP, stated that the Rutgers basketball team members and were so strong and dignified in their response. They were wonderful role models. Ms. Scott said that she feels that there is an acceptance coming from African American men to talk about their women as ho’s . BET (Black Entertainment TV) is very disappointing in this regard.

Ms. Johnson said that many of us have seen and heard so much of this that we have become desensitized to "ho" and the N word too. It is so pervasive on BET. In her generation it was considered an abuse for someone to talk like that to another.

Councillor Simmons said that such word usage has become so persuasive it is often seen as "bigger than me," something that one individual cannot do anything about. Ms. Johnson said that we do not control the things on T.V. Maybe we need to control our own destinies. Michelle Crawford said that when she was a child, when an African American child got home after an incident of racial disrespect or abuse, their families were outraged.

Dr. Monteiro said that there is a certain level of consciousness that people are missing. Those expressions reflect the disdain that the entire society holds for African Americans and the status that African Americans occupy in this society, a status of racial oppression. Many men were supporting Don Imus and saying that he has the freedom of speech to make a statement and should not be fired for a statement, but that statement is what it says, a statement of the acceptable pathology that it is okay for one race to call even the most respected members of another race a name reserved for the least respected and most castigated members of society.

Michelle Scott noted that an article in the Metro newspaper reported that a music group was putting out a CD called "Nappy Headed Ho’s" and that 50 percent of the sales proceeds were going to go to Don Imus. Dr. Monteiro said that this is a good example of how well capitalism works for promoting sexism and racism. How do you end it? Ms. Johnson said that children of this culture are pretty materialistic. Teaching moral values has to start in the home. Michelle Crawford said that adults often do not communicate with youth, to reassure them and share their values. Adults need to spend time building the relationship.

Ms. Farnum stated that she is struck by how integrally this issue is tied into race. She gave the example of "Girls Gone Wild". Hiphop has taken a huge hit, as if hiphop owns the problem. The entire culture is implicated. An entire generation of young women has been raised on a media message that your sexuality gets you things. She said she wonders why this has all been put on the hiphop issue. Is it because for women of color this is the fastest way to success and to get things? There are three black music moguls- we all know them, but how many people know of the white music media and advertising moguls who have become rich using sex to peddle their products.

Councillor Simmons said that Don Imus has got us here at this moment.

Ms. Johnson asked the Youth Services staff members when there is a discussion about Imus, what do the girls say they should do. Ms. Farnum said that she does not think activism is something the younger generation is used to. Ms. Johnson said that the next question is what are you, the staff, going to do. Ms. Farnum replied that their role as teachers is to ask that and to help them get answers. She said that she sees a pervasive sense of powerlessness among youth.

Ms. Farnum said that she has a seven-year-old daughter. The Barbie dolls that shocked our parents are now out of style. Her daughter wants "My Scene Barbie" who has a pierced bellybutton and her own web page. Ms. Farnum said that perhaps as part of the Girls Taking Action program they could continue the conversation with women of the community.

Councillor Simmons suggested that it be a multigenerational, multiracial conversation. Ms. Crawford said that she would like to see all the people at the table including men. She suggested involving the Agenda for Children.

Councillor Simmons said that she would like to have four people from this meeting to sit down and talk about possible next steps. She submitted the following order:
ORDERED: That the City Manager be and is hereby requested to confer with the Assistant City Manager for Human Services and the Assistant City Manager for Community Development and the Executive Director of the Women’s Commission with the view of encouraging a continuation of the discussion between staff and the Civic Unity Committee of how to respond to media images and encourage positive self image, especially with regard to young women of color.

The motion passed without objection.

Councillor Simmons thanked all those present for their attendance. The meeting was adjourned at seven o’clock and fifteen minutes P.M.

For the Committee,
Councillor E. Denise Simmons, Chair

Committee Report #3
The Health and Environment Committee held a public hearing on Tues, June 12, 2007, beginning at four o’clock and eight minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of discussing the decision of the Cambridge Health Alliance to remove Obstetrician/Gynecologist services from the Windsor Street Clinic.

Present at the hearing were Councillor Marjorie C. Decker, Chair of the Committee, Mayor Kenneth E. Reeves, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, Councillor Craig Kelley, Councillor E. Denise Simmons, Councillor Michael A. Sullivan, and City Clerk D. Margaret Drury. Also present were Robert W. Healy, City Manager, Dennis Keefe, CEO, Cambridge Health Alliance (The Alliance), Dr. Kate Harney, Chief of Obstetrics and Dr. David Osler, Medical Director of Ambulatory Services and Associate Chief of the Department of Pediatrics, Cambridge Health Alliance, Allison Greer Vice President of Operations for the Alliance.

Councillor Decker convened the hearing and explained the purpose. She began by inviting testimony from members of the public.

Doris Douglas, 259 Windsor Street, stated that she has used the Windsor Street Clinic for years. Her children received their medical care there since infancy. She is very concerned about the reduction in services.

Kathy Nazario, 31 Roberts Road, stated that she has gone to the Windsor Street Clinic as long as she can remember. Her kids still go there. She grew up in the neighborhood.

Susan Yanow, 221 Windsor Street, stated that she is a member of the Cambridge Women’s Commission, a Cambridge resident and a patient at the Windsor Street Clinic. When she goes to the Windsor Clinic she is one of a few English-speaking patients there. She urged Cambridge Alliance to find different solutions to staffing problems and to maintain obstetrical and gynecological services at Windsor Street.

Ethel Delgado, 35 Newtowne Court, stated that she is President of the Tenant Council of Newtowne Court and Washington Elms. She urged the City Council to help keep full services at the Windsor Clinic. She stated that she was told that the clinic was not longer accepting new patients for primary care. Now residents are asking if they are going to close the clinic.

Susan Freirich, Cambridge, stated that she is a patient at Windsor Street Clinic and is also often the only patient for whom English is the first language. She emphasized the difficulty of neighborhood people getting to locations outside the neighborhood.

Nancy Ryan, 14 Ashburton Place, stated her particular concern for midwifery services as Chair of the Board. When OB/GYN doctors are pulled out, midwifes cannot practice there. Three of her four grandchildren were born through the midwife services.

Donna Barry, 53 Lincoln Street, expressed her concern for the removal of services. There is clear evidence that when primary care and OB/BYN services are separated, women do not access either very well.

Councillor Decker stated that the City Council was not aware that the removal of OB/GYN services was being considered until after the decision was made. It is very disconcerting that members of the City Council were not informed. Why was this not brought up at the recent budget hearings? She expressed bafflement. She has no doubts regarding the Cambridge Health Alliance leaders’ commitment to excellence with regard to health service for low-income people, but separating OB/GYN care from other aspects of women’s health care is not a positive step for low-income women and their families. Women who access OB/GYN in conjunction with primary care are able to access health care for their entire family. She noted the City Council’s commitment to community health care. She expressed her enormous faith in Dr. David Osler and Mr. Keefe. But there appears to be a new pattern of limiting OB/GYN services in our community health clinics. Councillor Decker said that she wants everyone who has been turned away to get a phone call to be told this is not the case, that a task force will be formed to find other ways to deal with any resource issue.

Councillor Decker invited the Cambridge Health Alliance to address the committee.

Mr. Keefe, CEO of Cambridge Health Alliance, said that we all want to preserve equal access to excellent women’s health services. He introduced CHA personnel at the table with him: Dr. Kate Harney, Chief of Obstetrics, Dr. David Osler, Medical Director of Ambulatory Services and Associate Chief of the Department of Pediatrics, Allison Bayer, Chief Operating Officer, Vice President for Operations.

Mr. Keefe described the financial challenges that the Alliance is currently facing. The state owes the Alliance $150 million. There are outstanding issues in the state budget that may make the situation worse. The resources are not there at the state or federal level. The Cambridge Health Alliance is the last remaining public health care system in Massachusetts.

Mr. Keefe noted that at the FY08 budget hearing he said that the CHA was not proposing any changes to the public health department budget, which was the budget that the City Council was considering. He said that the precipitating factor for the change at the Windsor Street Clinic was the unexpected loss of obstetricians both at the East Cambridge and Windsor Street Clinics. The question the Alliance faced was how to safely cover the positions, and they believe the best answer was to move the remaining obstetrician at Windsor Street to the Cambridge Clinic. CHA is not stepping back from its commitments to women’s health. He cited expanded obstetric facilities at the Cambridge Hospital and the new breast center as examples of the huge investment in women’s health services that the Cambridge Health Alliance has made in Cambridge.

Mr. Keefe said that he proposes creating a task force with CHA leadership and community representative to deal with women’s health services. He does not think there will be a quick and easy solution to the current difficulties in the recruitment of obstetricians, which is a real crisis in Massachusetts and the nation. He said that the Alliance is very sensitive to the needs of the people in Area 4. The Alliance would be willing to supply taxicab vouchers for transportation to the main hospital.

Mr. Keefe said that during this calendar year to date there have been 19,868 visits to the Windsor Clinic for primary care. Of these, 35 percent were from Cambridge residents. From July 2006 through March 2007, there were 2,184 visits to Windsor Street for OB/GYN services made by 639 patients. Of these, 27 percent were Cambridge residents, a total of 183 patients. Of these, 10 percent overall, 62 patients, were from Area 4, for an average of 5.5 visits per week to the Windsor Clinic OB/GYN and midwifery services. Mr. Keefe added that Cambridge Alliance Health Centers have a very large regional appeal because of their cultural competency.

Councillor Decker stated that these statistics, while interesting, still do not get to the heart of the harm to Cambridge women. She noted that the 27 percent of patients who represent Cambridge residents accessing OB/GYN services at Windsor is fairly comparable to the 35 percent of primary care users who are Cambridge residents. She said that she also would be interested in how many of the nonresidents used to live in Cambridge or have parents who live or used to live in Cambridge.

Councillor Decker said that she does not question the CHA commitment to women’s health care, but the expansion is all at the hospital. The question is about the commitment to neighborhood health clinics. Neighborhood clinics are a very important environment. If the Alliance is looking at a new type of service, then go ahead and eliminate the clinic instead of stripping away services. Taxicab vouchers may be a good intention and may be necessary if there is no neighborhood clinic, but they are humiliating to women. Taxi vouchers are one more way in which they are forced to acknowledge their poverty.

Councillor Decker asked whether Mr. Keefe has the authority to transfer OB/GYN doctors from the hospital to the neighborhood clinic, at least temporarily while they are looking at the long term. Mr. Keefe said that there are clinical issues at the heart of this that are best left to the doctors. At the end of the day, he does have the authority to make that kind of decision, but he will not override the clinical judgment of the doctors. He invited the Chief of Obstetrical Services, Dr. Kate Harney to comment.

Dr. Harney said that the Alliance has experienced enormous growth in the area of obstetric patients. This year they will serve 1500 pregnant women. There is a shortage of OB/GYN doctors at the national and at the state level. The Cambridge Health Alliance lost three OB/GYN doctors over the last three months. That means a sudden lack of coverage. It is difficult to stretch providers too thin and still have optimal coverage for all patients. The Windsor Clinic is the smallest OB/GYN practice. They had to move the remaining doctor from the Windsor Clinic to the East Cambridge Clinic.

Councillor Simmons apologized for coming late but she had a childcare problem, and that is emblematic of what women face in their lives. Her family and neighbors use the Windsor Street Clinic because of its comprehensive services in an accessible location. She called herself today and was told that she could not make an appointment until December. That dismays people. Councillor Simmons stated that she agrees with Councillor Decker about the importance of continuing service at the Windsor Street Clinic while making long-term decisions. Otherwise by the time the services are reinstated the patients will be permanently gone.

Area Four is one of the neighborhoods that is hardest hit when services are cut. The Windsor Street Clinic is one of the gems of Area Four. She expressed her enormous disappointment with the decision to remove OB/GYN services from that location.

Mr. Keefe re-stated his concern that there were communication mistakes made by Alliance personnel. He said that if the Alliance agrees to do something at Windsor Street Clinic temporarily, there is still a problem at the East Cambridge Clinic. If they move someone from Cambridge Hospital, there will be coverage issues at the hospital. He noted that there is a problem with women’s health services at health centers. The problem is larger than OB/GYN. His concern is not to create a bigger problem with the OB/GYN service.

Councillor Simmons said that the notice was far too short for the kind of changes being suggested. She requested the Alliance please restore the Windsor Street services until the Task Force has time to meet and come up with a solution.

