Cambridge City Council meeting - Feb 10, 2014 - AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to an additional appropriation of the Low Income Heating Assistance Program grant in the amount of $80,235 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth's Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account ($12,270) and to the Other Ordinary Maintenance account ($67,965) to providing funding to operate the Low Income Heating Assistance Program (LIHEAP) serving Cambridge and Somerville.
2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Fuel Assistance Private Donation for the Fuel Assistance Program in the amount of $325 to the Grant Fund Human Service Program Other Ordinary Maintenance account which will provide support for the purchases of fuel for a fuel assistance client.
3. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of The Boston Foundation Donation for the Agenda for Children in the amount of $500 to the Grant Fund Human Service Program Other Ordinary Maintenance account which will provide support for the Agenda for Children who intend to use the funds to support their training efforts for out of school time programs.
4. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of $20,418 in additional municipal access fees to the General Fund Cable Television Other Ordinary Maintenance account to provide additional payments to Cambridge Community Television (CCTV).
5. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the Early Education Services Task Force.
Report Accepted, Simmons voting PRESENT
Feb 10, 2014
To the Honorable, the City Council:I wanted to inform the Council that after consultation with the Superintendent of Schools and the Mayor, I am appointing a Task Force on early education services. The charge to the Task Force is to identify a range of possible options for expansion of early childhood services and to explore the benefits and challenges of each option.
In Sept 2013, the City Council held a roundtable meeting with the School Committee to discuss early education services for four year olds in Cambridge. City and School staff jointly presented information about current services to 4 year olds and City Councilors and School Committee members engaged in thoughtful discussion with each other and with staff. The City Council requested that the City Manager appoint a Task Force to further explore the issues raised.
The issue of services to Cambridge 4 year olds is one of the key questions to be addressed by the Task Force, but the issue needs to be examined within the context of early education services more generally. I anticipate that the Task Force will present its findings and recommendations by June 2015. We will also provide an interim report later this year.
The Task Force will meet with a variety of stakeholders. We are fortunate to have within this community many early childhood experts, and we expect to draw upon their expertise. We anticipate working with the City's 0 to 8 Council, with providers, and with early childhood experts affiliated with our local universities. We will also provide opportunity for parents and other members of the public to provide input to the Task Force. Among the issues that the Task Force will be examining are:
How to ensure that that all children enter Kindergarten optimally ready to succeed in school;
How to ensure equity of access for four year olds in the City;
How to ensure that children who are most in need of early childhood services are served;
How to ensure that children 0-4 and their families access services most likely to enhance children's educational success;
How to ensure that families are able to access early childhood programs that meet their needs;
How expanding access for 4 year olds will impact outcomes for children in CPS.
The members of the Task Force are:
Richard C. Rossi, City Manager
Jeffrey Young, Superintendent of Schools
Donna Cabral, Director Somerville Cambridge Head Start Program
Louis DePasquale, Assistant City Manager, Finance
Katy Donovan, Director, Peabody Terrace Children's Center
Lei-Anne Ellis, Human Services Division Head for ChildCare and Family Support Services
Jeana Franconi, City Budget Director
Lori Likis, Chief Planning Officer, School Department
MaryAnn MacDonald, Assistant Superintendent for Elementary Education
Lisa Peterson, Deputy City Manager
Megan Postal, Project Coordinator, Early Years Project, Guidance Center/Riverside
Ellen Semonoff, Assistant City Manager, Human Services
Claire Spinner, Chief Financial Officer, School Department
Nancy Tauber, Executive Director, Kids' Council
Carolyn Turk, Deputy Superintendent of Schools
I look forward to the Task Force reporting back to the City Council and to the School Committee.
Very truly yours, Richard C. Rossi, City Manager
6. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-03, regarding the progress of the Eastern Cambridge Kendall Square Open Space Planning Committee.
Feb 10, 2014
To the Honorable, the City Council:In response to Awaiting Report Item Number 14-03, regarding the progress of the Eastern Cambridge Kendall Square Open Space Planning Committee, Assistant City Manager for Community Development Brian Murphy reports the following:
The Eastern Cambridge Kendall Square Open Space (ECKOS) Planning Study, now underway, represents a unique opportunity to plan and implement a vision for the entire open space network in Kendall Square and vicinity. The ECKOS planning study committee, appointed by the City Manager this past spring, has been meeting regularly to develop a preliminary vision and goals for the study area. The open space planning process builds on the vision and concepts that were established by the Kendall Square Advisory Committee as part of the Kendall Square Central Square (K2C2) Planning Study and will help determine the character and role of both existing and proposed open spaces in the area.
As part of this process, the Community Development Department is overseeing a planning and design competition to develop a comprehensive open space plan for the area. In January 2014, STASTNY: architect llc was selected and hired to serve as the competition coordinator for an open space planning and design competition for Eastern Cambridge and Kendall Square. The principal of the firm, Donald J. Stastny, has over three decades of experience working on complex open space issues, and has managed over 46 national and international design competitions, including a design competition for three key sites on the National Mall in Washington D.C. The firm will work closely with the ECKOS planning study committee, City staff, the community, and other stakeholders throughout the planning and competition process.
