CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the votes necessary to seek the Massachusetts Department of Revenue approval for the tax rate for FY2008:
All appropriation orders adopted 8-0-1 [Galluccio ABSENT]

1. Appropriate $8,000,000 from Free Cash to the City Debt Stabilization Fund;

2. Authorize the further use of Free Cash of $17,000,000 to set the FY2008 tax rate as follows: Operating Budget $2,000,000; Public Investment $1,000,000; Tax Support Reduction $6,000,000; and Debt Stabilization Fund $8,000,000;

3. Authorize $2,000,000 in overly surplus/reserve be used for reducing the FY2008 tax levy;

4. Authorize $3,000,000 from the Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

5. Classify property into five classes;

6. Adopt a minimum residential factor of 57.35%

7. Approve the maximum residential exemption factor of 30% for owner-occupied homes;

8. Double the normal value of the statutory exemptions;

9. Increase the FY2008 exemption allowed under MGL Chapter 59, Section 5, Clause 17D from $251.00 to $262.00;

10. Increase the FY2008 asset limits allowed under MGL Chapter 59, Section 5, Clause 17E from $49,968 to $52,117;

11. Increase the FY2008 income and assets limits allowed under MGL Chapter 59, Section 5, Clause 41D, as follows: Income limits from $20,660 to $21,548 for single and $30,990 to $32,323 for married; and asset limits from $41,320 to $43,097 for single and $56,815 to $59,258 for married;

12. Increase the income limit for deferral of real estate taxes by elderly persons from $20,000 to $40,000; and

13. Vote to accept MGL Chapter 59, Section 51 which allows Mass National guardsmen and reservists deployed outside of the state, or their dependents, up to 180 days after that service to pay their property taxes without interest or penalties.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-16, regarding a report on who the City collects personal data and how it is used.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-106, regarding a report on using pavement markings that are less dangerous to cyclists and pedestrians.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 07-35 and 07-88, regarding CORI screening by vendors of the City of Cambridge.
Referred to Ordinance Committee

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-101, regarding a report on the feasibility of green roofs on municipal buildings and creating incentives for development of green roofs on private buildings.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 07-67 and 07-103, regarding the Graham & Parks School.

7. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the petition to rezone portions of the Residence C-1 zoning district to a Residence B zoning district in the Strawberry Hill neighborhood. [The Planning Board recommends adoption of the petition.]

8. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Green building petition to require future large development in the City to conform to the Leadership in Energy and Environmental Design (LEED) standards. [The Planning Board recommends that a task force be formed to further study the issue and determine the appropriate approach to meet the City Council’s goal of encouraging green development.]

9. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Petition to Create a New Section of the Zoning Ordinance Regulating Fences. [The Planning Board is not prepared to make a recommendation at this time. Should the Council wish to further deliberate on the issues raised by the Petition, the Planning Board is prepared to participate with other interested parties in efforts to develop a consensus set of provisions.]

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-25, regarding a 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.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-55, regarding a report on Clear Channel billboard permits.

[In response to Awaiting Report Item Number 07-55, regarding a report on Clear Channel billboard permits, City Solicitor Donald A. Drisdell reports the following:
By the above referenced Amended City Council Order, the Council asked, among other things, that the Law Department "draft an amendment to the Municipal Code to provide that failure to adequately maintain billboards after notice will result in permanent loss of permits." It is my opinion that the City lacks the authority to enact such a law. The City does not issue permits for existing billboards. The state Outdoor Advertising Board issues billboard permits under authority of G.L.c.93 and 711 CMR 3.00. The Outdoor Advertising Board renews existing billboard permits pursuant to 711 CMR 3.08. I believe the state’s comprehensive regulatory authority would preempt local attempts to regulate billboards out of existence. Also, as we saw in the City’s federal litigation against Ackerley Communications in the early 1990s, the City would face federal First Amendment free speech challenges if the City targeted only billboards for strict regulatory treatment, without applying the same treatment to similarly sized signs in the City not owned by Clear Channel—such as on-site signs of local businesses.]

CHARTER RIGHT
1. That the City Manager is requested to confer with Tom McNichol, President of the Charles River Clean Up Boat, and MIT to resolve the issue of the financial status of this organization. [Charter Right exercised by Vice Mayor Toomey on Order Number One of Sept 17, 2007.]  Tabled - Toomey

ON THE TABLE
2. 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.]

3. 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.]

4. 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.]

