TEXT OF ORDERS
O-1     Jan 25, 2016
COUNCILLOR TOOMEY
WHEREAS: The Massachusetts House of Representatives is considering House Bill 3933 which is constitutional amendment that would create an additional 4% tax on income over $1 million; and
WHEREAS: H3933 is a straightforward proposal that will create a parity between the effective tax rates paid by the richest and poorest in Massachusetts, and in doing so will raise an estimated $1.9 billion annually to finance public education, roads and bridges, and public transportation; now therefore be it
ORDERED: That the City Council go on record supporting H.3933; 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 Delegation on behalf of the entire City Council.

H.3933
Amendment Article XLIV of the Massachusetts Constitution is hereby amended by adding the following paragraph at the end thereof:

To provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation, all revenues received in accordance with this paragraph shall be expended, subject to appropriation, only for these purposes. In addition to the taxes on income otherwise authorized under this Article, there shall be an additional tax of 4 percent on that portion of annual taxable income in excess of $1,000,000 (one million dollars) reported on any return related to those taxes. To ensure that this additional tax continues to apply only to the commonwealth’s highest income residents, this $1,000,000 (one million dollar) income level shall be adjusted annually to reflect any increases in the cost of living by the same method used for federal income tax brackets. This paragraph shall apply to all tax years beginning on or after January 1, 2019.

O-2     Jan 25, 2016
COUNCILLOR CHEUNG
MAYOR SIMMONS
VICE MAYOR MCGOVERN
WHEREAS: The Manning Apartments has provided a home to 198 low-income elderly and disabled Cambridge families since 1976 on land owned by the City of Cambridge; and
WHEREAS: Affordable housing is a precious resource to maintain the ability of low-income families to continue to live in the City of Cambridge; and
WHEREAS: Cambridge Housing Authority (CHA) has worked tirelessly to maintain Manning Apartments as a resource for its residents and the City of Cambridge by transferring the building from state to federal assistance, saving the state millions in annual operating subsidy as well as the significant capital costs the building, and working for many years to create a path to comprehensive updating and rehabilitation of the aging structure and systems in the building and the adjacent public Martin Luther King Plaza; and
WHEREAS: CHA applied for and received approval from the U.S. Department of Housing and Urban Development to convert Manning Apartments to the Rental Assistance Demonstration (RAD) program, which permitted it to access necessary private resources to perform the rehabilitation; and
WHEREAS: Sixty families have already been relocated from the site and a construction company has commenced on-site preparation for construction; and
WHEREAS: CHA is facing a February 19 deadline to close on its financing based on HUD requirements; and
WHEREAS: CHA expected MassDevelopment approval of its $57 million tax-exempt bond financing request on Thursday, Jan 14, which had received preliminary approval in February 2014 from MassDevelopment, but was precipitously informed that a reduction in bond cap allocation from the Commonwealth’s Department of Administration and Finance resulted in no action on the requisite approval; and
WHEREAS: Failure to obtain the required approval and to close on the Manning transaction before Feb 19, 2016 would result in the U.S. Department of Housing and Urban Development (HUD) withdrawing its approval for the property to convert to project-based assistance under its Rental Assistance Demonstration (RAD) and further delay in the approval of the tax-exempt bond financing puts the entire project in jeopardy; and
WHEREAS: The project relies primarily on private equity and debt and does not rely on any public expenditure of funds from the Commonwealth of Massachusetts and the City of Cambridge; and
WHEREAS: Since being notified of the tremendous pressure on private activity bonds and on MassDevelopment, CHA has identified a path forward for Manning that would revise the proposed funding approach, lowering the required bond amount from $57 million to $42 million, and spreading the allocation over two years and is working with MassDevelopment and others to identify a solution to that will enable the project to proceed; and
WHEREAS: If the Commonwealth of Massachusetts, through MassDevelopment or another entity, does not approve the tax-exempt bond financing immediately, the Manning project stands to lose nearly $60 million in private funds, and would result in the complete suspension of the Manning project and it is unclear if the project would be able to muster sufficient resources in the future for it to ever proceed; and
WHEREAS: Absent RAD and tax credits, there is no other vehicle currently available to the CHA and its residents to preserve and protect Manning Apartments as a scarce resource for the Commonwealth’s neediest residents, low-income families with incomes below 30% of AMI; and
WHEREAS: A contractor has been publicly procured to complete the nearly $60 million in rehabilitation at Manning; has been working on-site since November 2015 to ready for the February 2016 project construction start; and will assist in creating 594 total jobs and an additional $46 million of output through indirect and induced activities during the more than three years of construction; now therefore be it
RESOLVED: That the City Council go on record in support of immediate approval of bond financing for Manning Apartments and strongly objecting to any action by the Commonwealth that would impede the progress of closing on Manning Apartments; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the Governor, the Secretary of Administration and Finance, the Secretary of the Executive Office of Housing and Economic Development, and the President and Chief Executive Office of MassDevelopment on behalf of the entire City Council.