The competition process will include the creation of a competition manual; the establishment of a competition jury; outreach to a wide range of local, national and international planning and design firms; and extensive public involvement at every stage. The final result will be a comprehensive open space network plan (or plans) for Kendall Square and Eastern Cambridge that will be used to facilitate the creation of exceptional, visionary open spaces, further promote the innovative character of the area, and help create a sense of place and community. The plan will also help determine the character and role of several key, new, public open spaces in the area, which will be designed as part of separate, subsequent processes.
The next ECKOS planning study committee meeting is anticipated to take place in late February or early Mar 2014. The planning and design competition will commence in Spring 2014, and is expected to last 7 to 9 months.
Materials and updates are available on the web at: www.cambridgema.gov/kendallopenspace
For more information please contact Taha Jennings at 617-349-4603 or by email at tjennings@cambridgema.gov.
Very truly yours, Richard C. Rossi, City Manager
7. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-02, regarding a report on determining whether Councillors "replying all" to emails, addressed to the council@cambridgema.gov on business that may subsequently come before the Council are unintentionally violating the Massachusetts Open Meeting Law. [Attached letter]
8. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of Cheryl-Ann Pizza-Zeoli as a member of the Affordable Housing Trust for a term of three years, effective Feb 6, 2014.
Feb 10, 2014
To the Honorable, the City Council:I am hereby transmitting notification of the appointment of Cheryl-Ann Pizza-Zeoli as a member of the Affordable Housing Trust for a term of three years, effective Feb 6, 2014.
Cheryl-Ann Pizza-Zeoli
Ms. Pizza-Zeoli is a founding member of the Alliance of Cambridge Tenants (ACT), the citywide tenant organization representing Cambridge Housing Authority federal and state public housing and voucher households, and has extensive knowledge of low-income housing policy. She has significant experience working with a diverse group of housing experts (tenants, advocates, housing professionals and elected officials) to preserve and develop affordable housing in Cambridge. Ms. Pizza-Zeoli is skilled at breaking down technical information into understandable terms, and analyzing the policy and cost trade-offs involved in maintaining political and community support for housing programs.Very truly yours, Richard C. Rossi, City Manager
9. Transmitting communication from Richard C. Rossi, City Manager, relative to the City of Cambridge retaining the noteworthy distinction of being one of approximately 33 municipalities in the United States with three AAA ratings from the nation's three major credit rating agencies.
Feb 10, 2014
To the Honorable, the City Council:
I am pleased to inform you, the taxpayers, and all our residents that the City of Cambridge has retained its noteworthy distinction of being one of approximately 33 municipalities in the United States with AAA ratings from each of the nation's three major credit rating agencies. Each year since 1999, the City has received these ratings from Moody's Investors Service, Standard & Poor's and Fitch Ratings. This achievement allows the City to invest more money into important projects throughout Cambridge.
These ratings are in conjunction with the City's sale of $34.9 million in General Obligation bonds, which will take place on Feb 18, 2014. This sale will finance capital projects such as King Elementary school renovations, sewer reconstruction, improvements to the Harvard Square tunnel, open space improvements at Cambridge Common, street reconstruction and Kendall Square surface improvements.
In addition, Standard & Poor's reaffirmed its "strong" Financial Management Assessment (FMA) of the City. An FMA of "strong" indicates that practices are strong, well embedded and likely sustainable. The strong rating indicates that the government maintains most best practices deemed critical to supporting credit quality and that these are well embedded in the government's daily operations and practices. Formal policies support many of these activities, adding to the likelihood that these practices will continue into the future and transcend changes in the operating environment or personnel.
Based on this ongoing recognition from the rating agencies, the City Council can be justly proud of its sound fiscal policies. Additionally, I would like to thank the City's Department Heads and staff for their commitment to prudently managing their budgets and programs. The City is fortunate to have such a strong and dedicated team.
I will be forwarding the final rating opinions of Fitch Ratings, Moody's Investors Service and Standard & Poor's Corporation to you when I receive them.
Fitch Ratings
Key Rating DriversExceptional Financial Management: Management's conservative budgeting practices and prudent use of reserves has helped keep tax levy increases at moderate levels.
Above-Average Reserve and Liquidity Levels: The city's positive financial profile is characterized by large reserves and ample liquidity. Additionally, the city's levy margin continues to grow favorably to the highest level in the city's history.
Economic Diversity Promotes Stability: The stable presence of higher education, healthcare, biotechnology, and life sciences industries supports the well-diversified economy with low unemployment and above-average wealth levels.
New Development Promotes Tax Base Growth: Ongoing development within the city is projected to promote growth in assessed value, providing the city with tax levy flexibility for operations and debt service.
