CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $1,500 Grant from the National Association of State Alcohol and Drug Abuse Directors to the Grant Fund Human Service Programs Other Ordinary Maintenance account and will fund The 21 Proof Program, which provides server/seller training for all those who sell and serve alcohol in Cambridge and was developed by the Cambridge Prevention Coalition, the Cambridge License Commission and the Cambridge Licensee Advisory Board.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the MetroNorth Regional Employment Board for $58,500 to the Grant Fund Human Service Program Salary and Wages account ($38,500) and to the Grant Fund Human Services Other Ordinary Maintenance account ($20,000) and will be used to reimburse the City for salary costs associated with enrolling forty-five additional income-eligible youth in the Mayor’s Summer Youth Employment Program and to support program costs for work sites taking large numbers of youth.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $6,500 from Employee Benefits (insurance) Salary and Wages account to the General Fund Public Library Travel and Training account (judgment and damages) to cover present and future medical services for employees injured during the performance of their work duties.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $175,000 from Employee Benefits (insurance) Salary and Wages account to the General Fund Police Travel and Training account (judgment and damages) to cover medical services and/or prescription reimbursement costs for police personnel injured in performance of their duties.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-65, regarding the financial impacts of development delays for the North Point project.

Oct 29, 2007
To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-65, regarding the financial impacts of development delays for the North Point project, Director of Assessment Robert P. Reardon reports the following:

The Board of Assessors has reviewed the financial impact of development delays for the North Point Project over the next five years and ten years.

The revenue estimates for the next five years indicates little or no impact from the North Point Project lawsuit. The financial projects, which were included in the five year plan are already under construction and are not impacted by the lawsuit. Commercial development was not considered to be significant because of the relocation of the Lechmere Station, considered a revenue neutral event.

The projected assessed value estimates for years six through ten would be approximately $100,000,000 per year, with approximately 60% residential and 40% commercial or $450,000 in residential taxes and $735,000 in commercial taxes, based upon a 20 year build-out. The cumulative loss, if the project were not started in years six to ten, would be approximately $6,225,000 or $1,245,000 per year in real estate taxes.

The difficulty in estimating future revenue is the uncertainty of the economy, which will dictate the development of the project mix and has direct impact on the real estate taxes. The overall project is anticipated to be worth approximately $2 billion in today’s dollars and will be split 60% residential and 40% commercial. If the real estate market for commercial development is strong during years six to ten, then the City of Cambridge would benefit because of the split tax rate, whereas, if residential development were the major focus the City would have less of a financial benefit.

The residential development component also has the possibility of condominium units, which would be eligible for individual residential exemption, as opposed to apartment development, which, if the owner resides in the complex, would only be eligible for one residential exemption for the entire complex.

Very truly yours, Robert W. Healy, City Manager

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-116, regarding a report on analyzing bicycle parking in the City with recommendations for additional parking.

Oct 29, 2007
To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-116, regarding a report on analyzing bicycle parking in the City with recommendations for additional parking, Assistant City Manager for Community Development Beth Rubenstein and Traffic, Parking & Transportation Director Susan Clippinger reports the following:

Staff from the Traffic, Parking and Transportation Department and Community Development Department have embarked on an evaluation of bicycle parking needs in all the major commercial areas of the city, including those near transit stations.

Harvard Square
The first analysis has just been completed for Harvard Square. The analysis included an inventory of bike rack locations, rack utilization, recorded location and number of bikes not parked to racks, and recommended locations for additional bicycle parking.

Based on the study findings, 26 new bike racks will be installed throughout the Square in Spring 2008 as part of the city’s bicycle rack program.

Porter Square
For Porter Square, city staff have been working in coordination with MBTA staff on their renovations of the station for improving elevator access and adding an additional elevator. As part of this work, parking for 74 bicycles will be provided outside of the station.

Alewife
The MBTA has been evaluating bicycle parking for the Alewife MBTA station and will be making improvements on their own property for bicycle parking there.

Central Square, Kendall Square and Lechmere
Central Square will be the next major commercial area studied in a manner similar to the Harvard Square evaluation, planned for the spring of 2008, followed by Kendall Square, Inman Square, and the Lechmere area. In addition, 20 new bicycle racks were added recently to Central and Kendall Squares.

Very truly yours, Robert W. Healy, City Manager

7. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the Planning Board on the refiled Cott, et al petition to rezone the area bounded by Broadway, Lee Street, Harvard Street, and Hancock Street from a Residence C-1 designation to the Residence B designation.

Wed, Oct 24, 2007
To the Honorable, the City Council,

Subject: Refiled Cott, et al. petition to rezone the area bounded by Broadway, Lee Street, Harvard Street, and Hancock Street from a Residence C-1 designation to a Residence B designation.

Recommendation: The Planning Board reasserts its recommendation that the City Council not adopt the petition as filed. While the subject block, typical of other blocks in the neighborhood, has land parcels of varied development characteristics, its overall characteristics seem better suited to the regulations of the existing Residence C-1 designation than the proposed Residence B designation. Other blocks designated Residence C-1 in Mid-Cambridge or other neighborhoods may have similar conditions, and it would not be appropriate to treat this block differently without a strong planning rationale for doing so. The Board also recommends against rezoning the subject area to a Residence C designation, as was suggested at the public hearing but not formally proposed.

Discussion
The Board has previously considered this petition in its current form and submitted a recommendation to the Council dated July 30, 2007. While some additional information was provided at the most recent hearing on the matter, it is still the Board’s view that the Residence C-1 designation is appropriate given the current character of the block, and that a change to a more restrictive zoning designation would place an undue burden on property owners. It still appears that the primary motivation of the proposed zoning amendment is to restrict the development potential of two specific parcels with backyards that are larger than typical for the block, one of which is the subject of a current development proposal for an additional residential unit, and another that might have the potential to develop additional residential units. Even under a Residence C-1 designation, there are multiple zoning requirements for yard setbacks, open space, and parking, which suggest that for most lots on the block there is not likely to be much future change, and that the potential for a large number of additional dwelling units, based on allowed dwelling unit density alone, is not likely to be realized.

At the public hearing, proponents presented new testimony suggesting that there are other areas of the city with comparable building types that also have a Residence B zoning designation. The Board acknowledges that there may be a precedent for applying a Residence B designation to small blocks in neighborhoods that are predominantly zoned Residence C-1. However, there are also likely comparable blocks throughout the city that have retained a Residence C-1 designation. The Board finds that although precedents may exist elsewhere in the city, that is not a sufficient justification for making a substantial zoning change on this particular block with its unique circumstances.

