Cambridge City Council meeting - October 15, 2007

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-105, regarding a report on lowering the speed limit on Sacramento Street.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-91, which requested a traffic study of the intersection of Rindge and Massachusetts Avenues with a view of alerting drivers of the left-hand traffic signal.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-114, regarding a report on how Cambridge is participating in the Storrow Drive tunnel project planning process.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Public Weigher for the calendar year 2007 to operate scales at MICH-LIN transfer station located at 45 Mooney Street, Cambridge: Stacey Walkinshaw Vossmer

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-108, regarding a report on an estimate of staff hours and funds committed to street, corner and square dedications.
Referred to Gov't Ops. and Rules Committee - Davis, Decker, Kelley

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-107, regarding a report on improved signage at the Central Square Branch Library.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of donations made to Community Learning Center (CLC) for $15,000 received from the Clipper Ship Foundation and the Friends of the Community Learning Center to the Grant Fund Human Services Salary and Wages account ($14,638) and to the Grant Fund Human Services Other Ordinary Maintenance account ($362) to be used to support the Community Learning Center’s (CLC) computer lab assistant project.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Massachusetts Family Literacy Consortium Grant (MFLC) funded by the Massachusetts Department of Education for $50,000 to the Grant Fund Human Service Programs Salary and Wages account ($8,727) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($41,273) which will support a portion of the salary of one full-time teacher and one part-time teacher/ trainer, contractual services to provide literacy enhancing activities through the Agenda for Children and coordination of family literacy services throughout Cambridge.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Massachusetts Housing and Shelter Alliance Grant funded by the Department of Transition Assistance for $88,979 to the Grant Fund Human Service Programs Salary and Wages account ($82,239) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($6,740) which will be used for costs related to the Carey Men’s Transitional Program operated by the Multi-Service Center.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Project Bread Food Pantry Grant received from the Project Bread organization for $7,225 to the Grant Fund Human Service Programs Other Ordinary Maintenance account to be used to provide meals for low income Cambridge Seniors, as well as to provide food for senior activities and events held at the Senior Center.

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $1,000 donation from the Boston Ultimate Disc Alliance to the Grant Fund Human Service Programs Other Ordinary Maintenance account which was used to support of the annual Cambridge Youth Games.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $1,000 within the "Cambridge Community Mobilizing for Change Around Alcohol Project" Grant funded by the Massachusetts Department of Public Health, Bureau of Substance Abuse from the Grant Fund Human Service Programs Travel and Training account to the Grant Fund Human Service Programs Salary and Wages account to be used to cover a portion of a specialist position at the Cambridge Prevention Coalition.

13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $50,714 to the General Fund Election Commission Salary and Wages account ($1,014) and to the Other Ordinary Maintenance account ($49,700) to support the two special elections which were held on Sept 11, 2007 (primary election) and on Oct 9, 2007 (general election) for the vacant Senate seat for Middlesex, Suffolk and Essex. This appropriation will be supported by Free Cash ($42,970) and State reimbursement of ($7,744) for the extended polling hours.

14. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Homeland Security Grant from the City of Boston for $21,482.27 to the Grant Fund Fire Salaries and Wages account ($9,035.38) and Travel and Training account ($12,446.89) and will cover the City’s costs, which have already been incurred, for either back fill or overtime for public safety personnel who have participated in drills/trainings.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $150,000 in Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account to provide funds to support the planned construction of the Charles River Skate Park to be located in East Cambridge (in the vicinity of the Zakim Bunker Hill Bridge).

16. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $85,320 from the General Fund Fire Department Salary and Wages account to the General Fund Fire Other Ordinary Maintenance account ($70,320) to cover the cost to outfit 8 new firefighters with personal protective equipment and uniforms as well as to perform related medical evaluations and to the General Fund Fire Extraordinary Equipment account ($15,000) to cover the purchase of fitness equipment.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the U.S. Department of Justice, Bureau of Justice Assistance under the Local Law Enforcement Block Grant Program for $60,722 to the Grant Fund Police Department Extraordinary Expenditures account to be used to support the department’s mobile computing infrastructure through the of purchase laptop computers for police vehicles, modems and related cellular service.

18. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of $12,500 to the 2007 Shannon Grant received from the Metropolitan Area Planning Council through the Executive Office of Pubic Safety to the Police Department Salary and Wages account and will be used to support additional youth violence prevention and anti-gang initiatives by the Police Department by increasing Police visibility, building enforcement and intervention capacities and supporting gang interdiction activities.

19. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of Grant from the Governor’s Highway Safety Bureau in the amount of $5,380 to the Grant Fund Police Department Salary and Wages account to be used to support the overtime enforcement of the "Click It or Ticket" campaign whose purpose is to promote safety and ensure seatbelts are being worn.

20. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a FY08 Community Policing Grant from the Massachusetts Executive Office of Public Safety for $403,750 to the Grant Fund Police Salary and Wages account ($261,420), Other Ordinary Maintenance account ($23,130), Travel and Training account ($25,200) and Extraordinary Equipment account ($94,000) for the purpose of enabling police departments to develop comprehensive community policing strategies tailored to address the particular needs of their communities and address crime, fear of crime, and issues that detract from overall quality of life.

21. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-111, regarding a report on efforts to control mosquito-borne hazards.

22. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the 2008 Shannon Grant received from the Metropolitan Area Planning Council through the Executive Office of Public Safety for $91,989.55 to the Grant Fund Human Service Department Salary and Wages account ($8,280.00), Grant Fund Human Service Department Other Ordinary Maintenance account ($29,720.00) and to the Police Department Salary and Wages account ($53,989.55) and will be used to support a violence prevention strategy through the Department of Human Services that engages teens in working with their peers and also provides training to community-based organizations working with young people.

CHARTER RIGHT
1. 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. [Charter Right exercised by Vice Mayor Toomey on Order Number Twenty-one of Sept 24, 2007.]
Placed on file under Rule 19

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. Motion to take from the Table failed 3-5-1 on Sept 24, 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.]

11. 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. Placed on Table on the motion of Vice Mayor Toomey on Sept 24, 2007.]

UNFINISHED BUSINESS
12. 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.]

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 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 expired on Oct 10, 2007.] Placed on file due to expiration of time limit

14. 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.]

15. 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. The question comes on passing to be ordained on or after Oct 8, 2007. Petition expires Dec 4, 2007.]

APPLICATIONS AND PETITIONS
1. An application was received from Coady Florist, requesting permission for a sandwich board sign and a display of merchandise in front of 1540 Cambridge Street.

2. An application was received from Pugs Bar & Grill, requesting permission for a sandwich board sign and three chairs in front of 635 Cambridge Street.

3. An application was received from Bryn Mawr Book Store, requesting permission for a display of merchandise in front of 373 Huron Avenue.

4. An application was received from Libby’s, requesting permission for a sandwich board sign in front of 575 Massachusetts Avenue.

5. An application was received from Shalimar Foods, requesting permission for a sandwich board sign in front of 571 Massachusetts Avenue.

6. An application was received from Investments Limited, requesting permission for a sandwich board sign in front of 2380 Massachusetts Avenue.

7. An application was received from Rentparty Antiques, requesting permission for a display of merchandise in front of 180-188 Street.

8. An application was received from Mayflower Poultry Company, requesting permission for a sandwich board sign in front of 621 Cambridge Street.

9. An application was received from Deborah Swedko, requesting a curb cut at the premises numbered 169 Pearl Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from neighborhood associations.

10. An application was received from Department of Human Services, requesting permission for a temporary banner across Massachusetts Avenue at City Hall announcing Family Literacy Fun Day for Cambridge Families on Sat, Nov 3rd from 10:30am to 2:30pm.

11. An application was received from Broadway Bicycle School, requesting permission for a display of merchandise in front of 351 Broadway.

12. An application was received from Aaron Wentz, requesting permission for a display of merchandise in Harvard Square in front of elevator facing Brattle Street and Massachusetts Avenue.

13. An application was received from Heartwood Furniture Inc., requesting permission for a sign and two awnings at the premises numbered 1008 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

14. An application was received from Tavern in the Square, requesting permission for a sandwich board sign in front of 730 Massachusetts Avenue.

15. An application was received from Kendall Market & Deli, requesting permission for three tables for restaurant seating and ten chairs in front of 290 Main Street.

16. An application was received from On Media, requesting permission for a sandwich board sign in front of 54 Church Street.

17. An application was received from Shalimar Foods & Spices, requesting permission for a sandwich board sign in front of 571 Massachusetts Avenue.

18. An application was received from Prana Power Yoga Inc., requesting permission for a sign at the premises numbered 585 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

COMMUNICATIONS
1. A communication was received from Ambassador Swanee Hunt, transmitting thanks for the resolution in regard to her degree of Doctor of Humane Letters from Cambridge College.

2. A communication was received from Rose Sperry, transmitting strong opposition to the Zoning and Planning Boards ideas about fence height restrictions.

3. A communication was received from Dennis R. Pittman, Director of Corporate Communications, Smithfield, regarding a resolution passed condemning Smithfield Packing Company and its labor practices in Tar Heel, NC.

4. A communication was received from James L. Watson and Rubie S. Watson, transmitting written opposition to the re-filed Cott petition.

