2. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request to establish the Richard C. Rossi Housing Assistance Fund (the “Fund”), and that $35,641.46 in donations received be appropriated into this Fund.
Order Adopted 8-0-1 (Simmons ABSENT)

Mar 6, 2017
To the Honorable, the City Council:

I would like to request that the City Council establish the Richard C. Rossi Housing Assistance Fund (the “Fund”), and that $35,641.46 in donations received be appropriated into this Fund. The proposed Fund is attached hereto for the City Council’s review and approval, together with the proposed Procedures and Guidelines for the Fund.

With the retirement of City Manager Richard Rossi, the Housing Assistance Fund in his name was established through the Friends of Richard Rossi, and donations were received for this fund during the fall of 2016.

The purpose of this Fund is to provide limited emergency financial assistance to residents experiencing difficulty remaining housed Cambridge. Pending availability, the Fund will be used to assist Cambridge residents primarily in the following areas:

• First month’s rent (and, where required, last month’s) and security deposit for households needing these funds in order to lease a new unit (e.g. for an inclusionary unit) - funds could supplement funds offered through other sources including the Multi-Service Center;

• Funds for families at risk of foreclosure due to mortgage and/or condo fee arrearages - there are currently no funds available for this which can be a significant issue for lower income homeowners as fees and legal costs can quickly add significantly when an owner falls behind in payments.

• Credit repair - credit can be a big barrier to accessing housing, especially for lower income applicants with poor credit. Access to funds to address (with some limit) credit issues to repair credit could help some applicants who are now denied based on credit; and

• Funds for families at risk of homelessness due to rent arrearages - funds could supplement funds offered through other and/or be offered to households who are not eligible for other funds.

I am very pleased to be recommending the creation of this Fund and I respectfully request that the City Council approve the creation of the Fund in the form attached hereto. As City Manager and Deputy City Manager, Richard Rossi was dedicated to the creation and preservation of affordable housing and improving access to affordable housing in Cambridge. The Richard C. Rossi Housing Assistance Fund will, in Mr. Rossi’s name, continue this commitment by helping residents access new housing and assisting in efforts to keep residents with housing risks suitably housed in Cambridge.

Very truly yours, Louis A. DePasquale, City Manager

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City of Cambridge
Richard C. Rossi Housing Assistance Fund

I. Establishment of Fund. There is hereby established a fund to be known as the “Richard C. Rossi Housing Assistance Fund,” which is established in accordance with Massachusetts General Laws Chapter 44, Section 53A, with the approval of the City Manager and the City Council (the “Fund”).

II. Purpose and Use of Fund. The public purpose of the Fund is to provide limited emergency financial assistance to Cambridge residents and households (collectively hereafter “Households”) experiencing difficulty in obtaining housing or remaining housed in Cambridge. Pending availability, the Fund will be used to assist Households, primarily in the following areas:

a) First month’s (and, where required, last month’s) rent and security deposit for Households needing funds in order to lease a new unit (e.g. for affordable housing units); such funds could supplement funds offered to Households by or through other sources;

b) Funds for use by Households at risk of foreclosure due to mortgage and/or condominium fee arrearages;

c) Credit repair for Households with poor credit seeking access to affordable housing units;

d) Funds for Households at risk of homelessness due to rent arrearages; such funds could supplement funds offered to Households by or through other sources.

III. Governance of the Fund. The Fund shall be governed by a Board of Trustees, which shall consist of three (3) Ex Officio Trustees: the City’s Assistant City Manager for Community Development, the City’s Assistant City Manager for Human Services and the City’s Budget Director.

IV. Distribution and Use of Principal and Income.

a) The principal and income of all contributions received and accepted by the Trustees shall be held by the Trustees and their successors in an account to be established for the Fund (the “Fund Account”) until such time as the Fund may be dissolved, at which time all remaining funds in the Fund Account may be transferred to an established charitable tax exempt organization (with a federal 501 (C)(3) designation under the Internal Revenue Code) that includes housing assistance to low income Cambridge Households as one of its purposes.

b) All amounts received by or for the Fund will be deposited with the City Treasurer, who shall have the authority to invest the principal and income of the Fund as he/she deems proper and in accordance with Massachusetts laws.

c) The Trustees may from time to time distribute such portion or portions of funds in the Fund Account, be it principal or income, as the Trustees deem to be appropriate and consistent with the purposes enumerated in Section II above;

d) Each award of funds from the Fund Account shall require the favorable vote of at least two (2) members of the Board of Trustees;

e) The maximum award amount shall be established by a favorable vote of at least two (2) members of the Board of Trustees based upon the amount available in the Fund Account. In no event will the sum of funds awarded from the Fund Account exceed the balance available in the Fund Account.