O-3     Jan 25, 2016
COUNCILLOR MAZEN
COUNCILLOR CARLONE
COUNCILLOR DEVEREUX
WHEREAS: Tools for home maintenance, yard work, and other residential projects are often expensive, out of financial reach, and bulky to store between infrequent uses for many Cambridge residents; and
WHEREAS: Tools are often purchased and used only once by some residents, representing an unnecessary waste of natural resources and a waste of excess capacity; and
WHEREAS: Zero-cost or low-cost access to tools for youth can help develop creativity and problem-solving skills; and
WHEREAS: Municipally-operated tool-lending libraries, or “tool libraries,” where residents can borrow tools for a short period of time at no cost, have proliferated around the United States and around the world as extensions of local public library systems; and
WHEREAS: Tool libraries are not space-intensive endeavors and can be easily sited on municipal property in dense urban areas; and
WHEREAS: The ability to perform basic maintenance at home should be within reach of all residents of the City of Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to coordinate with the appropriate City departments to report back with a rough estimate of capital and operating expenditures for a pilot City of Cambridge tool library for the year 2017.

O-6     Jan 25, 2016
COUNCILLOR MAZEN
COUNCILLOR CHEUNG
MAYOR SIMMONS
WHEREAS: The Massachusetts State House has adopted an electronic public comment display system which projects a list of speakers, the speaker’s affiliation, and a timer; and
WHEREAS: During Cambridge City Council meetings and committee hearings there is presently no system which clearly displays a speaker's name and affiliation for the public present at the meeting or watching at home; and
WHEREAS: The City Council meetings and committee hearings have no system for allowing the public comment speaker to see how much of the allotted three minutes remains during their comment; and
WHEREAS: An electronic public comment display system installed in the Sullivan Chamber of City Hall would improve the clarity and logistics surrounding public commentary during City Council meetings and committee hearings; now therefore be it
WHEREAS: That the City Manager be and hereby is requested to coordinate with the Clerk’s Office and the appropriate departments to implement within three months an electronic public comment display in the Sullivan Chamber, listing the speaker’s name and affiliation as well as a timer.

O-8     Jan 25, 2016
COUNCILLOR CHEUNG
COUNCILLOR DEVEREUX
WHEREAS: Cambridge requires the grant of a special permit by the Planning Board for all uses listed as “PB” in article 4.000 of the Zoning Ordinance; and
WHEREAS: The special permit process is intended to comprehensively and holistically review developments in the City, ensuring that proposed uses align with the intent of district’s zoning, character, and needs; and
WHEREAS: In keeping with the special permitting, the City of Cambridge should seek to update required submissions for the grant of special permits when there are important factors in the construction of some special permitted developments that are not being accounted for; and
WHEREAS: In 2013, the development at H Mart was delayed due to unaccounted for power supply infrastructure needs, and now the hotel at Porter Square faces a similar unanticipated delay; and
WHEREAS: The unplanned for power infrastructure needs have resulted in the significant and obtrusive installation of unplanned for transformer vaults, electrical conduit, switching equipment, gas meters, HVAC systems, and other similar devices; and
WHEREAS: Such unanticipated and costly delays and obtrusive structures for some major projects can be traced back to the lack of a detailed power supply infrastructure plan; and
WHEREAS: These negative consequences could be avoided if a detailed power needs assessment was a requirement of the special permit review process; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Department of Public Works and the Community Development Department to work with Eversource and other power providers to plan and implement infrastructure improvements to fully support future development in Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to draft an amendment to the City’s Zoning Ordinance that would see projects needing a special permit undergo a power needs assessment as part of the permitting process; 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-9     Jan 25, 2016
COUNCILLOR MAZEN
COUNCILLOR CARLONE
COUNCILLOR DEVEREUX
WHEREAS: The City Council Goals are in need of revision; and
WHEREAS: Council Goals help the city structure budget priorities; and
WHEREAS: The City’s budget processes and hearings are underway, necessitating urgent City Council action if the City Council wishes to impact priorities in the budget process; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Fiscal Affairs with a view in mind of scheduling two Finance Committee hearings to be chaired by a Councillor of the Mayor’s choosing, one as an update from the head of the Finance department and the other to review budget priorities, to be held in the middle of February.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Public Safety Committee held a public hearing on Dec 14, 2015 beginning at 3:02pm in the Sullivan Chamber.

