Cambridge City Council meeting - June 29, 2009 - AGENDA
[Mayor Simmons and Councillor Kelley were ABSENT.]

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable Without Power for a term of three years, effective the first day of January, 2009:  Lisa Fiori

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-68, regarding a report on the parking conditions on North Massachusetts Avenue.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-59, regarding a report on placing signage in crosswalks at intersections on Cambridge Street in East Cambridge.

4. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on Vehicle-sharing Parking Facilities Petition.
Referred to the Petition.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-71, regarding a report on whether there was any improper asbestos removal at the Just A Start property at 1066 Cambridge Street.

6. Transmitting communication from Robert W. Healy, City Manager, relative to a City Council Order and Home Rule Petition to be submitted to the State Legislature.
Adopted 7-2-0 (Simmons, Kelley ABSENT)

City Manager Order #6A
WHEREAS: The United States is facing an energy crisis that requires a substantial reduction in energy use and an increase in energy efficiency and clean energy to strengthen national energy independence; and
WHEREAS: The City of Cambridge is committed to reducing its greenhouse gas emissions levels and developing broad energy efficiency and clean energy policies for its citizens and businesses; and
WHEREAS: In 2002 the City of Cambridge adopted a Climate Protection Plan, which, among other objectives, sets forth a goal of reducing the City's greenhouse gas emissions by twenty percent below the 1990 levels by the year 2010; and
WHEREAS: The City of Cambridge recognizes that this goal requires addressing energy consumption in existing buildings, including municipal buildings, in addition to encouraging clean technology and more efficient energy consumption behaviors; and
WHEREAS: In 2007 the City of Cambridge, through its Cambridge Public Health Commission, co-founded the Cambridge Energy Alliance, a not-for-profit corporation controlled by such commission, to advance clean energy programs in the City, including facilitating energy efficiency improvements in existing homes, businesses, institutions and municipal buildings, and to access energy-efficiency credits to facilitate such improvements; and
WHEREAS: The forward-capacity energy market creates capital incentives to immediately reduce electricity demand in existing buildings by creating a market for electricity demand reductions; and
WHEREAS: The City of Cambridge desires to access the electricity forward-capacity market to obtain credits to help fund energy-savings improvements in its municipal buildings; and
WHEREAS: The deferred operation of this Act would tend to defeat its purpose, which is forthwith to permit the City of Cambridge to engage in the electricity forward-capacity market and reduce greenhouse gas emissions, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience, now therefore be it
ORDERED: That a petition to the General Court, accompanied by a bill for a special law relating to the City of Cambridge to be filed with an attested copy of this order be, and hereby is, approved under Clause 1 of Section 8 of Article II, as amended, of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted fundamentally as follows:

IN THE YEAR TWO THOUSAND AND NINE
AN ACT RELATIVE TO THE PROVISION OF SERVICES TO THE CITY OF
CAMBRIDGE BY THE CAMBRIDGE ENERGY ALLIANCE

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. As used in this act, the following words shall have the following meanings:

"City", the City of Cambridge.

"Corporation", the Cambridge Energy Alliance, a not-for-profit corporation incorporated under chapter 180 of the General Laws and created and controlled by the Cambridge Public Health Commission.

"Commission", the Cambridge Public Health Commission established pursuant to chapter 147 of the acts of 1996.

"Department", the Department of Energy Resources.

"Energy conservation projects", as defined in chapter 25A of the General Laws.

"Energy management services", as defined in chapter 25A of the General Laws.

"Municipal Buildings", buildings and structures owned or operated by the City or any department thereof, or by the Cambridge Public Health Commission.

"Municipal Energy Advisory Services", one or more of the following services: (i) providing access to the forward-capacity energy market and similar programs to realize the benefits of the City's conservation and clean energy efforts, (ii) providing advice and assistance in evaluating and documenting measures to reduce energy and water consumption in Municipal Buildings, including performing energy audits, monitoring energy and water consumption in Municipal Buildings, and optimizing operating procedures of Municipal Buildings and installations therein for the purpose of reducing, measuring or controlling energy or water consumption, (iii) providing advice and assistance to the City in its procurement and administration of energy management services, and (iv) providing advice and assistance in identifying, obtaining and administering grants or other funding sources or financing programs for clean energy and energy and water conservation in the City. The term Municipal Energy Advisory Services shall also include providing energy management services to the City, including design services, but shall not include the actual installation or construction of energy conservation projects in Municipal Buildings.

SECTION 2. Notwithstanding the provisions of chapter 25A, chapter 30B and any other general or special law relative to public procurement processes to the contrary, the City is hereby authorized to enter into an agreement, or a series of agreements, with the Corporation for the provision of Municipal Energy Advisory Services for a maximum contract term in accordance with section six of this Act. Payments under an agreement for the provision of such services may be based in whole or in part on any revenues gained due to energy or water conservation or demand reduction measures undertaken with respect to Municipal Buildings for which advisory services were performed by the Corporation.

