Cambridge City Council meeting – November 22, 2004 – AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, requesting that the City Council move to Executive Session relative to pending litigation.
WITHDRAWN

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Boston Adult Literacy Fund for $7,000 to the Grant Fund Human Service Salary and Wages account ($4,036) and to the Grant Fund Human Service Other Ordinary Maintenance account ($2,964) to be used to hire and train student leaders who will direct workshops on family literacy at the Community Learning Center.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant funded from the Massachusetts Department of Transitional Assistance through the Massachusetts Housing and Shelter Alliance for $78,439 to the Grant Fund Human Service Salary and Wages account ($78,011) and to the Grant Fund Human Service Other Ordinary Maintenance account ($428) to be used for costs related to the Carey Men’s Transitional Program operated by the Multi Service Center.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a donation from The Friends of the Community Learning Center for $18,800 to the Grant Fund Human Service Salary and Wages account to support Community Learning Center activities to support a portion of salaries for computer lab aides, an ESOL teacher and one part time staff member who will assist in Program Development.

CHARTER RIGHT
1. Charter Right exercised by Councillor Murphy on Order Number 4 of November 15, 2004 that the City Council wishes the Cambridge Election Commission to discuss a policy that requires a hand mark or machine mark on votes onto full-ballot-text paper ballots.

2. Charter Right exercised by Councillor Davis on Order Number 11 of November 15, 2004 requesting the City Manager to look into decreasing the property tax rate, if the City is unable to lower the tax rate, explain why it was not lowered to offset the assessment value and report back to the City Council with plans for additional revenue received from increased tax collections.

ON THE TABLE
3. Placed on the Table on the motion of Councillor Simmons relative to Awaiting Report Item Number 03-137 of December 22, 2003, regarding a report on the number of investment managers for the pension fund with the list to reflect the number of women-owned and minority-owned investment managers.

4. Placed on the Table on the motion of Mayor Sullivan on an application received from Bank of America, requesting permission for a sign at the premises numbered 615 Concord Avenue. Approval has been received from Inspectional Services, Community Development Department and abutters.

5. Placed on the Table on the motion of Mayor Sullivan on an application received from Bank of America, requesting permission for a sign at the premises numbered 28 Elliot Street. Approval has been received from Inspectional Services, Community Development Department and abutters.

6. Placed on the Table on the motion of Mayor Sullivan on an application received from Bank of America, requesting permission for a sign at the premises numbered 226 Main Street. Approval has been received from Inspectional Services, Community Development Department and abutters.

7. Placed on the Table on the motion of Mayor Sullivan on an application received from Bank of America, requesting permission for a sign at the premises numbered 1000 Massachusetts Avenue. Approval has been received from Inspectional Services, Community Development Department and abutters.

UNFINISHED BUSINESS
8. 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 October 27, 2004 for the purpose of considering a proposed amendment to increase the filing fee for a zoning petition in Section 1.53 of the Zoning Ordinance from $75 to $150 to be consistent with the new filing fee approved by the City Council in its amendment to the Municipal Code on June 14, 2004. The question comes on passing to be ordained on or after November 22, 2004. Petition expires January 25, 2005. Planning Board hearing held November 9, 2004 - No report received.

APPLICATIONS AND PETITIONS
1. An application was received from Star Diamonds Jewelry, requesting permission for a sandwich board sign at the premises numbered 22 Central Square.

2. A zoning petition was received from North Point Land Company, requesting an amendment to the Zoning Ordinance Section 13.70, Planned Unit Development in the North Point Residence District.

3. A zoning petition was received from Archstone-Smith Operating Trust, requesting proposed amendments to the Zoning Ordinance Section 13.76.1, 13.74.33 and 13.79.2.

4. An application was received from Amartya Sen, requesting a curb cut at the premises numbered 6 Hilliard Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Approval has been received from the neighborhood association.

COMMUNICATIONS
1. A communication was received from Roy Bercaw, regarding Cambridge Community Television and the police.

2. A communication was received from Joseph E. Connarton, Executive Director, PERAC, regarding the Appropriation for Fiscal Year 2006.

