Cambridge City Council meeting - Feb 3, 2014 - AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of $20,000 to the General Fund Election Other Ordinary Maintenance account from additional election revenue to pay for costs related to the municipal election recount.
Feb 3, 2014
To the Honorable, the City Council:I am hereby requesting the appropriation of $20,000 to the General Fund Election Other Ordinary Maintenance (OOM) account from additional election revenue to pay for costs related to the municipal election recount. The total cost of the recount was $109,604. The City is able to absorb $74,000 in salaries and can also cover OOM expenses from available balances but requires an additional $18,800 for OOM expenditures. In addition, $1,200 from the above will pay for outside storage costs for the rest of the fiscal year.
Very truly yours, Richard C. Rossi, City Manager
2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following persons as Constables for a term of three years, effective the first day of January, 2014: Daniel F. Long, Jean M. Rogers
3. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Emergency Food and Shelter National Board Program grant in the amount of $6,000.00 to the Grant Fund Human Service Programs Other Ordinary Maintenance account which will be used to supplement fuel assistance payments.
ON THE TABLE
1. That the City Manager is requested to confer with the Cambridge Arts Council to determine the types of spaces that are most needed within the local arts community with the view of using the Foundry to fill those needs and to allocate appropriate funds to make appropriate upgrades for the purpose of creating a community arts center. (Order Amended by Substitution.) [Order Number Ten of Jan 27, 2014 Placed on Table on motion of Mayor Maher on Jan 27, 2014.]
UNFINISHED BUSINESS
2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee for a public hearing held on Nov 22, 2013 to conduct a public hearing on an amendment to the Municipal Code by adding a new Chapter 8.68 entitled "Concussion Prevention and Management in Youth Activities at City Facilities." The question comes on passing to be ordained on or after Dec 23, 2013.
APPLICATIONS AND PETITIONS
1. An application was received from Evelyn & Angel's requesting permission for a sandwich board sign, five tables and ten chairs for restaurant seating in front of the premises numbered 1702 Massachusetts Avenue.
2. A constable bond was received from James M. Desrosiers for approval of the surety.
COMMUNICATIONS
1. A communication was received from Randa Ghattas, 88 School Street regarding parking in Area IV.
2. A communication was received from Paula Junn regarding the future of Foundry Building.
3. A communication was received from Nina Berg in favor of saving the Foundry Building.
4. A communication was received from Hallie Coffin-Gould regarding saving the Foundry Building.
5. A communication was received from Katharine Conway transmitting support of saving the Foundry Building.
6. A communication was received from Emily Falcigno regarding Foundry for Arts, Culture and Community Building.
7. A communication was received from John A. Hawkinson transmitting an Open Meeting Law complaint regarding meeting announcements not being posted on the City's web site.
8. A communication was received from Edward Woll, Jr., Chapter Vice-Chair, Chair of Chapter Energy Committee, Sierra Club, Massachusetts Chapter, regarding safety and climate change goals.
