Cambridge City Council meeting – December 5, 2005 – AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Brian Higgins as a Constable With Power for a term of three years, effective the first day of January, 2005.
2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-202, regarding a report on the status of the Bradford Cafe property in Central Square.
December 5, 2005
To the Honorable, the City Council:In response to Awaiting Report Item Number 05-202, regarding a report on the status of the Bradford Cafe property in Central Square, Assistant City Manager for Community Development Beth Rubenstein reports the following:
The Community Development Department has been working closely with the Nora Theatre and Underground Railway Theater companies ("the Central Square Theater") and MIT for several years to encourage redevelopment of the property at 450 Massachusetts Avenue. This property, which is owned by MIT, has been in derelict condition for some time. The City has been anxious to see the site redeveloped because it is an eyesore in its current condition, is an important contributor to the Mass. Ave. "streetscape," and has the potential to contribute to the economic vitality of the eastern end of Central Square.
In 1997, around the time the City was completing infrastructure and streetscape improvements to Central Square, we began talking with MIT about the possibility of improving the building and dedicating some amount of space to use by the two theater companies. It was felt that not only would it be positive for the theaters to have a permanent home in Central Square, but that evening use would be a boost to area restaurants and merchants and would add to the life of the street in the evenings.
In 2002, MIT and the theaters negotiated a lease agreement to locate some 10,000 SF of space in the to-be-developed building for use as a "black box" theater, capable of being used flexibly for a variety of productions. In turn, MIT asked the theaters to raise a certain amount of funding, to demonstrate their commitment to the project and to insure that sufficient funds would be available for fit-out and operation of the theaters.
In addition, CDD set aside $200,000 in federal Community Development Block Grant funds to support the project, with funds to go toward the historic preservation/restoration of the building facade, an allowed CDBG use.
The existing structure, the oldest commercial building in Central Square, is temporarily protected as a landmark while the Cambridge Historical Commission prepares a recommendation to the City Council for a possible permanent designation. MIT has decided that preservation would be cost-prohibitive and not conducive to productive reuse, but has not yet convinced the Commission. As owner and developer, MIT is obligated to go through the appropriate regulatory reviews. In the event that the Cambridge Historical Commission allows demolition without preservation or replication, the CDBG funding will not be available. However, the Commission has indicated that it could accept a new structure that replicates the significant features of the historic building, which would likely leave room for use of the CDBG funds.
In summary, the City continues to work closely with MIT and the theaters to see this project move ahead. We continue to have a strong interest in the improvement of the Bradford Café site. We believe the theaters will be a strong addition to this end of Central Square (particularly with the completion next year of the new Lafayette Square) and will do what we can to support their presence in the project, including providing support to MIT and the theaters through the permitting process.
In addition, we understand that the Massachusetts House of Representatives and the state Senate have each approved funds for the new theater as part of the state budget, in amounts ranging from $100,000 to $200,000. The final recommendation of the legislature will be determined early in 2006 in the conference committee.
Very truly yours,
Robert W. Healy
City Manager
3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $17,038 in Community Development Block Grant (CDBG) program income to the Public Investment Fund Community Development Extraordinary Expenditures account to continue the development and rehabilitation of affordable housing in the City of Cambridge.
4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $250,000 Foundation Reserve Award from the Department of Education (DOE) to the School Debt Stabilization Fund to be used to fund future school capital projects and help offset fluctuations in future debt service revenues and expenses, subject to appropriation.
5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $175,000 to the Public Investment Fund Human Services Extraordinary Expenditures account from Free Cash to provide additional funds for the Gold Star Mothers Pool improvement project.
6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Massachusetts Public Construction grant from the Massachusetts Board of Library Commissioners for $6,651,647 to the Public Investment Fund Library Extraordinary Expenditures account to offset the construction costs of the new main library.
7. Transmitting communication from Robert W. Healy, City Manager, relative to a request from the License Commission following a disciplinary hearing for the City Council to issue a warning to Discover of Boston.
8. Transmitting communication from Robert W. Healy, City Manager, relative to a request from Boston Properties for approval to name two private service drives within the property of 77 Ames Street as "Ames Place and "Ames Court".
9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-154, regarding a report on home foreclosures.
10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $342,545 in anticipated bond premium fees to the General Fund Debt Service Extraordinary Expenditures account to supplement the $581,000 included in the FY06 budget to cover the interest cost on the $31,000,000 in Bond Anticipation Notes (BANs) that were issued on May 5, 2005 to provide temporary financing for the acquisition of 125 Sixth Street and for certain architectural and engineering costs.
11. Transmitting communication from Robert W. Healy, City Manager, requesting the rescission of excess borrowing authorizations for City projects.
12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-185, regarding a report on planting flowers on public sidewalks and spaces.
13. Transmitting communication from Robert W. Healy, City Manager, relative to a response to the City Council Ordinance Committee hearing on November 22, 2005 on the amendments to Cambridge City Code Chapter 8.24, entitled: "Refuse and Litter."
December 5, 2005
To the Honorable, the City Council:Below please find information requested by the City Council Ordinance Committee at its November 22, 2005 hearing on the amendments to Cambridge City Code Chapter 8.24, entitled "Refuse and Litter."
Area IV Coalition Memo
In November, the Area IV Coalition voted on six points for the City Council Ordinance Committee to consider regarding the changes to Cambridge City Code Chapter 8.24, entitled "Refuse and Litter"; the italicized comments below are the Coalition points verbatim; below each section is the City’s responses. At the November 22, 2005 City Council Ordinance Committee meeting, the Committee requested a response to each point.1. Education Efforts
The City should undertake an education effort to inform all residences of the importance of rodent control and consequences in terms of fines for failure to comply with City ordinances. This plan must be multi-lingual and include an outreach program involving in person education sessions at schools, businesses, churches and door to door. The City must lead with example and make sure all municipal run buildings follow code.The proposed amendment to the Refuse and Litter Ordinance includes a provision to notify all property owners by mail on changes in responsibilities; this will take place within 90 days of enactment. In addition to English, the information will be available in Spanish, Portuguese, Haitian Creole and Mandarin Chinese. The information will be available to churches, businesses, schools and residents, and will also be available on the web.
In the summer of 2005 the Cambridge Public Health Department began to reach out to institutions and businesses to offer on-site guidance on rodent control or printed material on this topic. Public Health staff placed phone calls to organizations; churches and community-based agencies that have already received printed rodent control information from Cambridge DPW to offer in-person instruction to their maintenance staff on prevention and control of rodent problems. While some agencies did request further information, most indicated satisfaction with their rodent control contractors and indicated that they did not perceived a rodent problem in or around their property.
There are also on-going efforts to coordinate with the Cambridge Housing Authority in order to insure that they use well-maintained dumpsters rather than individual cans at housing sites that have large amount of refuse. The housing authority administrators are cooperating with the DPW in addressing this concern, though there is more work to do in identifying sites that are in greatest need of more systemic refuse collection systems.
City staff from Public Health, Inspectional Services, and DPW also participated in a public forum held on September 14 to discuss proposed changes in the city's response to rodent control and refuse collection. Public Health presented an overview of rodent behavior and control and the City Manager led the discussion and fielded questions at the end of the event.
In addition to this, the DPW is hiring an additional Solid Waste Compliance Officer whose key responsibilities will include outreach and education and enforcement. This work will involve going door to door on a continual basis.