3. A communication was received from Donald Madrey, transmitting support for change of Zoning to Special District 15.

RESOLUTIONS
1. Resolution on the retirement of Patricia Hansen.   Mayor Sullivan

2. Resolution on the retirement of Barbara Haywood.   Mayor Sullivan

3. Resolution on the death of Frank P. White.   Councillor Galluccio

4. Resolution on the death of Lance Corporal Justin Reppuhn.   Vice Mayor Decker

5. Resolution on the death of Lance Corporal Erick Hodges.   Vice Mayor Decker

6. Resolution on the death of First Lieutenant Dan Malcom, Jr..   Vice Mayor Decker

7. Resolution on the death of Private First Class Dennis Miller.   Vice Mayor Decker

8. Resolution on the death of Lance Corporal Aaron Pickering .   Vice Mayor Decker

9. Resolution on the death of Staff Sergeant Gene Ramirez.   Vice Mayor Decker

10. Resolution on the death of Master Sergeant Steven Auchman.   Vice Mayor Decker

11. Resolution on the death of Specialist Travis Babbitt.   Vice Mayor Decker

12. Resolution on the death of Sergeant David Caruso.   Vice Mayor Decker

13. Resolution on the death of Staff Sergeant Todd Cornell.   Vice Mayor Decker

14. Resolution on the death of Command Sergeant Major Steven Faulkenburg.   Vice Mayor Decker

15. Resolution on the death of Corporal William James.   Vice Mayor Decker

16. Resolution on the death of Lance Corporal Nicholas Larson.   Vice Mayor Decker

17. Resolution on the death of Lance Corporal Juan Segura.   Vice Mayor Decker

18. Resolution on the death of Lance Corporal Abraham Simpson.   Vice Mayor Decker

19. Resolution on the death of Staff Sergeant Russell Stay.   Vice Mayor Decker

20. Resolution on the death of Sergeant Lonny Wells.   Vice Mayor Decker

21. Resolution on the death of Lance Corporal Nathan Wood.   Vice Mayor Decker

22. Resolution on the death of Corporal Kevin Dempsey.   Vice Mayor Decker

23. Resolution on the death of Lance Corporal Justin Ellsworth.   Vice Mayor Decker

24. Resolution on the death of Sergeant Byron Norwood.   Vice Mayor Decker

25. Resolution on the death of Specialist Jose Velez.   Vice Mayor Decker

26. Resolution on the death of the death of Corporal Nathan Anderson   Vice Mayor Decker

27. Resolution on the death of Lance Corporal Nicholas Anderson.   Vice Mayor Decker

28. Resolution on the death of Lance Corporal David Branning.   Vice Mayor Decker

29. Resolution on the death of First Lieutenant Edward Iwan.   Vice Mayor Decker

30. Resolution on the death of Corporal Jarrod Maher.   Vice Mayor Decker

31. Resolution on the death of Sergeant James Matteson.   Vice Mayor Decker

32. Resolution on the death of Lance Corporal Brian Medina.   Vice Mayor Decker

33. Resolution on the death of Corporal Brian Prening.   Vice Mayor Decker

34. Resolution on the death of Sergeant Jonathan Shields.   Vice Mayor Decker

35. Resolution on the death of Sergeant Morgan Strader.   Vice Mayor Decker

36. Resolution on the death of Specialist Raymond White.   Vice Mayor Decker

37. Resolution on the death of Second Lieutenant James Blecksmith.   Vice Mayor Decker

38. Resolution on the death of Corporal Theodore Bowling.   Vice Mayor Decker

39. Resolution on the death of Lance Corporal Kyle Burns.   Vice Mayor Decker

40. Resolution on the death of Specialist Thomas Doerflinger.   Vice Mayor Decker

41. Resolution on the death of Corporal Peter Giannopoulos.   Vice Mayor Decker

42. Resolution on the death of Staff Sergeant Theodore Holder, II.   Vice Mayor Decker

43. Resolution on the death of Staff Sergeant Sean Huey.   Vice Mayor Decker

44. Resolution on the death of Lance Corporal Wesley Canning.   Vice Mayor Decker

45. Resolution on the death of Corporal Romulo Jimenez.   Vice Mayor Decker

46. Resolution on the death of Staff Sergeant Michael Ottolini   Vice Mayor Decker

47. Resolution on the death of Petty Officer Third Class Julian Woods.   Vice Mayor Decker

48. Resolution on the death of Major Horst Moore.   Vice Mayor Decker

49. Resolution on the death of Sergeant John Trotter.   Vice Mayor Decker

50. Resolution on of the death of Corporal Joshua Palmer.   Vice Mayor Decker

51. Resolution on the death of Corporal Robert Warns, II.   Vice Mayor Decker

52. Resolution on the death of Lance Corporal Thomas Zapp.   Vice Mayor Decker

53. Resolution on the death of Lance Corporal Benjamin Bryan.   Vice Mayor Decker

54. Resolution on the death of Lance Corporal Victor Lu.   Vice Mayor Decker

55. Resolution on the death of Lance Corporal Justin McLeese.   Vice Mayor Decker

56. Resolution on the death of Captain Sean Sims.   Vice Mayor Decker

57. Resolution on the death of Lance Corporal Bradley Parker.   Vice Mayor Decker

58. Resolution on the death of Corporal Dale Burger, Jr.   Vice Mayor Decker

59. Resolution on the death of Corporal Andres Perez.   Vice Mayor Decker

60. Resolution on the death of Corporal Nicholas Ziolkowski.   Vice Mayor Decker

61. Resolution on the death of Lance Corporal Jeremy Ailes.   Vice Mayor Decker

62. Resolution on the death of Lance Corporal Travis Desiato.   Vice Mayor Decker

63. Resolution on the death of Lance Corporal Shane Kielion.   Vice Mayor Decker

64. Resolution on the death of Sergeant Rafael Peralta.   Vice Mayor Decker

65. Resolution on the death of Captain Patrick Rapicault.   Vice Mayor Decker

66. Resolution on the death of Corporal Marc Ryan.   Vice Mayor Decker

67. Resolution on the death of Lance Corporal Antoine Smith.   Vice Mayor Decker

68. Resolution on the death of Lance Corporal James Swain.   Vice Mayor Decker

69. Resolution on the death of Lance Corporal George Payton.   Vice Mayor Decker

70. Resolution on the death of Private First Class Issiah Hunt.   Vice Mayor Decker

71. Resolution on the death of Lance Corporal William Miller.   Vice Mayor Decker

72. Resolution on the death of Corporal Lance Thompson.   Vice Mayor Decker

73. Resolution on Private First Class Cole Larsen.   Vice Mayor Decker

74. Congratulations and best wishes to Mr. and Mrs. George Kehayias on the celebration of the Christening of their daughter, Vittoria Lucia.   Councillor Galluccio