SECTION 3. The City will provide to the Department and the Office of the Inspector General, within ninety (90) calendar days of the close of each applicable fiscal year, a report detailing any agreements the City has entered into with the Corporation for the provision of Municipal Energy Advisory Services, which report shall include without limitation: a detailed schedule of services provided to the City and the compensation payable to the Corporation for such services; and a certification from the Chief Executive Officer or Treasurer of the Corporation that the entirety of the revenues and/or carbon credits or similar benefits received on account of Municipal Energy Advisory Services provided to the City in excess of the costs necessary to provide such Municipal Energy Advisory Services, including staff and administrative costs, has been paid or set aside by the Corporation for one or more of the following purposes: (i) undertaking conservation education for residents and/or businesses in the City, (ii) promoting energy and water conservation within the City, and/or (iii) subsidizing energy audits, energy conservation measures or energy conservation projects in low-income residences in the City or in Municipal Buildings.

SECTION 4. In the event that any agreement between the City and the Corporation for the provision of Municipal Energy Advisory Services provides for revenues to be paid to the City, including the proceeds of any forward-capacity energy market credits, the City may establish a revolving fund and may deposit such revenues into such revolving fund. Monies held in this revolving fund may be expended for the purpose of (a) paying for Municipal Energy Advisory Services, (b) paying the costs of Energy conservation projects or debt service payments for Energy conservation projects financed with municipal obligations, or (c) reinvesting a portion of such revenues into conservation and clean energy programs in the City, including outreach services, technical assistance and direct incentives.

SECTION 5. If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.

SECTION 6. The provisions of this Act shall expire ten years following the date of its passage unless reenacted by the Legislature. The expiration of this Act shall not affect the validity of any contract executed pursuant to this Act prior to such expiration, and all provisions of this Act shall continue to apply to said contracts for the remainder of the term of said contracts.

SECTION 7. The provisions of this Act shall be effective immediately upon passage.

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.]

2. That the City Manager is requested to make available adequate funds to the City Council so that the City Council can hire its own legal expert to review relevant issues in pending litigation. [Tabled on motion of Councillor Davis Order Number Two of May 18, 2009 together with motion to amend by substitution submitted by Councillor Toomey. On June 15, 2009 motion of Councillor Kelley to take from the table failed on a roll call vote of 4-4-1. Councillor Decker made a motion to suspension of the rules to reconsider the vote that failed to take from the table. Suspension of the rules failed on a roll call vote of 3-4-1-1.]

UNFINISHED BUSINESS
3. 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.]

4. 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 Gallery 263, requesting a sign at the premises numbered 263 Pearl Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

2. An application was received from Phoenix Landing, requesting permission for a sandwich board sign in front of 512 Massachusetts Avenue.

3. An application was received from Lauren Harder, requesting a curb cut at the premises numbered 9 St. Mary Road; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Approval has been received from the neighborhood association.

4. An application was received from Jane Campbell, requesting a curb cut at the premises numbered 65 Jay Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association.

5. An application was received from Theodore R. Live, requesting to widen an existing curb cut at the premises numbered 17 Wendell Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. The neighborhood association has no objections as long as the neighbors and abutter approve it.

6. An application was received from Bevil Conway, requesting to widen an existing curb cut at the premises numbered 85 Inman Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association.

RESOLUTIONS
1. Speedy recovery wishes to Ted Coffman.   Councillor Toomey

2. Resolution on the death of Specialist Chancellor A. Keesling.   Councillor Decker
3. Resolution on the death of Captain Kafele H. Sims.   Councillor Decker
4. Resolution on the death of Sergeant Joshua W. Soto.   Councillor Decker

5. Welcome to the Cambridge-Bethlehem People to People Project and Friends of Al-Rowwad troupe as they perform at the Central Square Theater on Fri, July 17, 2009.   Councillor Decker

6. Best wishes to Erin Pidot as she leaves her position at the Multi-Service Center.   Councillor Decker

7. Best wishes to Mark Fopeano as he leaves his position at the Multi-Service Center.   Councillor Decker


8. That the City Council go on record congratulating Joie de Vivre on celebrating their 25th Anniversary.   Councillor Toomey