The Board appreciates the discussion that took place at the public hearing, which addressed the character of urban neighborhoods and the interaction of often competing ideas such as density, diversity, family-orientation, affordability, the rights of property owners, the importance of shared visual open space, and the quality of the public environment.

In particular, the balancing of individual property rights with the need to maintain open space is a complex issue that will surely continue to be discussed in public forums. However, there are existing zoning measures, developed through public planning processes earlier in the decade, which address the preservation of open space on residential lots. Furthermore, in Mid-Cambridge, the Mid-Cambridge Neighborhood Conservation District Commission undertakes an extensive review process to determine the appropriateness of proposed infill projects, including their impact on open space and landscape preservation. In the opinion of the Board, it would not be appropriate to change the existing rules because, in this case, neighbors were not pleased with the outcome of the process on one particular lot, which, from the Board’s perspective, appeared to work well and has produced a fair result.

Testimony at the public hearing suggested that a Residence C designation, a zoning district intermediate in density between C-1 and B, might be a favorable alternative for the affected block. While this may seem like a reasonable compromise, the Board finds no compelling planning rationale to suggest that a Residence C designation would be more appropriate than either the existing Residence C-1 designation or the proposed Residence B designation. Given the current development status of the block, down-zoning to either Residence B or C would only have the effect of further constraining the development rights of all parcels on the block while still prohibiting the potential development of additional units on the two larger parcels having larger backyards.

It is still the Board’s conclusion that, generally, this block is likely to remain quite stable into the future. For most lots, only modest, non-disruptive changes can be expected over time. For the two very largest lots on the block, some additional development can be expected, but it can be managed well through the mechanisms now in place to review such matters. The current Residence C-1 designation, along with the review processes of the Mid-Cambridge Neighborhood Conservation District, appropriately balances individual lot owner options and opportunities with protection of essential shared public assets.

Respectfully submitted for the Planning Board,
Barbara Shaw, Chair

8. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the City Council Petition to Modify Requirements for Side Yards Setbacks in All Residence "C" districts.

Oct 16, 2007
To the Honorable, the City Council,

Subject: City Council Petition to Modify Requirements for Side Yards Setbacks in All Residence "C" districts.

Recommendation. The Planning Board does not recommend adoption of the Petition. The proposal is a major alteration to the longstanding and generally successful provisions of the zoning ordinance that apply throughout residential neighborhoods in the eastern half of the city and within the institutional campuses of Harvard University and the Massachusetts Institute of Technology, among other locations. The changes have the potential to significantly, and in some circumstances dramatically, impact the feasibility of development on lots located in the affected "C" districts.

Discussion.
Proposal
The Petition proposes two changes to the setback rules in the numerous existing "C" districts (i.e. Residence C, C-1, C-1A, C-2, C-2A, C-2B, C-3, C-3A, C-3B). The first would establish minimum setback requirements for side yards in all these districts as are now already imposed in the Residence C district: 7’6" for any one side yard, with a minimum sum of 20 feet for the two sides of a lot.

The second, much more significant change, would require that the length of a building wall inserted into the setback formula ("L" in the formula) not be the wall length of a single building, but rather the sum of the wall lengths of all of the buildings facing the same lot line, whether the buildings are existing or proposed. In one four-building development recently approved by the Planning Board in a Residence C-1 district, the revised formula would change the required setback for each of the four buildings proposed from 12 feet to 32 feet, perhaps reducing development potential significantly in the process and certainly reducing design flexibility in a negative way. The consequences on large institutional lots with multiple existing buildings on them are very hard to anticipate.

Background
The Zoning Ordinance takes two approaches to establishing building setbacks. In the lower density Residence A-1, A-2 and B districts (FAR limit of 0.5), an absolute number is established for all yards, front, side and rear.

In the higher density residence "C" districts (FAR limits of 0.6 to 3.0) a formula is provided that determines the required setback from all lot lines. The result of the formula (i.e. the required yard or setback) is based in part on the length and height of the building wall facing a lot line; the longer or higher a particular wall is, the greater the distance it must be set back from the lot line. These formulas were introduced into the Ordinance in 1961.

In the case of front and rear yards, the regulations also impose a minimum setback requirement, notwithstanding the result of the formula. It is this additional aspect of the "C" setback provisions that the Petition purports to address; with the exception of the lowest density "C" district (Residence C), no minimum setback is imposed for side yards in any "C" district.

Considerations
As the density of development permitted on a lot increases, the formula approach to setbacks has the advantage of encouraging more varied building forms, or much greater absolute setbacks for simple building forms, or the construction of multiple buildings instead of a single one.

Those incentives to modulate a building’s shape that are inherent in the formula approach to setbacks, make the higher densities allowed in the "C" districts easier to accommodate on a lot with more varied building construction that can adapt to its context, with a less drastic impact on neighbors.

When the Zoning Ordinance last experimented with absolute numerical setback requirements in the "C" districts, in the Townhouse Development Ordinance in the 1970s and 1980s, the long, unvaried building forms that resulted were not appreciated.

Conclusion
It is the Board’s view that the current formula system has worked well; the Board, therefore, does not recommend the changes proposed in the Petition. The change in the calculation of the "L" value in the formulas, in particular, introduces much uncertainty and inflexibility in a system now working well and would be a radical change that would make many existing structures non-conforming. The second proposed change, the introduction of minimum setbacks, while not as radical as the first proposal and more consistent with current practice elsewhere in the Ordinance, does introduce uncertainty and opportunities for unintended consequences that past experience suggests present an unnecessary are undesirable.

Respectfully submitted for the Planning Board,

Barbara Shaw, Chair

9. Transmitting communication from Robert W. Healy, City Manager, relative to revisions to Chapter 8.24 of the Cambridge Municipal Code on Refuse and Litter. This ordinance has been further revised to reflect changes requested at the Sept 19th Ordinance Committee meeting.

To the Honorable, the City Council:

Attached please find revisions to Chapter 8.24 of the Cambridge Municipal Code on Refuse and Litter. This ordinance has been further revised to reflect changes requested at the Sept 19th Ordinance Committee meeting. Specifically:

Language has been added to specifically reference dumpsters and the requirement that they be kept closed at all times other than pickup; and with regard to commercial and nonprofit establishments, language has been added stating: "All refuse awaiting private collection shall be in refuse receptacles which shall contain only refuse generated by owners or occupants of the private property where they are located…."

Furthermore, I would like to address two additional questions of the Ordinance Committee:

1. Membership for the Rodent Task Force is currently being advertised. I expect to have additional members appointed to this task force by the end of November.