5. A communication was received from the Brusch family, transmitting thanks for the resolution on Joseph Brusch Jr.

6. A communication was received from John Natale, regarding visitor parking permit for an absentee owner.

RESOLUTIONS
1. Congratulations to Dr. John H. Jackson on being named the new President and CEO of The Schott Foundation for Public Education. Mayor Reeves

2. Congratulations to the Saint Cosmas and Damian Society on their 81st annual banquet and congratulations to the award recipients. Mayor Reeves

3. Thanks to Mary Regan for her hard work and dedication as Housing Organizer with the Cambridge Eviction Free Zone and wish her well in future endeavors. Councillor Decker

4. Congratulations to the Fletcher-Maynard Academy Kindergarten on being awarded accreditation by the National Association for the Education of Young Children (NAEYC). Councillor Davis

10. Proclaim the month of October 2007 as Domestic Violence Awareness Month in the City of Cambridge and urge residents to be cognizant of the Break the Silence Rally and vigil held on Oct 1, 2007 at 6:00pm. Mayor Reeves

11. Congratulations to the Cambridge Pop Warner Football players and cheerleaders for their decision not to conduct a candy drive this year as part of their support for the healthy Concessions initiative. Councillor Galluccio

12. Resolution on the death of Diane L. (DiBenedetto) Frassa. Councillor Galluccio

14. Congratulations to the Martin Luther King, Jr. Preschool on becoming one of a few early childhood programs in Cambridge to earn accreditation from the National Association for the Education of Young Children Academy (NAEYC). Mayor Reeves

15. Resolution on the death of Jennie (Taglieri) Brincolo. Vice Mayor Toomey, Councillor Galluccio

18. Resolution on the death of Kevin W. Fitzgerald. Councillor Decker, Vice Mayor Toomey

19. Resolution on the death of Mary (Costa) Mattera. Vice Mayor Toomey, Councillor Galluccio

22. Congratulations to the Bunker Hill Post 26 of the American Legion on its 88th annual installation of officers on Oct 20, 2007. Councillor Galluccio

23. Congratulations to Samuel Thompson on the installation of his painting at the Central Square Branch Library and thanks for his years of service to the Cambridge community. Councillor Davis

25. Retirement of Patricia Bartholomew from the Cambridge Hospital. Mayor Reeves

26. Congratulations to David English, Scoutmaster of Troop and Crew 56 of Cambridge, on receiving the Whitney M. Young Jr. Service Award. Councillor Simmons

27. Congratulations to Senator-elect Anthony D. Galluccio and Clerk of Courts Michael A. Sullivan on being honored by the Greater Boston Labor Council at the Salute to Municipal Officer Holders on Nov 14, 2007. Councillor Simmons, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Murphy, Mayor Reeves and Vice Mayor Toomey

31. Resolution on the death of Private First Class Christian Neff. Councillor Decker

34. Resolution on the death of Specialist Donald Valentine III. Councillor Decker

37. Resolution on the death of Specialist Jonathan Rivadeneira. Councillor Decker

38. Resolution on the death of Private First Class Brandon Thorsen. Councillor Decker

45. Resolution on the death of Staff Sergeant Zachary Tomczak. Councillor Decker

55. Resolution on the death of Command Sergeant Major Jonathan Lankford. Councillor Decker

56. Thanks and best wishes to Captain Richard Bongiorno on his new position as Chief of Police of the town of Stoneham. Councillor Maher, Mayor Reeves, Vice Mayor Toomey

57. Congratulations to Sari Abul-Jubein on the 50th anniversary of the Casablanca Restaurant. Councillor Decker

58. Congratulations to Cambridge At Home on the occasion of its launch on Sun, Oct 21, 2007 at the Radcliffe Gymnasium. Councillor Davis

59. Resolution on the death of Ann L. "Nancy" (Mace) Morrison. Councillor Galluccio

60. Resolution on the death of Robert R. Sweeney. Vice Mayor Toomey, Councillor Galluccio, Mayor Reeves, Councillor Maher

62. Congratulations to Robert Doherty and his Yale SOM teammates on winning the championship round of CNBC’s new TV game "Fast Money M.B.A. Challenge". Councillor Maher

63. Congratulations to David Fichter and the Central Square Business Association on the rededication of the public art mural "The Potluck." Councillor Simmons

66. Resolution on the death of Vidalia (Oliveira) Vasconcelos. Vice Mayor Toomey

67. Congratulations to the Cambridge Historical Society, Daphne Abeel and the contributors to a collection of essays entitled "A City’s Life and Times: Cambridge in the Twentieth Century". Councillor Davis

69. Congratulations to Janet Burns on receiving the Fresh Pond Stewardship Award on Oct 24, 2007. Mayor Reeves

70. Congratulations to Louise Weed on receiving the Fresh Pond Stewardship Award on Oct 24, 2007. Mayor Reeves

71. Congratulations to the Cambridge Prevention Coalition, the Cambridge License Commission and the Cambridge License Advisory Board on receiving the 2007 National Exemplary Award for Innovative Substance Abuse Program for its 21 Proof Server/Seller training program. Mayor Reeves

72. Congratulations to St. Mary’s of the Annunciation Parish on its 140th Anniversary. Vice Mayor Toomey

73. Congratulations and best wishes to the retirees of the Cambridge School Department. Councillor Maher

75. Retirement of John Martorella from the City of Cambridge Print Shop. Mayor Reeves

76. Congratulations to the players and coaches of the Cambridge Hitmen Baseball Team on their championship season and wish them best of luck in Cooperstown in 2008. Vice Mayor Toomey

77. Resolution on the death of Stephen Tyrone Williams. Mayor Reeves, Vice Mayor Toomey

86. Congratulations to Richard Bueri on his recognition as an Outstanding Alumus of Phillips Brooks House Association. Mayor Reeves

87. Congratulations to Dr. Robert Coles on receiving special recognition from Phillips Brooks House at Harvard University. Mayor Reeves

88. Congratulations to Marian Wright Edelman on receiving special recognition from Phillips Brooks House at Harvard University. Mayor Reeves

90. Congratulations to the Cambridge Multi-Cultural Arts Center on hosting the theater performance "Refugee Nation." Councillor Decker

ORDERS
1. Dedication of an appropriate site in honor of Susan and John Yearwood. Mayor Reeves, Councillor Simmons

2. Dedication of an appropriate site in honor of Kathleen Walcott. Councillor Simmons

3. Dedication of an appropriate location in the vicinity of River and Franklin Streets to be dedicated in honor of Sammi Hebawi. Mayor Reeves

4. That the City Manager is requested to confer with the Chairman of the License Commission and Assistant City Manager for Community Development along with the Director of Economic Development to look into the situation of certain Cambridge hotels prohibiting Cambridge taxicabs from picking up customers in front of said hotels. Councillor Simmons

5. That the City Manager is requested to direct the appropriate people to work with the Bicycle Committee to analyze bicycle parking in the city and recommend additional parking as necessary, especially near T stations. Councillor Davis

6. That the City Manager is requested to evaluate the Portland Trip Reduction Incentive Program (TRIP) program and recommend any or all aspects that may pertain to Cambridge employees. Councillor Davis

7. That the City Manager is requested to direct the City Electrician to review the lighting along the footpaths at Russell Field and direct the appropriate state and local departments to improve lighting and safety in this area. Councillor Galluccio

8. Dedication of an appropriate site in honor of Donald "Ducky" Down in the vicinity of Donnelly Field. Vice Mayor Toomey, Councillor Galluccio and Councillor Maher

9. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation in order to restore the timing on the walk signal. Vice Mayor Toomey

10. That the City Manager be and hereby is requested to review the attached letter regarding issues relative to the sale and construction permitting process at Shady Hill Square and to confer with the Commissioner of Inspectional Services, the Assistant City Manager for Community Development and the City Solicitor to determine whether required procedures have been followed with respect to any proposed development or construction. Councillor Galluccio

11. That the City Manager is requested to report to the City Council on its Integrated Pest Management program (IPM). Councillor Simmons

12. That the City Manager is requested to provide the City Council with information as to what degree the City employees utilize the T pass program. Councillor Simmons

13. That the City Manager is requested to provide an update to the City Council on the municipal energy committee. Councillor Simmons

14. That the City Manager is requested to provide an update to the City Council on the establishment of a Green Collar Jobs Commission. Councillor Simmons

15. That the City Manager is requested to ask the Historical Commission to institute a new landmarking procedure for Shady Hill Square. Councillor Murphy

16. That the City Manager is requested to confer with the Superintendent of Cambridge Public Schools to discuss the feasibility of installing a water fountain at the playground of the Cambridgeport School. Councillor Decker, Vice Mayor Toomey and Mayor Reeves

17. That the City Manager is requested to direct the Superintendent of Cambridge Public Schools to ensure that all drinking fountains and sinks in the school are working properly, and if not, that they are repaired as quickly as possible. Councillor Decker, Vice Mayor Toomey and Mayor Reeves

18. That the City Manager is requested to encourage the School Department to use either LEED or the Collaborative for High Performance Schools (CHPS) green building standards in the CRLS renovation. The CHPS standard may lead to a large contribution for solar panels. Councillor Davis

19. That the City Manager is requested to instruct the Commissioner of Public Works to direct the Department of Public Works workers to leave trash lids where they can be easily retrieved and not in the street where they may be destroyed. Councillor Davis

20. That the City Council go on record urging the Mayor to continue to rally for the concerns expressed by Cambridge parents for the need for more communication from the School Department, especially regarding staffing and curricula changes. Councillor Simmons

21. That the City Manager is requested to have relevant City staff coordinate with MassBike staff to provide steel crowd control barriers free of charge and to provide without charge such other support to the MassBike film festival on Oct 19-20, 2007. Councillor Kelley

22. That the City Manager is requested to have appropriate staff, to include members of the Police Department, the Department of Public Works and the Traffic, Parking and Transportation Department to coordinate with the managers of all elderly housing in Cambridge to have an on-site meeting to discuss street and sidewalk safety issues with the residents. Councillor Kelley

23. That the City Manager is requested to confer with the Superintendent of the Cambridge Public School system to have at least two public meetings, one of which would be televised, on this subject between now and when the City Council will vote on the relevant loan order regarding proposed renovations to Cambridge Rindge and Latin School. Councillor Kelley

24. That the City Manager is requested to provide a response to the City Council’s previous request to post all board and commission members. Councillor Kelley

25. That the City Manager is requested to instruct the Community Development Department to create a web page for the Cambridge Affordable Housing Trust listing all current members and their relevant affiliations, with links to all future and past meeting agendas, minutes, staff recommendation memos, RFP’s, submitted proposals and related materials. Councillor Kelley

26. That the City Manager is requested to instruct relevant City staff to enforce the Massachusetts Building and Sanitary Codes and the Cambridge Zoning Ordinance to eliminate the longstanding eyesore and public nuisance at 56 Churchill Avenue. Councillor Kelley

27. That the City Manager is requested to direct the Police Commissioner to place additional call boxes by Clifton and Dudley Streets and near the "Jerry’s Pit" historical sign. Councillor Murphy