75. Congratulations to Lou Rawls for his recent performance at Sculler's Jazz Cafe and wishes for a warm welcome back.   Councillor Galluccio

76. Very Happy 75th Anniversary wishes to Boston College Law School.   Mayor Sullivan

77. Wishes for a Happy 5th Anniversary to Stellabella, the children’s toy store in Inman Square.   Mayor Sullivan

78. Support for the Cambridgeport Children’s Centers’ 15th Annual Silent Auction held at the Middle East on Sunday, December 5, 2004.   Mayor Sullivan

79. December 1, 2004 proclaimed as Nnenna Freelon Day in Cambridge in honor of her newest album "Live" marking 20 years on the road.   Mayor Sullivan

80. Happy 30th Anniversary wishes to the Cambridge Arts Council.   Mayor Sullivan.

81. City of Cambridge awarded the 2004 Kenneth E. Pickard Municipal Innovation Award for the project at City Hall Annex, the City’s First Municipal Green Building.   Mayor Sullivan

82. Wishes for a speedy recovery to James Barretto.   Mayor Sullivan

93. Thanks to the new Cambridge Housing Authority Executive Director, Gregory Russ, for his recent meeting with residents at Jefferson Park and for supporting these important meetings in public housing developments across the City.   Councillor Galluccio

94. Get well wishes to William Phillips.   Councillor Reeves

95. Condolences to Mark Bozzutti Jones on the loss of his brother.   Councillor Reeves

96. Get well wishes extended to Al Vellucci, Jr.   Councillor Toomey

97. Resolution on the death of Staff Sergeant Marshall Caddy.  Vice Mayor Decker

98. Resolution on the death of Lance Corporal Michael Hanks.   Vice Mayor Decker

99. Resolution on the death of Lance Corporal Luis Figueroa.   Vice Mayor Decker

100. Resolution on the death of Lance Corporal Phillip West.   Vice Mayor Decker

101. Resolution on the death of Lance Corporal Dimitrios Gavriel.   Vice Mayor Decker

102. Resolution on the death of First Lieutenant Luke Wullenwaber.   Vice Mayor Decker

103. Resolution on the death of Lance Corporal Louis Qualls.   Vice Mayor Decker

104. Resolution on the death of Specialist Daniel McConnell.   Vice Mayor Decker

105. Resolution on the death of Sergeant Christopher Heflin.   Vice Mayor Decker

106. Resolution on the death of Private First Class Ricardo Flores-Mejia.   Vice Mayor Decker

ORDERS
1. The City Manager is requested to confer with the Commissioner of Public Works and the School Superintendent on replacing the 25-30 plantings that were done at the Peabody School at the completion of the rehab and have subsequently died.   Councillor Galluccio

2. The City Manager is requested to confer with the Commissioner of Police and the Director of the Traffic, Parking and Transportation Department to review the traffic and parking issues on Yerxa Road and other roads abutting the Peabody School at the start of the school morning, particularly regarding parents blocking driveways and emergency vehicle access.   Councillor Galluccio

3. The City Manager is requested to confer with the Election Commission and its Executive Director to report on the average waiting times throughout the day at polls across the City of Cambridge on November 2, 2004.   Councillor Galluccio

4. Support for same-day voter registration.   Councillor Galluccio, Councillor Davis, Vice Mayor Decker, Councillor Maher, Councillor Murphy, Councillor Reeves, Councillor Simmons and Mayor Sullivan

5. The City Manager is requested to instruct the Director of Traffic, Parking and Transportation to conduct a parking study in the area of Dana Park.   Councillor Davis

6. The City Manager is requested to instruct the Community Development Department to develop recommendations for revising Section 6.12 of the Zoning Ordinance to ensure that adequate accessory parking is provided when new uses are accommodated in existing buildings.   Councillor Davis

7. Calling for Harvard University and MIT to immediately undertake a major retroactive adjustment to payments made in the past ten years and to begin automatic annual increases consistent with those accruing to other property owners.   Councillor Galluccio and Councillor Toomey

8. Support for legislation to eliminate or limit property tax exemptions for large nonprofit institutions once their percentage of property ownership in Cambridge reaches a specified limit and the City Manager is requested to confer with the City Solicitor to examine all possible legal and legislative mechanisms by which such limitation or elimination of property tax exemptions for large institutions could be accomplished.   Councillor Galluccio and Councillor Toomey

9. Legislation petitioning the Commonwealth of Massachusetts General Court to enact the following home rule petition entitled An Act Enabling Certain Non-Citizen Residents Of Cambridge To Vote In School Committee And City Council Elections.   Vice Mayor Decker