V. Powers and Operation of the Board of Trustees.

a) The Chairperson shall be the Assistant City Manager for Community Development, who shall be responsible for convening and conducting Board of Trustees’ meetings;

b) The Board of Trustees shall meet on dates determined by the Chairperson of the Board of Trustees;

c) A quorum of the Board of Trustees shall be present at each meeting of the Board of Trustees if at least two (2) of the members of the Board of Trustees are present in person;

d) Except as otherwise herein provided, the Board of Trustees shall act by majority vote of the members of the Board of Trustees present at the meeting. Any action required or permitted to be taken by the Board of Trustees may be taken without a meeting if all members of the Board of Trustees entitled to vote consent in writing to the taking of such action without a meeting. Such written consent shall be treated for all purposes as a vote by the Board of Trustees at a meeting, and shall become part of the records of the Board of Trustees;

e) The Board of Trustees will establish and at least annually review and periodically revise written rules and regulations for the operation of the Fund and for the Board of Trustees, which may include eligibility requirements for Households assisted by the Fund, amounts of assistance made available to Households, and rules for evaluating and assessing each individual case.

VI. Amendments. Any amendments to this document must be in writing, signed by a majority of the members of the Board of Trustees, and approved by the City Manager and by the City Council.

In witness hereof, this document is made and executed this ___________ day of March, 2017.

__________________________________

Louis A. DePasquale, City Manager

Approved as to Form:

__________________________________

Nancy E. Glowa, City Solicitor

Approved by vote of City Council on _______________, 2017, certified copy of vote attached hereto:

_________________________________________

Donna P. Lopez, City Clerk

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Procedures and Guidelines for Distribution of Funds for Housing Assistance from the City of Cambridge Richard C. Rossi Housing Assistance Fund

1. Purpose. The purpose of the Richard C. Rossi Housing Assistance Fund (the “Fund”) is to provide limited financial assistance to Cambridge residents and households (collectively “Households”) who are at risk of losing housing in Cambridge. The situation of each Household that may be awarded funds from the Fund will be different and, therefore, these procedures and guidelines are hereby established by the Fund’s Trustees to assist their review and approval of requests for the distribution of these funds.

2. Procedures:

a) The City’s Housing Director (“Housing Director”) and the Director of the City’s Multi-Service Center (“Multi-Service Director”) (collectively the “Directors”) shall coordinate the intake and assessment of requests for assistance from Households.

b) Using the guidelines below, the Directors shall forward any applications they have reviewed and approved to the Fund’s Board of Trustees pursuant to Section III of the Fund for approval and disbursement.

c) The Board of Trustees will discuss the merits and circumstances of any such request and the pending availability of funds, and will take a vote to approve or deny the request. An approval requires a written vote of 2/3rds of the members of the Board of Trustees or better.

d) The Directors and the Board of Trustees shall use the following guidelines when conducting their determinations.

3. Guidelines:

a) The Household must have the ability to share in the costs of continuing residency in Cambridge;

b) The financial emergency must be temporary in that the head/s of the Household has been out of work due to loss of job but is actively looking for work;

c) The disbursement to any Household from the Fund will be limited so that the Fund’s assets can be used to assist multiple Households;

d) The disbursements to Households will be paid directly to the Household’s landlord, credit repair agency, or other service providers, as may be appropriate and as determined by the Board of Trustees.

These Procedures and Guidelines were approved by a vote of the Board of Trustees on ____________________________, 2017.

_____________________________________________

Iram Farooq, Assistant City Manager for Community Development

_____________________________________________

Ellen Semonoff, Assistant City Manager for Human Services

_____________________________________________

Jeana Franconi, Budget Director

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AGENDA ITEM 2     MAR 6, 2017
WHEREAS: Former City Manager Richard C. Rossi was a tireless champion for Cambridge residents in need of affordable housing; and
WHEREAS: Generous private individuals and organizations in the Cambridge community have in the past and will in the future want to contribute financial support to Cambridge residents who in cases of financial emergency are having difficulty remaining affordably housed in Cambridge; and
WHEREAS: The City of Cambridge is authorized by Massachusetts General Laws Chapter 44, Section 53A to accept grants and gifts of funds and to expend those funds with the approval of the City Council and the City Manager for the purposes of the grants and gifts without further appropriation; now therefore be it hereby
ORDERED: That the City Council go on record voting to create the Richard C. Rossi Housing Assistance Fund; the purpose of which is to provide limited emergency financial assistance to residents experiencing difficulty remaining housed in Cambridge.

RESOLUTIONS
1. Celebrate Peter Valentine’s contributions to the City of Cambridge.   Councillor Mazen, Mayor Simmons

Resolution #1     Mar 6, 2017
COUNCILLOR MAZEN
MAYOR SIMMONS
WHEREAS: Peter Valentine‘s Cosmic Moose and Grizzly Bear fence makes us see the world in new ways and is an oasis of creativity and imagination that is an antidote to the humdrum; and
WHEREAS: Peter has dedicated his life to keeping Cambridge, the Commonwealth, the United States, the World, and the Universe safe and in balance with his electromagnetic arts, intentional thinking and breathing, and constant vigilance; and
WHEREAS: To this purpose, Peter has submitted hundreds of communications to the City of Cambridge and committed countless days and nights to working to keep us safe; and
WHEREAS: Peter has shared many a good civic idea, including one for the photo mural of Modica Way at Central Square; and
WHEREAS: Peter’s playful, colorful, and independent spirit, his creations, and his words remind us that humanity is at the heart of it all; and
WHEREAS: Peter regularly makes our lives richer with his wisdom and whimsy; now therefore be it
RESOLVED: That on this day, 6th of March, we celebrate Peter Valentine, recognize his many civic contributions, and publically acknowledge his gifts to Cambridge and the wide world beyond.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a communication from Councillor Craig A. Kelley, regarding Open Meeting Law Training.