Councillor Sullivan thanked Mr. Keefe for acknowledging the problem with how the communications were done. He said that when the City Council voted a number of years ago to create an authority, it was based upon an assumption that the lifeblood of the Alliance would be the neighborhood health clinics. He noted the issue that Somerville provided no funds to the Alliance. He said that he does not want to micro manage the hospital, but if there is a way to keep the Windsor Street OB/GYN Services in the interim, he urged Mr. Keefe to do so and to be sure that investment elsewhere is not made at the expense of the neighborhood health clinics.

Mayor Reeves emphasized his concerns with the lack of communication from the Alliance. He asked whether the Alliance is finding that it cannot continue to keep several neighborhood clinics, the high school and the senior center. If that is the case, the City Council needs to be so apprised. He also cautioned Mr. Keefe that it would not be realistic to envision a "transportation situation" that required Cambridge residents to get health services in Somerville or any other city or town.

Mayor Reeves asked about the Cambridge Health Alliance community relations department interacts with the community. Mr. Keefe said they only had two months notice. The Alliance has been very committed to the neighborhood health centers, but there is a range of possibilities that could be discussed, for example, there is an alternative called the family medicine model that they are very interested in.

Councillor Decker said that the City Council is very willing to have those conversations, but they want to know first that the Windsor Street services will be reinstated until a decision is made.

Mr. Keefe said that he is willing to meet with his team, but he cannot tonight commit to restore services at the Windsor Clinic and thereby create a problem at East Cambridge and the hospital.

Councillor Decker stated that she hopes that there will be a solution by Monday. She said that she wants to remind Mr. Keefe that the Alliance has put the City Council in this position.

Mayor Reeves encouraged Mr. Keefe to confer with Mr. Healy who usually has good suggestions. He said that he sees a need for broader discussions of the City Council and the Alliance.

Councillor Galluccio said that there are two locations within reasonably close proximity that can serve the Windsor Street Clinic OB/GYN patients. That part is not catastrophic. He asked whether there has already been a process of meeting with each patient who will be affected by the change.

Ms. Greer said that letters have been sent out letting them know that services are available at the alternate locations. Phone calls have been made to all patients. The services are still currently being provided. Obstetricians will be at the Windsor Clinic until mid July and midwifes until the end of July. In addition, they do have new providers of primary care services at the Windsor Street Clinic.

Councillor Galluccio said the entire City Council supports maintaining services at the Windsor site. Phone calls are fare more important than letters. Dr. Harney said that the patients of the obstetricians moving to the East Cambridge clinic are very comfortable about following her to the new location in East Cambridge.

Dr. David Osler emphasized that there is no plan to close the clinic.

Sarah Crane, 117 Rindge Avenue, physician at the Cambridge Health Alliance, stated that it is great to see the passion about women’s health care. Today is a reflection of what is happening in health care today. The Alliance does a great job. Poor people deserve quality care and some people would choose to make decisions to go somewhere else in the Alliance System to get the quality care.

Councillor Decker thanked all those present for their attendance. The meeting was adjourned at six o’clock and thirty minutes p.m.

For the Committee,
Councillor Marjorie C. Decker, Chair

Committee Report #4
The Ordinance Committee and the Housing Committee held a joint a public meeting on Tues, May 8, 2007 beginning at five o’clock and ten minutes p. m. in the Sullivan Chamber. The meeting was held for the purpose of discussing the use of zoning regulations to encourage developers of market rate housing to include larger family sized units in their projects.

Present at the meeting were Councillor Anthony D. Galluccio, Chair of the Housing Committee, Councillors Brian Murphy and Michael A. Sullivan Co-Chairs of the Ordinance Committee, Councillor Henrietta Davis, Councillor Craig Kelley, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury.

Also present were Donald Drisdell, City Solicitor, Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD), Christopher Cotter, Director of Housing, CDD, Stuart Dash, Director of Community and Neighborhood Planning, CDD, Cassandra Arnaud, Housing Planner, CDD.

Councillor Sullivan convened the meeting and stated the purpose. He invited Christopher Cotter, Director of Housing, CDD to describe the issue. Mr. Cotter reviewed the information set forth in the attached letter of Mar 5, 2007 from the City Manager to the City Council. Mr. Cotter said that CDD and the Law Department staff have analyzed various methods for encouraging or requiring developers of market rate housing to include larger units. Mr. Cotter reviewed the potential incentives for private developers to build family sized units. One method would be to lower base densities in industrial, business and PUD districts and provide bonus density for construction of larger units in these higher density districts through the special permit process. Another option would be to add on a bonus for larger units for projects involving conversion of industrial buildings, townhouses and multi family housing, all of which already need special permits.

Councillor Sullivan asked whether those tools have been used elsewhere and if so, have they been successful. Mr. Barber said that the bonus tool is a technique used in the Cambridge Zoning Ordinance in the Inclusionary Zoning Ordinance. This is just another variation. Councillor Sullivan asked whether this particular variation has been used in other cities or towns. Mr. Drisdell stated that it has been used in Vancouver, but on a different scale and dimension.

Councillor Galluccio requested a slide presentation and/or pictures of the Vancouver use to get a sense of why that scale would not work here. He added that as North Point changes, and as Smith Place changes, there may be room for aggressive planning requirements. Vancouver has townhouses around large buildings, a kind of step pattern.

Councillor Davis asked whether CDD looked at changes to the inclusionary zoning ordinance to not require that affordable units be absolutely the same as market units in order top prevent one and two bedroom units enclaves. Mr. Cotter noted that the bonuses would address family units across the entire spectrum, not just affordable units.

Councillor Davis asked if CDD staff know what the market rate demand is for larger units. Mr. Cotter said that he only has anecdotal information – developers have told him the demand is for smaller sized units. Councillor Davis requested additional information about the market rate demand.

Councillor Murphy asked whether CDD’s sense was that market rate three and four bedroom units would go to families or roommates. Mr. Cotter said that they hear from developers that the only families in the development are in the affordable units.

Councillor Davis asked what income is needed to pay for a three-bedroom unit. Mr. Cotter said that the median condominium price is $420,000. A family would need an income of $120,000 per year to purchase such a unit. He said that he does not have a chart with him, but he believes that to rent a median priced rental unit, a family would need an income of about $160,000 per year.

Councillor Galluccio said that families want their kids to play with other kids. If the units are all one and two bedroom units, there is no way to break the mold. Cambridge policy makers have to think about creating enough three and four bedroom units to have enough families to make it work.

Councillor Simmons said that with the inclusionary zoning requirements, people are still priced out, especially people at the lower end of the income spectrum.

Councillor Davis asked how long people are on the waiting list for affordable units. Mr. Cotter said that no waiting list is maintained. The more units they have available, the more likely people are to get a unit. He stated that they have filled 20 units with families with older kids because there are more affordable units now. When fewer units were available, most went to families with children under the age of six, who have priority because of lead paint.

Mr. Cotter said that with regard to the cost of the affordable homeownership units, the issue is that a lot are a little too expensive for many families. The City has established a buy-down program through the Affordable Housing Trust.

Councillor Davis said that the City Council does not want the Cambridge to go the way of becoming a childless city. She asked whether the concept of allowing transfer of development rights could be used to get more of a critical mass of families in a particular building. She also asked about possibilities related to conversion of existing units to create larger units. Perhaps more flexibility could be helpful.

Councillor Galluccio said it would also help if families of the City could find a way that someone could get permission to add a 400 square foot addition to an existing residence without having to go through the process for obtaining a variance.

Councillor Sullivan said that the actual numerical population of children is up but the rate of children as a percentage of the total population is down. He would like to know whether a real developer would be willing to use the incentives that are being discussed.

Mr. Barber said that the zoning ordinance could be adjusted in the area of allowable dwelling units per lot area so that builders would have to build large units to use all of their development rights. He said that in the big development areas, there is enough room so that regulating this variable would result in developers building four bedroom units.

Councillor Kelley said that he appreciates the effort CDD staff has put into developing these concepts, but the real issue is the public schools. He noted that in the City’s survey of citizen satisfaction only 67 percent of respondents thought that Cambridge is a good place to raise a family.

Councillor Davis stated that she believes the City can get data from the Board of Zoning Appeals (BZA) about the renovations for which people are seeking variances. She would like to know how many people just need a little space to keep their families here, and whether there are small changes that could make a third and/or fourth bedroom possible in existing units. She made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development and the Commissioner of Inspectional Services to research and report back to the Ordinance Committee on the numbers and types of variances residents seek to provide third and fourth bedrooms or other renovations to keep their families in Cambridge and whether there are actions that the City could take, for example a more streamlined variance procedure, to make it quicker, simpler and less costly to do these renovations.

The motion passed on a voice vote without objection.

Councillor Galluccio submitted the following order:
ORDERED: That the City Manager be and is hereby requested to confer with the Assistant City Manager for Community Development to provide projections of the number of three and four bedroom units that could result over a five to ten year period from the potential changes described by the Community Development Department in the attached Mar 5, 2007 memo to the City Council.

The motion passed on a voice vote without objection.

Councillor Sullivan emphasized that the City Council needs to hear from the developers.

Councillor Galluccio agreed. He said that the last thing that the City Council wants is to inhibit the production of housing. He urged the staff to talk to developers and said that in his experience, developers will not come to a hearing. He reiterated the information requested the information requested at this meeting.
 - Potential changes to make it easier for families to add an additional bedroom to their existing residence.
 - More information about Vancouver’s method of encouraging larger units.
 - Five to ten year projection of number of large units that could result from changes described by Community Development to inclusionary zoning and special permits.

Councillor Davis added that the Commissioner of Inspectional Services should attend the next meeting on this issue.

Councillor Galluccio then invited public comment.

Frederick Crane, Cambridge realtor, said that with regard to real estate development and sales, the $500,00 to $800,000 three or four bedroom townhouses have remained competitive in Cambridge. There is a need and demand for these homes. Families who started out here as couples and want to stay are interested in these units. In his experience a lot of families were unsure about the school system in Cambridge and went to other places. Developers want to do smaller units, because the smaller the unit the higher the square foot prices.

Councillors Anthony Galluccio, Brian Murphy and Michael Sullivan thanked those present for their participation. The meeting was adjourned at six o’clock p.m.

For the Committee,
Councillor Brian Murphy, Co-Chair, Ordinance Committee
Councillor Michael A. Sullivan, Co-Chair, Ordinance Committee
Councillor Anthony Galluccio, Chair, Housing Committee

City Manager Letter
Mar 5, 2007
To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-11, regarding a report on drafting special permit language that requires a percentage of 3 and 4 bedroom units, Assistant City Manager for Community Development Beth Rubenstein and City Solicitor Donald A. Drisdell report the following:

Staff from the Community Development and Law Departments have analyzed various methods for requiring or encouraging developers of market-rate housing to include a certain percentage of larger family-size units (three bedroom or larger) in their projects.

There are many possible ways of encouraging production of larger units through zoning, though each has advantages and disadvantages. Consequently, we thought it best to describe several possible routes, along with pros and cons of each. After further discussion with the Council of these various approaches, staff will draft the appropriate language.

After conferring, staff from the Community Development and Law Departments have concluded that the best approach to achieving an increase in three and four bedroom units is to provide a bonus or other compensating benefit to the developer.

Therefore, the mechanisms we discuss below rely upon a special permit process that offers additional density (or some other benefit) in exchange for the city obtaining the larger units.

I. Regulation of Industrial, Business and PUD Districts

One method of obtaining larger units would involve lowering base densities in these higher density districts, with FARs or densities being allowed to rise again in exchange for a share of three and four bedroom units. For instance, where the residential FAR in a district is greater than the non-residential FAR (which is the case in most mixed use zoning districts in the city), the additional FAR for housing might only be permitted by special permit with the condition that 3+ bedroom units be provided in the quantities determined by the city.

An alternate or companion change might be to lower the density of dwelling units permitted in a district (the Lot Area per Dwelling Unit regulation in our Ordinance), permitting the existing density only after the issuance of a special permit with the same 3+bedroom requirement. For instance, in the highest density districts the Lot Area per Dwelling Unit might be reduced from the typical 300 square feet to 400 or 450 square feet. Restoration of the original 300 square foot provision would only be by special permit.

Pros:

* City stands to gain more of the larger units in these denser districts

* Bonuses might be better absorbed in these relatively more built out areas

* Larger projects already undergo careful analysis of traffic and other impacts through Article 19 of the Zoning Ordinance

Cons:

* Family-friendly housing might not be best suited to these high-rise, denser districts, though negatives could potentially be mitigated through design guidelines (for e.g. encouraging family units to be on the lower floors)

* Lowering the incentive for housing (through FAR or Lot Area per Dwelling Unit adjustments) might discourage housing construction.