RESOLUTIONS
1. Resolution on the death of John F. Parsons Jr. Councillor Toomey
2. Congratulations to Zev Dickstein on being invited to attend the State of the Union address in Washington, D.C. Councillor Carlone
3. Congratulations to Cloze on the launch of Circulate.it. Councillor Cheung
4. Congratulations to WireOver on the launch of its secure file-sharing application. Councillor Cheung
5. Recognizing the ongoing collaborations between City departments and community partners to reduce childhood obesity and promote healthy eating and physical activity in Cambridge. Mayor Maher
6. Congratulations to Roberto Santiago for receiving the honor of having a street bear his name in his native Coamo, Puerto Rico. Vice Mayor Benzan
7. Congratulations to Patrick Benzan for athletic accomplishments, his nomination to the 2014 McDonald's All American Games and his acceptance into Holy Cross. Vice Mayor Benzan
8. Resolution on the death of John Anthony "Jack" Delaney. Mayor Maher
9. Resolution on the death of Bertine Brown. Councillor Simmons
10. Resolution on the death of Vincent A. Armenio. Councillor Toomey
11. Happy Birthday wishes to Rosalie Rippey. Councillor McGovern
12. Happy Birthday wishes to Sherry Jones. Councillor McGovern
13. Retirement of Roger Boothe from the Community Development Department. Mayor Maher
14. Resolution on the death of Joseph A. Pagliaro Sr. Mayor Maher
ORDERS
1. That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Anne Young for a bench dedication in honor of her late father-in-law, Alvin Nathaniel Young. Councillor Simmons
2. That the City Manager is requested to report back to the City Council with an update on the progress of the East Cambridge Kendall Square Open Space Planning Committee. Councillor Toomey
3. That the City Council go on record in support of H.2935, An Act to Transition to a Clean Energy Commonwealth. Councillor McGovern
4. That the amendment to the Zoning Ordinance filed by John Chun, et al be refiled. Mayor Maher
5. That the City Manager is requested to consult with the ownership of 2 Mount Auburn Street and its management company with the view in mind of taking immediate action to provide onsite supplemental heating in whatever quantity necessary to assure the good health and safety of the elderly, the elderly-disabled, and the legally disabled tenants that reside there. Vice Mayor Benzan
Amended
6. That the City Council go on record expressing support for the Safe Driving Bill allowing illegal undocumented immigrants to obtain driver's licenses. Vice Mayor Benzan
Amended
7. That the City Council go on record opposing the most recent fee increases proposed for no-value liquor licenses due to the undue financial burden they would place on business owners in the City. Councillor Cheung
8. That City Council Rule 35A be amended to provide that no suspension of the rules shall be required for late ceremonial resolutions filed after the close of the meeting agenda or before resolutions are voted on at the meeting. Councillor Kelley
Referred to Unfinished Business
9. That the City Clerk, in consultation with the City Solicitor, draft a response regarding the Open Meeting Law complaint filed by John A. Hawkinson for the City Council's consideration. Mayor Maher
10. That the issue of late policy orders be referred to the Government Operations and Rules Committee for further discussion. Mayor Maher
Referred to Gov't Operations & Rules Committee
COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Donna P. Lopez, City Clerk transmitting the legal opinion received from City Solicitor Nancy E. Glowa regarding quorum requirements for City Council Committees.
2. A communication was received from Donna P. Lopez, City Clerk transmitting the legal opinion received from City Solicitor Nancy E. Glowa regarding the submission of late policy orders during a public meeting.
3. A communication was received from Donna P. Lopez, City Clerk transmitting a letter from Mayor David P. Maher regarding committee assignments.
4. A communication was received from Donna P. Lopez, City Clerk transmitting a letter from Mayor David P. Maher regarding the Ad-Hoc Committee relative to changes to the City Council Rules.
Referred to Unfinished Business
HEARING SCHEDULE
Mon, Feb 3
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 10
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Feb 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 3
5:30pm Special City Council Meeting to discuss a report from the City Manager on the Foundry Building. This meeting to be televised. (Sullivan Chamber)
Mon, Mar 10
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Mar 31
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 7
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Apr 28
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 5
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 12
5:30pm City Council Meeting (Sullivan Chamber)
Mon, May 19
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 2
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 9
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 16
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 23
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 30
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 Feb 3, 2014
COUNCILLOR SIMMONS
ORDERED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider the request from Anne Young for a bench dedication in honor of her late father-in-law, Alvin Nathaniel Young; and be it further
ORDERED: That the City Clerk be and herby is requested to forward this order to the Dedication Committee for their review and approval.
O-2 Feb 3, 2014
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with an update on the progress of the East Cambridge Kendall Square Open Space Planning Committee.