The purpose of the hearing was to discuss the climate change vulnerability assessment.

Present at the hearing were Councillor Craig Kelley, Chair of the Committee; Councillor Dennis J. Carlone; Councillor E. Denise Simmons; Councillor Marc McGovern; Councillor Nadeem Mazen; Susanne Rasmussen, Director, Environmental and Transportation Planning Division of Community Development Department; Owen O’Riordan, Public Works Commissioner; Kathy Watkins, City Engineer; Sam Lipson, Director, Environmental Health, Public Health Department; and City Clerk Donna P. Lopez.

Also present were Jan Devereux, 255 Lakeview Avenue; Megan Brooks, 103 Inman Street; Ann F. Durbin, 78 Pearson Avenue, Somerville; Andrea Wilder, 12 Arlington Street; and Robert Winters, 366 Broadway.

Councillor Kelley convened the hearing and explained the purpose. He submitted an agenda for the hearing (ATTACHMENT A). He explained the format. He would give his overview, then City staff and general discussion. The Climate Change Vulnerability Assessment Report (CCVA) is focused on sea level rise and storm water surge, precipitation and temperature with three planning horizons. Experts talk about things using terms that regular people do not understand. He stated that if the City wants the CCVA report taken seriously it needs to be understandable from the public perspective. He spoke about the need for graphics rather than text. He stated that this needs to be sold similar to an insurance project.

He asked city staff to explain the CCVA process.

Susanne Rasmussen, CDD, stated that the themes were selected from conversations with climate change experts and scientist. Heat, sea level rise and storm surge were identified as threats. The findings from the climate change study will be published in February. The scope of the plan is being finalized. The biggest challenge is to integrate this with the city-wide plan which will cover the preparedness plan. She stated that on Dec 3rd the City held a public meeting to discuss climate change issues and how to address the threats. She stated that there is a regional collaboration about climate change preparedness.

Commissioner O'Riordan stated that smaller groups in the community will meet to have conversations about climate change, to see the impacts and to understand the concerns of various communities about climate change. He stated that the City takes climate change impacts seriously over the short and long term. There needs to be consensus for change.

Sam Lipson spoke about the health aspects in the assessment. This is meant to create a realistic view. The direct relationship increase in heat and mortality is impressive. What is the additional stress to a population? There was a challenge in the assessment to talk about the health effect appropriately and there is not a lot of consensus on what is going to happen with temperature increases. He stated that in the City’s technical report you will see more talk about disease vectors like mosquito borne illnesses, etc. identified as issues to be concerned about as they relate to climate change. This is meant to be look at a system risk perspective and includes the keeping of food, food safety and distribution problems. Systemic risks such as power outages will be considered. This type of information is not in the report that has been released but will be in a future white paper that talks about what happens under various likely scenarios.