The City is working with the School Department and with building maintenance staff to ensure that the State sanitary code is followed for each municipal building.
2. Penalties
There should be a procedure to fine those who do not comply with City ordinances related to trash. Warnings should be given for first offense but significant fines, that are determined by a schedule to deal with differing financial situations of the violator, should be administered. Fines should start to be administered after the city undergoes significant education efforts as explained in point 1 above.Chapter 8.24 on Refuse and Litter, section 8.24.260 Violation-Penalty, provides for a criminal and non-criminal disposition. The criminal penalty is not to exceed $50. Each day’s violation constitutes a separate violation. Under non-criminal disposition, the penalty for each violation is $25, with each day constituting a separate violation.
In addition, City officials enforce the provisions of the State Sanitary Code (105 CMR 410.000) related to garbage and rodent control. City inspectors issue orders for the correction of unsanitary conditions. If the orders are not complied with, violators are taken to court. The State Sanitary Code and related statutes authorize a range of enforcement options, including daily fines between $10 to $500, abatement orders, and injunctions.
3. Authorization
The authorization for rat inspections should be moved to the department of Public Health so that the proper officials can enter private property and determine the problem. The current law should be followed and adhered to by allowing proper authorization.In Cambridge, the authority to enter premises and enforce the State Sanitary Code resides with the Building and Health Inspectors in the Inspectional Services Department.
4. Enforcement
The City should fine property owners who fail to respond to rodent control ordinances. These fines should be structured in such a way that owners cannot transfer responsibility to the tenants.Under the Refuse and Litter Ordinance, the property owner (or occupant if designated in a written agreement) is responsible for supplying authorized refuse receptacles sufficient to contain all refuse accumulated between collection days, and for properly maintaining the shared or common areas including its premises and yard area and the adjoining sidewalk and gutter. Each occupant is responsible for disposing of all refuse in a clean and sanitary manner in compliance with Sections 8.24.070 (mandatory recycling), 8.24.090 (receptacles –sidewalk placement restrictions), 8.24.110 (private collectors –methods of storage, collection and disposal) and 8.24.130 through 8.24.170 (oversized items, bulk refuse, burning of refuse, temporary container placement in parking spaces, litter –pedestrians on public property.)
5. Financial hardship
The City should help anyone with financial hardship to comply with the ordinances, including paying for barrels and extermination.The City does not provide rubbish receptacles to property owners, nor does it provide extermination services. The City is working with local hardware stores to provide a discount for rubbish receptacles. Inspectional Services Department will provide advice and technical assistance to property owners on extermination.
6. Cleaning
The City should provide street cleaning either by vehicle or employed people the day after garbage pickup in order to keep the streets clean and stopping food availability to rats.Rubbish and recycling employees are instructed to clean up after messes that occur during rubbish or recycling pick up. If a resident observes a mess being created by a rubbish or recycling employee that is not be addressed, residents should call the DPW (349-4800). Windy conditions –or animals looking for food –also contribute to litter messes on streets. The City has a monthly street sweeping program for each residential street and industrial areas, April through December. High traffic/littered areas, including the Squares, receive daily cleaning, weather permitting.
Cost of twice a week trash pick up:
The City Council also requested that the City provide the cost of picking up trash twice per week. Below are approximate numbers and assumptions:Currently, rubbish is picked up once per week in five districts. Each district has 8 trash routes/trucks. If each trash district received twice per week pickup, each pickup would be three days apart from each other. (Monday and Thursday, Tuesday and Friday, Wednesday and Saturday, Thursday and Monday, Friday and Tuesday). We assume no changes to the recycling collection schedule.
Annual Operating Costs: $1,755,640 (labor, maintenance, fuel)
Capital Cost (trucks) $ 980,000
TOTAL Start up costs*: $2,735,640*
*Additional costs not addressed include the storage of the eight new trash packers (space would likely need to be leased), and additional rubbish tonnage costs from an anticipated decrease in recycling.State Sanitary Code and Chapter 8.24 of Cambridge municipal Code
At its November 22 meeting, the Ordinance Committee requested a legal opinion on the question of whether certain State Sanitary Code provisions relating to refuse preempt differing provisions of Cambridge City Code Chapter 8.24, entitled "Refuse and Litter." Attached is a legal opinion on this matter.Very truly yours,
Robert W. Healy
City ManagerLegal Opinion from Cambridge City Solicitor Don Drisdell:
Re: Conflict between refuse ordinance and State Sanitary Code
Dear Mr. Healy:
At its November 22 meeting, the Ordinance Committee requested a legal opinion on the question of whether certain State Sanitary Code provisions relating to refuse preempt differing provisions of Cambridge City Code Chapter 8.24, entitled "Refuse and Litter." The State Sanitary Code, at 105 CMR 410.600, provides:
(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A), provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance….
Corresponding provisions of ordinance Chapter 8.24 currently provide:
8.24.020 Definitions…E. "Authorized rubbish receptacle" …shall be constructed…of heavy plastic bags of not less than three mil fastened tightly with wire, strings or tape.
8.24.90 Whoever desires the removal of rubbish from private property shall cause the refuse to be place in authorized refuse receptacles and to be set in an easily accessible place upon the sidewalk. The authorized refuse receptacles shall be placed on the sidewalk no earlier than three p.m. of the day immediately prior to the day of collection as designated by the Commissioner of Public Works for collection for the area where the premises are located and shall be removed from the sidewalk no later than six p.m. of the day of collection.
8.24.100 Every owner or occupant of private property may maintain authorized rubbish receptacles outdoors on such private property provided the receptacles are screened from the view of public streets and sidewalks.
In summary, the State Sanitary Code requires that refuse may be put out for collection no earlier than the day of pick-up; Ordinance §8.24.090 allows refuse to be put out for collection the day before pick-up. The State Sanitary Code requires that refuse be stored outdoors on private property in watertight receptacles with tight-fitting covers, and not in plastic bags; §8.24.020 defines authorized rubbish receptacles to include plastic bags, §8.24.100 allows refuse to be stored outdoors on private property in those plastic bags. Both §8.24.090 and the State Sanitary Code allow plastic bags to be placed on the sidewalk for collection.
The State Sanitary Code was promulgated by the state Department of Public Health pursuant to G.L.c.111, §127A. That statute provides that the State Sanitary Code shall have "the force of law." The statute also provides explicitly that, "This section shall not be deemed to limit the right of any board of health to adopt such rules and regulations as, in its opinion, may be necessary for the particular locality under its jurisdiction; provided, such rules and regulations do not conflict with the laws of the commonwealth or the provisions of the code." In Decoulos v. City of Peabody, 360 Mass. 428, 429 (1971), the Supreme Judicial Court considered whether a zoning ordinance illegally conflicted with the State Sanitary Code and wrote:
We assume (without deciding) that the city could not in its zoning ordinance require the making of sewer connections on a basis which in any degree relaxes any standards laid down in the statutes just cited or in the State Sanitary Code [citation omitted]. We think, however, that the powers granted by c.83, s.11; c.111, s.127A; the State Sanitary Code; and related health statutes indicate no legislative intention to preclude a city from including appropriate, more specific and stringent health protection measures in a zoning ordinance adopted pursuant to G.L.c.40A.