10. The City Council request the MBTA to hold a hearing on its 2010 Capital Investment Program to promote the same community input available to residents afforded in the eight other towns it is meeting with to discuss current planning, future capital investments and its five year planning horizon.   Vice Mayor Decker

11. Dedication of a site in the memory of Richard Umanzio.   Mayor Sullivan

12. The City Manager is requested to direct appropriate City departments to cooperate with the School Department's effort to reduce emissions from school buses.   Councillor Davis, Mayor Sullivan

13. City Manager is requested to appoint a special committee to look at issues of escalating property tax assessments and their effect on long term, senior and disabled residents and report back to the City Council prior to the submission of the Fiscal Year 2006 budget on its findings.   Councillor Maher, Councillor Toomey, Councillor Murphy

14. City Solicitor is requested to provide legal opinions on the proposed Special District 15 Zoning Petition and the City Manager is requested to confer with the Assistant Manager for Community Development to provide information as to how many units of housing could be built at the site assuming no change in the current zoning.   Mayor Sullivan

15. Dedication of a site in honor of Cambridge comedian, Lenny Clarke.   Mayor Sullivan

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Kenneth E. Reeves, Chair of the Economic Development, Training and Employment Committee, for a meeting held on October 19, 2004 to determine a funding mechanism for an annual expenditure relative to public celebrations. Can Cambridge broker a public/private partnership for a public celebrations budget that exceeds $300,000?

2. 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 November 4, 2004 for the purpose of considering a petition to create a new Special District 15, Section 17.600 and to amend the Zoning Map in the area of 237 Putnam Avenue and 19-21 Blackstone Street.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Anthony D. Galluccio, transmitting a letter for Pat Pizzuto, on behalf of the Santa Lucia Society, donating funds to the Haggerty School and the Cambridge Scholarship Fund.

HEARING SCHEDULE
Mon, Nov 22
2:00pm   The Government Operations and Rules Committee will conduct a public working meeting to finalize City Council goals. No public comment.  (Ackermann Room)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Nov 23
9:00am   The Human Services Committee will conduct a public meeting to discuss health of children, obesity and environmentally healthy buildings.  (Sullivan Chamber)
10:00am   The Human Services Committee will conduct a public meeting to discuss School Master Space calendar and receive an update on a discussion with School Principals on the issue of space, and to receive an update on Summer Programs.  (Sullivan Chamber)
5:00pm   The Finance Committee will conduct a public meeting to continue discussing the property tax. This meeting to be televised.  (Sullivan Chamber)

Mon, Dec 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 7
4:00pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss Awaiting Report Item Number 04-90 regarding a new traffic plan proposed for the Dunkin Donuts on North Massachusetts Avenue.  (Sullivan Chamber)

Thurs, Dec 9
9:00am   The Cable TV, Telecommunications and Public Utilities will conduct a public meeting on maintenance of streetlights, NSTAR customer service policies, report on new NSTAR substation including impact on rates and environment and any other matters that may come before the committee.  (Ackermann Room)

Fri, Dec 10
9:00am   The Health and Environment Committee will conduct a public meeting to continue the discussion of obesity in Cambridge.  (Sullivan Chamber)

Mon, Dec 13
1:00pm   Public Safety Committee  (Ackermann Room)
5:30pm   Roundtable City Council Meeting. Joint public meeting with the School Committee for a discussion of school related issues. No public comment. No votes will be taken. Meeting will not be televised.  (344 Broadway, 2nd Fl Conference)

Wed, Dec 15
2:00pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss follow up on snow clearance issues and any other matters that might come before the committee.  (Senior Center, 806 Mass. Ave.)

Mon, Dec 20
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 10, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 24, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 31, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 7, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 14, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 28, 2005
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     November 22, 2004
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Public Works and the School Superintendent with the view of replacing the 25-30 plantings that were done at the Peabody School at the completion of the rehab and have subsequently died.

O-2     November 22, 2004
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Police and the Director of the Traffic, Parking and Transportation Department to review the traffic and parking issues on Yerxa Road and other roads abutting the Peabody School at the start of the school morning, particularly with regard to parents blocking driveways and emergency vehicle access.

O-3     November 22, 2004
COUNCILLOR GALLUCCIO
ORDERED: That the City Manager be and hereby is requested to confer with the Election Commission and its Executive Director to report to the City Council on the average waiting times throughout the day at polls across the City of Cambridge on November 2, 2004.

O-4     November 22, 2004
COUNCILLOR GALLUCCIO
COUNCILLOR DAVIS
VICE MAYOR DECKER
COUNCILLOR MAHER
COUNCILLOR MURPHY
COUNCILLOR REEVES
COUNCILLOR SIMMONS
MAYOR SULLIVAN

RESOLVED: That the City Council go on record supporting same-day voter registration; and be it further
RESOLVED: That the City Clerk be and hereby is requested to send a copy of this resolution to the Secretary of the Commonwealth along with a request that Secretary Galvin inform the City Council as to how the City of Cambridge could provide same-day voter registration for its citizens.

O-5     November 22, 2004
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to conduct a parking study in the area of Dana Park.