2. As requested, attached is information on the City’s exemption programs for rubbish and recycling. This information is also on the City’s website at <www.cambridgema.gov/TheWorks/departments/solidwaste/exemptions.html>

Very truly yours, Robert W. Healy, City Manager

10. Transmitting communication from Robert W. Healy, City Manager, relative to revisions to Chapter 13.16 of the Cambridge Municipal Code "Sewer System Regulations."

Oct 29, 2007
To the Honorable, the City Council:

I am hereby transmitting comprehensive revisions to Chapter 13.16 of the Cambridge Municipal Code "Sewer System Regulations." These revisions are necessary to comply with the City’s National Pollution Discharge Elimination System (NPDES) Phase II permit to discharge stormwater from our separated stormwater outfalls.

The City was required to submit a Notice of Intent (NOI) under the United States Environmental Protection Agency’s (EPA) NPDES Phase II program. The City submitted its NOI on July 29, 2003. The Phase II program applies to urbanized areas in the United States not covered under the Phase I program. Phase I communities included incorporated areas or counties with populations greater than 100,000 according to the 1990 census.

The NPDES Phase II program was created to further the goals of the federal 1972 Clean Waters Act to eliminate the discharge of pollutants into waterways and make all U.S. waters swimmable and fishable. During rain events, pollutants such as litter, oil and grease from roadways, sediment from construction sites, and carelessly discarded chemicals are washed into catch basins and discharge to local waterways often untreated. These pollutants can impair waterways thereby discouraging recreational use, contaminating drinking water supplies, and interfering with the habitat for fish, other aquatic organisms, and wildlife.

The NPDES Phase II program requires regulated communities to ensure that on or before the expiration of their permit (May 1, 2008) they have legal authority to:

Prohibit non-stormwater discharges (illicit discharges) into the stormwater system and implement enforcement procedures and actions.

Develop, implement, and enforce a program to reduce pollutants in stormwater runoff to the separated stormwater drainage system from construction activities that result in the disturbance of greater than or equal to one acre.

Develop, implement and enforce a program to address stormwater runoff from post construction activities for new development and redevelopment projects that disturb at least one acre and discharge in the municipal separated system.

Staff has been working to ensure that Cambridge municipal ordinances are in compliance with the City’s NPDES Phase II permit. Their review has concluded that the above requirements are not adequately addressed within the Cambridge Municipal Code. Specifically, we are recommending revisions to Chapter 13.16 Sewer System Regulations that broaden the coverage under the ordinance by including discharges from stormwater and construction activities. The revised ordinance also contains enhanced provisions relative to authority, penalties, enforcement, assessments and rates for sanitary and stormwater discharges; and gives the Commissioner of Public Works the authority to promulgate regulations and guidance documents regarding discharges from sanitary and stormwater systems and from construction activities. The regulations and guidance documents developed by the Commissioner of Public Works will incorporate the current practices required by DPW to address water quality and quantity concerns throughout the City.

A brief summary of changes to Chapter 13.16 is outlined below:

Chapter 13.16 – name changed to Wastewater and Stormwater Drainage System

Section 13.16.010 Definitions: expanded definition section

Section 13.16.020 Wastewater System and Stormwater Drainage System connections: provides the Commissioner of Public Works with the authority to regulate activities related to public and private sanitary sewers, combined sewers and stormwater drainage systems. The Commissioner shall also promulgate regulations and guidance documents regulating such activities. Some of the deleted sections in the original Sewer System Regulations which speak to how a connection is to be made will be revised and included in the regulations and guidance documents to be promulgated by the Commissioner. Formerly Sections 13.16.020 and 13.16.030.

Section 13.16.030 Wastewater and Stormwater Drainage System – City Engineer’s Duties: expanded to reference the regulations and guidance documents to be promulgated by the Commissioner. Formerly Section 13.16.040.

Section 13.16.040 Interference and obstruction during construction: expands section to include City’s wastewater systems (sanitary and combined sewers) and stormwater drainage system. Formerly Section 13.16.050.

Section 13.16.050 Discharges – Commissioner’s responsibilities: The revised Section 13.16.050 provides for the Commissioner to promulgate regulations and guidance documents to control the use of the City’s Wastewater System and Stormwater Drainage System. Information deleted from former sections 13.16.060 through and including information in section 13.16.090 will be incorporated into the regulations and guidance documents to be promulgated by the Commissioner.

Section 13.16.060 Inspectors – Powers and authority: includes reference to regulations and guidance documents to be promulgated by the Commissioner. Formerly Section 13.16.100.

Section 13.16.070 Assessments – Wastewater System prerequisite: changed terminology to correlate with revised definitions. Formerly Section 13.16.120.

Section 13.16.080 Annual Wastewater System use charge: This section sets forth the procedure for the City Council to adopt the Annual Wastewater System Use charge (aka "sewer rate") formerly Section 13.16.130. Former Section 13.16.140 was deleted.

Section 13.16.090 Property destruction prohibited: expanded to also reference the regulations and guidance documents to be promulgated by the Commissioner and to include the City’s Wastewater System and Stormwater Drainage System. Formerly Section 13.16.150.

Section 13.16.100 Violation – Penalty: expands violations to include violations of the regulations and guidance documents and increases the maximum amount of a fine from $20 to $5000 for each violation as well as providing for the City to recover its costs from violators, including fines imposed upon the City for discharges of pollutants to waterways. The manner in which the provisions of the Ordinance will be enforced and violations will be served and processed will be included in the promulgated regulations consistent with federal, state and local laws. Formerly Section 13.16.160.

I recommend your adoption of these revisions.

Very truly yours, Robert W. Healy, City Manager

11. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $15,000 donation from Whole Foods to the Grant Fund License Commission Other Ordinary Maintenance account to support the Hybrid Cab program.

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

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

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

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

5. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007. Placed on Table Order Number Sixteen of Apr 30, 2007 on the motion of Councillor Davis on May 7, 2007. Motion to take from the Table failed 4-4-0-1 on Sept 17, 2007. Motion to take from the Table failed 3-5-1 on Sept 24, 2007.]

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

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

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

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

10. That the City Manager is requested to confer with Tom McNichol, President of the Charles River Clean Up Boat, and MIT to resolve the issue of the financial status of this organization. [Charter Right exercised by Vice Mayor Toomey on Order Number One of Sept 17, 2007. Placed on Table on the motion of Vice Mayor Toomey on Sept 24, 2007.]

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

12. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 for the purpose of continuing to consider a proposed amendment to the Noise Ordinance to regulate leaf blowers. The question comes on passing to be ordained on or after Aug 13, 2007.

13. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 5, 2007 for the purpose of considering a petition filed by the Planning Board to re-zone portions of the Residence C-1 zoning district to a Residence B district in the Strawberry Hill Neighborhood along Cushing Street between St. Sauveur Court and Thingvilla Avenue, in the area of Oxford and Fairview Avenue, and the corner of Huron Avenue and Cushing Street. The question comes on passing to be ordained on or after Oct 8, 2007. Petition expires Dec 4, 2007.

14. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering proposed amendments to Chapter 8.24 of the Municipal Code: Refuse and Litter. The question comes on passing to be ordained on or after Oct 29, 2007.
Ordained as amended 9-0-0 -- Ordinance #1310

15. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards for certain projects of 25,000 square feet or more. The question comes on passing to be ordained on or after Oct 29, 2007. Petition expires Dec 18, 2007.

16. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Oct 3, 2007 for the purpose of considering a proposed amendment to the Municipal Code to add a new Section 2.125 entitled "Cambridge Gay, Lesbian, Bisexual and Transgender (GLBT) Commission. The question comes on passing to be ordained on or after Oct 29, 2007.
Ordained 9-0-0 -- Ordinance #1309

17. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B, a/k/a Re-filed Cott Petition. The question comes on passing to be ordained on or after Nov 5, 2007. Petition expires Dec 18, 2007.

APPLICATIONS AND PETITIONS
1. An application was received from Thomas O'Leary and Rosalie Post, requesting a curb cut at the premises numbered 24 Mount Auburn Street (on the Athens Street side); said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from neighborhood association.

2. An application was received from Anne Hall, requesting permission for a sign at the premises numbered 260 Concord Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

COMMUNICATIONS
1. A communication was received from Samuel S. Brooks, transmitting written protest to the Refiled Cott Petition.

2. A communication was received from Guy Harold Asaph, transmitting written protest to the Refiled Cott Petition.

3. A communication was received from State Senator Anthony D. Galluccio, transmitting thanks for the order regarding advocacy to maintain the correct bid schedule for reconstructing playing fields at Magazine Beach.

4. A communication was received from State Senator Anthony D. Galluccio, transmitting a copy of an expedited third reading on the full salary for City employees in combat operation.

5. A communication was received from State Senator Anthony D. Galluccio, transmitting thanks for the order on casino gambling.

6. A communication was received from Kathy Podgers, transmitting frustrations of persons with disabilities.

RESOLUTIONS
1. Congratulations to the authors of the newly revised edition Responding Effectively to Child Care Employees Facing Domestic Violence Handbook.   Councillor Davis

2. Resolution on the death of Billy Rehrey.   Councillor Decker

3. Resolution on the death of Walter R. Souza.   Councillor Galluccio

4. Resolution on the death of Specialist Michael Brown.   Councillor Decker

5. Resolution on the death of Corporal Erik Garoutte.   Councillor Decker

6. Resolution on the death of Specialist Vincent Madero.   Councillor Decker

7. Resolution on the death of Specialist Wayne Geiger.   Councillor Decker

8. Resolution on the death of Staff Sergeant Jarred Fonetnot.   Councillor Decker

9. Honor the men and women who have served and currently serve our country on Veteran's Day on Nov 11, 2007.   Councillor Decker

10. Commend the Center For Family Connections on the work they do creating family connections.   Mayor Reeves

11. Thanks to Ellis Paul for his hard work and dedication to the Cambridge community.   Councillor Decker

12. Resolution on the death of Santa E. (Caprera) Rossi.   Vice Mayor Toomey

13. Thanks to Richard Weiner and the Organic Furniture Cellar for providing Cambridge residents with a unique place to find vintage furniture for the last twenty-five years.   Councillor Davis

14. Resolution on the death of Roberta Bennett Calorio.   Councillor Maher

15. Appreciation to Laura Booth for her work at CEOC and congratulations on her future employment working for Senator Anthony D. Galluccio.   Councillor Simmons

16. Condolences to Patricia Stanhope and family on the loss of their mother Vicky Tucker.   Councillor Simmons

17. Speedy recovery wishes to Regina Osborne, Vice Principal of the King Open School.   Councillor Simmons

18. Congratulations to the Boston Red Sox on winning the 2007 World Series.   Councillor Decker

ORDERS
1. That the City Manager is requested to direct the Department of Public Works to look at the street sweeping schedule with a view toward having street sweeping done later in the morning in the area near schools.   Councillor Simmons

2. That the City Manager is requested to confer with relevant City department heads and, as appropriate, private entities to determine how best the Citysense new air quality monitoring system could be used by, and supported by, the City in order to develop air quality data that could help the City develop and monitor air quality improvement programs.   Councillor Kelley
Referred to Civic Unity Committee

3. Dedication of an appropriate site in the vicinity of Crossland and Bristol Streets in honor of Robert R. Sutherland.   Councillor Simmons

4. That the City Clerk and Assistant to the City Council arrange for a workshop on parliamentary procedure for the City Council at the beginning of the new Council term.   Councillor Simmons

5. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation Department to determine the feasibility of installing left turn signals from Massachusetts Avenue northbound at Shepard Street and Linnaean Street to enhance the safety of turning left onto those streets.   Councillor Davis

6. That the City Manager is requested to confer with the Cambridge Health Alliance about providing handicapped accessible shuttles when picking up and dropping off seniors and disabled individuals at Cambridge Housing Authority owned buildings.   Councillor Decker

7. That the City Manager is requested to confer with the Cambridge Housing Authority to ensure access ramps are prominent in front of each senior building to allow individuals to step onto the sidewalk via access ramp.   Councillor Decker

8. That this City Council go on record requesting the Massachusetts legislature to pass and Governor Deval Patrick to sign into law, H. 2729, sponsored by Representative Byron Rushing, "An Act Relative to Investment in Companies Doing Business in Burma," which uses the Commonwealth's pension fund investments to promote democracy and human rights in Burma.   Councillor Decker

9. That the City Manager be and hereby is requested to provide a public process to enable neighbors and the neighborhood association to express their concern about the potential neighborhood uses and benefits of the Graham & Parks School building on Upton Street.   Councillor Simmons

10. That the City Manager is requested to direct the Office of Municipal Cable to review notices with a view toward making them more visually clear.   Councillor Simmons

11. That the City Manager is requested to confer with the relevant Department heads to determine whether it is proper for trash collection and recycling trucks to back down streets while doing their routes and how much damage is reported.   Councillor Kelley

12. That the City Manager is requested to report back to the City Council on the history, justification for and current status of the temporary Occupancy Permit for the Mirant building and opposition of the City Council to grant zoning relief.   Councillor Kelley  Amended