If a local ordinance prevents the achievement of a clearly identifiable state legislative purpose, then the ordinance is inconsistent with the state law and is preempted. Town of Wendell v. Attorney General, 394 Mass. 518, 524, (1985).
Here, 105 CMR 410.600 clearly prohibits the setting out of garbage and rubbish earlier than the day of collection. Cambridge could, consistently with that provision, set a particular time on the day of collection for the setting out of the garbage and rubbish, as that would be a more specific and stringent provision than the State Sanitary Code. However, permitting the setting out of rubbish before the day of collection directly conflicts with the State Sanitary Code and relaxes one of its requirements. A reviewing court would likely find the ordinance to be inconsistent with the State Sanitary Code.
Similarly, the use of plastic bags for on-premise storage of garbage and rubbish relaxes the State Sanitary Code requirement for the use of watertight receptacles with tight-fitting covers. The State Sanitary Code allows plastic bags for garbage and rubbish storage only as liners in the watertight receptacles with tight-fitting covers. A reviewing court would likely find the ordinance to be inconsistent with the State Sanitary Code.
The State Sanitary Code does allow garbage and refuse to be put out for collection in plastic bags, unless prohibited by local ordinance or prohibited by the Department of Public Health in particular cases.
Very truly yours,
Donald A. Drisdell
CHARTER RIGHT
1. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable for a term of three years, effective the first day of January, 2005:
Charles M. McNeeley, 186 West Wyoming Ave., Melrose, MA 02176
2. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-184, regarding the failure of the MBTA to trim trees and improve lighting in the park at Porter Square controlled by the MBTA.
3. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-195, regarding a report on the number of children in homeless shelters due to CORI checks on parents.
4. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-194, regarding a report on the standards on noise and pollution of all leaf blowers used in municipal work.
5. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 05-196, regarding a report on parking control officers enforcing anti-idling regulations.
6. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appropriation of a Cambridge Food Pantry Grant received from the Cambridge Health Alliance for $15,000.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account to provide nutritional foods to eligible Cambridge residents through the Food Pantry Network.
7. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appropriation of private donations in the amount of $7,950.00 to the Grant Fund Human Services Other Ordinary Maintenance account to support Cambridge Prevention Coalition activities.
8. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from Mount Auburn Hospital for $15,500 to the Grant Fund Human Service Salary and Wages account ($14,116.00) and to the Grant Fund Human Service Other Ordinary Maintenance account ($1,384.00) to be used to support two 28-week ESOL classes provided by the Cambridge Community Learning Center at Mt. Auburn Hospital.
9. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to a transfer of $31,331.00 within the Supportive Housing grant of from the Grant Fund Human Services Other Ordinary Maintenance account to the Grant Fund Human Services Salary and Wages account to be used by the Community Learning Center (CLC) Lift Program which provides educational services for homeless adults.
10. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appropriation from a private donation to the Office of Work Force Development in the amount of $250.00 to the Grant Fund Human Service Other Ordinary Maintenance account to support efforts to place teens in summer and school year jobs, with a particular focus on teens with barriers to employment.
11. Charter Right exercised by Councillor Toomey on a communication from Robert W. Healy, City Manager, relative to the appropriation of a Project Bread Food Pantry Grant from the Project Bread organization for $7,225 to the Grant Fund Human Service Other Ordinary Maintenance account to provide meals for more than 600 low-income Cambridge seniors as well as provide food for senior activities and events at the Cambridge Senior Center.
12. Charter Right exercised by Councillor Toomey on Order Number One of November 21, 2005 requesting the City Manager to confer with the Director of Traffic, Parking and Transportation and the Police Commissioner to review speeding on Lambert Street.
13. Charter Right exercised by Councillor Toomey on Order Number Two of November 21, 2005 requesting the Mayor to convey to the School Committee the request of the City Council that the School Committee and Superintendent of Schools provide the City Council with the graduation rates for African American males from CRLS.
14. Charter Right exercised by Councillor Toomey on Order Number Three of November 21, 2005 requesting the City Manager to confer with appropriate staff to immediately remove the shrubbery at the rear of the Manhattan/Blockbuster building due to serious rat infestation.
15. Charter Right exercised by Councillor Toomey on Order Number Four of November 21, 2005 requesting the City Manager to confer with the Assistant City Manager of Human Services to review the quality of produce provided at senior citizen locations.
16. Charter Right exercised by Councillor Toomey on Order Number Five of November 21, 2005 requesting the City Manager to undertake the repaving of Saint Sauveur Court and to immediately examine Saint Sauveur Court to determine whether the current condition constitutes a safety hazard and report to the City Council on this matter.
17. Charter Right exercised by Councillor Toomey on Order Number Six of November 21, 2005 requesting the City Manager to confer with the Director of Libraries with the view of maintaining the existing hours of operation for the Collins and Observatory Hill Branch Libraries.
18. Charter Right exercised by Councillor Toomey on Order Number Seven of November 21, 2005 requesting the City Manager to report on the schedule for renovating the Glacken Field tennis courts, which are in a state of serious disrepair.
19. Charter Right exercised by Councillor Toomey on Order Number Eight of November 21, 2005 requesting the City Manager to confer with the Assistant City Manager for Community Development to report on when UDAG funds will be released to the organizations that have been selected by the Area Four Coalition for UDAG funding.
20. Charter Right exercised by Councillor Toomey on Order Number Nine of November 21, 2005 requesting the City Manager to report on when a replacement tree will be planted on Pine Street near Harvard Street.
21. Charter Right exercised by Councillor Toomey on Order Number Ten of November 21, 2005 requesting the City Manager to confer with the Commissioner of Public Works to look into the possibility of remedial action for the sidewalk at Erie Street and Brookline Street where tree roots have pushed up the sidewalk enough to make difficult footing for seniors in inclement weather.
22. Charter Right exercised by Councillor Toomey on Order Number Eleven of November 21, 2005 requesting the City Manager to provide a report that contains clear visual information with regard to how Lafayette Square will look when construction is completed.
23. Charter Right exercised by Councillor Toomey on Order Number Twelve of November 21, 2005 requesting the City Manager to confer with the Commissioner of Public Works to provide an update on the trash receptacle discount program.
24. Charter Right exercised by Councillor Toomey on Order Number Thirteen of November 21, 2005 requesting the City Manager to confer with the Police Commissioner to report on the progress of hiring a pool of substitute Traffic Safety Officers to fill in so that highly paid and skilled police officers are not taken from their normal duties to substitute for absent Traffic Safety Officers.
25. Charter Right exercised by Councillor Toomey on Order Number Fourteen of November 21, 2005 requesting the City Manager to direct the City Solicitor to examine any and all prohibitions that may preclude the City Council at the direction of a subcommittee or otherwise from directing the City Manager to allocate necessary funds for the performance or financial position or other desired analysis of the Cambridge School system, and respond before the final meeting of the 2005 City Council term.
TABLED 5-4 ON A MOTION BY COUNCILLOR TOOMEY
26. Charter Right exercised by Councillor Toomey on Order Number Fifteen of November 21, 2005 requesting the City Manager to confer with the Assistant City Manager for Human Services to arrange for the Cambridge Somerville Resource Guide, a guide to human service resources, to be listed on the front page of the City's website.