28. That the City Manager is requested to instruct the Director of the Traffic, Parking, and Transportation Department to place a stop sign on Clifton Street at the intersection of Clifton and Dudley Streets. Councillor Murphy

29. That the City Manager is requested to work with the Traffic, Parking and Transportation Department, Emergency Services, and the School Department to ensure buses and cars do not block the fire lane on Clifton Street at the entrance to Russell Field. Councillor Murphy

30. That the City Manager is requested to ask Verizon to repair or replace the leaning pole at 118 Clifton Street prior to the upcoming winter storm season. Councillor Murphy

31. That the City Manager is requested to forward the proposed ordinance creating Cambridge Safety and Community Empowerment Commission to the City Solicitor for preparation of a final version for City Council consideration. Councillor Simmons

32. That the City Manager is requested to confer with the Superintendent of Schools and appropriate City department heads as soon as possible to assure space for Move for Youth, the off-season baseball training program that has taken place at the Tobin School in the past; the program was slated to start this week and at the last minute they were notified that they could not use this space (see attached letter). Councillor Maher

33. That the City Manager is requested to confer with the Assistant City Manager for Human Services and the Police Commissioner to report back to the City Council on the root causes of the fights between youths of Cambridge and what is being done to prevent further outbreaks in the schools and in the neighborhoods. Councillor Simmons

34. That the City Manager is requested to confer with the Chief Public Health Officer to provide the City Council with information as to the health impacts of particulate matter related to leaf blowers. Councillor Davis

35. That the City Solicitor is requested to provide language for an amendment to the proposal to require that dumpsters be closed for the City Council to consider at the same time that the ordination of the currently proposed amendments to Chapter 8.24 is considered. Councillor Maher

36. That the City Manager is requested to confer with the Commissioner of Public Works to provide the City Council with information as to when the citizens will be appointed to the current interagency committee. Councillor Simmons

37. That the City Manager is requested to confer with the Commissioner of Public Works and the Executive Director of the Commission for Disabilities to provide a copy of the policy that provides exemptions from the time limits in Chapter 8.24 for persons with disabilities. Councillor Kelley

38. That the City Solicitor is requested to research and report back to the Ordinance Committee as to whether the proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards as currently proposed conflicts with the State Building Code. Councillor Murphy

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Anthony D. Galluccio, Chair of the Housing Committee, for a hearing held on Aug 22, 2007 for the purpose of discussing 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.

2. 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 19, 2007 for the purpose of considering proposed amendments to Chapter 8.24 of the Municipal Code: Refuse and Litter.
Passed to 2nd Reading

3. 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 19, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards for certain projects of 25,000 square feet or more.
Passed to 2nd Reading

4. 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 Oct 3, 2007 for the purpose of considering a proposed amendment to the Municipal Code to add a new Section 2.125 entitled "Cambridge Gay, Lesbian, Bisexual and Transgender (GLBT) Commission".
Passed to 2nd Reading

5. 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 continuing discussion on a proposed amendment to the Zoning Ordinance to further regulate fences.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Henrietta Davis, transmitting proposed changes to the pending Municipal Code leaf blower and leaf vacuum ordinance.

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

Tues, Oct 16
6:30pm The Ordinance Committee will conduct a joint working meeting with the Planning Board to discuss proposed zoning ordinance requiring LEED certification for any new construction, or substantial rehabilitation for an existing use or new use that totals 25,000 sq. ft. of Gross Floor Area or more and is subject to special permit from the Planning Board or Board of Zoning Appeal or development consultation under Article 19.50. No public comment. (344 Broadway, 2nd Fl Conference)

Wed, Oct 24
5:30pm The Ordinance Committee will conduct a public hearing on a proposed amendment to the Zoning Ordinance to establish minimum side yard requirements which provide, inter alia, that no structures may be placed nearer than 7 feet 6 inches to the side lot line. This hearing to be televised. (Sullivan Chamber)

Thurs, Oct 25
2:00pm The Cable TV, Telecommunications and Public Utilities will conduct a public meeting to discuss the digital divide and the Cambridge Public internet. (Sullivan Chamber)

Wed, Nov 28
5:30pm The Ordinance Committee will conduct a public hearing on a proposed amendment to Chapter 2.112 of the Municipal Code by adding Sect.112.060, CORI Screening by Vendors of the City of Cambridge, to ensure that the persons and businesses supplying goods and/or services to the City of Cambridge deploy fair policies relating to the screening and identification of persons with criminal backgrounds through the CORI system. (Sullivan Chamber)

TEXT OF ORDERS
O-1 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council dedicate an appropriate site in honor of Susan and John Yearwood; 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-2 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council dedicate an appropriate site in honor of Kathleen Walcott; 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-3 Oct 15, 2007
MAYOR REEVES
ORDERED: That the Assistant to the City Council be and hereby is requested to designate an appropriate location in the vicinity of River and Franklin Streets to be dedicated in honor of Sammi Hebawi; and
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-4 Oct 15, 2007
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the City Council that certain Cambridge hotels are prohibiting Cambridge taxicabs from picking up customers from their hotels; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Chairman of the License Commission and Assistant City Manager for Community Development along with the Director of Economic Development to look into this situation and report back to the City Council as to whether this prohibition is in effect and if so, what can be done to protect the livelihood of Cambridge taxi drivers.

O-5 Oct 15, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to direct the appropriate people to work with the Bicycle Committee to analyze bicycle parking in the city and recommend additional parking as necessary, especially near T stations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council by January or sooner on this matter.

O-6 Oct 15, 2007
COUNCILLOR DAVIS
WHEREAS: The City of Portland, Oregon encourages employees to use alternative modes of transportation such as walking, biking, public transit, and carpooling to relieve road congestion, reduce emissions and improve employee health through the Trip Reduction Incentive Program (TRIP); now therefore be it
ORDERED: That the City Manager be and hereby is requested to evaluate the Portland TRIP program and recommend any or all aspects that may pertain to Cambridge employees.

O-7 Oct 15, 2007
COUNCILLOR GALLUCCIO
WHEREAS: Footpaths are dimly lit and there is foot traffic to and from the MBTA Head House, Russell Field and other facilities after dark; and
WHEREAS: This is an incident prone area; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the City Electrician to review the lighting along the footpaths at Russell Field; and be it further
ORDERED: That the City Manager be and hereby is requested to take the necessary steps to contact the appropriate state and local departments to improve the lighting and safety in this area.

O-8 Oct 15, 2007
VICE MAYOR TOOMEY
COUNCILLOR GALLUCCIO
COUNCILLOR MAHER
WHEREAS: It has come to the attention of the City Council that Donald "Ducky" Down is stepping down from the Cambridge Little League Operations after twenty-five years of dedicated service; and
WHEREAS: "Ducky" Down has served as the President of the East Cambridge Little League for the past ten years and is the current Commissioner of all Cambridge Baseball leagues; and
WHEREAS: Ducky has also been the Commissioner of Baystate Baseball for many years; and
WHEREAS: Through the years Ducky Down has worn many hats in Little League; he has coached, been Equipment Manager, cares for the fields, and even managed the concessions; and
WHEREAS: Ducky has coached his own children through their childhood and has always made sure that any child who wanted to play would be able to regardless of any obstacles they may have faced; and
WHEREAS: East Cambridge Little League owes a great deal of thanks to all that Donald "Ducky" Down has done. He has selflessly dedicated his time and energy to the next generation of little leaguers year after year. Ducky can be found at a ball park any given night of the week, always willing to pitch batting practice to a child willing to learn the game; now therefore be it
RESOLVED: That the City Council go on record thanking Donald "Ducky" Down for all he has done for the youth of Cambridge and for Cambridge Little League, especially the Eastern Division; and be it further
RESOLVED: That the City Council dedicate an appropriate site in honor of Donald "Ducky" Down in the vicinity of Donnelly Field; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Donald "Ducky" Down on behalf of the entire City Council; and be it further
RESOLVED: 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-9 Oct 15, 2007
VICE MAYOR TOOMEY
WHEREAS: The walk signal at Miller’s River Apartments on Cambridge Street is not working properly; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation in order to restore the timing on the walk signal.

O-10 Oct 15, 2007
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to review the attached letter regarding issues relative to the sale and construction permitting process at Shady Hill Square and to confer with the Commissioner of Inspectional Services, the Assistant City Manager for Community Development and the City Solicitor to determine whether required procedures have been followed with respect to any proposed development or construction; 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-11 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to report to the City Council on its Integrated Pest Management program (IPM); and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Cable Television for the City of Cambridge to post the integrated Pest Management program on the City’s web site.

O-12 Oct 15, 2007
COUNCILLOR SIMMONS
WHEREAS: The City has a T pass program for its employees; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with information as to what degree the City employees utilize the T pass program.

O-13 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to provide an update to the City Council on the municipal energy committee.

O-14 Oct 15, 2007
COUNCILLOR SIMMONS
WHEREAS: At the City Council meeting of July 30, 2007 Order #8 was adopted requesting the City Manager to establish a Green Collar Jobs Commission and a Green Jobs Policy; and
WHEREAS: As of this date the commission has not been established; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide an update to the City Council on the establishment of a Green Collar Jobs Commission.

O-15 Oct 15, 2007
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to ask the Historical Commission to institute a new landmarking procedure for Shady Hill Square.

O-16 Oct 15, 2007
COUNCILLOR DECKER
VICE MAYOR TOOMEY
MAYOR REEVES
ORDERED: That the City Manager be and hereby is requested to confer with the Superintendent of Cambridge Public Schools to discuss the feasibility of installing a water fountain at the playground of the Cambridgeport School.

O-17 Oct 15, 2007
COUNCILLOR DECKER
VICE MAYOR TOOMEY
MAYOR REEVES
ORDERED: That the City Manager be and hereby is requested to direct the Superintendent of Cambridge Public Schools to ensure that all drinking fountains and sinks in the school are working properly, and if not, that they are repaired as quickly as possible.

O-18 Oct 15, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to encourage the School Department to use either LEED or the Collaborative for High Performance Schools (CHPS) green building standards in the CRLS renovation. The CHPS standard may lead to a large contribution for solar panels.