II. Regulation of Conversion of Industrial Buildings, Townhouse and Multi-Family Housing

These classes of projects already have a special permit provision. In this mechanism the option to build family-sized units, in exchange for bonuses, could be added on. The Lot Area per Dwelling Unit adjustments suggested above could also be considered here as well.

Pros:

* Projects already need special permits

* Could provide larger units in a generally lower density setting, conducive to family living.

* Many conversions are conducive to larger units (e.g. old warehouses, former industrial buildings, churches)

Cons:

* Not likely to yield as many large units as the PUD and higher density districts

Issues for Discussion

As changes to zoning are contemplated, a few important questions should be considered:

* Where should larger units be located, in high-density areas such as the PUD districts or lower-density neighborhoods? Should they be encouraged everywhere residential use is allowed?

* What bonuses are acceptable: additional height? more density? a break on setbacks or required open space?

* What is the right percentage of larger units to encourage? Should the percentage be pegged to project size, with larger projects being asked to give more? For example, zoning could encourage a 10% share of larger units in projects under 25 units in total, a 15% share between 26 and 50 units, and 20% larger units in projects with more than 50 units.

* Should units be encouraged to have a minimum bedroom size (beyond the state building or sanitary code)? Are there other design guidelines that should be added when larger units are being included?

We look forward to further discussion with the City Council as we develop these proposed changes to the Zoning Ordinance.

Very truly yours, Robert W. Healy, City Manager

Committee Report #5
The Cable TV, Telecommunications and Public Utilities Committee held a public meeting on Wed, June 13, 2007 at five o’clock and four minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss provisions in the building code, zoning ordinances and other city regulations that affect the ability to build "green" buildings and install wind or solar devices.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Councillor Craig Kelley; Councillor Michael A. Sullivan; Charles Sullivan, Executive Director, Historical Commission; Ranjt Singanayagam, Commissioner, Inspectional Services; Susan Glazer, Deputy Director, Community Development Department (CDD); Les Barber, Director, Land Use, Planning and Zoning, CDD; John Bolduc, Environmental Project Planner, CDD; Iram Farooq, Project Planner, CDD; Ellen Katz, Fiscal Director, Public Works Department; and Donna P. Lopez, Deputy City Clerk. Also present was Rick Mattila, Director, Genzyme Corp.; Tina Miller, Cambridge Housing Authority; Sue Butler, President, Green Decade Cambridge; Terrence F. Smith, Cambridge Chamber of Commerce; Betsy Boyle and John Francis, CCPAC; Brett Feldman, NSTAR; Jesse Foote and Nathan Gauthier, Harvard Green Campus Initiative; Peter Daly, Executive Director, Homeowners Rehab; Jane Jones, Senior Project Manager, Homeowners Rehab; Quincy Vale, CEO, Powerhouse Enterprises; Robert Riman, Daniel Winny Architect; Leroy Cragwell, CAAHA; and Kathy Reine, 30 Vassal Lane.

Councillor Davis opened the meeting and stated the purpose. This meeting was scheduled to discuss which codes need to be changed or amended for green buildings. Councillor Sullivan commented that the code is obstructionist for green buildings. Councillor Davis stated that the City has control over the Zoning Ordinances, the Historical Commission has regulations that can be changed and the City has no control over the state building code.

A suggestion was made that local changes be made to make the code more sustainable. Ms. Butler stated that she felt coordination between departments was needed to get LEED Certification.

The building commissioner spoke about a "green" house on Kelley Road. The bay windows are part of the floor area and are restricted by the building code. He spoke about windmills. Councillor Davis informed the committee that Gloucester amended their zoning ordinance to build windmills. Cambridge could do this as well. Skylights require Board of Zoning Appeal (BZA) approval stated Commissioner Singanayagam. At this time Councillor Davis asked the attendees for their experiences.

Mr. Barber stated that green roofs can be counted in the gross floor area (GFA). If the yard is nonconforming no expansion is allowed. Councillor Davis stated that she visited a green roof in Minneapolis. There was no railing because the GFA was not increased. Mr. Barber spoke about ambiguities in the Zoning Ordinance. More specificity in the ordinance is best.

Mr. Mattila spoke about the need for a barrier for biotech building and roof HVAC. Mr. Barber commented that mechanical equipment is big and intrusive. Ms. Butler stated that it may be more efficient to paint a roof white than to plant. Councillor Davis asked if there was anything in place about a green roof. Councillor Sullivan stated that Genzyme has a green roof. Commissioner Singanayagam stated that the Zoning Ordinance has an open space regulation. At Genzyme the Floor Area Ratio (FAR) limit kicked in and prevented the company from going to the next level. Canopies can trigger GFA stated Mr. Barber.

Ms. Farooq informed the committee that the Alewife Zoning included storm water management. Public Works has a stringent storm water management regulation. Storm water management is encouraged by the Public Works and Community Development Departments. However, this is not quantified, but is reviewed on a case-by-case basis.

Councillor Davis asked if there are zoning impacts for green roofs. This may trigger FAR consideration stated Mr. Barber. Maybe incentives are needed commented Councillor Davis.

Ms. Jones stated that the Massachusetts Technology Collaborative (MTC) has the largest storm water installation in the state at Trolley Square. The storm water retention tank was put in to irrigate a green roof. The issue however was that it was viewed as a gray water system. The state plumbing board gave approval after two months. This is a problematic issue and is a state determination. Councillor Davis stated that this could be a proposed change to the building code. Ms. Butler stated that the Water Department will not do individual unit water readings in a multi-dwelling building. Only one lot per line is the regulation stated Commissioner Singanayagam. Water was part of the tenancy and could not be divided; however, this was changed and can now be divided. It is a one owner per bill. Mr. Vale stated that there is no way to get electric metering to individual condo owners. It is done as a straight pass through. This is a utility regulation. Mr. Gauthier stated that the system is to provide utility to the whole building, but cannot be used to divide up the utility bill. Mr. Smith stated that this goes back to utility franchising. The goal was to consolidate service. There existed neighborhood electric companies that were inefficient. The franchise for who sells electricity to what town was established in 1920. Water, he said, could be subdivided but the owner of the building is responsible for payments of the water bill.

Mr. Vale commented that not every building in Cambridge has a north, east, south or west orientation.

Mr. Gauthier spoke about low e-coating on windows. Low e-coating lowers air conditioning bills, but affects the glazing of the building. Mr. Barber spoke about countervailing entities and conflicts. Low e-coating is expected for residential areas because there is less glazing in residential areas and it is less noticeable.

Mr. Cragwell suggested changing light bulbs in every household.

Mr. Gauthier stated that Cambridge requires pigment in its sidewalk material but because of the pigment buildings cannot get LEED Certification. Councillor Davis stated that changing this specification could be worked on. Mr. Gauthier inquired if Cambridge has a specification for the type of asphalt used. Councillor Davis stated that a rubber sidewalk test was being done.

Mr. Vale suggested reviewing the code and identifying the issues in the code to build green. Developers should be encouraged to build LEED certifiable projects. Other communities have these regulations.

Ms. Glazer informed the committee that an internal group is working on a green building proposal and will come before the City Council. Councillor Davis commented that there are subtle ways that the Building Code prohibits green buildings. Mr. Bolduc stated that he would like to get all involved in energy conservation. He spoke about the issues of sustainability, jobs and education. A neighborhood ombudsman is needed.

Councillor Davis commented on the issue of conserving flat roofs for solar panels. This adds cost to add a level over mechanicals stated Mr. Bolduc.

Councillor Davis asked if there is any problem in the Zoning Ordinance on the issue of solar energy. Councillor Kelley asked if there is a regulation to protect solar access. This gets complicated quickly stated Mr. Barber. Councillor Davis spoke of incentives in other states for green zones. Mr. Gauthier asked if a green code, such as Ashbury, could be adopted. Mr. Singanayagam stated that the City could make changes to the Zoning Ordinances. Mr. Mattila suggested making the state energy code to be more energy efficient. All local ordinances should be reviewed first. It is a longer process to review the state building code. Councillor Davis suggested documenting where there are conflicts in the code.

Mr. Vale spoke about the life-cycle cost of materials. More energy is used to produce plastic trays than is saved. He spoke of solar panels produced in the U.S. versus those made in China. A process is needed to get smart people thinking about implementing the best practices. Councillor Davis suggested a point system to offer incentives for green buildings. Ms. Farooq stated that the LEED system tries to give credit for recycling, but it is complicated. Ms. Glazer suggested using the LEED checklist but to focus on energy reduction.

A discussion arose about the issue of taxes and whether they could be applied as an incentive to build green buildings. The City could adopt a green abatement if the state came forward with a green abatement proposal commented Councillor Davis. Green Decade members would be interested in this concept. A suggestion was made to start at the point where there are conflicts in design for permits and outline the problems. Maybe an energy design review process should be included in the Zoning Ordinance stated Councillor Davis. Mr. Barber raised some issues for changes: air shafts, skylights, bay windows, gray water in tanks. The Cambridge Energy Alliance should look into the code changes stated Councillor Davis. Mr. Bolduc stated the issues would be reviewed as they arise. The sidewalk change is easy to fix stated Councillor Davis. Councillor Kelley suggested building cages to buffer noise. Noise Affidavits are now on-going.

Councillor Davis asked Mr. Sullivan for the Historical Commission’s position on the installation of solar panels. Mr. Sullivan responded that Chapter 40C regulates solar installation. Buildings on Elmwood Avenue and Antrim Street have solar installed. There is not a lot of demand for solar installation stated Mr. Sullivan. The competing public interests must be reviewed. There has been no petition denied by the Historical Commission for solar installation.

Councillor Davis asked about wind turbines. Mr. Sullivan stated that there may be instances in historical districts when wind turbines can be allowed. Competing interests would be reviewed.

Councillor Davis submitted the following motion:
ORDERED: The conflicts between energy efficiency goals, the zoning and building codes be referred to the City Manager for methods to resolve these conflicts.

The motion - carried

Councillor Davis also referred this matter to the full City Council for further discussion.

Councillor Davis thanked all attendees. The meeting adjourned at six o’clock and thirty minutes P.M.

For the Committee,
Councillor Henrietta Davis, Chair

NOTE: A communication was received from NSTAR after the meeting that NSTAR would attend a meeting to answer questions on policies for interconnection solar PV and other types of distributed generation (ATTACHMENT A)

ATTACHMENT A
From: Feldman, Brett
Sent: Tues, July 03, 2007 9:16 AM
To: Davis, Henrietta
Cc: Zamparelli, William
Subject: Cambridge Green Building Code

Hello Councilor Davis,
   At the Cable, Telecom, and Utility Committee meeting on June 13 about a green building code for Cambridge, some attendees raised concerns about NSTAR’s policies for interconnecting solar PV and other types of distributed generation at their homes or businesses. I followed-up with our Interconnection manager, and he said he would be happy to come to a future meeting to answer these questions.
   We look forward to continuing to work with the city as it encourages energy-efficient design with its residents and businesses.
   Have a good holiday,

Brett Feldman
Program Manager - Energy Efficiency
NSTAR Electric & Gas
One NSTAR Way, SUMSW3031
Westwood, MA 02090-9230
(781) 441-8344
(781) 441-8721 FAX
(339) 987-7925 CELL
www.NSTAR.com 

Committee Report #6
The Claims Committee held a public meeting on Thurs, June 28, 2007 at four o’clock and twenty minutes P.M. in the Sophie Anastos Room, City Hall for the purpose of considering claims filed against the city.

Present at the meeting were Vice Mayor Timothy J. Toomey, Chair of the Committee, Councillor Michael A. Sullivan, Donald Drisdell, City Solicitor, Elizabeth Lashway, Assistant City Solicitor and Donna P. Lopez, Deputy City Clerk.

Vice Mayor Toomey opened the meeting and stated the purpose. Thereupon the committee moved to the consideration of the following claims:

Vice Mayor Toomey thanked all those present for their attendance.

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

For the Committee,
Vice Mayor Timothy J. Toomey, Chair

July 30, 2007
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of July 30, 2007 Claims Committee in the total sum of $2,001.14.

Committee Report #7
The Public Safety Committee conducted a public meeting on Thurs, June 28, 2007 at five o’clock and ten minutes P.M. in the Sophie Anastos Room.

The purpose of the meeting was to discuss with the Police Commissioner his action plan for violence prevention during the summer in the city.

