Cambridge City Council meeting – October 20, 2003 – AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-88, regarding a report on current staffing levels of patrol officers throughout the City and the condition of the entire fleet of police cruisers.
2. Transmitting communication from Robert W. Healy, City Manager, relative to a communication from the Planning Board regarding (1) City Council Petition to rezone city parks from their current, various zoning district designations to the Open Space District, and (2) Planning Board Petition to modify use regulations in the Open Space District.
3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from Boston Adult Literacy Fund for $7,000 to the Grant Fund DHSP Salaries and Wages account ($3,197) and Other Ordinary Maintenance ($3,803) account to provide staff to hire and train two student leaders to direct workshops on family literacy at the Community Learning Center.
4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a State Formula grant from the Massachusetts Executive Office of Elder Affairs for $59,825 to the Grant Fund DHSP Salaries and Wages account ($9,600), Other Ordinary Maintenance ($49,209) account and Travel and Training account ($1,016) to provide substance abuse services for seniors, provide transportation for Cambridge seniors to medical appointments as well as weekly food shopping.
5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Young Adults with Learning Disabilities Project grant from the Massachusetts Department of Education for $33,000 to the Grant Fund DHSP Salaries and Wages account ($30,107) and Other Ordinary Maintenance ($2,893) account to provide staff and program development that will lead towards implementation of improvements in Community Learning Center services to learning disabled students.
6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Civic Education Grant from the Massachusetts Department of Education, Adult and Community Learning Services for $88,169 to the Grant Fund DHSP Salaries and Wages account ($76,377), Other Ordinary Maintenance ($10,992) account, and Travel and Training ($800) account to provide four school year ESOL classes and one summer class at the Community Learning Center, which have a focus on civic education.
7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Project Playgroup Support Program Grant from the Mass Dept. of Education for $12,000 to the Grant Fund DHSP Other Ordinary Maintenance account to provide ongoing development of playgroups developed though the collaboration of the Cambridge Public Schools and the Center for Families.
8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation from the Somerville-Cambridge Elder Services for $7,680.40 to the Grant Fund DHSP Other Ordinary Maintenance account to provide additional food and nutrition services for seniors at Cambridge Senior Centers.
9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation from the Mt. Auburn Hospital for $9,450 to the Grant Fund DHSP Salaries and Wages account ($8,490) and Other Ordinary Maintenance ($960) account to support an ESOL class and its related services provided by the Community Learning Center.
10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $155,000 from commercial rental receipts from the First Street garage facility to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds for the replacement of play equipment at Charles Park and the acquisition of additional seating area furniture at Lechmere Canal Park.
11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from Federal Congestion Mitigation and Air Quality (CMAQ) funds through the Massachusetts Highway Department (MassHighway) for $73,896 to the Grant Fund Community Development Other Ordinary Maintenance account to provide funds for the majority of funding for the EZRide shuttle service which connects North Station and Kendall Square and University Park as well as intermediate points.
12. Transmitting communication from Robert W. Healy, City Manager, relative to the reallocation of the $500,000 in bond proceeds issued on December 15, 2001 to fund the Lafayette Square Reconstruction Project to the Cambridge Street Improvement Project. I am also requesting that the $500,000 appropriation be rescinded.
13. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $600,000 in Free Cash to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds for the Massachusetts Avenue/Lafayette Square Improvement Project environmental remediation and streetscape enhancements not funded Mass Highway.
14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-87, regarding the planning process for Massachusetts Avenue from the Cambridge Common north to Porter Square.
15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-106, regarding a report on the condition of the Cambridge Common.
16. Transmitting communication from Robert W. Healy, City Manager, relative to the reappointment of the following persons as members of the Cambridge Historical Commission for a term of three years for a term to expire September 30, 2006:
William B. King, 25 Hurlbut Street, Cambridge, MA 02138
Allison Crump, 58 Pleasant Street, Cambridge, MA 02139
17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Cultural Council for $2,980 to the Grant Fund Historical Other Ordinary Maintenance account to support general operating activities of the Historical Commission.
18. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention for $100,000 to the Grant fund DHSP Salaries and Wages account ($72,095), Other Ordinary Maintenance account ($26,405), and Travel and Training account ($1,500) to provide funds for the Cambridge Prevention Coalition to implement the “Communities Mobilizing for Change on Alcohol” Project that will focus on reducing underage youth access to alcohol in Cambridge.
19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $583,000 in Free Cash to the Public Investment Fund Public Works Extraordinary Expenditures account to provide funds for the completion of the 57 Inman Street (City Hall Annex) renovation project which includes costs associated with interior furnishings and equipment.
20. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as public weighers for the remainder of 2003 at MICH-LIN transfer station, 45 Mooney Street:
Lauren Mary Mabardy and Lisa Marie Saverse
CHARTER RIGHT
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-99, regarding report on the City's policy of assessing $100 fines for the sounding of house burglar alarms.
ON THE TABLE
2. Transmitting communication from Robert W. Healy, City Manager, relative to a Landmark Designation Study Report for Shady Hill Square. 1-11 Shady Hill Square, 36 Holden Street.
3. Transmitting communication from Robert W. Healy, City Manager, relative to the Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.
4. Request the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.
5. Requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.
6. Requesting the City Manager to direct the City Solicitor to draft a home rule petition to enable the City Manager to approve curb cuts.
7. Transmitting communication from Robert W. Healy, City Manager, relative to Calendar Item No. 1, dated 11/4/02, regarding the implementation of land use and zoning recommendations of the Cambridgeport Neighborhood Study.
8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-102, regarding a report on how the Cambridge Housing Authority's emergency switches in resident units function.
UNFINISHED BUSINESS
9. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.
10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on July 30, 2003 for the purpose of considering:
Petition re-filed by the Planning Board to amend the zoning in the Riverside area and
Petition re-filed by Robert S. Carlson et al., to amend the zoning in the same area.
11. A communication was received from D. Margaret Drury, City Clerk, transmitting a Certification from the Election Commission of the signatures on an initiative petition entitled "Ordinance Regulating Residential Rents and Evictions." Two objections to the certification have been filed.
ITEM MOVED FROM THE TABLE BY COUNCILLOR MAHER.
MEETING ADJOURNED BEFORE ITEM WAS ACTED UPON.
APPLICATIONS AND PETITIONS (items carried over from adjourned meeting of Sept 29 highlighted in purple)
1. An application was received from Kendall Square, LLC, requesting five curb cuts at the premises numbered 364 Third Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation with conditions, Historical and Public Works pending Traffic and Parking conditions. Two neighborhood association letters were sent. One neighborhood association approved and the other association responded that it needs more information to make a decision.
2. An application was received from Travel Cuts, requesting permission for a sandwich board sign at the premises numbered 56 JFK Street.
3. An application was received from the Korean Methodist Church, requesting permission for a sandwich board sign at Avon and Linnaean Streets and Massachusetts Avenue and Linnaean Street.
4. An application was received from Sugar & Spice, requesting permission for a sign and four awnings at the premises numbered 1933 Massachusetts Avenue. Approval has been received from Inspectional Services, Community Development Department and abutters.
5. An application was received from Charlie's Barber Shop, requesting permission for a sign and a barber pole at the premises numbered 22 Eliot Street. Approval has been received from Inspectional Services, Community Development Department and abutters.
6. An application was received from Mount Vernon Strategies, requesting permission for a table and two chairs at the premises numbered 1436 Massachusetts Avenue. Permission letter received from landlord.
7. An application was received from the Recycling Division, Department of Public Works, requesting permission for a table and two chairs in front of City Hall for Thursday, November 13, 2003 from 11:00am to 2:00pm in honor of America Recycles Day.
8. An application was received from Citizens Bank, requesting permission for a sign at the premises numbered 1290 Massachusetts Avenue. Approval has been received from Inspectional Services, Community Development Department and abutter.
9. An application was received from Charlie’s Kitchen, requesting permission for a bench at the premises numbered 10 Eliot Street.
10. Approval of constable bond surety received from Daniel Evans.
11. An application was received from Harvard Square Shiatsu, requesting permission for a sandwich board sign across from the premises numbered 12 Arrow Street at Guffey Park (intersection of Massachusetts Avenue and Arrow Street).
12. An application was received from Henry J. Steiner, requesting a curb cut at the premises numbered 28 Madison Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Three neighborhood association letters were sent. Received approval from two neighborhood associations.
COMMUNICATIONS (items carried over from adjourned meeting of Sept 29 highlighted in purple)
1. A communication was received from Department of Telecommunications and Energy, regarding notice of a public hearing on September 30, 2003 at 11:00am relative to reducing the number of double utility poles within the Commonwealth, pursuant to Chapter 46 of the Acts of 2003, Section 110.
2. A communication was received from Lydia Vickers, regarding acquisition of space at 125 Harvard Street.
3. A communication was received from Renae Scott Grey, David Evans and Maria Darlington, Leadership Council Area 4 Coalition, regarding acquisition of space at 125 Harvard Street.
4. A communication was received from Skip and Lenore Schloming, regarding noise at 100 Inman Street.
5. A communication was received from the family of Reverend John M. Burgess, transmitting thanks to the Mayor and City Councillors for their message of sympathy.