O-19 Oct 15, 2007
COUNCILLOR DAVIS
WHEREAS: The City of Cambridge requires that residents put out their trash in covered containers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Commissioner of Public Works to direct the Department of Public Works workers to leave trash lids where they can be easily retrieved and not in the street where they may be destroyed.

O-20 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council go on record urging the Mayor to continue to rally for the concerns expressed by Cambridge parents for the need for more communication from the School Department, especially regarding staffing and curricula changes.

O-21 Oct 15, 2007
COUNCILLOR KELLEY
WHEREAS: The City of Cambridge relies on bicycling to help reduce vehicular congestion on our streets and to improve air quality; and
WHEREAS: MassBike is an advocacy group that promotes safer cycling throughout Massachusetts, to include Cambridge; and
WHEREAS: The efforts of groups such as MassBike compliment the desire of the City to increase the number of cyclists in Cambridge and the safety of those cyclists and others in our public ways; and
WHEREAS: MassBike is holding a film festival at the Brattle Theatre on Oct 19-20, 2007; and
WHEREAS: The success of the festival, and the underlying cause of safer and more popular cycling, would be increased through the use of steel crowd control barriers to use as temporary bike racks rather than flooding Harvard Square and the surrounding area with a hundred or more additional bikes locked to poles throughout the area; and
WHEREAS: Cambridge has such steel crowd control barriers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have relevant City staff coordinate with MassBike staff to provide these steel crowd control barriers free of charge and to provide without charge such other support to the film festival as is deemed reasonable.

O-22 Oct 15, 2007
COUNCILLOR KELLEY
WHEREAS: Passable sidewalks and safe street crossings are crucial to allowing Cambridge’s elderly residents to walk to nearby destinations; and
WHEREAS: A primary concern of Cambridge’s seniors is their inability to get out of their homes due to impassable streets and sidewalks; and
WHEREAS: Having seniors describe their mobility concerns on-site would be the most effective way for the City to identify and address those concerns; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have appropriate staff, to include members of the Police Department, the Department of Public Works and the Traffic, Parking and Transportation Department to coordinate with the managers of all elderly housing in Cambridge to have an on-site meeting to discuss street and sidewalk safety issues with the residents; and be it further
ORDERED: That the City Manager be and hereby is requested to develop a method of keeping the residents of these elderly housing developments informed of the status of needed improvements to street safety; 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-23 Oct 15, 2007
COUNCILLOR KELLEY
WHEREAS: The proposed renovations to Cambridge Rindge and Latin School are estimated to cost 96.7 million dollars; and
WHEREAS: The impact of this expenditure will be to constrain future capital projects and increase taxes; and
WHEREAS: There are many strong arguments for going forward with a renovation project of this scale, to include a 28 million dollar state reimbursement and many important upgrades to CRLS facilities; and
WHEREAS: The renovation project, to include the possible use of swing space at both the Longfellow and former Graham & Parks schools will have an impact on a variety of Cambridge neighborhoods; and
WHEREAS: The renovation project, projected to last for over two years, will have an impact on CRLS students and their families during the construction period; and
WHEREAS: The initial discussion of this larger renovation public at a School Committee/City Council roundtable was not televised; and
WHEREAS: The more the greater public, to include current and future CRLS students and families, understand about this project the more likely it is to be successful; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Superintendent of the Cambridge Public School system to have at least two public meetings, one of which would be televised, on this subject between now and when the City Council will vote on the relevant loan order; and be it further
ORDERED: That the City Manager be and hereby is requested to have at least one meeting at a location convenient to residents in Mid-Cambridge and one meeting in a location convenient to residents of Cambridgeport as those are the areas likely to be the most impacted by this renovation project.

O-24 Oct 15, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to provide a response to the City Council’s previous request to post all board and commission members.

O-25 Oct 15, 2007
COUNCILLOR KELLEY
WHEREAS: The Cambridge Affordable Housing Trust has been given tens of millions of dollars by Cambridge in recent years to develop affordable housing in Cambridge; and
WHEREAS: Understanding the composition of the Cambridge Affordable Housing Trust, it history and its plans for the future are key elements in creating a greater public understanding of, and appreciation for, our affordable housing programs; and
WHEREAS: Making information about the Cambridge Affordable Housing Trust available on the City’s website will lead to a greater understanding of the Trust by the public; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to create a web page for the Cambridge Affordable Housing Trust listing all current members and their relevant affiliations, with links to all future and past meeting agendas, minutes, staff recommendation memos, RFP’s, submitted proposals and related materials.

O-26 Oct 15, 2007
COUNCILLOR KELLEY
WHEREAS: The property at 56 Churchill Avenue has long been a local eyesore and public nuisance, complete with rodents; and
WHEREAS: Local residents have tried a variety of methods to get the property owner and the City to address the issues presented by this dilapidated property; and
WHEREAS: These efforts have, thus far, not led to a successful resolution of the problems surrounding 56 Churchill Avenue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct relevant City staff to enforce the Massachusetts Building and Sanitary Codes and the Cambridge Zoning Ordinance to eliminate the longstanding eyesore and public nuisance at 56 Churchill Avenue; and be it further
ORDERED: That the City Manager be and hereby is requested to convene the Board of Survey, if necessary, to ensure that the following things happen at 56 Churchill Avenue:
*Prompt elimination of rodents and other pests by a professional exterminator;
*Removal of all remaining structural walls, foundations, stored lumber, and demolition debris;
*Complete filling and regrading of all open excavations, depressions, and extant cellars; and
*Removal of all litter and overgrown weeds;
and be it further
ORDERED: That the City Manager be and hereby requested to report back to the City Council on this matter.

O-27 Oct 15, 2007
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to direct the Police Commissioner to place additional call boxes by Clifton and Dudley Streets and near the "Jerry’s Pit" historical sign.

O-28 Oct 15, 2007
COUNCILLOR MURPHY
WHEREAS: Presently there is only one stop sign where there should be two at the intersection of Clifton and Dudley Streets; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Director of the Traffic, Parking and Transportation Department to place a stop sign on Clifton Street at the intersection of Clifton and Dudley Streets.

O-29 Oct 15, 2007
COUNCILLOR MURPHY
WHEREAS: Recently there has been a safety issue created by vehicles utilizing the designated fire lane on Clifton Street at the entrance to Russell Field for parking; and
WHEREAS: This activity presents a potential barrier to emergency vehicles; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Traffic, Parking and Transportation Department, Emergency Services, and the School Department to ensure buses and cars do not block the fire lane on Clifton Street at the entrance to Russell Field.

O-30 Oct 15, 2007
COUNCILLOR MURPHY
WHEREAS: There has been repeated concern voiced by this City Council and members of the Cambridge community about the safety of many telephone and utility poles in the city; and
WHEREAS: The utility pole currently at 118 Clifton Street is leaning severely from its prior upright position, thus causing a potential threat in inclement weather; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask Verizon to repair or replace the leaning pole at 118 Clifton Street prior to the upcoming winter storm season.

O-31 Oct 15, 2007
COUNCILLOR SIMMONS
WHEREAS: Community safety is of great importance; and
WHEREAS: Neighborhoods acting and working together bring better community relations and reinforce inter-community confidence. In order to keep our City safe we need to bring in our City departments, our community organizations, and our citizens; and
WHEREAS: The best remedy for neighborhood safety and for community cohesion is when we all work together; now therefore be it
ORDERED: That the City Manager be and hereby is requested to forward the proposed ordinance creating Cambridge Safety and Community Empowerment Commission to the City Solicitor for preparation of a final version for City Council consideration.

O-32 Oct 15, 2007
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to confer with the Superintendent of Schools and appropriate City department heads as soon as possible to assure space for Move for Youth, the off-season baseball training program that has taken place at the Tobin School in the past; the program was slated to start this week and at the last minute they were notified that they could not use this space (see attached letter).

O-33 Oct 15, 2007
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the City Council that fights between youths of Cambridge have occurred; and
WHEREAS: These fights have escalated to the point that altercations are breaking out at Cambridge Rindge and Latin School; and
WHEREAS: The safety of all of our children is one of the greatest importance; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Human Services and the Police Commissioner to report back to the City Council on the root causes of the fights and what is being done to prevent further outbreaks in the schools and in the neighborhoods; and be it further
ORDERED: That the Mayor communicate to the School Committee the desire of the City Council to be informed in order to be able to be helpful.

O-34 Oct 15, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to confer with the Chief Public Health Officer to provide the City Council with information as to the health impacts of particulate matter related to leaf blowers.

O-35 Oct 15, 2007
COUNCILLOR MAHER
ORDERED: That the City Solicitor be and hereby is requested to provide language for an amendment to the proposal to require that dumpsters be closed for the City Council to consider at the same time that the ordination of the currently proposed amendments to Chapter 8.24 is considered.

O-36 Oct 15, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works to provide the City Council with information as to when the citizens will be appointed to the current interagency committee.

O-37 Oct 15, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and the Executive Director of the Commission for Disabilities to provide a copy of the policy that provides exemptions from the time limits in Chapter 8.24 for persons with disabilities.

O-38 Oct 15, 2007
COUNCILLOR MURPHY
ORDERED: That the City Solicitor be and hereby is requested to research and report back to the Ordinance Committee as to whether the proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards as currently proposed conflicts with the State Building Code.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Housing Committee held a public meeting on Aug 22, 2007, beginning at three o’clock and fourteen minutes P.M. in the Ackerman Room. The meeting was held for the purpose of discussing 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.

Present at the meeting were Councillor Anthony D. Galluccio, Chair of the Committee, Vice Mayor Timothy J. Toomey, Jr., and City Clerk Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Christopher Cotter, Housing Director, Community Development Department (CDD), Cassandra Arnaud, Housing Planner, CDD, Greg Russ, Executive Director, Cambridge Housing Authority (CHA), Terry Dumas, Director of Planning and Development, CHA, Margaret Donnelly Moran, CHA, Rick Henken, President of Rindge Associates, General Partner for Fresh Pond Apartments, Schochet Associates, Scott Cole, Resident Services Coordinator, Fresh Pond Apartments, Patricia Casola, President of the Fresh Pond Tenants Association, 364 Rindge Avenue, Cheryl Pizza-Zeoli, Cambridge, Anna Dolmath, CDD, and Laura Booth, Tenant Services Coordinator, CEOC.

