RECONSIDERATION
1. Reconsideration filed by Councillor Kelley on Order No. 2 of Dec 15, 2008 requesting the Transportation, Traffic and Parking Committee be and hereby is requested to hold a meeting in January to try to determine whether the City should ask the State to eliminate or change the project planned at the junction of Massachusetts Avenue and Cedar Street, which order failed of adoption on a roll call vote 2-7-0. [Reconsideration fails on same 2-7-0 vote with Decker and Kelley voting YES.]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-143, regarding a report on landscaping plans for the CRLS renovations and on impacts to the tree in the area of the project, and Awaiting Report Item Number 08-145, regarding a report on the restoration of Joan Lorentz Park.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a FY09 Community Policing Grant from the Massachusetts Executive Office of Public Safety for $307,657.50 to the Grant Fund Police Salary and Wages account ($231,457.50), Other Ordinary Maintenance account ($22,860), Travel and Training account ($7,620) and Extraordinary Equipment account ($45,720) which will support community policing strategies by focusing on the dual goals of reducing crime and improving the quality of life for all citizens.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a FY09 Grant from the Governor’s Highway Safety Bureau in the amount of $39,000 to the Grant Fund Police Department Salary and Wages account ($30,000) and to Grant Fund Police Department Extraordinary Expenditures account ($9,000) and will be used to support the enforcement of the "Click It or Ticket", "You Drink & Drive You Lose" and "Drunk Driving. Over the Limit. Under Arrest" campaigns

4. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of Grant from the Governor’s Highway Safety Bureau in the amount of $54,423 to the Grant Fund Police Department Salary and Wages account. ($45,423) and to Grant Fund Police Department Extraordinary Expenditures account ($9,000) which will supports the enforcement of the "Click It or Ticket", "You Drink & Drive. You Lose" and "Drunk Driving. Over the Limit. Under Arrest" campaigns.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Safe and Drug Free School and Communities Act Grant from the Executive Office of Public Safety and Security through the US Department of Education for $70,000 to the Grant Fund Police Department Salary and Wages account ($18,000) and to Grant Fund Police Department Other Ordinary Maintenance account ($52,000) to support a Community Based Youth Diversion Program.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Child Passenger Safety Equipment Grant from the Governor’s Highway Safety Bureau and the Security’s Highway Safety Division in the amount of $20,000 to the Grant Fund Police Department Extraordinary Expenditures account to purchase child safety seats, traffic message board and a trailer to transport the message board to various sites.

7. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the FY09 Shannon Community Safety Initiative Grant received from the Metropolitan Area Planning Council through the Executive Office of Pubic Safety for $87,029.55 to the Grant Fund Human Service Department Salary and Wages account ($7,200.00), Grant Fund Human Service Department Other Ordinary Maintenance account ($25,800.00) and to the Police Department Salary and Wages account ($54,029.55) and will be used to support a violence prevention strategy through the Department of Human Services that engages teens in working with their peers and also provides training to community-based organizations working with young people as well as to support youth violence prevention and anti-gang initiatives by the Police Department by increasing Police visibility, building enforcement and intervention capacities and supporting gang interdiction activities.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation in the General Fund of $20,000 to the Office of Tourism from additional Hotel/Motel tax revenues to the Executive (Tourism) Other Ordinary Maintenance account to cover the cost to update and reprint the Cambridge Visitor Guide in FY2009.

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Fair Housing Assistance Grant from the U.S. Department of Housing and Urban Development (HUD) for $43,135 to the Grant Fund Human Rights Salary and Wages Account ($28,260), and Grant Fund Human Rights Travel and Training Account ($14,875) and will be used to cover a portion of the salary of an Attorney-Investigator, who works on cases from the Fair Housing Assistance Program (FHAP).

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-119, regarding a report on possible impacts of the new police detail regulations and on the City's reliance on detail work.  Charter Right - Kelley

Dec 22, 2008
To the Honorable, the City Council:

In response to Awaiting Report Item Number 08-119, regarding a report on possible impacts of the new police detail regulations and on the City's reliance on detail work, please be advised of the following:

After a review of the regulations and other statutes and rules involving public construction, including prevailing wages requirements, I determined that in many instances the cost to the City of using civilian flaggers for traffic control on construction projects would be close to the rates for using police officers on the same work. I determined that having police officers perform the work had advantages in terms of City supervision of the function and additional police presence and visibility on public streets, enhancing a variety of law enforcement functions.

In addition, I reviewed the existing City Ordinance on the subject (12.12.020-C) which I felt complicated and potentially restricted our flexibility going forward. In November we were presented with the opportunity to extend the current Police Officer and Police Superior Officer collective bargaining agreements on terms generally favorable to the City. With the full support and encouragement of Police Commissioner Haas, the City reached an agreement with both unions for contract extensions that clarify their right to continue to do traffic control details on city projects on City streets. Nothing in our agreement affects how traffic control is handled on state projects. I reached this agreement in the best interests of the City, the Police Department and its employees.