13. That the City Manager is requested to communicate with Harvard University, the Cambridge Housing Authority and the management company for Walden Square Apartments on their need to comply with the City's trash and rubbish ordinance.   Councillor Kelley

14. That the City Manager is requested to report back to the City Council on any findings or reports relevant to fires at 57 Seventh Street and 75-77 Seventh Street.   Councillor Kelley

15. That the City Manager is requested to confer with the MBTA to determine why the MBTA does not appear to be running enough buses on its #47 route to handle the demand in Cambridge.   Councillor Kelley [Davis added]

16. That the City Manager is requested to confer with the Assistant City Manager of the Community Development Department to immediately write a clear schedule of when public meetings regarding the future park at Western Avenue and Memorial Drive will be taking place.   Councillor Decker

17. That the petition to amend the Zoning Ordinance (Section 5.40 Special Dimensional Regulations) by adding a new section to protect solar energy systems to be referred to the Planning Board and the Ordinance Committee for a hearing and report.   Councillor Davis and Councillor Kelley

18. That the City Manager is requested to confer with the Assistant Director of the Community Development Department and the Assistant City Manager for Human Services to contact the Cambridge Housing Authority to inquire as to the adjustment of any new policy of charging a $25.00 assessment if rents are not paid on the first of the month.   Councillor Simmons

19. Proposed amendment to the Zoning Ordinance regarding bicycle sheds.   Councillor Murphy

20. That the City Manager is requested to instruct the Director of Traffic, Parking and Transportation to investigate the installation of a 4-Way Stop sign at School and Cherry Streets.   Councillor Simmons

21. That the City Manager is requested to direct the Chief Public Health Officer to assist the Tobin-Danehy Neighborhood Association in their efforts to obtain information regarding environmental hazards within their neighborhood.   Councillor Murphy

22. That the City Manager is requested to transmit the attached response to Council Order No. 1 dated February 26, 2007 which provides possible language for an amendment to the zoning ordinance to permit covered bicycle parking without adding to the Gross Floor Area, to the City Solicitor to accompany the proposal in Order No. 19 of October 29, 2007 on allowing certain bicycle sheds to be exempt from the Gross Floor Area calculation.   Councillor Davis

23. That the City Manager is requested to confer with the Deputy City Manager, the Commissioner of Public Works and other appropriate staff to prepare a protocol for best practices for operation of leafblowers in a manner that best protects the health, welfare and peaceful enjoyment of residents and leafblower operators.   Councillor Davis

24. That the Mayor and City Manager work to honor Boston Red Sox star shortstop Julio Lugo and arrange a reception on a date to be determined, which date shall be designated "Julio Lugo Day" in Cambridge.   Councillor Galluccio, Mayor Reeves, Vice Mayor Toomey and Councillor Murphy

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Health and Environment Committee, for a hearing held on October 11, 2007 to continue discussion on the removal OB/GYN services at the Windsor Street Neighborhood Clinic.

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

Wed, Oct 31
10:00am   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss with housing agencies and management companies asking the state for assistance to provide funding and training for a service provider or social worker for nights and weekends to be assigned to problem housing buildings for quick intervention to defuse problems from escalating and disturbing the peace of tenants living in these buildings.   (Sullivan Chamber)
2:30pm   The Cable TV, Telecommunications and Public Utilities will conduct a public meeting to discuss the digital divide and the Cambridge Public internet.   (Sullivan Chamber)

Mon, Nov 5
5:00pm   Special Presentation for the Cambridge Hitman Baseball Team   (Sullivan Chamber)
5:30pm   City Council Meeting   (Sullivan Chamber)

Mon, Nov 19
5:30pm   City Council Meeting
Special Presentation by the Neighborhood Safety Task Force directly following public comment   (Sullivan Chamber)

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

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

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

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

TEXT OF ORDERS
O-1     Oct 29, 2007
COUNCILLOR SIMMONS
WHEREAS: The care of the street is the responsibility of the City; and
WHEREAS: The City is also very concerned with the safety of our children; and
WHEREAS: The City, through the Department of Public Works, cleans the streets of Cambridge each month from April through December; and
WHEREAS: Street cleaning usually happens early in the morning; and
WHEREAS: The trucks, when cleaning the street, kick up a lot of dust; and
WHEREAS: A number of citizens have noted that this dust and dirt often flies in the face of our children when they are waiting for the bus; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Department of Public Works to look at the street sweeping schedule with a view toward having street sweeping done later in the morning in the area near schools.

O-2     Oct 29, 2007
COUNCILLOR KELLEY
WHEREAS: Air quality in Cambridge can be unpleasant during many days of the year; and
WHEREAS: Air quality monitoring equipment has typically been deployed regionally so that Cambridge does not have its own air quality monitoring program or city-specific data; and
WHEREAS: Lack of air quality data, specifically relevant to Cambridge, makes it difficult to design, implement and monitor air quality improvement programs; and
WHEREAS: New technology is being deployed in Cambridge, called Citysense (see attached article) that may allow the City and private parties to better monitor air quality throughout the city; and
WHEREAS: This Citysense technology may also be used to develop data on things other than air quality, to include using cameras and motion and light sensors; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City department heads and, as appropriate, private entities to determine how best this new air quality monitoring system could be used, and supported by the City in order to develop air quality data that could help the City develop and monitor air quality improvement programs; and be it further
ORDERED: That the issue of the development of the non-air quality private monitoring systems such as Citysense be referred to the Civic Unity subcommittee; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City on the issues of Citysense as it concerns air quality measurements and programs.

O-3     Oct 29, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Crossland and Bristol Streets in honor of Robert R. Sutherland; and be it further
ORDERED: That Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-4     Oct 29, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Clerk and Assistant to the City Council arrange for a workshop on parliamentary procedure for the City Council at the beginning of the new Council term.

O-5     Oct 29, 2007
COUNCILLOR DAVIS
WHEREAS: There is a delay built into the timing of the lights on Massachusetts Avenue northbound to allow left turns at Shepard Street and Linnaean Street but motorists are not necessarily aware of it; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation Department to determine the feasibility of installing left turn signals from Massachusetts Avenue northbound at Shepard Street and Linnaean Street to enhance the safety of turning left onto those streets.

O-6     Oct 29, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Health Alliance about providing handicapped accessible shuttles when picking up and dropping off seniors and disabled individuals at Cambridge Housing Authority owned buildings.

O-7     Oct 29, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Housing Authority to ensure access ramps are prominent in front of each senior building to allow individuals to step onto the sidewalk via access ramp.