O-3 Feb 3, 2014
COUNCILLOR MCGOVERN
WHEREAS: Utility-scale coal burning plants are a major contributor to pollution and global warming and are a hazard to public health; and
WHEREAS: Coal burning is responsible for approximately one-third of carbon dioxide emissions, the largest contributor to climate change which threatens to increase extreme weather, water and food insecurity, sea level rise, and diseases; and
WHEREAS: Coal burning produces 84 of the 187 hazardous air pollutants identified by the Environmental Protection Agency as posing a threat to human health, including sulfur dioxide, nitrogen dioxides and mercury; and
WHEREAS: The Clean Air Task Force reported that coal-plant pollution in Massachusetts causes hundreds of deaths, heart attacks, and asthma attacks annually; and
WHEREAS: Massachusetts coal plant closings are underway and the clean energy industry outpaced the overall economy by a factor of ten; and
WHEREAS: Coal plants in Massachusetts currently employ hundreds of residents and preemptive action and proper planning are necessary to provide sustainable, long-term, and clean development that will benefit communities and protect workers by providing employment retraining in emerging industries; and
WHEREAS: Legislation would be economically beneficial, good for the environment, and helpful to workers and municipalities who need support during this transition; and
WHEREAS: The Clean Energy Commonwealth bill is a comprehensive solution to both protect citizen health and maintain the fiscal security of the coal plant communities; now therefore be it
RESOLVED: That the City Council go on record in support of H.2935, An Act to Transition to a Clean Energy Commonwealth; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to the Cambridge Legislative Delegation in the House and Senate as well as House Speaker Robert DeLeo, Senate President Therese Murray, Speaker Pro Tempore Patricia Haddad, and the members of the Joint Committee on Transportation, Utility and Energy on behalf of the entire City Council.
O-4 Feb 3, 2014
MAYOR MAHER
ORDERED: That the attached amendment to the Zoning Ordinance filed by John Chun, et al be refiled; and be it further
ORDERED: That the petition be referred to the Ordinance Committee and the Planning Board for hearing and report.
O-5 Feb 3, 2014 Amended
VICE MAYOR BENZAN
WHEREAS: The Northeast and, in particular, Cambridge are experiencing an unusually severe and protracted winter cold spell that is forecasted to continue; and
WHEREAS: Much of the residential housing in Cambridge is unprepared for such an eventuality, especially housing occupied by the elderly, the elderly-disabled, and the legally disabled; and
WHEREAS: 2 Mount Auburn Street, a 94 unit affordable housing structure, exclusively occupied by the above described tenant population, is recognized as having substandard and irreparable exterior windows scheduled to be replaced in the future; and
WHEREAS: Current ownership has not been sufficiently responsive or flexible in addressing the effects of cold on the elderly and disabled, especially the 85+ population, with the provision of readily available supplemental heating, such as safety certified space heaters; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the ownership of 2 Mount Auburn Street and its management company with the view in mind of taking immediate action to provide onsite supplemental heating in whatever quantity necessary to assure the good health and safety of the elderly, the elderly-disabled, and the legally disabled tenants that reside there; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the 2 Mount Auburn Street Tenants Association with the view in mind of receiving periodic updates on this matter; and be it further
ORDERED: That this matter be referred to the Housing Committee.
O-6 Feb 3, 2014 Amended
VICE MAYOR BENZAN
WHEREAS: Massachusetts law currently requires immigrants seeking a driver's license to prove that they are in the country legally; and
WHEREAS: The Massachusetts Immigrant and Refugee Advocacy Coalition, or MIRA, has stated that removing that barrier, as proposed under the Safe Driving Bill, would make Massachusetts roads more secure ensuring immigrants living in the country illegally are trained, licensed and insured; and
WHEREAS: The Safe Driving Bill would particularly help people who do not live near public transportation and need vehicles to travel to work, school and/or places of worship; the Safe Driving Bill would also protect the health and well-being of children who depend on their parents in medical emergencies, and require transportation to and from medical facilities on a regular basis; and
WHEREAS: On November 2013, the Mayor of Washington D.C, Vincent C. Gray, signed a measure into law that will allow illegal undocumented immigrants to apply for driver's in May, calling the privilege a "civil rights issue" for those in the country illegally but who still need to get to jobs, classes and houses of worship; and
WHEREAS: Washington D.C.'s new law will align the nation's capital with a handful of mostly Democratic-leaning states where illegal undocumented immigrants have been applying for licenses since January of 2014; laws similar to the Safe Driving Bill are now in effect in Connecticut, Illinois, Maryland, Puerto Rico, California, Washington, Oregon, Nevada, Utah, Colorado and New Mexico; now therefore be it
RESOLVED: That the City Council go on record expressing support for the Safe Driving Bill allowing illegal undocumented immigrants to obtain driver's licenses; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Massachusetts Immigrant and Refugee Advocacy Coalition on behalf of the entire City Council.
