Agenda - December 9, 2002 Cambridge City Council meeting

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as a Constable for a term of three years, effective the first day of January, 2002:   Nicholas R. Costa, 10 Clark Rd., Groveland, MA 01834

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-106, regarding the installation of LED traffic lights and information on the funding for the lights.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-95, regarding the status of providing information on the current traffic and parking regulations to the public.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-104, regarding a report on the status of having street signs on all streets.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-109, regarding a report on the installation of signs being attached to the parking meters at the taxi stand on Brookline Street and increasing the size of the taxi stand to include the loading zone at Brookline Street and Massachusetts Avenue and lengthening the loading zone on Green Street.

6. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $2,980 in the Grant Fund of the Historical Commission Other Ordinary Maintenance Account from the Mass. Cultural Council to be used for operating costs, including purchase of archival materials to conserve and house donated collections, and costs related to educational programs.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $11,000 in the Grant Fund of the Police Department Salary & Wages Account ($8,000) Other Ordinary Maintenance Account ($3,000) from the Governor’s Highway Safety Bureau to assist in the overtime enforcement of the "Click It or Ticket" campaign which promotes safety by ensuring seatbelts are being worn.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $403,750 in the Grant Fund of the Police Department Salary & Wages Account ($223,250), Other Ordinary Maintenance Account ($62,500), and Travel & Training Account ($28,000) and Extraordinary Expenditures Account ($90,000) from the Mass. Executive Office of Public Safety to assist in the continuing implementation of a community policing strategy.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $87,500 in the General Fund of the Police Department from the Salary & Wages Account to the Travel & Training Account to provide funds to pay medical bills and lump sum settlements, and for tuition reimbursements.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Nos. 02-108 and 02-102, regarding the condition of Speridakis Terrace and York Place respectively.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item No. 02-103, regarding the hiring of an Arborist.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Louis A. DePasquale, 17 So. Normandy Avenue, Cambridge as Assistant City Manager for Fiscal Affairs effective December 2, 2002.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-97, regarding a report on unsafe parking and safety implications of illegal parking on narrow streets and alleyways.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-107, regarding a report on the 24-hour truck ban on Putnam Avenue.

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-113, regarding a report on changes in service by the MBTA for the Night Owl route.

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-98, regarding a report on including more arts programming on the City’s cable station.

17. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Mass Executive Office of Public Safety through the Community Policing Program for $38,000 to the DHSP Salary & Wages Account ($15,417), Travel & Training Account ($3,500) and Other Ordinary Maintenance Account ($19,083) to fund a part-time coordinator for the No. Cambridge Crime Task Force.

18. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Mass Department of Education for $17,233 to the DHSP Salary & Wages Account ($13,738) and Other Ordinary Maintenance Account ($3,495) to continue to provide evening GED classes for Community Learning Center participants.

19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 02-99, regarding a report on the implementation of the land use and zoning recommendations of the Cambridgeport Neighborhood Study and a timetable for drafting appropriate amendments to the zoning ordinances.

20. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of Donald A. Drisdell, 51 Standish Street, Cambridge, as City Solicitor, effective December 2, 2002.

CHARTER RIGHT
1. Charter Right exercised by Councillor Murphy on Applications and Petitions #1 of November 25, 2002 an application from Thomas Anninger requesting a curb cut at the premises numbered 122 Hamilton Street.

ON THE TABLE
2. Landmark Designation Study Report for Shady Hill Square, 1-11 Shady Hill Square and 36 Holden Street.

3. Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.

4. Order #19 of September 9, 2002 requesting the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.

5. Order #17 of October 7, 2002 requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.

6. Applications and Petitions #1 of November 18, 2002 an application from John Kennedy requesting a curb cut at the premises numbered
33 Walker Street.

UNFINISHED BUSINESS
7. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.

8. Proposed amendment to the Zoning Ordinance to Section 11.200 to increase linkage fees paid by developers of commercial housing seeking special permits to increase density or intensity of use. The question comes on passing to be ordained on or after November 11, 2002. This petition expires December 31, 2002.