Moderate Debt Levels: Debt levels are moderate and expected to remain manageable, aided by the city's rapid amortization rate. Pension and other post-employment benefit (OPEB) costs are manageable.
Credit Profile
Diversified economy with strong socioeconomic indicators
The City is an important economic component for the Boston metropolitan area and Massachusetts as a whole. The city benefits from the presence of both Harvard University and Massachusetts Institute of Technology. The city continues to experience employment expansion amongst companies in the biotechnology and life and sciences sector. The city's well diversified economy and well educated population is characterized by a low November unemployment and high per capita income.Financially sound city with strong reserves
Exceptional financial management and planning are demonstrated by the city's strong financial position. The city continues to strategically use general fund reserves, including debt stabilization funds, to keep tax levies at moderate levels. Reserve levels remain strong. The city has historically maintained an unreserved fund balance well in excess of the city's fund balance policy requiring an unreserved general fund balance equal to at least 15% of the ensuing year's budgeted revenues. Fitch Ratings also notes that Cambridge's substantial excess levy capacity under Proposition 2½ provides the city with significant financial flexibility.Moody's Investors Service
Summary Rating Rationale
Moody's highest long-term rating reflects the sizeable, diverse and stable tax base, which is anchored by world renowned higher education institutions and a growing research and development sector. Also incorporated into the Aaa rating is a historically stable financial position with significant reserve levels, a strong professional management team and a favorable debt profile supported by healthy enterprise systems.Strengths
• Large and diverse tax base anchored by stable institutions and a growing commercial sector
• Healthy financial position guided by sound management policies
• Very ample excess levy capacity under Proposition 2 1/2
• Well managed debt profile
Challenges
• High regional costs of living and doing business
Highlights
Significant institutional presence spurs continued economic growth
Cambridge's economy benefits from the presence of Harvard University (rated Aaa/stable outlook) and the Massachusetts Institute of Technology (MIT, rated Aaa/stable outlook) and the related vibrant biotechnology, pharmaceutical and life sciences employment base. Cambridge's assessed value remained strong during the economic downturn and weak recovery, largely due to the continued expansion of the city's commercial sector. New development continues in the city, as evidenced by improving building permit activity.Healthy financial position bolstered by ample reserve levels and strong management
Cambridge is expected to maintain a healthy financial position as a result of historically balanced operations, substantial reserve levels, and a strong professional management team. The city maintains formally adopted fiscal policies for its annual budgeting, including long-term projections for revenues, expenditures and capital needs. Steady revenue streams, generated by its substantial and stable tax base, provide flexibility to address budgetary challenges.Affordable debt burden with manageable capital needs
Cambridge's debt obligations will remain affordable given a sizeable level of self-supporting debt and a rapid principal retirement schedule.Outlook
The stable outlook reflects Moody's expectation that Cambridge will maintain a healthy financial position, given its strong reserve levels and history of balanced operations. Moody's also expects that the city will continue to improve funding ratios for pension and OPEB while maintaining a conservative approach to budgeting and expenditure management. Additionally, the stable outlook incorporates the vibrant economy with several renowned institutions and ongoing development in the commercial sector.Standard & Poor's Corporation
Rationale
Standard & Poor's Ratings Services has assigned its 'AAA' long-term rating to Cambridge, Mass.' Series 2014 general obligation (GO) bonds. The outlook is stable.The ratings reflect our assessment of the city's:
• Strong and dynamic local economy. Economic expansion within the city continues - particularly in the areas of biotechnology and software development- due, in part to its commitment to planned development;
• Very strong budgetary performance, which takes into account a revenue stream we consider stable;
• Very strong liquidity providing very strong cash levels to cover both debt service and expenditures;
• Very strong management with strong financial policies; and
• Strong debt and contingent liabilities position.
Standard & Poor's considers Cambridge's financial management practices "strong" under its Financial Management Assessment methodology, indicating practices are strong, well embedded, and likely sustainable.
Outlook
The stable outlook reflects our view of the city's consistent financial performance and economy, which is supported by good management. We do not expect to revise the rating in the next two years because we believe the city will maintain very strong reserves.Very truly yours, Richard C. Rossi, City Manager
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.
3. 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. [Order Number Eight of Feb 3, 2014 Placed on Unfinished Business on Feb 3, 2014.]
Order Adopted
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 Rule 26 of the City Council Rules. [Communication and Report from City Officers Number Four of Feb 3, 2014 Placed on Unfinished Business on Feb 3, 2014.]
Amended Rule 26 Adopted 9-0
COMMUNICATIONS
1. A communication was received from the family of Anthony "Buzz" Boczenowski transmitting thanks for your condolences.
2. A communication was received from Assaad J. Sayah, MD, FACEP, Chief Medical Officer, Cambridge Health Alliance transmitting thanks and gratitude for the resolution extending congratulations on his recent appointment as Chief Medical Officer for the Cambridge Health Alliance.