O-8     Oct 29, 2007
COUNCILLOR DECKER
WHEREAS: A military regime has ruled Burma for the past 15 years, after assuming power from a 26-year long dictatorship; and
WHEREAS: In 1988, an uprising of democracy supporters was savagely suppressed by the regime, shooting thousands of people and imprisoning thousands more; and
WHEREAS: The regime has maintained a brutal campaign against ethnic minorities, destroying over 3,000 villages and forcing millions of people from their homes; and
WHEREAS: Aung San Suu Kyi, democratically-elected leader of the Burmese people, is the worlds only imprisoned Nobel Peace Prize winner; and
WHEREAS: In recent weeks, hundreds of thousands of people, under the leadership of Buddhist monks, have joined in peaceful demonstrations for democracy and human rights in Burma; and
WHEREAS: The military has responded by shooting, beating, killing, and arresting monks, students, and other civilians; now therefore be it
RESOLVED: That this City Council go on record supporting the people of Burma in their demands for democracy and human rights; and be it further
RESOLVED: That this City Council go on record requesting the Massachusetts legislature to pass and Governor Deval Patrick to sign into law, H. 2729, sponsored by Representative Byron Rushing, "An Act Relative to Investment in Companies Doing Business in Burma," which uses the Commonwealth's pension fund investments to promote democracy and human rights in Burma; and be it further
RESOLVED: That the City Council go on record requesting Congress and the President to tighten existing economic sanctions by ending U.S. corporate investment in Burma, preventing the import of all gems mined in Burma, and explicitly allowing U.S. cities and states to stop buying goods or services from companies that do business in Burma; and be it further
RESOLVED: That the City Council go on record requesting the Government of the People's Republic of China to use its unique leverage with the regime to support democracy and human rights in Burma and to stop weakening UN Security Council resolutions on Burma; and be it further
RESOLVED: That the City Council go on record requesting the Association of Southeast Asian Nations (ASEAN) to use its leverage with the regime to support democracy and human rights in Burma; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to President George W. Bush, Governor Deval Patrick, and the Cambridge legislative delegation on behalf of the entire City Council.

O-9     Oct 29, 2007
COUNCILLOR SIMMONS
WHEREAS: At the meeting of the Cambridgeport Neighborhood Association on Oct 2, 2007, the disposition of the Graham & Parks School building was discussed; and
WHEREAS: The members of the Cambridgeport Neighborhood Association are concerned about the sale of the Graham & Parks School building on Upton Street; and
WHEREAS: They are concerned that the decision about the future use of the Graham & Parks School building be undertaken in a manner that is responsive to the needs of the surrounding neighborhood; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide a public process to enable neighbors and the neighborhood association to express their concern about the potential neighborhood uses and benefits.

O-10     Oct 29, 2007
COUNCILLOR SIMMONS
WHEREAS: The Office of Municipal Cable, CTV-8, designs the notices that are shown on municipal television; and
WHEREAS: Residents have complained about the readability of notice ads on the television; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Office of Municipal Cable to review notices with a view toward making them more visually clear.

O-11     Oct 29, 2007
COUNCILLOR KELLEY
WHEREAS: Trash collection and recycling trucks frequently back down streets to pick up trash or recycling; and
WHEREAS: At times, these trucks back into trees or do other damage because the trucks are very big and Cambridge's roads are often narrow, populated with parked cars and lined with trees; and
WHEREAS: The damage caused by these trucks backing up would be mostly avoided if they had routes that did not encourage them to back up; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to determine whether it is proper for these trucks to back up while doing their routes; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the relevant Department heads to determine how much damage is reported by these trucks backing down roads; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.

O-12     Oct 29, 2007
COUNCILLOR KELLEY
WHEREAS: Mirant Corporation is seeking zoning relief to both avoid building an agreed-upon boardwalk along the Broad Canal and to install a new engine to generate power; and
WHEREAS: The Mirant Corporation agreed many years ago to construct the boardwalk as part of the mitigation for previous zoning relief; and
WHEREAS: The previously agreed-upon mitigation of building the boardwalk is distinctly linked to improving the Kendall Square area of East Cambridge; and
WHEREAS: The Mirant building has been occupied under a temporary Certificate of Occupancy for roughly seven years because the agreed-upon mitigation of building the boardwalk has not been completed; now therefore be it
ORDERED: That the City Council go on record opposing the zoning relief sought by Mirant Corporation for both the new generator and also the attempt to avoid building the boardwalk; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this order to the Board of Zoning Appeals prior to its Nov 8, 2007 meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the history, justification for and current status of the temporary Occupancy Permit for the Mirant building.

O-12 AMENDED ORDER     Oct 29, 2007
COUNCILLOR KELLEY
WHEREAS: Mirant Corporation is seeking zoning relief to both avoid building an agreed-upon boardwalk along the Broad Canal and to install a new engine to generate power; and
WHEREAS: The Mirant Corporation agreed many years ago to construct the boardwalk as part of the mitigation for previous zoning relief and as mitigation under the state's Chapter 91, Public Waterfront Act; and
WHEREAS: This relief must be directly related to the waterfront; and
WHEREAS: The previously agreed-upon mitigation of building the boardwalk is distinctly linked to improving the Kendall Square area of East Cambridge; and
WHEREAS: The Mirant building has been occupied under a temporary Certificate of Occupancy for roughly seven years because the agreed-upon mitigation of building the boardwalk has not been completed; now therefore be it
ORDERED: That the City Council go on record opposing the zoning relief sought by Mirant Corporation for both the new generator and also the attempt to avoid building the boardwalk; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this order to the Board of Zoning Appeals prior to its November 8, 2007 meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the history, justification for and current status of the temporary Occupancy Permit for the Mirant building.

O-13     Oct 29, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to communicate with Harvard University, the Cambridge Housing Authority and the management company for Walden Square Apartments on their need to comply with the City's trash and rubbish ordinance.

O-14     Oct 29, 2007
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on any findings or reports relevant to fires at 57 Seventh Street and 75-77 Seventh Street.

O-15     Oct 29, 2007
COUNCILLOR KELLEY
WHEREAS: The MBTA's #47 cross-town bus is frequently so full that it leaves would-be passengers waiting for follow-up buses that are not so full; and
WHEREAS: The M2LMA bus has changed its route so that it is less available to the general public wishing to use it to get to the Longwood Medical Area; and
WHEREAS: Consistent and dependable bus service is essential to having people take buses rather than drive; and
WHEREAS: When people see numerous buses pass them because the buses are full they are more likely to start driving simply because they need to get to work in a predictable fashion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the MBTA to determine why the MBTA does not appear to be running enough buses on its #47 route to handle the demand in Cambridge; and be it further
ORDERED: That the issue of re-routing the M2 LMA so that this bus can assist in meeting the need of commuters to take a bus to the Longwood medical area be referred to the Traffic, Parking and Transportation Committee.