9. Transfer, reduction and authorization of $1,800,000 from the North Cambridge railroad underpass project for the following purposes: $700,000 improvements to Cambridge Street, $600,000 Miscellaneous Building Renovations and $500,000 Area Four Open Space Project – Phase I.
The question comes on adoption on or after December 9, 2002.

APPLICATIONS AND PETITIONS
1. An application was received from Jill Toney, requesting a curb cut at the premises numbered 45 Creighton Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Two neighborhood associations received letters. One neighborhood association has disapproved and one neighborhood association responded that as a group they are evenly split, half for and half against.

2. An application was received from STA Travel, requesting permission for a sign at the premises numbered 12 Elliot Street. Approval has been received from Inspectional Services, Community Development Departments and abutters.

3. An application was received from Desfina Restaurant, requesting permission for a sandwich board sign at the premises numbered 202 Third Street.

CONSENT COMMUNICATIONS
1. A communication was received from Cambridge Young Men’s Christian Association, owners of 448, 450 and 438 Green Street, transmitting written protest to the Riverside/Carlson zoning petition.

2. A communication was received from Cambridge Electric Light Company, owners of 24-46 Blackstone Street, 25-45 Blackstone Street and 217-229 Putnam Avenue, transmitting written protest to the Riverside/Carlson zoning petition.

3. A communication was received from Harvard Planning and Real Estate, owners of 890 and 880 Memorial Drive, 28 Hingham Street, 381, 387 and 389 Western Avenue, 27 Elmer Street, 2,3, and 6 Athens Terrace, 35, 37R 41-43, 49 Banks Street, 1,15 and 17 Cowperthwaite Street, 3-5, 4,6, 6.5, 7, 8, 9-11, 12, 13, 15-15.5 and 17 Grant Street, transmitting written protest to the Riverside/Carlson zoning petition.

4. A communication was received from Myopia Trust, owners of 300 Putnam Avenue, transmitting written protest to the Riverside/Carlson zoning petition.

5. A communication was received from Hansa Realty Trust, owners of 353-363 Allston Street, transmitting written protest to the Riverside/Carlson zoning petition.

6. A communication was received from Chiccarelli Real Estate, Inc., owners of 423-429 Franklin Street, 198 River Street, 342 Putnam Avenue, 354 Allston Street and 359-361 Western Avenue, transmitting written protest to the Riverside/Carlson zoning petition.

7. A communication was received from Putnam Street Realty, LLC, owners of 340 River Street, 339, 371 and 375 Putnam Avenue, transmitting written protest to the Riverside/Carlson zoning petition.

8. A communication was received from Oaktree Franklin, LLC, owners of 363 Franklin Street, transmitting written protest to the Riverside/Carlson zoning petition.

9. A communication was received from Anna Realty Corporation, owners of 279 Pearl Street, 275-277R Putnam Avenue and 90 Western Avenue, transmitting written protest to the Riverside/Carlson zoning petition.

10. A communication was received from Kerry Corner Improvement Association, regarding the Riverside/Carlson zoning petition.

11. A communication was received from Kerry Corner Improvement Association, regarding the response to Harvard’s Letter on the Riverside/Carlson zoning petition.

12. A communication was received from Joseph E. Connarton, Executive Director, Public Employee Retirement Administration Commission, regarding the Required Fiscal Year 2004 Appropriation.

13. A communication was received from Elizabeth Dunn, regarding the curb cut application for 33 Walker Street.

RESOLUTIONS
1. Extending appreciation to SEA Consultants for being a good neighbor to the Cambridge Community.   Councillor Toomey, Vice Mayor Davis

2. Congratulating Theo Epstein in being named General Manager of the Boston Red Sox.   Mayor Sullivan, Councillor Toomey

3. Congratulating the Cambridge Home for the Aged and Infirm, presently known as Neville Manor, on being placed on the National Register of Historic Places.   Mayor Sullivan