Councillor Galluccio convened the meeting and explained the purpose. He began with the issue of conditions at Fresh Pond Apartments.

Rick Henkin, President of the General Partnership of the limited partnership that owns 364 Rindge Avenue, said that in 2000, the owners signed an agreement to keep the building affordable through 2020. At that time they agreed that there would be an upgrade of this property. They have made substantial reinvestment in rehab and will continue until all 504 units have been renovated, and then they will start over.

He said that more recently there have been some management changes. Ken Sullivan is the new Senior Property Manager and Scott Cole is the Resident Services Coordinator. Mr. Cole’s job is to link residents to services in the larger community. This has made a big difference for the residents. He said that there is a new computer lab, and a new security system, with security cameras and a key fob system.

Councillor Galluccio said that Scott Cole has done a great job and invited him to make a brief summary. Mr. Cole described progress in the computer center and described the health fair that took place the previous weekend. He said that since they installed the new security system, there have been very few problems with drinking and loitering.

Beth Rubenstein asked about the plans for operation of the computer system. Mr. Cole said the plan is to have it operating from 3:00pm to 8:00pm. MIT graduate students will teach classes. It will be for kids and adults, including elderly and disabled persons. There have also been ESL conversational classes in the building. They stopped for July and August and will start again this fall.

Councillor Galluccio urged Mr. Cole to survey the tenants as to their needs. He also noted that Mr. Cole really needs and assistant, a "baby Scott Cole."

Patricia Casola, President of the Tenant Association, stated that disabled persons in Cambridge face the biggest challenges in terms of services available.

Laura Booth, Tenant Services Coordinator, CEOC, submitted a memo on follow up issues from the recent inspection of conditions. She said that recently she has seen big improvements over the years and conditions that had existed over the past 12 years she has seen worked with these tenants. CEOC and the Tenants Association continue to have a list of action items. Ms. Booth submitted a memo of these items (Attachment A).

Patricia Casola, President of the Fresh Pond Tenants Association, stated that in the past year in a half, Federal Management has made incredible improvements. She will be working closely with Scott. She would like to do a tenant survey. She noted that many organizations were involved in bringing about the final use agreement in 2000.

Ms. Casola said that one of the Tenant Association’s main concerns relates to the asbestos. At the time of the tour it was said that the asbestos was to be left alone and that holes and cracks were not to be fixed. She cited 105 CMR Department of Public Health 410.353 requiring that holes be fixed. Mr. Henken said that he would look into it further. He will re-look at the property survey.

Ms. Casola said that the renovations that are being done in the occupied units are not being done to the same standards as the vacant units. Mr. Henken said that he will also look into that matter. Councillor Galluccio expressed appreciation for the improvements in the quality of the materials being used in the renovations.

Councillor Galluccio then moved to a discussion of the state-owned CHA units. Councillor Galluccio said he knows there has been brainstorming on this issue and invited an update.

Gregg Russ, Executive Director of t he CHA, first reviewed past history including the decision by three local housing authorities, Brookline, Boston, and Cambridge to file a lawsuit to compel the state to rehabilitate these units. Recently the three authorities decided to withdraw the lawsuit without prejudice to their right to re-file because they have seen progress by the state. The Department of Housing and Community Development (DHCD) has reimbursed $758, 000 owed from prior fiscal years and has committed to a new formula that has increased the statewide subsidy from $45 million to $60 million. However, the amount needed is $110 million for the operating subsidy. At the current level the CHA cannot make capital investment plans because the funds are not sufficient to cover the debt that they would have to incur. Cambridge CHA officials have had two meetings on the operating study with state officials.

Mr. Russ said that one effect of the new administration at DHCD is that the backlogged approval requests have been processed and CHA has received $2.65 million from this process. Also the state has approved $100, 000 for a master plan study for Jefferson Park. Mr. Russ said that $1.5 of the $2.65 million will go to Willow Street Homes for comprehensive modernization.

Vice Mayor Toomey said that at Willow Street Homes, the tenants have a big problem with the dumpster. At a recent community meeting there was a great deal of resident concern expressed. Mr. Russ explained that smaller amounts of the $2.65 million will go for rehab projects at Jackson Gardens, 116 Norfolk, and the Putnam School. The CHA made these decisions based on priorities in the CHA needs assessment.

The CHA will be undertaking a comprehensive master plan process for rehabilitation of the state and federal CHA units. Their estimate of the financial need for the state portfolio overall, including reasonable soft costs, is $106 million for 747 units, for example Manning $112,000/unit, Jefferson Park $315,000/unit. Mr. Russ said that the CHA hopes to begin the community planning process next month. They will probably look at project-basing vouchers into the developments. They have some money to work with, there is some subsidy money left. There is proposed federal legislature to extend this money for 10 years, but they do not know what will happen with the legislation. Mr. Russ said that CHA wants to establish a 10-year plan and use a planning process to look at what options there are for different sites.

Terry Dumas, Director of Planning and Development, CHA distributed a summary diagram of the 10-year capital planning process (Attachment B). She noted that policy discussions would be needed as part of the planning process. For example, the issue of developing large units. The current Cambridge demand is for 1-2 bedroom units. Should the CHA build for that demand or bring in non-residents to keep large families in Cambridge and keep building larger units to accommodate families?

Councillor Galluccio emphasized the need to keep the philosophy on the table and also noted that there is no definite money available. Ms. Dumas said that there is tax credit money available; and on the federal side, there is some availability.

Mr. Russ said that it is very important to define the extent of the money problem and to emphasize that this money is not on the table and not guaranteed. This process is designed to sharpen the figures and put the CHA in shape to seek additional funding. Although there is a night and day difference now at DHCD, they are living in the same world we are, with much less federal funding available.

Councillor Galluccio said that he wants the City to be involved in the demographics as well. Mr. Russ said he and Mr. Cotter have talked. They intend to send waiting list updates to CDD monthly and to have working meetings with CDD. The CHA waiting lists are certainly not the only source for this demographic information.

Mr. Cotter, Director of Housing, CDD, said he will be happy to work with the CHA and other private affordable housing development owners to put all the information together.

Councillor Galluccio noted that in Everett, 66 Main Street is an affordable housing cooperative for seniors. We need to think about what would attract seniors. Mr. Russ said that he would like to confer with people who understand the regional markets about what Cambridge would be like in the future. Ms. Rubenstein said that MAPC has done projections for 2025 and 2030 that CDD would be happy to share with the CHA.

Councillor Galluccio stated that there may be a need to readjust the limits to meet what seniors now want.

Ms. Dumas said that she assumes that the CHA plan will change after the first few community meetings in response to feedback.

Mr. Russ noted the following big questions that will come up during the process:
- More family units?
- More senior units?
- A different mix of sizes?
-More renovations like the LB Johnson apartments that allow more flexibility of use?

He noted the problem with the Miller’s River units. No one wants these units because they are extremely small. They cannot break through the walls to make larger units because of the way the tension rods are constructed.

Councillor Galluccio emphasized the importance of leadership in this discussion. When the staff knows where the realities are leading, they must make sure that the public knows what limitations are inevitable and what the real options are.

Councillor Galluccio thanked all those present for their participation. The meeting was adjourned at four o’clock and thirty five p.m.

For the Committee
Councillor Anthony D. Galluccio, Chair
QUESTION COMES ON ACCEPTING REPORT AND PLACING ON FILE on Oct 15, 2007

Committee Report #2
The Ordinance Committee held a public hearing on Sept 19, 2007 at four o’clock P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering proposed amendments to Chapter 8.24 of the Municipal Code: Refuse and Litter (Attachment A).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee, Vice Mayor Timothy J. Toomey, Jr., Councillor Henrietta Davis, Councillor Craig Kelley, Councillor David P. Maher, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Lisa Peterson, Commissioner of Public Works, (DPW), John Nardone, Assistant Commissioner, DPW, James Ardolino, DPW, and Nancy Glowa, Deputy City Solicitor.

Councillor Murphy convened hearing and explained the purpose. He invited Commissioner Peterson to describe the proposal.

Commissioner Peterson introduced her staff and outlined the proposed changes. The amendment would strengthen enforcement by adding the Inspectional Services Department as an enforcement entity and by allowing fines of up to $300.00 if necessary. The proposed ordinance also clarifies the duties of private property owners and occupants, strengthens the recycling program and reduces clutter on sidewalks by making more dwelling units eligible for use of large toters and makes minor changes to clarify language in a number of articles in the ordinance.

Councillor Murphy then invited public comment.

Constance Hilton, 2 Fayette Park, stated that there is a major rat problem in her neighborhood. Her neighbors do what they can, but the big problem is a dumpster that is overflowing and messy. She urged the City Council to make changes to improve enforcement of provisions that prohibit this situation.

David Kelleher, 11 Worcester Street, stated that he was speaking on behalf of the Area 4 Neighborhood Coalition in support of the proposed changes in the ordinance. He submitted a letter (Attachment B) and summarized the suggested additions to the ordinance contained in the letter, as follows:
1. Specifically include Cambridge Housing Authority (CHA), Massachusetts Bay Transit Authority (MBTA) and Cambridge School Department property in the scope of the ordinance.
2. Include regulation of dumpsters and the maintenance of dumpsters
3. Establish an interagency task force on rodents that includes private citizen members.
4. Create and maintain a city-wide rodent data base posted on the DPW website.
5. Inclusion in K-8 curricula of information about refuse, recycling, composting and rodent prevention.
6. Clarify how the range of penalties is applied.
7. Allow for reasonable accommodation for elderly and disabled persons who are not able to comply with the rules as written or amended.

Bette Davis, 395 Broadway, stated she is here because of the dumpster at 399 Broadway. It is always open and overflowing. She submitted pictures (Attachment C). She hopes the proposal will affect this situation in a positive way. Someone, perhaps the property owner, seems to be dumping non-Cambridge garbage in the dumpster.

Gerald Bergman, 82 Elm Street, stated that there has been progress on this issue over the years. He is not convinced that the ordinance successfully addresses the dumpster issue. He hopes there is some discussion of how the fines will be assessed and collected. He is glad that ISD will be assigned enforcement responsibilities. He hopes that discussions will include provision of reasonable accommodations for elderly and disabled persons.