Very truly yours, Robert W. Healy, City Manager

ON THE TABLE
1. Opposition to the closing of the Oliver Farnum Senior Health Center. Placed on Table on motion of Councillor Maher on Order Number Fourteen of Nov 3, 2008.

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

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City's self-evaluation on the website. [Charter Right exercised by Councillor Kelley on City Manager Agenda Item Number Sixteen of Dec 10, 2007. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Kelley.]

APPLICATIONS AND PETITIONS
1. An application was received from Fallon Properties requesting permission for two awnings at the premises numbered 62 Walden Street. Approval has been received from Inspectional Services, Department of Public Works and the Community Development Department.

COMMUNICATIONS
1. A communication was received by Cathy Korsgren, 10 Hollis Street, regarding unnecessary and excessive outdoor lighting.  Referred to Health & Environment Committee

2. A communication was received from Department of Public Utilities transmitting hearings to be held on applications for new, amended or transfer of certificates, licenses or permits.

RESOLUTIONS
1. That the City Council supports justice for Leonard Peltier.   Councillor Seidel
Charter Right - Davis

2. Resolution on the death of Bernard A. "Gus" Flynn, Sr.   Councillor Maher, Councillor Toomey

3. Wishing Mr. and Mrs. Leroy Cragwell a Happy 50th Anniversary.   Mayor Simmons

4. Expressing heartfelt sadness at the losses of the Prince Street Fire.   Mayor Simmons

5. Resolution on the death of Thomas W. Almeida.   Councillor Toomey

6. Resolution on the death of Robert E. Burns.   Councillor Toomey

7. Best wishes to Kathy Reddick and the Cambridge Branch of the NAACP on their upcoming Martin Luther King breakfast at the Hyatt Regency Hotel on Jan 24, 2009.   Councillor Reeves

8. Happy Birthday to a very special Cantabrigian.   Councillor Maher
[This resolution seems to have vanished in the updated record of the meeting.]

8. Happy 1st Birthday wishes to Cameron and Declan Gibson.   Councillor Decker

9. Congratulations to the winners of the Cambridge Arts Council Poetry Quest and Scavenger Hunt.   Vice Mayor Murphy

10. Resolution on the death of John Deoliveira.   Councillor Toomey

11. Congratulations to North Cambridge Catholic High School on the Cristo Rey Network Schools event hosted by Cardinal Sean O'Malley, OFM.   Councillor Maher

ORDERS
1. That the City Manager to confer with the Community Development Department to report back on the feasibility of launching a campaign in Cambridge that specifically details traffic-calming and accident reduction measures in areas frequently used by senior pedestrians.   Mayor Simmons

2. That the City Manager have the appropriate City staff inform the property owner adjacent to the current bus stop about the City’s façade program, and to encourage the property owner to construct a façade with an awning that could provide shelter to those waiting for the MBTA Bus #77.   Mayor Simmons

3. That the City Manager have the appropriate City staff create celebratory venues where televised broadcasts of the Presidential Inauguration will take place, and that these venues will be both open to the public and city staff as they are able to participate in the midst of their school and work day.   Mayor Simmons

4. Opposition to the proposed toll hikes for the Massachusetts Turnpike and tunnels.   Councillor Decker

5. That the City Manager write a letter on behalf of the City Council opposing Channel 25's actions of switching from analog early.   Councillor Decker  amended

6. That the Cambridge City Council go on record urging the Massachusetts Congressional delegation to include funding for new green jobs programs in a comprehensive economy recovery act.   Councillor Davis

7. That the City Manager is requested to require the Cambridge Health Alliance to postpone any clinic closings for six months and further mandate and specify a process of city and community participation in an action plan, or the Cambridge Health Alliance will jeopardize renewal of their funding contract with the City of Cambridge.   Mayor Simmons, Councillor Decker  amended

8. That the City Manager is requested to investigate possible funding opportunities to deal with hoarding and to preserve housing and report back to the City Council.   Councillor Davis

9. That the City Manager is requested to review the Newton Hoarding Task Force model and make a recommendation to the City Council.   Councillor Davis

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a hearing on Nov 19, 2008 to amend the zoning in East Cambridge.

2. A communication was received by Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Health and Environment Committee, for a meeting on Dec 2, 2008 to discuss hoarding and related issues.