Present at the meeting were Councillor Michael A. Sullivan, Co-Chair of the Committee, Vice Mayor Timothy J. Toomey, Co-Chair of the Committee, Councillor Craig Kelley, Councillor Brian Murphy, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, Mayor Kenneth Reeves, Robert Healy, City Manager, Robert Haas, Police Commissioner, Dave Degou, Deputy Superintendent of Police, Omar Bandar, Special Assistant to the Mayor and Donna P. Lopez, Deputy City Clerk. Also present was Lisa Thuran-Gray, Juvenile Justice Center.

Councillor Sullivan opened the meeting and stated the purpose. He asked Commissioner Haas about his plans for the City this summer.

Commissioner Haas discussed his deployment plans. Deputy Superintendent Degou has an operational deployment plan for the department. Neighborhoods have been identified since April for walking patrols. The park patrols started in May instead of July. There are ten officers on bikes who volunteered for bike duty. Seventeen officers augment the bike patrols for four hour blocks in the daylight. There have been 12-15 bikes donated to the department from other police departments. Officers are also assigned to City events. Deputy Superintendent Degou added that the Traffic unit is being utilized at Jefferson Park. The officers are making contact with people in the community.

Councillor Sullivan asked how many officers are working now. The department is down twenty police officers responded Commissioner Haas. The number of interested applicants who are taking the exam is down. Is the department running at a deficit of twenty officers at all times asked Councillor Sullivan? Mr. Healy stated that the new list will be out in October or November and new hires will come from the list. Vice Mayor Toomey asked if an academy class could be started. The Lowell Academy is running one class a year thru June 1st responded Mr. Healy. Vice Mayor Toomey requested that if there is another academy that this be reviewed.

Commissioner Haas stated that from indications it appears that the bike patrols are having a good presence in the neighborhoods. Councillor Sullivan asked what section of the City is not being covered because of summer vacations. Overtime will be used to pay officers to cover for vacations. Would coverage for special units be coming from patrols asked Councillor Sullivan? The deployment focus is being changed commented Commissioner Haas. Thirty-seven percent of initiative activities are being initiated by officers.

Councillor Sullivan asked if arrests are up or down. Commissioner Haas responded that arrests are up. There are 8-15 arrests per day. Warrants are prioritized. The gang task force has been in place for two months.

Councillor Davis spoke about the relationship with the Middlesex Court, but there is a problem with the Suffolk Court. Councillor Sullivan commented that coordination was established with the Suffolk County Probation Department and the Cambridge Police. Cambridge Police accompany the Suffolk probation department if there is an action stated Councillor Sullivan.

A discussion arose about police presence at City events. Commissioner Haas stated that all scheduled events have been provided with police presence. Mr. Healy added that the Police Department does not cover impromptu events. Officers are being brought into this operation stated Deputy Superintendent Degou. Commissioner Haas added that walking officers are working by their own choice.

Councillor Kelley stated that Walden Square has police officers working for a private security firm. Are Cambridge police officers doing the same type of work for housing developments, he asked? Mr. Healy responded that the Cambridge Housing Authority has funding for overtime and are hiring officers. Commissioner Haas stated that he does not allow officers to work as private security officers. Ms. Thuran-Gray explained that Boston is the only city allowed to hire special officers. She spoke about the limitations and jurisdiction for the Police Departments and the security companies.

Councillor Murphy asked what is happening at 362-364 Rindge Avenue. Commissioner Haas responded that there is capital investment in this building. A reporting station is being considered for 362-364 Rindge Avenue. Collaboration with the Police Department is forming at this location. What is the reaction if this happens asked Councillor Murphy? Changes in patterns will cause changes in deployment of resources responded Commissioner Haas. The roll call process has been changed; it is more interactive. Citywide problems are shown; then sector problems are shown. This process is more helpful for crime analysis and for the officers.

Councillor Davis commented that the responses were awkward last year and there was no communication between the police and the community. She asked if the response this year would be predictable and will Cambridge be better prepared. Commissioner Haas stated that response scenarios to incidents have been enacted. He gave examples:
1. door to door to provide the community with information;
2. reassurances to the community; and
3. community meetings.

The approaches are contextual as each situation is different. Councillor Davis commented that it is important to have the police communicate with the community. The previous problem was the perception of indifference. The focus of the police is on the direct victim and the need to see the larger picture, stated Commissioner Haas. Now every neighborhood has an e-mail address and it is listed on the City’s web site. Commissioner Haas will send the neighborhood e-mail addresses to the Chronicle.

Councillor Sullivan submitted the following motion:
ORDERED: That the City Manager be and is hereby requested to take the necessary steps to install sign boards that will post the dates, time and location of community meetings conducted by the Police Department.

The motion - carried.

Commission Haas informed the Committee that neighborhood meetings are held once a month.

Councillor Davis asked if the License Commission is involved, not just the Police Department, if there are continued incidents. The Bike Patrol engages in conversation with the youth in an effort not to chase the young people away. Councillor Davis explained the problem as youth, 18 years of age or older, causing problems between midnight and three A.M. The youth dodge the police. Commissioner Haas explained there were four encounters with the youth and police. An arrest was made on the fourth encounter. Councillor Sullivan stated that next time four warnings should not be given. Commissioner Haas added that there were no calls of complaints reported. What should be done with these youth asked Councillor Davis? Ms. Thuran-Gray responded that there was no criminal activity in the incident, other than noise. This is why there is a crime problem. She explained a program at the Juvenile Justice Center at Suffolk Law School. The program focuses on cultural issues, adversarial issues between police and youth, mental health issues not diagnosed that led to an arrest. Participants are encouraged to be problem solvers and taught how to deal with youth. The program included 160 officers and 12-school safety specialist. Councillor Sullivan stressed the importance of the educational approach to the youth. He cited the example of if arrested their opportunity for housing and employment would be jeopardized. Ms. Thuran-Gray suggested increasing community policing. She spoke about the royal blue color on police uniforms being a better color. The community-policing program in Cambridge is well run, she stated. She spoke of the need to be out of the police car making interaction with the community. She spoke about linking youth up with services for those who are in need of services and who are on the edge. Youth need men in their life. She wanted the police to connect the youth to needed services.

Councillor Galluccio asked is it the police or another level of street worker that is needed. There is a large marijuana problem in Cambridge. Kids do not believe marijuana is a crime. Ms. Thuran-Gray responded that this is not born out by the facts she has seen. The American approach is to punish the kids first when they do something wrong. School funds are being depleted as safe havens while more security officers are being put into the schools. They should be working together. Commissioner Haas stated that the missing piece is the early-on piece. Early detection and intervention is needed. Councillor Galluccio questioned who will interact with kids on the edge. Ms. Thuran-Gray responded that the problem should not only be a paid worker. There is a need to get groups to work together as teams to work on something. She suggested approaching Harvard and MIT.

Councillor Davis spoke about the STEP Program; a program that identified 8th and 9th grade students who were at risk. The loss of this program was great. This program needs to be reinstated. Ms. Thuran-Gray commented that a student at risk at school becomes a Police Department problem. Commissioner Haas stated more structural programs for the youth are needed. If his department is constantly down 20 officers he cannot institute any new programs.

Mayor Reeves commented that the issue is not understaffing. He stated that there is a better chance to work with the 20 to 21 age group. Think about socializing; who does the handholding. He spoke about a program at Bunker Hill that takes a person without a job for the biotech program, but you cannot get into this program if you have a record.

Councillor Galluccio spoke of another program for two union apprentice applicants who are drug free. Mayor Reeves spoke about a ROCA representative who attended the citywide task force meeting. Individuals in the ROCA Program are given three chances. Councillor Galluccio suggested overhauling the nine-week city worker program.

Councillor Sullivan asked Commissioner Haas for his long-range program for the department. Commissioner Haas responded to keep up the Police Department strength. Councillor Galluccio informed the Commissioner that there is not a great recruitment policy in housing developments. He suggested that the Commissioner encourage youth to be police officers. Commissioner Haas responded that the police went to the malls and to the schools to do recruitment but there is a disconnect between when the youth leaving high school and when they take the test. He also stated no one is taking the police exams. Councillor Davis questioned a patrol officer’s salary. The salary is $35,000-$38,000, depending on the degree, plus details. Councillor Galluccio commented that once relationships are improved there will be more recruitment.

Commissioner Haas stated his goals are to put more officers in school and to utilize diversion from juvenile justice system. Officers are reluctant to arrest kids. Once in the court system it is hard to get out. The youth are not aware of the consequences if they get caught doing something wrong. His goal is to get the staffing of the Police Department up to 272.

Councillor Kelley asked how the Auxiliary Police works in the plan. Commissioner Haas responded that the Auxiliary Police are used for specials events and augment the police force. Councillor Kelley asked if it is unrealistic to put in an order for 30 more foot patrol officers. Deputy Superintendent Degou stated that it is unrealistic.

Councillor Galluccio asked if the academy trainees are up to speed in the preventative justice, interactions with youth approach. Commissioner Haas responded that his department will train new hires on deficiencies of the Lowell Academy.

Councillor Murphy asked Commissioner Haas what the City Council could do to help him succeed. Commissioner Haas explained the department is between police exam lists. He wants Cambridge residents to get jobs in Cambridge, but wants to use lateral transfers. Councillor Sullivan commented laterals can be the cream of the crop. Commissioners Haas expressed his concern on what does he do now when he does not have a list. The current list will not last two years.

Councillor Sullivan outlined the reasons officers from other departments would want to do a lateral transfer to Cambridge as:
  pay scale;
  rank structure;
  reputation; and
  size of the department.

Commissioner Haas stated his concern for the patrol officer who delivers service everyday that draw from the specialty units. Commissioner Haas applauded the caliber and maturity of the Cambridge Police officers. His department is redefining the mission of the sergeants and lieutenants. He is impressed with the supervisory staff in the department.

Councillor Sullivan and Vice Mayor Toomey thanked all attendees. The meeting was adjourned at six o’clock and fifty-five minutes p.m.

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

Committee Report #8
The Government Operations and Rules Committee held a public meeting on Mon, July 9, 2007, beginning at five o’clock and five minutes p.m. in the Ackerman Room. The meeting was held for the purpose of continuing to discuss changes to the City Council Travel Policy and to discuss standing committees and a proposal that the Mayor review the City Council research assistant program, as well as any other business that might properly come before the committee.

Present at the meeting were Councillor Michael A. Sullivan and Vice Mayor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Councillor Craig Kelley, Councillor Brian Murphy, City Clerk D. Margaret Drury and Sandra Albano, Assistant to the City Council.

Councillor Sullivan convened the meeting and explained the purpose. He began with public comment.

Robert Winters, 366 Broadway, submitted two written statements, one dated May 3, 2006 (Attachment C) and one dated July 9, 2007 (Attachment D) - [HTML version].

Michael Brandon, 27 Seven Pines Road, urged the committee to make the research assistant program more transparent. He stated that the way program was initiated was a travesty. None of the City Councillors sought an opinion from the Ethics Commission with regard to the issue of whether making the program effective for that City Council rather than the next one was unethical. He would like to know who these assistants are, who hired them, who assigns their work and what their qualifications are. There was no discussion of the research assistants at the Finance Committee hearing or the budget. Mr. Brandon said that the establishment of research assistants has created a bad taste among those who follow the City Council proceedings.

Mr. Brandon said that he has not had a chance to look at the Travel Policy changes. He urged the City Council to pay attention to how the policy is enforced. He noted that the City Council Rule is somewhat antiquated. Mr. Brandon also spoke in support of putting the travel information on the City’s website.

Councillor Sullivan then began the committee discussion with a review of the changes to the Travel Policy t hat the committee had discussed at the last meeting. Those changes were incorporated in a draft that was circulated to members of the City Council for review on June 26, 2007. No additional comments or proposed changes were submitted to the Co-Chairs by City Councillors in response to that draft.

Councillor Murphy noted that Section 2.2 appears to require that a City Councillor wait until he or she has used all travel funds before applying for additional funds even if he or she knows at the time of the adoption of the budget that he or she intends to request additional travel funds. It was agreed that it would be preferable for the Councillor to make the request for the additional funds at the outset. The committee requested the City Clerk to make that change to the draft. Councillor Murphy also suggested adding rail transportation to the section of item no. 4 on page 2 that covers air transportation, and it was agreed that the City Clerk should add that change to the draft that will be forwarded to the full City Council.

There was a discussion about the proper amount to allow as a per diem amount for reimbursement for food without the submission of receipts. The draft before the committee uses the amount of $100 per day, which reflects the committee discussion at the Mar 21, 2007 meeting on this issue. Councillor Sullivan said perhaps it should be $75. Vice Mayor Toomey said that he thought that $100 was reasonable. Councillor Kelley said that either amount was reasonable. It was agreed that the current proposal of $100 would be retained.