6. A communication was received from Christy Mihos, transmitting thanks for its support.
7. A communication was received from Peter Valentine, regarding a food irradiation alert.
8. A communication was received from Senator Jarrett T. Barrios, transmitting support of the Carlson Rezoning Petition.
RESOLUTIONS (items carried over from adjourned meeting of Sept 29 highlighted in purple)
1. Extending best wishes to Karin Phillips on the closing of her antique shop and wish her the best in her future endeavors. Councillor Reeves
2. Resolution on the death of Ellen C. Rielly. Councillor Galluccio
3. Resolution on the death of Robert W. Sossong. Councillor Galluccio
4. Congratulating Katherine F. Abbott on her appointment as head of the Massachusetts Department of Conservation and Recreation. Vice Mayor Davis
5. Resolution on the death of Juanita Watson. Councillor Simmons
6. Sending the sincere hope of the City Council for a full recovery to Kathy and John Devaney. Mayor Sullivan
7. Sending the sincere hope of the City Council for a full recovery to Jimmy Rita. Mayor Sullivan
8. Resolution on the death of Clara E. Pierce. Mayor Sullivan, Councillor Galluccio, Councillor Toomey
9. Extending best wishes to Father Paul McPartland as he leaves Saint Peter's Parish and wish him well in the next chapter of his life. Mayor Sullivan
10. Congratulating James Keenan, S.J. on the occasion of receiving the Gasson Professorship/Chair for 2003-2005 at Boston College and thank him for his continued commitment to education. Mayor Sullivan
11. Welcoming Father Michael Ford to the City of Cambridge as he joins the Clergy at Saint Peter Parish. Mayor Sullivan
12. Resolution on the death of Patricia M. Gauthier. Mayor Sullivan
13. Expressing heartiest congratulations and best wishes to Charles and Cynthia Franks on the occasion of their Fiftieth Wedding Anniversary and wish them continued health and happiness in the future. Councillor Decker
14. Resolution on the death of Frances M. Andrew. Councillor Toomey
15. Resolution on the death of James Dennis Leary. Mayor Sullivan
16. Resolution on the death of Kathleen R. (McHugh) Boutin. Councillor Galluccio
17. Congratulating Noelle Serpa Akin on her twenty-five years of service to the Saint Anthony's Parish Community. Councillor Toomey
18. Resolution on the death of Marion Benoit. Councillor Galluccio
19. Congratulating the Franciscan Hospital for Children on the occasion of the completion of the renovation of its Outpatient Area and wish them continued medical success. Mayor Sullivan
20. Congratulating the Youville Hospital Golf Committee on the occasion of its 10th Annual Charity Golf Invitational on September 29, 2003 at the Salem Country Club and hope the outing is a tremendous success. Mayor Sullivan
21. Thank Middlesex Sheriff James V. DiPaola and his staff for once again holding its Middlesex Youth Public Safety Academy. Mayor Sullivan
22. Resolution on the death of Adolph H. Balordi. Councillor Toomey
23. Resolution on the death of Eileen M. O'Connor. Councillor Galluccio, Mayor Sullivan
24. Resolution on the death of Florence M. Loder. Mayor Sullivan, Councillor Toomey
25. Congratulating Tom Birmingham, Esq., as he joins the Law Firm of Palmer & Dodge LLP and wish him great success. Mayor Sullivan
26. Congratulating Timothy Haroutunian on the occasion of his becoming an Eagle Scout and proclaim Sunday, November 23, 2003 as Timothy Haroutunian Day in Cambridge. Mayor Sullivan
27. Extending wishes for a speedy recovery to Malik Hill. Mayor Sullivan
28. Congratulating Sam Bass Warner and Diane Kleiner on their marriage and extend best wishes for many years to come and thank Sam for his active involvement in the Cambridge community. Vice Mayor Davis
29. Congratulating Ellen Zucker and Ellen Klegg on the birth of Jacob Richard Zucker. Councillor Decker
30. Extending Happy Birthday wishes to Marvin Gilmore. Councillor Decker
31. Extending Happy Birthday wishes to Michael Kenney. Councillor Decker
32. City Council go on record thanking Senate President Robert Travaglini, Staff Person Jim Gandolfe, State Representative Timothy J. Toomey, Jr., and Mayor Michael A. Sullivan for their efforts to gain City control of the Simeoni Skating Rink. Councillor Galluccio
33. Thanking all City employees who participated in a wonderful celebration of Danehy Park Family Day, especially Maryellen Carvello. Councillor Galluccio
34. Extending wishes for the Best of Luck to Robert Cogan and Pozzi Escot on their Visions Concert to be held at the New England Conservatory on October 29, 2003 and the world premiere of their music. Councillor Murphy
35. Congratulating Reverend Ward on his ordination to the Christian ministry. Councillor Reeves
36. Congratulating T.T. and the Bears on the occasion of its 30th Anniversary. Councillor Reeves
37. Congratulating the Schlesinger Library and the Radcliffe Institute on its upcoming Conference on African-American Women Leadership. Councillor Reeves
38. Honor Judy Norris’ service to our community and the Cambridge Women's Center by declaring Saturday, October 4, 2003, Judy Norris Health Day. Councillor Decker
39. Resolution on the death of Margery L. Fulham. Mayor Sullivan
40. Resolution on the death of Anna "Annie" Amendola. Councillor Toomey, Mayor Sullivan, Councillor Galluccio
41. Congratulating North Cambridge Catholic High School on its special celebration "Introducing Veritas" to be held at the Boston College Club on October 21, 2003. Councillor Toomey
42. Resolution on the death of George Plimpton. Mayor Sullivan
43. Resolution on the death of Argeo R. Cellucci. Mayor Sullivan, Councillor Toomey
44. Congratulating Reverend J. Bryan Hehir on being named head of Catholic Charities for the Archdiocese of Boston. Mayor Sullivan
45. Wishing the Red Sox much success as they go into the play-offs. Mayor Sullivan
46. Resolution on the death of Stephen H. Cyr. Councillor Maher, Mayor Sullivan
47. Resolution on the death of Irene Kough. Councillor Maher
48. Resolution on the death of Argyro Philippides. Councillor Galluccio
49. Resolution on the death of Grace M. Vera. Councillor Galluccio, Mayor Sullivan, Councillor Toomey
50. Urging the City Council to be cognizant of an event hosted by Jimmy Tingle on November 30, 2003 at his Off-Broadway Theatre in Davis Square, Somerville which will benefit CASPAR, Inc. and thank Jimmy Tingle for all he has done to help the citizens of Cambridge. Mayor Sullivan
51. Extending Happy Birthday wishes to James Michael McGovern on his 60th Birthday. Councillor Decker
52. Urging the City Council to be cognizant of the rally of American Postal Workers Union AFL-CIO Boston Metro Area to be held on Boston Common on Saturday, October 18, 2003 from noon to 3 P.M. Councillor Toomey
53. Congratulating Lawrence and Meghan Hopkins on the birth of their beautiful new daughter Ava Violet Hopkins. Councillor Decker
54. Extending best wishes to Joe Finn in his future endeavors as he leaves his position at Shelter, Inc. Councillor Toomey
55. Congratulating the recipients of the Somerville-Cambridge Elder Service Employee Recognition awards to be presented on October 23, 2003 between 2:00 and 4:00 P.M. at St. Anthony's Parish Hall, Cambridge. Councillor Toomey
56. Congratulating Ed and Beth McFadden on the birth of their new daughter. Mayor Sullivan
57. Extending best wishes for a speedy recovery to Susan Eaton. Mayor Sullivan
58. Extending thanks to the Agenda for Children for organizing the event "Lights on Afterschool" to be held on City Hall Lawn on October 9, 2003 at 5:30 p.m. to promote Cambridge's afterschool programs. Mayor Sullivan
59. Congratulating the Governor's Commission on Gay and Lesbian Youth on their work to ensure safe environments for gay and lesbian youth throughout the Commonwealth and extend best wishes to the Friends of the Governor's Commission on Gay and Lesbian Youth for a successful upcoming benefit brunch. Mayor Sullivan
60. Expressing sincere speedy recovery wishes to Paul Sheehan. Mayor Sullivan
Withdrawn by unanimous consent
61. Welcoming Polcari's Restaurant to Cambridge and extend best wishes for great success. Mayor Sullivan
62. Commending the Cambridge Fire Department for their efforts to promote fire safety and provide for educational opportunities for Cambridge residents and urging the City Council to be cognizant of the Open House at the East Cambridge Fire Station on Saturday, October 11, 2003 from 11 a.m. to 5 p.m. to educate local families about family safety. Mayor Sullivan
63. Extending best wishes for a speedy recovery to Reb Moshe. Vice Mayor Davis, Mayor Sullivan
64. Wish St. Peter's Parish great success at the October 1 Feast of Saint Therese of Lisieux, the October 4th dedication of the statue of St. Francis of Assisi, the October 7th celebration in honor of the Blessed Virgin Mary and the October 18th St. Hedwig Oktoberfest. Mayor Sullivan
65. Extend best wishes for a speedy recovery to Tom Frank. Vice Mayor Davis
66. Resolution on the death of Johnny Cash. Mayor Sullivan
67. Resolution on the death of John Ritter. Mayor Sullivan
68. Extend best wishes for a speedy recovery to E.J. Frammartino. Councillor Toomey
69. Urging the City Council to be cognizant of CCTV's All Star Reception on October 19, 2003 at 5:30 P.M., celebrating "CCTV's Overall Excellent Adventure: The Voice and Vision of Cambridge - for 15 years." Councillor Toomey
70. Urging the City Council to be cognizant of the 5th Annual Observance of Italian Heritage Month in Massachusetts held at the State House on October 1, 2003 and the declaration of October as Italian Heritage Month. Councillor Toomey
71. Resolution on the death of William Sheehan. Councillor Galluccio, Mayor Sullivan
72. Resolution on the death of Reverend Joseph I. Collins. Mayor Sullivan
73. Resolution on the death of Mark E. Pridham. Councillor Galluccio
74. Resolution on the death of Elizabeth Hairston. Councillor Galluccio
75. Resolution on the death of Frank Caruso. Councillor Galluccio
76. Resolution on the death of Doris I. DeHart. Mayor Sullivan
77. Extend Happy Birthday wishes to Caetano (Guy) Vitao. Councillor Toomey
78. Congratulating Just-A-Start Corporation for receiving a grant from the state's Affordable Housing Trust Fund for the Scouting Way Apartments. Councillor Toomey
79. Congratulating Manuel Stefanakis on his appointment as a permanent Board Member on the U.S. Commerce Department's Balkans Advisory Council and extend best wishes for his service to the Council. Vice Mayor Davis
80. Resolution on the death of Jeannette M. Kenney. Mayor Sullivan
81. Resolution on the death of Mildred A. O'Neill. Mayor Sullivan, Councillor Toomey, Councillor Galluccio, Councillor Maher
82. Resolution on the death of Paul L. Sheehan. Mayor Sullivan
83. Resolution on the death of Charles M. Johnston. Mayor Sullivan
84. Congratulating David Noyes on the occasion of his appointment as the new Police Chief of the Waterville Valley, N.H. Police Department. Mayor Sullivan
85. Resolution on the death of Joseph Angier. Councillor Toomey
86. Resolution on the death of Daniel Chaves. Councillor Toomey
87. Resolution on the death of John Dunlop. Councillor Toomey
88. Congratulating Christopher and Kristin Aufiero on the birth of their son Christopher Joseph Aufiero. Councillor Toomey
89. Resolution on the death of Caesar Pacheco. Councillor Toomey
90. Extending Happy Birthday wishes to Tom Rafferty. Councillor Decker, Mayor Sullivan
91. Extending Happy Birthday wishes to Gary Vrostos. Councillor Decker, Mayor Sullivan
92. Expressing appreciation and gratitude to John P. Sullivan for his invaluable service to the young people of Cambridge and wish him well on his retirement from the Cambridge School Department. Councillor Galluccio
93. Extending Happy Anniversary wishes to Joseph and Johnnie Bourne on their 62nd Wedding Anniversary. Councillor Reeves
94. Thank the City's citizens, mayor and elected officials for their warm reception of Mayor Gabriel Nze, Member of Parliament Bobbie Assah Emelienne and Vice-Mayor Deroit from Dimbokro, Cote d'Ivoire. Councillor Reeves
95. Congratulating Saul and Gitta Kurlat on receiving the Double Helix Award. Councillor Toomey
96. Resolution on the death of Caroline T. Polley. Councillor Toomey, Mayor Sullivan
97. Resolution on the death of Patrice J. Luhan. Mayor Sullivan
98. Resolution on the death of John J. Coughlin. Mayor Sullivan, Councillor Galluccio
99. Resolution on the death of Mary E. Maidment. Councillor Galluccio
100. Resolution on the death of Mary E. McMorrow. Mayor Sullivan, Councillor Galluccio, Councillor Toomey, Councillor Maher
101. Resolution on the death of Mary Bolduc. Mayor Sullivan, Councillor Galluccio
102. Resolution on the death of Dolores M. Bulkowski. Mayor Sullivan, Councillor Galluccio
103. Resolution on the death of Arthur Higgins. Councillor Toomey
104. City Council go on record expressing gratitude to Marian Heard for her thirty years of dedicated service to the citizens of Massachusetts and wish her happiness in her future endeavors. Councillor Toomey
105. Resolution on the death of Isabel Vidal. Councillor Toomey
106. Extending prayers to Catherine E. Cooney. Mayor Sullivan
107. Resolution on the death of Civitina "Tina" Apicella. Mayor Sullivan
108. Expressing appreciation to George Madden for his thirty-two years of dedicated service to the citizens and to the City of Cambridge and wish him much happiness in his retirement. Mayor Sullivan
109. Expressing appreciation to Joy Allen-McNeill for her twenty years of dedicated service to the citizens and to the City of Cambridge and wish her much happiness in her retirement. Mayor Sullivan
110. Congratulating the North Cambridge Crime Task Force for receiving the National Night Out All-Star Award for 2003 and thank all the major sponsors who by their generosity and support make the Neighborhood Night Out Against Crime a success. Councillor Galluccio
111. City Council go on record urging all residents to honor the men and women who have defended our country, as well as those serving today, by celebrating Veterans' Day on November 11, 2003. Councillor Toomey
112. Congratulating the five organizational recipients of the Cambridge Peace Commission's 2003 Eighth Annual Peace and Justice Awards, which will be given at a ceremony on Saturday, October 25, 2003 from 7-9 P.M. at the Episcopal Divinity School. Councillor Toomey, Councillor Decker, Mayor Sullivan, Councillor Maher, Councillor Murphy, Councillor Galluccio