Councillor Kelley asked how we manage the information, knowledge and events such as the public meetings to be held. How is the public informed of the meetings? How do we get a representative public involved? Ms. Rasmussen noted that all the public meetings are advertised and the web site will reflect all activities. The smaller meetings will be arranged from direct outreach. Mr. O'Riordan stated that neighborhood groups, pastors, business organization will be utilized with the hope that this information be transferred to other interested persons. Extreme heat and flooding are primary means that climate change will affect us with secondary issues such as power outages, food security and then illnesses. The initial thoughts are for City staff to go to organizations in the community and ask people who are interested in this to participate with the City in this matter. It is a new area for City staff and they want to be flexible in their approach. The CCVA is a stress test and as we move to the preparedness plan additional stresses will be studied and put into the public domain. The assessment took three years and the planning is probably going to take two. The best science and engineering was used for the assessment and the complex modeling required special computing access which led to delays. He stated that meetings have been scheduled for Harvard Square and Mid-Cambridge neighborhood association. Ms. Rasmussen stated that all activities will be posted when they are finalized. The two meetings are not posted now. Councillor Kelley wanted to go to the web site and map out the City meetings scheduled.

Commissioner O'Riordan stated that staff is being asked to attend association meetings and are on their agenda for 5-10 minutes. He stated that Councillor Kelley's wishes will be respected to post the meetings.

Councillor McGovern stated that neighborhood organizations are good places to go. He stated that only the most robust neighborhood organizations represent a true segment of the neighbors. He suggested working with the school department, perhaps through their curriculum, and to have larger meetings with the community. He stated that outreach at the neighborhood organizations are only a piece of the notification process. He suggested using the City Council to promote these meetings as well. Ms. Rasmussen stated that the City-wide Master Plan outreach will be a significant way to talk to people. This will start in the Alewife area. The CCVA is such a critical part of forward planning.

Councillor Carlone stated that there are critical zones that will be impacted. He suggested having meetings in these areas. He suggested using television and cable. He spoke of the impact of state bridges and roads blocking effective drainage and making flooding worse. How has the state been involved?

Commissioner O'Riordan it was through DOT’s Central Artery study that the City obtained its modeling. He also stated that Department of Conservation & Resources (DCR) has looked at their bridges and dams (Craddick Dam on Mystic River and the Charles River Dam). He spoke about the importance of having these systems operate correctly even for less significant storm events and the critical importance of having the pumps working for major events. The City is looking at regional flood prevention efforts, especially for big events, and Mass DOT must be involved.

Councillor Carlone spoke about Route 2 development, the fact that Route 2 acts as a type of dam, and the option of expanding wetlands and greenspace and looking at water retention. Commissioner O'Riordan stated that maps produced are results of rare events projected for 2070. But smaller events, 5-10 years, need to be understood as well as even with non-major events, flooding can overwhelm the bridges and drainage systems and once on the site, water cannot easily be removed. He stated that the smaller events can benefit from storm water management planning but that, realistically, there is not much that can be done for major storm water events like a 100 year storm. In that case, our efforts are simply going to be inconsequential.

Councillor Simmons spoke about the importance of outreach to the community and its two part nature - normal, customary people and the harder to reach people. She suggested looking at the neighborhood and proposing to reach 10% of the neighborhood and break it down to ethnicity. She wanted to see this data broken down. She wanted a quantifiable way of reaching the community. She stated that how the outreach is done must be very creative to figure out how specific populations find this issue relevant. We are being creative to reach out to these communities she suggested using the Church service as a method of notification, to include going to services, offering meals and so forth.

Sam Lipson stated that the conversation is just beginning about outreach now that the CCVA is done, especially how to reach people who are not usually reached. He stated that the Public Health Department had to get creative with the types of questions asked and used focus groups to formulate the questions as was done with the Community Health Assessment. There are existing groups, such as Baby U, that can also add communications value. He spoke about the number of people who responded to the survey on line. Climate change vulnerability reflects are old concerns, not new ones. Being prepared is not new. He stated that vulnerability, and preparedness, is a household by household issue as each household has a different set of concerns. It’s about getting ready for a snowstorm and more. Councillor Simmons spoke about people participating to keep themselves safe. She stated that this needs to be multi-lingual and constant, maybe use “Climate Ambassadors” to provide a level of authenticity. She stated that the City Council may be able to engage more people to attend these meeting. She spoke about poverty and access to good food. She asked if there is a correlation that poorer areas are more vulnerable. Mr. Lipson stated that they are starting to identify resources communities rely on for flooding and, sometimes, heat risks.