27. Charter Right exercised by Councillor Toomey on Order Number Sixteen of November 21, 2005 requesting the City Manager to confer with the Police Commissioner and the City Solicitor to determine whether Traffic Safety Officers could be authorized to issue (a) citations for parking violations and/or (b) citations for moving violations for vehicles that are endangering the children by their disregard of traffic laws.
28. Charter Right exercised by Councillor Toomey on Order Number Seventeen of November 21, 2005 requesting the City Manager to direct the Department of Public Works to repair the sidewalk at 145 Chilton Street.
29. Charter Right exercised by Councillor Toomey on Order Number Eighteen of November 21, 2005 requesting the City Manager to direct Public Works Department to investigate the possibility of placing an additional bench on the plaza of 237 Franklin Street.
30. Charter Right exercised by Councillor Toomey on Order Number Nineteen of November 21, 2005 requesting the City Manager to work with the co-chairs of the Special Committee on state funded housing projects and prepare a five minute presentation at a regular business meeting of the City Council prior to the end of the legislative term, said presentation to include a summary of work conducted by this Special Committee and a recommendation for work moving forward.
31. Charter Right exercised by Councillor Toomey on Order Number Twenty of November 21, 2005 requesting the City Manager to ask the Executive Director of the Cambridge Housing Authority to continue the introductory meetings at public housing developments across the City to introduce himself and his staff to the residents of the public housing community.
ON THE TABLE
32. 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.
33. Placed on Table on the motion of Mayor Sullivan relative to Committee Report #1 of March 7, 2005 from the University Relations Committee, for a meeting held on February 8, 2005 to discuss the M.I.T. Payment in Lieu of Taxes (PILOT).
34. Placed on Table on the motion of Councillor Simmons on April 11, 2005 on an order adopted relative to a communication from Robert W. Healy, City Manager, transmitting a recommendation from the License Commission to deny a jitney license application from Nautical Tours, Inc.
35. Placed on Table on the motion of Councillor Toomey on May 9, 2005 on an order requesting the City Solicitor draft a home rule petition to amend the City Charter to provide for popular election of the Mayor in the next municipal election.
UNFINISHED BUSINESS
36. 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 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 February 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.]
COMMUNICATIONS
1. A communication was received from Julia Halprin, transmitting thanks for the City Council's best wishes.
2. A communication was received from Althea Buckley, regarding an Appellate Tax Board Hearing.
3. A communication was received from Joseph E. Connarton, Executive Director, PERAC, regarding the Appropriation for Fiscal Year 2007.
4. A communication was received from the family of James R. Gallagher, transmitting thanks to the City Council for your kind expression of sympathy.
5. A communication was received from Roy Bercaw, regarding unequal protection of laws.
6. A communication was received from Roy Bercaw, regarding persons with disabilities.
7. A communication was received from Kathy Podgers, regarding fuel assistance.
RESOLUTIONS
1. Resolution on the death of Peter Crivello. Mayor Sullivan, Councillor Toomey
2. Resolution on the death of Forrest L. McClintic. Councillor Toomey
3. Resolution on the death of Alexios Nikou. Mayor Sullivan
4. Wishes for a speedy recovery to Boston City Councillor James Kelly. Mayor Sullivan
5. Resolution on the death of Caesar S. Scurini. Mayor Sullivan
6. Resolution on the death of Joseph J. Correia, Jr. Mayor Sullivan
7. Resolution on the death of George Patrick McCusker. Mayor Sullivan
8. Resolution on the death of Derek Lamb. Councillor Davis
9. Congratulations to Maggie Perez and her husband, Hector, on the adoption of their son. Mayor Sullivan
10. Resolution on the death of Steve Belichick. Mayor Sullivan
11. Congratulations to Pat Pratt for receiving the first-ever Fresh Pond Stewardship Award. Mayor Sullivan
12. Congratulations to Mary Kennedy for receiving the first-ever Fresh Pond Stewardship Award. Mayor Sullivan
13. Congratulations to The Phoenix Landing on their 10th Anniversary. Mayor Sullivan
14. Resolution on the death of Private First Class Anthony Gaunky. Vice Mayor Decker
15. Resolution on the death of Lance Corporal John Lucente. Vice Mayor Decker
16. Resolution on the death of Lance Corporal Daniel Swaim. Vice Mayor Decker
17. Resolution on the death of Lance Corporal Christopher McCrackin. Vice Mayor Decker
18. Resolution on the death of Private Dylan Paytas. Vice Mayor Decker
19. Resolution on the death of Lance Corporal David Mendez Ruiz. Vice Mayor Decker
20. Resolution on the death of Lance Corporal Miguel Terrazas. Vice Mayor Decker
21. Resolution on the death of Corporal Joshua Ware. Vice Mayor Decker
22. Resolution on the death of Lance Corporal Scott Zubowski. Vice Mayor Decker
23. Resolution on the death of Private Christopher Alcozer. Vice Mayor Decker
24. Resolution on the death of Corporal Jonathan Blair. Vice Mayor Decker
25. Resolution on the death of Private First Class John Dearing. Vice Mayor Decker
26. Resolution on the death of Corporal Donald Fisher, II. Vice Mayor Decker
27. Resolution on the death of Specialist Matthew Holley. Vice Mayor Decker
28. Resolution on the death of Specialist Michael Idanan. Vice Mayor Decker
29. Resolution on the death of Corporal John Longoria. Vice Mayor Decker
30. Resolution on the death of Corporal Jeffrey Rogers. Vice Mayor Decker
31. Resolution on the death of Lance Corporal Tyler Troyer. Vice Mayor Decker
32. Resolution on the death of Sergeant Denis Gallardo. Vice Mayor Decker
33. Resolution on the death of Specialist Allen Knop. Vice Mayor Decker
34. Resolution on the death of Staff Sergeant Ivan Alarcon. Vice Mayor Decker
35. Resolution on the death of First Lieutenant Dennis Zilinski. Vice Mayor Decker
36. Resolution on the death of Lance Corporal Roger Deeds. Vice Mayor Decker
37. Resolution on the death of Private First Class Travis Grigg. Vice Mayor Decker
38. Resolution on the death of Specialist Dominic Hinton. Vice Mayor Decker
39. Resolution on the death of Staff Sergeant Edward Karolasz. Vice Mayor Decker
40. Resolution on the death of Staff Sergeant James Estep. Vice Mayor Decker
41. Resolution on the death of Second Lieutenant Donald McGlothin. Vice Mayor Decker
42. Resolution on the death of Lance Corporal Nickolas Schiavoni. Vice Mayor Decker
43. Resolution on the death of Sergeant Tyrone Chisholm. Vice Mayor Decker
44. Resolution on the death of Sergeant Jeremy Murray. Vice Mayor Decker
45. Resolution on the death of Sergeant Joshua Terando. Vice Mayor Decker
46. Resolution on the death of Sergeant Dominic Sacco. Vice Mayor Decker
47. Resolution on the death of Specialist Alexis Roman-Cruz. Vice Mayor Decker
48. Resolution on the death of Staff Sergeant Stephen Sutherland. Vice Mayor Decker
49. Resolution on the death of Specialist Vernon Widner. Vice Mayor Decker
