Cambridge City Council meeting - November 5, 2007 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-86, regarding listing all disability special program and exemptions on the website. [http://www.cambridgema.gov/DHSP2/disprograms.cfm]

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-120, regarding a report on the condition of 56 Churchill Avenue.
Charter Right - Kelley

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-115, regarding a report on certain Cambridge hotels prohibiting Cambridge taxicabs from picking up customers.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Cultural Council for $19,570 to the Grant Fund Public Celebrations (Arts Council) Other Ordinary Maintenance account which will be used to provide mini-grants to artists, arts organizations and community groups in Cambridge.

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager relative to Awaiting Report Item Number 06-06 of Feb 27, 2006, regarding a report on the legality of the banners in front of the Dunkin' Donuts at 2480 Massachusetts Avenue and at other location in the City. [Placed on Table on the motion of Councillor Kelley on Feb 27, 2006.]

2. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny the Jitney License application of Star Shuttle, Inc. [Placed on Table City Manager Agenda Number Six of Nov 6, 2006 on the motion of Councillor Davis on Nov 6, 2006.]

3. Opposition to the Urban Ring Phase II bus system unless the whole route is grade separated to ensure that the buses would not have to compete with general traffic. [Placed on Table Order Number Nineteen of Apr 9, 2007 on the motion of Councillor Davis on Apr 9, 2007. Councillor Kelley's motion to take from Table Failed 3-6-0 on Apr 23, 2007.]

4. An application was received from Singh Raghbin, requesting a curb cut at the premises numbered 66 Dudley Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Response has been received from neighborhood association. [Placed on Table Applications and Petitions Number Four of Apr 23, 2007 on the motion of Councillor Davis on Apr 23, 2007.]

5. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007. Placed on Table Order Number Sixteen of Apr 30, 2007 on the motion of Councillor Davis on May 7, 2007. Motion to take from the Table failed 4-4-0-1 on Sept 17, 2007. Motion to take from the Table failed 3-5-1 on Sept 24, 2007.]

6. A communication was received from Thomas Fowler-Finn, Superintendent of Schools, transmitting a copy of the annual Affirmative Action Report. [Placed on Table Communications and Reports from City Officers Number One of Sept 10, 2007 on the motion of Councillor Decker.]

7. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

8. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007-Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

9. That the Neighborhood and Long Term Planning Committee schedule a meeting to discuss with the new owners the impact on the 55 Magazine Street tenants of the recent sale of the building and their concern about their security as tenants and the new owners' plans for the building, especially any plans to convert the building to condominiums. Charter Right exercised by Mayor Reeves on Order Number Forty-Seven of Sept 10, 2007. Placed on table on motion of Councillor Simmons on Sept 17, 2007.]

10. That the City Manager is requested to confer with Tom McNichol, President of the Charles River Clean Up Boat, and MIT to resolve the issue of the financial status of this organization. [Charter Right exercised by Vice Mayor Toomey on Order Number One of Sept 17, 2007. Placed on Table on the motion of Vice Mayor Toomey on Sept 24, 2007.]

UNFINISHED BUSINESS
11. 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.]

12. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 for the purpose of continuing to consider a proposed amendment to the Noise Ordinance to regulate leaf blowers. See Order #23 of Oct 29, 2007. The question comes on passing to be ordained on or after Aug 13, 2007.]

13. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 5, 2007 for the purpose of considering a petition filed by the Planning Board to re-zone portions of the Residence C-1 zoning district to a Residence B district in the Strawberry Hill Neighborhood along Cushing Street between St. Sauveur Court and Thingvilla Avenue, in the area of Oxford and Fairview Avenue, and the corner of Huron Avenue and Cushing Street. The question comes on passing to be ordained on or after Oct 8, 2007. Petition expires Dec 4, 2007.]

14. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards for certain projects of 25,000 square feet or more. The question comes on passing to be ordained on or after Oct 29, 2007. Petition expires Dec 18, 2007.

15. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B, a/k/a Re-filed Cott Petition. The question comes on passing to be ordained on or after Nov 5, 2007. Petition expires Dec 18, 2007.
This item was discussed for a long time before a consensus was reached to delay action.