113. Congratulating the individual recipients of the Cambridge Peace Commission's 2003 Eighth Annual Peace and Justice Awards, which will be given at a ceremony on Saturday, October 25, 2003 from 7-9 P.M. at the Episcopal Divinity School. Councillor Toomey, Councillor Decker, Mayor Sullivan, Councillor Maher, Councillor Murphy, Councillor Galluccio
114. Congratulating Kwame Dixon, Head Coach of the Cambridge Rindge and Latin School Varsity Football team, on the occasion of being chosen as the New England Patriots Coach of the week and wish the team continued success. Mayor Sullivan
115. Congratulating SCM Community Transportation on the occasion of its 20th Anniversary of transporting seniors and people with disabilities and thank them for their continued dedication and compassion for these individuals residing in the City of Cambridge. Mayor Sullivan
116. Resolution on the death of Eleanor McMahon. Councillor Maher, Mayor Sullivan
117. Resolution on the death of Gerardo (Jerry) Tramontozzi. Councillor Maher, Mayor Sullivan
118. Congratulating the First Korean Church on the occasion of its 25th Anniversary. Mayor Sullivan
119. Urging the City Council to be cognizant of the Second Annual Cambridge Latino Film Festival, which will be held October 24, 2003 - November 2, 2003 and wish the event great success. Mayor Sullivan
120. Declaring the Month of October as Alewife Nature Awareness Month in Cambridge and acknowledge this precious resource and the work of the Friends of Alewife Reservation. Vice Mayor Davis
121. Congratulating the Castle School, its Board of Trustees, staff, students, families and alumni and its many community supporters and participants on the occasion of its 25th Anniversary and thank the school for its work and mission to assist youth with emotional and behavioral problems. Vice Mayor Davis
122. Expressing appreciation to Mary Bacci for her seventeen years of dedicated service to the citizens and to the City of Cambridge and wish her much happiness in her retirement. Mayor Sullivan
123. Congratulating Helen M. Walsh on the occasion of her retirement from the Middlesex Superior Court after ten years of dedicated service to the Commonwealth of Massachusetts and wish her well in the next chapter of her life. Mayor Sullivan
124. Congratulating Patricia M. Wall on the occasion of her retirement from the Middlesex Superior Court after twenty-seven years of dedicated service to the Commonwealth of Massachusetts and wish her well in the next chapter of her life. Mayor Sullivan
125. Congratulating Sarah M. Spinale on the occasion of her retirement from the Middlesex Superior Court after seventeen years of dedicated service to the Commonwealth of Massachusetts and wish her well in the next chapter of her life. Mayor Sullivan
126. Congratulating Theresa R. Kelly on the occasion of her retirement from the Middlesex Superior Court after twenty years of dedicated service to the Commonwealth of Massachusetts and wish her well in the next chapter of her life. Mayor Sullivan
127. Congratulating Vincent Demeo on the occasion of his retirement from the Middlesex Superior Court after nineteen years of dedicated service to the Commonwealth of Massachusetts and wish him well in the next chapter of his life. Mayor Sullivan
128. Congratulating Theresa M. D’Alba on the occasion of her retirement from the Middlesex Superior Court after ten years of dedicated service to the Commonwealth of Massachusetts and wish her well in the next chapter of her life. Mayor Sullivan
129. Resolution on the death of Jeanette M. Gravell. Councillor Toomey
130. Congratulating Matt O'Brien, CRLS Quarterback, for being recognized for his outstanding performance by the Boston Herald and extend best wishes to the CRLS football team who are having an outstanding season. Councillor Toomey
131. Congratulating all the honorees at the St. Paul A.M.E. Church's 130th Anniversary Luncheon on Saturday, October 18, 2003. Councillor Reeves
132. Congratulating Kelly Thompson Clark on her new position as President of the Cambridge Chamber of Commerce. Councillor Reeves
133. Congratulating the retirees of the Cambridge Teachers' Association who will be honored at a November 7, 2003 Celebration at the Radisson Hotel in Cambridge from 6-7 P.M. for retirees with 25 years of service to the district. Councillor Maher
134. Resolution on the death of Dahlia Doyle. Mayor Sullivan
135. Resolution on the death of Mary A. Sheehan. Mayor Sullivan
136. Resolution on the death of Theresa P. Giannino. Mayor Sullivan
137. Congratulating William Brennan on the occasion of his 85th birthday. Mayor Sullivan
138. Congratulating Bob Sweeney on the occasion of his 98th birthday. Mayor Sullivan
139. Congratulating Burdette Johnson on his 98th birthday. Mayor Sullivan
140. Resolution on the death of Paul G. Feloney, Sr. Mayor Sullivan, Councillor Maher, Councillor Toomey, Councillor Murphy
141. Resolution on the death of Robert W. McGrath. Mayor Sullivan, Councillor Galluccio, Councillor Maher
142. Resolution on the death of Gaetana J. “Lee” Barker. Councillor Galluccio, Mayor Sullivan, Councillor Maher, Councillor Toomey
143. Resolution on the death of Maria DaCosta. Mayor Sullivan
144. Congratulating the Cambridge Pop Warner D Team Cheerleaders on winning the Greater Boston League Cheerleading Competition. Councillor Galluccio, Mayor Sullivan
145. Congratulating the Boston Area Rape Crisis Center on the occasion of its thirtieth anniversary and thank them for their continued hard work and support for rape and sexual assault victims. Mayor Sullivan
146. Congratulating Cambridge residents Jennifer Singh, Steve Sillari and Susan Kale for completing the B.A.A. 3rd Annual 1/2 Marathon. Councillor Decker
147. Congratulating Councillor Decker on completing the B.A.A. 3rd Annual 1/2 Marathon. Mayor Sullivan, Vice Mayor Davis, Councillor Galluccio, Councillor Maher, Councillor Murphy, Councillor Reeves, Councillor Simmons and Councillor Toomey.
148. Extending wishes for a speedy recovery to Ruth Gore. Councillor Simmons
149. Resolution on the death of Joseph Coleman Casey. Councillor Toomey
150. Resolution on the death of the father of Mrs. Edmund D'Onofrio. Councillor Toomey
151. Resolution on the death of Mr. Murphy, father-in-law of Joseph Curtone. Councillor Toomey
152. Resolution on the death of Mrs. Rose. Councillor Maher
ORDERS (items carried over from adjourned meeting of Sept 29 highlighted in purple)
1. Dedicate an appropriate location in the vicinity of Prince Street in honor of Clifford Bonvie, Sr. Councillor Decker.
2. Requesting the City Manager to investigate the possible purchase of the print shop property located at 125 Harvard St., Aristocrat, Inc. of Cambridge. Councillor Simmons and Councillor Decker.
3. Requesting the City Manager to provide the City Council with more specific information on any trends or preventive measures regarding the increase in robberies and "semi-sprees" of robbery referenced in the Cambridge Police Department Second Quarter 2003 Crime Report. Councillor Reeves.
4. Requesting the City Manager to report back to the City Council with a status report on the number of condemned trees in Cambridge, where hearings were held and approval made for removal, yet the trees have not been removed. Vice Mayor Davis.
5. Requesting the City Manager to confer with the Department of Public Works about installing benches at bus stops and at a midway point along the odd-numbered side of Massachusetts Avenue from 2050 Massachusetts Avenue to Porter Square. Councillor Simmons.
6. Dedicate the corner of Third and Hurley Streets as "Anthony Bruno Square". Councillor Toomey.
7. Requesting the City Manager to confer with the Commissioner of Public Works on the condition of the open space around the King Open School, to post signs enforcing fines for cleaning up dog refuse and to explore the feasibility of providing plastic bags in the area for dog walkers to use. Mayor Sullivan.
8. Requesting the City Manager to confer with the Commissioner of Public Works on the condition of sidewalks along Blanchard Road from Concord Avenue to Grove Street, and to confer with the the Director of the Traffic, Parking and Transportation Department to continue meeting with the residents in this area to address traffic issues, speed limit enforcement and potential design changes in the roadway. Mayor Sullivan, Councillor Galluccio, Councillor Maher and Councillor Toomey.
9. Requesting the City Manager to instruct the Commissioner of Public Works to clean Cambridge Street, twice daily, by the use of sweeping and the use of the street sweeper, during the construction that is underway on Cambridge Street. Councillor Toomey.
10. Requesting the City Manager to mount an aggressive litter clean-up campaign. Councillor Toomey.
11. Requesting the Mayor to convey to the School Committee the City Council's request to investigate the possibility of bus transportation for young children traveling from Area Four to the King Open School. Councillor Simmons.
12. Requesting the City Manager to report on whether there are parks/open spaces where dogs may be walked off-leash located in all four quadrants of the City, and if not, what is the feasibility of so providing. Councillor Simmons.
13. Requesting the Council to go on record calling for free and democratic elections in Northern Ireland. Mayor Sullivan.
14. Requesting the City Manager to provide a status report on the proposed park at 238 Broadway and to report back to the City Council by October 20, 2003. Councillor Toomey.
15. Requesting the City Manager to create the position of energy manager to oversee and improve upon energy use in all city facilities. Vice Mayor Davis and Councillor Decker.
16. Requesting the City Manager to report back to the City Council on efforts to coordinate with Harvard University for the development of a shuttle service from the new Harvard/Pleasant Street housing area to Harvard Square, similar to service provided by the EZRide Shuttle. Vice Mayor Davis.
17. Requesting the City Manager to report back to the City Council with a plan for moving toward utilization of hand-held computers for the Parking Division of the Traffic, Parking and Transportation Department. Vice Mayor Davis.
18. Dedicate the corner of Fresh Pond Parkway and Larch Road as "Annabel Verches Square". Councillor Murphy.
19. Requesting the City Manager to confer with MIT and Forest City with the view in mind of the designation of the Kennedy Loft site as permanent open space. Councillor Simmons.
20. Requesting the City Manager to confer with Comcast and report back to the City Council on the reason why the RTPI Channel has gone from the basic tier to a higher tier, tripling the cost. Councillor Toomey.
21. Requesting the City Manager to report to the City Council on the status of the land at the corner of Lopez Avenue and Charles Street which was deeded to the City of Cambridge. Councillor Toomey.
22. Requesting the City Manager to report to the City Council on the status of the safety issues for pedestrians in and around Rufo Road especially in light of the demolition of the Mancini Safe Company building. Councillor Toomey.
23. Requesting the City Manager to provide the City Council with an updated master list for renovation of the parks and tot lots, along with an updated report card on the conditions of all the parks and tot lots owned by the City of Cambridge. Councillor Toomey.
24. Requesting the City Manager to confer with the Commissioner of Public Works to arrange for the trees to be trimmed in Gold Star Park. Councillor Toomey.
25. Requesting the City Manager to confer with the Director of the Traffic, Parking and Transportation Department to investigate and report back to the City Council on the ownership of streets, sidewalks and parking areas in the area encompassed by Charles Street, Binney Street, Fulkerson and Third Streets, specifically what is city-owned and what is privately-owned. Councillor Toomey.
26. Requesting the City Manager to confer with the Executive Director of the Cambridge Redevelopment Authority to report to the City Council on the status of the land at the corner of Binney Street and the Binney Street extension and any other options for additional open space in eastern Cambridge. Councillor Toomey and Mayor Sullivan.
27. Dedicate an appropriate site in memory of Cambridge environmental activist Bonnie Solomon. Vice Mayor Davis.
28. Requesting the City Manager to confer with the Commissioner of Public Works with a plan for sidewalk improvement along the Concord Avenue side of Fresh Pond and along Blanchard Road. Councillor Galluccio.
29. Requesting the City Manager to confer with the Assistant City Manager for Community Development regarding the status of restoration of bus shelters at the completion of the Cambridge Street Improvement Plan. Councillor Galluccio.
30. Requesting the City Manager to forward a date for the rat eradication meeting proposed for Area Four and mid-Cambridge. Councillor Reeves.
31. Requesting the City Manager to provide a timely response on the request from the City Council and the neighborhood, regarding walking police patrols, particularly as requested by the Riverside residents. Councillor Reeves.
32. Requesting the City Manager to report back to the City Council regarding the status of repairs being made to the elevators at Miller's River and what can be done to lengthen the period of time that the elevator doors are open to provide ample time for those in wheelchairs or with other assisting devices to enter and exit the elevators. Mayor Sullivan.
33. Dedicate an appropriate site in memory of Cambridge environmental activist Bonnie Solomon. Vice Mayor Davis and Councillor Murphy.
34. Requesting the City Manager to report back to the City Council with information on the history of the Peabody Terrace development and relate how Harvard was able to build over the MWRA (then MDC) sewer easement. Vice Mayor Davis, Councillor Simmons and Mayor Sullivan.
35. Requesting the City Manager to confer with the School Department as to why a scoreboard and benches are not present at Russell Field. Councillor Galluccio, Councillor Toomey, Mayor Sullivan and Councillor Maher.