50. Resolution on the death of Sergeant First Class Alwyn Cashe. Vice Mayor Decker
51. Resolution on the death of Major Ramon Mendoza, Jr. Vice Mayor Decker
52. Resolution on the death of Master Sergeant Anthony Yost. Vice Mayor Decker
53. Resolution on the death of Staff Sergeant Michael Parrott. Vice Mayor Decker
54. Resolution on the death of Robert Henry Bohn, Jr. Mayor Sullivan
55. Congratulations to the Charles River Watershed Association on its 40th year of advocacy for the Charles River. Councillor Davis
56. Condolences to the Evans family on the death of Gladys Evans. Mayor Sullivan, Councillor Simmons
57. Thanks to Judy Kavanagh for her 24 years of dedicated service to SEA Consultants, Inc. as she retires as Community Relations Manager for the City of Cambridge’s Sewer Separation and Stormwater Management Program. Mayor Sullivan
58. Resolution on the death of Maria Gillis. Mayor Sullivan
59. Congratulations to Giovani Hoyos-Corrales on becoming a legal permanent resident of the United States. Councillor Davis
60. Congratulations to the Cambridge Health Alliance on the opening of the Cambridge Breast Center at the Cambridge Hospital on December 5, 2005. Mayor Sullivan
61. Support for the Special Olympics of Massachusetts and wishing them the best of luck at their VIP reception on December 20, 2005. Mayor Sullivan
62. Congratulations to Alexi and Rishi Lownie on the birth of their new daughter, Maya. Vice Mayor Decker
63. Resolution on the death of Margaret Leeman. Mayor Sullivan, Councillor Toomey
64. Happy Birthday wishes to Stella Shuman on her 100th Birthday. Mayor Sullivan, Councillor Toomey
65. Resolution on the death of Quelminda Santos. Councillor Toomey
66. Resolution on the death of Ronald E. Laidley, Jr.. Councillor Toomey
67. Resolution on the retirement of Joseph Nicoloro. Mayor Sullivan
68. Happy 50th birthday wishes to Jeanne Cantwell Doherty. Mayor Sullivan
69. Resolution on the death of Patricia Fitzmaurice. Mayor Sullivan
70. Congratulations to Ben Affleck and Jennifer Garner's on the birth of their daughter. Mayor Sullivan, Vice Mayor Decker
71. Resolution on the death of Paul M. McMahon. Mayor Sullivan
72. Resolution on the death of Rita M. Barnaby. Mayor Sullivan
73. Support for the 32nd Annual Kwanza Celebration on December 10, 2005 at the King School. Mayor Sullivan
74. Support for the Cambridge Action Fund, Inc on its annual forum, How Best to Help the Homeless. Mayor Sullivan
75. Congratulations to Alfred Constable on his election as President of the Santa Lucia Society. Mayor Sullivan
76. Resolution on the death of Brenda M. Connelly. Councillor Toomey
77. Resolution on the death of Patsy Mangone. Councillor Toomey
78. Resolution on the death of Jose J. Freitas Councillor Toomey
79. Happy Birthday to a special Cantabrigian. Councillor Reeves
80. Wishes for a speedy recovery to Carol Correia. Councillor Maher
81. Wishes for a happy retirement from the MBTA to Ted Joyce. Councillor Maher
82. Congratulations to Ron and Sylvia Pailliotet on the birth of their daughter. Vice Mayor Decker
83. Thanks to D'Amma Battle on the Art of Black Dance and Music in celebrating a 30th Anniversary, and for providing 32 years of Kwanzaa leadership in Cambridge. Councillor Reeves
84. Congratulations to Carol Hill on the Dr. Martin Luther King School Neighborhood Council on the 32nd Annual Kwanzaa Celebration. Councillor Reeves
ORDERS
1. Urging residents to participate in the Healthy Living Campaign called "Cambridge Fitness Buddies" this January and the City Manager is requested to have this information publicized on the City's website, municipal cable and any other mechanism to cooperate with the Cambridge Public Health Department in this effort. Councillor Davis
2. The City Manager is requested to instruct the Director of Traffic, Parking and Transportation to reimburse any and all parking tickets issued to the public at the Warren Street parking lot, the Webster Street parking lot and the Springfield parking lot. Councillor Toomey
3. The City Manager is requested to investigate the circumstances relative to a claim contained in a letter from a resident that he was treated unfairly by the Department of Human Services. Councillor Simmons
4. The City Manager is requested to instruct the Director of Traffic, Parking and Transportation to install parking meters along First Street adjacent to small businesses at this location. Councillor Toomey
5. Dedication of a site in Gold Star Mother Park in honor of Frank Manganelli. Mayor Sullivan and Councillor Toomey
6. Dedication of a site in Gold Star Mother Park in honor of Geno Donofrio. Mayor Sullivan and Councillor Toomey
7. Support for the staff of Cambridge Head Start as they negotiate a new contract with the new operating agency. Councillor Simmons
8. The City Manager is requested to instruct the Director of Traffic, Parking and Transportation to institute resident parking on Blackstone Street. Councillor Davis
9. The City Manager is requested to confer with the Commissioner of the Department of Public Works with regard to instituting regular supervisory walking patrols of the City streets to check for any sidewalks, curbs and streets that are in need of repair and could be hazardous to pedestrians and drivers. Mayor Sullivan
10. Support for the One Campaign in its mission to fight of global poverty and AIDS. Mayor Sullivan
11. The City Manager is requested to direct the Commissioner of Public Works to cut back a tree at 128 Cherry Street. Councillor Simmons
12. That the City Manager be and hereby is requested to direct the Department of Public Works and or the License Commission to investigate the apparent problems with the company that owns and operates the recycling trucks, and to also look at whether other neighborhoods have complained about their services. Councillor Simmons
13. The City Manager is requested to have the Law Department draft a municipal regulation to ban gas and diesel powered leaf blowers from use in the City of Cambridge. Councillor Davis, Councillor Simmons, Councillor Toomey, Councillor Murphy
14. The City Manager is requested to confer with the Commissioner of Public Works to review the business sidewalk furniture policy relating to November 1, with a view to extend the time and report back at the January 9, 2006 City Council meeting. Mayor Sullivan
15. The City Manager is requested to provide the City Council with information on the number of tickets issued in the city for anti-idling regulation. Councillor Davis
16. The City Manager is requested to provide an update on a home for the Community Learning Center. Councillor Davis
17. The City Manager is requested to provide the City Council with a proposed timeline on the negotiation and planning for the re-use of the Western Avenue police station with a view of possibly finding a new home for the Community Learning Center. Councillor Davis, Councillor Toomey, Councillor Murphy, Councillor Maher, Councillor Simmons – CHARTER RIGHT - DECKER
COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on November 22, 2005 for the purpose of considering proposed amendments to Chapter 8.24 of the Municipal Code on Refuse and Litter.
– PASSED TO 2ND READING
2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on October 26, 2005 for the purpose of receiving an update on local action to reduce greenhouse emissions.