O-6     November 22, 2004
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department to develop recommendations for revising Section 6.12 of the Zoning Ordinance to ensure that adequate accessory parking is provided when new uses are accommodated in existing buildings. In making its recommendation the Department shall take into consideration the many issues relating to this matter, such as preservation of historic buildings, the practicality and cost of providing parking on fully developed sites, the impact on neighborhoods of new demand for parking and the nature of the new uses proposed, etc.

O-7     November 22, 2004
COUNCILLOR GALLUCCIO
COUNCILLOR TOOMEY
WHEREAS: The City Council, the Cambridge community and the city’s major universities have worked cooperatively, especially in the area of university development, to dramatically improve relationships, and
WHEREAS: Harvard and MIT’s payments in lieu of taxes have not increased significantly in over a decade; and
WHEREAS: The ability of elected public officials to work cooperatively with universities is severely inhibited when residents and businesses receive regular adjustments to valuations and taxation of their property and universities with much more substantial property ownership do not increase their in lieu of tax payments; and
WHEREAS: It is the view of the City Council that, at a minimum, the in lieu of tax payment should automatically increase annually in an amount and manner consistent with that of the increases on other land and property values in Cambridge; now therefore be it
WHEREAS: An automatic reasonable annual increase to these payments would be an enormous sign of respect to Cambridge taxpayers and would elevate the university/city relationship to one of dignity and respect; now therefore be it
RESOLVED: That the City Council go on record calling for Harvard University and MIT to immediately undertake a major retroactive adjustment to payments made in the past ten years and to begin automatic annual increases consistent with those accruing to other property owners

O-8     November 22, 2004
COUNCILLOR GALLUCCIO
COUNCILLOR TOOMEY
WHEREAS: The Cambridge City Council supports legislation that would increase substantially the amount of taxes paid by the large nonprofit institutions that own significant amounts of land in the City of Cambridge; and
WHEREAS: A reasonable approach would seem to be a policy change to eliminate or limit property tax exemptions for these institutions once their percentage of property ownership reaches a certain limit in a community, if that percentage of land ownership would clearly indicate that the assets of these institutions are such that they are no longer deserving of nonprofit tax exempt status; and
WHEREAS: The original intent of the tax exemption legislation was to assist the economic survival of educational institutions, which typically are not in the business of receiving funds and accumulating assets far in excess of the average for-profit business, and which more typically are struggling to pay their expenses and still provide educations for their students; now therefore be it
RESOLVED: That the City Council go on record supporting legislation to eliminate or limit property tax exemptions for these institutions once their percentage of property ownership in Cambridge reaches a specified limit; and be it further
RESOLVED: That the City Manager be and hereby is requested to confer with the City Solicitor to examine all possible legal and legislative mechanisms by which such limitation or elimination of property tax exemptions for large institutions could be accomplished and report back to the City Council.

O-9     November 22, 2004
VICE MAYOR DECKER
WHEREAS: Parents' involvement in their children’s education is critical to student academic achievement; and
WHEREAS: Immigrant families have educational concerns regarding language and culture; and
WHEREAS: Policies related to diversity and English language learning programs, among other educational policies, are the purview of the Cambridge School Committee; and
WHEREAS: Immigrant families constitute a sizable percentage of working families in the City of Cambridge; and
WHEREAS: Residents of the City of Cambridge, regardless of their citizenship status, complete an annual City Census which is the basis for determining the local voting rolls; and
WHEREAS: The Campaign for Immigrant Voting Rights garnered majority support from the Cambridge School Committee and the Cambridge City Council in the year 2000 and the year 2003 and additional support from school principals and parents’ councils; and
WHEREAS: The Campaign for Immigrant Voting Rights filed a home-rule petition two years ago that will allow non-citizens in the city of Cambridge to vote in School Committee elections; and
WHEREAS: Five municipalities in the state of Maryland have extended the rights to vote for local offices to non-citizens; the cities of Chicago and New York to non-citizen voting in school board elections, and various European cities, such as Dublin, also permit non-citizen voting; and
WHEREAS: The cities of Chelsea, Somerville and Amherst are also pursuing home-rule petitions granting resident non-citizens the right to vote; now therefore be it
RESOLVED: That the Cambridge City of Council go on record petitioning the Commonwealth of Massachusetts General Court to enact the following home rule petition entitled An Act Enabling Certain Non-Citizen Residents Of Cambridge To Vote In School Committee And City Council Elections.

O-10     November 22, 2004
VICE MAYOR DECKER
ORDERED: That the City Council go on record requesting the MBTA to hold a hearing on its 2010 Capital Investment Program to promote the same community input available to residents afforded in the eight other towns it is meeting with to discuss current planning, future capital investments and it's five year planning horizon.

O-11     November 22, 2004
MAYOR SULLIVAN
ORDERED: That the City Council dedicate an appropriate site in the memory of Richard Umanzio; 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-12     November 22, 2004
COUNCILLOR DAVIS
MAYOR SULLIVAN
ORDERED: The City Manager be and hereby is requested to direct appropriate City departments to cooperate with the School Department's effort to reduce emissions from school buses.