3. A communication was received from Alice Wolf transmitting additional information on the new science behind early education.
4. A communication was received from Emily Dexter, 9 Fenno Street regarding the appointment of the Early Education Services Task Force.
5. A communication was received from John A. Hawkinson regarding the response to Awaiting report Number 14-02 on replying to all on emails.
6. A communication was received from John A. Hawkinson responding to the response by the City Council on his Open Meeting Law Complaint.
RESOLUTIONS
1. Congratulations to State Representative Marjorie Decker for spearheading an amendment to fund a total of $13.5 million in Cambridge infrastructure transportation projects that was unanimously passed by the members of the State House of Representatives. Vice Mayor Benzan
2. Happy Birthday wishes to former Mayor and City Councillor Kenneth E. Reeves. Mayor Maher
3. Retirement of Mary Hunter from the Cambridge Police Department. Mayor Maher
4. Happy Birthday wishes to Nicolas Thilo-McGovern. Councillor McGovern
5. Happy Birthday wishes to Mark Nagle. Councillor McGovern
6. Happy Birthday wishes to Camilla Elvis. Councillor McGovern
7. Happy Birthday wishes to John Roberts. Councillor McGovern
8. Happy Birthday wishes to Nadia Chamblin-Foster. Councillor McGovern
9. Happy Birthday wishes to Ruth Ryals. Councillor McGovern
10. Happy Birthday wishes to Louise Sette. Councillor McGovern
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
15. Retirement of Cynthia Griffin from the Purchasing Department. Mayor Maher
16. Retirement of Donna Cameron from the Human Services Department. Mayor Maher
17. Resolution on the death of Ina M. Smith. Councillor Simmons
18. Resolution on the death of Gilma Rijo. Vice Mayor Benzan
19. Congratulations to Alden & Harlow on their recent Harvard Square opening. Councillor Cheung
20. Retirement of Sylvia Barnes from the Information Technology Department. Mayor Maher
21. Happy 80th Birthday wishes to Dorothy A. Brown. Councillor Simmons
22. Commend Stephanie Crayton for her running achievements and commitment to her fundraising efforts to aid in the discovery of a cure for cancer. Vice Mayor Benzan
23. Congratulations to CVS on the occasion of its decision to stop selling cigarettes and other tobacco products at its stores throughout the country by Oct 1, 2014. Councillor Toomey
ORDERS
1. That the City Manager is requested to confer with the appropriate City personnel and report back to the City Council and the community with an update as to when the Central Square Public Library is expected to re-open to the public. Councillor Simmons
2. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation Department as to the feasibility of allowing Cambridge residents and visitors to pay parking violations instantly via cell phone application. Councillor Cheung
3. That the City Manager is requested to confer with all relevant city departments and engage with the leadership of Globe Direct to ensure that Cambridge residents who have not subscribed to weekly Globe Direct circulars and have indicated that they do not wish to receive more are promptly removed from further distribution lists. Councillor Cheung, Councillor McGovern and Councillor Carlone
4. That the City Manager is hereby requested to confer with the appropriate city officials and department heads to explore any and all possible sites for Cambridge Camping to use this summer. Mayor Maher
5. That the City Council go on record urging Cadbury Commons to reconsider cancelling its monthly LGBT dinner, or to at least consider holding the dinners until July 2014, which would provide patrons sufficient time to find alternative arrangements. Councillor Simmons
6. That the City Manager is requested to confer with the Law Department and the Election Commission to determine what steps would be necessary to change the method by which surplus votes are transferred in municipal elections and whether the Fractional Transfer Method could replace the Cincinnati Method and whether this requires a Charter change. Councillor Carlone and Councillor Mazen
Amended
7. That the City Council go on record expressing support for bill H.R. 20, the Government by the People Act of 2014. Councillor Mazen
8. That the City Manager is requested to confer with the State Department of Public Health and report back to the City Council on how the DPH factored in appropriateness of site and local support for the application to operate a Medical Marijuana Dispensary. Councillor Toomey
COMMITTEE REPORTS
1. 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 Dec 19, 2013 to conduct a public hearing on an amendment to the Municipal Code in Chapter 8.68 entitled relating to Plastic Bag Reduction.
COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Donna P. Lopez, City Clerk transmitting a response to an Open Meeting Law Complaint filed by John Hawkinson on Jan 30, 2014 and the action taken by the City Council on said complaint.
HEARING SCHEDULE
Mon, Feb 10
5:30pm City Council Meeting (Sullivan Chamber)
Thurs, Feb 20
4:00pm The Ordinance Committee will conduct a public hearing on a zoning petition filed by John Chun, et al. requesting the City Council amend the Zoning Map of the City of Cambridge in the entire district currently zoned Residence B located in the Cambridge Highlands neighborhood, situated north of Concord Avenue, south of and adjacent to the municipal boundary with the Town of Belmont by deleting the designation Residence B and substituting therefore a designation of Residence A-2. This hearing to be televised. (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 10, 2014
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City personnel and report back to the City Council and the community with an update as to when the Central Square Public Library is expected to re-open to the public.