Councillor Simmons asked if asthma was correlated to poverty. Commissioner O'Riordan responded in the affirmative. Councillor Simmons noted that the City Council can help provide resources in these key communities. If the eastern part of the City is more vulnerability, then the community benefit mitigation funds could be used in those neighborhoods. She also noted that it will be necessary to make repeat visits to various places at different times.

Councillor Kelley opened the hearing to public comment.

Megan Brooks, 103 Inman Street, stated that she has not read any of the reports. The general planning should be connected to the City. She stated that preparing and protecting the environment is bigger than any other issue of the City. She wanted preparedness put above any other thing in the City. If the land is overdeveloped it will be harder to prepare for these problems.

Andrea Wilder, 12 Arlington Street, became aware of this 5-6 years ago when she learned from the Boston Harbor Association that the height of the water from Boston Harbor would affect the Moakley Steps. She stated that Cambridge does not know what Boston will be doing. She stated that her concern is the transportation for the Redline to stay dry and preventing this subway from becoming a river. She stated that open spaces act like sponges by planting trees. She would like green space increased with trees that provide shade. She spoke about building material and shingles used. She stated that CDD and special permits requirements need to be reviewed and changed to reflect the reality of climate change to use non-heat sink building materials and so forth. She spoke about changes in insurance policies that will affect homes and building and how buildings will have to, like the Spaulding building in Charlestown, compensate for climate change. She stated that making building flood proofing should be part of the regulations. She spoke about reviewing requirements for new buildings and retrofitting old buildings.

She suggested that when distributing information to groups, maps would be a good tool. Ms. Rasmussen stated that this is what the preparedness plan will consist of. The CCVA will focus the City to look at the tree canopy and what are the strategies needed for a new buildings and providing flood proofing.

Jan Devereux, 255 Lakeview Avenue, noted her communications background and asked what the message is. The PowerPoint is too overwhelming to take to churches and organizations, it is important not to be too alarmist. She suggested speaking about events in people's life time and she stated that she may not be around in 2070. She suggested using 2050. She noted that specifying risk to specific populations, for example garden apartment dwellers, garbage collectors, would be useful. She stated that what can be done to lessen this from happening would be more effective.

Ann Durbin stated that she read the technical part of the report. It is important that the City address the health issues for infectious disease. She further stated that outreach should include talking to health practitioners. She stated that workers who work outside are more vulnerable and that this should be addressed.

Robert Winters, 366 Broadway, stated that, basically, Alewife is a teacup. He spoke about the railroad and the inadequate culverts to convey water across. He spoke about storm drains in the Port and Mid-Cambridge areas. He asked what absolutely needs to be done. He spoke about the method that was used in Lowell. He noted that the MBTA’s flood protection plan may have worked had people understood what they needed to do, but the flashboards were not used and Kenmore Square flooded. When the report was presented there was a focus on the loss of power generation. There is a problem in Cambridge with the aging electrical infrastructure, a “wires in dirt’ power distribution system. It fails during the highest load. He stated that he did not see this addressed in the CCVA. Commissioner O'Riordan stated that as we move throughout the plan the secondary issues such as communications will be addressed but they were not part of the CCVA. He stated that he agreed with the statement about the electrical infrastructure.

The primary effort is new development and new projects not upgrading older systems but perhaps the CCVA will help create leverage to improve more vulnerable existing systems. The Alewife sub-station is an issue and an RFP has been put out by Eversource. He spoke about buildings where people can go when there is an emergency. More people are looking at “islanding.” Ms. Rasmussen stated that low carbon energy study RFP will be put out next year which may help islanding.

Councillor Kelley commented that this conversation is daunting. How can this be manageable? This was flooding and heating. What happens when people cannot go into their building when it is too hot? Low carbon energy RFP is tied to resiliency. He wanted to know that the 1500 City employees can communicate about these issues. The schools need to be part of our resiliency disaster planning.

Councillor Carlone spoke about communications being out in a flood. We do not want to over emphasize the fear.