4. Resolution on the death of Ida Delle Sherwin.   Mayor Sullivan

5. Resolution on the death of Mary J. O’Hare.   Councillors Galluccio, Toomey

6. Resolution on the death of Luella Wadsworth.   Councillor Galluccio

7. Encouraging the people of Cambridge to seek opportunities to help one another during this holiday season and to attend the planned Christmas Party.   Councillor Reeves

8. Resolution on the death of Sondra M. Darling.   Mayor Sullivan

9. Resolution on the death of Robert H. McGaughey.   Councillor Galluccio, Mayor Sullivan

10. Resolution on the death of Anne C. McGinness.   Councillor Galluccio, Mayor Sullivan

11. Congratulating the men and women on graduating from the Lowell Police Academy.   Mayor Sullivan

12. Resolution on the death of Anna M. Bossolo.   Councillor Galluccio, Mayor Sullivan, Councillor Toomey

13. Resolution on the death of Barbara Adams.   Councillor Galluccio

14. Resolution on the death of Deolinda Souza.   Councillor Galluccio

15. Resolution on the death of Joyce W. Bailey.   Councillor Galluccio

16. Resolution on the death of Peter P. Tavilla.   Councillor Galluccio

17. Resolution on the death of Paul A. Kuhn.   Mayor Sullivan, Councillor Galluccio

18. Resolution on the death of Judge Francis P. Cullen.   Mayor Sullivan

19. Resolution on the death of Lillian R. Cutter.   Mayor Sullivan

20. Resolution on the death of Sister Simon Morrissey C.S.J.   Mayor Sullivan

21. Resolution on the death of Ambrogio Minuno.   Councillor Toomey

22. Congratulating Nancy E. Glowa on her appointment as Deputy City Solicitor, effective December 2, 2002.   Councillor Maher, Mayor Sullivan, Vice Mayor Davis

23. Congratulating Donald A. Drisdell on his appointment as City Solicitor, effective December 2, 2002.   Councillor Maher, Mayor Sullivan, Vice Mayor Davis

24. Congratulating Louis DePasquale on his appointment as Assistant City Manager for Fiscal Affairs, effective December 2, 2002.   Councillor Maher, Mayor Sullivan, Vice Mayor Davis

25. Resolution on the death of Edward J. Maloney.   Councillor Galluccio

26. Resolution on the death of Mary Ann Clarke.   Councillor Galluccio

27. Congratulating the newly elected 2002-2003 Cambridge School Committee Student Representatives.   Mayor Sullivan

28. Congratulating the newly elected 2002-2003 CRLS Student Government Leaders.   Mayor Sullivan

29. Congratulating the Genzyme Corporation officials receiving the Massachusetts Association of School Committee Award.   Mayor Sullivan

30. Resolution on the death of Thomas M. Celata.   Councillor Galluccio

31. Welcoming Mr. Collins to the City of Cambridge and thanking him for his visit.   Vice Mayor Davis

32. Congratulating the Cambridge Domestic Violence Program, in coordination with the City Manager’s Office, the Cambridge Health Alliance, the Cambridge Police Department, and the Cambridge School Department on their recognition from the National Crime Prevention Council.   Vice Mayor Davis

33. Congratulating Dr. David Osler, Associate Chief of Pediatrics at the Cambridge Health Alliance on being the first recipient of the "Extraordinary Service to MassHealth Members Award."   Vice Mayor Davis

34. Resolution on the death of Richard Jarvis.   Mayor Sullivan, Councillors Simmons, Maher

35. Welcoming Luis Fernandes to Cambridge and urging all Cantabrigians to be cognizant of this worthwhile and informative event.   Councillor Reeves

ORDERS
1. That Sections 2.84.030 and 2.84.050 of Chapter 2.84, COORDINATING COUNCIL FOR CHILDREN, YOUTH AND FAMILIES, also knows as "THE KIDS’ COUNCIL" be amended.   Mayor Sullivan

2. Requesting the City Manager to consult with the officials of the MBTA about replacing the glass on the sides of the Harvard Square T Shop.   Councillor Maher