Craig A. Kelley
City Councillor

Mayor E. Denise Simmons
City Hall, 2nd Floor
795 Massachusetts Ave.
Cambridge, MA 02139

Feb 28, 2017

Mayor Simmons:

According to the State's webpage on Open Meeting Law (OML) Determinations, the Office of the Massachusetts Attorney General has issued determination letters in response to alleged OML violations in Cambridge fifteen times since July 2012. Ofthese, the Attorney General's Office found a Cambridge public body had violated OML in three instances.

This body was found to have violated OML in 2013, when "four council[l]ors crafted an order ... which was then emailed to the remaining five council[l]ors for co-sponsorship prior to the next Council meeting." Since that determination, the Council has taken steps to avoid even incidental deliberations on public policy outside of the public's view. We no longer see, as an example, nine cosponsorships on matters before the Council, as was common prior to 2013.

That rightful rebuke, however, has had a chilling effect on Council activities beyond the scope of Massachusetts OML, or for which the law provides clear exemptions. I have witnessed OML violation invoked across a spectrum of situations: from listening to public presentations out in the community, to the trivial – drinking coffee in the same room.

In fact, the Office of the Massachusetts Attorney General describes three exemptions that are applicable to this body:

1. Members of a public body may conduct an on-site inspection of a project or program; however, they may not deliberate at such gatherings;

2. Members of a public body may attend a conference, training program or event; however, they may not deliberate at such gatherings; and

3. Members of a public body may attend a meeting of another public body provided that they communicate only by open participation; however, they may not deliberate at such gatherings.

Deliberation, a key determinant to whether a violation had occurred, is defined by the OML as "an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction."

While maintaining practices that avoid violations and engender the public's trust in our transparency, we may also benefit from a better understanding of what the Massachusetts OML allows. Misunderstanding of OML restraints should not curtail our public service and engagement.

The Division of Open Government in the Attorney General's Office offers trainings on OML requirements. The City hosted such a training on September 17, 2015, in Cambridge's Main Public Library, but it may be time for a refresher.

I recommend that the City work with the AG's office to schedule a public training prior to a Council meeting so as to allow Councillors, City staff, and members of the public – who may also benefit from a better understanding of the law – to attend.

Sincerely,
Craig Kelley

TEXT OF ORDERS
O-1     Mar 6, 2017
VICE MAYOR MCGOVERN
MAYOR SIMMONS
COUNCILLOR MAZEN
WHEREAS: The City of Cambridge has historically been a proud supporter of Immigrants, including Undocumented Immigrant Rights; and
WHEREAS: Since 1985 Cambridge has been a Sanctuary City; becoming one of the first communities to enact such important legislation; and
WHEREAS: The Cambridge City Council supports The American Civil Liberties Union of Massachusetts in calling on Governor Charlie Baker to end the state's participation in a partnership program with Immigration and Customs Enforcement; and
WHEREAS: The 287(g) program trains local law enforcement officers on certain customs enforcement operations, which are likely to expand following President Trump's executive orders and under the program, select state and county law enforcement officers are trained to perform tasks typically carried out by immigration enforcement agents; and
WHEREAS: ACLU of Massachusetts, noted that it's time for the state to pull out of the agreements; now therefore be it
RESOLVED: That the Cambridge City Council supports the ACLU's call for Massachusetts to withdraw from the 287(g) program; 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 local organizations supporting this action, including the American Civil Liberties Union of Massachusetts (ACLU), Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) and The Immigrant Advocacy Group of Cambridge (IAGC) and to the Cambridge delegation at the State House on behalf of the City Council.

O-2     Mar 6, 2017
COUNCILLOR CHEUNG
ORDERED: That the Ordinance Committee be and hereby is requested to hold a hearing on the future of zoning in Alewife and to review previous zoning changes made to the area; and be it further
ORDERED: That the City Clerk be and hereby is requested to work with the Assessor’s Office to invite all landowners in Alewife to the hearing.

O-2 Amended     Mar 6, 2017
COUNCILLOR CHEUNG
COUNCILLOR DEVEREUX (substitution)
ORDERED: That her Honor the Mayor be and hereby is requested to schedule a Roundtable/Working meeting of the City Council to discuss the progress and planning on Envision Alewife with the Community Development Department and Utile.

O-3     Mar 6, 2017
COUNCILLOR DEVEREUX
COUNCILLOR KELLEY
WHEREAS: It has come to the attention of the City Council that that Cambridge Water Department removed about 23 trees on City-owned property behind Watertown Town Hall in February 2017; and
WHEREAS: The trees were removed along the Stony Brook conduit, which brings water to Cambridge from the Stony Brook Reservoir and the Hobbs Brook Reservoir, and encompasses seven miles through Waltham and Watertown; and
WHEREAS: It is the best practice of many water systems, including the Cambridge Water Department, to keep all property containing water structures clear of trees roots or other obstructions; and
WHEREAS: Through various inspections over many years, the Water Department had difficulty in locating access manholes along the conduit due to heavy vegetative growth, and thus a decision was made to clear the conduit of trees covering buried manholes and trees with a large diameter whose roots might be growing in the pipe; and
WHEREAS: The City Manager provided an email explanation to the City Council on Fri, Feb 24, 2017, but Watertown and Cambridge residents have expressed deep concern over the decision-making process and some confusion about the next steps of this project; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on how the City can mitigate the impact of work to the conduit property in Watertown and how it will be managed in the future, what efforts can be made to preserve the two mature trees that were marked but not removed, and how to involve the Watertown Tree Warden and Watertown Town Council in ensuring that Cambridge’s right to protect its water conduit is carried out while also preserving harmonious relations with the residents of Watertown.