Mr. Lipson stated that the Public Health Department it is about preparing for bad news. He spoke about FEMA duct tape instructions being silly but widespread. Emphasizing evacuation is not practical; keep the message practical and relevant. This is not new stuff. There are lessons to be learned from incidents that have occurred. He spoke about the problem with delivering medicine by the mail during Hurricane Sandy in Hoboken, NJ. The solution was to have a pharmacist filling prescriptions in City Hall.

Councillor Kelley stated that he does not think that there are two years to think about instances.

Councillor McGovern stated he did not know what an evacuation plan is. Is there a set plan if there is an emergency and how is the community notified. Mr. Lipson stated the Red Cross has approved facilities beforehand in the event of an emergency and that the Fire Department’s Emergency Planning Committee handles this.

Ms. Durbin asked if the City has its own radio station. She suggested having a hand cranked radio.

Commissioner O'Riordan stated that DPW staff engages with other departments and lays out the plan, much as happens with snow operations. Councillor Simmons suggested looking at previous plans.

Megan Brooks stated that universities have enormous resources. She stated that a crank radio is a good idea. She stated that information should also be in paper form to all residents.

Ms. Devereux stated that a communication department figures out what message needs to be sent out and that perhaps less “emergency communications” and more department communications would be a good idea. Ms. Rasmussen stated that where the shelters are located are unknown. Commissioner O'Riordan stated that Lee Gianetti is the Communication Director in the Office of the City Manager and there are two communication specialist in Public Works. Mr. Lipson stated that better communication has occurred. He noted that the City’s use of social media is improving. Commissioner O'Riordan spoke about the snow emergency of last year and the collaboration between Public Works and the City Manager's office.

Councillor Kelley stated that if this is the challenge of our times better communication needs to be done.

Councillor Kelley thanked all those present for their attendance.

The hearing adjourned at 4:34pm.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #2
The Ordinance Committee held a public hearing on Dec 17, 2015 beginning at 2:13pm in the Sullivan Chamber.

The purpose of the hearing was to discuss the proposed amendment to the Municipal Code entitled Exotic Animal Ordinance which appeared on the City Manager's Agenda on Oct 19, 2015 as Agenda # 22.

Present at the hearing were Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Committee; Councillor Leland Cheung; Councillor Craig Kelley; Councillor Nadeem A. Mazen; Councillor Marc C. McGovern; Councillor E. Denise Simmons; Joe Barr, Director, Traffic, Parking and Transportation Department; Nancy Glowa, City Solicitor; and City Clerk Donna P. Lopez.

Also present were Trista Adams, FELD Entertainment, Vienna, VA; Jan Devereux, 255 Lakeview Avenue; Jacquie Gambarini, 8 Everett Street; Dr. George Eastman, 48 Irving Street; Delcianna Winders, Harvard Law School; Laura Hagen, MSPC; Mason Grainger, 38 Westland Avenue, Boston; Ann Durbin, 78 Pearson Avenue, Somerville; and Chris Green, 31 Bigelow Street.

Vice Mayor Benzan convened the hearing and explained the purpose.

The petitioner, Jacqui Gambarini, stated that the petition was submitted in March 2014 with 20 signatures. The intent was to protect the animals from cruelty. She urged passage of the proposed amendment. She requested that Cambridge please join the other 7 communities by adopting the proposed ordinance.

Delcianna Winders, 41 Yale Street, Medford, stated that she is in the Harvard University animal program. She has been involved in other communities regarding animal safety. She suggested passage of ordinance. She has seen cruel, unhealthy and inadequate animal regulations. She commented that animals are trained to do tricks largely through acts of cruelty. She stated that elephants are kept in cages for days at a time. One person each year is killed in the United States by wild cats and elephants. Last year three elephant got lose and ran wild. She stated that the transmission of diseases is high. Tuberculosis is transmitted from elephants. She stated that Ringling Brothers employees have tested positive for tuberculosis. She stated that federal regulations are not being enforced, and urged Cambridge to join the ban.

Lauren Hagen, Deputy Director of Advocacy, MSPCA, stated that there are real threats to human and animal safety posted by circuses and traveling shows and the failure of the USDA to adequately enforce the Federal Animal Welfare Act, which regulates these shows. She stated that Carson and Barnes Circus has a long history of violations of the Animal Welfare Act. In 2011 a video was taken of an employee striking an elephant with a bull hook and was later cited by the USDA for use of excessive force with a bull hook. (Mina). She spoke about the significant weight loss of such elephants.