3. Requesting the City Manager to confer with the Fire Chief to find an equitable solution to the problem of carbon monoxide alarms sounding in fire stations.   Councillor Maher

4. Requesting the City Manager to send an official correspondence from the City of Cambridge to all CPA’s and tax preparation services in Cambridge, as verified by the IRS to discourage promotion of rapid refund loans to EITC filers/recipients.   Vice Mayor Davis and Mayor Sullivan

5. Thanking the Cambridge Arts Council for their work on the paint signal boxes program.   Vice Mayor Davis

6. Requesting the City Manager to develop a plan for designing and installing "Welcome to Cambridge" signs, possibly through a competition open to the public.   Vice Mayor Davis

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Public Facilities, Arts and Celebrations Committee, for a meeting held on October 16, 2002 to receive an update on the library construction project.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Anthony D. Galluccio, Chair of the Housing Committee, for a meeting held on November 6, 2002 to discuss the future of federal subsidies at 2 Mount Auburn Street and methods to address the housing needs of families with incomes of 80% to 120% of median income, including inclusionary zoning and the new moderate-income homeownership program.

HEARING SCHEDULE
Mon, Dec 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Dec 11
6:00pm   The Public Facilities, Art and Celebrations Committee will conduct a public meeting to continue the discussion on the impact of state budget cuts on city arts programs, the status of the report on developing a Cambridge Art survey and an artist space initiative, and possible tools for the city to develop artists’ living and work space.  (Sullivan Chamber)

Thurs, Dec 12
5:30pm   The Health and Environment Committee will conduct a public meeting to discuss the issue of recycling in the city.  (Sullivan Chamber)

Fri, Dec 13
The Health and Environment Committee will conduct public meetings to discuss the following topics:
10:00am   -follow up meeting with NSTAR to discuss the report on the exact and projected amount expended on maintenance by NSTAR for the last three years, the report on the outages in the Mount Auburn/Strawberry Hill/Cambridge Highlands area of the city and any energy saving measures NSTAR can offer Cambridge residents and businesses.  (Sullivan Chamber)
11:00am   -follow up meeting on the issue of noise including leaf blowers with city staff and to discuss a work plan.  (Sullivan Chamber)

Mon, Dec 16
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Dec 18
4:30pm   The Civic Unity Committee will conduct a public meeting to discuss enforcement of panhandling, public drinking, and drug activity in and around Porter, Central and Harvard Squares.  (Ackermann Room)

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

Mon, Jan 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 14
4:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the issue of franchise fees paid to Cambridge by AT&T Broadband for the use of its public ways in light of ruling of FCC that the internet is not a cable service and the possibility of seeking and alternative revenue source.  (Sullivan Chamber)

Wed, Jan 15
4:00pm   The Ordinance Committee will conduct a public hearing to discuss a proposed amendment to the Municipal Code to provide for an Assistant City Manager for Public Safety.  (Sullivan Chamber)

Mon, Jan 27
5:00pm   Special Presentation for Cambridge Public School Art Department showing. Reception in Mayor’s Office.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 29
4:00pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the following:
  -possibility of Cambridge charging a fee for using the city’s right-of-ways for running fiber optic cables
  -plan to develop a public information cable television spots.  (Sullivan Chamber)

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

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

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

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

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

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

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

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

TEXT OF ORDERS
O-1.     December 9, 2002
MAYOR SULLIVAN
ORDERED: That Sections 2.84.030 and 2.84.050 of Chapter 2.84, COORDINATING COUNCIL FOR CHILDREN, YOUTH AND FAMILIES, also knows as "THE KIDS’ COUNCIL" be amended as follows:
Proposed Amendment to Chapter 2.84:
1. That Section 2.84.030 entitled Membership – Appointment – Term under Sub Section A be added:
"or a designee of the City Manager;" (insert directly after "The City Manager")
"or a designee of the Commissioner of Health and Hospitals;" (insert directly after "The Commissioner of Health and Hospitals")
After amendment, the above two items of Sub Section A will read:
"The City Manager or a designee of the City Manager;"
"The Commissioner of Health and Hospitals or a designee of the Commissioner of Health and Hospitals;"
2. That Section 2.84.050 entitled Officers – Quorum – Rules and Regulations- Committees under Sub Section C be modified to read (underline text replaces strikethrough text): "Eleven members shall constitute a quorum for the purpose of conducting business that requires the vote of the Council and all decisions shall be made by majority vote of the Council members present and voting."
After amendment, Sub Section C will read: "Eleven members shall constitute a quorum for the purpose of conducting business that requires the vote of the Council and all decisions shall be by majority vote of the Council members present and voting."