APPLICATIONS AND PETITIONS
1. An application was received from Lesley University, requesting permission to replace the face of a pre-existing sign at the premises numbered 1815 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department.

COMMUNICATIONS
1. A communication was received from Mark Montlouis and family, transmitting thanks for the speedy recovery resolution.

2. A communication was received from Steven Reckhow and Sylvia Wheeler, transmitting written protest to the Refiled Cott Petition.

3. A communication was received from Alec Wysoker, transmitting support for the proposed zoning amendment regarding side setbacks.

4. A communication was received from Jessie M. English, Ph. D. & the Tobin Danehy Neighborhood Association, regarding environmental hazards at 450 Concord Avenue.

5. A communication was received from Barbara Bryant, transmitting support for the pending zoning ordinance on solar panels.

6. A communication was received from Mrs. Alice Velosa and family, transmitting thanks for your thoughtfulness and condolences in remembering her husband, Manuel E. Velosa, Sr.

RESOLUTIONS
1. Congratulations to the Cambridge-Bethlehem People-to-People Initiative and its delegation on its mission to foster connections and solidarity.   Councillor Decker

2. Resolution on the death of Helen E. (Tierney) Dukeman.   Councillor Galluccio

3. Resolution on the death of Frank B. Enos.   Councillor Galluccio

4. Resolution on the death of Barbara E. (Bean) Knight.   Councillor Galluccio

5. Resolution on the death of Joseph J. Leary Jr.   Councillor Galluccio

6. Resolution on the death of Dominic E. Marchio.   Councillor Galluccio, Vice Mayor Toomey

7. Congratulations to Carole Sousa on receiving the Teacher of the Year Award by the Massachusetts Coalition for Adult Literacy.   Mayor Reeves

8. Resolution on the death of Private First Class Adam Chitjian.   Councillor Decker
9. Resolution on the death of Specialist David Lambert.   Councillor Decker
10. Resolution on the death of Staff Sergeant Robin Towns Sr.   Councillor Decker

11. Congratulations to the East End House on receiving the Greater Boston Food Bank's Partner Agency of the Year Award.   Mayor Reeves

12. Congratulations to Natalie and Lë Riberio on the birth of their son.   Councillor Simmons


13. Resolution on the death of Susan (Nazzaro) Brezowski.   Councillor Galluccio

14. Resolution on the death of Ronald C. Coffey.   Councillor Galluccio

15. Resolution on the death of Peter T. "Tom" Scaglione Jr.   Councillor Galluccio

16. Resolution on the death of William E. Johnson.   Councillor Galluccio

17. Resolution on the death of Mario G. Santora.   Councillor Galluccio

18. Condolences to Ruby Sutherland on the loss of her husband Robert Sutherland.   Councillor Simmons, Mayor Reeves

19. Condolences to Sharon Stentiford and family on the loss of her mother Louise Stentiford.   Councillor Simmons

20. Condolences to the family of William Ewing.   Mayor Reeves, Councillor Simmons

21. Happy Birthday wishes to Timothy J. Toomey, Sr.   Vice Mayor Toomey

22. Happy Birthday wishes to Natasha Toomey.   Vice Mayor Toomey

23. Resolution on the death of Debra Botelho.   Vice Mayor Toomey

24. Happy 80th Birthday wishes to Enid Harris.   Mayor Reeves


ORDERS
1. That the City Manager is requested to confer with the Director of Affirmative Action and the Personnel Director to report on the diversity of and make up of each City board and commission with regard to race, class and gender, with the view toward determining whether there are under-representations in the make up of these organizations and, if so, developing a strategy to remedy any such under-representations.   Councillor Simmons  Amended

2. That the City Manager is requested to investigate the installation of LED streetlights in Cambridge.   Councillor Davis

3. That the City Clerk is requested to inform Daniel Graubauskas, General Manager of the MBTA, that it is the recommendation of the Cambridge City Council that the MBTA radio program be discontinued altogether.   Councillor Davis

4. That the City Manager is requested to report back to the City Council on what the possible impacts of the new Flood Rate Insurance Map and the expanded Base Flood Zone will be on homeowners, developers and other property owners in Cambridge.   Councillor Kelley

5. That the City Manager is requested to confer with relevant staff members and report back to the City Council on the City's program to enforce the City's light ordinance and address light pollution issues.   Councillor Kelley