O-13     November 22, 2004
COUNCILLOR MAHER
COUNCILLOR MURPHY
MAYOR SULLIVAN
ORDERED: The City Manager be and hereby is requested to appoint a special committee to look at issues of escalating property tax assessments and their effect on long term, senior, and disabled residents; and be it further
ORDERED: That the City Manager be and hereby is requested to direct this special committee to report back to the City Council prior to the submission of the Fiscal Year 2006 budget on its findings, including answers to the following questions:
     1. Are there additional steps that the City of Cambridge could take in this matter?
     2. Are there legislative changes that the City should be proposing to the state?

O-14     November 22, 2004
MAYOR SULLIVAN
ORDERED: That the City Solicitor be and hereby is requested to provide legal opinions on the following issues in relation to the proposed Special District 15 Zoning Petition:
     * Spot Zoning 
     * Has the pre-existing use expired?
     * Is it possible to put a restriction on the property such that a use other than housing could be allowed and made nontransferable?
And be it further:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant Manager for Community Development to provide information as to how many units of housing could be built at the site assuming no change in the current zoning.

O-15     November 22, 2004
MAYOR SULLIVAN
ORDERED: That this City Council dedicate an appropriate site in honor of Cambridge comedian, Lenny Clarke, and be it further
ORDERED: That the Chief of Staff to the Mayor confer with the family regarding a suitable dedication ceremony and communication with the Department of Public Works to arrange for the sign.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Economic Development, Training and Employment Committee held a public meeting on Tuesday, October 19, 2004 beginning at ten o’clock and twelve minutes A.M. in the Sullivan Chamber.

The purpose of the meeting was to determine a funding mechanism for an annual expenditure relative to public celebrations. Can Cambridge broker a public/private partnership for a public celebrations budget that exceeds $300,000?

Present at the meeting were Councillor Kenneth E Reeves, Chair of the Committee, Councillor Brian Murphy, Mayor Michael A. Sullivan, Richard Rossi, Deputy City Manager, Ini Tomeu, Public Information Officer, Louise DePasquale, Assistant City Manager for Fiscal Affairs, Mary Hart, MIS Director, Cynthia Griffin, Purchasing Agent, James Monagle, City Auditor, Duane Brown, Affirmative Action Officer, Estella Johnson, Economic Development Director, Richard Scali, Interim Director, License Commission, Jason Weeks, Executive Director, Arts Council, Robyn Bell, Director, Office of Tourism, and Donna P. Lopez, Deputy City Clerk. Also present were Cara Spalla, Hotel at MIT, John Murtha, Royal Sonesta, Terrence Smith, Chamber of Commerce, Tom Lucey, Harvard University, John Clifford, Green Street Grille, Kelly Courtney and Kathy Dougherty.

Councillor Reeves opened the meeting and stated the purpose. The working premise of the Economic Development, Training and Employment Committee meeting in this term is to look at the attractiveness of the City for those inside and outside the City and to keep the City a vibrant place where people want to live and to do business. The high quality of life should be a magnet for more revenue to be spent in the City. He spoke about the efforts for the Destination Cambridge/The Unconventional City. A team is needed to carry this effort forward. How does the city institutionalize what was done for Destination Cambridge and will the City have an on going effort to continue the work of Destination Cambridge. How can the funding and the function be institutionalized. The City has a public celebration account where expenditures for events such as the Dance Party and the River Festival are paid. Cambridge is already interesting and has a national image. The success of Destination Cambridge suggests continuation of this effort. Too many major companies did not get involved in Destination Cambridge. He asked for comments. Mr. Rossi stated that Destination Cambridge built spirit and community in the City; it was a worthwhile effort. Destination Cambridge was a series of events, some were easy to organize, and some were not. This focus should be on the events that were well attended and keep them as Cambridge based events.

Ms. Tomeu suggested packaging the events, which generally occur in the City, such as the Dance Party, River Festival and the Taste of Cambridge. Summer in the City could be packaged with a publicity campaign done.

Councillor Reeves commented that he was informed by Mr. Weeks that the Riverfest was not interrupted by Destination Cambridge. This event could be included in the funding. In December an Arts Unity Festival will be held with Nina Freelon.

Ms. Johnson stated that the economic impact must be positive and this must be measured through increased sales from the businesses and the hotel. Fundraisers will be more willing to provide funding if they would receive more revenue. Businesses are more apt to provide funding for 3-5 years, not ten years. In order to measure the economic impact several years need to be followed, commented Councillor Reeves. Mr. Monagle asked how do you get the biotech industry to the table, if the event is not geared toward their interest. Mr. Rossi responded that the events are a big impact for their employees who participate and attend the events. Ms. Courtney asked if there was any statistics about the attraction of resident customers to these events. Mr. Lucey stated that the Federal Census states that 56,000 residents are employment age with 26,000 being employed in Cambridge. Mr. Rossi stated moving forward it is hard for companies to house their employees. The focus of the biotech companies is to locate in Kendall Square so employees can walk to work from areas like Cambridgeport and Riverside. The push in Northpoint is to sell housing units without parking.

Ms. Spalla commented that all businesses could celebrate under the umbrella; not just public celebration. She suggested exploring the possibility of including a real estate festival. If people work in Cambridge providing an opportunity to live in Cambridge is important. The highest priority in the City is affordable housing, stated Councillor Reeves. This is a good suggestion. Maybe other things, like tours, could also be added to the celebration. More time to plan and more funding are needed for the Symposia.