O-2.     December 9, 2002
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to consult with the officials of the MBTA about replacing the glass on the sides of the Harvard Square T stop opposite the Cambridge Savings Bank, this glass has been damaged by acid graffiti and if this graffiti occurred on property owned by private residents or a commercial entity it would be mandatory that the glass be replaced.

O-3.     December 9, 2002
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to confer with the Fire Chief to find an equitable solution to the problem of carbon monoxide alarms sounding in fire stations, especially those stations near residential homes.

O-4.     December 9, 2002
VICE MAYOR DAVIS
MAYOR SULLIVAN
WHEREAS: The Earned Income Tax Credit (EITC) is the nation’s largest and most effective antipoverty policy, lifting an average of 5 million Americans above the poverty line each year, through a tax credit claimed on federal and state income taxes (see attached report on EITC); and
WHEREAS: An estimated $1.75 billion in EITC refunds in 1999 were diverted toward paying for tax preparation, electronic filing, and high-cost refund loans; and
WHEREAS: A taxpayer claiming an EITC of $1500 will, on average, spend more than 10 percent of this amount on tax preparation, electronic filing, and costly rapid refund loans if they use a commercial tax preparer; and
WHEREAS: Free tax preparation services for low-income families and individuals provide for significant savings; now therefore be it
ORDERED: That the City Manager be and hereby is requested to promote free tax preparatory services in Cambridge to the public, utilizing all available means, including city cable, Internet, the Library, and any pertinent public notices; and be it further
ORDERED: That the City Manager be and hereby is requested, with the assistance of the Economic Development division of the Community Development Department, to send an official correspondence from the City of Cambridge to all Certified Public Accountants (CPAs) and tax preparation services in Cambridge, as verified by the Internal Revenue Service national database of electronic return originators, discouraging the promotion of rapid refund loans to EITC filers/recipients; and be it further
ORDERED: That the City Manager be and hereby is requested, with the assistance of Economic Development, to send an official correspondence from the City of Cambridge to all CPAs and tax preparation services in Cambridge, as verified by the IRS national database of electronic return originators, encouraging that the extra fee, if charged, for preparation of schedules that accompany a claim for the EITC be waived; and be it further
ORDERED: That the City Manager be and hereby is requested, with the assistance of Economic Development and the Cambridge Chamber of Commerce, develop and send an official correspondence from either the City of Cambridge or the Cambridge Chamber of Commerce to Cambridge employers promoting Advanced Earned Income Tax Credit to assist employees in obtaining a portion of their credit in advance of tax season, as well as the benefits it provides employers by increasing pay and promoting employee retention.

O-5.     December 9, 2002
VICE MAYOR DAVIS
WHEREAS: The City Council has established as a community value the unique character of our city; and
WHEREAS: The Cambridge Arts Council has undertaken a program to paint signal boxes, that normally would be canvasses for graffiti, with wonderful works of art; and
WHEREAS: This program shares our community value for the unique character of our city by removing/covering graffiti, discouraging further graffiti, and promoting the arts in Cambridge; now therefore be it
RESOLVED: That the City Council go on record thanking the Cambridge Arts Council for their work on this program; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Arts Council on behalf of the entire City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on expanding this program to include the signal boxes in and around the city’s squares.

O-6.     December 9, 2002
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to develop a plan for designing and installing "Welcome to Cambridge" signs, possibly through a competition open to the public.

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