Cambridge City Council meeting - May 9, 2016 - AGENDA
[Vice Mayor McGovern was ABSENT]
RECONSIDERATION
1. Councillor Devereux filed reconsideration of the vote taken at the City Council meeting of May 2, 2016 on Calendar Item #1, the same being an application from MexiCali Burrito requesting a sandwich board sign in front of the premises numbered 500 Technology Square, referring this application to the City Manager with power.
Reconsideration Failed 4-4-1 [Carlone, Cheung, Devereux, Mazen YES;
Kelley, Maher, Toomey, Mayor Simmons NO; Vice Mayor McGovern ABSENT]
CITY MANAGER'S AGENDA
1. A communication transmitted from Richard C. Rossi, City Manager, relative to the appointment of the following persons as a members of the Conservation Commission for a term to expire November : Dorothy Altman, Edward Pickering, Purvi Patel
May 9, 2016
To the Honorable, the City Council:I am hereby transmitting notification of the reappointment of the following members of the Conservation Commission:
Dorothy Altman (term expires July 31, 2018)
Ms. Altman is a lifelong resident of Cambridge with a background in Urban Planning. Dorothy provides valuable institutional knowledge of previously permitted projects in Cambridge. She is also a strong advocate for Stewardship along the Charles River.Ted Pickering (term expires June 30, 2018)
Mr. Pickering is a registered Professional Environmental Engineer with superior knowledge of the Wetlands Protection Act. Ted joined the Commission in 2012 and has served the City of Cambridge well.Purvi Patel (term expires June 30, 2018)
Ms. Patel joined the Commission in 2012. Purvi has a professional background in regulatory compliance and the Wetlands Protection Act. She also has a strong background in volunteer work.Very truly yours,
Richard C. Rossi, City Manager
2. A communication transmitted from Richard C. Rossi, City Manager, relative to the appointment of the following persons as a members of the Fresh Pond Master Plan Advisory Board effective May 9, 2016: Janice Snow (3-year term) Jim Barton (3-year term) Janet Burns (2-year term) Deborah Masterson (3-year term) Ann Roosevelt (3-year term) Claudia Thompson (2-year term) Susan Agger (2-year term)
May 9, 2016
To the Honorable, the City Council:I am hereby transmitting notification of the appointment of the following persons as members of the Fresh Pond Master Plan Advisory Board effective May 9, 2016:
Janice Snow (3-year term)
Ms. Snow was part of the original Fresh Pond Master Plan Committee, is a neighborhood representative and was elected Chair of the current Fresh Pond Master Plan Advisory Board in 2011.Jim Barton (3-year term)
Mr. Barton was part of the original Fresh Pond Master Plan Committee, is a neighborhood representative and is the resident “Bird” expert as part of the current Fresh Pond Master Plan Advisory Board.Janet Burns (2-year term)
Ms. Burns was part of the original Fresh Pond Master Plan Committee and is the Plant & Garden Club Committee on Public Planting representative of the current Fresh Pond Master Plan Advisory Board.Deborah Masterson (3-year term)
Ms. Masterson is a neighborhood representative as part of the current Fresh Pond Master Plan Advisory Board.Ann Roosevelt (3-year term)
Ms. Roosevelt was part of the original Fresh Pond Master Plan Committee and is the Water Board representative of the current Fresh Pond Master Plan Advisory Board. She is also the current President of the Cambridge Water Board.Claudia Thompson (2-year term)
Ms. Thompson is a neighborhood representative since 2009 as part of the current Fresh Pond Master Plan Advisory Board.Susan Agger (2-year term)
Ms. Agger is the School Department Science representative of the current Fresh Pond Master Plan Advisory Board.Very truly yours,
Richard C. Rossi, City Manager
3. A communication transmitted from Richard C. Rossi, City Manager, relative to a Planning Board recommendation to adopt the Richard Avenue Neighbors (Stern, et al.) Zoning Petition.
Referred to Petition
4. Transmitting Communication from Richard C. Rossi, City Manager, relative to the appropriation of a grant from the Urban Areas Security Initiative (UASI) through the City of Boston’s Office of Emergency Management for $8,790 to the Public Investment Fund Fire Extraordinary Expenditures account for the installation of cameras to monitor fire apparatus, radio infrastructure, and computer networks.
5. Transmitting Communication from Richard C. Rossi, City Manager, relative to the transfer of $50,000 from the General Fund Employee Benefits (Insurance) Salary and Wages account to the General Fund Finance (Personnel) Travel and Training (Judgment and Damages) account to cover current and anticipated workers compensation costs for the remainder of the fiscal year.
6. Transmitting Communication from Richard C. Rossi, City Manager, relative to the appropriation of $35,000 of additional Community Schools revenue to the General Fund Human Service Programs Other Ordinary Maintenance account which will allow the Community Schools to continue programming and pay the increased costs related to bus transportation and contractual services.