HEARING SCHEDULE
Mon, Dec 22
5:15pm   Special Presentation to thank all involved in the disaster relief effort for victims of the Prince Street fire.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Jan 6
4:30pm   The Ordinance Committee will conduct a public meeting to continue to discuss a petition to amend the zoning in the East Cambridge area filed by Alexandria Real Estate Equities.  (Sullivan Chamber)

Wed, Jan 7
5:30pm   The Government Operations and Rules Committee will conduct a public meeting to hear from the public regarding the evaluation of the City Manager.  (Sullivan Chamber)

Mon, Jan 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 13
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss opportunities to grow fresh fruits and vegetables in Cambridge.  (Sullivan Chamber)

Wed, Jan 14
6:00pm   Human Services Committee  (Broad Institute, 7 Cambridge Center)

Thurs, Jan 22
5:00pm   The Civic Unity Committee will conduct a public hearing to discuss the Homeland Security grant for installation of surveillance cameras and an opportunity to have a community discussion with city officials.  (Sullivan Chamber)

Mon, Jan 26
5:30pm   Roundtable Meeting on emergency preparedness. No public comment. No votes will be taken. Meeting not be televised.  (Sullivan Chamber)

Mon, Feb 2
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 3
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss the distribution of fresh fruits and vegetables.  (Sullivan Chamber)

Mon, Feb 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 23
5:30pm   Roundtable Meeting with NSTAR. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, Feb 24
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss outdoor lighting.  (Sullivan Chamber)

Mon, Mar 2
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 9
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Mar 23
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 30
5:30pm   Roundtable Meeting with School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

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

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

Mon, Apr 27
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 18
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 1
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 29
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Dec 22, 2008
MAYOR SIMMONS
WHEREAS: The Mayor of New York City has launched Safe Streets for Seniors, a campaign to reduce traffic fatalities among seniors in 25 neighborhoods across New York City; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department to report back on the feasibility of launching a similar campaign in Cambridge that specifically details traffic-calming and accident reduction measures in areas frequently used by senior pedestrians.

O-2     Dec 22, 2008
MAYOR SIMMONS
WHEREAS: Residents living at and near the Daniel F. Burns Apartments in North Cambridge have requested that a shelter be installed at the bus stop on Massachusetts Avenue where MBTA Bus #77 stops en route to Porter Square and Harvard Square, as there is already a shelter in place at a bus stop on the opposite side of the street that provides people with needed protection against the elements; and
WHEREAS: The City Council submitted an Order on Nov 17, 2008 instructing the City Manager to investigate the feasibility of erecting such a shelter. In response, Assistant City Manager for Community Development Beth Rubenstein reported that "…there would not be sufficient space to have an accessible pedestrian path upon this stretch of sidewalk with the installation of a standard size or narrower shelter;" and
WHEREAS: City Manager Robert W. Healy reported to the City Council during the meeting on Dec 15, 2008: "If additional roadway and sidewalk work are contemplated near 2518 Mass. Ave., a curb extension bus stop will be evaluated which would allow room for a bus shelter in the future. City staff will also contact the property owner adjacent to the current bus stop to inform them of the City’s façade program which could help fund an awning along the storefront which might provide some shelter; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have the appropriate City staff inform the property owner adjacent to the current bus stop about the City’s façade program, and to encourage the property owner to construct a façade with an awning that could provide shelter to those waiting for the MBTA Bus #77; and be it further
ORDERED: That the City Manager be and hereby is instructed to report back on any progress of this remedy being implemented.

O-3     Dec 22, 2008
MAYOR SIMMONS
WHEREAS: On Tues, Jan 20, 2009 this country will witness an historic moment as President-elect Obama is inaugurated; and
WHEREAS: This important event should be accessible to all who wish to come together in community settings and share in joyous celebration; and
WHEREAS: City staff and all who live or work throughout Cambridge should have access to this celebratory event which occurs during the middle of the work and school day; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have the appropriate City staff create celebratory venues where televised broadcasts of the Presidential Inauguration will take place, and that these venues will be both open to the public and city staff as they are able to participate in the midst of their school and work day.

O-4     Dec 22, 2008
COUNCILLOR DECKER
ORDERED: That the City Council go on record in opposition to the proposed toll hikes for the Massachusetts Turnpike and tunnels; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Legislative Delegation on behalf of the entire City Council.

O-5     Dec 22, 2008  amended
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to write a letter on behalf of the City Council opposing Channel 25's actions of switching from analog early; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-6     Dec 22, 2008
COUNCILLOR DAVIS
WHEREAS: The U.S. Congress is evaluating options for reinvigorating the struggling economy and programs to quickly stimulate new green jobs are among the options; and
WHEREAS: The priority green job programs for economic recovery legislation are:
  1. Energy Efficiency & Conservation Block Grants ($10 billion)
  2. Green Jobs Workforce Training Program ($625 million)
  3. Advanced Batteries ($1 billion)
  4. Weatherization Assistance Program ($1.5 billion)
  5. Clean Tech Manufacturing Incentives (loans); and
WHEREAS: These programs will invigorate the economy, create quality-green-collar jobs, increase our energy security, and play a critical role in our transition to a clean energy economy; now therefore be it
RESOLVED: That the Cambridge City Council go on record urging the Massachusetts Congressional delegation to include funding for these programs in a comprehensive economy recovery act; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to the members of the Massachusetts Congressional delegation on behalf of the entire City Council.