6. That the City Manager is requested to work with the state Department of Environmental Protection to request that the Midland Ross site be audited as soon as possible.   Councillor Murphy

7. That the proposed amendments to the Cambridge Human Rights Ordinance set forth in the attachment to this order be referred to the Ordinance Committee for a hearing and report.   Councillor Murphy

8. That the City Manager is requested to contact the new buyers of North Point, Archon Group, to discuss the future of this development.   Vice Mayor Toomey

9. That the City Manager is requested to expedite the filling of the positions of the GLBT Commission by Nov 20, 2007 and to hire a new Executive Director as soon as possible.   Councillor Simmons

10. That the City Manager is requested to investigate the feasibility of adding a crosswalk on Garden Street opposite Bond Street so residents and students do not have to walk to either Linnaean or Shepard Street to cross Garden Street.   Councillor Davis


11. That the City Manager is requested to confer with the Police Department and the Traffic, Parking and Transportation Department to reinstate the school crossing guard at the corner of Cambridge Street and Columbia Street.   Vice Mayor Toomey

12. That the City Council go on record calling upon the United States government to offer assistance and support to the Dominican Republic during these times and to consider providing the services of the United States Army Corps of Engineers to assist in the rebuilding efforts.   Councillor Galluccio and Vice Mayor Toomey


HEARING SCHEDULE
Mon, Nov 5
5:00pm   Special Presentation for the Cambridge Hitman Baseball Team  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Nov 19
5:30pm   City Council Meeting  (Sullivan Chamber)
Special Presentation by the Neighborhood Safety Task Force directly following public comment.

Wed, Nov 28
5:30pm   The Ordinance Committee will conduct a public hearing on a proposed amendment to Chapter 2.112 of the Municipal Code by adding Sect.112.060, CORI Screening by Vendors of the City of Cambridge, to ensure that the persons and businesses supplying goods and/or services to the City of Cambridge deploy fair policies relating to the screening and identification of persons with criminal backgrounds through the CORI system.  (Sullivan Chamber)

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

Wed, Dec 5
6:00pm   The Health and Environment Committee will conduct a public meeting to received an update on OB/GYN services and the new advisory council at the Windsor Street Clinic.  (Pisani Center, 131 Wash. St.)

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

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

Mon, Jan 7, 2008
10:00am   Inaugural City Council meeting [and election of the Mayor and Vice-Chair of the City Council]  (Sullivan Chamber)

Mon, Jan 14, 2008
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 28, 2008
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 4, 2008
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 11, 2008
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 25, 2008
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Nov 5, 2007  Amended
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Affirmative Action and the Personnel Director to report on the diversity of and make up of each City board and commission with regard to race, class and gender, and persons with disabilities, with the view toward determining whether there are under-representations in the make up of these organizations and, if so, developing a strategy to remedy any such under-representations.

O-2     Nov 5, 2007
COUNCILLOR DAVIS
WHEREAS: The city of Ann Arbor, Michigan expects to install more than 1,000 LED streetlights in the next month; and
WHEREAS: LED streetlights typically burn five times longer than the bulbs they replace, require less than half the energy, and reduce maintenance costs; and
WHEREAS: Good LED streetlights with a "dark skies" design direct the light onto the ground and not up into the sky; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate the installation of LED streetlights in Cambridge.

O-3     Nov 5, 2007
COUNCILLOR DAVIS
WHEREAS: The MBTA piloted an MBTA/Pyramid Radio program with a continuous stream of advertisements and recorded music at South Station, North Station, and Logan Airport Station; and
WHEREAS: In spite of the negative feedback and temporary suspension, the program is scheduled to be expanded to all MBTA stations after Thanksgiving; and
WHEREAS: The radio broadcast will target ads to school children who use the MBTA, curtail and interfere with reading and conversation at the stations, and curtail or eliminate subway performances; now therefore be it
ORDERED: That the City Clerk be and hereby is requested to inform Daniel Graubauskas, General Manager of the MBTA, that it is the recommendation of the Cambridge City Council that the MBTA radio program be discontinued altogether.