Kathy Podgers, Pearl Street, Distributed a copy of a picture of her trash barrel on her private property with someone else’s trash in it (Attachment D). As person with a disability and a senior, she cannot be a collection center. She was arraigned for being physically unable to perform the tasks required by the ordinance. She urged the City Council to modify the ordinance to not to discriminate against disabled people.

Councillor Murphy then invited questions from the members of the Ordinance Committee.

Councillor Simmons expressed a concern about whether there are sufficient resources for enforcement. She requested that the Area 4 Neighborhood Task Force letter be forwarded to appropriate City staff. With regard to the curricula suggestion, she likes the idea but notes that there are only so many hours available for teaching.

Councillor Murphy said that he would forward t he letter to the School Department. He requested that Commissioner Peterson address the enforcement issue. Ms. Peterson said that adding ISD personnel as enforcement officers will strengthen enforcement; there will be more people providing quicker process.

Councillor Davis expressed surprise that ISD staff are not here tonight. She would like to know whether the dumpster problem will be solved.

Nancy Glowa, Deputy City Solicitor, stated that the ordinance requires that there be sufficient receptacles to contain all refuse accumulated between collection dates and maintain the premises free of litter and in sanitary conditions.

Councillor Davis asked why the language does not specify "covered containers." Ms. Glowa said that "authorized rubbish receptacle" is defined in the ordinance as a receptacle that has to be covered. Councillor Davis stated that she believes there should be an amendment to specifically require that a dumpster remain closed. Commissioner Peterson agreed and explained that staff are having meetings with the view of proposing comprehensive improvements to the regulations for dumpsters.

Councillor Davis asked about the issue of other people’s trash being dumped into dumpsters. Ms. Glowa said that the City would look into the matter, its prevalence and possibilities for prevention. Councillor Davis also suggested public education and information about the new requirements in easier-to-follow format.

Councillor Maher noted the frustration of neighbors around this issue. It must be against the law to bring trash from another city to be paid for by our taxpayers. He asked that staff please check this. A private dumpster with private collection may be a different issue. He requested that staff check on this issue as well. Councillor Maher also asked about how the fine structure would work and how the collection process would work. Commissioner Peterson said that there are two solid waste compliance officers; they follow the route. One goes out the night before; the other works 7-3 on the day of pickup.

Councillor Maher asked what percent are being fined and what percent are receiving warnings. Commissioner Peterson said that they are now up to at least 50 percent fines. With regard to the collection of fines, the rate is 50 percent collection just from issuing tickets; then they send a second notice and thereafter schedule a clerk magistrate hearing. Councillor Maher asked Commissioner Peterson if she agrees that progress has been made. She answered in the affirmative. Councillor Maher asked if there are now more complaints about rats. Commissioner Peterson said that ISD handles complaint telephone calls and DPW handles complaint e-mails. The number of complaints has been relatively stable for the last few years, but has gone down recently.

Councillor Kelley asked whether the City ever enforces Section 8.24.170, which prohibits dropping litter on streets and other public places. Commissioner Peterson said that enforcement of that section is not typical. Councillor Kelley stated that he would like to see more enforcement of the prohibition. He asked about the difference between criminal and non-criminal enforcement and said that he believes the criminal penalty is intimidating.

Councillor Kelley asked whether provisions are made for persons with disabilities. Commissioner Peterson answered in the affirmative. She said that the program is administered by the Commission for Persons with Disabilities. It provides for exemption from the time limits for putting trash out on the sidewalk. Ms. Peterson stated that the ordinance complies with the American Disabilities Act.

Councillor Kelley asked if trash cans need to be covered in the back yard. Commission Peterson stated that there needs to be a tight fitting cover for trash being stored in a yard or on the sidewalk except on the day of collection, when plastic bags are allowed to be placed on the sidewalk. Councillor Kelley added that the way he reads the ordinance, it covers leaf blowers.

Councillor Kelley asked about construction debris. Commissioner Peterson said that construction and demolition debris is regulated by the state. Councillor Kelley said that Section 8.24.180 of the ordinance apparently allows throwing trash into someone else’s trashcan. Deputy City Solicitor Glowa disagreed and pointed out that the ordinance does not state that a person can throw trash into someone else’s trashcan.

Councillor Murphy raised the issue of the Area Four Neighborhood Coalition’s proposals for a database and an interagency task force with citizen members. Commissioner Peterson said that the City has established an interagency task force and that they are about to put out a notice inviting residents. They are also reaching out to the MBTA, the Cambridge Housing and the Cambridge Public Schools, as was suggested by the Area Four Neighborhood Coalition. With regard to the database, Commissioner Peterson stated that she will look at the issue raised by the Coalition.

Councillor Maher moved that the proposed amendment be forwarded to the full City Council with a favorable recommendation. The motion passed on a voice vote without objection.

Councillor Maher submitted the following motion:
ORDERED: That the City Solicitor be and hereby is requested to provide language for an amendment to the proposal to require that dumpsters be closed for the City Council to consider at the same time that the ordination of the currently proposed amendments to Chapter 8.24 is considered.

The motion passed on a voice vote without objection.

Councillor Simmons submitted the following motion:
ORDERED: That the City Manager confer with the Commissioner of Public Works to provide the City Council with information as to when the Citizens will be appointed to the current interagency committee.

The motion passed on a voice vote without objection.

Councillor Kelley submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and the Executive Director of the Commission for Disabilities to provide a copy of the policy that provides exemptions from the time limits in Chapter 8.24 for persons with disabilities.

The motion passed on a voice vote without objection.

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

For the Committee,
Councillor Brian Murphy, Chair
QUESTION COMES ON ACCEPTING REPORT, PASSING TO A SECOND READING AND ADOPTING THREE ORDERS on Oct 15, 2007

Committee Report #3
The Ordinance Committee held a public hearing on Sept 19, 2007, beginning at six o’clock and ten minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards for certain projects of 25,000 square feet or more. A copy appears at the end of this report.

Present at the meeting were Councillor Brian Murphy, Chair of the Committee, Vice Mayor Timothy J. Toomey, Jr., Councillor Henrietta Davis, Councillor Craig Kelley, Councillor David P. Maher, Mayor Kenneth E. Reeves and City Clerk D. Margaret Drury. Also present were Susan Glazer, Deputy Director of the Community Development Department (CDD), Iram Farooq, Project Planner, CDD and Lester Barber, Director of Zoning and Land Use, CDD.

Councillor Murphy convened the hearing and explained the purpose.

Councillor Murphy invited a presentation by Community Development (CDD) Staff. Iram Farooq, Project Planner, CDD, presented the proposal. The amendment would address future development proposals of over 25,000 square feet that are either subject to a special permit from the planning Board or the Board of Zoning Appeals or subject to a development consultation under Article 19.50 of the zoning ordinance.

For development proposals that are between 25,000 square feet and 50,000 square feet, starting in January 2008, they would be required to include a completed LEED (Leadership in Energy and Environmental Design) checklist reflecting the intended design details of the building. Starting in January 2010, they would be required to be LEED certifiable or better. For development proposals of 50,000 square feet or greater, as of Jan 1, 2008, they would be required to be LEED certifiable or better and starting in January, 2010, they would have to be certifiable at the LEED Silver level or better.

Ms. Farooq informed the committee that approximately 80% of Cambridge’s greenhouse gas comes from buildings, and thus meeting the City’s climate control policy goals requires attention to reducing the greenhouse gas from buildings. She noted the City’s achievements in it own building projects: the 344 Broadway building is LEED certified at the Gold level and the Athletic Building is certified at the Silver level. Currently in Cambridge, there are a total of nine LEED certified buildings. To be certifiable, the building project must meet certain prerequisites and performance benchmarks (credits). Projects are awarded Certified, Silver, Gold or Platinum certification depending on the number of credits they achieve. For the Certified level, a project must meet 26 of the criteria on the checklist; to be certifiable at the Silver level, a building must meet 35 of the criteria.

Councillor Davis said that Boston has passed a requirement that all new buildings must be "green." She asked how this proposal compares with Boston’s new law. Ms. Farooq stated that Boston requires all buildings 50,000 square feet or larger to meet the basic certification level. Cambridge’s proposal is stronger.

Councillor Murphy then invited public comment.

Jerrad Pierce, 8 Beech Street, spoke in support of the ordinance. He expressed his pleasure with the inclusion of the smaller developments of between 25,000 and 50,000 square feet. He suggested the use of incentives such as reductions in fees to encourage the developments that are not required to be certifiable to achieve LEED certification.

Kathy Podgers, Pearl Street, said that she would like to see standards of visibility and LEED. She stated that she would like to see stronger standards than those presently proposed. She said that this proposal does not address energy conservation ht the management of buildings. She suggested building in a reward system.

Terrence Smith, Director of Government Affairs, Cambridge Chamber of Commerce, submitted written testimony (Attachment A) and summarized this document in his remarks. He stated that the Chamber is supportive of energy efficiency and "green" building. He noted that LEED is not a standard; it is a rating system. He said that this ordinance is not necessary in Cambridge, given the type of building in Cambridge. Cambridge businesses and property owners have demonstrated that they understand energy efficient and environmental building design. He said that the Chamber supports a full and careful discussion of this proposal. The Chamber’s concerns are necessity, complexity, capacity and relationship to the City’s goals. He urged the Ordinance Committee to support the Planning Board’s recommendation that a task force be formed to fully discuss the issues.

Steve Reckhow, 305 Harvard Street, spoke in support of sustainable development and noted the importance of using different standards.

Councillor Murphy then invited discussion by committee members.

Councillor Davis moved that the proposed amendment be forwarded to the full City Council with a positive recommendation.

Councillor Murphy noted that the Planning Board had just had its hearing on the proposal and asked Susan Glazer if she could provide any information about the Planning Board’s discussion. Ms. Glazer submitted a copy of the Planning Board’s recommendation. (Attachment B). Councillor Murphy read the Planning Board recommendation, including a recommendation for a task force to explore several technical issues before adopting an ordinance. He asked Ms. Glazer to elucidate. Ms. Glazer said that the Planning Board wanted more information about costs, including costs for affordable housing, and information about other technical issues such as interaction with state building requirements.