5. 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.]

6. 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. Motion to take from the Table failed 4-4-0-1 on Sept 17, 2007.]

7. A communication was received from Thomas Fowler-Finn, Superintendent of Schools, transmitting a copy of the annual Affirmative Action Report. [Placed on Table Communications and Reports from City Officers Number One of Sept 10, 2007 on the motion of Councillor Decker.]

8. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

9. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

10. That the Neighborhood and Long Term Planning Committee schedule a meeting to discuss with the new owners the impact on the 55 Magazine Street tenants of the recent sale of the building and their concern about their security as tenants and the new owners' plans for the building, especially any plans to convert the building to condominiums. [Charter Right exercised by Mayor Reeves on Order Number Forty-Seven of Sept 10, 2007. Placed on table on motion of Councillor Simmons on Sept 17, 2007.]

UNFINISHED BUSINESS
11. 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.]

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 July 12, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to regulate fences. The question comes on passing to be ordained on or after Aug 13, 2007. Petition expires Oct 10, 2007.

13. 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. The question comes on passing to be ordained on or after Aug 13, 2007.

APPLICATIONS AND PETITIONS
1. An application was received from Pappas Joes Pizzeria, requesting permission for a sandwich board sign in front of 49 Mount Auburn Street.

2. An application was received from Harvard Square Business Association, requesting permission for two temporary banners across Massachusetts Avenue at City Hall and JFK Street at Mount Auburn Street announcing Oktoberfest.

3. An application was received from Cross Eyed Bear Inc. d/b/a Kendall Kitchen, requesting permission for an awning at the premises numbered 201 Broadway. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

4. An application was received from Shalimar Inc., requesting permission for a sandwich board sign in front of 579 Massachusetts Avenue.

5. An application was received from Greek Corner Restaurant, requesting permission for a sandwich board sign and one table and two chairs for restaurant seating in front of 8 1/2 Elliot Street.

COMMUNICATIONS
1. A communication was received from the daughter of Dominic Carfagno, transmitting thanks for the kind expression of sympathy.

2. A communication was received from Gerald Bergman, regarding residents’ requests for information about solvents, chemicals, and gases being used at Idenix Pharmaceuticals at 60 Hampshire Street.  Referred to City Manager and Public Safety Committee - Simmons

3. Communications received from Kathy Podgers, regarding repairing and bringing sidewalks/walkways/curb ramps into compliance as ordered by the MAAB.

RESOLUTIONS
1. Resolution on the death of Specialist Marisol Heredia.   Councillor Decker
2. Resolution on the death of Private First Class Sammie Phillips.   Councillor Decker
3. Resolution on the death of Specialist Steven Elrod.   Councillor Decker
4. Resolution on the death of Lance Corporal Jon Hicks Jr.   Councillor Decker
5. Resolution on the death of Specialist Thomas Hilbert.   Councillor Decker
6. Resolution on the death of Specialist David Lane.   Councillor Decker
7. Resolution on the death of Lance Corporal Lance Clark.   Councillor Decker
8. Resolution on the death of Sergeant Michael Hardegree.   Councillor Decker
9. Resolution on the death of Specialist Jason Hernandez.   Councillor Decker
10. Resolution on the death of Corporal Christopher Poole Jr.   Councillor Decker
11. Resolution on the death of Private Randol Shelton.   Councillor Decker
12. Resolution on the death of Corporal Bryan Scripsick.   Councillor Decker
13. Resolution on the death of Corporal Ryan Woodward.   Councillor Decker
14. Resolution on the death of Corporal Carlos Gilorozco.   Councillor Decker
15. Resolution on the death of Specialist Ari Brown-Weeks.   Councillor Decker
16. Resolution on the death of Sergeant Nicholas Patterson.   Councillor Decker
17. Resolution on the death of Corporal Javier Paredes.   Councillor Decker
18. Resolution on the death of Sergeant Michael Yarbrough.   Councillor Decker
19. Resolution on the death of Staff Sergeant Yance Gray.   Councillor Decker
20. Resolution on the death of Staff Sergeant Courtney Hollinsworth.   Councillor Decker
21. Resolution on the death of Sergeant Joel Murray.   Councillor Decker
22. Resolution on the death of Specialist Keith Nurnberg.   Councillor Decker
23. Resolution on the death of Staff Sergeant John Stock.   Councillor Decker
24. Resolution on the death of Captain Drew Jensen.   Councillor Decker
25. Resolution on the death of Sergeant Alexander Gagalac.   Councillor Decker
26. Resolution on the death of Sergeant Omar Mora.   Councillor Decker
27. Resolution on the death of Sergeant Lee Wilson.   Councillor Decker