9. Resolution on the death of Edith Elder.   Mayor Simmons

10. Resolution on the retirement of Dennis Dottin from Cambridge Hospital.   Mayor Simmons

11. Resolution on the retirement of Kathryn Babel from Cambridge Hospital.   Mayor Simmons

12. Resolution on the retirement of Eleofina Andujar from Cambridge Hospital.   Mayor Simmons

13. Resolution on the retirement of Mary Ellen Campbell from Cambridge Hospital.   Mayor Simmons

14. Resolution on the retirement of Dorothy Tekula from Cambridge Hospital.   Mayor Simmons

15. Resolution on the retirement of Domingos Lopes from Cambridge Hospital.   Mayor Simmons

16. Resolution on the retirement of Arlette Fiorenza from Cambridge Hospital.   Mayor Simmons

17. Resolution on the retirement of Tom Workman from Cambridge Hospital.   Mayor Simmons

18. Resolution on the retirement of Gertrude Dufresne from Cambridge Hospital.   Mayor Simmons

19. Resolution on the death of Miquette De Sousa.   Councillor Toomey

20. Resolution on the death of Paul Santasky.   Councillor Toomey

21. That the City Council go on record congratulating Sara Morgan on receiving The Lagrant Foundation award.   Mayor Simmons

22. That the City Council go on record expressing its condolences to Stephen Driscoll and the rest of the Driscoll family on the death of Sarah Driscoll.   Mayor Simmons

23. Resolution on the death of Harold Flemming.   Councillor Toomey


ORDERS
1. That the City Manager is requested to direct the relevant City departments to review the City's policies on sidewalk cafes and, in particular, to review the sidewalk area in front of Christopher's Restaurant & Bar to ensure that both the outdoor seating and pedestrians can be adequately accommodated.   Councillor Kelley

2. That the City Council go on record requesting that the Joint Committee on Telecommunications, Utilities, and Energy maintain the existing State laws governing cable licensing, which adequately protect cities and towns, residents of the Commonwealth by defeating House Bill No.3765 and Senate Bill No.1531, An Act Promoting Consumer Choice and Competition.   Councillor Davis

3. That the issue of Cambridge's formally adopting a proposed "Treaty of Respect" concerning Native Americans be referred to the Civic Unity Committee.   Councillor Kelley

4. That the City Manager is requested to confer with the DCR and relevant City staff to ensure that the DCR and City pools in Cambridge have adequate security, be it Cambridge Police Department staff, State Police officers, Department of Human Services staff or any other relevant personnel to maintain a suitable level of safety and comfort at and around DCR and city-owned pools.   Councillor Kelley and Vice Mayor Seidel

5. That the City Manager is requested to update the City Council on the status of the building located at 93 Kirkland Street.   Vice Mayor Seidel

6. That the City Manager is requested to confer with the appropriate City Departments and the Department of Conservation and Recreation (DCR) and report back to the City Council in a timely manner regarding the activity of persons in and around the Larz Anderson Memorial Bridge.   Vice Mayor Seidel

7. That the City Manager is requested to confer with the Police Commissioner to increase enforcement of motor vehicle laws to prohibit travel by inappropriate motorized vehicles in bicycle lanes or to the right of traffic.   Councillor Kelley


8. That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 29, 2009 Claims Committee in the total sum of $2,064.85.   Councillor Toomey

9. The City Manager is requested to provide to the City Council a weekly update summary of all the coordinated city efforts to reduce crime across the city, create safer neighborhoods, and engage residents in community building.   Councillor Decker

10. That the City Manager is requested to report back to the City Council no later than the July 27, 2009 summer meeting of the City Council regarding the rumored takeover of Youville Hospital by Partners Healthcare.   Vice Mayor Seidel

11. That the City Manager is requested to contact the Massachusetts Department of Conservation and Recreation (DCR) regarding the possibility of having McCrehan Pool stay open until Labor Day, Monday, September 7, 2009.   Vice Mayor Seidel, Mayor Simmons

12. That the City Manager is requested to confer with the Inspectional Services Department regarding the three unit development at the corner of Sherman and Winslow Streets.   Councillor Maher

13. That the City Manager is requested to confer with the Director of Traffic, Parking, and Transportation to discuss the reinstallation of the crosswalk at this intersection to improve access to the park.   Councillor Toomey


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on June 23, 2009 to consider claims filed against the City.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Public Facilities, Art and Celebrations Committee, for a meeting held on June 10, 2009 to discuss defining what is public art, how public art projects, artists and art work is chosen and how to get more community input involved in the process.

HEARING SCHEDULE
Mon, June 29
5:00pm   Special Presentation honoring Jean-Dany Joachim, Cambridge Poet Populist for 2009-2010.  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, June 30
4:00pm   The Ordinance Committee will conduct a public hearing on a zoning petition filed by the City Council to amend the Zoning Ordinance to provide for Wind Turbine Installation subject to certain requirements and limitations. This hearing to be televised.  (Sullivan Chamber)
5:00pm   The Ordinance Committee will conduct a public hearing to amendment Chapter 8.24 of the Cambridge Municipal Code "Refuse and Litter" as well as a new proposed ordinance Chapter 8.25 "Dumpster Licenses."  (Sullivan Chamber)

Wed, July 1
5:00pm   The Civic Unity Committee will conduct an informal public meeting for an informal discussion among individuals and organizations working on energy conservation and climate protection and youth organizations in Cambridge on how to better engage youth in action and education to bring about environmental action and awareness in their communities.  (Sullivan Chamber)