Councillor Decker said that Boston did have a task force that met for two years. Partly because of their work, there should be a faster track for this ordinance. Perhaps there should be a joint meeting of the Ordinance Committee and Planning Board, maybe with some of the members of the former Boston task force.

Councillor Murphy suggested leaving the proposal in committee and having a working meeting with the Planning Board to try to narrow the scope of issues, perhaps including someone from the Boston task force and in the meantime, requesting that the City Solicitor address the legal issue about interaction with state building requirements raised by the Planning Board.

Councillor Kelley said that he would favor a narrowly based discussion on the legal issue.

It was agreed without objection that the petition would remain in committee. Councillor Murphy submitted the following motion:
ORDERED: That the City Solicitor be requested to research and report back to the Ordinance Committee as to whether the amendment as currently proposed conflicts with the State Building Code.

The motion passed on a voice vote without objection.

Councillor Murphy 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, Chair

AMEND THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF CAMBRIDGE BY DOING THE FOLLOWING.

A. In Article 11.000, create a new Section 11.20 – Green Building Requirements to read as follows:

ARTICLE 11.000 SPECIAL REGULATIONS

11.10 TOWNHOUSE DEVELOPMENT

11.20 GREEN BUILDING REQUIREMENTS

11.30 FAST ORDER FOOD ESTABLISHMENTS

11.40 DELETED See Article 19.000

11.50 DELETED See Article 20.000

11.60 DELETED See Article 20.000

11.70 DELETED See Article 20.000

11.80 EMPLOYMENT PLAN COMPLIANCE PROCEDURE

11.90 DELETED

11.100 DELETED See Article 20.000

11.200 AFFORDABLE HOUSING REQUIREMENTS

11.300 DELETED See Article 20.000

11.400 DELETED See Article 20.000

11.500 PLANNING OVERLAY REQUIREMENTS

11.20 GREEN BUILDING REQUIREMENTS

11.21 Statement of Purpose. This Section 11.20 is adopted to ensure that major new projects and substantially rehabilitated buildings in the City of Cambridge are planned, designed, constructed and operated in a sustainable way so as to minimize the adverse environmental impacts of their initial construction and as they are occupied and operated over the course of their useful lives. It is the purpose of this Section 11.20 to encourage the reuse of existing buildings and materials; to encourage the conservation of natural resources and reduction of toxins in new construction and substantial rehabilitation of existing buildings through selection of recycled and otherwise environmentally appropriate building materials and methods; to ensure a reduction in the use of energy in both the initial construction of the project and in its daily operation; and to encourage an arrangement of buildings and mix of uses, on individual lots and within the city as a whole, that will foster pedestrian, bicycle, and public transit use in the city. While the provisions of this section apply to projects of 25,000 square feet or larger, developments of all sizes are encouraged to incorporate sustainable design principles.

11.22 Applicability. Any new construction, or substantial rehabilitation of an existing building for an existing or new use, that totals 25,000 square feet of Gross Floor Area or more and that (1) requires the issuance of a special permit under any provision of this Zoning Ordinance (including but not limited to special permits required in Article 13.000 – Planned Unit Development Districts, Section 19.20 – Project Review Special Permit, and Section 5.28.2 – Conversion of Non-Residential Structures to Residential Use) or (2) is subject to the provisions of Section 19.50 – Building and Site Plan Requirements, shall be subject to the requirements of this Section 11.20.

11.23 Requirement.

1. For Construction of at Least 25,000 Square Feet of Gross Floor Area but Less Than 50,000 Square Feet.
Such projects, for which a Building Permit is issued on or after Jan 1, 2008, shall be required to submit a completed, most current, appropriate LEED Registered Project Checklist reflecting the intended design details of the building(s). Projects for which a building permit is issued on or after Jan 1, 2010, shall be required to meet the requirements of the most current, appropriate LEED building rating system at the level ‘Certified’ or better.

LEED, when used in this article 11.20, refers to the Leadership in Energy and Environmental Design Green Building Rating System as developed and revised from time to time by the United States Green Building Council (USGBC)

2. For Construction of 50,000 Square Feet or More of Gross Floor Area.
Such projects, for which a Building Permit is issued on or after Jan 1, 2008, shall be designed to meet the requirements of the most current, appropriate LEED building rating system at the level ‘Certified’ or better. Projects for which a building permit is issued on or after Jan 1, 2010, shall be required to meet the requirements of the most current, appropriate LEED building rating system at the level ‘Silver’ or better. The point for Energy and Atmosphere/Measurement and Verification from the LEED Registered Project Checklist must be achieved in both cases.

11.24 Procedures. Any project subject to this Section 11.20 shall comply with the following procedural requirements.

1. Special Permit Application or Section 19.50 Compliance Documentation. As an element of the application or documentation, the applicant shall submit the appropriate LEED Project Checklist indicating how the project is anticipated to meet the requirement of Section 11.23 above. The applicant shall identify the designated LEED Accredited Professional for the project. The Checklist shall be accompanied by such documentation as is appropriate to demonstrate the anticipated methods by which compliance with the requirements of this Section will be achieved at the time of construction of the authorized project.

2. The following requirements shall apply to all development subject to this section 11.24:

a. Prior to the issuance of the first Building Permit for each authorized building.

(1) Submittal of a draft LEED certification package prepared by a LEED Accredited Professional to the Inspectional Services Department (ISD) and the Community Development Department (CDD) , outlining compliance with certification level required by this Section 11.20.

b. Prior to issuance of the first Certificate of Occupancy for each authorized building.

(1) Submittal of the final LEED certification package to the ISD and CDD indicating in detail how the requirements in Section 11.23 above are being met.

(2) Written certification by the LEED Accredited Professional that the requirements in Section 11.23 above have been met.

c. Subsequent to the issuance of a Certificate of Occupancy

(1) Within eighteen months of the issuance of the final Certificate of Occupancy for each building, submittal of a report to the CDD outlining the results of the measurement and verification procedures to date for that building.

d. Community Development Department Certifications. The Community Development Department shall certify to the Inspectional Services Department that all conditions of this Section 11.23, and any special permit conditions related thereto, have been met before issuance of any Building Permit or Certificate of Occupancy.

B. In Article 10.000 inset a new Section10.49 to read as follows:
10.49 Any special permit authorizing new construction or substantial rehabilitation of a building totaling 25,000 square feet or more shall be subject to the provisions of Section 11.20 of the Zoning Ordinance.

C. In Article 19.000, insert a new Section 19.510 to read as follows:
19.510 Green Building Requirements. The requirements of Section 11.20 shall be met.

QUESTION COMES ON ACCEPTING REPORT, PASSING TO A SECOND READING AND ADOPTING ONE ORDER on Oct 15, 2007

Committee Report #4
The Ordinance Committee held a public hearing on Oct 3, 2007, beginning at 5:10pm in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Municipal Code to add a new Section 2.125 entitled "Cambridge Gay, Lesbian, Bisexual and Transgender (GLBT) Commission".

Present at the meeting were Councillor Brian Murphy, Chair of the Committee, Mayor Kenneth E. Reeves, Councillor Henrietta Davis, Councillor Craig Kelley, Vice Mayor Timothy J. Toomey and City Clerk D. Margaret Drury. Also present were Nancy Glowa, Deputy City Solicitor, John Gintell, Co-Chair, GLBT Commission, 9 West Street, Jeffrey Walker, Co-Chair, GLBT Commission, 367 Harvard Street, #7; Lesley Phillips, member, GLBT Commission, 1643 Cambridge Street, and Kathy Podgers, resident, Pearl Street.

Councillor Murphy convened the hearing and explained the purpose. He invited a presentation by the Co-Chairs of the GLBT Commission.

John Gintell provided a brief history of the creation of the GLBT Commission. In 2003, in response to concerns raised by members of the GLBT community and other Cambridge residents about a number of issues affecting the GLBT community, the City sponsored a GLBT town meeting. In response to the action items developed at that meeting the City Council adopted an order in February 2004 requesting the City Manager to appoint a GLBT Commission. Thus, unlike most other commissions created in Cambridge by municipal government action, the GLBT Commission was not created by an ordinance.

Mr. Gintell said that the City Manager appointed the commission in the fall of 2004, and the commission had its first meeting in the spring of 2005. The commission has been meeting monthly since then, and has formed subcommittees, one of which was charged with developing an ordinance for the GLBT Commission. Members of the commission are proud of what the commission has achieved, but there is a great deal of work to be done, and the ordinance will enable the commission to accomplish more. The ordinance provides for an executive director; he does not know whether a fulltime director is needed, but having an executive director would make a big difference.

Mr. Walker emphasized the importance of the adoption of an ordinance as soon as possible. Some of the commissioners have left and new commissioners will not be appointed until the ordinance is in place. The commission has come to a point where the vacancies really need to be filled. On average each commissioner is devoting five to seven hours per month to this work. They are doing a lot, and they would like to be doing more.

Mr. Gintell said that they had a question about whether section 125.070 B clearly empowers the commission to work with the School Department. Councillor Davis asked whether the Health Alliance should be explicitly included in that section as well. Deputy City Solicitor Glowa said that section as currently written would cover work with the School Department and the Health Alliance. The School Department is a department of the City and the Health Alliance includes the Chief Public Health Officer of Cambridge, who is a department head.

Mr. Walker said that the fact that there are currently vacancies, along with the fact that some commissioners do not attend meetings, has given them concerns about having a quorum for their meetings. Ms. Glowa said that is one reason why her office is suggesting that the ordinance provide a range of ten to fifteen for the number of commissioners established by the ordinance. If there are vacancies, then the quorum will be a majority of the current members, six if there are ten members, going up to eight if there are fifteen members.

Mr. Gintell said that the Commission has adopted bylaws, and the bylaws provide that the quorum is a majority of the active members. Ms. Glowa stated that she would do some research about whether there is any problem with defining by bylaw a quorum based on the number of active members attending rather than the number of appointed members.