O-6     Mar 6, 2017
COUNCILLOR CHEUNG
WHEREAS: On Wed, Mar 1, 2017, the Public Safety Committee conducted a public hearing on draft language for short-term rental regulations with the goal that they be sent to the Ordinance Committee; now therefore be it
ORDERED: That the Ordinance Committee be and hereby is requested to hold a public hearing on the draft language from that meeting as soon as possible.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Human Services and Veterans Committee held a public hearing on Jan 17, 2017 beginning at 3:03pm in the Sullivan Chamber to conduct a public hearing to receive an update from the Homelessness Task Force, updates on the creation of a Homelessness Trust Fund and sobering centers, and an emergency cold weather plan for the homeless and how the City and Police Department work with homeless enclaves in the City, including at the Route 2/Route 16 intersection.

Present at the hearing were Vice Mayor McGovern, Chair; Councillor Devereux; Councillor Mazen; Louis DePasquale, City Manager; Lisa Peterson, Deputy City Manager; Ellen Semonoff, Assistant City Manager for Human Services; Shelly Chevalier, Planning and Development Manager, Human Services Department; Cassie Arnaud, Housing Project Planner, Community Development Department (CDD); Arthur Goldberg, Deputy City Solicitor; Jeana Franconi, Budget Director; Fred Cabral, Sergeant; Christine Elow, Deputy Superintendent; Matt Nelson, Community and Strategic Partnerships Coordinator, Cambridge Police Department (CPD); Claude Jacob, Chief Public Health Officer; Jose Wendell, Director of Population Health Initiatives; Mary Kowalczuk, Manager of Substance Abuse and Prevention Programs, Cambridge Public Health Department (CPHD); Mike Johnston, Deputy Executive Director, Cambridge Housing Authority (CHA); Will Durbin; Jamila Bradley; and Paula M. Crane, Deputy City Clerk.

Also present were Cheryl-Ann Pizza-Zeoli, Elaine DeRosa, Mark McGovern, Jim Sherer, Major Tom Babbitt, Rachel Smith, Sara Meek, Maria Melo, Amanda Tresback, Mary Shannon Thomas, Dillon C. Harvey, Sarah Rosenkrantz, Catherine Pemberton, Jeremy Burke, John Hixon, Ethan Balgley, Hasson Rashid, Meg Alfoni, Ronnie Springer, and Bill Taylor.

Vice Mayor McGovern convened the hearing and stated that the topics of the meeting were comprised of various Policy Orders that were referred to the Committee regarding homelessness. He stated that this is not the final conversation on the subject. He thanked all present. He stated that he has many conversations with providers and he is not always sure that the City side work is what providers say is worth the energy.

Ellen Semonoff stated that Mr. Jacob, whose team led a group talking about sobering centers, has to leave so she turned attention to Mr. Jacob.

Claude Jacob stated that at the June 20, 2016 City Council meeting, Vice Mayor McGovern issued a policy order that the City Manager work with the appropriate City departments and nonprofit leaders to discuss the creation of sobering centers and a Cold Weather Plan prior to the winter of 2016 and report back to the City Council on these plans. He stated that in September of 2016, the Cambridge Senior Policy Group on Homelessness (SPGH) held its quarterly meeting and on the agenda for that meeting was the discussion of the Policy Order. He stated that the identified next step from that meeting was to follow-up with Cambridge’s state level partners about a sobering center for financial and ideological support. He stated that in December of 2016, the Cambridge Public Health Department hosted the first part of an informational session and invited representatives from the Massachusetts Department of Public Health (MDPH) and City of Cambridge providers and partners. He stated that the two major points of discussion became funding of a sobering center and location of said sobering center. He stated that the MDPH suggested that the group work on a concept paper about sobering centers with consideration for a pilot project including issues related to location, staffing, capacity, services provided, end users and funding. He stated that the identified next steps are to have the CPHD provide a summary of funding models for the next meeting. Additionally, Mr. Jacob stated that the group should start to outline the details for a pilot program. He noted that the group agreed to reconvene in early 2017 and will report back to the members of the Senior Policy Group on Homelessness. As a point of reference, Mr. Jacob stated that the definition of a sobering center is anyplace inside where someone can sober up. He stated that the shelter at 240 Albany Street has the perceived designation but does not provide the full array of services (medical, social, etc.) that would meet the definition which would include the capacity to provide medical monitoring or other services that a “typical” sobering center provides.