Thurs, July 2
3:00pm   The Ordinance Committee will conduct a public hearing to consider a zoning petition filed by Jean Connor et al., to amend the Zoning Map from its current designation as a Residence C-1 to a Residence B District encompassing all or portions of lots on Assessors Plats #205, #206 and #228 including but not limited to those abutting Garden, Winslow, Fenno, Stearns, Esten, Sherman Streets and Upland Road. This hearing to be televised.  (Sullivan Chamber)

Thurs, July 9
3:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss neighborhood rents for retail space.  (Sullivan Chamber)

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

Tues, July 28
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss the State's Stretch Energy Code.  (Ackermann Room)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Tues, Sept 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Sept 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Sept 21
5:00pm   Special Presentation  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Oct 6
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Oct 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Oct 20
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Oct 26
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Tues, Nov 3
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Nov 17
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Dec 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Dec 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Dec 21
5:30pm   City Council Meeting  (Sullivan Chamber)

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

TEXT OF ORDERS
O-1     June 29, 2009
COUNCILLOR KELLEY
WHEREAS: Sidewalk cafes play an important part in adding to the vitality of Cambridge's commercial districts and streetscapes; and
WHEREAS: Passable sidewalks are crucial for pedestrian safety and comfort; and
WHEREAS: Overly expansive sidewalk cafes can make pedestrian travel more difficult by narrowing the passable sidewalk; and
WHEREAS: There have been some complaints that the sidewalk cafe in front of Christopher's Restaurant & Bar takes up too much of the sidewalk and makes it more difficult for pedestrians to use it; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the relevant City departments to review the City's policies on sidewalk cafes and, in particular, to review the sidewalk area in front of Christopher's Restaurant & Bar to ensure that both the outdoor seating and pedestrians can be adequately accommodated and report back to the City Council on this issue.

O-2     June 29, 2009
COUNCILLOR DAVIS
WHEREAS: House Bill No.3765 and Senate Bill No.1531, An Act Promoting Consumer Choice and Competition, have been filed on behalf of Verizon and will be the subject of a hearing before the Joint Telecommunications Committee on July 22; and
WHEREAS: These bills would limit the negotiation period for cable licensing to 90 days which is much too short given the complexity of the process, and the time limitation would essentially sidestep the community process which would result in a benefit only for Verizon to the detriment of consumers and local governments; now therefore be it
RESOLVED: That the City Council go on record requesting that the Joint Committee on Telecommunications, Utilities, and Energy maintain the existing State laws governing cable licensing, which adequately protect cities and towns, residents of the Commonwealth, and video service providers; and be it further; and be it further
RESOLVED: That the City Council go on record urging the members of the Cambridge legislative delegation to defeat the final bill; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward copies of this resolution to Representative Barry Feingold and Senator Michael Morrissey, Chairs of the Joint Committee on Telecommunications, Utilities and Energy, as well as the Cambridge Legislative Delegation on behalf of the City Council.

O-3     June 29, 2009
COUNCILLOR KELLEY
ORDERED: That the issue of Cambridge's formally adopting a proposed "Treaty of Respect" concerning Native Americans be referred to the Civic Unity Committee.

O-4     June 29, 2009
COUNCILLOR KELLEY
VICE MAYOR SEIDEL
WHEREAS: Recent violence in Cambridge has raised concerns that the City might face increased violence during the summer; and
WHEREAS: The City's pools, both Department of Conservation and Recreation (DCR) and City-owned, offer great opportunities for residents and non-residents to relax during the hot summer months; and
WHEREAS: The large numbers of people who use these pools may reflect the ongoing tensions and violence in the greater community; and
WHEREAS: Any acts of violence at these popular and often crowded pools could be disastrous; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the DCR and relevant City staff to ensure that the DCR and City pools in Cambridge have adequate security, be it Cambridge Police Department staff, State Police officers, Department of Human Services staff or any other relevant personnel to maintain a suitable level of safety and comfort at and around the pools.

O-5     June 29, 2009
VICE MAYOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to update the City Council on the status of the building located at 93 Kirkland Street.

O-6     June 29, 2009
VICE MAYOR SEIDEL
WHEREAS: There has been recent complaints about persons congregating and setting up temporary residence under Larz Anderson Memorial Bridge, generating and disposing of trash irresponsibly and engaging in threatening and possibly illegal behaviors; and
WHEREAS: This activity has increased to the point where residents do not feel safe when walking, bicycling or rowing on and along Memorial Drive and the Charles River near the bridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City Departments and the Department of Conservation and Recreation (DCR) and report back to the City Council in a timely manner regarding the activity of persons in and around the Larz Anderson Memorial Bridge.

O-7     June 29, 2009
COUNCILLOR KELLEY
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner to increase enforcement of motor vehicle laws to prohibit travel by inappropriate motorized vehicles in bicycle lanes or to the right of traffic.