Councillor Kelley asked whether the requirement of Section 2.125.030 F that the commission membership be representative of all socioeconomic segments of the city would create a difficulty for the commission’s ability to function. Ms. Glowa said that the City Solicitor’s draft includes the language "to the extent practicable" because the City has had experience with the difficulties that boards and commissions faced when the existence of specific categories for membership requirements led to lengthy vacancies. With the inclusion of the suggested language, she does not believe that the section creates any impediment to having a functioning commission.

Councillor Kelley asked whether section 2.125.070 should be broadened to include as a power and duty of the commission working with the City’s vendors, just as the proposed CORI ordinance includes these vendors. Ms. Glowa explained that provisions of the CORI ordinance are directed at the conduct of vendors, while this ordinance is establishing an advocacy commission which is not particularly directed at vendors.

Councillor Murphy suggested that the commission members should determine whether there was any need to expand the provisions of that section. He thanked Mr. Walker and Mr. Gintell for their work as co-chairs, and commended the GLBT Commission on the remarkable progress it has made since its inception. He asked whether they were satisfied with the draft with the proposed changes by the City Solicitor’s Office. Mr. Gintell and Mr. Walker answered in the affirmative.

Councillor Murphy then invited public comment.

Kathy Podgers, Pearl Street, stated that as a person with a disability and an advocate for persons with disabilities she sees some important commonalities of disabled persons and members of the GLBT community. Over the years persons with disabilities have faced some very extreme forms of prejudice and have been targets of public misunderstanding, abuse and hatred. She spoke in support of this ordinance and urged the Ordinance Committee to recommend adding disabled persons to the enumerated groups to be represented in commission membership and with whom the executive director must have an ability to work.

Lesley Phillips, 1653 Cambridge Street, member of the GLBT Commission, described her experience in being appointed to a state commission on GLBT rights and issues by the governor of Pennsylvania thirty years ago. She said that members of the commission are looking forward to the passage of this ordinance to continue their work. With regard to the question of changing the powers and duties of the commission, she stated that the description is taken from the mission statement of the GLBT Commission, so any changes to the scope should be discussed by the commission.

Councillor Kelley moved that the proposed ordinance Chapter 2.121 be amended as follows:
ORDERED: That Section 2.125.030 F be amended to insert the word "ability" such that the section reads as follows: "The Commission, to the extent practicable, shall be representative of all socio-economic, age, racial, ability and gender-identifying segments of the City as well as different neighborhoods."
And be it further
ORDERED: That Section 2.125.050 B be amended to insert the word "abilities" such that the section reads as follows:
"The prospective Executive Director of the Commission shall have demonstrated administrative expertise, a background of direct participation in the advancement of GLBT interests as well as the promotion of social justice, and the ability to work with GLBT individuals of various socioeconomic backgrounds races, national origins, gender identities, ages and abilities."

The motion passed on a voice vote without objection.

Councillor Davis moved that the Ordinance Committee refer the proposed ordinance as revised by the City Solicitor and including the amendments agreed upon by the Ordinance Committee to the full City Council with a favorable recommendation.

The motion passed on a voice vote without objection.

Councillor Murphy thanked all those present for their participation. The meeting was adjourned at 5:50pm on motion of Councillor Davis.

For the Committee,
Councillor Brian Murphy, Chair
QUESTION COMES ON ACCEPTING REPORT, ADOPTING ORDER, ADOPTING AMENDMENTS AND PASSING TO A SECOND READING on Oct 15, 2007

Committee Report #5
The Ordinance Committee held a public meeting on, Sept 5, 2007 beginning at five o’clock and thirty-five minutes P. M. in the Sullivan Chamber. The meeting was held for the purpose of continuing discussion on a proposed amendment to the Zoning Ordinance to further regulate fences (Attachment A).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee, Councillor E. Denise Simmons and City Clerk D. Margaret Drury. The following administrative staff attended the meeting: Beth Rubenstein, Assistant City Manager for Community Development (CDD), Lester Barber, Director of Land Use and Zoning, CDD and Rosalie Anders, Project Planner, Traffic and Environmental Planning, CDD

Councillor Murphy convened the meeting and explained the purpose. He stated that he has had some discussion with the members of the Pedestrian Committee who are proposing this ordinance. His sense is that the proponents believe that more work with the community is necessary. He said that he expects to recommend that there be no further action on this proposal at this time and that the CDD staff work with the proponents on the community meetings and public out reach.

Councillor Murphy requested that all present introduce themselves. He then invited comments.

Brian Culver, 385 Concord Avenue, provided background on the development of the proposal. He said that the Pedestrian Committee has been working on the issue of fences since 2000. The Pedestrian Committee was initially concerned with the issue of bicycles on sidewalks. As they started doing research, it became clear that corners were the biggest problem; especially corners with tall fences. They began doing research on fence law in other jurisdictions and found that beyond corners, there are two other fence safety issues:
1. There is no Massachusetts regulation at all of fence heights. The only law governing fences is the "spite fences" law which provide that fences over six feet high for no apparent reason except annoying abutting neighbors shall be deemed to be private nuisances. Based on this law, they drafted a provision limiting as-of-right fence height law to six feet.
2. The other issue that came to their attention was the body of opinion regarding the importance of first yard visibility for crime prevention purposes.

Mr. Culver said that working drafts of the fence ordinance were reviewed by some city staff and discussed with some elected officials. The Pedestrian Committee presented the proposal to the Planning Board in July, 2007. The Planning Board was generally encouraging but suggested several modifications.

Robert Skendarian, Cambridge Street, stated that just because another city has a fence ordinance does not mean Cambridge needs one. He has two small children and a corner lot. Six different level-2 child molesters live within ¼ mile. A four-foot fence will not prevent someone from reaching over the fence and grabbing his children and will not make people more likely to help someone in trouble. Mr. Skendarian said that he lives on a busy street and want the privacy that a fence provides to be able to eat outside with his family.

Councillor Murphy asked whether Mr. Skendarian could conceive of a fence ordinance and that could meet his concerns. Councillor Murphy noted that if they do go forward, corner lots may require different treatment from other lots. Mr. Skendarian said that there are also issues with bus stops.

Jonathan Cole, 15 Hemlock Road, asked why a proposal from the Pedestrian Committee would address backyard fences. It is very expensive to apply for a variance and the ordinance provision regarding variances is very vague. He would propose that if abutting neighbors who share at least four feet of lot lines agree on a higher fence, they could submit notarized letters to the BZA. The proposal also does not take into account variations in property grades.

Mr. Cole said that, with regard to the issue of crime prevention and security, police often suggest fences for increasing security. He suggested that the Pedestrian Committee get input from the police as to their opinion about fences. Mr. Cole also raised concerns about dogs jumping fences. He added that if you regulate fences, people will put bushes at the property line instead.

Robert Colannino, 34 Buckingham Street, asked whether the Pedestrian Committee asked residents how they felt and/or collected data about their opinions. He said that they have a lot of fences on Buckingham Street and Craigie Street, and they have fences for reasons. On Buckingham Street, there are problems with traffic from the school and pollution from the traffic. When their house was burglarized, the police suggested putting up high fences. The police made the same suggestions to his mother and neighbors across the street. Sunbathing, gardening, keeping kids safe in the yard would all become more difficult. Fences also help with light pollution. Unless they could prove to him that there is really a big problem for pedestrians, he would feel very put upon to be subject to this type of regulation.

Richard Dionne, 88 Ellery Street, asked whether anyone has studied how many properties would be put into nonconformity. He counted 50 fences in his neighborhood that would become nonconforming. He has a seven-foot fence, which he believes he has every right to keep. It is puzzling that a privacy and property issue is coming from the Pedestrian Committee.

Lawrence Blum, 149 Prospect Street, stated that he was at the hearing mostly to listen but he lives on Prospect Street and has a six-foot fence in his front yard. He believes he has a good reason for having a fence that high.

Helen Fairman, Cushing Street, stated that she has several perspectives-pedestrian, homeowner and dog owner. A four-foot fence is not high enough to secure many types of dogs. With regard to the issue of solid versus porous fences, many dogs behave much better with a solid fence. She asked whether securing a dog would be seen as sufficient reason for a variance. Ms. Fairman stated that she also has concerns about the effect of such restrictions on property values.

Amanda Trombley, 10 Chester Street, Chair of the Pedestrian Committee, that Boston, Somerville and other surrounding cities have fences ordinances. Most members of the Pedestrian Committee are homeowners. She was misquoted in the Cambridge Chronicle. The Pedestrian Committee would like to make the variance process really easy. She believes that securing a dog would be a good reason for a variance. Ms. Trombley noted that there are difficulties collecting data. She said that the City does not track fences. Also, data from accidents where people do not go to the hospital often does not exist because the accident is not reported to the police. This ordinance is not about aesthetics; it is about safety. She would like more time to talk with members of the community.

Peter Valentine, Brookline Street, said that the problem is that people are delusional. There is only one place where it is reasonable to regulate fences, at the corner. We have to allow people the opportunity to come home and regenerate their souls in their own way. Bicyclist are also delusional-they do not slow down at intersections. Car drivers are on cell phones or listening to music. He urged beginning with a simple fence ordinance. Mr. Valentine also submitted written testimony (Attachment B).

Merhi Sater, 107 Auburn Street, said that City enforcement of parking rules at corners could do more to improve visibility and safety than fences. A property owner’s fence is there for safety. He said that he has a low fence out front so that he can see through the window but in his backyard he needs a six-foot fence, and he does not want to have to go to the BZA and wait six months for permission.

Jill Sherman, 107 Auburn Street, said that she does not like the idea of not being able to have the fence that she believes that she needs.

Councillor Murphy thanked all those present for their input. He said that he expects that this proposal will be allowed to expire without further action. He submitted the following motion:
ORDERED: That the Community Development hold additional public meetings on the ordinance of a fence issue and that they also seek input from the police on this matter.

The motion passed on a voice vote without objection.

Councillor Simmons agreed that more conversation is necessary. She said that she can see both sides of this issue. As an insurance agent, she is very aware of how many people careen into each other, especially at corners. At home, she is surrounded by high fences and feels secure.

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

For the Committee,
Councillor Brian Murphy, Chair
QUESTION COMES ON ACCEPTING REPORT AND PLACING ON FILE on Oct 15, 2007