28. Resolution on the death of Joseph A. Brusch Jr.   Councillor Galluccio, Councillor Davis

29. Thanks to Philip Mangano for his vision, compassion and creativity in the development of the Multi-Service Center and his service to the citizens of Cambridge.   Mayor Reeves

30. Resolution on the death of Mary A. Walsh.   Councillor Galluccio

31. Welcome wishes to Matthew Tamiru Morris, son of Dianne Morris, to the City of Cambridge.   Vice Mayor Toomey

32. Happy 10th Anniversary wishes to The Cambridge Homes.   Mayor Reeves

33. Thanks to Albertine "Dora" Paul for her ten years of service at The Cambridge Homes.   Mayor Reeves

34. Thanks to Denise Simpson for her ten years of service at The Cambridge Homes.   Mayor Reeves

35. Thanks to Abdelkader Derkaoui for his ten years of service at The Cambridge Homes.   Mayor Reeves

36. Happy 100th Birthday wishes to Mary Conceison.   Mayor Reeves

37. Happy Birthday wishes to Marvin Gilmore.   Mayor Reeves

41. Resolution on the death of Maeve E. Goulding.   Mayor Reeves, Councillor Maher

42. Resolution on the death of Glenn Williams.   Mayor Reeves

45. Best wishes to the Cambridge Housing Assistance Fund on its 9th Annual Benefit Concert for the Homeless on Sept 28, 2007 at 8:00pm.   Mayor Reeves

46. Congratulations to Sergeant John M. Lopes on his recent promotion.   Mayor Reeves

47. Congratulations to Sergeant Stephen G. Sennott on his recent promotion.   Mayor Reeves

48. Congratulations to Sergeant Sean C. Peterson on his recent promotion.   Mayor Reeves

49. Congratulations to Lieutenant Leonard J. DiPietro on his recent promotion.   Mayor Reeves

50. Resolution on the death of Andrew Thomas Haddock.   Councillor Maher

51. Congratulations to Alice Walker on receiving the Bishop Romero Award from Centro Presente.   Councillor Simmons

ORDERS
1. That the City Manager is requested to ensure that the upcoming School Committee/City Council roundtable be televised, webcast and placed in the on-line archive to help facilitate greater public involvement in school and City issues.   Councillor Kelley  Amended

2. That the City Manager is requested to ensure that the upcoming Neighborhood Safety Task Force's public meeting be televised, web cast and placed in the on-line archive to help facilitate greater public involvement in public safety issues.   Councillor Kelley

3. That the City Council requests the City Clerk to draft an amendment to the City Council Rules that would allow any member of the public to speak for up to three minutes on any item on the City Council's agenda, to include Awaiting Report Items and Consent Communications.   Councillor Kelley  Referred to Gov't Operations and Rules Committee - Toomey

4. That the Cambridge City Council oppose casino building in Massachusetts because of its negative impacts on host communities and the most vulnerable members of our population   Councillor Kelley  Amended

5. That the City Manager is requested to report back to the City Council on the number of liquor license expansion requests and number of expansion granted in 2005, 2006 and 2007, to include expanded hours, expanded seating or the granting of new licenses in a capped area.   Councillor Kelley  Amended

Amended version
5. That the City Manager is requested to confer with the Chairman of the License Commission to report back to the City Council on the number of noise and nuisance complaints that have been made over the past two years, with particular attention to complaints against establishments which have had expansions in hours and seats and in areas where additional new licenses have been granted in a capped area.   Councillor Kelley, Councillor Davis, Councillor Maher and Councillor Simmons

6. That the City Manager is requested to confer with the appropriate departments to discuss the feasibility of installing a bicycle rack behind City Hall and at the Pearl Street entrance to the Central Square Library so that bikers will have more options on where to lock their bikes in Central Square.   Councillor Decker  Amended

7. That the City Manager is requested to confer with relevant City staff and representatives of the Cambridge Housing Authority (CHA) and other large landlords to determine the impact of Boston Housing Authority versus Garcia on Cambridge Housing Authority's ability to manage and evict problematic tenants and encourage CHA staff and the staff of other large landlords to aggressively participate in all discussions and public meetings where crime is a subject and notification of said meetings.   Councillor Kelley