O-8     June 29, 2009
COUNCILLOR TOOMEY
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 29, 2009 Claims Committee in the total sum of $2,064.85.

O-9     June 29, 2009
COUNCILLOR DECKER
ORDERED: The City Manager be and hereby is requested to provide to the City Council a weekly update summary of all the coordinated city efforts to reduce crime across the city, create safer neighborhoods, and engage residents in community building; 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-10     June 29, 2009
VICE MAYOR SEIDEL
ORDERED: That the City Manager be and hereby is requested to report back to the City Council no later than the July 27, 2009 summer meeting of the City Council regarding the rumored takeover of Youville Hospital by Partners Healthcare; and be it further
ORDERED: That the City Manager be and hereby is requested to report on what impact this may have on health care delivery in the City of Cambridge, and be it further
ORDERED: That the City Manager be and hereby is requested to report on what implications this may have for development impacts along the Cambridge Street corridor, on the Youville campus, and in the surrounding neighborhoods.

O-11     June 29, 2009
VICE MAYOR SEIDEL
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to contact the Massachusetts Department of Conservation and Recreation (DCR) regarding the possibility of having McCrehan Pool stay open until Labor Day, Monday, September 7, 2009, and be it further
ORDERED: That the City Manager be and hereby is requested to report back to this City Council on this matter.

O-12     June 29, 2009
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to confer with the Inspectional Services Department regarding the three unit development at the corner of Sherman and Winslow Streets; and be it further
ORDERED: That the City Manager be and hereby request that the Inspectional Services Department report back as to just how these units were able to be built on such a tight lot.

O-13     June 29, 2009
COUNCILLOR TOOMEY
WHEREAS: A crosswalk was previously removed from the intersection of Broadway and Tremont Street; and
WHEREAS: This crosswalk was frequently used by local day care groups to access Sennott Park; and
WHEREAS: This crosswalk provided safe mid-block access to Sennott Park; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking, and Transportation to discuss the reinstallation of the crosswalk at this intersection to improve access to the park.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Claims Committee held a public meeting on Tues, June 23, 2009 at five o'clock and forty minutes p.m. in the Ackermann Room.

The purpose of the meeting was to consider claims filed against the City.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee, Councillor David P. Maher, Councillor Larry W. Ward, Assistant City Solicitor Vali Buland and Deputy City Clerk Donna P. Lopez.

Councillor Toomey opened the meeting and explained the purpose. Thereupon the committee moved to the consideration of the following claims:

Claimant Nature of Claim Award
Peter Glynn, 23A Kelly Road, Cambridge, MA 02139 Vehicle was struck by a DPW truck on Howard Street, Cambridge, MA. Approved
Shelagh Foreman, 77 Pearl Street, Cambridge, MA 02139 Vehicle was towed while parked on Pearl Street, Cambridge, MA. Approved
Mary Daniels, 237 Franklin Street #17H, Cambridge, MA 02139 Claimant fell at the intersection of Green and Magazine Streets, Cambridge, MA. Approved
Gerald Cahill, Jr., 65 Magazine Street #2, Cambridge, MA 02139 Vehicle was struck by a  DPW truck at Upton and Magazine Streets, Cambridge, MA. Approved
Tung Pham, 19 Gold Star Road, Cambridge, MA 02140 Vehicle was struck by a Fire Truck while parked on Gold Star Road, Cambridge, MA. Approved
Paul Gallagher, 51 Thaxter Road, Newton, MA 02460 Vehicle was struck by a snow plow while parked in municipal  lot on Pleasant Street, Cambridge, MA. Approved
Mary L. Ferraro, 70 Reed Street, Cambridge, MA 02140 Claimant's fence was damaged due to a garbage truck which backed into it on Reed Street, Cambridge, MA. Approved

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at six o'clock and two minutes p. m.

For the Committee,
Councillor Timothy J. Toomey, Chair

ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of June 29, 2009 Claims Committee in the total sum of $2,064.85.


Committee Report #2
The Public Facilities, Art and Celebrations Committee held a public meeting on Wed, June 10, 2009 at five o'clock and two minutes p.m. in the Anastos Room.

The purpose of the meeting was to discuss defining what is public art, how public art projects, artists and art work is chosen and how to get more community input involved in the process.

Present at the meeting were Councillor Marjorie Decker, Chair; Councillor Henrietta Davis; Councillor Larry Ward; Richard Rossi, Deputy City Manager; Jason Weeks, Executive Director, Cambridge Arts Council; Lillian Hsu, Cambridge Arts Council; Omar Bandar, manservant to Councillor Decker; and Deputy City Clerk Donna P. Lopez.