36. Requesting the City Manager to confer with the Traffic, Parking and Transportation Department and the Public Works Department to look at potential traffic slowing mechanisms to be installed when Matignon Road is repaved. Councillor Galluccio, Mayor Sullivan and Councillor Maher.
37. Requesting the City Manager to direct the Traffic, Parking and Transportation Department to meet with residents of Truman Apartments regarding pedestrian safety, traffic lights and maintenance of surrounding sidewalks and roads. Councillor Decker, Mayor Sullivan and Councillor Maher.
38. Requesting the City Manager to direct the Traffic, Safety and Transportation Department to meet with residents of 2050 Massachusetts Avenue regarding pedestrian safety, traffic lights and maintenance of surrounding sidewalks and roads. Councillor Decker, Mayor Sullivan and Councillor Maher.
39. Requesting the City Manager to update the City Council on the design of the new Skate Park at Danehy Field and on the outreach efforts for a youth design committee. Councillor Galluccio, Councillor Toomey, Mayor Sullivan and Councillor Maher.
40. Requesting the City Manager to initiate a request to the Massachusetts Highway Department to post Montgomery, Jackson, Harvey, Dudley, and Clifton Streets for a 25 mile-per-hour speed limit, to report back to the City Council on this matter; and to report back to the City Council on the status of legislation before the State Legislature that would allow cities and towns in the Commonwealth to set speed limits on local streets. Vice Mayor Davis.
41. Requesting the City Manager to coordinate increased enforcement of speeding on Fairfield Street, to investigate the feasibility of reinstalling a stop sign at the corner of Fairfield/Pemberton, to initiate a request to the Massachusetts Highway Department to post Fairfield Street for a 25 mile-per- hour speed limit, and to report back to the City Council on this matter. Mayor Sullivan.
42. Requesting the City Council go on record reaffirming its strong commitment to affordable housing, opposing the return of rent control to Cambridge, and take no action on the initiative petition for home rule legislation to re-establish rent control, the issue to be decided by the citizens of Cambridge in the November 4, 2003 election. Councillor Maher, Mayor Sullivan, Councillor Toomey and Councillor Galluccio.
43. Dedicate the corner of Alberta Terrace and Cedar Street as Amelia and Ed Chebator Square. Councillor Maher.
44. Requesting the City Manager to direct the Traffic, Parking and Transportation Department to look at the green light and pedestrian walk light timing for the traffic light on Walden Street and Massachusetts Avenue, and whether it can be changed to provide a more appropriate lead time for pedestrians. Councillor Simmons.
45. Dedicate the corner of Sciarappa and Winter Streets as Leo Mochi Sr. Square. Councillor Toomey.
46. Dedicate an appropriate site in memory of Dana T. and Dana H. Gallup. Mayor Sullivan.
47. Requesting the City Manager to report back to the City Council with recommendations for improving lighting in and around the Manning Apartments, with special attention to the common area, city garage, and street lighting in that area. Mayor Sullivan.
48. Requesting the City Manager to confer with the Commissioner of Public Works on the possibilities of providing rodent control brochures to the public listing useful preventive measures and relevant City phone numbers and offering anti-rodent articles to be provided to the public at reduced or no cost. Councillor Reeves.
49. Requesting the City Manager to confer with the Assistant City Manager for Human Services, the Police Commission and the Superintendent of Schools, City Links, and Ahora to report back to the Human Services Committee on recent incidents of youth violence, particularly amongst girls. Councillor Simmons.
50. Urging the City Council go on record opposing passage of the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act of 2003. Councillor Murphy.
51. Requesting the City Manager to confer with the Cambridge Housing Authority and the Public Works Department regarding the drainage problem at the Churchill Apartments and on Clarendon Avenue. Councillor Toomey.
52. Requesting the City Manager to instruct the Director of Traffic, Parking and Transportation to install a speed limit sign on Cardinal Medeiros Avenue in the vicinity of Plymouth Street. Councillor Toomey.
53. That the City Manager be and hereby is requested to report back to the City Council on the feasibility of working with 808 Memorial Drive, in conjunction with their new landscaping project, relative to the placement of bus stops, traffic calming, and sidewalk amenities, as well as consideration for placing a "Welcome to Cambridge" sign greeting visitors to the City at or near this location. Vice Mayor Davis.
54. Requesting the City Manager to designate the Department of Human Services to host a community meeting relative to virtual retirement communities and to report back to the City Council on virtual retirement communities and their feasibility in the Cambridge community. Vice Mayor Davis.
55. Requesting the City Manager to instruct the City Arborist to plant a new tree at the corner of Harvard and Cherry Streets to replace the tree that fell from the wind storm which occurred on October 15, 2003. Councillor Toomey.
56. Requesting the City Manager to provide the City Council with an update on negotiations with the State regarding the truck traffic ban by November 17, 2003 and at that time to suggest the next steps for enforcement if the state has failed to agree to implement the Council-enacted truck ban. Councillor Murphy.
57. Requesting the City Manager to request the Law Department to determine if an amendment to the Municipal Code or the establishment of a city policy is required to allow dogs in certain parks in the City for certain hours to be off their leashes. Councillor Toomey.
58. Requesting the City Manager to investigate the possibility of purchasing prescription drugs for the City's employees from Canada in the way the City of Springfield does. Councillor Murphy, Mayor Sullivan, Councillor Galluccio
59. Supporting the statewide smoking ban being debated in the State House on Wednesday, October 22, 2003. Mayor Sullivan
60. Requesting the Mayor to call a special meeting of the City Council on Friday, October 24, 2003 at 3:30pm for the purpose of taking up Riverside Rezoning. Councillor Murphy, Councillor Maher
61. Requesting the City Manager to consult with the City Arborist to examine the condition of trees on both sides of Massachusetts Avenue in the vicinity of Harvey Street. Councillor Toomey, Mayor Sullivan
62. Refer the proposed Human Rights amendment to the Municipal Code regarding the removal of existing physical barriers in public facilities to the Economic Development Committee for an additional hearing. Councillor Simmons
63. Requesting the City Solicitor to provide the Ordinance Committee with a legal memorandum on the issue of the “readily achievable” standard and on the issue of nonphysical disabilities and removal of barriers. Councillor Murphy
COMMITTEE REPORTS (items carried over from adjourned meeting of Sept 29 highlighted in purple)
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Economic Development, Training and Employment Committee, for a meeting held on September 10, 2003 to continue discussing the "Buy Cambridge Initiative" (BCI).
2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the University Relations Committee, for a meeting held on June 18, 2003 to discuss future actions to improve university/city relationships in the following areas which the committee has been considering over the past several months: education, the environment, affordable housing, financial health, and planning and land use.
3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Economic Development, Training and Employment Committee, for a meeting held on September 17, 2003 to continue discussing the "Buy Cambridge Initiative" (BCI).
4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on September 18, 2003 to discuss the Riverside rezoning proposals, the Planning Board petition and the Carlson petition.
5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on July 30, 2003 to consider a proposed amendment to the Human Rights Ordinance, Chapter 2.76 of the Cambridge Municipal Code, to include a requirement that public accommodations remove barriers to access for people with disabilities.
6. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Economic Development, Training and Employment Committee, for a meeting held on September 24, 2003 to continue discussing the "Buy Cambridge Initiative" (BCI).
7. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on October 1, 2003 to discuss coordination of resources between the Municipal Cable, CCTV and the School Department Cable.
8. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves, Chair of the Neighborhood and Long Term Planning Committee, for a meeting held on September 12, 2003 to continue to plan an event featuring Professor Juan Enriquez at Cambridge Rindge and Latin School, aimed at high school students, teachers, parent, other youth and adults who work with youth as the next step in the committee's effort to increase public awareness of the opportunities and challenges of the ongoing and fast-moving changes in the knowledge-based economy and culture of Cambridge.
9. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Economic Development, Training and Employment Committee, for a meeting held on October 8, 2003 to continue discussing the "Buy Cambridge Initiative" (BCI).
10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Anthony D. Galluccio, Chair of the Housing Committee, Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the Ordinance Committee, for a joint meeting held on September 3, 2003 for the purpose of considering a proposed amendment to the Zoning Ordinance to gain dimensional relief in housing and mixed use projects in exchange for providing housing affordable to middle income housing owners and renters.
11. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the Ordinance Committee and Councillor Anthony D. Galluccio, Chair of the Housing Committee, for a joint meeting held on September 3, 2003 for the purpose of considering a proposed amendment to the Zoning Ordinance to gain dimensional relief in housing and mixed use projects in exchange for providing housing affordable to middle income housing owners and renters.
12. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the Ordinance Committee, for a meeting held on September 24, 2003 for the purpose of considering a proposed amendment to the Zoning Ordinance to rezone city parks and recreational facilities as open space.
13. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the Ordinance Committee, for a meeting held on September 24, 2003 for the purpose of considering a petition to amend the Zoning Ordinance to implement the recommendations of the Rooftop Mechanical Task Force which met from February 2002 to May 2003.
14. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the Ordinance Committee, for a meeting held on September 24, 2003 for the purpose of considering a proposed amendment to the Zoning Ordinance to modify the Table of Use Regulations in the ordinance to restrict or eliminate some anomalous uses now allowed in open space districts.
HEARING SCHEDULE
Mon, Oct 20
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Oct 22
12:30pm The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to continue discussing coordination of resources between the municipal cable, CCTV and the School Department cable. (Ackermann Room)
4:30pm The Economic Development, Training and Employment Committee and the City Administration will be presenting the Buy Cambridge Initiative at the Sala de Puerto Rico Room at the Stratton Student Center. (84 Mass. Ave., MIT)
Mon, Oct 27
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Nov 3
5:30pm City Council Meeting (Sullivan Chamber)
Thurs, Nov 6
4:00pm The Ordinance Committee will conduct a public hearing on a petition from John Roback, et al., to amend the Zoning Ordinances by deleting the designation C-2A and substituting in place thereof the designation C-1 in the area bounded by Green, Pearl, Franklin and Brookline Streets. This meeting to be televised. (Sullivan Chamber)
Mon, Nov 17
5:30pm City Council Meeting (Sullivan Chamber)
Tues, Nov 18
8:30am The Human Services Committee will conduct a public meeting to discuss out of school time (OST) programs in Cambridge, with particular emphasis on whether there are sufficient OST programs to meet the needs of Cambridge families and if so, do parents know about them. (Ackermann Room)
Mon, Nov 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 1
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 15
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 29
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-27 October 20, 2003
VICE MAYOR DAVIS
ORDERED: That the City Council go on record dedicating an appropriate site in memory of Cambridge environmental activist Bonnie Solomon; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-32 October 20, 2003
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding the status of repairs being made to the elevators at Miller's River and what can be done to lengthen the period of time that the elevator doors are open to provide ample time for those in wheelchairs or with other assisting devices to enter and exit the elevators.
O-33 October 20, 2003
VICE MAYOR DAVIS
COUNCILLOR MURPHY
ORDERED: That the City Council go on record dedicating an appropriate site in memory of Cambridge environmental activist Bonnie Solomon; and be it further
RESOLVED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-34 October 20, 2003
VICE MAYOR DAVIS
COUNCILLOR SIMMONS
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with information on the history of the Peabody Terrace development and relate how Harvard was able to build over the MWRA (then MDC) sewer easement.
O-35 October 20, 2003
COUNCILLOR GALLUCCIO
COUNCILLOR TOOMEY
MAYOR SULLIVAN
COUNCILLOR MAHER
WHEREAS: Russell Field currently has no scoreboard or benches for players at home football games; and
WHEREAS: The City is about to begin construction of a multi-million dollar football facility; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the School Department as to why a scoreboard and benches are not present at Russell Field.
O-36 October 20, 2003
COUNCILLOR GALLUCCIO
MAYOR SULLIVAN
COUNCILLOR MAHER
WHEREAS: Matignon Road will be grinded and repaved; and
WHEREAS: Speeding has been a problem along with cut-through traffic along that street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department and the Public Works Department to look at potential traffic slowing mechanisms to be installed when the road is repaved.
O-37 October 20, 2003
COUNCILLOR DECKER
MAYOR SULLIVAN
COUNCILLOR MAHER
WHEREAS: Residents have taken serious falls due to holes in the walkways and are concerned that pedestrian "walk lights" do not yield enough time for safe crossing to people who are physically challenged, including the elderly, disabled, etc.; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking and Transportation Department to meet with residents of Truman Apartments regarding pedestrian safety, traffic lights and maintenance of surrounding sidewalks and roads.