Vice Mayor McGovern asked what would one like to see in one of these sobering centers. Mark McGovern, Health Care for the Homeless Program, CHA, stated that he saw a presentation by group in San Francisco that has been operating a sobering center. He said that he was surprised at how many came into the sobering center that had to be transported to the Emergency Room. He stated that they provide a bed, oral hydration and monitoring of vital signs. He said that when the person is sober, they are provided with a sandwich and soup. He noted that this facility is operated by nurses 24 hours a day and 7 days a week. He stated that once a person has received hydration, food and can ambulate safely, they are allowed to leave the facility. He explained that further services are given if they are requested. Mr. McGovern noted that a person can come back as often as they would like. He stated that people enter this facility via friends, family, police, or outreach teams.

Vice Mayor McGovern stated that if the City of Cambridge begins such an endeavor, it is important to get it right and ensure that it is effective. He said that does not want a pilot program to get in the way of something that is simple and straightforward. He asked Mr. Jacob for an expected timeline in which the CPHD will bring forward information. Mr. Jacob responded that there is not timeline for the proposal but added that they are looking at best practices. He noted the need to figure out best model that could work in the City of Cambridge. He stated that it is possible that they will have information in the spring.

Councillor Devereux stated that she would want to know what is the simplest model to look at for this center. She said that she does not know what the staff to client ratio should be but noted that the City should look at the easiest model that can be done immediately as a pilot program.

Mr. Jacob stated that the questions that come up when discussing the piloting of such a program are about location, staffing models, funding, identifying primary targeted participants and capacity. He stated that this is the type of robust information that will be compiled and then shared with the Committee. Mr. McGovern stated that the Cambridge Health Alliance treats many people in the Emergency Department for this purpose and that is so much more expensive to do this work in the Emergency Department as opposed to a sobering center. He stated that he believes that the homeless people should be the target group. He said that these individuals are too intoxicated to be in the BAY COVE shelter so they sit in the waiting area while determining if they get bed. He added that he believes that there is a need for 5-6 beds for this type of pilot program.

Councillor Mazen stated that he does not understand what the bottleneck is. He stated that the CPHD has been working on this issue and he would like to see a next step. Mr. Jacob stated that the CPHD is conferring with partners at the State who have a unit specific to the design of sobering centers and explained that these partners have acknowledged challenges in the funding mechanism. He noted the need for a vetted game plan in regards to a pilot program. He added that while outside funding is a possibility, there is not a dollar amount that has been requested.

Vice Mayor McGovern responded that the City is in budget mode and if this is going to require some allocation by the City, he would like a better sense for next year’s budget. He stressed that now is the time if the City is going to allocate money.

Mary Shannon, MetroBoston Homeless Services, stated that a very important topic to the conversation is the issue of location. Mark McGovern stated that his first thought is that the BAY COVE shelter would need to have a good influx of money in order to make the facility appropriate as well as having the appropriate staffing. He stated that ideally it would be great for such a facility to be in close proximity to the Emergency Department. He stated that finding a location may not be easy. He said that he believes that there would not be a big cost savings to the Cambridge Health Alliance but there would be a cost savings to MassHealth as they would no longer be paying for Emergency Department visits.

Sergeant Fred Cabral stated that one issue is that if a sobering center cannot accept a person via ambulance, a person may not have the means to get to the sobering center and this may limit some people from utilizing this service. He stated that the CPD is not prepared to transport individuals.

Ellen Semonoff stated that good things are simple but that doesn’t mean they are not worth pursuing. She introduced Shelly Chevalier and stated that some of the recommendations that Ms. Chevalier will discuss include short-term and long-term recommendations and connect to other planning things that the City Council is looking at in terms of affordable housing and ways in which to support the lowest income residents.

Ms. Chevalier stated that she appreciates the tradition of holding this space to have a conversation related to homelessness. She stated that City employees in this field of work have regular opportunities to have conversations with providers. She stated that she is also speaking as a part of the Cambridge Continuum of Care. She stated that the Human Services Department receives approximately $4 million dollars per year that is contracted out to providers for planning activities related to the homeless. She stated that part of the process was a 15-member steering committee to guide this process. She explained that the steering committee met every other week for 8 months before the homeless charrette event and after it was over, people stayed on to help formulate the recommendations. She then gave a summary of a PowerPoint presentation titled Finding Solutions to Homelessness in Cambridge and Recommendations from the Cambridge Charrette on Homelessness (ATTACHMENT A). Ms. Chevalier noted that these recommendations will be folded into the Cambridge Envision Process. She noted that this is the phase where the real strategic planning will occur. She stated that 11 of the 29 recommendations are being actively implemented in the first half of the year.

Mary Shannon said that, as someone who participated in the process, her concern is that it has been 18 months since the charrette and while there are a lot of good goals, concrete things are not happening. She stated that there are things that are low hanging fruit and she wondered about a concrete timeline for these things. She stated that so many things are in process or are being discussed and while she understands some are major changes, there are things that can be accomplished in a straightforward process. She asked if there are concrete outcomes that will be seen. Ms. Chevalier responded that while there are a few things on the list that are within the current control given the current resources, there are a number of other things that need to be moved forward such as addressing the housing crisis which is the center of all. She noted that this still does not answer the resource issue. She stated that there are things moving forward relative to Inclusionary Housing work and what it comes down to is that there is the smaller list of things that can be done with current resources and another list of things that ought to be priorities that do not have resources.