8. That the City Manager is requested to report back to the City Council on how Cambridge is participating in the Storrow Drive tunnel reconstruction/replacement project planning process, what impacts from the tunnel project are likely to be felt in Cambridge and how Cambridge will mitigate those impacts as effectively as possible.   Councillor Kelley

9. That the City Manager is requested to provide a report back to the City Council at his earliest opportunity, even if it is before a regularly scheduled City Council meeting, on the City's efforts to control mosquito-borne hazards.   Councillor Kelley

10. That the City Manager be and hereby is requested to contact the entity that owns the park in the North Point area to determine when it will be available to the public and report back to the City Council on this matter.   Councillor Maher

11. That the Election Commission post the official candidates for City Council and School Committee on the City website.   Councillor Davis

12. That the City Manager is requested to confer with the Director of the Traffic, Parking and Transportation Department with the view of developing some sort of exemption or permit system for neighborhood residents to allow them to continue to utilize the spaces underneath the Harvard Square Hotel for overnight parking after 6:00 p.m. without charge.   Councillor Maher and Vice Mayor Toomey

13. That the City Manager is requested to urge the Cambridge Legislative Delegation to assure that work goes forward at Magazine Beach according to the current timeline.   Councillor Davis

14. That the City Manager is requested to confer with the appropriate departments on how much notification small businesses are being given for non-emergency work being done on their street and if there is no such notification plan, that one be drafted immediately.   Councillor Decker

15. That the City Manager is requested to confer with the Cambridge Housing Authority on whether the Daniel F. Burns elderly housing complex is being sold.   Councillor Decker

16. That the City Manager is requested to confer with the appropriate departments to investigate the possibility of implementing traffic calming measures on Churchill Avenue near Massachusetts Avenue.   Councillor Decker

17. That the City Manager is requested to direct the Department of Public Works to immediately address the serious odors from the sewer near the Midwest Restaurant on Cambridge Street.   Mayor Reeves

18. Dedication of a suitable location in honor of Thomas Cogwell.   Councillor Simmons

19. That the City Manager is requested to confer with the City Electrician to determine how additional lighting outside of the Frisoli Youth Center along Willow Street can be improved to create a safer atmosphere.   Vice Mayor Toomey

20. Dedication of an appropriate site in honor of Joseph Brusch Jr.   Councillor Davis

21. That the Health and Environment Committee hold a hearing regarding the placement of billboards in the City and whether they should continue to be permitted due to poor maintenance and safety concerns.   Councillor Decker  Charter Right - Toomey

22. That the City Manager is requested to confer with the Department of Traffic and Parking to investigate the possibility of placing a four-way Stop sign at the corner of Fifth and Otis Streets which has been the site of several serious accidents.   Councillor Maher

23. That the City Manager is requested to confer with the City Solicitor and the Community Development Department with regard to how to regulate the emergency proliferation of surface mounted advertising signs on the sides of buildings.   Councillor Davis and Councillor Simmons

24. That the City Council requests that the Mayor reach out to the Mayor of Malden, express our congratulations on the town's anniversary and discuss with him the possibility of moving the time of the football game on Oct 6, 2007.   Councillor Murphy

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 5, 2007 for the purpose of considering a petition filed by the Planning Board to re-zone portions of the Residence C-1 zoning district to a Residence B district in the Strawberry Hill Neighborhood along Cushing Street between St. Sauveur Court and Thingvilla Avenue, in the area of Oxford and Fairview Avenue, and the corner of Huron Avenue and Cushing Street.
Passed to 2nd Reading

HEARING SCHEDULE
Mon, Sept 24
5:30pm   Regular City Council Meeting  (Sullivan Chamber)
6:30pm   The City Council will conduct a public hearing to discuss the property tax rate classification.  (Sullivan Chamber)

Wed, Sept 26
10:00am   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss issues of safety and resources as it pertains to housing, buildings and neighborhoods.  (Sullivan Chamber)

Mon, Oct 1
6:00pm   Roundtable Meeting with the School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Barker Center,12 Quincy St,1^st Floor)

Wed, Oct 3
5:00pm   The Ordinance Committee will conduct a public hearing to consider proposed amendments to the Cambridge Municipal Code Chapter 2.125 entitled" Cambridge Gay, Lesbian, Bisexual and Transgender (GLBT) Commission.  (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   Regular City Council Meeting  (Sullivan Chamber)

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

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1     Sept 24, 2007  Amended
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to ensure that the upcoming School Committee/City Council roundtable be televised, webcast and placed in the on-line archive to help facilitate greater public involvement in school and City issues.