HEARING SCHEDULE
Mon, Dec 5
5:00pm Special Presentation – Pop Warner C Cheerleading Team (Sullivan Chamber)
5:30pm City Council Meeting (Sullivan Chamber)
Wed, Dec 14
3:00pm The Housing Committee will conduct a public meeting to continue discussion on the issue of increases in condominium fees for inclusionary zoning homeownership units, and on how the Community Development Department can assist tenants in private affordable rental units who wish to contest rent increases. (Ackermann Room)
Mon, Dec 19
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Jan 2, 2006
10:00am INAUGURAL MEETING (Sullivan Chamber)
Mon, Jan 9, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Jan 23, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Jan 30, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 6, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 13, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 27, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 6, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 13, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 20, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 27, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 3, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 10, 2006
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 24, 2006
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 AMENDED ORDER December 5, 2005
COUNCILLOR DAVIS
ORDERED: That the City Council go on record urging residents to participate in the Healthy Living Campaign called "Cambridge Fitness Buddies" kicking off this January; and be it further
WHEREAS: That a Fitness Buddy can be anyone, from any part
of the Cambridge Community, who wants to give the 'gift of fitness' to friends
and family, inspiring them and supporting them in a commitment to 'Get Moving
Twice A Week' for 10 weeks; and
WHEREAS: The program is open to anyone who is willing to commit to recruiting
two or more Buddies to 'Get Moving Twice A Week' for 10 weeks. They will be
invited to an orientation and kick-off event in January 2006 and will be invited
to attend three workshops on achieving a healthier lifestyle. Over the course of
10 weeks, Fitness Buddies will record their activity, and share successes,
suggestions, and strategies. There will be a celebratory dinner at the
conclusion of the 10 weeks for all who complete the program; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have this information publicized on the City's website, municipal cable and any other mechanism to cooperate with the Cambridge Public Health Department in this effort; and be it further
ORDERED: That the City Manager be and hereby is requested to especially "put the challenge out" to City employees to
participate and become fitness buddies – and thereby
lead by example and “walk the talk” of our shared goals to make Cambridge a
healthier city by promoting Fitness Buddies as an innovative and important
program of the “Healthy Living Cambridge” campaign.
O-2 AMENDED ORDER December 5, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to reimburse any and all parking tickets issued to the public at the Warren Street parking lot,
the Webster Street parking lot and the Springfield Street
parking lot due to the fact that the machines were not working properly; the supplies used in the machines were incorrect and resulted in the public bearing the burden for this error.
O-3 December 5, 2005
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to investigate the circumstances relative to a claim contained in a letter from a resident that he was treated unfairly by the Department of Human Services.
O-4 December 5, 2005
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to instruct the Director of Traffic, Parking and Transportation to install parking meters along First Street adjacent to small businesses at this location.
O-5 December 5, 2005
MAYOR SULLIVAN
COUNCILLOR TOOMEY
ORDERED: That the City Council go on record dedicating an appropriate site in Gold Star Mother Park in honor of Frank Manganelli; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-6 December 5, 2005
MAYOR SULLIVAN
COUNCILLOR TOOMEY
ORDERED: That the City Council go on record dedicating an appropriate site in Gold Star Mother Park in honor of Geno Donofrio; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.
O-7 December 5, 2005
COUNCILLOR SIMMONS
ORDERED: That the City Council go on record in support of the staff of Cambridge
Head Start as they negotiate a new contract with the new operating agency.
O-8 December 5, 2005
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the
Director of Traffic, Parking and Transportation to institute resident parking on
Blackstone Street.
O-9 December 5, 2005
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to confer with the
Commissioner of the Department of Public Works with regard to instituting
regular supervisory walking patrols of the City streets to check for any
sidewalks, curbs and streets that are in need of repair and could be hazardous
to pedestrians and drivers.
O-10 December 5, 2005
MAYOR SULLIVAN
WHEREAS: The G-8 countries recently met and committed themselves to helping to
alleviate world poverty and address AIDS in Africa; and
WHEREAS: An organization of citizens have formed a worldwide ONE Campaign to
support their countries' commitment to these goals, both through governmental
assistance and the actions of each individual; and
WHEREAS: The ONE Campaign asks this administration to allocate an additional 1%
of the budget to alleviate world poverty and address AIDS in Africa; and
WHEREAS: The ONE Campaign's mission statement is as follows:
WE BELIEVE that in the best American tradition of helping others help
themselves, now is the time to join with other countries in a historic pact for
compassion and justice to help the poorest people of the world overcome AIDS and
extreme poverty. WE RECOGNIZE that a pact including such measures as fair trade,
debt relief, fighting corruption and directing additional resources for basic
needs - education, health, clean water, food, and care for orphans - would
transform the futures and hopes of an entire generation in the poorest
countries, at a cost equal to just one percent more of the US budget. WE COMMIT
ourselves - one person, one voice, one vote at a time - to make a better, safer
world for all; now therefore be it
RESOLVED: That this City Council go on record in support of the ONE Campaign,
and hereby proclaim Cambridge a CITY OF ONE from December 10, 2005 forward. I
urge my fellow Cantabrigians to recognize the Campaign’s mission to fight
global poverty and AIDS; and be it further
RESOLVED: That the City Clerk be and hereby requested to forward a suitably
engrossed of this resolution to the ONE Campaign on behalf of the entire City
Council.
O-11 December 5, 2005
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to direct the
Commissioner of Public Works to cut back a tree at 128 Cherry Street.
O-12 December 5, 2005
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to direct the
Department of Public Works and or the License Commission to investigate the
apparent problems with the company that owns and operates the recycling trucks,
and to also look at whether other neighborhoods have complained about their
services.
O-13 AMENDED ORDER December 5, 2005
COUNCILLOR DAVIS
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to have the Law
Department draft a municipal regulation to ban gas and diesel powered leaf
blowers from use in the City of Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to consider whether a
requirement could be placed on leaf blowers so that the machines do not violate
the Noise Ordinance.
O-14 December 5, 2005
MAYOR SULLIVAN
WHEREAS: Business sidewalk furniture add a lot to both business and patrons'
experiences in our community; and
WHEREAS:: There is presently an arbitrary policy of removal of said furniture on
November 1; and
WHEREAS: Many Cambridge businesses are concerned about this policy, especially
since there are many nice days after November; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the
Commissioner of Public Works to review the business sidewalk furniture policy
relating to November 1, with a view to extend the time; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the
City Council at the January 9, 2006 City Council meeting.
O-15 December 5, 2005
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to provide the City
Council with information on the number of tickets issued in the city for
anti-idling regulation.
O-16 December 5, 2005
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to provide the City
Council with an update on a home for the Community Learning Center.
O-17 December 5, 2005
COUNCILLOR DAVIS
COUNCILLOR TOOMEY
COUNCILLOR MURPHY
COUNCILLOR MAHER
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to provide the City
Council with a proposed timeline on the negotiation and planning for the re-use
of the Western Avenue Police Station with a view of possibly finding a new home
for the Community Learning Center.
CHARTER RIGHT – DECKER
TEXT OF COMMITTEE REPORTS
Committee Report #1 – PASSED TO 2ND READING
The Ordinance Committee held a public hearing on Tuesday, November 22, 2005, beginning at four o’clock and fifteen minutes P .M. in the Sullivan Chamber. The hearing was held for the purpose of considering proposed amendments (Attachment A) to Chapter 8.24 of the Municipal Code on Refuse and Litter (Attachment B).
Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, Councillor David P. Maher, Councillor Brian Murphy, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury. Also present were Robert W. Healy, City Manager, Lisa Peterson, Commissioner of Public Works, John Nardone, Assistant Commissioner for Operations, Department of Public Works (DPW), Nancy Schlacter, Assistant to the City Manager, and Attorney Arthur Goldberg, First Assistant City Solicitor.