Mary Shannon stated that she does not know how much engagement is needed to coordinate some of the vouchers that could become available. She stated that some vouchers are not tied to the CHA. She asked how this has been explored or investigated. Ms. Semonoff stated that it sounds as if the Boston Housing Authority has some resources that they are able to make available and noted that the city should certainly look at that. She stated that this is a wonderful idea. She stated that there are a number of things that depend a lot on the budget and the City Council. She said that even when looking at Inclusionary Zoning and the issue of the recommendation of set-aside units for the homeless, there is a huge number of demands so some of this work is decision-making on the part of the City Council and some is via budget requests. She stated that in this year’s budget there has been a 50% increase of city funds for rental assistance that are used as prevention funds that keep people from being evicted.

Vice Mayor McGovern stated that movement and momentum is important for the people on the ground doing the work and it is important for the City Council to see that there is movement. He stated that there are recommendations and the City has gone through the Inclusionary Zoning process. He noted that recommendations for funding allocations are a different type of recommendation. He asked who is responsible to bring these recommendations to the attention of the City Council. He asked if it is something that will come before the City Council at budget time or is it up to the City Council to make these recommendations. Ms. Semonoff responded that it is both. She noted that there are specific recommendations that the Department of Human Services can make and there are some decisions that the City Council can make when setting their goals. She stated that the decisions that the City Council make will further the work.

Councillor Devereux noted that she participated in all of the hearings on Inclusionary Zoning and she does not think that the consideration of set-asides was discussed. She noted that there has been talk regarding supportive services but she has not heard about integrating homeless persons into the Inclusionary program. She said that she does not know how this would work and added that it has never been seriously suggested to the Housing Committee. She stated that she has questions about how this folds into the Envision Cambridge process.

Vice Mayor McGovern responded that it was at the first summit meeting with Boston that set-asides in their Inclusionary Ordinance were discussed. He stated that it depends on why the person is homeless and whether or not Inclusionary has been successful for them or not. He stated that the City Council has to think about having more control over housing projects. He said that there should be a lot more say in what a project looks like. He stated that when you talk about putting in five units for people struggling with addiction, people in the neighborhood will not share in that priority. He stated that no child he has ever spoken with has said they want to be homeless or an addict. He stated that is where we have to build up the political support. He stated that this topic was not discussed in the Housing Committee in relation to Inclusionary Zoning. Ms. Semonoff stated that we must look at the pathway issue with the CHA and others to look at existing resources differently to make this happen.

Vice Mayor McGovern questioned what will happen with HUD with the new presidency. He stated that he is not terribly optimistic. He asked if there has been thought about what will happen when we have to come up with other funding streams in order not to cut services. Ms. Semonoff responded that the City Manager did talk about the $14-15 million dollars that comes to the City from the federal government. She noted that $4.5 million is sanctuary city money so we are at risk. She stated that currently the City does not have any idea about which pieces of HUD funding are most at risk. She stated that in some ways it is possible that this particular funding may be the least at risk but permanent housing for the homeless may continue to be a priority for HUD. She stated that there is not a city plan at the moment for what the City would do to replace the $4.5 million dollars.

Vice Mayor McGovern asked about the Homeless Trust Fund. Ms. Semonoff stated that this was proposal made to the City Council and the Continuum of Care Board to take a look at. She noted that while the members were interested, there are some challenges. Liz Mengers stated that the idea is a fee-based trust fund that then is managed similar to the Continuum of Care where there is advisory board overseeing the funds and using that money specifically for homeless services. She stated that there was a lengthy discussion and after the board meeting the full membership of the Continuum of Care Board did not come to consensus about this trust. She noted that there was hesitation around the funding mechanism. She stated that there was also hesitation related to duplication of the structure of service provision because a lot of the draft ordinance referenced existing services. She stated that there was interest and support in the concept but there are questions on the mechanics and details. Vice Mayor McGovern asked if there will be continuing conversation regarding a Homeless Trust Fund. Ms. Mengers replied that it is her understanding that it will come back to the Continuum of Care Board. Ms. Chevalier stated that this was proposal from Mr. Rashid and the intent was to hear more about the proposal since it was not proposed by the City. Vice Mayor McGovern stated the need for additional conversation regarding a Homeless Trust Fund. Ms. Semonoff stated that she will get back to the Committee with a recommendation. She said that in general, it is questionable if it would make a lot of sense to add another formal mechanism for collecting fees, where it is not exactly clear from whom, to create another trust fund.

Ms. Peterson stated that she has not looked at the proposal in great detail but it may be helpful for members of the fiscal staff to add additional value. She said that in terms of the needs assessment, they want to get this report finalized and submitted to the City Council. She stated that it is her hope that this is done before Jan 30, 2017.

Vice Mayor McGovern asked about the winter plan. Liz Mengers gave an overview of the Cambridge 2016-2017 Winter Plan for Persons Experiencing Homelessness (ATTACHMENT B).