O-1 AMENDED ORDER     September 24, 2007
COUNCILLOR KELLEY, COUNCILLOR DAVIS, COUNCILLOR MURPHY, COUNCILLOR SIMMONS, VICE MAYOR TOOMEY
ORDERED: That the roundtable meeting between the City Council and the School Committee scheduled for October 1, 2007 be allowed to proceed in accord with City Council Rule 23B, which provides that roundtable meetings are not televised; and be it further
ORDERED: That the issue of whether roundtable meetings between the City Council and School Committee should be televised in the future referred to the Government Operations and Rules Committee.

O-2     Sept 24, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to ensure that the upcoming Neighborhood Safety Task Force's public meeting be televised, web cast and placed in the on-line archive to help facilitate greater public involvement in public safety issues.

O-3     Sept 24, 2007
COUNCILLOR KELLEY
WHEREAS: It is difficult for the general public to bring matters before the City Council if they are not allowed to speak on items from the Consent Agenda; and
WHEREAS: It is important for City Councillors, City officials and the general public to hear from members of the public in as many venues as possible; and
WHEREAS: The role of the City Council should be one that encourages and facilitates public discourse; now therefore be it
ORDERED: That the City Council requests the City Clerk to draft an amendment to the City Council Rules that would allow any member of the public to speak for up to three minutes on any item on the City Council's agenda, to include Awaiting Report Items and Consent Communications.
REFERRED TO GOVERNMENT OPERATIONS AND RULES COMMITTEE ON MOTION OF VICE MAYOR TOOMEY

O-4     Sept 24, 2007  Amended
COUNCILLOR KELLEY
WHEREAS: Massachusetts is considering allowing casinos to be built in the state; and
WHEREAS: Casinos, while viewed as potential funding streams by some, frequently create major negative impacts on the host communities; and
WHEREAS: Gambling is, for many, an addictive and destructive behavior; and
WHEREAS: Many people who gamble at casinos do so, and will continue to do so, despite being unable to afford their losses; and
WHEREAS: Casinos primarily generate funds for their investors, many of which are either out of state or even out of the country; now therefore be it
RESOLVED: That the Cambridge City Council go on record opposing casino building in Massachusetts because of its negative impacts on host communities and the most vulnerable members of our population; and be it further
RESOLVED: That the City Clerk be and hereby is requested to prepare a suitably engrossed copy of this resolution to Governor Patrick and the Cambridge Legislative Delegation on behalf of the entire City Council.

O-4 AMENDED ORDER     September 24, 2007
COUNCILLOR KELLEY [Actually introduced by Councillor Murphy as a substitute]
WHEREAS: Governor Deval Patrick has proposed a comprehensive plan for three destination resort casinos in Massachusetts, with new revenue dedicated to property tax credits, addressing neglected roads and bridges, and mitigation of the economic and social costs of the plan; and
WHEREAS: Governor Patrick has projected that the plan will create 20,000 permanent new jobs, over $500 million in ten-year license fees, $2 billion in yearly gross revenue, and over $400 million yearly in additional money that the state can use for the property tax credit and transportation infrastructure programs; and
WHEREAS: There are significant social costs to gambling, acknowledged by the Governor and arising from the risk of addictive, excessive gambling by those who can least afford it; and
WHEREAS: The Legislature is scheduling a series of public hearings to evaluate the resort casino proposal; now therefore be it
WHEREAS: That the Cambridge City Council urges the Legislature to engage in tough, open-minded scrutiny of the proposal, with particular attention to the following key questions:

*What proportion of the new jobs and new revenue will result from a transfer of jobs and revenue from existing businesses, particularly with respect to the resort casino targeted for the metropolitan Boston area which already has a mature economy?

*With reference to the experience of other jurisdictions, what will be the economic impact on communities near destination resort casinos, including drain on municipal services and replacement of existing economic development with resort casinos?

*Can the Commonwealth's needs to increase funding for property tax relief, transportation improvements, education and municipal services be fully met by other proposals already under consideration, including closing corporate tax loopholes, local option taxes, eliminating the telecommunications tax exemption, and raising the gas tax?