O-2 Feb 10, 2014
COUNCILLOR CHEUNG
WHEREAS: Throughout the past few years, the City of Cambridge has made great strides in connecting citizens to City Hall via the use of technology such as cell phone applications; and
WHEREAS: Recently, the City of Boston began allowing residents and visitors to pay for parking violations via cell phone app by simply scanning the barcode on their ticket using their phone and indicating their preferred payment method; and
WHEREAS: Accepting instant payment for parking violations encourages prompt payment from citizens and reduces the potential of accruing hefty late fees for forgotten tickets; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation Department as to the feasibility of allowing Cambridge residents and visitors to pay parking violations instantly via cell phone application and report back to the City Council.
O-3 Feb 10, 2014
COUNCILLOR CHEUNG
COUNCILLOR MCGOVERN
COUNCILLOR CARLONE
WHEREAS: It has come to the attention of the City Council that many Cambridge residents have unwittingly become subscribed to weekly direct advertising circulars from Globe Direct; and
WHEREAS: The advertising circulars are typically delivered in plastic red bags that are made from #4 Low Density Polyethylene, which is not biodegradable and, if not properly recycled, creates a serious environmental hazard that has been reported to last for 500 to 1,000 years or longer; and
WHEREAS: Plastic bags such as the kind used by Globe Direct never truly decompose. Instead they degrade into small fragments that are often washed into our oceans, displacing food supplies and endangering the survival of countless species of marine animals; and
WHEREAS: Although many residents have made numerous attempts to opt-out of the circulars and have repeatedly confirmed that they have been unsubscribed with Globe Direct staff, they continue to receive the circulars on a weekly basis; and
WHEREAS: In some cases, the circular is delivered even when a written notice is posted in front of the dwelling to indicate that the resident does not want to receive it; and
WHEREAS: Residents also complain that the red bags are often found on the sidewalks and, in some cases, in the middle of the street; and
WHEREAS: Continued delivery of unwanted circulars does not promote the City of Cambridge's expressed goal of environmental sustainability; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with all relevant city departments and engage with the leadership of Globe Direct to ensure that Cambridge residents who have not subscribed to weekly Globe Direct circulars and have indicated that they do not wish to receive more are promptly removed from further distribution lists and report back to the City Council; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this order to the president and distribution managers of Globe Direct on behalf of the entire City Council.
O-4 Feb 10, 2014
MAYOR MAHER
WHEREAS: Cambridge Camping, a nonprofit established in 1893, founded Cambridge Adventure Day Camp (CADC) in 1969 to narrow the opportunity gap for children with limited or no access to summer programs by providing inspiring and enriching day camp experiences for under-resourced youth and families; and
WHEREAS: Last summer, Cambridge Camping served approximately 90 children ages 6-11 and provided them with numerous field trips, swimming lessons and daily group activities; and
WHEREAS: In past summers, Buckingham, Brown and Nichols (BB&N) has generously hosted the camp but cannot this summer due to renovations at the school; and
WHEREAS: Cambridge Camping is having difficulty finding a site to host their camp this summer; and
WHEREAS: Cambridge Camping is looking for space that has rooms for activities, a large group space, a kitchen, bathroom facilities and an outdoor space for the campers to play as well as space for their staff and counselors; now therefore be it
ORDERED: That the City Manager be and is hereby requested to confer with the appropriate city officials and department heads to explore any and all possible sites for Cambridge Camping to use this summer.
O-5 Feb 10, 2014
COUNCILLOR SIMMONS
WHEREAS: For nearly four years, Cadbury Commons of Cambridge has hosted a monthly LGBT Dinner, which has cultivated a devoted constituency from Cambridge, Somerville, and surrounding towns. For so many of the attendees, the majority of whom are Cambridge residents, this monthly ritual has become an important, standing appointment on their calendar; and
WHEREAS: This dinner has helped foster a greater sense of community and solidarity amongst the local LGBT community, fulfilling a previously unmet need in the Cambridge area by providing its members a lively, elegant, and enjoyable destination to socialize, and to foster, nurture, and bolster personal and professional relationships; and
WHEREAS: At the most recent dinner in January, the Executive Director of Cadbury Commons disclosed, without any prior warning, that the monthly program will be discontinued following the Feb 26 dinner, in order to make way for other programming. This development has been met with tremendous disappointment by the many people who have grown to depend upon these monthly events as an important focal point of the local LGBT experience; and
WHEREAS: This disappointment is not only over the loss of a cherished monthly ritual, but also over the abrupt manner in which it was disclosed, the lack of clarity as to why it has been canceled, and the desire to have adequate time for Cadbury Commons regulars to seek out or create a viable alternative to these monthly dinners; now therefore be it
RESOLVED: That the City Council go on record urging Cadbury Commons to reconsider cancelling its monthly LGBT dinner, or to at least consider holding the dinners until July 2014, which would provide patrons sufficient time to find alternative arrangements.