Also present were Gregory Williams and Mags Harries, Public Art Commission; Jose Mateo and Charles Norris, Arts Council Advisory Board; Michael Kenney, Cambridgeport History Project; Chris Connaire, CSBA; Nancy Seymour, Artist and Peace and Justice Activist; Lajos Heder, Artist; Martin Blatt, Public Art Commission; and Carol O'Hare.

Councillor Decker convened the meeting and explained the purpose. Councillor Decker applauded Mr. Mateo for a fabulous Dance Festival. She further stated that the conversation is centered on the 1% for art for construction projects. When Dana Park was renovated there was conflict about engagement of the community in the selection of the art project. There is conflict with the definition of art. It can be art driven or the community can participate in choosing the artist. There are strong feelings in both instances. The community should have been given more input in the art project for Cambridgeport. She has received diverse opinions on this matter. The community felt that the art selected for Cambridgeport had no connection to the neighborhood. Artists can be a catalyst to creating art. She spoke about the process for the intersection project based in Portland, Oregon. The art representation explains their neighborhood. This art helped building community. She spoke about the different kinds of art: fine art, MFA like artists or grass root artists that display economic, social and justice issues. Councillor Decker stated that she wanted to discuss the purpose of the ordinance.

At five o'clock and ten minutes p. m. Councillor Decker opened the meeting to public comment.

Lillian Hsu stated her vision is to have all kinds of art. Many people should be involved in all aspects of art. There is room and support for art in public spaces.

Jason Weeks, Executive Director of the Arts Council distributed the public art program artist selection process and community input procedure (Attachment A). He informed the committee that the Arts Council program is in its 30th year and has created 180 art works. Each step of the process involves community participation. The art process reviews 600-800 local and national artists. The project development site committee consists of 5-15 or more, chose the artist. He explained that the project development process for the artists goes to the site committee. Resources are reviewed to define and understand the location of the artwork. Collaboration is done with city departments. Outreach is done. Next the artists develop a formal project or idea. The project gets reviewed by the public arts commission to have the project go forward. Artwork is fabricated. There is dedicated energy around the educational component. The public art space at the City Hall Annex is used for a period of 5-6 weeks in an effort to get to know the artists better. Projects are done with the created artwork collection. The process is specific to the one percent for the arts for construction projects. Community and public art can work together.

Councillor Decker stated that the Dana Park project did not much community representation. She further explained the situation surrounding the Dana Park renovation art project. The community wanted to participate in the art selection. One meeting was held with the artist. The community felt that the artists did not listen to them. The outcome had no relevance to the community. The City Council pushed back on the project. Plates were posted visually high in Dana Park. A comment was made that the art looks like signage for helicopters. The art is not pedestrian friendly. There is a difference of opinion on the interpretation of the ordinance. Are there ways to increase public participation and have them engaged in community projects she asked? She stated that she is not trying to dictate or censor the artists. Using art as a community building tool is part of the City Council goals and is always discussed by the City Council. There is a whole community of people who get left out of the process for one reason or another.

Deputy City Manager Rossi stated that Cambridge is the leading city in the country for public art. He suggested looking at the process to reach a better outcome. He cited a project where money was spent twice because of community dissatisfaction. The ordinance is thirty years old.

Councillor Decker stated that this is not about the artists; it is about engagement with artists and the community. This meeting is on the 1% for public art projects. Can public art projects be tied with the City Council goal on community building and whether the funding stream can be developed to include community input?

Gregory Williams, a member of the Public Arts Commission, informed the committee that the ordinance and the 1998 public art guidelines were reviewed. The language is confusing. These two documents need to be merged. There will never be a public art project to please everyone. Artists versus community driven artist need to be merged. When an artist is selected the autonomy and vision of the artist must be considered and respected. It is difficult to merge and please everyone. He noted that the most famous artist met with opposition and dissatisfaction. A lot of different art is funded. He suggested two categories:

Public art    artist vision
Community art    community participation.

Councillor Decker stated that she favors community participation for some public art. She asked if the Public Art Commission represents a wide, diverse community representation versus jurist representation. Where can community participation be expanded and increase collaboration. Ms. Hsu stated that more public meetings held to give the community information about public art would be helpful. She also suggested information and updates on public art being listed on the website, youth centers and libraries to receive feedback from the community.

Mr. Weeks stated that the artist for the Yerxa Road Underpass program, Randall Thurston, listened to the community and developed his art project based on need. Councillor Decker asked if there is more opportunity for this type of art.

Councillor Davis stated that successful projects include more community input. It is not enough to have the artists come to the community once for input before a project is presented as this is what the art will be. Feedback from the community is needed before a decision is made. She favored good publicity for community meeting. The quality of art varies tremendously. She wanted all art projects to be at a high level.

Councillor Ward spoke of art work being vandalized because it is not representative of Cambridge. It is disrespectful to see art work vandalized. It is important for the community to feel engaged in the selection of art projects. He favored the additional community meeting.