O-7     Dec 22, 2008  amended [approved 8-0-1 as amended, Councillor Murphy voted PRESENT]
MAYOR SIMMONS
COUNCILLOR DECKER
WHEREAS: The Cambridge Health Alliance is scheduled to close a number of clinics throughout Cambridge that will impact the delivery of essential healthcare to seniors, ethnic and racial minorities, youth, and the general population; and
WHEREAS: Community organizations and groups continue to step forward asking for more information, more input in the process, and a thoughtful plan of action that was mandated months ago; this would minimize a sudden void in healthcare services that is currently provided by the Cambridge Health Alliance to the constituents of Cambridge under contractual agreement; now therefore be it
ORDERED: That the City Manager be and hereby is requested to require the Cambridge Health Alliance to postpone any clinic closings for six months and further mandate and specify a process of city and community participation in an action plan, or the Cambridge Health Alliance will jeopardize renewal of their funding contract with the City of Cambridge.
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Health Alliance on the proposed closings of any clinics and further mandate and specify a process of city and community participation in an action plan.

O-8     Dec 22, 2008
COUNCILLOR DAVIS
WHEREAS: Hoarding affects individuals well being and endangers housing stock; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate possible funding opportunities to deal with hoarding and to preserve housing and report back to the City Council on this matter.

O-9     Dec 22, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to review the Newton Hoarding Task Force model and make a recommendation to the City Council.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee held a public hearing on Wed, Nov 19, 2008 beginning at five o’clock and sixteen minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a zoning petition re-filed by Alexandria Real Estate Equities to amend Sections 13.40 and 13.50 to create in East Cambridge a new PUD-3A district and a new PUD-4C and to remove a portion of PUD-4B the land which is made a part of the new PUD districts.

Present at the hearing were Vice Mayor Brian Murphy and Councillor David Maher, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Henrietta Davis; Councillor Timothy J. Toomey, Jr.; City Clerk D. Margaret Drury; and Lester Barber, Director of Zoning and Land Use, Community Development.

Councillor Maher convened the hearing and explained the purpose. He provided background information about the new petition (Attachment A), which is very similar to the petition which Alexandria Real Estate Equities filed earlier this year. That petition expired without any final action by the City Council and was re-filed (Alexandria II) Sept 22, 2008. Councillor Maher noted that the only difference between the original Alexandria petition and the Alexandria II petition is that the proposed large open space now encompasses the corner owned by Archstone because Archstone has joined as a petitioner, so the open space is the entire squared-off block.

Councillor Maher said that representatives of Alexandria, representatives from the East Cambridge Planning Team, he and Vice Mayor Murphy and planning staff from the Community Development Department (CDD) have been meeting as a steering committee to look at the issues presented by the proposal and whether it could fit within the East Cambridge community. The steering committee has been assisted in their work by David Dixon of Goody Clancy. Mr. Dixon was the consultant who worked with the East Cambridge Planning Study Committee on the rezoning of East Cambridge. In addition, a retail expert has been engaged to look at the retail mix issues. Councillor Maher said that the representatives from Goody Clancy and the retail experts have been working with the steering committee but more importantly they have been working directly with the East Cambridge Planning Team in an effort to gain input from the East Cambridge neighbors. The steering committee and community review has encompassed neighborhood character, the vitality of street life, open space, the building envelope, the mix of uses, noise issues and traffic issues.

Councillor Maher then invited the petitioners to present their petition. James Rafferty, attorney for Alexandria, said that representatives of Alexandria have had a series of meetings with the community and with Mr. Dixon and they are encouraged by their discussions and progress. He requested that the Committee incorporate the record of the prior Alexandria zoning petition into the record of these proceeding to avoid the need to waste paper on additional copies.

Mark Jaquith, Hurley Street, Chair of the East Cambridge Planning Team and member of the steering committee agreed with Mr. Rafferty that the committee is well on its way to coming to a proposal that everyone can accept. He said that this is a complicated proposal. There are many pieces that need to be considered. He has been pleased by the willingness of all on the committee to listen to each other and consider various alternatives.

Councillor Maher emphasized the importance of making sure that the zoning provides a clear set of standards encompassing all of the aspects of what the planning process has produced, so that no matter who the developer is, the agreed-upon requirements will govern the development. He added that the expectation is that the steering committee will report back to the Ordinance Committee by the end of the year.