O-6 Feb 10, 2014 Amended
COUNCILLOR CARLONE
COUNCILLOR MAZEN
WHEREAS: Under the Plan E form of government, municipal elections in the City of Cambridge are conducted using a single transferable vote, ranked-choice system of voting commonly known as Proportional Representation; and
WHEREAS: Candidates for City Council and School Committee are elected only if they reach a certain threshold of votes, commonly known as Quota, and candidates who are elected on the First Count and receive a surplus of votes have their surplus ballots transferred to other candidates according to a set of rules known as the Cincinnati Method; and
WHEREAS: The Cincinnati Method is often criticized because it involves an element of chance, whereby the order in which the votes are counted determines the specific subset of an elected candidate's ballots to be transferred to other candidates; and
WHEREAS: In very close elections, the public may wonder if the outcome has been affected by the random nature of the Cincinnati Method; and
WHEREAS: There are other methods for the transfer of surplus ballots in a Proportional Representation election, including the Fractional Transfer Method, which has been praised for the fact that it produces the same outcome regardless of the order in which the ballots are counted; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Law Department and the Election Commission to determine what steps would be necessary to change the method by which surplus votes are transferred in municipal elections and whether the Fractional Transfer Method could replace the Cincinnati Method and whether this requires a Charter change; 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-7 Feb 10, 2014
COUNCILLOR MAZEN
WHEREAS: Since the Supreme Court's 2010 Citizens United ruling, there has been a dramatic rise in outside spending driven by unlimited contributions from wealthy donors and in 2012, more than 90 percent of Super PAC funding from individuals came in contributions in excess of $50,000; and
WHEREAS: Federal candidate fundraising is skewed towards the wealthy with 64% of U.S. Senate Candidate's funding coming in contributions of $1,000 or more from .04% of the population; and
WHEREAS: The majority of Congress are themselves millionaires, demonstrating how access to federal corridors of power and governance is skewed in favor of the wealthy and in service of the wealthy; and
WHEREAS: This influx of campaign spending has undermined the voices of ordinary Americans allowing the wealthiest to disproportionately influence policy decisions at the Federal level; and
WHEREAS: The Government by the People Act introduced in the House of Representatives on Feb 5th, 2014, and subsequently referred to the committee on House Administration will help shift the balance of power from wealthy interests towards ordinary voters; and
WHEREAS: This legislation would create a Freedom from Influence Fund which would match smaller campaign contributions of up to $150 on a six-to-one basis as well as providing a $25 refundable tax credit for smaller contributions, allowing also for the creation of people PACs and small donor committees which encourage grassroots fundraising and aggregate the voices and power of ordinary citizens; and
WHEREAS: Similar legislation, which utilizes public funding to magnify small donations, has been passed in Arizona, Connecticut, Maine, and New York City effectively decreasing the influence of lobbyists and increasing the accountability of politicians to ordinary citizens; now therefore be it
RESOLVED: That the City Council go on record expressing support for bill H.R. 20, the Government by the People Act of 2014; 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 Cambridge Legislative Delegation on behalf of the entire City Council.
O-8 Feb 10, 2014
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that Greenway Wellness Foundation has been granted a preliminary permit by the State Department of Public Health (DPH) to operate a Medical Marijuana Dispensary within the City of Cambridge; and
WHEREAS: The City Council has supported the concept of Medical Marijuana operating in Cambridge and has recently designated two Medical Marijuana Zoning Overlay Districts within the City of Cambridge; and
WHEREAS: Greenway Wellness Foundation submitted an application designating a location outside of these overlay districts, and within a residential building, as their place of operation; and
WHEREAS: The State Department of Public Health awarded the provisional licenses based on factors including appropriateness of site and local support; and
WHEREAS: Upon review of the application, it is unclear that either of these factors were appropriately considered; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the State Department of Public Health and report back to the City Council on how the DPH factored in appropriateness of site and local support for this application.
TEXT OF COMMITTEE REPORTS
Committee Report #1
MEETING PURPOSE - To conduct a public hearing on an amendment to the Municipal Code in Chapter 8.68 relating to Plastic Bag Reduction.
MEETING DETAILS
Date and Time: Dec 19, 2013 at 9:58am
Location: Sullivan Chamber
ATTENDEES - Councillor David P. Maher, Chair; Mayor Henrietta Davis; Councillor Marjorie C. Decker; Vice Mayor E. Denise Simmons; Councillor Minka vanBeuzekom; Richard Rossi, City Manager; Lisa Peterson, Deputy City Manager; Nancy Schlacter, Human Rights Commission; Karen Preval, Assistant to the City Manager; Owen O'Riordan, Public Works Commissioner; Rebecca Fuentes, Assistant Commissioner for Administration, Public Works Department; Randi Mail, Recycling Coordinator, Public Works; Brian Murphy, Assistant City Manager for Community Development Department (CDD); John Bolduc, Environmental Project Planner, CDD; and Donna P. Lopez, City Clerk.