*If the Commonwealth's funding needs cannot be met by current proposals, are there alternatives to resort casinos that should be considered, such as changes in the income tax structure?

*Are there sufficient votes in the legislature for other proposals to meet the Commonwealth's increased funding needs?

*How many additional compulsive gamblers will be created by making casinos more readily available to Commonwealth residents, how will this increase affect our communities (including Cambridge) and is the Governor's proposed Public Health Trust Fund and the programs it will support sufficient mitigation for these social costs?

and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Governor Patrick and the Cambridge Legislative Delegation.

O-5     Sept 24, 2007  Amended
COUNCILLOR KELLEY
WHEREAS: Cambridge has had a liquor license cap for many years; and
WHEREAS: This cap has had a variety of consequences on the market for providing alcohol in Cambridge; and
WHEREAS: Many establishments have sought extensions to their expansion of their existing licenses; and
WHEREAS: The competitive edge given to an establishment that has an expanded license puts other, less expanded establishments at a disadvantage; and
WHEREAS: The License Commission is frequently asked to, and often grants, liquor expansion requests; and
WHEREAS: The City Council is concerned with the equity issues involved in having some licenses granted expansion and other licenses denied expansion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the number of liquor license expansion requests and number of expansions granted in 2005, 2006 and 2007, to include expanded hours, expanded seating or the granting of new licenses in a capped area.

O-5 AMENDED ORDER     September 24, 2007
COUNCILLOR KELLEY, COUNCILLOR DAVIS, COUNCILLOR MAHER, COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Chairman of the License Commission to report back to the City Council on the number of noise and nuisance complaints that have been made over the past two years, with particular attention to complaints against establishments which have had expansions in hours and seats and in areas where additional new licenses have been granted in a capped area.

O-6     Sept 24, 2007  Amended
COUNCILLOR DECKER
ORDERED: Some bicyclers have been forced to illegally chain their bicycles to telephone poles, bus stop signs, and other poles near City Hall because there are not enough bicycle racks in the area; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of installing a bicycle rack behind City Hall so that bikers will have more options on where to lock their bikes in Central Square.

O-6 AMENDED ORDER     September 24, 2007
COUNCILLOR DECKER, COUNCILLOR DAVIS, COUNCILLOR KELLEY, COUNCILLOR MAHER, COUNCILLOR MURPHY, MAYOR REEVES, COUNCILLOR SIMMONS, VICE MAYOR TOOMEY
ORDERED: Some bicyclers have been forced to illegally chain their bicycles to telephone poles, bus stop signs, and other poles near City Hall because there are not enough bicycle racks in the area; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of installing a bicycle rack behind City Hall and at the Pearl Street entrance to the Central Square Library so that bikers will have more options on where to lock their bikes in Central Square.

O-7     Sept 24, 2007  Referred to Housing Committee - Decker
COUNCILLOR KELLEY
WHEREAS: Problematic behavior by some tenants, visitors or trespassers in Cambridge Housing Authority (CHA) and other larger-scale housing developments has led to some concerns about safety by both CHA residents and neighbors; and
WHEREAS: It is unclear to the public how aggressive CHA and other landlords can be, or are, in using evictions as a tool to manage this problematic behavior; and
WHEREAS: The City has engaged in a several month long discussion on overall public safety within the City; and
WHEREAS: The CHA and other large landlords were not a strong presence in this public safety discussion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff and representatives of the Cambridge Housing Authority (CHA) and other large landlords to determine the impact of Boston Housing Authority versus Garcia on Cambridge Housing Authority's ability to manage and evict problematic tenants; and be it further
ORDERED: That the City Manager be and hereby is requested to encourage CHA staff and the staff of other large landlords to aggressively participate in all discussions and public meetings where crime is a subject, even if those meetings are not focused on crime with Cambridge Housing Authority developments; and be it further
ORDERED: That the City Manager be and hereby is requested to ensure that the City effectively notified Cambridge Housing Authority staff and the staff of other large apartment complexes of upcoming public safety and community meetings; 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-8     Sept 24, 2007
COUNCILLOR KELLEY
WHEREAS: The upcoming Storrow Drive tunnel reconstruction/replacement project, which may include the removal of numerous trees on Boston's Esplanade and the detour of some Storrow Drive traffic onto Cambridge streets, is of great concern to Cambridge residents; and
WHEREAS: There have been, and continue to be, numerous planning meetings concerning the future of the Storrow Drive tunnels; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the relevant City staff and report back to the City Council on how Cambridge is participating in this planning process, what impacts from the tunnel project are likely to be felt in Cambridge and how Cambridge will mitigate those impacts as effectively as possible.