O-16     Oct 29, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager of the Community Development Department to immediately write a clear schedule of when public meetings regarding the future park at Western Avenue and Memorial Drive will be taking place; and be it further
ORDERED: That this information be available for discussion at the next City Council meeting.

O-17     Oct 29, 2007
COUNCILLOR DAVIS
COUNCILLOR KELLEY
ORDERED: That the attached petition to amend the Zoning Ordinance (Section 5.40 Special Dimensional Regulations) by adding a new section to protect solar energy systems to be referred to the Planning Board and the Ordinance Committee for a hearing and report.

O-18     Oct 29, 2007
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the Cambridge City Council that the Cambridge Housing Authority (CHA) has adopted a new policy of charging a $25.00 assessment if rents are not paid on the first of the month; and
WHEREAS: Many tenants on fixed incomes, particularly seniors and disabled persons, cannot access funds before the third of the month, thus are unfairly burdened by the requirement for payment on the first day of the month; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the the Assistant Director of the Community Development Department and the Assistant City Manager for Human Services to contact the Cambridge Housing Authority to inquire about this policy with the view in mind to adjust this policy.

O-19     Oct 29, 2007
COUNCILLOR MURPHY
WHEREAS: The City's Zoning Code, in paragraph 5.25.41, exempts certain automobile garages from calculation of gross Floor Area Ratio but does not exempt sheds used to store bicycles; and
WHEREAS: The City Council wants to encourage Cambridge residents to reduce the use of automobiles; and
WHEREAS: Requiring residents to seek a variance for a bicycle shed, when one is not required for a freestanding parking structure for automobiles runs counter to that goal; and
WHEREAS: A shed under 100 square feet does not require a building permit, suggesting a reasonable size shed to exempt from calculation of gross Floor Area Ratio on a lot; now therefore be it
ORDERED: That the City Manager be and hereby is requested to provide the City Council with language addressing this concern, either by an amendment such as is suggested below or by another means preferred by the Community Development Department.
Adding a new paragraph 5.25.43 to the Zoning Code for the City of Cambridge
Exemption for Bicycle Parking:
"Not withstanding the provisions of Section 5.25.2 above, the following structured parking above ground, accessory to a residential use, shall not be calculated as part of the Gross Floor Area on the lot:
One shed less than or equal to 100 square feet used to store bicycles."

O-20     Oct 29, 2007
COUNCILLOR SIMMONS
WHEREAS: The residents of Area 4 are concerned about the safety of their children, senior citizens and the individuals that reside and frequent the neighborhood; and
WHEREAS: Traffic is highly dense in the area of School Street and Cherry Street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to investigate the installation of a 4-Way Stop sign at School and Cherry Streets.

O-21     Oct 29, 2007
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to direct the Chief Public Health Officer to assist the Tobin-Danehy Neighborhood Association in their efforts to obtain information regarding environmental hazards within their neighborhood.

O-22     Oct 29, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to transmit the attached response to Council Order No. 1 dated February 26, 2007, which provides possible language for an amendment to the zoning ordinance to permit covered bicycle parking without adding to the Gross Floor Area, to the City Solicitor to accompany the proposal in Order No. 19 of October 29, 2007 on allowing certain bicycle sheds to be exempt from the Gross Floor Area calculation.

O-23     Oct 29, 2007
COUNCILLOR DAVIS
WHEREAS: On July 30, 2007, the City Council passed to a second reading a proposed amendment to the Noise Ordinance to regulate leafblowers; and
WHEREAS: On October 15, 2007, Councillor Davis submitted a proposed amendment by substitution to the proposed amendment to the Noise Ordinance to ban leafblowers which had been passed to a second reading on July 30, 2007; and
WHEREAS: On October 29, 2007, Councillor Davis submitted the attached chart setting forth the additional provisions and specifications to become part of her October 15, 2007 proposal to amend the proposed amendment to regulate leafblowers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor to prepare language that incorporates the provisions and specifications of the attached chart into the October 15, 2007 proposal, for consideration by the City Council at its November 19, 2007 meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Deputy City Manager, the Commissioner of Public Works and other appropriate staff to prepare a protocol for best practices for operation of leafblowers in a manner that best protects the health, welfare and peaceful enjoyment of residents and leafblower operators; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Chief Public Health Officer with the view of having a representative of the Health Department present at the November 19, 2007 to respond to City Council concerns about the public health impacts of leafblowers.

O-24     Oct 29, 2007
COUNCILLOR GALLUCCIO
MAYOR REEVES
VICE MAYOR TOOMEY
COUNCILLOR MURPHY
ORDERED: That the Mayor and City Manager work to honor Boston Red Sox star shortstop Julio Lugo and arrange a reception on a date to be determined, which date shall be designated "Julio Lugo Day" in Cambridge.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Health and Environment Committee held a public hearing on Oct 4, 2007, beginning at six o’clock and fifteen minutes P.M. in the Pisani Center (CHA), 131 Washington Street, Cambridge, MA.

Present at the meeting were Councillor Marjorie C. Decker and City Clerk Margaret Drury. Present from the Cambridge Health Alliance (CHA or "the Alliance") were Donna Fox, Vice President for Government Affairs; Dr. David Osler, Medical Director for Ambulatory Care; and Linda Borodkin.

Councillor Decker convened the hearing and explained the purpose. She announced that Councillor Simmons was not feeling well and that Vice Mayor Toomey was tied up at the State House. She stated that she was very happy to report that there had been tremendous progress since the previous meeting.

Councillor Decker said that she, Councillor Simmons and Vice Mayor Toomey met earlier this week with Alliance CEO Dennis Keefe and Donna Fox to discuss what kind of short-term solution could be put in place. She noted that the particular issue of the removal of OB/GYN services from the Windsor Street Clinic had highlighted the issue of how to keep these clinics as full service neighborhood health centers as the Cambridge Health Alliance expands far beyond the borders of Cambridge with responsibilities to maintain services in multiple cities and settings. During these hearings there was testimony of the prior loss of OB/GYN services at the North Cambridge and the Riverside Health Centers. There was testimony of limitations of the availability of mental health services at the Windsor Clinic and of Area Four residents who had had to go to Boston or Somerville for dental surgery services and dermatological care. This crisis has pointed out the need to focus on this issue.

Councillor Decker said that the Alliance has heard very clearly the need for more constructive dialogue with the neighborhood community and the need to involve the community in decisions about the functions and future of their health clinic. They are proposing to create a community advisory board for the Windsor Clinic and to use this as a pilot for a mechanism to facilitate community involvement and dialogue at all of the neighborhood health clinics. Councillor Decker then introduced Ms. Fox, thanked her for her positive participation in finding a solution and requested that she describe the arrangements that the Alliance had made.