Councillor Maher then invited public comment.

Maria Elena Saccocio, 55 Otis Street, stated that she is a lawyer with a science background. She requested that the Ordinance Committee get expert assistance on the biosafety issues. Ms. Saccocio also noted that there are serious questions about whether Alexandria will be able to carry out this development or will have to sell the property. She submitted printouts of two newspaper articles about Alexandria suspending plans for development of projects in California and difficulty of their finding tenants in a life sciences development in Chapel Hill, along with a transcript of a telephone review of Alexandria’s third quarter earnings (Attachment B)

Betty Lee Saccoccio, 55 Otis Street, stated that one of her major concerns is the safety of her elderly frail parent. There a re many elders in East Cambridge. Her main concerns are health and safety, the concerns of everyday working people.

Branca Whisnaut, 61 Otis Street, stated that she is an architect and she does not understand how Archstone can make open space from a parking lot required for their building. Her concern is process. At a meeting of the East Cambridge Planning Team, they took a straw vote, and everyone in the room was opposed to the Alexandria proposal. Then they specially recruited resident members of a special team and now these people are making decisions that are not in line with that straw vote.

Francis Antupit, 75 Cambridge Parkway, said that she has two questions. She asked whether it is true that level four biohazard labs cannot be built in the area. Her other question is when the light and shadow study for which she and others have been waiting will be produced. Councillor Maher responded that level four labs are prohibited in Cambridge and level three labs are highly regulated.

Tom Joyce, 183 Third Street, stated that he is a member of the negotiating committee. He was not "specially recruited." At a meeting of the Planning Team, there was a general invitation to anyone who was interested. He added that he wants to emphasize humanizing the development.

Nancy Stiening, 75 Cambridge Parkway, agreed with the testimony that the East Cambridge Planning Team voted on the proposal in July, and it was unanimously rejected.

Barry Zevin, 67 Hampshire Street, stated that he is still not convinced that the current proposal improves in any way the ECAPS study and zoning. Retail in all of Kendall Square, not just in the development area, needs support. The zoning change would also set a bad precedent.

Steve Kaiser, 191 Hamilton Street, said that he attended all of the ECAPS meetings and he thought the ECAPS proposal gave away too much. However, he is here to support ECAPS over the current proposal. He emphasized the difference between planning and zoning. He said that there is a need to proceed with the zoning proposal as best they can. He recommended a sunset provision that if the land is sold without having been developed it reverts back to the former zoning.

Paul Cote, 85 Sixth Street, spoke on the issue of noise. He said that many places in East Cambridge are already exceeding the City of Cambridge and EPA regulations. He suggested holding developers to a zero net increase standard in zones where the limits are already exceeded.

Richard McKinnon, 1 Leighton Street in Northpoint, stated that he represents Archstone. Archstone and Alexandria have reached agreement on a land sway that will give Alexandria the last piece of the rectangle of the park. Mr. McKinnon said that biotech is an industry that is very much at the center of Cambridge’s future economy. It puts the universities and industry together in a way that is very beneficial to this city. He submitted a memorandum with photographs of building developed by Alexandra and other life science companies (Attachment C).

Councillor Toomey asked about the parking on the Archstone lot that would become part of the park. Mr. McKinnon said that it will have to be replaced, and that may be part of the agreement with Alexandria.

Councillor Davis said that she has concerns similar to those of Mr. Joyce about Binney Street. It needs humanizing. She also said that she likes the idea of net zero noise increase. Councillor Davis said that she wants to be well informed about the details of what is being proposed and urged the co-chairs of the committee to build in enough time for councillors to be able to understand the proposal and get their questions and concerns addressed. Councillor Davis said that she wants to encourage continued work to create a ground-level community.

Councillor Seidel said that he too likes the net zero noise idea. He hopes there can be a bridge between ECAPS and the current proposal. It is important to leave a place that is alive and enjoyable to be in.

Councillor Toomey moved that the petition remain in committee. The motion passed on a voice vote without objection.

Vice Mayor Murphy and Councillor Maher thanked all those present for their participation. On motion of Councillor Toomey, the hearing was adjourned at 6:15pm.

For the Committee,
Vice Mayor Brian Murphy, Co-Chair
Councillor David Maher, Co-Chair

Committee Report #2
The Health and Environment Committee held a public meeting on Tues, Dec 2, 2008 at two o’clock and four minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss further exploration of hoarding and related issues.