O-9     Sept 24, 2007
COUNCILLOR KELLEY
WHEREAS: West Nile Virus has been found in mosquitoes in Cambridge; and
WHEREAS: An Arlington man was recently diagnosed to be suffering from West Nile Virus; and
WHEREAS: Until there has been a significant stretch of freezing weather, warm fall days can quickly result in large populations of the type of mosquito that spreads the West Nile Virus; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide a report back to the City Council at his earliest opportunity, even if it is before a regularly scheduled City Council meeting, on the City's efforts to control mosquito-borne hazards, to include:
  *Public information efforts;
  *Use of larvicides;
  *Location of pesticide application; and
  *Comparison of pesticide applications, date and location, from this year to previous years.

O-10     Sept 24, 2007
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to investigate why the park in the North Point area has been closed to the public for at least five years as described in the attached e-mail; and be it further
ORDERED: That the City Manager be and hereby is requested to contact the entity that owns the park to determine when it will be available to the public and report back to the City Council on this matter.

O-11     Sept 24, 2007
COUNCILLOR DAVIS
ORDERED: That the Election Commission post the official candidates for City Council and School Committee on the City website.

O-12     Sept 24, 2007
COUNCILLOR MAHER
VICE MAYOR TOOMEY
WHEREAS: The City has recently changed the method of collection for the public spaces underneath the Harvard Square hotel from meters to a centralized collection machine that issues receipts; and
WHEREAS: During the change the rates were apparently increased and the time for required payment was extended from 6:00pm to 10:00pm; and
WHEREAS: Neighborhood residents in nearby buildings where no parking is provided have used these spaces for overnight parking beginning after 6:00pm for many years; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Traffic, Parking and Transportation Department with the view of developing some sort of exemption or permit system for neighborhood residents to allow them to continue to utilize the spaces for overnight parking after 6:00pm without charge.

O-13     Sept 24, 2007
COUNCILLOR DAVIS
WHEREAS: The DCR has informed the City Manager that the bid package for Magazine Beach was once again delayed due to a change in the location of the control box for the irrigation system which will result in a construction delay; and
WHEREAS: Richard Corsi of the DCR anticipates that the bid documents will be ready to send out in mid-October of this year; now therefore be it
ORDERED: That the City Manager be and hereby is requested to urge the Cambridge Legislative Delegation to assure that work goes forward at Magazine Beach according to the current timeline; and be it further
ORDERED: That the City Manager be and hereby is requested to inform the City Council of any changes in the work schedule at Magazine Beach.

O-14     Sept 24, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments on how much notification small businesses are being given for non-emergency work being done on their street and if there is no such notification plan, that one be drafted immediately.

O-15     Sept 24, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Housing Authority on whether the Daniel F. Burns elderly housing complex is being sold.

O-16     Sept 24, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to investigate the possibility of implementing traffic calming measures on Churchill Avenue near Massachusetts Avenue.

O-17     Sept 24, 2007
MAYOR REEVES
ORDERED: That the City Manager be and hereby is requested to direct the Department of Public Works to immediately address the serious odors from the sewer near the Midwest Restaurant on Cambridge Street.

O-18     Sept 24, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council dedicate an appropriate site in honor of Thomas Cogwell; and be it further
ORDERED: That 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-19     Sept 24, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the City Electrician to determine how additional lighting outside of the Frisoli Youth Center along Willow Street can be improved to create a safer atmosphere.

O-20     Sept 24, 2007
COUNCILLOR DAVIS
ORDERED: That the City Council go on record dedicating an appropriate site in honor of Joseph Brusch Jr.; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-21     Sept 24, 2007  Charter Right - Toomey
COUNCILLOR DECKER
ORDERED: That the Health and Environment Committee hold a hearing regarding the placement of billboards in the City and whether they should continue to be permitted due to poor maintenance and safety concerns.

O-22     Sept 24, 2007
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Traffic and Parking to investigate the possibility of placing a four-way Stop sign at the corner of Fifth and Otis Streets which has been the site of several serious accidents.

O-23     Sept 24, 2007
COUNCILLOR DAVIS
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor and the Community Development Department with regard to how to regulate the emergency proliferation of surface mounted advertising signs on the sides of buildings.