Ms. Albano noted that Auditor James Monagle was not able to be present at this meeting, but that he had requested that she relay his suggestion that the policy provide that only a portion of the per diem would be allowed for days traveling to and from the conference when the Councillor was not paying for three meals. Councillor Kelley said that the federal travel policy allows 100% of the per diem for a full day and 75% for travel days and other partial days. It was agreed that reimbursement of 75% would be allowed for travel days.

Ms. Albano said that the Auditor had also recommended that the language in the 1995 Travel Policy be changed to emphasize that itemized receipts are required in all circumstances. Councillor Sullivan said that those changes had been made in the redraft that was now before the committee. Paragraph two of Item No. 4 specifies that receipts must be itemized receipts, and under the category of "Food" of Item No. 4 on page 3, the language reads "actual expenses based on detailed and reasonable itemized receipts." He also noted that receipts have always been required

The committee also agreed that they would recommend to the City Council that the Travel Policy, including the new method of allocating funds to each individual City Councillor for travel, would be effective July 1, 2007, which is when the FY 08 budget takes effect.

Vice Mayor Toomey noted that usually the Assistant to the City Council and either the Clerk or Deputy Clerk attend the conferences as well and asked what provision is made for this in the new method of allocating travel funds. Ms. Albano responded that staff travel had been paid out of unutilized funds from the total travel allocation in the past. Under the new arrangement, the total, which is $36,000, would be divided into eight portions, one for each City Councillor, and there would not be funds for staff travel. Vice Mayor Toomey said that there should be an additional appropriation added to the budget for staff travel sufficient to enable two staff to attend the National League of Cities conferences. He made the following motion:
ORDERED: That the City Manager be and hereby is requested to include in the budget funds to enable two staff members to attend the National League of Cities conferences.

The motion passed on a voice vote without objection. The committee requested that the City Clerk and the Assistant to the City Council confer with the City Manager as to whether one staff travel position should be included in the City Clerk’s budget or whether both should go into the City Council budget.

There was discussion about whether to put the City Councillor’s travel expenditures on the City Council website. Councillor Kelley said that he did not like being questioned about other City Councillor’s travel expenses, and that he would rather be able to refer them to a website. Vice Mayor Toomey said that no one had ever asked him about his travel expenses and he did not believe that there was much public interest in the matter. The City Clerk noted that the travel expenses were public records, which could be obtained by request even if they were not on the website. She reminded the committee that at the committee meeting there had been a suggestion to post on the website information as to when and where City Councillors had traveled at the City’s expense. Councillor Sullivan said that he was not in favor of posting travel expenses on the website and that it did not appear to him that there was sufficient support in the committee to make such a recommendation to the full City Council on the committee’s behalf. It was agreed that the committee would recommend that the Travel Policy be posted on the website.

The committee requested that the City Clerk redraft the City Council Rule 38 to change the requirement for the Auditor to keep a "log" of the City Councillor’s travel expenses to a requirement that the Auditor keep copies of the travel report that City Councillors and City employees are requirement to submit when requesting reimbursement for travel expenses. See Attachment E.

Vice Mayor Toomey moved that the draft City Council Travel Policy including the amendments approved at this meeting (Attachment A) be forwarded to the full City Council with a favorable recommendation. The motion passed on a voice vote without objection.

The committee then took up the issue of whether there should be changes to the number and functioning of City Council standing committees, of which there are currently 16: Ordinance Committee, Finance Committee, Government Operations and Rules Committee, Health and Environment Committee, Housing Committee, Economic Development, Training and Employment Committee, Public Safety Committee, Human Services Committee, Civic Unity Committee, Public Facilities, Art and Celebrations Committee, Transportation, Traffic and Parking Committee, Cable TV, Telecommunications and Public Utilities Committee, Veteran’s Committee, Claims Committee and University Relations Committee.

Councillor Murphy said that there continue to be concerns with City Council referrals of the same issue to two or more committees, the number of administrative staff required to attend multiple hearings and low attendance rates by committee members.

With regard to the low attendance, Councillor Sullivan said that committees are a very important part of the job of a City Councillor. That is where policy development with colleagues takes place. When he tells his father about the many committee meetings that he goes to and finds that the only committee member present is the chair, his father is shocked. He believes that one reason for low attendance is that there is no longer a requirement for a quorum, as there was when his father was a city councillor. The City Council rules used to provide that a quorum was required for a City Council committee meeting.

Councillor Kelley said that perhaps committee chairs should be required to get City Council approval for the meetings that he or she schedules. Mr. Winters said that would seem to be the function of the vote of the City Council to refer an item to a committee. The City Clerk said that the rules currently provide that committee can take up matters within its domain without a referral from the City Council.

Councillor Sullivan asked whether the City Clerk is giving the City Manager an opportunity to choose the staff who will be invited to the committee meetings. The Clerk said that she and the Deputy Clerk try to give the City Manager the list of the employees who are being invited a couple of days before they send the notices, so that the City Manager can tell them if there are names he wants removed. Councillor Murphy added that if a particular topic is referred to two committees, then there should be a joint meeting of the committees to discuss that topic.

Mr. Winters said that at one time, each committee’s jurisdiction corresponded with that of a particular city department. Councillor Murphy said that some committees dovetail with departments and some are overarching. He said that some committees could be combined, for example Housing and Economic Development could be combined. Councillor Sullivan said that in light of new emphasis on linking art and tourism, etc, he could also see a combination of Economic Development with the Public Facilities, Arts and Celebrations Committee.

Councillor Kelley asked whether the purpose of such combinations was fewer meetings or clearer jurisdiction. Both Councillor Murphy and Councillor Sullivan responded that the purpose was to clarify the jurisdiction of the committees. There was a question about the possibility of combining committees into eight committees and providing by City Council rule that each City Councillor, with the exception of the Mayor, chair one committee.

It was agreed that the City Clerk will send a memo to all members of the City Council listing the possible reforms to the committee structure and functioning that have been suggested.

Councillor Sullivan then moved to the question of the evaluation of the City Council research assistants pilot program. Councillor Sullivan noted that there had been discussion of providing assistants for the City Council when former Councillor Jim Braude chaired this committee, and prior to that, when former Mayor and Councillor Sheila Russell chaired the committee. Some of the earlier discussion focused on providing permanent research staff who would work for all of the councillors rather than individual assistants. This program was conceived as a pilot program for one term that would then be evaluated. The question before the committee at this time is how the program should be evaluated.

Councillor Kelley stated that an evaluation is important. He does not know what the results would show as to whether the program is good or bad. He does not know what the assistants are doing. His sense is that it is more administrative assistant work than research work. He could see how administrative assistants could be a good thing. If the City Council moves to eight committees, one assistant could be assigned to each committee. Councillor Kelley said that the City Council could have a better discussion about the pros and cons if they had a better idea of what these assistants do, who they are and what they are providing in terms of value for the City of Cambridge.

Robert Winters said that former Mayor and City Councillor Frank Duehay used to use volunteers, including Kennedy School students who were required to produce papers for their courses. The City’s award-winning recycling program was actually started using volunteers.

Councillor Murphy said that if there were eight committees, it could make sense to assign an assistant to each committee. Another possible model is the professional staff model with a chief of staff who hires supplemental staff.

Vice Mayor Toomey said that he supports continuation of the program and continuation with each city councillor hiring individual assistants; it has been very useful and worthwhile in his experience. If people have concerns, the committee should discuss boundaries for the work that can be done, going forward. Councillor Kelley agreed that any evaluation should be an evaluation of the program.

Mr. Winters stated that he is opposed to institutionalizing this program, but if it does go forward, it should not be in the Mayor’s budget.

Councillor Toomey moved that a subcommittee of the Government Operations Committee would continue the discussion of evaluation of the research assistant program and if the City Council decides to continue to have such a program, how it should be structured and what duties assistants should undertake.

Councillor Sullivan noted that the City Council assistants are subject to all of the rules that govern municipal employees, which include time and place of employment, prohibition against engaging in or using city resources for political campaign activities, restrictions on use of internet, telephones, etc. for anything but city business, and many more rules.

It was agreed that Councillor Kelley and Vice Mayor Toomey will comprise a subcommittee to evaluate the program and make recommendations as to any future program design. The City Clerk will work with them to notify their colleagues and request their thoughts and participation.
[Note: The primary reason why the “research assistant” program  became controversial was that it was established under cover of darkness as a political deal without any public process and without any open meetings. The phrase “notify their colleagues and request their thoughts and participation” seems dangerously close to a repetition of the very problem at the root of this controversy – political deal-making out of public view.]

Councillor Sullivan and Vice Mayor Toomey thanked all those present for their participation. The meeting was adjourned at 7:18pm.

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

ATTACHMENT A
DRAFT Cambridge City Council Travel Policy
Adopted _____ 2007
Effective July 1, 2007

1. Introduction
The City Council recognizes the value of travel for purposes clearly related to the overall improvement of the City and travel for the purpose of assisting the individual City Councillor in performing his/her official duties. City Council travel should be as economical as possible.

2. City Council Travel Budget
The City Council will set a total amount for annual travel expenses, based on the amount it considers reasonable for each member to expend each year for travel which relates to city business. The Assistant to the City Council shall keep individual travel budgets for each City Councillor, to which an equal allocation of the total travel budget shall be made.

1. Travel plans for which the individual City Councillor expects reimbursement up to the amount budgeted for an individual Councillor do not require pre-approval by the City Council, except that there will be no reimbursement for travel outside the continental United States without prior approval of the City Council.

2. A member of the City Council who anticipates utilizing more than the total annual amount budgeted for his or her travel may request approval from the City Council for funding for additional travel relating to the members duties or official capacity as a City Councillor. Said request shall be made by submission of a proposed order for the City Council’s consideration and vote at a regular business meeting.

3. The Mayor’s travel budget is approved separately, and mayoral expenses are not included in the Council travel budget. In all other respects, the travel policy applies to the entire City Council, including the Mayor.

3. Travel Arrangements.
All arrangements for air travel, lodging and rental cars will be made by the Assistant to the City Council and the Assistant to the Mayor, and not by individual City Councillors, except in unusual or unforeseen circumstance, or where the individual City Councillor is able to make a less expensive travel arrangement. Sound business practices should be followed at all times. Councillors should provide as much advance notice of travel requirements as possible to enable the staff to obtain advantageous rates for airfares, conference registration and lodging.

Travel arrangements should be made a government or convention rates whenever possible. Care should be taken to make cost effective arrangements, such as utilizing super-saver rates. The City will pay only for standard hotel rooms, standard or "coach" A (no premium or First Class) airfare and midsize rental cars. The City will not pay for flight insurance. All additional costs caused by family members or other persons traveling with the City Council member will be the obligation of the City Councillor.

Economical travel is favored. If by extending travel through Saturday, airfare savings exceed additional hotel, meals, car rental and other expenses, then such an extension is allowed.

4. Travel Expense Reimbursement
All payments to City Councillor for their City Council travel expenses shall be by reimbursement. No expenses will be reimbursed without proper documentation and an expense report. City Councillors shall utilize the City of Cambridge Travel Expense Report required by the City Manager for all City Employee travel.

Proper documentation must include itemized receipts, except for the food category when an alternative reimbursement allowance is requested. The expense report must clearly state the purpose of the travel. Allowance amounts are as follows:

Transportation: Air or Rail
Standard or economy fare.
Related ground travel: Actual cost of trips between home - airport/train station, airport/train station - lodging and returns.

Transportation: Personal Automobile
Travel by personal automobile will be reimbursed per mile up to 450 miles one way at the City’s per mile reimbursement rate in effect at the time of the trip. The City will also reimburse toll expenses upon production of the relevant receipts. The City will only reimburse one day’s worth of per diem expenses for each leg of a trip except in cases of extraordinary and unforeseen events such as extreme weather that cause an unexpected delay in travel.

Lodging
Standard single occupancy. If travel is part of a convention, choose either the convention hotels or alternative hotels with rates within the range of the convention hotels. If not part of convention, choose by informal quote procedure.

Food
Actual expenses based on detailed and reasonable itemized receipts for each City Councillor or $100 per diem without itemized receipts. [Yes, you read that correctly. Under this proposed policy, any city councillor would be entitled to a $100/day meals allowance - even if they only spent a fraction of that amount. Doesn't this sound just a bit like a way to sweep the current mayor's transgressions under the rug? Under this option, any councillor could just throw away his or her receipts and pocket some extra cash.] At NLC subcommittee and board meetings/conferences, the host city generally provides many of the meals; therefore per diem reimbursement for food is not allowed for said conferences. The City will not pay for alcohol. Where bill includes reimbursable food expenses and non-reimbursable alcohol expenses, the receipt should clearly identify what portion of the bill is reimbursable.