Vice Mayor McGovern asked the service providers how it would work in terms of staffing and services if capacity were to expand. Ronnie Springer, BAY COVE, stated that their shelter director recently resigned so Jason Ramirez is the Interim Director. She stated that they have been at capacity most nights since October. She said that they do have fluid expansion. She said that they can expand on any given night for any given reason. She thanked the City for the extra cots at the shelter which has been a great help. Ms. Springer said that they declare their own emergencies when the weather is bad. She stated that unless someone has been a danger to self or others, anyone is welcome to come in. She noted that people can always shelter for the evening without extra staff being brought in. She stated that it would be helpful to have a police detail in the shelter when they are particularly overbooked. Ms. Springer commented that the response time of the CPD has been great. She said that she wishes there was more money for case management services and more money in the food budget. She stated that the support that they receive makes all the difference in the world. She stated that there have been real strides in the number of overdoses and violence in the shelter due to partnerships that have been created. Vice Mayor McGovern stated that funding is always in issue in social services and he asked if Ms. Springer if Bay Cove works with Food for Free and Loving Spoon. Ms. Springer responded in the affirmative.

Mary Shannon stated that the biggest concern is that when looking at the shelter list, there are some basic questions and details that need to be hashed out. She stated that not all of these emergency shelters have the capacity to expand. She stated that people have been at capacity and there are folks still sleeping outside. She said her concern is what is in place for people in the event that the weather gets dangerous. She said that 35 degrees and wet is just as dangerous as -15 degrees. She noted the need for an alternate spot for those who will not cross the threshold.

Ms. Springer stated that Boston has created the Boston Night Center which serves a meal. She explained that people come and go. She added that there is an identified group of people in Boston who will not shelter so this has become a solution. She said that last winter they opened a warming center that was open later in the evening but explained that people who entered could not leave until the morning.

Mark McGovern stated that it gets complicated when a person has a shopping cart and a couple of dogs. He said that staffing a warming shelter is something that one can scrimp on. He stated that some of the services that happen every day are more intensified during the winter months. He thanked ProEMS, CPD, Bay Cove and the Salvation Army and said that without these organizations, there would not be a winter plan. He stated that a nighttime warming center would be beneficial. He stated that another problem is that once you open something like that and then try to close it in the spring, the community is against this.

Vice Mayor McGovern stated that because the City relies on partnerships with non-profits so much, it is important to think about if the City is helping enough. He stated that it is important for the City to help the non-profits financially.

Vice Mayor McGovern asked the representatives from the Cambridge Police Department about the people who are sleeping under the highway and what is the City is doing to ensure that people are safe. Sergeant Cabral stated that homeless officers are doing constant outreach. He said that Alewife is always an area of attention and added that parts of the Alewife area are under State jurisdiction. He stated that the State has a Sergeant assigned to homeless issues but added that he has quite a large area to cover. He stated that the problems tend to be more in Arlington and Belmont. Vice Mayor McGovern asked Sergeant Cabral where people should direct their concerns. Sergeant Cabral stated that people can contact the CPD who will then notify the State Police if necessary. He stated that this group tends to be transient and added that during the summer, another group popped up on the Cambridge/Belmont line. He stated that he will talk to his officers for an update. Vice Mayor McGovern stated that he looks forward to the response.

Public comment began at 4:54pm.

Hasson Rashid read from a prepared statement (ATTACHMENT C).

Dale Harvey, 173 Hampshire Street, stated that he it is important to think about accessibility when thinking about a warming center. He noted the need to think about transportation options because a lot of people don’t get to move around a lot. He stated that we must be mindful of all bodies to be included in the conversation. He said that information needs to be blasted out publicly as there are many people who would like to be involved in these pilot efforts.

Public comment closed at 5:00pm.

Vice Mayor McGovern made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments regarding the feasibility of a Homelessness Trust Fund and report back to the City Council on this matter.

The motion passed.

Vice Mayor McGovern made the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments regarding the feasibility of creating a warming shelter in the City of Cambridge and report back to the City Council on this matter.

The motion passed.

Vice Mayor McGovern thanked all those present for their participation.

The hearing adjourned at 5:04pm.

For the Committee,
Vice Mayor Marc C. McGovern, Chair

Committee Report #2
The Ordinance Committee, comprised of the entire membership of the City Council, held a public hearing on Feb 15, 2017 beginning at 3:23pm in the Sullivan Chamber. The purpose of the hearing was to conduct an additional public hearing on a proposed amendment to the Municipal Code in Chapter 8.28 entitled “Restrictions on Youth Access to Tobacco Products" and on "Definitions for Prohibition of Smoking in Workplaces" to expand the definition of “Workplace” to include construction sites.

Present at the hearing were Councillor Cheung, Co-Chair of the Committee; Councillor Kelley; Councillor Toomey; Mayor Simmons; Sam Lipson, Director of Environmental Health, Health Department; Arthur Goldberg, Deputy City Solicitor; Ranjit Singanayagam, Commissioner of Inspectional Services Department; and Donna P. Lopez, City Clerk.

Councillor Cheung convened the hearing and stated that the meeting was being privately recorded. He outlined the format of the hearing.