O-4     Nov 5, 2007
COUNCILLOR KELLEY
WHEREAS: The Federal Emergency Management Agency (FEMA) has proposed changes to its Flood Insurance Rate Map of Cambridge; and
WHEREAS: These changes expand both the Alewife Base Flood Zone and the associated Floodway and will put a number of properties in the Alewife area of North Cambridge in the Alewife Base Flood Zone; and
WHEREAS: A property owner whose property is in the Base Flood Zone may pay more for property insurance, may be required to get special flood insurance and may find it difficult to get any property insurance at all; and
WHEREAS: FEMA will hold a public meeting to discuss these change in Belmont on Wed, Nov 7, 2007 from 7:00pm-9:00pm at the Belmont Town Hall Auditorium, 455 Concord Avenue in Belmont; now therefore be it
ORDERED: That the City Manager be and hereby is requested to have appropriate City staff attend this meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to utilize appropriate phone outreach such as Reverse 911 to immediately contact as many impacted property owners as possible and to inform them of this meeting; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on what the possible impacts of the new Flood Rate Insurance Map and the expanded Base Flood Zone will be on homeowners, developers and other property owners in Cambridge.

O-5     Nov 5, 2007
COUNCILLOR KELLEY
WHEREAS: Cambridge is a dense city with a variety of residential, commercial, retail and public uses existing in close proximity to each other; and
WHEREAS: Light pollution is increasingly a problem in Cambridge as security lighting illuminates people's residences, making it more difficult to sleep and otherwise enjoy one's residence; and
WHEREAS: Cambridge ordinance prohibits the shining of floodlights onto private property without the owner's consent; and
WHEREAS: The impact of security lights on adjacent properties can be mitigated through proper positioning of lights, appropriate angling of lights and installation of shielding devices on lights; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant staff members and report back to the City Council on the City's program to enforce the City's light ordinance and address light pollution issues, to include:
  * Number and type of equipment the City has to measure light as it illuminates private property;
  * Number and position of City staff trained to measure light and to develop solutions to light pollution issues; and
  * Number and substance of any light pollution complaints since Jan 1, 2006.

O-6     Nov 5, 2007
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to work with the state Department of Environmental Protection to request that the Midland Ross site be audited as soon as possible.

O-7     Nov 5, 2007
COUNCILLOR MURPHY
ORDERED: That the proposed amendments to the Cambridge Human Rights Ordinance set forth in the attachment to this order be referred to the Ordinance Committee for a hearing and report.

O-8     Nov 5, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to contact the new buyers of North Point, Archon Group, to discuss the future of this development.

O-9     Nov 5, 2007
COUNCILLOR SIMMONS
WHEREAS: The City Council has recently ordained the GLBT Ordinance and has designated it as a high priority; now therefore be it
ORDERED: That the City Manager be and hereby is requested to expedite the filling of the positions of the GLBT Commission by Nov 20, 2007; and be it further
ORDERED: That the City Manager be and hereby is requested to hire a new Executive Director as soon as possible; and
ORDERED: That the City Manager be and hereby is requested to confer with the GLBT Commission on both of the matters; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-10     Nov 5, 2007
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to investigate the feasibility of adding a crosswalk on Garden Street opposite Bond Street so residents and students do not have to walk to either Linnaean or Shepard Street to cross Garden Street.


O-11     Nov 5, 2007
VICE MAYOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Police Department and the Traffic, Parking and Transportation Department to reinstate the school crossing guard at the corner of Cambridge Street and Columbia Street.

O-12     Nov 5, 2007
COUNCILLOR GALLUCCIO
VICE MAYOR TOOMEY
WHEREAS: On October 29 and 30, 2007, Hurricane Noel passed over the Dominican Republic; and
WHEREAS: The heavy rains unleashed by Hurricane Noel produced deadly floods and mudslides; and
WHEREAS: Hurricane Noel reportedly left in its wake dozens killed and more than 60,000 people displaced from their homes; and
WHEREAS: The damage to the Dominican Republic's infrastructure, including the devastation of bridges, is still being assessed; now therefore be it
RESOLVED: That the City Council go on record calling upon the United States government to offer assistance and support to the Dominican Republic during these times and to consider providing the services of the United States Army Corps of Engineers to assist in the rebuilding efforts; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to President Bush and the Massachusetts delegation to the United States Congress and Senate.