OTHER ATTENDEES - Kevin Bacon (Star Market), 49 White Street; Antonetta Oteri (Shaw's), 750 W. Center Street, North Bridgewater; Mary Burke (CVS), 45 White Street; Tuck Welch, 33 Concord Avenue; Tommethain Alexande, 5 Cambridge Park Drive; Helena Leighton, 225 Binney Street; Nina Liang, 14 Vandine Street; Phil Sego, Mass. Sierra Club; Leigh Dubofsky (Bertucci's), 799 Main Street; Elena Saporta, 102 Ellery Street; Eric Baxtrom, 2304 Mass. Avenue; and Denise Jillson, Harvard Square Business Association.
MINUTES
Councillor Maher opened the meeting and stated the purpose. He stated that there would be a brief summary of the proposal before the committee.
Deputy City Manager Peterson gave an update on the ordinance. She stated that the City staff worked with the Community Health Commission. The goal is to reduce plastic bags. The ordinance seeks to reduce the number of bags both plastic and paper and to encourage reusable bags and sanitizing the reusable bags to prevent air borne bacteria. Ms. Petersons explained the definition of check out bags and what it does not include contained in the ordinance. She read the definitions of recyclable bags and reusable bags and their content. Retail establishment is defined whether for or not-for profit and including, but not limited to restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, farmers' markets, jewelry stores household goods stores, street fairs or festivals or bazaars.
The requirements are if a retail establishment provides bags to consumers. The Public Works Commissioner has the right to promulgate regulations. The effective date is 180 days from enactment. There is an exemption for retailers from this regulations based on hardship. An extension is given for 6 months and the exemption criterion is included in the ordinance. There is a non-criminal disposition provision in the ordinance with a maximum fine of $300. Enforcement is done by Commissioner of Public Works, the License Commission, Inspectional Services and the Commissioner of the Health Commission.
Councillor Decker stated that she is proud that one of her final acts is to shepherd this ordinance. This is being done with extensive scrutiny. This is to eliminate plastic bags and its impact on the wildlife and the quality of life. Cambridge has been methodical and thoughtful about implementing this. Santa Monica, California does not pass any ordinance until they look at the environmental impact of the ordinance. It was more costly not to enact this ordinance. Many companies have opted to eliminate the use of plastic bags. She hopes there will be a partnership with the city and retailers with giving away reusable bags. She is encouraged by her children to recycle. These are big changes in behavior. Children will be more intuitive to protect the air, water and environment. She thanked the City staff for their work on this ordinance.
Mayor Davis stated that she supports the ordinance and that the city wanted to do this in a fair and practical manner and to reduce the impact on the environment. She thanked the staff and community on this matter.
Councillor vanBeuzekom stated that she was disappointed that she would not be on the City Council to make this happen. She agreed that this was done in a fair and methodical manner. She hopes the ordinance will be embraced by the retail community.
Vice Mayor Simmons stated that she commended the efforts to bring this ordinance before the City Council. She stated that she has questions about the ordinance. She spoke about retail establishments and who is included in the ordinance. She questioned how outreach would be done to farmers markets and street fairs. She also questioned how church bazaars would be affected. She questioned the exemption clause. She stated her concerns about unintended consequences and cited the way that the smoking ordinance was done.
Deputy City Manager Peterson stated the importance to reach out to farmers markets and special events. This could be done in the permitting process. This will be integrated into retail and small bus practices in the Economic Division of the Community Development Department. Church bazaars will be included in the permitting process. Vive Mayor Simmons suggested reaching out to the pastors at churches. Dinners from churches are packed in Styrofoam. Ms. Peterson stated that special outreach can be done to churches and special groups. Regarding the exemption process the Public Works Commissioner may exempt retail establishments up to 6 months if it is an undue hardship and if there is no alternative. Monthly reports need to be filed with the Commissioner of Public Works on their inventory. Vice Mayor Simmons stated that it is important to have a panel similar to what was done in the smoking ordinance so that the retailer has a place to address their concerns. Ms. Petersons stated that this is an interdepartmental working group under the authority of the Public Works Commissioner. Vice Mayor Simmons is not concerned that this be in the ordinance, but wants this in place before implementation.
Councillor vanBeuzekom questioned definition (c) of check out bag. Ms. Peterson stated that newspaper bags are exempt and advertising is not included. Councillor vanBeuzekom asked if small produce bags are exempt. No point of sale for free merchandise. Ms. Peterson stated that this ordinance is about point of sale. Bags that contain ads are exempt. The ordinance is point of sale and does not affect things given out for free. Newspaper issue was not addressed in any ordinance that Ms. Schlacter researched.