Ms. Hagen stated that Piccadilly Circus does not possess its own USDA exhibitor license and is not subject to citations in its own name. Piccadilly Circus contracts with exhibitors and leases the animals for shows. The exhibitors have been cited for violations of the Animal Welfare Ace. She spoke of cruelty to an elephant. In 2013 the USDA reported a female sheep not given care for her dislocated leg. She spoke about acts of cruelty towards animals where a vendor was fined. She stated that there is no way to keep these animals without causing them harm. Her statement is attached as (ATTACHMENT A).

Councillor McGovern asked how these companies are able to operate. Ms. Winders stated that penalties are continually discounted and are not a deterrent against cruelty.

Councillor Carlone stated that he needed more information about elephants getting and transmitting Tuberculosis. He asked how many people have contracted Tuberculosis from elephants. Ms. Wondered stated that elephants carry a human strain of Tuberculosis caused from stress. Unfortunately, circuses are not required to make the statistics public on the number of people who have contracted Tuberculosis from elephants.

Vice Mayor Benzan spoke about the educational program provision. Ms. Hagen stated amendments were crafted for school educational programs. Said suggested amendments are contained in (ATTACHMENT B). She stated that changes were made to the penalty language. Section VI (3) of amended version contains the education program language.

Councillor McGovern asked whether under Section III would a travel show be exempt. City Solicitor Glowa stated that most ordinances are complaint driven. Councillor McGovern noted that animals are not allowed to be brought into schools for display.

Vice Mayor Benzan questioned if a daycare facilities would be exempt. Ms. Hagen stated that she is supportive of the amendments. She stated that add "bona fide" was added to Section VI (3).

Councillor Kelley asked if reptiles and snakes would not be allowed. It is acceptable as proposed. This does not impact Harvard University or MIT as long as they do not bring elephants. Reptiles shown at Library would not be excluded. Ms. Hagen stated that library would link into an educational institution.

Councillor Kelley moved to amend Section II to delete 8. Squamata (all species of snakes only).

City Solicitor Glows stated that this is the first time she has seen the proposed amendments. She suggested the following amendments:
In Section IV delete "Park Rangers.
In Section V the language would read: "Any person, firm, or corporation violating this section shall be fined not more than $300.00 dollars per animal per day, or as otherwise permitted by law."
In Section VI (1) delete "or" at the end.
In Section VI (2) add "or" at the end.
In Section VI (3) delete "bona fide" and add "governmental" after the word "educational".

Vice Mayor Benzan asked about the Barnum and Bailey circus route. Mr. Barr responded that the circus goes down Memorial Drive.

On motion of Vice Mayor Benzan public comment began at 2:49pm.

Trista Adams, Washington, DC, representing Feld Entertainment, the producer of the Ringling Brothers and Barnum and Bailey, Disney on Ice and other live family entertainment, stated opposition to the proposed ordinance prohibiting the use of Wild and Exotic Animals in Traveling Shows and Circuses. She stated that Ringling Brothers is the largest entertainment provider. She stated that for the Boston engagement the train is used for only one week. Elephants will not be in the traveling shows. She stated that the proposed ordinance is constitutionally flawed and infringes on freedom of speech. The ordinance violates the commerce clause under the constitution by providing exemptions for zoos and sanctuaries while prohibiting the same actions by a legally operating traveling exhibitor or circus engaged in interstate commerce. This favors in state economic interests. Ms. Adams stated that because the railroad is used as a base of operation and the City is pre-emptied from restricting the use of the railway. She stated that this ordinance is legally flawed and not supported by scientific data or evidence. She stated that USDA requires that circuses and other traveling exhibitors with animals be licensed. She urged that this proposed ordinance be rejected. Her comments are attached as (ATTACHMENT C).

At 2:56pm Councillor Carlone assumed the chair.