7. A communication transmitted from Richard C. Rossi, City Manager, relative to the appointment of Police Superintendent Christopher J. Burke as Acting Police Commissioner, effective May 8, 2016.
May 9, 2016
To the Honorable, the City Council:I am pleased to inform you that I have appointed Police Superintendent Christopher J. Burke as Acting Police Commissioner, effective May 8, 2016.
Following in the footsteps of his father and grandfather, Superintendent Burke was appointed as a Cambridge Police Officer in 1984. He was promoted to Sergeant in 1997, Lieutenant in 2001, Deputy Superintendent in 2006 and Superintendent in 2009. He has served in a variety of roles in the Police Department, including overseeing the Professional Standards unit. He has served as liaison to numerous Boards and Commissions, including the Police Review and Advisory Board and the LGBT Commission.
Having grown up in Cambridge, Superintendent Burke brings a valuable perspective on how public safety and community policing affects our neighborhoods. He is a dedicated, compassionate professional who displays a tremendous commitment to the City of Cambridge and the Cambridge Police Department.
Please join me in wishing Chris Burke good luck in this new role.
Very truly yours,
Richard C. Rossi, City Manager
8. A communication transmitted from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 16-39, regarding the Green Line Extension (GLX) Project.
Referred to Transportation & Public Utilities Committee
May 9, 2016
To the Honorable, the City Council:In response to Awaiting Report Number 16-39 (Policy Order 7 from the 4/25/16 City Council Meeting), I report the following:
Over the past several months since the cost overruns and delays on the Green Line Extension (GLX) were announced by the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Department of Transportation (MassDOT), I have been involved in ongoing discussions with Secretary of Transportation Stephanie Pollack, regarding the current gap in GLX project funding and the state’s extraordinary request for direct financial contributions from the City of Cambridge and the North Point developers. These discussions regarding filling the funding gap have also involved the City of Somerville and the City of Medford, who will also benefit substantially from the GLX, as well as representatives from the Metropolitan Area Planning Council.
I have entered into the discussions because the state has informed us that given the funding issues regarding the GLX project, it will not move forward without participation from local communities. I therefore believe that it is critically important that Cambridge provide support to the GLX, given the local and regional benefits that the project will bring:
- Mobility
- About 45,000 riders per day will use the service.
- Construction of a new Lechmere Station that is fully accessible and provides the East Cambridge and North Point neighborhoods with the quality of station that they deserve.
- Improved regional access for Cambridge workers from several Somerville and Medford neighborhoods.
- Extension of First Street across Cambridge Street and O’Brien Highway to create an improved connection between East Cambridge and North Point for all transportation modes.
- Economic and Environmental Sustainability
- Catalyze the ongoing development of North Point into a new mixed use residential, commercial, and retail neighborhood that includes significant amount of affordable housing and open space.
- Support for the local and regional innovation economy.
- Allow for the transformation of the existing Lechmere Station site to a mix of housing, retail, and open space, which will create an important eastern gateway to Cambridge.
- Eliminate over 25,000 regional daily vehicle miles traveled.
By taking a leadership role in helping to address the funding shortfall, the City of Cambridge has been instrumental in initiating a framework for municipal contributions that I believe will be critical in enabling the MBTA’s Fiscal and Management Control Board and MassDOT’s Board of Directors to support the continued development of the GLX project. As detailed in the attached letter to Secretary Pollack, I have agreed to enter into discussions with the state, pending final City Council approval, regarding a direct financial contribution to GLX project improvements located in Cambridge, in an amount up to $25 million; the precise monetary contribution would be made jointly by the City and the North Point developers, and would be subject to a number of conditions as laid out in the letter. I will present this letter during my testimony to the joint meeting of the MBTA and MassDOT Boards on May 9th, at which time we expect they will make a decision regarding the future of the project.
Throughout these discussions, I have been clear with Secretary Pollack that entering into a final agreement on this contribution will require significant discussions with the Cambridge City Council and the North Point developers, along with a Council vote to approve the appropriation of funds for the GLX. At this point in time, I have not entered into any binding agreement to make a contribution, and I look forward to working closely with you over the next several months, with the goal of developing a final agreement with the Commonwealth that the City Council will support. This communication is intended to provide you with an update on this initial framework, and there will be many opportunities for further discussion and sharing of information prior to any formal vote on whether the City Council supports a direct financial contribution to the GLX.
Given the complexity of the issues that need to be discussed, I believe that we need to initiate these more detailed discussions quickly-once we know that the MBTA and MassDOT Boards have voted to move the project forward. With that in mind, I recommend that this issue be referred to the Committee on Transportation and Public Utilities for further discussion.