Councillor Reeves convened the hearing and explained the purpose. He invited Mr. Healy to introduce the proposed changes. Mr. Healy described the proposal. The amendments would:
Commissioner Peterson noted that the public information piece will be very important. Department of Public Works staff have been working on materials for that use. A new compliance officer position has been added. The position will be dedicated to solid waste enforcement.
Commissioner Peterson said that the DPW is also working on a pilot program using automated collection and employing cart tippers. Part of the challenge is to first make the routes more rational and efficient geographically. Then they will designate a pilot area. She reported that DPW staff looked at the collection methods of many other densely populated cities.
Councillor Reeves asked the staff to comment on why a three-hour change (from 3:00pm to 6:00pm) will be effective for rat deterrence. Mr. Healy said that he would prefer a change to require rubbish to be put on the curb the day of collection.
Councillor Toomey said that during the last round of discussion about the changes from 6:00pm to 3:00pm it was found that the seniors would be inconvenienced.
Councillor Reeves then moved to public comment. He noted that the Area Four Coalition had requested to make a coordinated presentation and invited them to begin.
David Scondras, 17 Worcester Street, stated that the Area Four Coalition met last week. They were appreciative of the work that has been done on this issue. They believe the following six issues need to be addressed more fully: education effort, need for stiffer penalties, need for on site enforcer of the rubbish laws to have authority to address improper storage on private property, assistance for people who cannot afford receptacles and/or extermination and cleaning up the street after the rubbish pickup. He submitted a copy of the proposals (Attachment C).
Chuck Knudde, 172 Harvard Street, stated the he is on the Rodent Control Committee of the Area Four Coalition. He stated that he is particularly interested in the public education part, and Area Four Coalition members are willing to assist in this area. He also stated that he trapped a rat in his yard just this afternoon.
Mary Platt, 77 Bishop Allen Drive, stated that she lived in Central Square for over 10 years and in Cambridge for many more years. The rat problem needs mutuality. City departments have to work together. Rats are a serious health problem. We have an underground city of rats. The City should work with MIT, Harvard and Lesley University. They too have rat problems. Inspectional Services needs to provide extermination services for people who cannot afford exterminators. Part of the problem is the barrels tops, not just the barrels. Six of the City Council goals pertain to the rat problem.
Wanda Queen, 12 Boardman Street, stated that she caught five rats in her home in one day. Inspectional Services said that rats are nesting in the walls.
Mr. Scondras thanked the committee for allowing the presentation. He emphasized the need to avoid jurisdictional disputes between public/private properties. Rats are found in both. In Boston, a same day curb deadline worked well and he would support it; but he understands that it is problematic politically. If the containers are secure, maybe a same day requirement for trash on the curbs is less important.
Councillor Reeves urged Commissioner Peterson to strongly consider the Area Four Task Force offer to assist with the public education.
John Gintell, 9 West Street, commended that the city administration and City Council for addressing the rat problem. However, he does not believe the proposed amendments to the Ordinance would be that effective. He does not agree with the requirement for barrels and the elimination of plastic bags as legal receptacles.
Councillor Simmons asked the Co-chairs what the next steps would be.
Councillor Toomey asked whether the Area Four Coalition supports the proposed changes submitted by the City Manager.
Mr. Scondras said that they do support them but that they feel that the changes are not enough. He also noted that that the state law already makes plastic bags illegal.
Councillor Reeves stated that there has been extraordinary work on this issue by the Area Four Coalition.
Councillor Simmons moved referral of the proposed amendments to the full City Council.
Councillor Davis stated that she has questions about the issues submitted by the Area Four Coalition. She asked whether the proposal by the City Manager contemplates enforcement by the Department of Public Health. Mr. Healy said no, Inspectional Services is the agency with the legal power to inspect private interiors for violations of the State Sanitary Code, and Inspectional Services would have enforcement power under the proposed amendments.
Councillor Davis asked if the current law allows owners to have their trash in plastic bags on their property. Commissioner Peterson stated that the Sanitary Code requires rubbish storage on private property to be in properly structured containers (not plastic bags). Mr. Healy stated that Inspectional Services has the power to enforce the Sanitary Code. Commissioner Peterson said that, as part of the City’s overall rat eradication efforts, the Housing Inspectors have focused on rat eradication and proper rubbish storage at private residences.
Councillor Davis noted that the present proposal is focused on disposal at the sidewalk; there are already laws requiring proper storage on private property. Councillor Davis asked about Friday pickup. Councillor Davis said that it will be important for trash collectors to be sure that barrel owners get their lids back.
Mayor Sullivan said his neighbors tie a rope to the handle of the lid and the barrel, and they always get the cover back. He added that the committee might want to retain jurisdiction over the subject matter and have another meeting at which the DPW can bring samples of the planned public education material. Mayor Sullivan then asked whether plastic trash bags could be put out the morning of collection and requested that the answer be provided at the next meeting or public discussion of this issue.
Councillor Simmons moved that the proposed amendment to be referred to the full City Council. The motion passed on a voice vote without objection. She said that any future discussions should include Inspectional Services and the business community, the Cambridge Housing Authority, Homeowners Rehab Inc., and the Area Four Coalition. She also stated that there are going to be warnings as part of enforcement, the ordinance should so state. If not, enforcement should mean fines for all violations.
Councillor Maher emphasized that this is a citywide problem. He requested that the City Manager respond by the December 5th meeting to the requests. Mr. Healy agreed.
Mayor Sullivan requested that the City Manager provide the City Council with a cost analysis of twice weekly rubbish pickup before the budget discussions.
Councillor Toomey stated that he is leaning towards requiring same day pickup, but he is not sure that he can support the prohibition of plastic bags. He would like to see more aggressive and severe fines for the large property owners who are the source of the problem.
Councillor Reeves and Councillor Toomey thanked all those present for their participation. The meeting was adjourned at five o’clock and forty-three minutes p. m.
For the Committee,
Councillor Kenneth E. Reeves, Co-Chair
Councillor Timothy J. Toomey, Jr., Co-Chair
Committee Report #2
The Cable TV, Telecommunications and Public Utilities Committee held a public meeting on October 26, 2005, beginning at eight o’clock and fifty minutes A.M. in the Anastos Room. Attendees gathered in the Sullivan Chamber at eight o’clock and thirty minutes and then moved the meeting to the Anastos Room. The meeting was held for the purpose of receiving an update on local action to reduce greenhouse emissions.
Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, and City Clerk D. Margaret Drury. Also present were George Fernandes, City Electrician, Susanne Rasmussen, Director of Environmental and Transportation Planning, Rosalie Anders, Environmental and Transportation Planner, Cambridge Community Development Department (CDD), Frank Gundal, Manager of Products and Services for NSTAR, Brett Feldman, Energy Efficiency Program Manager, NSTAR, William Zamparelli, Community Relations Representative, NSTAR, Benny Lee, Green Decade/Cambridge, Mindy Hertzog, Green Decade, and Chad Laurent, Mass Energy.
Councillor Simmons convened the meeting and explained the purpose. She invited Frank Gundal to begin the discussion with a report on NSTAR’s progress in this area.
Mr. Gundal reported on NSTAR’s progress. Mr. Gundal said that NSTAR has developed a green program, which they are planning to submit to the Massachusetts Department of Energy and Telecommunications (DET) for approval. The program will allow customers to voluntarily choose a green alternative of renewable energy.