Mr. Clifford stated that fundraising is a problem for everyone. Events grow to a certain level and then when money cannot be raised the events fold. Cambridge is a natural place to draw people of all interests. Multiple festivals are needed to draw conventions to the area.

Councillor Reeves asked how would Cambridge promote a yearlong series of events. Ms. Bell responded that Winter events are a challenge for the hotels. The Office of Tourism budgets $25,000-$50,000, then goes to its sponsors and asks what would appeal to them to become a corporate sponsor or a underwriter. Small breakfast meetings could be held to explore this area stated Councillor Reeves. Mr. Scali commented that events are usually budgeted in advance. A personal touch is needed to raise funding. This is crucial. Corporations are more apt to provide funding if it is for a short period of time. Mayor Sullivan commented on the complexity of fundraising.

Mr. Smith spoke about packaging of events and better coordination of private events with Cambridge events. A partnership should be established between entities and the City. He spoke about the impact of fundraising on the non-profits. Mr. Rossi responded that it is a good idea to form a group to look at all the opportunities and add events like garden tours, which do not cost.

Mr. Lucey spoke about the philanthropic philosophy. If events do not fit the philosophy of businesses and/or institutions, the response for the City could be a negative.

Councillor Reeves outlined the cost of some of the events held during Destination Cambridge as follows:
$120,000 Worlds’ Fair
$60,000-100,000 River Festival
$50,000 outdoor concert
$15,000 parade
$3,000-5,000 Symposia
$8,000 CCTV

The Arts Fair paid for itself with the booth rental fee. The Taste of Cambridge received a large amount of in-hand service, and $5,00 in ticket sales from the City.

Councillor Murphy suggested working with the bookstores and websites. Ms. Bell stated that the Office of Tourism lists on their website.

Ms. Courtney suggested that the City provide a good-will ambassador for companies to provide information about living in the City. This would become part of the corporate culture.

Mayor Sullivan stated that the banking community gets requests continuously for fundraising. The issue is the ripple effect that fundraising has on corporations. Groups were approached to provide funding for the DNC in Boston. Each business only has a certain amount of money to donate. If fundraising continues then non-profit corporations will be affected.

Mr. Murtha stated that the hotel community could be approached for funding to support a marketing campaign. This could be included in the hotel’s marketing plan and the effort would be supported because this would bring people to Cambridge. The concern is marketing in Cambridge to outsiders or internal, stated Mayor Sullivan. He further commented on Cambridge based companies that made donations to Boston for the DNC.

Councillor Murphy spoke about outreach to employers.

The Citizen Satisfaction Survey will show that Cambridge is a good place to live. Ms. Bell stated that Cambridge’s proximity to Boston is unknown outside the state. Mr. Clifford questioned if a relationship was developed with a specific company. The right time to develop a relationship with a specific company is during the development stage, not during the build out stage.

Mr. DePasquale stated that the fiscal year 2006 budget is in the beginning phase. This group needs to think about what could be accomplished in fiscal year 2006 and develop a budget and measures. Next figure out what the City can afford and then go to the corporation for fundraising. It would be helpful if this group developed a real budget for this effort. He suggested that this should be included in the budget so that it could be funded, structured and measured. The events are used as a motivational philosophy by corporations stated Mr. Rossi. This is the reason that the City and corporations need to be major participants. Some residents do not like these events. A budget would make this a reality.

Mr. Smith stated that 2/3 of the property tax comes from the commercial community. It is tough to say that businesses are not doing enough. Mr. Scali responded that businesses needed to be shown what Cambridge is going to give them. The City needs to learn how to do corporate fundraising better. Mr. Courtney commented what are the goals. Is Cambridge building spirit, community or an image.

Councillor Reeves suggested inventorying Cambridge’s riches, put under the umbrella and market the events. How does the city get private philanthropy involved. Corporations can see this as an opportunity and embrace this, stated Mr. Rossi. Today, he said, the City is benefiting from the money spent on tourism. Mr. Clifford suggested that the City should have a professional fundraiser.

In conclusion Councillor Reeves divided the attendees into two sub committees as follows: Mr. Rossi would be the Chair of committee that would determine what events could be packaged and held and how this becomes a systematic event. The committee consists of the following:
Mr. Rossi, Chair
Cynthia Griffin
Louie DePasquale
James Monagle
Duane Brown
Jason Weeks
Mary Hart
Estella Johnson and
John Clifford

The second such committee would be Co-Chaired by Ms. Bell and Ms. Spalla and would determine an approach to marketing and publicity, the calendar of events and the cost. The Committee consisted of the following:
Ms. Robyn Bell, Co-Chair
Ms. Cara Spalla, Co-Chair
Ini Tomeu
John Murtha
Tom Lucey
Terrance Smith
Kelly Courtney
Richard Scali

Councillor Reeves scheduled the next meeting for November 16, 2004 at 10:00 A.M.

Councillor Reeves thanked all attendees.

The meeting was adjourned at eleven o’clock and forty minutes A.M.