Ground Transportation
Taxis - Reimbursement will be for actual expenses. Taxi receipts must be properly completed and signed by the individual City Councillor.

Rental Automobiles - Reimbursement for non-luxury midsize automobiles. Any upgrades must be paid by the individual City Councillors.

Miscellaneous Business Expenses
This category includes tips, telephone calls, parking, etc. Any incidental expenses over $10 must be documented.

The auditor shall reject or adjust any receipts that he or she deems excessive or not properly documented.

Reimbursement shall not be approved under any circumstances for the following:
Alcoholic Beverages
Tobacco
Laundry & Dry Cleaning
Barber, Hairdresser, Manicure or Bootblack
Entertainment
Newspapers or Magazines
Toiletries
Article of Apparel
Pay Per View Television
Conference events not related to the business travel

ATTACHMENT B
Proposed Amendment to City Council Rule 38
Ordered: That the Cambridge City Council place the following proposed amendment to Rule 38 on the table:
Rule 38. The City Council’s travel and incidental expenses thereto shall be approved by five members of the City Council through the budget process. All individual expenses will be substantiated by receipts and requests for payments will be approved by the City Auditor prior to reimbursement. The City Auditor shall be required to keep copies of Travel Expense Reports for all City Council travel expenditures reimbursed by the City and make the same available on request to all interested persons. The City Council may adopt a Travel Policy consistent with this rule to specify acceptable travel arrangements and limitations on reimbursable expenses.

Committee Report #9
The Ordinance Committee held a public hearing on July 12, 2007 beginning at five o’clock and four minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Zoning Ordinance to regulate fences (Attachment A).

Present at the hearing were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee, Councillor E. Denise Simmons and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Arthur Goldberg, First Assistant City Solicitor, Stuart Dash, Director of Community Development and Neighborhood Planning, Community Development, and Police Sergeant Kathleen Murphy.

Councillor Sullivan convened the hearing and explained the purpose. He announced that Councillor Kelley was not able to attend the hearing but had e-mailed a statement of support for the proposed ordinance (Attachment B). He invited a presentation from the petitioners.

Amanda Trombley, 10 Chester Street, Pedestrian Committee, made a presentation. She submitted written material on behalf of the Pedestrian Committee. She began with a description of the Pedestrian Committee. Ms. Trombley then provided an overview of the fence law in Massachusetts. There is a state ordinance, but it does not help in these areas. She noted that several neighboring cities and towns have laws regulating fences. She submitted copies of fence laws in nearby communities (Attachment C). Ms Trombley distributed examples of good and bad fences (Attachment D). She said that until recently, Cambridge had mostly low fences. They are not trying to limit fences or property rights, but there are good fences and bad fences. Good fences do not impair visibility or create safety and security hazards. Studies have shown that high fences encourage street crime. Neighbors are one of the best defenses against crime. The Pedestrian Committee is prepared to develop educational material to help educate neighbors.

Ms. Trombley said that the Pedestrian Committee has tried to set guidelines that are based on benefits to the community without limiting property owners unduly. Most fences in most neighborhoods in Cambridge are in compliance with the standards set forth in the proposed ordinance.

Councillor Sullivan asked about the effect on corner lots, where both street edges are treated as front yards. Ms. Trombley said she was not sure, but noted that the proposed ordinance provides for hardship exemptions.

Councillor Simmons asked whether non-compliant historical fences would be prohibited. She also asked about existing fences. Ms. Trombley said that existing fences are not required to be removed but when they need to be replaced, they would need to comply. Councillor Simmons asked about what areas of Cambridge are affected and was told that all areas of Cambridge are covered by the ordinance.

Larry Parnell, 188 Rice Street, spoke in support of the ordinance. His major concern is safety at corners, etc. The Fence Ordinance offers the opportunity of better visibility. He noted that children in strollers are pushed first into the blind spot created by a high fence. High walled fences are unpleasant to walk past as well as safety hazards.

Eva Mosely, West Cambridge, Pedestrian Committee, said that she walks a great deal around Cambridge. The fence ordinance would improve visibility, predictability and safety. It is a flexible ordinance and would support walking.

Jonathan Cole, 15 Hemlock Road, expressed concern about back fences and the waiver provision. He also noted that the reference to Article 8 in particular needs more explanation.

Ben Rasmussan, Cedar Street, member of the Pedestrian Committee, noted the fence on the corner of Harvey and Cedar. It is made of shiny white plastic, is tall and subject to graffiti. He believes that tall fences are a problem for snow removal; they eliminate the yard as somewhere to place snow moved from the street. Tall fences can also hide the house number.

Cara McCoy, 57 Cedar Street, member of the Pedestrian Committee, said that she believes that Article 8 is referenced because a fence would qualify as a structure. She noted that high fences decrease safety for occupants.

Bill Naumann, 12 Pleasant Street #3, member of the Pedestrian Committee, said that at first he was not very enthusiastic, but conversations with walkers have convinced him to support the ordinance based on considerations of safety and sight lines.

Kathy Podgers, Pearl Street, spoke in opposition. Putting the house number on the fence can solve the issue of not knowing house numbers when there is a tall fence. She does not have a high fence and she has been a victim of property crime. State police who investigated suggested that she get higher fences. When people walk by yards with low fences, they stop and stare and make comments. What about people who live across the street from bus stops? People at bus stops stare into windows of homes. Neighbors stare too.

Robert Skendarian, 1639 Cambridge Street, submitted a letter in opposition to the proposal (ATTACH. E).

Councillor Sullivan moved that the petition be referred to the full City Council and that the Ordinance Committee maintain jurisdiction of the subject matter for an additional meeting in September. The motion passed on a voice vote without objection.

Councillors Murphy and Sullivan thanked all those present for their participation. The meeting was adjourned at six o’clock and forty-seven minutes p.m.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

Committee Report #10
The Ordinance Committee held a public hearing on Thurs, July 12, 2007 beginning at six o’clock and seventeen minutes P. M. in the Sullivan Chamber. The meeting was held for the purpose of continuing to consider a proposed amendment to the Noise Ordinance to regulate leaf blowers.

Present at the hearing were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee, Mayor Kenneth Reeves, Vice Mayor Timothy Toomey, Jr., Councillor Henrietta Davis, and City Clerk D. Margaret Drury. Also present were Deputy City Manager Richard Rossi, First Assistant City Solicitor Arthur Goldberg, Elizabeth Lint, Executive Officer of the License Commission, Lisa Peterson, Commissioner of Public Works and Nancy Schlacter, Assistant to the City Manager.

Councillor Sullivan opened the hearing and explained the purpose. He invited Mr. Rossi to make a presentation. Mr. Rossi described the process of the appointment of the Leaf Blowers Advisory Committee pursuant to an order of the City Council, and the meetings of the Committee that resulted in the proposed ordinance. The proposed ordinance does not ban all leaf blowers; it sets noise and emission standards and bans leaf blowers that do not meet the standards. Mr. Rossi said that the administrative staff will need time to implement the provisions of the ordinance if the City Council enacts it.

Councillor Davis asked about the restriction on times when leaf blowers can be used and why don’t the restrictions match the Noise Ordinance construction time restrictions. Mr. Rossi said that the recommendation is based on leaf blowers being comparable to lawn mowers.

Councillor Davis asked what is better with this than the current ordinance. Mr. Rossi said that the key feature is the restriction of noise to 65 decibels or less. There is also a limit on the number of leaf blowers per property. The committee spent a lot of time discussing the time restrictions. They were trying to consider average homeowners, but the proposed ordinance is only a recommendation to which the City Council can make changes.

Councillor Davis asked if there are different rules for homeowners doing their own construction as opposed to commercial contractors doing construction. Mr. Rossi said there are not.

Councillor Davis asked if it would be possible to set different standards for commercial landscapers doing work on a homeowner’s property and for homeowners doing their yard work. She requested that the staff provide an answer to this question before the City Council considers final adoption.

Commissioner Peterson said that another key difference in this ordinance is the requirement for training. The proposed ordinance has a training component for commercial and institutional users.

Councillor Sullivan then invited public comment.

Kathy Podgers, Pearl Street, stated that she agrees with the proposed changes. She was at Dana Park yesterday and two leaf blowers were operating. It was difficult to hear over them. After the workers cut the grass, they blew the debris from the sidewalk onto the grass. Even after they left, you could see the dust still lying there. The real problem she has with leaf blowers is that idea of stirring up all the dust and then just leaving it here. Vacuum cleaners would be better. She suggested using student crews.

Jonathan Cole, 15 Hemlock Road, stated that he would like to see more distinction between homeowners and commercial operations. He also would like to know what the cost impact would be.

Stephen Tournas-Mardt, 38 Middlesex Street, said that he recently moved from Washington, D.C. to Cambridge. He submitted material for the record (Attachment A). He said that the typical two-cycle gas powered blower emits as much pollution as 80 new cars. He recommended banning gas-powered blowers. This has been done in several cities in California. Others have compromised to ban them from residential areas. The City of Berkeley offered an exchange of gas for electric blowers. This proposed ordinance does not really address the issue of noise or pollution.

Megan Brook, Inman Street, criticized the inclusion of "foxes" in a committee to protect "hens". Dr. Jo Solet should have been appointed to the committee. This proposal is widely flawed. It contradicts commission goals in three ways:
1. Plain Facts: Leaf blowers are a superfluous tool used in place of rakes.
2. Symbolic: If we cannot ban leaf blowers, what chance is there for the next, bigger steps?
3. Unintended Consequences: How can we encourage line drying of clothes when leaf blowers are allowed?

She submitted a written copy of her testimony (Attachment B).

Dr. Jo Solet, 15 Berkeley Street, stated that she is over 60 years old, she has had back surgery and she does her own gardening. The letter from the City Manager has no supporting data for the claim that it will cost 3-5 times as much for the City landscaping if leaf blowers are banned. Dr. Solet said that the current proposal is slightly different from the voluntary agreement of November 2005. The main difference is that there are more concessions to large landscapers. Noise is a form of air pollution. She read from the Code of Mass Regulations 310 CMR 709, the state regulations on noise. She noted that the ANSl Standards are not attached to the proposed ordinance. The items allowed are even more lenient than the November 2005 agreement. Regarding the proposal to allow one leaf blower per 10,000 square feet or less, she asked what other equipment will be used at the same time. Regarding the certification proposal, she said that the training plan is hopeless. She asked what language it will be given in to the workers, because the workers do not speak English. Dr. Solet said that she could understand possibly allowing the use of leaf blowers two weeks per year for spring and fall cleaning. She submitted written testimony and other material for the record (Attachment C).

Pat Curran, 7 Broadway Terrace, described a leaf blower that was blowing street debris on her block. These machines are causing actual health effects that cannot be ignored anymore. Once again the people perpetrating the noise are getting the better end of the stick. This ordinance is as unenforceable as the Noise Ordinance.

Lillian Greeley, 4 University Road, said that there should not be any blowers that are not contained in their noise. The T has a law against radios being controlled; now there are MP30s and I pods that contain all the noise within.

Kari Keulzer, Bolton Street, stated that she is a member of the Leaf Blower Advisory Committee and a Cambridge Citizen. She said that she came onto the task force because of her frustration with a neighbor who was blowing nothing back and forth. During the Committee’s review, they heard demonstrations of quieter blowers. She said that she actually stood there and listened to the difference, and there really is a difference. The low emission, low decibel blowers were much quieter. The electric blowers were not any less noisy. She emphasized that other cities have found that bans were not necessarily enforceable. She came from Los Angeles, a city that actually had a ban, and leaf blowers regularly bothered her. The Committee researched a lot of cities and found many instances of bans that did not work. Ms. Keuzler said that she believes that a new ordinance could curtail the hours of operation more than the current proposal provides. She would also support specifying more details with regard to training. The ordinance should specify what constitutes "proper use." Ms. Keuzler raised a question about two separate but adjacent properties that when combined add up to 10,000 square feet for example, two 5,000 square foot yards. Do they each get to use a leaf blower at the same time? She added that the City Council has to be aware that the population of Cambridge has changed. The structure that was formerly a three-family house owned by one owner is now three condos, hiring a gardener with a leaf blower.