Councillor Simmons emphasized the need for public education. Much more is needed than just a check off box on a bill. She asked what are NSTAR’s plans for public education and marketing and requested that Mr. Gundal describe the program.
Mr. Gundal said that the program would encompass all of the NSTAR communities. It will be a "plain vanilla" program to be simple to use. There will be two options. A customer can choose to pay for renewable energy certificates for either 25 percent or 100 percent of the energy consumption for which they are being billed. The average customer uses approximately 500 Kilowatt-hours (KWH) of electricity per month. If the customer chooses 25 percent, 125 KWH will be matched with renewable energy certificates (Recs).
Councillor Simmons asked about the cost to the customer. Mr. Gundal said that the 25 percent plan would cost the customer an additional $12.00 per month. In developing the program NSTAR used focus groups to ask at what level would customers participate. The focus groups were used in the northeastern United States, and they also looked at research from across the United States.
Mr. Gundal said that NSTAR hopes that once the program has been launched, they will be able to offer some additional variations.
Councillor Simmons then invited questions from those present. Mindy Hertzog asked if the Massachusetts Technology Collaborative (MTC) is going to recognize this as a program eligible for matching funds to come back to the City. Ms. Rasmussen explained that the Massachusetts Collaborative program provides for a 200 percent match, 100 percent goes to the City for energy efficiency programs and 100 percent goes to energy efficiency programs for low income housing across the state. Mr. Gundal said that as far as he knows, the program would be eligible for Massachusetts Technology Collaborative matching funds.
Ms. Rasmussen asked about the timing of the program. Mr. Gundal said NSTAR plans to take it to the DET with the next rate adjustment. Ms. Rasmussen noted that at the moment there is no program. Mr. Gundal said that City support could be important to gaining DET approval. Mr. Zamparelli noted that support for this voluntary program need not be tied to support for a rate increase.
Councillor Simmons asked about NSTAR’s greenhouse emission goals. Mr. Gundal said NSTAR’s main focus is energy efficiency." Before you turn the windmill on, turn the lights off." NSTAR has worked on energy efficiency for a long time. Mr. Gundal said that because NSTAR’s business is the transmission and distribution business, not the generation business, NSTAR does not have a big corporate mandate for renewable energy, although he does believe it is very important. He would like MTC to have a position at MTC for a person dedicated to renewable energy.
Mr. Laurent stated that he has had some experience working with National Grid on a green program in which customers could choose 50% or 100% of their payment to go towards the purchase of RECs, and he would like very much to be able to be of assistance. He asked if the NSTAR program would be similar to the Green Up program of Mass Electric. Mr. Gundal said that it would not be like the Green Up program, which is difficult for people to understand.
Ms. Anders said that she would like to see a concerted outreach program in a form that could reach the very large residential owners. Mr. Gundal stated that marketing would play a huge role in the success of the program. In response to a question from Ms. Herzog, he said that once the program is approved by DET, NSTAR will be issuing requests for proposals and will be looking for marketing concerns that have a national presence and national experience.
Brett Feldman, Energy Efficiency Manager for NSTAR, reported on NSTAR’s energy efficiency programs. He noted that 3,500 solar panels would have to be installed in Cambridge to achieve the energy savings that NSTAR has achieved with its energy efficiency programs.
Councillor Davis asked if there is one telephone number for customers to call to find out about energy audits and energy efficiency programs. Mr. Zamparelli said that there is one number for residential customers and one number for commercial customers. He also said that there is one number for customer service. Councillor Davis said that the customer service number sends people into an automated tree that takes ten minutes. People won’t wait that long. One number would be very helpful.
Councillor Davis reported that one member of the City Council described his experience of calling NSTAR to request an energy audit and being told that there would be at least a two month wait and that the funds for the program are running out. Mr. Gundal said that NSTAR does have money for the program, but right now, due to heavy demand, the wait for residential audits has gone from two weeks to six weeks. NSTAR is in the process of hiring and training additional auditors. Councillor Davis emphasized the importance of the clarity of the message to the public. Mr. Lee said that it is very exciting to hear from NSTAR of the increased demand for energy audits.
Ms. Anders stated that the NSTAR website is very confusing. Ms. Rasmussen agreed. She said that although she did get the right person eventually, it took a long time. Ms. Rasmussen also noted that a customer cannot just buy an energy efficient refrigerator and get a rebate. The customer must go through the audit process. Mr. Fernandes said that in his opinion someone who buys an energy star refrigerator should be able to get the rebate without an audit.
Councillor Simmons said that Cambridge has an aggressive climate protection program. She would like to focus on a goal and set specific dates for achieving the steps that will lead to accomplishing the goal.
Councillor Davis said that she would like to see NSTAR have one telephone number that residential customers, including residents in multi-family buildings, can call for all of their questions on energy efficiency. She would like to see the multi-family building issue addressed as well. Mr. Gundal said that for large multi-family buildings, that is, multi-family buildings that have a common area, this is a problem. NSTAR knows that it is a problem and is working on programmatic solutions. With the smaller multi-families, the tenant is the customer. Councillor Davis said that as her third goal for next year, she would be in favor of the committee making an agenda to look at how commercial emissions can be reduced, because 66% of the emissions come from commercial enterprises.
Councillor Simmons suggested that NSTAR arrange to have the residential energy efficiency manager (Charlie Olsen) attend the next committee meeting on this issue.
Councillor Simmons said that she would like to see an environmental town meeting in the next year. The meeting could highlight the Climate Protection Plan. There could be a light bulb exchange in which people bring their ordinary light bulbs and exchange them for the energy efficient and long-lasting compact fluorescent light bulbs. NSTAR could pass out refrigerator magnets with the new one telephone number for energy efficiency. Ms. Rasmussen said that CDD is in the process right now of sketching out ideas for such an event – an energy fair. Ms. Anders said that the inspiration comes from Portland Oregon; where there are similar events called "Fix It Fairs."
Ms. Rasmussen then distributed an update on Cambridge’s climate action and related environmental initiatives. Attachment A. She said that the data in aggregate shows a 25 percent decrease in emissions on the residential side. She said that the commercial side presents a real opportunity for reductions because commercial enterprises are responsible for 2/3 of the gasses. CDD planning staff members are now focusing their attention on how to achieve reductions on the commercial side. They have had a series of meetings with NSTAR and they look forward to continued assistance from NSTAR.
Councillor Simmons then requested that Mr. Fernandes provide an update on Cambridge street lights. Mr. Fernandes reported that since March there have been 1,100 repairs. Neighborhoods 1,2,3 and 4 have been re-lamped. They are still working on the streetlights that are off because there is no underground power. NSTAR has to repair these. Out of the 50 that had no power in March, 35 have been fixed.
Mr. Zamparelli reported on reorganization at NSTAR. Account representatives are now energy efficiency representatives in recognition of the fact that energy efficiency at the point of sale is critically important.
Councillor Simmons thanked all those present for their participation and their work in the area of energy efficiency and controlling greenhouse gases. She announced her intention to forward this report to the City Council for referral to the 2006-2007 City Council Cable TV, Telecommunications and Public Utilities Committee. The meeting was adjourned at ten o’clock and ten minutes A.M.
For the Committee,
Councillor E. Denise Simmons, Chair