Councillor Carlone asked about the path from railroad drop-off point to the arena. Ms. Adams stated that the elephants are not walked to arena. Councillor Carlone stated that the petition talks about animal rights and there are times when constitutional rights infringe on other rights. Ms. Adams stated that travel is not detrimental to the animals; there is no scientific evidence of this. She stated that the two employees with Tuberculosis were from outside of the country and were not elephant handlers. She stated that it depends on the arena how much roaming area the animals have.

Councillor Carlone commented on out of state businesses. He stated that other communities have passed a similar ordinance as proposed; this comes down to a question of animal suffering. Ms. Adams stated that their animals are not mistreated and would be subject to federal and state regulations.

Councillor McGovern asked what the bull hook is used for. Ms. Adams explained it is what is used on elephants. Councillor McGovern stated that by not allowing exotic animal to travel in Cambridge it will stop the cruelty to animals. It is about whether Cambridge will participate in this. This ordinance is outside our jurisdiction. If the Ringling Brothers Circus is the largest circus and knows any entity that mistreats animals it is on them to clean up their industry. He stated that Cambridge cannot control the railroad but can control the streets.

Councillor Kelley questioned elephants transmitting Tuberculosis. Ms. Adams will send information regarding this.

Jan Devereux, 255 Lakeview Avenue, stated since Cambridge has no zoo or sanctuary is there any way to limit this to traveling shows. She stated that elephants feel pain. She asked if elephants parade on any city street in Cambridge.

Councillor Simmons stated that elephants travel on Cambridge streets to Memorial Drive. Councillor McGovern stated since Memorial Drive is a state road do we have the authority to ban marching on Memorial Drive and because Memorial Drive intersection city streets would this prohibit the circus from travel. City Solicitor Glowa stated that this ordinance would extend to all City roads.

Dr. Eastman, a Neurophysiologist, 48 Irving Street, stated that he has spent his life speaking for animals. He commended Ms. Gambarini for this proposal. This is an expression of compassion. He stated that all animals, except snakes, have a similar part of the human brain that deals with emotion. Snakes do not feel emotion but other animals do. Circuses do not require wild animals.

Ms. Winders stated that she will submit documentation on her statements. She spoke about the constitutional arguments and commerce clause. She stated that ordinance has been passed in other communities and has not been struck down. There are documents showing the relationship of Tuberculosis and elephants and that Ringling Brothers is the largest recipient of penalties.

Ms. Hagen stated that MSPCA stated that many violations by circuses are not seen because of their transient nature. She stated that MSPCA inspection visits were controlled by Ringling Brother. She stated that she does not endorse the practices of Ringling Brothers.

Mason Grainger, 38 Westland Avenue, Boston, stated that individuals who purchase tickets to see the circus are making an entertainment choice. He stated that the performing animals were not given a choice to entertain. This is a form of slavery. The bull hook does hurt animals especially when the sharp end touches the skin; it is time to protect these animals.

Chris Green, 31 Bigelow Street, stated that there is a difference between traveling shows and a sanctuary. The cases for traveling shows are small and it does have an emotional effect on this. He stated that there are examples of animals being mistreated by Ringling Brothers.

Councillor McGovern stated that the evidence is well documented. He moved that this ordinance be forwarded to the full City Council with a favorable recommendations as amended. The motion carried on a voice vote of five members. (Amended text ATTACHMENT D).

Councillor Mazen spoke about the mistreatment of a SeaWorld animal. He stated that no one would tolerate this treatment if it were publicly known. He stated that organizations do not have a commercial or freedom of speech right to mistreat animals.

Councillor McGovern asked Ms. Hagen if the penalties are sufficient. Is it better to create a higher fine to create a deterrent? Ms. Hagen stated that the 7 communities that have adopted the ordinance have different fines. She is not in favor of slowing this process down to research the possibility of increasing the fine.

Councillor Mazen questioned the City Solicitor as to what the remedy is to increase the fine from $300.

City Solicitor Glowa responded that a special or home rule could be reviewed.

Councillor Kelley stated that he is fine with the $300 fine. He did not want this ordinance to be constrained for the fine.

Public comment ended at 3:42pm.

Councillor Carlone thanked all those present for their attendance.

The hearing adjourned at 3:43pm.

For the Committee,
Councillor Dennis J. Carlone, Co-Chair