Councillor Sullivan asked the staff to provide ways to distinguish between homeowners doing their own yards and commercial concerns hired to do residential yards. He said he did not see why there was no ban on Sundays. He added that this wording almost encourages commercial gardens to do the leaf blowing on Sundays. Councillor Sullivan requested a report back on this matter.

Councillor Davis said that Section 3(c) makes an exception for individual residential property owners in the area of training. She suggest treating the hours of use for homeowners the same way. She also said that the ordinance needs to say what distance the decibel level reading applies to. Ms. Schlacter said that figure is in the ANSI Standards, which is specified by the ordinance. All new leaf blowers are rated by ANSI Standards.

Councillor Davis asked about the emission standards. Nancy Schlacter said that she was informed by a leaf blower sales representative that equipment that meets ANSI Standard also meets the EPA Standard. Mr. Rossi said that his staff will get clarification on this issue.

Councillor Murphy said that as he reads the ordinance, it does not apply to electric leaf blowers. Mr. Rossi said he believed all were included. They need to look at the language to be sure. Councillor Murphy also asked about worker safety with regard to earplugs etc. Ms. Schlacter said this is part of the training requirement. There are training videos available in English and Spanish. Councillor Murphy said that at least with regard to contractors with whom the City contracts the City may want to require state of the art worker protection.

Councillor Murphy also asked about fines. Ms. Schlacter said that the proposed leaf blower ordinance is part of the Noise Ordinance, which specifies fines for violations.

Councillor Davis emphasized that all leaf blowers, both electric and gas, must be covered.

Councillor Sullivan informed the committee that Councillor Kelley has sent an e-mail communication stating that he could not be present for the hearing and expressing his concern about the proposed ordinance (Attachment D).

Councillor Murphy noted that Arthur Goldberg, First Assistant City Solicitor, has provided an amendment to correct the reference to ANSI in Section 8.16.081. (2)(a) to read "…presently adopted as ANSI B-175.2-2000] 2.3, Category I, as may be amended."

Councillor Murphy moved that the proposed ordinance be forwarded to the full City Council with the amendment to Section 8.16.081 (2) (a). The motion passed on a voice vote without objection. An order listing the information requested in this hearing is attached.

Councillors Brian Murphy and Michael A. Sullivan thanked all those present for their participation. The meeting was adjourned at seven o’clock and thirty-five minutes p.m.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

Proposed Order
ORDERED: That the City Manager be and hereby is requested to provide the following information to the City Council to assist its considerations on the proposed leaf blower amendment to the Noise Ordinance:
* Language to clarify that all leaf blowers, gas- and electric-powered, are subject to the ordinance.
* Language that would enable homeowners doing their own yard work to use leaf blowers on Sundays and for longer hours during the week, but would not apply to commercial landscapers, gardeners or other yard workers working on residential property other than their own.
* Information as to whether the ANSI standards incorporate EPA emission standards.
* Language to require that landscapers contracting with the City of Cambridge provide state-of-the-art safety protection for their workers using leaf blowers.

PROPOSED AMENDMENT
A new Section 8.16.081 entitled Leaf Blowers shall be added to Chapter 8.16:

8.16.081 Leaf Blowers

The use of leaf blowers shall be regulated as follows:

1. Definition of leaf blower. Leaf blowers are defined as portable, hand held or back pack style power equipment that is powered by fuel and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other litter or debris.

2. Limitations on use.

a. All leaf blowers shall meet emissions standards of the United States Environmental Protection Agency and noise level standards developed under the supervision of the American National Standards Institute’s ("ANSI") "Committee for Sound Level Labeling Standard for Hand Held and Back Pack Gasoline Powered Blowers" presently adopted as ANSI B-175.2, as may be amended.

b. Each individual leaf blower shall be tested and certified for use by the License Commission or its designated representative. Each individual leaf blower shall bear a required sticker permit issued by the License Commission in a visible location on the equipment prior to use and at all times during use. A fee for the License Commission to recover all costs connected with equipment permits shall be charged in an amount set by the License Commission and approved by the City Manager.

c. The use of leaf blowers is prohibited except between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Fridays and between 8:00 a.m. and 5:00 p.m. on Saturdays, Sundays and Holidays.

d. Leaf blower operations shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, or lot upon which the leaf blower is being operated. Litter or debris shall not be blown, swept or raked onto or into an adjacent street, gutter or catch basin or onto vehicles, persons or pets. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersement by wind, vandalism or similar means.

e. On parcels of 10,000 square feet or less, only one leaf blower at a time may be used, and on parcels larger than 10,000 square feet, only one leaf blower may be used within each 10,000 square foot area.

3. Education and Certification.

a. Each leaf blower operator, or in the case of a company, the company’s owner or his or her representative is required to complete not less than one training session of content and time approved by the License Commission prior to operation of leaf blower equipment. Training and qualification shall be required for certification, which shall be required by the License Commission at least every two years for each operator or company.

b. The leaf blower operator or company shall maintain certification of the training and qualification at all times during equipment use and make it available upon demand. Failure to abide by the use requirements contained in this Ordinance and/or the certification training provided will be cause for the License Commission to revoke such certification.

c. Exception: An individual residential property occupant operating a single leaf blower himself or herself in a manner confined to his or her own property shall be exempted from the education and certification requirements set forth in this subsection.

4. Fees. A fee for the City to recover all costs connected with training, testing, certification and enforcement shall be charged in an amount set by the License Commission and approved by the City Manager.

5. Regulation. The License Commission shall have the authority to promulgate regulations to implement and enforce any of the provisions of this Ordinance.

6. Severability. The provisions of this Chapter are severable. If any section, provision or portion of this Chapter is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this Chapter shall continue to be valid.

7. Effective Date. The provisions of this Ordinance shall be effective commencing on Mar 1, 2008.

ATTACHMENT B
Dear Ms. Drury,
Dr. Solet thought you might find it helpful if I sent you the text of the remarks which I made to the Ordinance Committee earlier today, so I am forwarding them to you.
Thank you for all your good work.
Megan Brook, 103 Inman St.

To the Ordinance Committee:

Some concerned citizens are here to assist your consideration of the proposals of the Task Force on leaf blowers. Many who might be here, if this hearing had been scheduled not to conflict with summer breaks and vacations, are relying on you to listen closely to us.

Councillors, if you were assembling a task force to review the procedures for the best protection of hens, you would not include any foxes at all. You would include foxes only if your intent was to protect the interests of foxes.

At least one very accomplished and credentialed member of our community, Dr. Jo Solet, was refused a position on the task force, and despite her expertise in acoustics and in health, your rules will not permit her to engage in any back-and-forth communication with you here. These rules prohibit the best use of the considerable knowledge and deep concern to be found in the population of Cambridge in the formulation of public policy.

Manager Healy chose his task force to accommodate the preferences of the bureaucracy and of the contractors who work for the City, and he sees nothing wrong with his approach. But you must, if you are responsive to the needs of the citizens. You must not regard this proposal as a fait accompli.

The proposal is wildly flawed, and so is Mr. Healy’s reasoning in its favor. I wish to address its general contradictions to the City’s stated goals on carbon emissions. Other speakers will point out how it runs contrary to existing law, how the people have not been told from what distance the 65 decibels are measured, when our homes are so close together here in Cambridge, and so forth.

The City agency working on the laudable emissions goals ignores leaf blowers. It concentrates on the bigger emissions numbers attached to vehicles and buildings. In doing so it discounts the human element -- always a mistake in making policy. You can correct this error by banning leaf blowers from Cambridge.

I say that this proposal contradicts our emissions goals in three ways: the plain facts; the symbolic weight; and the unintended consequences.

Take plain facts first. Even if leaf blowers use relatively little fuel, they use fuel when none is needed, because they are a superfluous tool used in place of rakes and brooms. Any unnecessary use is going to prove our undoing, Councillors; our future looks dire, and the goals of the City, though wonderful compared to the poor performance of the Bush administration, are neither strong enough nor likely to be met. We have to do better. To do better, we must live more examined lives. leaf blowers will never bear much examination.

As a symbol of profligate waste of resources and pointless pollution by emissions and by dust, leaf blowers have few equals. For this reason alone, they should be banned here as they have been elsewhere. The people will say, If we can’t ban leaf blowers, what hope is there that we can control our appetites and selfish habits for the sake of our common environment?

Recent comments in the Boston Globe about the benefits of line-drying clothes illustrate what I mean by unintended consequences. Enormous quantities of carbon fuels are consumed by clothes dryers; how can we encourage people to use clothes lines at least some of the time? Certainly NOT by filling our air with the egregious quantities of dust raised by leaf blowers!

Air conditioners consume enormous amounts of energy. Time was, New Englanders scorned air conditioners; now, their use is more common than not. Yet, some people hold out, and others would like to get rid of their units, if only it was not so very unpleasant or unhealthy to have the windows open! Landscaping equipment is a big offender here, folks. Leafblowers in particular are so noisy, noisier than almost anything else on the charts; and again, they raise more dust, more needlessly, than any other equipment. Once you force your neighbor to resort to air conditioning because of the noise and dust you have forced onto his property against his will, his other neighbors will resort to air conditioning too, because otherwise they have to listen to his AC units humming all night. Pretty soon the entire city depends on heavy objects installed in windows from May to October to keep homes tolerably cool, no matter how pleasant the weather. Of course, AC pumps out heat, making the city hotter, making them run more, making it hotter, and, you get my point, I hope.

Manager Healy does a fine job at business-as-usual. I fear he is not so well qualified to bring fresh thinking to bear on such matters as this. You do’nt have to accept the proposal his task force has come up with, because he answers to you, not you to him. We are depending on your good judgment to reject this proposed amendment, and to vote to recommend a ban.

Thank you.

ATTACHMENT C
Solet, July 2007
Exegesis of 8.16.081 Leaf Blowers

1. Definition: Excludes electric blowers which are noisy and raise dust. Electric blowers should be subject to same restrictions.

2. Limitations:

a. ANSI guidelines neither spelled out nor available at hearing. Asst City manager Rossi could not describe! If ANSI guidelines are so important please apply to ALL landscaping equipment?

b Sticker program impossible to monitor/enforce. Should citizen approach non-English speaking worker while equipment is blasting and ask to see sticker?? Should they call police or License Commission? No fee schedule presented.

c. Stunning extension of hours of usage. Voluntary city agreement in place since Nov 2005 prevented leaf blower use before 8AM. Noise ordinance places evening limits at 6pm and moves from 60 to 50 decibel allowance limit. This proposal moves weekday use to 7AM to 7PM. Sunday and holidays now added!

d. Probably impossible to use this equipment in a way that does not produce the here forbidden disbursements.

e. Even when only 1 blower used multiple other pieces of equipment can be used at the same time. Multiple landscapers can work on adjacent properties even from the same company so several blowers can in fact be at use together.

3. Education and Certification

a. Expensive training program that must address multiple languages and constant turnover. It allows owner or rep to be trained though they do not do the work and may not even speak the same language as the workers or ever be on site to supervise. "NO blowers" is much simpler to understand and enforce.

b. This is a paltry punishment. Why no heavy fees levied on company owner? Why no revocation of license to work in Cambridge? Disincentives are weak.

c. Exception: Individual occupants here permitted to make as much noise or emissions as they want! ALL equipment should be brought into compliance. How does this work for on site home or condo building staff or caretakers? Are they exempted like Harry the homeowner?

4. Severability. If parts of this poorly thought out plan are found to be illegal they will persist with the others. Maybe we can just put stickers on the people!

Solet, July 12, 2007
Noise and Dust: Relevant Laws

So let me offer you some brief guidelines on relevant laws:

From state DEP regarding Public Health, under authority of 310 CMR 7.52:

Noise is defined as sound of sufficient intensity and or duration as to cause or contribute to a condition of air pollution

Air Pollution means the presence in the ambient air space of one or more air contaminants or combination thereof in such concentrations and of such duration as to:

A - cause a nuisance

B - be injurious or be on the basis of current information potentially injurious to human or animal life to vegetation or to property

C - unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business

Note 310 CMR 7.09 applies to dust production:

No person having control of any dust or odor generating operations…..shall permit emissions therefrom which cause or contribute to a condition of air pollution

Note 310 CMR 7.10 exempts only "residential lawn and garden equipment" by which it means Harry the homeowner mowing his lawn... The City, Harvard, and MIT properties are NOT residences and the equipment used to service them by Cambridge Landscape and others is commercial. Therefore commercial equipment and not just blowers ALREADY by law cannot exceed ambient noise levels by more than 10 decibels as taken both from both the property line and the nearest inhabited residence.