Mr. Rossi stated that the art jury selected is compelled to hold a public meeting in the area where the art will be placed. Ms. Hsu responded that early community input is helpful and the parameters of the area can be outlined. Mr. Rossi commented that this could be created as a requirement and could produce a more harmonious outcome. Ms. Hsu stated that the vandalism issue is true. The Thurston art work repelled vandalism and is well liked by the community.

Councillor Decker asked how the process could be used to engage the community. Another community meeting eats into a limited budget. The City Council could advise the City Manager to allocate more money in the Arts Council budget. Mr. Rossi stated that an additional meeting may not be a cost factor.

Mr. Mateo favored more community involvement and more outreach to make the process more democratic to get fuller representation. An ideal process would have more representation for artist to interact with community or residents. Public art tends to be permanent. There may be instances where outreach may be standardized; each project has a different process. Cambridge is a national model and is a good process; however each neighborhood may need customization.

Mr. Heder stated that using public art to heal the community is an expectation which may not be able to be realized. The process needs to be established and the art placed. The City Council needs to commit to the arts and the artists selection. Art is supposed to take you someplace you have never been; this aspect needs to be incorporated into community building. Ms. Seymour stated that community building has never been seen. Building a harmonious community may be the end process.

Councillor Davis stated that when the public gets involved they learn or are educated about the art possibilities. She spoke about the criteria of each project. Some projects may be community building projects. She suggested engaging community building artists. The key is outreach. Artwork should have its own public art meeting versus street work meeting. Public art has its own constituency. Criteria should be developed. Feedback from the community on the criteria should be received.

Ms. Harries suggested asking artist to do a residency to hear about the community. Councillor Decker responded that the current process could be more collaborative as the public money is being used. There are still places to engage the public she said.

Mr. Charles Norris stated that the percentage for the arts project aimed at increasing public involvement is commendable; however this program cannot add the community involvement. There are segments of the community that have more or less involvement with community building. The percentage for the arts is for construction projects. Permanent projects can be maintained. It is important to revisit the thirty year old ordinance and to review the full spectrum of community involvement.

Mr. Rossi suggested setting up various meetings in the community around art in the community. Small groups are involved in pushing construction projects. There may be no interest in the community in an art project, then something triggers the question "why wasn't I informed?" The process should be:
Community input up front and online;
Contain a wide group of the community;
Discuss possibilities;
Let who will select the art come and hear this information;
Jury can hear the ideas; and
Put trust in the jury.

Mr. Weeks stated that it is a good idea to have the jury in the community input early in the project.

Mr. Williams stated that with more involved process there may be a need for additional funding. Artist can actually receive no funding because the money is put back into the artwork. Capping the percentage for public art needs to be addressed. Councillor Decker stated that the City Council will look at the need for more funding. It is also about reviewing the framework. Mr. Rossi stated that the city subsidizes projects and artists in many projects. He asked why local artists are not being used versus transportation costs for outside artists. This should be a goal. Mr. Norris stated that this is a bad model for national artists. This becomes self-selecting stated Councillor Davis. Councillor Ward commented that the best community building artist may live outside Cambridge. The travel cost factor needs to be built in. Artists are not becoming wealthy. Do not limit the pool.

Councillor Davis suggested the following steps for the process:
Local meeting by public art commission before the artist review and the choice of the artist is selected.
Add extensive outreach for the project/site committee.
Add local meeting during project development.

Mr. Mateo stated that the outreach needs to be customized to the community.

Ms. O'Hare added that abutters to art work should get notice.

In conclusion Councillor Decker thanked all for their opinions and work to enrich the life of Cambridge.

The meeting adjourned at six o'clock and forty-five minutes p. m.

For the Committee,
Councillor Marjorie Decker, 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, Vice Mayor 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)

08-148. 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)

08-152. 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)

08-158. Report from the City Manager:
RE: report on possible funding to deal with hoarding and to preserve housing.
Councillor Davis 12/22/08 (O-8)

09-11. Report from the City Manager:
RE: report on the removal of the Homeland Security Surveillance cameras and infrastructure and who is responsible for the removal.
Councillor Decker and Full Membership 02/09/09 (O-7)

09-21. Report from the City Manager:
RE: report on survey of surrounding cities and towns on the hours of operation of their libraries and a survey of patrons as to their needs and desires with respect to library hours.
Councillor Davis 03/09/09 (O-14)

09-22. Report from the City Manager:
RE: report on ways to implement the recommendations made in A Look at Women in Cambridge Now.
Mayor Simmons and Full Membership 03/23/09 (O-7)

09-23. Report from the City Manager:
RE: report on the possibility of doubling the number of solar panels to be installed on the high school using stimulus funds.
Councillor Davis, Vice Mayor Seidel and Full Membership 03/23/09 (O-8)

09-26. Report from the City Manager:
RE: report on potential amendments to the zoning ordinance to bring city lighting more in line with dark sky principles and address problems of enforcement of existing regulations.
Councillor Davis and Full Membership 03/23/09 (O-16)