Present at the meeting were Councillor Henrietta Davis, Chair of the Committee; Mayor E. Denise Simmons; Ranjit Singanayagam, Inspectional Services Commissioner; John Fallon, Health Inspector, Inspectional Services Department; Lisa Peterson, Public Works Commissioner; Ellen Semonoff, Assistant City Manager for Human Services; Eileen Ginnetty, Director, Council on Aging (COA); Susan Pacheco, Liz Seelman, COA; Len Thomas, director, Multiservice Center; Captain Gerard Mahoney, Fire Department; Kathy Murphy and Susan Kale, Katie Levesque and Evelyn Lugo-Kantor, Police Department; Marsha Lazar, Cambridge Health Alliance; Faith Marshall and Karen A. Jenner, Cambridge Housing Authority; Elaine DeRosa, CEOC; and Cheryl Ann Pizza-Zeoli, CEOC Board Member; Kristin Gross, Somerville, Cambridge Elder Services (SCES); Lisa Hartnett, CASCAP; Penny Peters, chambermaid for Councillor Davis; and Deputy City Clerk Donna P. Lopez.

Also present were Diana Lopez, 8 Field Street; Lorraine Fine, also known as "The Mess Fairy", J. David Naparstek and Bob DeLuca, Newton Health and Human Services Department, 1294 Centre Street, Newton, MA.

Councillor Davis opened the meeting and explained the purpose. Councillor Davis asked Mr. Naparstek to explain the Newton Hoarding Task Force to the committee.

Mr. Naparstek stated that Newton’s Task Force has a Hoarding Protocol which he distributed (ATTACHMENT A). The task force meets once a month and discusses forty cases. He introduced Mr. DeLuca, Housing Inspector for Newton. Mr. DeLuca receives the complaints. Funding is an issue. There is a one-time per household $3,000 emergency grant from the Newton Housing Rehab Funds that is used for cleaning. There is a proposal to allocate $50,000 HUD money for temporary housing during clean up, rehabilitation and monitoring. Long term support is provided; relapses do occur. Hoarders are usually female, live alone and single. Hoarding usually starts in teen years. Cases are reviewed monthly and a plan of action taken. Some hoarders cannot be helped and in these instances the cases are monitored. There is a misconception that an environmental health worker can enter a dwelling. The state department of public health rendered an opinion (ATTACHMENT B) which stated that an inspector cannot enter a dwelling unless invited in by a tenant or owner. The purpose of the Newton Task Force is to facilitate communication. He reported the cases in Newton as 6 cases in 2006; 10 in 2007 and 8 as of this date in 2008. Newton works with a professional organizer and coordinates and facilitates services.

Mr. DeLuca outlined the process. When a property is listed as unfit for habitation a public hearing is held. Clean up is done. Property is declared fit for habitation. In some instances, within six month the condition of the property reverts back to being unfit. When a hoarder is released from the hospital the situation is conveyed to a social worker in an effort to discourage discharge of the patient to an unfit situation. He listed all the agencies involved in the task force in Newton.

At this time Councillor Davis opened the meeting to public comment.

Ms. Lazar asked what percentages of the eight cases were emergency/non-emergency. Mr. DeLuca stated one-third were emergency cases.

Captain Mahoney asked what the protocol is when an occupant is removed. Mr. Naparstek stated that the Health Inspector cannot enter a house without being invited into the house; the department could get a warrant. Mr. DeLuca stated that a "plain view" inspection is done if the door is open. He cites what is seen without entering the premises. Sometimes relatives let the housing inspector into a dwelling. The situation is handled on a case-by-case basis. Property in Newton is mainly owner-occupied. Complaints are sent to tenants then to the home owner if it is a rental unit; to owner if owner-occupied home. Ms. Fine asked if a landlord can enter a tenant’s property. Mr. DeLuca stated that the state sanitary code allows entry only during an emergency. Ms. Semonoff commented that there are tenants in Cambridge. She spoke of funding for an owner who is a hoarder. Mr. Naparstek stated that owner occupants are more likely to get community development grants.

Councillor Davis asked if, in an emergency, the housing inspector gets the call or does the fire department call housing inspector. A fire report could lead to an inspection of the house stated Captain Mahoney. He stated that the fire prevention laws of the commonwealth stated that the fire department "owns" the building until building is turned back to the owner. Mr. Naparstek suggested getting an opinion from the city solicitor. The opinion is controversial because until recently entry into dwellings was done to help the occupant.

Ms. DeRosa stated that the hoarding situation escalates matters. What trumps the code violation or the disability? Mr. Naparstek stated that the Newton Task Force makes collaborative decisions; this is the beauty of the Newton approach. The Newton Task Force discusses each case and then decides the enforcement action. Ms. DeRosa asked if the hoarder is a tenant is the landlord at the table. Mr. DeLuca responded that if a tenant is cited for a sanitary code violation it is also sent to the landlord. If the cause of the violation is the fault of the tenant the action is against the tenant. Councillor Davis commented that the Newton approach has breathing space for resolution when a problem is noticed.