G L c 111 Section 31C gives authority to the Board of Health to regulate dusts which "constitute a nuisance, a danger to the public health, or impair the public comfort or convenience."

Committee Report #11
The Ordinance Committee held a public hearing on July 12, 2007 beginning at five o’clock and thirty minutes P. M. in the Sullivan Chamber. The purpose of the hearing was to consider a proposed amendment to Title 5 of the Municipal Code to provide protection for existing workers when the hotel’s ownership is transferred (Attachment A). Present at the hearing were Councillor Michael A. Sullivan and Councillor Brian Murphy, Co-Chairs of the Committee, and City Clerk D. Margaret Drury.

Councillor Sullivan opened the hearing and stated the purpose for which the hearing was called. He announced that since none of the petitioners was there to present the petition, it would be held in committee, and another hearing date would be scheduled. He invited anyone who wanted to present testimony on the proposal to do so.

Terrence F. Smith, Director of Government Affairs for the Cambridge Chamber of Commerce, submitted a letter on behalf of the Chamber (Attachment B), which he summarized in his oral testimony. He expressed the Chamber’s concern about the effects that such an ordinance would have on the hospitality industry in Cambridge and the state and on the Cambridge business climate.

Councillor Sullivan announced that Robyn Bell, Executive Director of the Office for Tourism had submitted a letter for the record (Attachment C).

The hearing was adjourned at five o’clock and fifty-two minutes P.M.

For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor Michael A. Sullivan, Co-Chair

AWAITING REPORT
Waiting since 2003:
03-63. Report from the City Manager:
RE: report on progress of open space acquisition in East Cambridge.
Remains on per Councillor Sullivan
Councillor Toomey and Full Membership 06/02/03 (O-14) [This has been awaiting a report for over 4 years now.]

03-82. Report from the City Manager:
RE: report on preparing a proposed ordinance creating a Department of Public Safety. Remains on per Councillor Sullivan
Mayor Sullivan and Full Membership 08/04/03 (O-4)

03-111. Report from the City Manager:
RE: report on efforts to coordinate with Harvard for the development of a shuttle service from the new Harvard/Pleasant Street housing area to Harvard Square. Remains on per Councillor Sullivan
Vice Mayor Davis and Full Membership 10/20/03 (O-16)

Waiting since 2005:
05-146. Report from the City Manager:
RE: report on NSTARS’s investment and infrastructure and its relation to the blackouts and power outages in Cambridge. Remains on per Councillors Kelley & Sullivan
Councillor Davis, Councillor Simmons and Full Membership 06/20/05 (O-5)

05-147. Report from the City Manager:
RE: report on the impact that energy conservation measures could have in preventing blackouts and power outages. Remains on per Councillor Kelley
Councillor Davis, Councillor Simmons and Full Membership 06/20/05 (O-6)

05-170. Report from the City Manager:
RE: report on an update on negotiations to implement a nighttime truck ban. Remains on per Councillors Kelley & Sullivan
Councillor Murphy and Full Membership 08/01/05 (O-58)

05-207. Report from the City Manager:
RE: report on options for sidewalks that are more practical than brick and more attractive than plain concrete.
Remains on per Councillors Kelley & Sullivan
Vice Mayor Decker and Full Membership 11/14/05 (O-6)

Waiting since 2006:
06-14. Report from the City Manager:
RE: report on creating a database that details how many residential parking stickers are associated with residential units broken down by number of bedrooms, affordability class, location and proximity to a Mass Transit nexus.
Councillor Kelley and Full Membership 01/30/06 (O-3)

06-71. Report from the City Manager:
RE: report on financial support to Homeowners Rehab, Inc to subsidize the creation and fitting out of retail and community space at Trolley Square.
Councillor Kelley, Councillor Sullivan and Full Membership 05/15/06 (O-5)

06-87. Report from the City Manager:
RE: report on putting the City’s self-evaluation under the ADA on the website.
Councillor Kelley, Councillor Sullivan, Councillor Simmons and Full Membership 06/05/06 (O-10)

06-107. Report from the City Manager:
RE: report on a one-year long visioning plan for the City’s youth centers.
Councillor Galluccio, Councillor Decker, Councillor Davis, Councillor Murphy, Councillor Simmons & Vice Mayor Toomey 06/12/06 (O-7)

06-118. Report from the City Manager:
RE: report on the formation of a committee to study the impact to Cambridge of the proposal to develop Allston by Harvard.
Councillor Sullivan, Councillor Kelley, Councillor Decker, Councillor Davis, Councillor Galluccio, Councillor Murphy, Mayor Reeves, Councillor Simmons & Vice Mayor Toomey 08/07/06 (O-1)

06-131. Report from the City Manager:
RE: report on monitoring the impact of the new Harvard Shaler Lane parking policy.
Councillor Davis, Councillor Galluccio, Councillor Kelley, Councillor Murphy, Mayor Reeves, Councillor Simmons, Councillor Sullivan & Vice Mayor Toomey 08/07/06 (O-37)

06-136. Report from the City Manager:
RE: report on developing a pilot program which utilizes a public/private partnership to employ residents.
Councillor Simmons, Councillor Davis, Councillor Galluccio, Councillor Kelley, Councillor Murphy, Mayor Reeves, Councillor Sullivan & Vice Mayor Toomey 08/07/06 (O-54)

06-150. Report from the City Manager:
RE: report on a policy that will result in road and sidewalk hazards being promptly and consistently marked by either City employees or private citizens.
Councillor Kelley and Full Membership 09/25/06 (O-19)

06-156. Report from the City Manager:
RE: report on standards angles for curb cuts, appropriate installation of curb cuts and oversight review of specifications for curb cuts.
Councillor Kelley 09/25/06 (O-37)

06-200. Report from the City Manager:
RE: report on current outreach and programs being offered to those who have recently been released from prison.
Councillor Decker and Full Membership 12/04/06 (O-14)

06-201. Report from the City Manager:
RE: report on highlighting the need to allow new municipal electric utilities on Massachusetts.
Councillor Sullivan and Full Membership 12/04/06 (O-17)

Waiting since earlier this year (2007):
07-03. Report from the City Manager:
RE: report on the feasibility of using an acoustic gunshot detection system.
Councillor Sullivan 01/08/07 (O-18)

07-07. Report from the City Manager:
RE: report on posting minutes of boards and commissions with names and addresses of members on the City’s website.
Councillor Kelley and Full Membership 01/22/07 (O-6)

07-08. Report from the City Manager:
RE: report on the status of appointing a special committee to study the impact of the Harvard-Allston campus.
Councillor Sullivan and Full Membership 01/22/07 (O-7)

07-09. Report from the City Manager:
RE: report on a plan to provide all members of boards and commissions with more in-depth training/orientation.
Councillor Simmons and Full Membership 01/22/07 (O-8)

07-16. Report from the City Manager:
RE: report on how the City collects personal data, how it is used and how staff is trained on protecting it from improper use.
Councillor Kelley and Full Membership 02/05/07 (O-23)

07-25. Report from the City Manager:
RE: report on the problem of the discharge of air pollutants from buildings and water heating systems at a level that is noticeable to the human nose at the property line.
Councillor Kelley 02/26/07 (O-9)

07-34. Report from the City Manager:
RE: report on feasibility of developing a Cambridge-based program similar to ONEin3Boston.
Councillor Kelley and Full Membership 03/05/07 (O-5)

07-35. Report from the City Manager:
RE: update on amendments to the Code to require vendors to have fair policies relating to CORI screening and establish CORI-related standards for the City similar to those adopted in Boston.
Mayor Reeves & Councillor Sullivan 03/19/07 (O-19)

07-37. Report from the City Manager:
RE: report on how claims of damages incurred as a result of an outflow break to homes in the Vassal Lane area are being handled.
Councillor Galluccio & Councillor Sullivan 03/19/07 (O-26)

07-43. Report from the City Manager: (response received July 30)
RE: report on evaluating the recent traffic and parking burden created by housing development in Cambridge in close proximity to mass transit.
Councillor Galluccio and Full Membership 04/09/07 (O-4)

07-44. Report from the City Manager:
RE: report on what resources CRLS offers to post-graduates for post high school educational programs, placement and transfers.
Councillor Galluccio and Full Membership 04/09/07 (O-5)

07-55. Report from the City Manager:
RE: report on issues with Clear Channel billboards.
Councillor Decker, Vice Mayor Toomey, Councillor Murphy, Councillor Sullivan, Councillor Davis, Councillor Galluccio, Mayor Reeves & Councillor Simmons 04/09/07 (O-35)

07-58. Report from the City Manager:
RE: report on wireless network atop Cambridge light poles - system known as CitySense.
Councillor Sullivan and Full Membership 04/23/07 (O-7)

07-59. Report from the City Manager: (response received July 30)
RE: report on "timebanking" for the delivery of services.
Councillor Davis and Full Membership 04/23/07 (O-17)

07-60. Report from the City Manager:
RE: report on research and development of a potential green zone policy for Cambridge.
Councillor Kelley & Councillor Galluccio 04/09/07 (O-31)

07-61. Report from the City Manager:
RE: report on the feasibility of putting utility lines under streets.
Councillor Kelley and Full Membership 04/30/07 (O-4)

07-62. Report from the City Manager: (response received July 30)
RE: report on banning disposable plastic bags at large retail stores and other measures to reduce use and increase recycling of plastic bags.
Councillor Davis and Full Membership 04/30/07 (O-7)

07-65. Report from the City Manager:
RE: report on estimated timeline with financial impacts of development delays with the North Point Project over the next five to ten years.
Councillor Galluccio & Councillor Sullivan 05/07/07 (O-8)

07-67. Report from the City Manager:
RE: report on the status of the Graham & Parks School building.
Councillor Davis and Full Membership 05/21/07 (O-7)

07-68. Report from the City Manager:
RE: report on the concerns of delivering and storing chemicals in the City.
Vice Mayor Toomey and Full Membership 05/21/07 (O-8)

07-70. Report from the City Manager:
RE: report on how to make Tyler court clearly defined as it crosses the Massachusetts Avenue sidewalk.
Councillor Kelley and Full Membership 05/21/07 (O-15)

07-76. Report from the City Manager: (response received July 30)
RE: report on the possibility of traffic calming measures on Tremont Street.
Councillor Murphy and Full Membership 06/11/07 (O-1)

07-77. Report from the City Manager: (response received July 30)
RE: report on an analysis of infill development.
Councillor Simmons and Full Membership 06/11/07 (O-4)

07-81. Report from the City Manager: (response received July 30)
RE: report on the level of policing and patrols on the Grand Junction Railroad.
Councillor Kelley and Full Membership 06/18/07 (O-15)

07-82. Report from the City Manager: (response received July 30)
RE: report on what the effects of a Residence C district for the area, delineated in the Cott Petition would be compared to Residence B or Residence C-1.
Councillor Davis 06/18/07 (O-23)

07-83. Report from the City Manager:
RE: report on the status of putting the City’s Self-Evaluation Plan on the website.
Councillor Kelley and Full Membership 06/18/07 (O-17)

07-84. Report from the City Manager: (response received July 30)
RE: report on requesting MIT and Harvard to share any data or results about the potential for local wind energy.
Councillor Davis and Full Membership 06/18/07 (O-12)

07-85. Report from the City Manager:
RE: report on whether units at 128 Pine Street and 400 Franklin Street will no longer be eligible for rental as Section 8 housing and ensuring that the tenants are provide with safe affordable housing and do not lose their homes and their Cambridge residency.
Councillor Simmons 06/18/07 (O-14)

07-86. Report from the City Manager:
RE: report on listing all special programs, exemptions and services offered by the City on the Commission for Persons with Disabilities website.
Councillor Kelley and Full Membership 06/18/07 (O-18)

07-87. Report from the City Manager:
RE: report on the feasibility of instituting a similar "Text a Tip" program in Cambridge.
Councillor Murphy and Full Membership 06/25/07 (O-2)

07-88. Report from the City Manager:
RE: report on update with a plan and timetable for implementing an Ordinance in Cambridge regarding its CORI policy.
Councillor Murphy, Councillor Sullivan, Councillor Davis, Councillor Simmons, Councillor Galluccio and Full Membership 06/25/07 (O-6)

07-89. Report from the City Manager:
RE: report on the feasibility of allotting a stipend to neighborhood associations for the purpose of outreach as it pertains to meetings and community events.
Councillor Simmons 06/25/07 (O-13)

07-90. Report from the City Manager:
RE: report on the possibility of a "green" cab program
Councillor Kelley 06/25/07 (O-18)