O-38 October 20, 2003
COUNCILLOR DECKER
MAYOR SULLIVAN
COUNCILLOR MAHER
WHEREAS: Residents have taken serious falls due to holes in the walkways and are concerned that pedestrian "walk lights" do not yield enough time for safe crossing to people who are physically challenged, including the elderly, disabled, etc.; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Safety and Transportation Department to meet with residents of 2050 Massachusetts Avenue regarding pedestrian safety, traffic lights and maintenance of surrounding sidewalks and roads.
O-39 October 20, 2003
COUNCILLOR GALLUCCIO
COUNCILLOR TOOMEY
MAYOR SULLIVAN
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to update the City Council on the design of the new Skate Park at Danehy Field; and be it further
ORDERED: That the City Council be updated on the outreach efforts for a youth design committee.
O-40 October 20, 2003
VICE MAYOR DAVIS
WHEREAS: Residents from Montgomery, Jackson, Harvey, Dudley, and Clifton Streets have raised concerns about cut through traffic speeding through the neighborhood; and
WHEREAS: Monitoring of these streets have shown an average traffic speed of 28 mph, still under the legal speed limit of 30 mph, yet perhaps too fast for this high foot traffic neighborhood with a great deal of family activity; now therefore be it
ORDERED: That the City Manager be and hereby is requested to initiate a request to the Massachusetts Highway Department to post Montgomery, Jackson, Harvey, Dudley, and Clifton Streets for a 25-mile per hour speed limit; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
ORDERED: That the City Manager report back to the City Council on the status of legislation before the State Legislature that would allow cities and towns in the Commonwealth to set speed limits on local streets.
O-41 October 20, 2003
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to coordinate increased enforcement of speeding on Fairfield Street; and be it further
ORDERED: That the City Manager be and hereby is requested to investigate the feasibility of reinstalling a stop sign at the corner of Fairfield/Pemberton; and be it further
ORDERED: That the City Manager be and hereby is requested to initiate a request to the Massachusetts Highway Department to post Fairfield Street for a 25 mile-per-hour speed limit; 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-42 October 20, 2003
COUNCILLOR MAHER
MAYOR SULLIVAN
COUNCILLOR TOOMEY
COUNCILLOR GALLUCCIO
WHEREAS: Since 1995, the City of Cambridge, with the support and leadership of the City Council, has created and/or preserved more than 2,000 units of affordable housing; and
WHEREAS: With the support and leadership of the Cambridge City Council, the City of Cambridge adopted the Community Preservation Act in 2001, and allocated 80% of the preservation funds to affordable housing; and
WHEREAS: On September 15, 2003, the Cambridge City Council appropriated more than $8 million dollars for affordable housing in the FY 2005 budget which brings the total with leverage to $200 million invested in affordable housing; and
WHEREAS: The City has also created 139 new units of affordable housing through inclusionary zoning and several hundred new units are in the pipeline; and
WHEREAS: The City Council has before its Housing and Ordinance Committees proposals to create new incentives to zoning that would create new moderate income units; now therefore be it
RESOLVED: That the City Council go on record reaffirming its strong commitment to affordable housing; and be it further
RESOLVED: That the City Council go on record opposing the return of rent control to Cambridge in light of the divisiveness of this regulatory system; and be it further
RESOLVED: That the City Council take no action on the initiative petition for home rule legislation to re-establish rent control, recognizing that by the Council taking no action, the issue of sending a home rule petition to the state legislature to re-establish rent control will be decided by the citizens of Cambridge in the November 4, 2003 election.
O-43 October 20, 2003
COUNCILLOR MAHER
ORDERED: That the City Council dedicate the corner of Alberta Terrace and Cedar Street as Amelia and Ed Chebator Square; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-44 October 20, 2003
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking and Transportation Department to look at the green light and pedestrian walk light timing for the traffic light on Walden Street and Massachusetts Avenue, where the walk light and vehicle turning light coincide, and whether this can be changed to provide a more appropriate lead time for pedestrians; and be it further
ORDERED: That the City Manager report back to the City Council on this matter.
O-45 October 20, 2003
COUNCILLOR TOOMEY
ORDERED: That the City Council dedicate the corner of Sciarappa and Winter Streets as Leo Mochi Sr. Square; and be it further
RESOLVED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-46 October 20, 2003
MAYOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in memory of Dana T. and Dana H. Gallup; and be it further
ORDERED: That the Chief of Staff to the Mayor 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-47 October 20, 2003
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with recommendations for improving lighting in and around the Manning Apartments, with special attention to the common area, city garage, and street lighting in that area.
O-48 October 20, 2003
COUNCILLOR REEVES
WHEREAS: It has become apparent that managing rodent concerns in the City requires more citizen assistance from the City; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works to look at whether a rodent control brochure could be provided by the City which lists useful preventive measures and relevant City phone numbers and information on who to call for which purpose; and be it further
ORDERED: That the City Manager be and hereby is requested to explore with the Commissioner of Public Works the possibility of offering bulk-purchased commercial trash receptacles with attached lids, commercial bait boxes and other anti-rodent articles to be provided to the public at reduced or no cost where possible.
O-49 October 20, 2003
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Human Services, the Police Commission and the Superintendent of Schools, City Links, and Ahora to report back to the Human Services Committee on recent incidents of youth violence, particularly amongst girls.
O-50 October 20, 2003
COUNCILLOR MURPHY
WHEREAS: The United States Congress is currently considering a proposed bill entitled the "Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act of 2003"; and
WHEREAS: The bill would mandate the nation's 600,000 local law enforcement officials to enforce all federal civil immigration laws, in addition to the criminal laws currently enforced - or risk the denial of reimbursement from the federal government; and
WHEREAS: The bill would preempt local laws, impose unfunded mandates on local government and undermine community policing; now therefore be it
RESOLVED: That the City Council go on record opposing passage of the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act of 2003; and be it further
RESOLVED: That the City Clerk be and hereby is requested to send a suitably engrossed copy of this resolution to the Massachusetts Congressional Delegation.
O-51 October 20, 2003
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby requested to confer with the Cambridge Housing Authority and the Public Works Department regarding the drainage problem at the Churchill Apartments and on Clarendon Avenue.
O-52 October 20, 2003
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to install a speed limit sign on Cardinal Medeiros Avenue in the vicinity of Plymouth Street.
O-53 October 20, 2003
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility of working with 808 Memorial Drive, in conjunction with their new landscaping project, relative to the placement of bus stops, traffic calming, and sidewalk amenities, as well as consideration for placing a "Welcome to Cambridge" sign greeting visitors to the City at or near this location.
O-54 October 20, 2003
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to designate the Department of Human Services to host a community meeting relative to virtual retirement communities; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on virtual retirement communities and their feasibility in the Cambridge community.
O-55 October 20, 2003
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the City Arborist to plant a new tree at the corner of Harvard and Cherry Streets to replace the tree that fell from the wind storm which occurred on October 15, 2003.
O-56 October 20, 2003
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to provide the City Council with an update on negotiations with the State regarding the truck traffic ban by November 17, 2003 and at that time to suggest the next steps for enforcement if the state has failed to agree to implement the Council-enacted truck ban.
O-57 October 20, 2003
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to ask the Law Department to determine if an amendment to the Municipal Code or the establishment of a city policy is required to allow dogs in certain parks in the City for certain hours to be off their leashes.
O-58 October 20, 2003
COUNCILLOR MURPHY
MAYOR SULLIVAN
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to investigate the
possibility of purchasing prescription drugs for the City's employees from
Canada in the way the City of Springfield does.
O-59 October 20, 2003
MAYOR SULLIVAN
RESOLVED: That the City Council go on record in support of the statewide smoking
ban being debated in the State House on Wednesday, October 22, 2003.
O-60 October 20, 2003
COUNCILLOR MURPHY
COUNCILLOR MAHER
ORDERED: That the Mayor be and hereby is requested to call a special meeting of
the City Council on Friday, October 24, 2003 at 3:30 p.m. for the purpose of
taking up Riverside Rezoning.
O-61 October 20, 2003
COUNCILLOR TOOMEY
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to consult with the
City Arborist to examine the condition of trees on both sides of Massachusetts
Avenue in the vicinity of Harvey Street.
O-62 October 20, 2003
COUNCILLOR SIMMONS
ORDERED: That the proposed Human Rights amendment to the Municipal Code
regarding the removal of existing physical barriers in public facilities be
referred to the Economic Development Committee for an additional hearing.
O-63 October 20, 2003
COUNCILLOR MURPHY
ORDERED: That the City Solicitor be and hereby is requested to provide the
Ordinance Committee with a legal memorandum on the issue of the "readily
achievable" standard and on the issue of nonphysical disabilities and
removal of barriers.
TEXT OF COMMITTEE REPORTS
Committee Report #5
The Ordinance Committee held a public hearing on July 30, 2003, beginning at 3:13 o’clock p.m. in the Cambridge Rindge and Latin School Media Cafeteria, 459 Broadway. The purpose of the hearing was to consider a proposed amendment to the Human Rights Ordinance, Chapter 2.76 of the Cambridge Municipal Code, to include a requirement that public accommodations remove barriers to access for people with disabilities. Attachment A.
Present at the hearing were Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the committee, Vice Mayor Henrietta Davis, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Michael Muehe, Executive Director of the Cambridge Commission for Persons with Disabilities, Quoc Tran, Executive Director of the Human Rights Commission, Jill Herold, Assistant City Manager for Human Services and Jerry Leblanc, Inspectional Services Department.
Councillor Murphy convened the hearing and explained the purpose. He invited Mr. Muehe and Mr. Tran to explain the proposed amendment. Mr. Muehe began by informing the committee that both the Human Rights Commission and the Disabilities Commission voted unanimously to approve this proposed amendment. He explained that Title III of the Americans with Disabilities Act (ADA) applies to public accommodations and requires existing facilities to remove barriers to access whenever such barrier removal is readily achievable. This amendment would make the requirement already contained in the ADA a part of the Human Rights Ordinance and thus provide for local enforcement.
Mr. Muehe stated that the enforcement procedures for Title III are very problematic. Complainants must either file with the U.S. Justice Department in Washington D.C. or file a lawsuit in their local Federal District Court. A recent U.S. Supreme Court case has increased the difficulties for complainants of collecting legal fees in these cases by eliminating award of attorneys’ fees made under the “catalyst theory”, which allowed legal fees even in cases that settled before trial, as long as the defendant fixed the condition.
Mr. Tran stated that the Human Rights Commission had a great deal of discussion about the capacity of the commission to handles this type of case, and the commissioners concluded that the commission is well equipped to take on this responsibility. There is no backlog of complaints in the Human Rights Commission caseload. The commission anticipates a gradual increase in these cases over time. The Disabilities Commission already has an ongoing access program that provides technical assistance to businesses and other facilities trying to remove access barriers.
In response to a question from Councillor Maher, Mr. Muehe explained that the Massachusetts Architectural Access Board regulations only apply in cases where there has been construction, and the Inspectional Services Department’s only authority in the area of disabilities at present is to enforce the Access Board requirements.
Councillor Murphy asked for examples of barriers that would fall under this provision as barriers for which removal would be "readily achievable." Mr. Muehe responded that stores with one step at the entrance or with a door too narrow to accommodate a wheelchair are typical of the barriers that the ordinance could address. In response to Councillor Murphy’s question as to what kind of a barrier removal that would not be readily achievable, Mr. Muehe gave the example of a restaurant with a second floor and no elevator.
Councillor Murphy asked whether there is case law in which the courts have considered the question of what is readily achievable. Mr. Muehe said that there has been quite a bit of litigation of this issue. As is specified in Title III and the proposed ordinance, the determination takes into account several factors, many relating to the overall resources of the institution that has the barrier. There is no hard and fast rule, but rather a certain reasonableness factor.
Councillor Maher asked whether other Massachusetts communities have similar ordinances. Mr. Muehe said that Chelsea, Dennis, North Reading and Waltham have ordinances that attach such requirements to licenses for common victualers. This ordinance would go beyond those regulatory schemes. Councillor Murphy asked about other states. Mr. Muehe responded that Jacksonville, Florida recently passed a similar ordinance.