Mayor Simmons spoke of people downsizing. She urged support and respect for tenants and practitioners. She suggested having a workshop.

Ms. Pacheco asked where legal services fit in. Mr. DeLuca stated that the Newton Task Force does not usually include the legal department. Ms. Pacheco asked about confidentiality at the Newton Task Force. Mr. DeLuca responded that cases are discussed by address only. Mr. Naparstek commented that the housing inspector records are public records. Ms. Semonoff asked how information is shared if a social worker is involved with an individual. Mr. DeLuca stated that social workers and nurses do home visits and state conditions. The information is not released. Mr. Naparstek stated that medical information is not discussed. Monitoring is done by protective services and is a challenge. Agencies were often working on the same case and there was no communication between agencies.

Councillor Davis asked what the therapeutic response in Newton is. Mr. Naparstek stated that there is no long term following up. This is an issue.

How does the house get cleaned up asked Councillor Davis? Funding, based on income and elderly status, is provided by the Newton Housing Rehab Funds NHRF. This is a one-time non-repayment of $3,000 in emergency funding. Ms. Semonoff stated that Cambridge has a total of $5,000 from CDD block grant funds for all cases. These funds are used quickly. Public Works often helps with the disposal. Councillor Davis stated that this is a housing issue and CDD should be included in this meeting. Ms. Semonoff stated that housing funds are available to the owner.

Mr. DeLuca informed the committee of a court ordered housing unit clean up. The unit was monitored monthly. Each month a clean-up project was given to the tenant and this process was successful. If an imminent threat exists a dumpster is used. But if the clean-up involves personal possessions it is done slower. Clean up is only part of the problem. All sanitary conditions need to be corrected as well as electrical problems.

Ms. Gross stated that SCES is seeing more protective service cases. Elder care can pay for clean-up but does not have the time for the therapeutic care. While investigations are done the problem is maintenance and monitoring. Councillor Davis stated that self-neglect cases should be reported to SCES for funding.

Ms. Jenner spoke of the problem from the Cambridge Housing Authority’s perspective. If a housing unit is not up to the CHA standard it is viewed as a lease violation. A five-day notice is issued. The tenant must meet the housing development manager. The CHA can force a tenant to be monitored. There are four CHA cases.

Ms. Fine informed the committee of the following resource: Clutter Hoarding Scale can be viewed on the website of the National Study Group on Chronic Disorganization (ww.nsgcd.org).

Ms. Ginnetty asked if there are repeat offenders in Newton. Mr. DeLuca stated that the cases mentioned were new cases; however prior cases are discussed for monitoring. More than one clean-up vendor is used stated Mr. DeLuca in response to a question by Ms. Ginnetty. Ms. Ginnetty asked if the $3,000 grant is per person. Per household stated Mr. DeLuca. Ms. Jenner stated that the CHA eviction charges are based on per bedroom size to empty.

Ms. Seelman stated that her major concern is funding. The $5,000 grant is not enough. Ms. Semonoff stated that the HUD funding is from general housing funds. Large landlords are eligible for CDBG funds; tenants use CDD block grant funds. Mr. DeLuca stated that eligibility requirement for the NHRF grant is that a person must be elderly or disabled and unable to clean-up themselves. Mr. Naparstek stated that the he would supply more information on the NHRF.

Captain Mahoney stated that hoarders endanger the housing stock. At least one recent house fire was exacerbated by the possessions of a person who was hoarding.

At this time Councillor Davis made the following motions:
WHEREAS: Hoarding affects individuals well being and endangers housing stock; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate possible funding opportunities to deal with hoarding and to preserve housing and report back to the City Council on this matter.

The motion – Carried

ORDERED: That the City Manager be and hereby is requested to review the Newton Hoarding Task Force model and make a recommendation to the City Council.

The motion – Carried.

Ms. Marshall spoke of a bed bug infestation due to hoarding in CHA units. This impacts other residents and the cost of rectifying the situation is high.

Ms. Pizza-Zeoli suggested including a tenant representative on the task force. Ms. DeRosa stated that each representative has a different perspective. The importance of the task force should be discussed.

Mr. Fallon suggested to Mr. DeLuca placing a lien on property in Newton for the clean-up cost.

Councillor Davis thanked those present for their attendance.

The meeting adjourned at three o’clock and thirty minutes p. m.