O-7 Feb 3, 2014
COUNCILLOR CHEUNG
WHEREAS: Cambridge was recently named the most exciting suburb in America by Motovo, a ranking that is in large part due to the growing number of restaurant and nightlife options in Cambridge; and
WHEREAS: Over the past few years, the City Council has adopted policies to increase the livability, vitality, and community feel of our streets by promoting street-level retail, restaurants, and activity; and
WHEREAS: Within the past year, the City of Cambridge's License Commission has proposed significant fee increases for no-value liquor licenses and convened a taskforce to review the proposal and make a final recommendation; and
WHEREAS: The proposed fee increases would double annual fees for no-value liquor licenses issued after Feb 28, 2008 and add an additional $5,000 processing fee every three years; and
WHEREAS: As of August of 2013, 24% of the businesses granted no-value liquor licenses were no longer active; and
WHEREAS: Many surviving businesses with no-value liquor licenses have stated that restaurant margins are so thin during their initial years that such an increase would jeopardize the viability of the new restaurants Cambridge residents can enjoy; and
WHEREAS: Given the direct impact of such fees on the availability of locally-owned restaurants, this is ultimately a policy decision that the Council should decide; and
WHEREAS: These drastic fee increases pose an undue burden on small business owners who already bring in significant income to the City through the excise meals tax; and
WHEREAS: The excise meals tax is expected to generate over $3.4 million in revenue for the City of Cambridge in the current fiscal year; and
WHEREAS: No value licenses cannot be sold or transferred; now therefore be it
RESOLVED: That the City Council go on record opposing the most recent fee increases proposed for no-value liquor licenses due to the undue financial burden they would place on business owners in the City; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to the License Commission and taskforce charged with reviewing this proposal on behalf of the entire City Council.
O-8 Feb 3, 2014 Referred to Unfinished Business
COUNCILLOR KELLEY
ORDERED: That City Council Rule 35A be amended to provide that no suspension of the rules shall be required for late ceremonial resolutions filed after the close of the meeting agenda or before resolutions are voted on at the meeting.
O-9 Feb 3, 2014
MAYOR MAHER
WHEREAS: The City Council is in receipt of the attached complaint of the Open Meeting Law which appears on the Communication List as a communication from John A. Hawkinson; now therefore be it
ORDERED: That the City Clerk, in consultation with the City Solicitor, draft a response regarding the Open Meeting Law complaint for the City Council's consideration.
O-10 Feb 3, 2014 Referred to Gov't Operations & Rules Committee
MAYOR MAHER
ORDERED: That the issue of late policy orders be referred to the Government Operations and Rules Committee for further discussion.
AWAITING REPORT LIST
14-01. Report from the City Manager:
RE: report on the feasibility of providing the City's calendar on the cambridgema.gov website as a Google calendar.
Councillor Simmons 01/27/14 (O-6)
14-02. Report from the City Manager:
RE: report on determining whether Councillors "replying all" to emails addresses to the council@cambridgema.gov on business that may subsequently come before the Council are unintentionally violating the Massachusetts Open Meeting Law.
Councillor Cheung 01/27/14 (O-11)