Councillor Murphy asked for a description of the process for complainants under the proposed ordinance. Mr. Muehe said that the first step would be for the Disabilities Commission to write a letter to the owner asking for compliance. Mr. Tran said that if informal requests do not work, the Human Rights Commission staff would initiate a complaint. If the Human Rights Commission were to find sufficient grounds, it would hold a public hearing. If after a public hearing, the commission were to find a violation, it could order compliance. If there were no compliance at that point, the Human Rights Commission could initiate court action.
Councillor Murphy asked if there would be a conflict with the jurisdiction of the Architectural Access Board. Mr. Muehe responded in the negative. He said that the first step in investigating a complaint would be to determine whether any building permits had been issued. If so, the case would be referred to the Access Board, and that board, working with ISD could enforce the accessibility laws as part of the Building Code.
At this time, Councillor Murphy invited public testimony.
Roy Bercaw, 474 Broadway, stated that he objects to the proposed ordinance because it focuses on physical access. Those with physical disabilities face discrimination due to physical barriers, but there are also barriers for people with mental illnesses. The ordinance should be broader and longer to include nonphysical disabilities. Mr. Bercaw also submitted a letter for the record. Attachment B.
George Metzger, Antrim Street, stated that he is an architect, vice president of the Central Square Business Association and president of the board of CASPAR. He said that since the ADA was passed in 1990, we have gone a long way towards making our community more accessible, but there is still far to go. He said that he wants the City Council to understand the impact of the proposal. For a business like Novartis, there is no problem. But a barber who has been occupying the same space for years is almost certainly occupying an inaccessible space. A start-up entrepreneur who just found second floor space faces similar problems. The cost of making space accessible is generally not small. The City’s efforts to work for the removal of barriers in existing facilities is laudable, but there are issues that must be understood. He suggested providing incentives for voluntary compliance before instituting complaints. Perhaps the City should provide some assistance. Mr. Metzger added that if this ordinance is adopted, there should be a review of its achievements and accomplishments and whether small business owners are being treated fairly.
Joseph Johnson, Outreach Coordinator for the Human Rights Commission, stated that it is very important to have a means of filing and resolving grievances for people who have experienced barriers. Cambridge should be in the forefront of providing such as system. There are quite a few cases involving disabilities at the Human Rights Commission. This amendment would be very useful.
Councillor Simmons asked Mr. Muehe what kind of public outreach has been done with regard to this proposal. Mr. Muehe said that he did not do any specific outreach regarding this hearing. However, the Disabilities Commission has been discussing the proposal for a couple of years.
Councillor Simmons said that she would like to see the issue go to the Economic Development Committee for another public hearing with broader outreach to all who might be affected by the proposal. They should at least be informed of the proposal. She asked what businesses will have to do to modify their entrances if this ordinance is adopted. Councillor Murphy said that removal of barriers is already required by the ADA, but an individual must seek enforcement through a complaint to the Justice Department or a federal court case. This ordinance would enable complaints to be filed with the Human Rights Commission.
Councillor Simmons said that lots of storefronts in Cambridge have one to five steps at the entrance. She asked how these businesses would be affected. Mr. Muehe said that the determination of whether removal of a particular barrier is readily achievable is made on a case-by-case basis. He can easily envision a restaurant or store that is part of a large national chain where removal is readily achievable and a small mom and pop establishment where it is not readily achievable.
Councillor Simmons said that she would suspect that many businesses are not even aware of the requirement to remove existing barriers. This is an opportunity to reach out to our businesses, make them aware of the law and help them achieve what is readily achievable.
Vice Mayor Davis said that she is concerned about adding more steps to implementation of this ordinance. ADA implementation is already difficult. Cambridge should be as compliant as possible without being confiscatory. She asked if this ordinance adds anything more than the ADA requires. Mr. Muehe answered in the negative.
Councillor Simmons said that any opportunity to enlighten the community is an opportunity that the City should take. She is not trying at all to slow down the process, but she does believe the effected public should know more about the law.
Councillor Simmons moved to keep the proposed amendment in the Ordinance Committee and to recommend that the City Council also refer the matter to the Economic Development Committee for an additional hearing. The motion passed on a voice vote without objection.
Councillor Murphy moved that the City Solicitor be requested to provide the Ordinance Committee with a legal memorandum on the issue of the “readily achievable” standard and on the issue of nonphysical disabilities and removal of barriers. The motion passed on a voice vote without objection.
Councillors Murphy and Maher thanked all those present for their attendance.
The meeting was adjourned at 4:11pm.
For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor David P. Maher, Co-Chair
The purpose of this meeting was to continue discussing the Buy Cambridge Initiative (BCI) and any other matters that come before the committee.
Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee, Estella Johnson, Economic Development Director, Community Development Department (CDD), Elaine Madden, Project Planner, Economic Division, CDD, Cynthia Griffin, Purchasing Agent, Joan Dillon, Assistant Purchasing Agent, Ini Tomeu, Public Information Officer, Duane Brown, Affirmative Action Officer, Mary Clover, Purchasing Coordinator, School Department and Donna P. Lopez, Deputy City Clerk. Also present at the meeting was Laurie Taymorberry, 164 Pleasant Street.
Councillor Simmons opened the meeting and stated the purpose.
Councillor Simmons asked for an update from the Program Committee. Ms. Johnson distributed the final program. She informed the committee that Mr. Owens has been confirmed as the Keynote Speaker. She will obtain his business information. Councillor Simmons will introduce the moderator. The moderator will introduce the SOMWBA representative. All speakers have been confirmed.
Ms. Tomeu stated that Municipal Cable would film the BCI event. She suggested that Councillor Simmons do a brief introduction about the BCI for Municipal Cable. Councillor Simmons agreed and stated that she would be available between 4:00–4:30pm on October 22, 2003 to do the introduction. She also suggested that the Municipal Cable staff take feed back from the participants as the participants leave the BCI. Ms. Tomeu informed the committee that the press kits have been mailed. She was awaiting address labels from Ms. Williams to mail additional press kits. Councillor Simmons requested Ms. Tomeu to mail press kits to the Minority Purchasing Council and the Point of View.
Ms. Johnson stated that the Event Program would be printed two days before the BCI event to provide the ability to make any last minute changes or alterations.
The committee heard from the Logistics Committee. Mr. Brown stated that MIT would provide mobiles microphones and a tabletop podium. The head table would have two microphones provided by MIT. The Kresege lot would most likely be used for parking.
Councillor Simmons stated that letters to city and state officials have been mailed. Ms. Taymorberry suggested letters be mailed to Representatives Atkins, Susan Fargo, Michael Rodriquez, Senator John Hunt, Executive Director of the DNC Susan Thompson.
Ms. Madden stated that eleven business have been confirmed for the BCI
Councillor Simmons scheduled the next meeting for October 8, 2003 at 10:00am. This meeting was subsequently rescheduled for October 8, 2003 at 11:30am.
Councillor Simmons thanked all present for their attendance.
The meeting was adjourned at ten o’clock and forty-five minutes A.M.
For the Committee,
Councillor E. Denise Simmons, Chair
Committee Report #7
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on October 1, 2003, at twelve o’clock and thirty-five minutes P.M. in the Sullivan Chamber.
The purpose of the meeting was to discuss coordination of resources between the Municipal Cable, CCTV and the School Department Cable.
Present at the meeting were: Councillor Marjorie Decker, Chair of the Committee, Calvin Lindsay, Jr., Director of the Municipal Cable, Dhonyale Jones, Municipal Cable, Susan Fleishman, Director, CCTV, Ginny Berkowitz, Cambridge Educational Access, CCTV, James Maloney, Chief Operating Officer, School Department and Donna P. Lopez, Deputy City Clerk.
Councillor Decker opened the meeting and stated the purpose. This meeting is a follow up to an earlier meeting held by this committee, she stated. At this earlier meeting she requested each entity to submit ideas in writing. Municipal Cable and CCTV submitted the requested information (ATTACHMENTS A and B). She asked the attendees if coordination still made sense.
Ms. Fleishman responded that coordination is needed. What needs to be resolved is who is to do what function. This needs to be made clear to the general public. Mr. Maloney stated that there is a collaborative effort by the City. Capital money has been identified for cable access. An architect will be selected for the RSTA Program site project by November 2003. By next fall the facility at the school would be built. There will be a Director of Access position will be created. The capital money in the sum of $750,000 has been allocated for the build out.
Councillor Decker asked if the School Department Cable and the Municipal Cable would be located in the Solomon Garage this spring. Mr. Maloney responded in the affirmative. Ms. Berkowitz stated that CCTV should be separate.
It was agreed by Councillor Decker and Mr. Maloney that Joan Stern and Joe Sullivan should be participants at the cable committee meeting. Mr. Maloney stated he would discuss this matter with the Superintendent of Schools.
Ms. Fleishman stated that there is no city vision. So much could happen with cable in Cambridge on an economic development aspect. She spoke about a proposal to create a wireless Internet environment for Central Square.
Councillor Decker stated that she would broaden the scope of this committee. She is surrounded by people who are knowledgeable about this issue. Input is needed to do coordination.
Ms. Berkowitz stated that an agenda needed to be set. Councillor Decker asked if there was anyone who could be brought into this committee to discuss this issue. Ms. Fleishman suggested Mark Lloyd. He is a visionary and a Cambridge resident. Councillor Decker suggested Paul Train. Ms. Fleishman also suggested Paul Schlaver.
Mr. Lindsay suggested that the co-existence of Municipal Cable, CCTV and School Department Cable needed to be discussed, specifically division, space, time and the nuts and bolts of the three entities. This could be outlined at the next meeting.
Councillor Decker stated that the issues are:
1. How to coordinate currently and what could be done to work together better;
2. What is out there to be had; and
3. Who sets priorities on what events are covered.
Mr. Lindsay stated that the City Council felt that events were not covered. Ms. Jones agreed with Mr. Lindsay. She asked who should cover what events and what makes sense should be clear. Municipal Cable coverage is communicated either through telephone or e-mail, stated Mr. Lindsay.
Councillor Decker asked what should be the next steps.
Mr. Maloney responded that the problem and solutions needed to be identified. List what gets televised, taped and what does not, the maximum number of events on a weekly basis, what is the maximum number of hours that can be covered. These issues need to be quantified. This needed to be identified before the committee can frame where it is going with the issue.
Mr. Maloney stated that cable is the only school function that runs into conflict. He suggested a master calendar should be established so that events could be scheduled to be cabled. The three entities could have a shared electronic calendar. Identify what is being provided, what the City would like to be covered and how to fill in the gap.
Ms. Jones stated that everyone needs to adhere to a calendar. She suggested giving notice or calling before the event. The Municipal Cable cannot cover the drama programs. Ms. Berkowitz stated that the drama teacher has strong feelings about how drama is tapped. Quality and lighting are issues, stated Mr. Maloney. Ms. Berkowitz stated that a class could be designed for filming drama. Mr. Lindsay stated his concern is how the production would look. All three entities, he said, have different needs. Ms. Fleishman stated that the expectations of the three entities needed to be discussed.
Councillor Decker asked if the City Council and the community should be polled. People do not know that there is a difference between CCTV and the Municipal Cable. A poll could ask what would people like to see on cable. She stated Mr. Lloyd, the City Council, the School Committee and the City Manager and staff should be polled to address coordination long and short term and the master calendar. She suggested planning a meeting to which Mr. Lloyd and Mr. Train are invited to hear what cable possibilities are out there.
Ms. Berkowitz suggested that the monthly meetings could be designated to discuss the nuts and bolts of cable and the big picture. The public wants more and this needed to be quantified, stated Ms. Fleishman.
Councillor Decker asked the three entities to put together ten questions and who the poll should go out to.
Mr. Maloney stated that the focus could be on Best Practices after a couple of meetings, then the expectations and operations could be discussed.
Councillor Decker stated that the next meeting would discuss if a questionnaire on expectations could realistically be developed. Who should the questionnaire be sent to other than the City Council and the School Committee? Should the questionnaire be sent to be department heads, CCTV board members and steering committee and Bill Gates, she asked? Ms. Jones suggested including the athletic department.