O-24     Sept 24, 2007
COUNCILLOR MURPHY
WHEREAS: The CRLS football team is scheduled to play Malden in a Greater Boston League football game on Oct 6, 2007 at noon; and
WHEREAS: Fourteen CRLS seniors on the football team are scheduled to take the SAT's the morning of Oct 6, 2007; and
WHEREAS: Moving the game from noon to 3:00pm would give the students sufficient time to take the SAT's without feeling rushed and still get to Malden in time for the game; and
WHEREAS: Malden is celebrating its 150th Town Anniversary and is planning to include the CRLS-Malden football game as part of the celebration; and
WHEREAS: We are sensitive to the importance of Malden's celebration but also want to ensure that our student athletes are able to be both students and athletes on Oct 6, 2007; now therefore be it
RESOLVED: That the City Council requests that the Mayor reach out to the Mayor of Malden, express our congratulations on the town's anniversary and discuss with him the possibility of moving the time of the game.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on Sept 5, 2007, beginning at six o’clock and thirty-five minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition filed by the Planning Board to re-zone portions of the Residence C-1 zoning district to a Residence B district in the Strawberry Hill Neighborhood along Cushing Street between St. Sauveur Court and Thingvilla Avenue, in the area of Oxford and Fairview Avenue, and the corner of Huron Avenue and Cushing Street.

Present at the hearing were Councillor Brian Murphy, Chair of the Committee; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use and Zoning, Community Development Department (CDD); and Taha Jennings, Neighborhood Planner, CDD.

Councillor Murphy convened the hearing and explained the purpose. He invited CDD staff to present the Planning Board petition.

Mr. Jennings said that this proposal came from the neighborhood residents’ concerns and desires expressed during the CDD update process for the Strawberry Hill Neighborhood Study. That process included community meetings to review and update the goals and achievements of the Neighborhood Study. Mr. Jennings submitted zoning analysis data on the effect of a change from C-1 to B on the buildings in the area, with respect to conformity/nonconformity to the zoning regulations and ability to add floor area or units (Attachment A).

Councillor Murphy then invited public testimony.

Christine Kuda, 7 Fairview Avenue, stated that she attended at least one of the community meetings held by CDD. She provided a great deal of negative feedback. Her property is already non-conforming. She does not want it to be even less conforming. If this change was to be made, and her house destroyed by some catastrophe, she could not build anything as-of-right on the property. She also questioned why the proposal rezoning includes the cemetery.

Carolyn Zwanger, 70-72 Cushing Street, stated that her property consists of a 4500 square feet of land with a three-family building. It just meets the Res-C zoning regulations but would be totally out of compliance in a B zone. There is very little development that can go on in this area, so why make changes that will make it more difficult for homeowners?

Liz Merrill, 31 Vineyard Street, said that her property is not within the borders of the proposed rezoning and is not affected, but she is concerned about her neighbors. She would like to know how many properties would be made non-conforming and why the cemetery would be rezoned. She stated that she does support rezoning to make any development of the empty lot on Cushing Street less dense than is allowed under current zoning.

Councillor Murphy asked why the cemetery is being included in the rezoning proposal. Mr. Barber said that every lot in Cambridge has a zoning district designation. The cemetery is contiguous to the property proposed for rezoning. It makes sense to keep its zoning the same as that of the contiguous property.

Councillor Murphy asked how many of the properties in the district are out of compliance with current zoning requirements and how many would become non-conforming if the zoning were changed to Residence B.

Mr. Jennings said that the strictly based on FAR analysis, he believes that five to ten buildings are currently non-conforming and fourteen would become non-conforming if the zoning is changed to Res-B. Mr. Barber said that 40-45 percent of the properties would still have enough FAR to build small additions. With regard to dwelling units, only four properties would have sufficient land to build additional units.

Councillor Murphy asked about the vacant Cushing Street lot. Mr. Barber said that there are two existing units on the lot. Current zoning would allow six additional units in addition to the existing two units for a total of eight and Res. B zoning would allow two additional units, for a total of four units.

Councillor Murphy moved that the petition be referred to the full City Council without a recommendation. The motion passed on a voice vote without objection. He requested that CDD forward the minutes of the community meetings held on this topic to the City Council for consideration prior to any final action.

Councillor Murphy thanked all those present for their participation. On a motion by Councillor Simmons the meeting was adjourned at seven p.m.

For the Committee,
Councillor Brian Murphy, Chair