09-36. Report from the City Manager:
RE: report on the progress of the Healthy Parks and Playground Initiative Task Force.
Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-2)

09-39. Report from the City Manager:
RE: report on what economic stimulus funds are available to the City.
Councillor Decker, Councillor Kelley, Councillor Maher & Mayor Simmons 04/27/09 (O-9)

09-42. Report from the City Manager:
RE: report on planting trees in parking lot #8 and surveying all city parking lots and library branches with a plan for tree maintenance.
Councillor Davis and Full Membership 05/11/09 (O-2)

09-43. Report from the City Manager:
RE: report on installing changing tables in both the menís and womenís bathrooms in all city-owned buildings.
Councillor Decker and Full Membership 05/11/09 (O-7)

09-46. Report from the City Manager:
RE: report on increasing the warranty on city street trees.
Councillor Davis 05/11/09 (O-25)

09-54. Report from the City Manager:
RE: report on Black MSM issues in Cambridge.
Councillor Reeves and Full Membership 05/18/09 (O-12)

09-55. Report from the City Manager:
RE: report on the problem of lice and on preventative measures to combat such infestation from occurring.
Councillor Reeves and Full Membership 06/01/09 (O-1)

09-56. Report from the City Manager:
RE: report on analyzing the current development patterns in the Residence C-1 area.
Councillor Maher, Councillor Davis, Councillor Decker, Councillor Kelley, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/01/09 (O-2)

09-59. Report from the City Manager:  See Mgr #3
RE: report on placing signage in crosswalks at intersections on Cambridge Street in East Cambridge.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons & Councillor Ward 06/01/09 (O-11)

09-61. Report from the City Manager:
RE: report on ways to reduce speed on Magazine Street.
Councillor Decker, Councillor Davis and Full Membership 06/08/09 (O-1)

09-62. Report from the City Manager:
RE: report on keeping the Magazine Beach pool opened.
Councillor Decker and Full Membership 06/08/09 (O-2)

09-65. Report from the City Manager:
RE: report on clarification of the policy on posting "no parking" signs.
Councillor Toomey and Full Membership 06/08/09 (O-7)

09-66. Report from the City Manager:
RE: report on efforts to prohibit smoking in parks.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 06/08/09 (O-8)

09-67. Report from the City Manager:
RE: report on the potential use by City departments and staff of social networking programs such as Twitter and Facebook.
Councillor Kelley and Full Membership 06/15/09 (O-1)

09-68. Report from the City Manager:  See Mgr #2
RE: report on a review of the parking conditions on Massachusetts Avenue north of Porter Square.
Councillor Kelley, Councillor Davis, Councillor Decker, Councillor Reeves & Vice Mayor Seidel 06/15/09 (O-2)

09-69. Report from the City Manager:
RE: report on the current status of the City's 5-year plan for road and sidewalk work.
Councillor Kelley and Full Membership 06/15/09 (O-3)

09-70. Report from the City Manager:
RE: report on the effectiveness of the traffic-calming program including any potential problems.
Councillor Kelley and Full Membership 06/15/09 (O-4)

09-71. Report from the City Manager:  See Mgr #5
RE: report on determining if there was any improper asbestos removal at the Just-A-Start property at 1066 Cambridge Street.
Councillor Kelley and Full Membership 06/15/09 (O-5)

09-72. Report from the City Manager:
RE: report on whether city streetlights are configured to prevent "disability glare."
Councillor Davis and Full Membership 06/15/09 (O-11)

09-73. Report from the City Manager:
RE: report on discussions between the developer of 303 Third Street and the City of Cambridge.
Councillor Toomey and Full Membership 06/22/09 (O-1)

09-74. Report from the City Manager:
RE: report on addressing traffic concerns at the corner of Gore and Fifth Streets.
Councillor Toomey and Full Membership 06/22/09 (O-2)

09-75. Report from the City Manager:
RE: report on whether Cambridge has any investments in Evergreen Investment Management Company and it affiliates.
Councillor Toomey and Full Membership 06/22/09 (O-4)

09-76. Report from the City Manager:
RE: report on inspecting rooftop mechanicals on commercial buildings to ensure they are functioning properly and within the noise ordinance.
Councillor Toomey and Full Membership 06/22/09 (O-5)

09-77. Report from the City Manager:
RE: report on painting pedestrian lines on the raised crosswalk on Oxford Street and on all raised crosswalks near schools, playgrounds or other areas with high pedestrian use.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 06/22/09 (O-7)

09-78. Report from the City Manager:
RE: report on how the City can support the Purple Hats Club.
Councillor Decker and Full Membership 06/22/09 (O-8)

09-79. Report from the City Manager:
RE: report on bedbug infestation in a building on Lee Street.
Vice Mayor Seidel and Full Membership 06/22/09 (O-10)