Mr. Lindsay stated that he would like information about what is available. The questionnaire he feared would turn into a mandate. Councillor Decker assured Mr. Lindsay that she would work to make sure that the questionnaire is not a mandate for Municipal Cable. The questionnaire is to collect information.
Mr. Berkowitz stated that the public is not aware that programming done by CCTV is done by volunteers. The Master Calendar would not work for CCTV, she said.
Mr. Lindsay stated that Municipal Cable would be homeless when the library construction starts.
Councillor Decker requested the attendees to forward questions for the questionnaire to her via e-mail by October 10, 2003 and then this information will be e-mailed for the next meeting which was scheduled for October 22, 2003.
Councillor Decker thanked all the attendees.
The meeting was adjourned at one o’clock and thirty minutes PM.
For the Committee,
Councillor Marjorie C. Decker, Chair
Committee Report #8
The Neighborhood and Long-Term Planning Committee held a public meeting on September 12, 2003, beginning at 3:35 p.m. in the Ackermann Room, Cambridge City Hall, second floor. The purpose of the meeting was to continue to plan an event featuring Professor Juan Enriquez at Cambridge Rindge and Latin High School (CRLS), aimed at high school students, teachers, parent, other youth and adults who work with youth as the next step in the committee’s effort to increase public awareness of the opportunities and challenges of the ongoing and fast-moving changes in the knowledge-based economy and culture of Cambridge.
Present at the hearing were Councillor Kenneth E. Reeves, Chair of the Committee, City Clerk D. Margaret Drury, Estella Johnson, Director of Economic Development, Community Development Department (CDD), Paul Parravano, Co-Director of the Office of Government and Community Affairs, MIT, and Tom Lucey, Office of Government and Community Affairs, Harvard University, and Kelly Thompson Clark, Interim President, Cambridge Chamber of Commerce.
The group agreed upon the next steps and tasks, which are set forth in the attached memorandum. Attachment A.
Councillor Reeves stated that he would like to hear a good discussion on the issue of Cambridge’s competitiveness in the realm of cities known for their success as knowledge-based economies. Is Cambridge number one? What does being number one mean? How can a city’s relative position be evaluated and rated?
Mr. Lucey said that such a discussion should be relatively easy to arrange. He would suggest as speakers Janice Bourque and Chris Gabrielli. Mr. Lucey also noted that Cambridge as a city has the greatest density of biotech firms. Good places for such a discussion to take place include the auditorium at the Whitehead Institute, Millenium Pharmaceutical’s auditorium, the Bartosi Auditorium at MIT, the Lowell Lecture Hall or the Science Center at Harvard.
Mr. Parravano said that the topic of the economics of higher education would also make for an interesting discussion relative to the overall topic of Cambridge’s competitiveness.
There was also discussion about the importance of “selling Cambridge” to the issue of maintaining the city’s competitive advantage.
The next meeting was set for Tuesday, September 23, 2003 at 10am. Councillor Reeves thanked those present for their participation.
The meeting was adjourned at 4:40pm.
For the Committee,
Councillor Kenneth E. Reeves, Chair
Attachment A
Neighborhood & Long-Term Planning Committee Meeting
September 12, 2003
1.TASKS FOR NEXT PROGRAM (PROFESSOR ENRIQUEZ AT CRLS)
New list of dates that the CRLS Fitzgerald Auditorium is available for a 3pm to 5pm program: October 16, 21, 28, 29, (also Oct 7,8, 9, but these are not good because delegation from Dimbokro, Ivory Coast will be visiting). Drama dept. prefers that we not hold event on the 28th or 29th if possible.
Best dates: October 16 or 21.
Mary P. will contact Professor Enriquez.
Invite Workforce Development and CHA Workforce Development program to event. Ask for any appropriate invitation lists. DMD
Contact Melanie Barron and seek her assistance in getting science teachers to event. Paul P.
Program: (1)Chip Greenidge to introduce Professor Enriquez. Ken to talk to Chip.
(2)Professor Enriquez
(3) Q&A
(4) Introduction of young scientists in audience. Paul to invite MLK science fellows, and any other MIT scientists. Tom Lucey to invite Harvard scientists.
Arrange for cable coverage for event. DMD
Get video of June 18th Enriquez program DMD
Mailing lists, labels:
CRLS parents. DMD to obtain.
North Cambridge Catholic High School. Kelly Clark to arrange
Matignon High School. Who will ask for list, labels or school to send out?
Mary Wong, Susan Richards Scott, Lee Ann Ellis. DMD will contact to invite and ask if they have lists
Invitation letter: Ken and Paul to write.
DMD invite Jay Kiley, Kathy Reddick and Sylvia Savedra Keber to next meeting.
NEXT MEETING Tuesday Sept 23 10:00am
Committee Report #9
The Economic Development, Training and Employment Committee held a public meeting on Wednesday, October 8, 2003 at eleven o’clock and thirty-five minutes a. m. in the Sullivan Chamber.
The purpose of this meeting was to continue discussing the Buy Cambridge Initiative (BCI) and any other matters that come before the committee.
Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee, Estella Johnson, Economic Development Director, Community Development Department (CDD), Elaine Madden, Project Planner, Economic Division, CDD, Ini Tomeu, Public Information Officer, Duane Brown, Affirmative Action Officer, James Monagle, City Auditor, Nancy McLeod, Manager, Construction Procurement, Purchasing Department and Donna P. Lopez, Deputy City Clerk. Also present at the meeting was Laurie Taymorberry, 164 Pleasant Street.
Councillor Simmons opened the meeting and stated the purpose. A discussion ensued about the logistics of the BCI.
Mr. Monagle stated that there would be three registration tables located in the hall. Each exhibitor will have a list with time slots so that the attendees can schedule individual time to speak with an exhibitor. Mr. Brown expressed concern about the individual interview with exhibitors because the room needed to be vacated by 7:00pm. It was agreed that the last interview should be completed by 6:50pm. Members of the BCI subcommittee would have nametags that would identify the subcommittee with BCI STAFF – ASK ME! Councillor Simmons suggested that information about the BCI STAFF – ASK ME! be displayed on an easel. She requested the Logistics Committee to secure the necessary easels from MIT.
Mr. Brown stated that the Logistics Committee has planned for 20 tables. In response to a question by Mr. Monagle it was agreed that the exhibitors would be assigned alphabetically.
Mr. Monagle stated that the Kresege lot will be used for parking and would be on a first come first serve basis. The attendees should be encouraged to use public transportation stated Councillor Simmons.
Ms. Madden suggested outside signage directing attendees to the BCI location. An easel in the basement listing the room was suggested.
The Logistics subcommittee would contact the confirmed businesses in an effort to accommodate the needs of the exhibiting businesses. Ms. Madden stated that she would do one more mailing and then telephone businesses. Ms. Johnson would contact the speakers to make sure that they are sure of the location of the BCI.
Ms. Madden stated that 43 businesses have registered. Ms. Johnson stated that she anticipates a large amount of walk-ins. Councillor Simmons suggested that follow up calls be made to the restaurants. Ms. Johnson stated that she has confirmed with the speakers and has asked for any handouts as well as their needs as an exhibitor. She confirmed that the local and national DNC would be represented. Ms. Madden distributed a list of confirmed speakers and exhibitors (ATTACHMENT A).
Councillor Simmons stated that she would talk to Deb Eisner and Mary Hurley about writing an article for their newspapers about the BCI. Ms. Tomeu stated that she has discussed the BCI with Mary Hurley and an article would appear in the Globe on October 20, 2003. She requested that Ms. Johnson e-mail to her information and a biography on the keynote speaker.
The table tents and exhibitor signs were displayed and would be produced by CDD.
Mr. Monagle stated that a count for the food of 250 would be given to MIT on October 15, 2003.
Ms. Johnson stated that she would call and order the BCI bags for the attendees to carry the information from the exhibitors.
The next meeting was scheduled for Wednesday, October 15, 2003 at 10:00am.
Councillor Simmons thanked all attendees.
The meeting adjourned at twelve o’clock and twenty-eight minutes p.m.
For the Committee,
Councillor E. Denise Simmons, Chair
Committee Reports #10 and #11
The Ordinance Committee and the Housing Committee held a joint public hearing on September 3, 2003, beginning at four o’clock and thirteen minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Zoning Ordinance to gain dimensional relief in housing and mixed use projects in exchange for providing housing affordable to middle income housing owners and renters.
Present at the hearing were Councillor Anthony D. Galluccio, Chair of the Housing Committee, Councillor Brian Murphy and Councillor David P. Maher, co-chairs of the Ordinance Committee, Michael A. Sullivan, Vice Mayor Henrietta Davis, Councillor Kenneth E. Reeves, Councillor E. Denise Simmons, Councillor Timothy J. Toomey, Jr. and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Susan Glazer, Deputy Director, Community Development Department (CDD), Lester Barber, Director of Land Use and Zoning, Community Development Department (CDD), Darcy Jameson, Director of Housing, CDD, and Nancy Glowa, First Assistant City Solicitor.
Councillor Galluccio convened the hearing and explained the purpose. He introduced Assistant City Manager Beth Rubenstein and invited her to begin the presentation.
Ms. Rubenstein described the petition, developed at the City Council’s request. CDD responded in December 2002 with a “thought piece” on the issue. At the August 2003 City Council meeting, CDD submitted this proposed language. It provides for a special permit process for dimensional relief in exchange for providing housing affordable to middle income residents. “Affordable for middle income residents” is defined as affordable for those with incomes up to 100% of the median income, paying no more than 30% of income for the housing. This proposal does not impact the current inclusionary zoning ordinance. Inclusionary units are for residents with incomes up to 80%. The ordinance calls for a public hearing at the Planning Board, based on a written application. Ms. Rubenstein said that CDD believes that the City will need some consultant services from experts familiar with the development world to assist in evaluating the applications
Ms. Rubenstein said that the kinds of dimensional relief which a developer may seek are set out in section 11.203.3 of the proposed ordinance and include additional FAR, additional height in accord with a schedule related to the maximum height of the zoning district in which the project is located, waiver of yard requirements and reduction of required open space.
The criteria for granting the special permits can be found in section 11.203.33. Criteria include a reasonable relation between the number of middle income affordable units to be provided and the value of the dimensional relief to be granted, service to households in a range of middle incomes, with a target of households at 90% of median, and units of a type, size and tenure that serve the needs of the city or neighborhood within which they are located. Larger units with three or more bedrooms are encouraged. In addition, the Planning Board must find that the building and site plans do not unreasonably negatively impact adjacent properties.
At this time, Councillor Galluccio invited questions from members of the committee.
Vice Mayor Davis asked what the public process is likely to be. Ms. Rubenstein said it would be the same as for any special permit. It would include the same notice and advertising as for other public hearings before the Planning Board. Vice Mayor Davis said that she would like to see the program work but she is concerned that the public input be substantial enough for the public not to believe that granting the permits is a forgone conclusion. She said that is why the impact on adjacent properties is an important criteria.
Vice Mayor Davis asked what income constitutes “median income.” Ms. Rubenstein responded that the median income for a family of four is $80,000 and for a single individual; 100% of median income is $56,000. Vice Mayor Davis asked what is the minimum number of median income units that could be provided. Mr. Barber said that the lower limit is 5% of the base number of units, with a minimum of one unit, whichever is greater. However, the Planning Board will assess the number of units based on the relief sought and the appropriateness of the number of units to the value of the relief. For example, with a base project of 100 units, under the inclusionary zoning provisions, the total number of units would be 130. The minimum number of middle income units would be five units, 5% of the 100, but the Planning Board could require more middle income units. The Planning Board could say that the dimensional relief is not appropriate in the particular case, or that the dimensional relief means there should be more middle income units provided.
Councillor Galluccio thanked CDD for providing language for the general concept. He asked whether this ordinance represents a philosophic change in flexibility for the Planning Board. Ms. Rubenstein responded that this proposal provides some additional flexibility while retaining the core public policy value of providing housing for low income residents. The proposal keeps inclusionary zoning intact. The inclusionary zoning requirement is mandatory, not discretionary.
Councillor Galluccio asked how many affordable units inclusionary zoning has produced. Ms. Rubenstein said that 131 inclusionary units have been produced to date.