Vice Mayor Simmons commented that companies that bundle advertisements are exempt because it is not a point of sale. She stated that she wanted to see this ordinance passed to the full City Council for adoption, but wanted to know where this issue fell.
At this time Councillor Maher stated that the following e-mails were received and requested that they be made part of the record:
Communication received from Chris Greeley, Northwind Strategies, requesting the City Council to look at the issue beyond the optics (ATTACHMENT B).
Communication received from Michael Weiner, Owner, SavMor Liquors, 233 Alewife Brook Parkway, indicating that the discontinued use of plastic bags would negatively impact his establishment (ATTACHMENT C).
Communication from Brian Houghton, Vice President, MA Food Association, 31 Milk Street, Suite 518, Boston, MA, transmitting a Memorandum of Understanding signed by the Association on behalf of its voluntary participants to decrease distribution of both paper and plastic bags while increasing recycling and the sale of reusable bags (ATTACHMENT D).
Councillor Maher stated that the ban in Brookline is different than Cambridge. Independent retails situated in different communities may have difficult navigating the different ordinances. He asked how many cities and towns in the Commonwealth have this type of ordinance. Ms. Nancy Schlacter stated that there were no ordinances in the Commonwealth when she did the research. Councillor Maher asked if Brookline did outreach. Ms. Peterson stated that she did not know the Brookline process.
Councillor Maher opened public comment at 10:32am.
Antonetta Oteri asked who will enforce the requirement that consumers bring sanitized bags. If plastic bags are reused by consumers is the retail establishment liable for the consumer using these bags? She stated that there is a need for a violation definition.
Tuck Welch stated that her organization supports this ordinance. When the Charles River is cleaned up there are plastic bags and bottle debris.
Phil Sego, Mass. Sierra Club, spoke about the Brookline and Manchester ordinances which are similar to Cambridge's. In Barrington the ordinance was passed, but not implemented. The Nantucket plastic bag ordinance has been in existence for 21 years. There are other communities looking into banning plastic bags. Plastic bags are a grave concern to the Sierra Club - they last forever and are lightweight and blow away. When plastic bags break down they break down into small pieces and the micro plastics never go away and animals consume them. The micro plastics cannot be removed from the environment. There are alternatives: paper and reusable bags. If there is a charge for paper bags this only adds a minimal cost to grocery bills. This fact does not change the consumer buying groceries.
Eric Baxtrom, 2304 Mass. Avenue, stated his support for the reduction of plastic bags for the safety of wildlife and litter issues. His concern is selling cleaning supplies that leak - does it matter at the point of sale or from the shelf. He spoke about waterproofing quality of reusable bags. He would like to provide standard plastic shopping bags and favored a fee to use plastic bags versus a plastic bag ban.
Denise Jillson, Harvard Square Business Association, stated that her members expressed concern on how they do their business. She spoke about convenience and safely getting groceries home in the rain using public transportation. She asked when will this ordinance be voted on and implemented. She expressed her concern about informing her membership.
Councillor Maher stated that the City Council is wrapping up this term and a new City Council takes office in January. This matter will be forwarded to new City Council in January and questions may arise.
Deputy City Manager Peterson stated that in the education campaign there will be a shift in the way people use plastic and that the shift will be to use reusable bags. Reusable bags are being encouraged.
Vice Manager Simmons questioned how the City engages the Chamber of Commerce and the business associations in this process. Change takes time. An advertising campaign is needed to soften the impact for the smaller retailers. It is important to reach out to the smaller retailers and explain how it improves our city and state.
Councillor Maher stated that it is his hope that in January the issues of public information on sanitizing the bags would be handled and if a consumer brings in a plastic bag and reuses it how would this be handled. He asked how the issue of leaking produce, meat and fish would be handled. Can a store for a fee sell a plastic bag to a consumer if they do not have a reusable bag if the weather is inclement?
Councillor Decker stated that Cambridge will not roll something out that the City does not have all the answers for. The City will work with all business associations. This is a big change; it is happening around the country. She stated that the business community worked with the City in banning trans fats and will work together on this effort as well. Cambridge has the resources and the relationships to eliminate plastic from the environment. Cambridge is the best community to do this work. She is happy that she was able to introduce this in her last term. She is in favor of referring this to the new City Council. The goal is to change the culture.
At this time Councillor Decker made a motion to refer this matter to the new City Council with a favorable recommendation for adoption and implementation.
The motion carried on a voice vote.
ADJOURNMENT - On motion of Councillor vanBeuzekom the hearing adjourned at 10:59am.
For the Committee,
Councillor David P. Maher, Chair
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: See Mgr #7
RE: report on determining whether Councillors "replying all" to emails addressed 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)
14-03. Report from the City Manager: See Mgr #6
RE: report on the progress of the East Cambridge Kendall Square Open Space Planning Committee.
Councillor Toomey 02/03/14 (O-2)