Ms. Fox expressed appreciation for the communication that the community members have come forward to give to the Alliance. Their input has increased the Alliance’s understanding of the importance of more dialogue. Ms. Fox announced that Dr. Patrick Sabia, who practices at the Union Square Health Center in Somerville, would be providing one session of OB/GYN services each week,. Dr. Sabia is not an OB/GYN doctor but he is a family physician who focuses on women’s and neonatal health, and he will take care of OB/GYN patients at the Windsor Clinic. He is fluent in Spanish and Portuguese. He is excited about having patients at the Windsor Street Clinic, and he is establishing this session as an additional session to all of his Union Square sessions. The Windsor Street Clinic will thus be staffed with six adult primary care physicians, three pediatricians and two nurse practitioners. Ms. Fox said that the Alliance is also working on the dental care issues that were raised by the community.

In response to a question from Gerald Bergman, 82 Elm Street, Dr. Osler said that a session is typically half of a day. The one session is a starting place. There will be more discussion and planning for the longer term. Dr. Osler stated that emergency backup would be available by clinicians at the Windsor Street Clinic.

Ms. Fox said that the Alliance is also taking steps to make sure that transportation is available by cab to other Alliance sites, and to ensure that clinic personnel know that there are taxicab vouchers and know the procedure for issuing the vouchers. Ethel Delgado, Newtowne Court, asked whether patients would have to ask for vouchers. Ms. Fox said that all patients will have to do is tell the clinic personnel that they need the voucher. Councillor Decker asked whether the protocol could be that the clinic personnel ask all patients who have to go offsite whether they need a taxi voucher. Dr. Osler answered in the affirmative and said that since there will be vouchers available, they want to make sure that patients know that they can get vouchers. Councillor Decker requested that the Alliance make a written response on this matter.

Roslyn Springer, 23 Newtowne Court, said that there is a shuttle that runs regularly between Cambridge Hospital and Somerville Hospital. She asked whether a stop at the Windsor Clinic could be added. Ms. Fox said that Ms. Springer had asked a very good question and stated that she would look into whether this was a possibility.

Mr. Bergman said that often advisory councils are only advocacy councils that do not get information and do not have power. The Joint Public Health Board was supposed to fulfill the role that is now being proposed for the community advisory board. Why would the community advisory board work any better?

Councillor Decker said that we do not know at this point whether this plan will work. During the discussion at the meeting earlier this week about the need for better dialogue between the Alliance and the community, Mr. Keefe and Ms. Fox asked whether there should be a community advisory board, and those present were willing to try having such a board. The community needs to make sure that neighbors are leading this. She urged those present who were interested in being on the board or in being part of the discussion about the board’s membership and functions to sign up tonight or to let her know later. Ms. Fox introduced Linda Borodkin and said that Ms. Borodkin will be working on the formation of the advisory council.

Elaine DeRosa,4 Pleasant Place, stated that she is member of the Joint Public Health Board and said that the Joint Board has spend a whole year deconstructing itself because it was an advocacy board without governance power. The question of removing OB/GYN services from the Windsor Clinic did not come before the Joint Public Health Board because it was seen by the Alliance as operations, not policy.

Ms. Fox said that the Alliance is trying to set up a process that will be responsive to neighborhood concerns. This is a first, and it is an attempt to be accountable to the community.

Nancy Ryan, 4 Ashburton Place, emphasized the importance of making sure that the community knows that OB/GYN services will be available at the Windsor Street Clinic again. She said that she is very glad that the Alliance is willing to maintain these services at Windsor Street. Her biggest concern is that midwives cannot practice at clinics without an OB/GYN physician there. The availability of midwives in a neighborhood clinic setting is an extremely valuable asset to that community. Midwives attended the births of three of her grandchildren. They play a fundamental role in community health, as do their lay assistants in the DULA program, who make home visits after the birth. Midwives have already been removed from the North Cambridge and Riverside clinics. The Alliance appears to be moving to a family medicine model for the clinics, and the family medicine model is wonderful. However, something needs to be done to allow midwives to remain. Ms. Ryan stated that there is no law or professional regulation that requires an OB/GYN onsite for a midwife to practice. This is strictly an Alliance policy.

Ms. Fox acknowledged that the Alliance is looking at family medicine practice as an excellent model. She agreed that discussion must take place among the various disciplines as to the best way to make the necessary range of services available at the clinics in a family medicine model.

Ms. Delgado asked whether the new doctor would only see Windsor Clinic patients at the Windsor Street Clinic OB/GYN session, or whether he would also see his patients from the Somerville clinic. Ms. Fox said that there would not be a need for the doctor to see patients from the Somerville clinic at his Windsor Clinic session, because he is keeping all of the Somerville sessions that he currently has.

Dr. Osler cautioned that this plan is very new; he is working with the Windsor Street Clinic staff this evening, so there may well be minor adjustments as they work through the practicalities.

Beth Thomas, 19 Newtowne Court, repeated her testimony from an earlier hearing. Although OB/GYN services were available at the clinic then, after the birth of her child she was unable to receive mental health treatment for postpartum depression there because it was limited to Hispanic and Haitian Creole patients. At that time she was in no shape to go somewhere else, so she went without treatment that she really needed. She urged the Alliance to consider the post partum mental health of mothers as an essential adjunct to OB/GYN care. Ms. Thomas then asked why some doctors ask patients what insurance they have and only take certain insurances. Ms. Fox said that the Alliance is steadfastly committed to treating all patients regardless of ability to pay. Dr. Osler said that this question should only be being asked in the situations when the patient is going to see a doctor who is new to the practice and is not yet certified by all of the various insurance providers. In those situations, the question is proper and necessary. Councillor Decker requested a written response on this matter as well for the next meeting of the committee.

Ms. Ryan urged the Alliance to take this opportunity to reinvigorate the public health model neighborhood clinics as not just taking care of sick patients but focusing on a healthy community in a holistic way.

Councillor Decker thanked the members of the community present for pushing the City Council to address this issue. She added that this is the beginning of a project, and based on the Alliance’s track record of concern and care, at this time she is willing to move forward taking the Alliance’s willingness to work with the community on good faith. She has expectations of reports of good progress at the next meeting on this issue, which will take place at the end of November.

Councillor Decker thanked all those present for their participation. The meeting was adjourned at seven o’clock and ten minutes post meridian.

For the Committee,
Councillor Marjorie C. Decker, Chair