Councillor Kelley, the petitioner, spoke about preventing construction fires which will protect all workers at worksites against fire accidents. He stated that he is proposing an amendment to the Municipal Code in Section 8.28 by expanding the "workplace" definition. He stated that this is a simple fix with a big impact. He had a PowerPoint Presentation (ATTACHMENT A). His proposal would strike the current definition and insert in place thereof the following new definition:

WORKPLACE. Any area or structure, whether enclosed or unenclosed, under the control of an employer at which one or more employees perform services for their employer. Workplace includes, but is not limited to, hallways, stairwells, lobbies, elevators, restroom facilities, work areas, construction sites, temporary offices such as trailers, and vehicles. Workplace shall not include any space specifically and clearly designated by the employer as an outdoor smoking area for employees only. Councillor Kelley stated that cigarettes cause construction fires and are an unenforced error. Cigarette related fires can be controlled. He added that construction sites do not have functioning fire alarms or suppression systems. He spoke about smoking prohibited at construction sites in New York per the Fire Code. He spoke about proper notice and support for the regulation. He mentioned the Dec 3rd fire in Cambridge that displaced 100 residents and the 18 structures damaged beyond repair. This was caused by cigarette smoke material which started in a nearby building. He stated that this type of fire can be prevented. The cause of the fire was careless disposal of smoking material by subcontractors working at the site on the day of the fire. He discussed the May 30, 2015 three alarm blaze at MLK Jr. School which was also caused by the careless disposal of smoking material. He stated that smoking on the job is a recipe for disaster. Second hand smoke is a problem for blue collar workers. He stated that support needs to be provided for those who may want to quit smoking. Second hand smoke is dangerous and it is worth regulating. He spoke about second hand smoke around hotels. This proposal is to expand the definition of workplace to include construction sites. He wanted the workers protected on construction sites and to protect construction sites.

Mayor Simmons agreed with Councillor Kelley. She stated that if we are being proactive to prevent the next tragedy the City should be expeditious about this. She wanted developers to know that the City has standards to keep the City safe. She wanted this moved along quickly. The work is not huge but the impact is huge. Councillor Kelley stated that at the Cambridge Street site there are places where there can be safe places to smoke at construction sites. Mayor Simmons stated that this cannot be close to abutters and adjacent sites. She wanted the regulations to contain a specific distance away. Councillor Kelley stated that there may not be a safe place for smoking on construction sites. He stated that this definition needs to be changed. Mayor Simmons stated that she has problems with the last sentence of the definition. Mr. Lipson stated that he had a problem with the definition. Mayor Simmons wanted clarity. Councillor Kelley wanted approval by the Inspectional Services Department. Councillor Kelley stated that if there is a site where there is no smoking, he wanted this to work for employees, and for the employer to designate a smoking site. Mr. Lipson stated that having a control area it can impact others. Councillor Kelley stated that sites can be designed by the Inspectional Services Department who should promulgate the regulations. Mr. Lipson stated his concern because the Health Department regulates smoking in the workplace. The distinction is important.

Councillor Cheung stated that he wanted employers to have a designated smoking site at the workplace. This is not enforced and slips through the cracks. Mayor Simmons commented on a large worksite where people congregate to smoke and use receptacles to discard debris. This is important for safety issues and proper disposal of debris.

Mr. Singanayagam stated that construction sites can be enforced. Mr. Lipson expressed concern with creating an unintentionally broad definitions, signage, and construction on private property and is complaint driven.

Mayor Simmons stated that when the ordinance is adopted there should be signage "No Smoking" and complaints reported to the Inspectional Services Department. She asked if there is a list of regulations or rules given to contractors when they start construction. Mr. Singanayagam stated that he can make sure that construction sites are protected. Mayor Simmons stated that she cannot smoke on the sidewalk at the Public Gardens and workers at construction sites can smoke. Mr. Singanayagam stated that signage could be installed that there is no smoking and Inspectional Services Department can enforce through the regulatory process. Councillor Kelley stated that a landscape gardener is also a business that cannot smoke. Mr. Lipson stated that if this is a complaint driven system it can be enforced. He stated that he did not want any contradiction. Councillor Kelley noted that what is being suggested is that smoking can only occur in a designated areas.

Deputy City Solicitor Goldberg stated that given the regulatory authority this can be done by those who enforce the ordinance. Mr. Singanayagam stated that he had concerns with employers. Homeowners could be considered an employer. Councillor Kelley moved to amend the definition of workplace to read as follows:

WORKPLACE. Any area or structure, whether enclosed or unenclosed, under the control of an employer at which one or more employees perform services for their employer. Workplace includes, but is not limited to, hallways, stairwells, lobbies, elevators, restrooms facilities, work areas, construction sites, temporary offices such as trailers, and vehicles. Workplace shall not include any space specifically and clearly designated by the employer, and approved by the Public Health Department, in the case of all non-construction related workplaces and Inspectional Services Department for any projects involving a building permit, as an outdoor smoking area for employees only.

Councilor Cheung opened public comment at 4:07pm.

John Hawkinson, 2 Clinton St., stated that he wanted clarity about the recent incidents were they related to cigarettes or combustible material.

On a motion of Councilor Toomey public comment was closed at 4:08pm.

Councillor Cheung moved the definition of Workplace as amended by Councillor Kelley. The motion carried on a voice vote of three members.

Councillor Toomey moved that the matter be forwarded to the full City Council with a favorable recommended and on a voice vote of three members the motion - Carried.

Councillor Cheung thanked all those present for their attendance.

The hearing adjourned at 4:10pm.

For the Committee,
Councillor Leland Cheung, Co-Chair
Councillor Dennis Carlone, Co-Chair