For the Committee,
Councillor Henrietta Davis, Chair

AWAITING REPORT LIST
08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-65. Report from the City Manager:
RE: report on changes to the intersection of River Street and Mass Avenue to allow more pedestrian crossing time before vehicles are allowed to turn.
Mayor Simmons and Full Membership 04/28/08 (O-15)

08-79. Report from the City Manager:
RE: report on how local construction lighting could be limited to the minimum necessary for safety.
Councillor Davis and Full Membership 06/02/08 (O-2)

08-101. Report from the City Manager:
RE: report on working with Boston to create a policy to keep truck traffic to a minimum within the City.
Councillor Toomey and Full Membership 07/28/08 (O-25)

08-105. Report from the City Manager:
RE: report on the possibility of using the parcel on Binney and Fulkerson Streets for a dedicated dog park.
Councillor Toomey, Vice Mayor Murphy & Mayor Simmons 07/28/08 (O-40)

08-107. Report from the City Manager:
RE: report on ensuring that the responsibility of the developers for a safe crossing will be upheld by the MBTA and that plans will coincide with the vision of future development.
Councillor Toomey and Full Membership 09/08/08 (O-5)

08-108. Report from the City Manager:
RE: report on the position the City can take on altering the NorthPoint special permit now that the land swap is no longer necessary.
Councillor Toomey and Full Membership 09/08/08 (O-7)

08-109. Report from the City Manager:
RE: report on the progress of addressing rodent complaints and whether the number of complaints has increased or decreased.
Councillor Toomey and Full Membership 09/08/08 (O-8)

08-114. Report from the City Manager:
RE: report on examining options to make the parking lot and abutting sidewalk located along Linnaean Street at the corner of Mass. Avenue a safer place for non-vehicular traffic.
Councillor Seidel 09/08/08 (O-22)

08-119. Report from the City Manager:  See Mgr #10
RE: report on possible impacts of the new police detail regulations and on the City's reliance on detail work.
Councillor Kelley, Councillor Davis, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 09/22/08 (O-6)

08-121. Report from the City Manager:
RE: report on whether the new Berkeley, California program to give city-backed loans to property owners who install rooftop solar-power systems is applicable to Cambridge.
Councillor Seidel, Councillor Kelley and Full Membership 09/22/08 (O-16)

08-133. Report from the City Manager:
RE: report on whether there has been an increase of arrests of homeless persons or people in need of services in Central Square.
Councillor Reeves, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel, Mayor Simmons & Councillor Toomey 10/20/08 (O-14)

08-139. Report from the City Manager:
RE: report on the fiscal lessons from the budgets in the wake of the last recessions and implications for the next few budgets in Cambridge.
Vice Mayor Murphy, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 11/03/08 (O-11)

08-140. Report from the City Manager:
RE: report on the ownership of Fifth Street between Bent & Binney Streets and the ownership of Rogers Street from Fulkerson to Third Streets and ensure maintenance of these roadways.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-1)

08-141. Report from the City Manager:
RE: report on the possibility of awarding points to affordable housing applicants based on the number of times they've applied.
Councillor Toomey, Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 11/17/08 (O-5)

08-143. Report from the City Manager:
RE: report on landscaping plans for the CRLS project and on the impact to trees in the area of the project.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Councillor Toomey 11/17/08 (O-10)

08-144. Report from the City Manager:
RE: report on ensuring that all playgrounds adjacent to schools are in good, safe, working order on Monday mornings when children return to school.
Councillor Seidel and Full Membership 11/24/08 (O-1)

08-145. Report from the City Manager:  See Mgr #1
RE: report on restoration of Joan Lorentz Park.
Councillor Davis 11/24/08 (O-9)

08-148. Report from the City Manager:
RE: report on appointing a public housing or Section 8 tenant to fill the existing vacancy on the Cambridge Housing Authority Board of Commissioners.
Councillor Decker and Full Membership 12/08/08 (O-2)

08-149. Report from the City Manager:
RE: report on a review of Article XXIV Special District Parking Regulation and on proposed remedies to residents' concerns who live in Harvard University dormitories and housing developments constructed after Oct 27, 2003.
Mayor Simmons and Full Membership 12/08/08 (O-8)

08-150. Report from the City Manager:
RE: report on how many businesses similar to Biogen have relocated some or all of their personnel from Cambridge-based offices, whether there is an indication that others will be leaving, and what the strategies are to keep businesses in Cambridge.
Mayor Simmons and Full Membership 12/08/08 (O-9)

08-151. Report from the City Manager:
RE: report on status of pedestrian access in and around Russell Field.
Councillor Kelley and Full Membership 12/08/08 (O-10)

08-152. Report from the City Manager:
RE: report on the status of establishing a Walden Street Cattle Pass observation point.
Councillor Decker and Full Membership 12/15/08 (O-1)

08-153. Report from the City Manager:
RE: report on security cameras installed in Cambridge by the U.S. Dept. of Homeland Security.
Councillor Seidel and Full Membership 12/15/08 (O-4)

08-154. Report from the City Manager:
RE: report on whether the fire hydrants closest to 72-74 Lexington Avenue were functioning properly during the recent fire.
Councillor Decker 12/15/08 (O-12)