Councillor Galluccio urged developers to provide comment from their perspective and asked Ms. Rubenstein whether this special permit process could be part of the process for any other special relief sought. Ms. Rubenstein responded that when a development project needs multiple permits the applications are almost always considered together in one process. This would be treated the same way. The length of time required for the special permit process depends on the complexity, but generally it takes three to six months.
Councillor Maher asked whether there would be deed restrictions on homeownership of middle income units. Ms. Rubenstein said that there would be. He asked if any other communities are doing anything similar, and Ms. Rubenstein said that CDD does not know of any others with middle income incentives, but that there are other communities with inclusionary zoning provisions.
Vice Mayor Maher asked whether other jurisdictions give their Planning Boards more subjectivity and Ms. Rubenstein responded that the process by its nature is subjective.
Councillor Murphy noted the difficulties of having a more definite rule in a city with a variety of neighborhoods and housing values.
Councillor Galluccio then invited public comment.
Elie Yarden, 143 Pleasant Street, stated that he had difficulty reading the proposed amendment because of the obscurity of the original language. He is very worried about the goal of housing being used for bad purposes. The first question that the community must answer most is what do we see as an optimal population. He sees that as quite high. Mr. Yarden noted some concerns with the lack of clarity in the language used to discuss zoning. He suggested not using “density” to mean FAR when talking to the public. He questioned the use of the term “trade off” in connection with open space reduction. “Trade off” generally refers to open space. It is generally understood that if you have more population, you need more open space, not less. He raised the issue of parking space requirements. Public transportation becomes an issue of importance in connection with what parking spaces are needed. He noted another issue he would call a political issue. He is committed to protecting the political integrity of Cambridge “Corporate barracks” do not help build a city.
Peter Steffian, 931 Massachusetts Avenue, stated that he is an architect who has done numerous projects in the City of Cambridge. The length of time it takes to get through the Planning Board can be pretty brief if you are prepared and prepared to design a good building. This proposal gives the designer/developer the flexibility to make a better building. It is a wonderful addition to the regulation.
John Moot, 44 Coolidge Hill Road, stated that his concern in Cambridge is the quality of life. Inclusionary zoning added a huge increase to the density after the citywide rezoning to lower the density. He gave the example of a development in Third Street. The height limit is 85 feet. The 20% open space required will be met with a park in the middle of a fort. The 85 foot walls rise straight up from the street. This project is creating units that no one will want to live in. It is essential to look very carefully at the issue of livability.
Stash Horowitz, 12 Florence Street, stated that the City has just rezoned North Point to allow for a great deal of housing. He believes that the Inclusionary Zoning Ordinance actually requires a full 15% of total units to be affordable, not just 15% of the base units. Mr. Horowitz said that this ordinance does allow additional FAR. The City does have City staff with experience in evaluating housing costs. Even with big bonuses built in for housing over commercial, inclusionary zoning has only added 131 units. He stated that Cambridge does not need to strengthen the ordinance anymore, the City just needs to sit back and wait. He stated that the Planning Board should not have the right to discard as-of-right zoning in transitional areas.
Councillor Maher moved that the proposed amendment remain in committee. The motion passed on a voice vote without objection.
Councillor Galluccio thanked all those present for their attendance.
The meeting was adjourned at five o’clock and twenty-five minutes p.m.
For the Housing Committee,
Councillor Anthony D. Galluccio
For the Ordinance Committee
Councillor David P. Maher, Co-Chair
Councillor Brian Murphy, Co-Chair
Committee Report #12
The Ordinance Committee held a public meeting on September 24, 2003, beginning at four o’clock and thirty minutes p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Zoning Ordinance to rezone city parks and recreational facilities as open space.
Present at the hearing were Councillor Brian Murphy and Councillor David P. Maher, co-chairs of the committee, Vice Mayor Henrietta Davis, Councillor E. Denise Simmons and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use Planning and Zoning, Community Development Department (CDD), Stuart Dash, Director of Community and Neighborhood Planning and CDD, Iram Farooq, Community and Neighborhood Planner, CDD.
Councillor Murphy convened the hearing and explained the purpose. He invited Mr. Barber to provide an overview of the proposed amendment.
Mr. Barber explained that the proposal would rezone thirty-five open city-owned areas from various current zoning designations to open space (See ATTACHMENT A). These changes would complete a process begun with the Pitkin, et al. Petition in 1997, which culminated in the rezoning of a number of city parks and school athletic facilities to that Open Space designation.
These parklands range all across the city. As a result, their current zoning designations range broadly from low density housing to high density commercial districts. The change would reduce the FAR permitted for any development on these parklands to 0.25, the lowest in the Zoning Ordinance. Height is limited to 35 feet and extensive front, side and rear yards are required. Private commercial uses and housing would be prohibited; some private and municipal institutional uses [e.g. churches, libraries, museums, etc.] would continue to be allowed after a review of any reuse proposal by the Planning Board and a report to the City Council. For the most part, the petition would rezone parks. Some are parks that are in the area of road right-of-ways at present, e.g. the Hawthorne Street and Memorial Drive spot. This language does not include small tot lots and other small recreational facilities found on school sites. More research is needed to locate and physically define these areas before a rezoning petition can be drafted for them.
Councillor Murphy asked whether it would be fair to say that these are areas that already are seen as open space, a sort of “tidying up of the ordinance.” Mr. Barber answered in the affirmative.
Vice Mayor Davis made a motion for a referral of the proposed amendment 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 attendance.
The meeting was adjourned at four o’clock and thirty-five minutes p.m.
For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor David P. Maher, Co-Chair
Committee Report #13
The Ordinance Committee held a public meeting on September 24, 2003, beginning at five o’clock and one minute p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a petition to amend the Zoning Ordinance to implement the recommendations of the Rooftop Mechanical Task Force which met from February 2002 to May 2003.
Present at the hearing were Councillor Brian Murphy and Councillor David P. Maher, co-chairs of the committee, Vice Mayor Henrietta Davis and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use Planning and Zoning, Community Development Department (CDD), Stuart Dash, Director of Community and Neighborhood Planning, CDD, Iram Farooq, Community and Neighborhood Planner, CDD and Robert Bersani, Commissioner of Inspection Services Department (ISD).
Councillor Murphy convened the hearing and explained the purpose. He invited the CDD staff to make a presentation. Iram Farooq, Project Manager, CDD, began the presentation. Ms. Farooq first noted presence of two members of the task force, Tom Lucey and Robert Bersani.
She described the genesis of the project. The Citywide Rezoning petition contained some proposals for regulation of rooftop mechanicals, as did the East Cambridge Rezoning. They were not adopted as part of these zoning petitions; rather the City Manager appointed a task force including residents, institutional and biotech industry representatives, city staff and members of the planning board.
The key recommendations of the task force are as follows:
* Information on the schematic design of proposed rooftop mechanical systems would be included in project review special permit applications.
* Review of visual aspects would be part of the project review special permit criteria, with an emphasis on:
1. screening of rooftop mechanical equipment;
2. demonstration of how the treatment of the mechanical equipment relates to the character of the building;
3. designs which explore alternative locations for some of the mechanical equipment, such as basements;
4. consideration of impact of rooftop equipment on adjacent areas, particularly residential, and on views and vistas.
* Limits would be placed on the height of mechanicals adjacent to low-density residential districts (Res A, A-1, A-2, B, C, C-1, C-1A, C-2, C-2A, C-2B), within a 45 degree bulk control plane.
* As part of project review special permit applications, developer would be required to describe how the project will comply with the existing Noise Ordinance.
Ms. Farooq noted that all of these recommendations are geared toward getting developers to think about these issues early on.
Councillor Murphy asked Ms. Farooq to explain the working of the forty-five degree bulk control plane. Ms. Farooq replied that in essence, it works to push the rooftop mechanicals away from the residential area.
Vice Mayor Davis asked about the noise mitigation aspects. Ms. Farooq said that the standards are those of the City’s Noise Ordinance. They require developers to submit, at the time of the special permit application, a detailed report from a certified noise consultant on how the developer plans to meet the standard.
Vice Mayor Davis asked about enforcement in places where the background noise already exceeds the limits of the Noise Ordinance. Ms. Farooq responded that these recommendations target new development; however the Task Force recommended that the City Manager institute another group to look at enforcement issues with regard to existing development.
Vice Mayor Davis noted that there are major issues around enforcement of the current noise ordinance.
The committee then moved to public testimony.
Stash Horowitz, Vice President of the Association of Cambridge Neighborhoods, 12 Florence Street, expressed his concern with the make-up of the committee, which was composed of six city staff, two members of the Planning Board, two representatives of the biotech industry, an architect and two residents. There should have been more city residents, he said.
Mr. Horowitz also stated that Sec. 19.24.6 is a little ambiguous. There is no requirement for a test of all of the equipment before a certificate of occupancy is issued. The allowed decibel level is problematic. The decibel scale is exponential. The decibel level of fifty-five for residential areas is too high. The level of seventy, allowed in industry zones is just phenomenal and should not be allowed even in industrial areas.
Mr. Horowitz said that this proposal has some good parts, but there needs to be an absolute limit in the bulk control plane standard. However the major issue is not addressed: there will be more and more biotech, with more and more mechanicals. There needs to be some incentive to bury these mechanicals in the basement; one good way is to require mechanicals to be calculated as part of the FAR. He suggested starting modestly, counting mechanicals as 0.2 FAR.
Vice Mayor Davis asked Commissioner Bersani to comment on the noise aspects. Commissioner Bersani said that there was a great deal of discussion of this matter at the Task Force meetings. She asked how ISD will know whether the equipment meets the noise requirements when the CEO is issued. Mr. Bersani said ISD won’t really know without testing. If there were a complaint, he would go to the License Commission for testimony.
Vice Mayor Davis noted that the License Commission is currently testing at the level of the bedroom of the complainant, even though the ordinance states that testing should occur at the lot line. It seems clear that the City Council needs to find out how enforcement will occur.
Councillor Maher moved that the petition be referred 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 attendance.
The meeting was adjourned at five o’clock and thirty-two minutes p.m.
For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor David P. Maher, Co-Chair
Committee Report #14
The Ordinance Committee held a public meeting on September 24, 2003, beginning at four 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 Cambridge Zoning Ordinance to modify the Table of Use Regulations in the ordinance to restrict or eliminate some anomalous uses now allowed in open space districts.
Present at the hearing were Councillor Brian Murphy and Councillor David P. Maher, co-chairs of the committee, Councillor E. Denise Simmons and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use and Zoning, Community Development Department (CDD), Stuart Dash, Director of Community and Neighborhood Planning, CDD and Iram Farooq, Community and Neighborhood Planner, CDD.
Councillor Murphy convened the hearing and explained the purpose. He invited Mr. Barber to explain the proposal.
Mr. Barber explained that this petition would address some odd uses allowed in the open space districts which came to the attention of both the Planning Board and the City Council in the course of discussing other zoning petitions related to open space. For example Commercial recreation (a retail use category allowed in Open Space districts) is intended perhaps to permit golf facilities, a marina, or boat rentals (uses consistent with large park or along the Charles River). However, that use category also encompasses activities like bowling alleys and video game arcades, activities not appropriate in a public park. Another retail category, Theater or hall for public gathering, is also allowed in the Open Space District. As a result outdoor or summer theater functions would be allowed in a city park zoned Open Space. However, that same use category would also allow commercial movie theaters, a use that would generally not be allowed in the city except in busy retail districts. In another instance, the institutional use category Club, lodge or other fraternal or sororal meeting facility is appropriately prohibited. But a yacht club might reasonably be permitted in conjunction with boating facilities in an Open Space district.
The proposed zoning petition would make modifications to the text of the Zoning Ordinance to eliminate the mismatches in the Open Space district’s regulations noted. A copy of the proposed amendment is attached to this report (ATTACHMENT A).
Vice Mayor Davis asked about farmers’ markets. She said she believes that this is public use that could fit well along the river. Could they be included without including uses that should not be allowed there?
Mr. Barber said that he would look into what category farmers’ markets fall within and how this use could be allowed in open space zones without permitting other inappropriate uses.
At this time Councillor Murphy invited comment from members of the public. No public comment was offered.
Councillor Simmons made a motion to refer the proposed petition 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 attendance.
The meeting was adjourned at four o’clock and twenty-two minutes p.m.
For the Committee,
Councillor Brian Murphy, Co-Chair
Councillor David P. Maher, Co-Chair