For the Committee,
Councillor Kenneth E. Reeves, Chair


Committee Report #2
The Ordinance Committee held a public hearing on November 4, 2004, beginning at four o’clock and forty-two minutes P.M. in the Sullivan Chamber for the purpose of considering a petition to create a new Special District 15, Section 17.600 and to amend the Zoning Map in the area of 237 Putnam Avenue and 19-21 Blackstone Street.

Present at the hearing were Councillor Timothy J. Toomey, Co-Chair of the Committee, Mayor Michael A. Sullivan, Councillor David P. Maher, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury.

Councillor Toomey convened the hearing and explained the purpose. He invited the petitioner to make a presentation. Attorney James Rafferty stated that he represents the petitioner. He explained that a few years ago this site was rezoned in the Jelly petition to a Residence C-1 district. In the case of this structure, there is no reasonable near-term possibility of changing the use to housing. The owners have looked closely but a housing use is not economically feasible.

Attorney Rafferty said that the pre-existing use is for technology, research and development ,and biotechnology. Ordinary office use is not allowed. The petition is requesting rezoning that will encourage housing over time but allow for office use, which is compatible with the physical attributes of the building.

Mr. Rafferty said that the owners have been working with the Historical Commission, which has been studying the property for landmark designation. The owners are proposing a trade off in which they would consent to an historical easement if the building site were rezoned. Attorney Rafferty said that at present the building is only 40 percent occupied. The proposed Special District 15 would allow for some office use as-of-right. Mr. Rafferty added that the property owners look forward to working with the Ordinance Committee and the abutters. The Planning Board hearing will take place next week. Mr. Rafferty stated that the petition presents a narrow issue-an attempt to refine the earlier re-zoning. At least one variance has been granted for an architect’s office. That is the problem with the current zoning. Renting to a new tenant requires an application to the BZA for a zoning variance, a very burdensome process, which has caused many prospective tenants who would otherwise be interest to look elsewhere. This building and the neighborhood would be better served by zoning that would allow new office rentals without the requirement of a variance.

Councillor Toomey reported that the Ordinance Committee has a letter from the Historical Commission in support of the proposed use. The letter also states that if the zoning amendment is not adopted and the owner does not offer a preservation easement, the Historical Commission will proceed with the landmark process (Attachment A). Councillor Toomey then invited public comment.

Sarah Smith, 267 Putnam Avenue, submitted a petition with 57 signatures in opposition to the proposed rezoning (Attachment B). They believe that the Jelly petition offers the best neighborhood protection and preservation. They are in favor of preserving the building through the landmark process. Zoning should be uniform throughout the neighborhood. The character of the neighborhood is residential and there is nothing about the property at issue that would merit special treatment. This petition would nullify everything that the neighbors worked for in the Jelly petition rezoning. There is also a parking problem.

Nina Sembrowich, Putnam Avenue, spoke in opposition to the proposed amendment. She said that she worries that the rezoning would permanently alter the neighborhood. The developers say that they will not sell the buildings but they have attempted to sell it in the past. These owners bought the property after the Jelly petition was adopted.

Kevin Whitfeld spoke in opposition. He emphasized the parking problems that would be created. He also noted that allowing office uses as-of-right would remove any possibility of neighborhood input into the uses. These owners are decent people, but who knows who the next owners will be and what they will want to do. The historical aspect of the buildings will be protected by landmarking, so the offer of an easement as a tradeoff is an offer to provide something that is not needed.

John Moot, 44 Coolidge Hill Road, spoke in opposition. The property was purchased with the present zoning in existence; the problems are the owners’ private problems. Chapter 40A requires zoning that is uniform with in the district and is violated by spot zoning, according to the court decisions. Economic benefit of the owner is not a permissible reason for selective zoning. It would be disastrous to set a precedent like this. It is not the responsibility of public officials to bail out owners who make bad business decisions. He submitted written material (Attachment C).

Lawrence Adkins, Riverside Neighborhood Association, stated that he believes that this is a situation in which some mediation would be useful.

Stash Horowitz, 12 Florence Street, said that this petition has no neighborhood support. He would like to hear the square footage of the proposed district, he does not believer that Cambridge has any other special district this small. He also stated that BioRad left two years ago, so the pre-existing use has already expired, and now only housing is allowable as-of-right. He speculated that Harvard would like to buy the site. Mr. Horowitz noted that the Jelly petition passed unanimously; he does not believe mediation is necessary.

Mayor Sullivan moved to close public comment.

Mayor Sullivan made the following motion:

ORDERED: That the City Solicitor be and hereby is requested to provide legal opinions on the following issues in relation to the proposed Special District 15 Zoning Petition:
   * Spot Zoning
   * Has the pre-existing use expired?
   * Is it possible to put a restriction on the property such that a use other than housing could be allowed and made nontransferable?
And be it further:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant Manager for Community Development to provide information as to how many units of housing could be built at the site assuming no change in the current zoning.

The motion passed with a voice vote without objection.

Councillor Toomey thanked all those present for their attendance.

The meeting was adjourned at five o’clock and fifteen minutes P .M.

For the Committee,
Councillor Timothy J. Toomey, Jr., Co-Chair