Very truly yours,
Richard C. Rossi, City Manager
May 9, 2016
Stephanie Pollack
Secretary of Transportation and Chief Executive
Massachusetts Department of Transportation
10 Park Plaza
Boston, Massachusetts 02116Re: Letter of Intent – Green Line Extension Financial Contribution
Secretary Pollack:
For many years, the City of Cambridge has been a strong supporter of the relocation of Lechmere Station and the Green Line Extension (GLX) from Cambridge to Somerville and Medford. The purpose of the GLX project is to improve regional air quality, encourage sustainable growth, promote economic development, and provide a convenient means of public transportation for residents, employees, and visitors along the GLX corridor. This project will benefit the three municipalities it touches as well as the entire Greater Boston region and the Commonwealth of Massachusetts. This Letter of Intent (LOI), which I am submitting to the Massachusetts Department of Transportation (MassDOT) Board of Directors and the Massachusetts Bay Transportation Authority (MBTA) Fiscal and Management Control Board, is intended to set forth the terms and conditions that I, as the City Manager of the City of Cambridge, intend to discuss with and recommend to the Cambridge City Council as the basis for the City of Cambridge to commit to contributing to the construction costs associated with the GLX, to the extent legally permissible, and subject to City Council approval and appropriation of funds.
While the Commonwealth’s appeal for local funding contributions at this late stage in the project represents an extraordinary request, I believe that the value of this project to the City of Cambridge, the Boston Region, and the entire state requires us to respond in a meaningful way to help move this project towards reality. I also intend to work with the North Point developers to obtain commitments from them to contribute financially to the GLX in partnership with the City.
The Green Line Extension Project
The City of Cambridge supports the GLX and I will recommend that the City Council approve the City contributing an amount that the City Council considers to be a fair and reasonable amount to assist in offsetting the cost of the project, in partnership with the Federal Government and the Commonwealth of Massachusetts, based upon the proposed total budget for the project and the proportionality of Cambridge’s monetary contributions of new revenue thereto, the City’s reasonable financial capabilities, the contributions of new revenue from the other municipalities the GLX touches, and assurance that the project will commence as scheduled and continue reasonably to completion.GLX will comprise seven Green Line stations. The project will relocate Lechmere Station and create a new Green Line station in Union Square in Somerville. Five additional stations will also be built outside of Cambridge, between Lechmere Station and College Avenue in Medford along existing railroad rights of way.
The GLX stations will be designed in accordance with MassDOT/MBTA station requirements. MassDOT will obtain all necessary legal approvals for the GLX and its operations from any local, state, or federal agencies. The GLX will be constructed in accordance with a construction management plan approved by MassDOT, and will be operated and maintained by the MBTA. Service, at a minimum, will include stops on both inbound and outbound trains during standard MBTA service hours. MassDOT will be responsible for compliance with all state procurement requirements, public bidding laws, and any other laws applicable to MassDOT due to its governmental status. In making this financial contribution to MassDOT/MBTA’s construction of Lechmere Station and the other improvements that are part of the GLX project, the City does not commit to taking on any additional responsibilities related to the planning, design, construction, operations, or maintenance of any GLX facilities.
Value of Financial Contribution
I intend to recommend to the Cambridge City Council that the City contribute fair and reasonable funding, as set forth in this letter, to support the GLX project and to help close the currently anticipated budget gap that remains after the project is value engineered, in the event that all other efforts to procure and employ federal and state funds for the project have been exhausted and a gap remains that can only be addressed with monetary contributions from Cambridge, North Point developers in Cambridge, and other municipalities. The financial contribution will be based upon the value of the infrastructure improvements in Cambridge and the economic, environmental, and mobility benefits those improvements create, and will be subject to the requirement that other municipalities contribute their reasonably proportionate share of new revenue required for the gap funding.I am prepared to enter into discussions with the Cambridge City Council and the North Point developers to seek their approval for the City to contribute up to $25,000,000 of new revenue towards the completion of the GLX project, in the manner described below. The exact nature, timing, and form of this contribution is still to be determined, but it will represent new revenue to the project that will directly contribute to closing the funding gap together with proportionate contributions of new revenue from other municipalities that the GLX project will touch. The contribution from Cambridge-based sources will make up not more than one third (1/3) of the total amount of new revenue that is provided from the municipalities of Cambridge, Somerville, and Medford for the gap funding.
Use of Financial Contribution
This $25,000,000 commitment of new revenue from Cambridge-based sources will be used solely for the construction of the project-related improvements within the City of Cambridge, including the new and relocated Lechmere Station that will be built as part of the GLX. MassDOT and the MBTA will work with the City of Cambridge to establish a mechanism to ensure that the funds are used in this manner, and will ensure that any expenditure of those funds will be for the GLX project only and consistent with the terms and conditions outlined in this letter.Payment Mechanism
Assuming the Cambridge City Council and the North Point developers commit to contributing to the GLX project as outlined above, the City of Cambridge will work with MassDOT, the MBTA, and other relevant state agencies to develop mechanisms for disbursing the agreed upon funds and committing those funds to the Commonwealth for the GLX project. These mechanisms could include direct cash contributions, state borrowing backed by guaranteed payments from the City of Cambridge (through the Cherry Sheet or other appropriate mechanism), or other similar mechanisms for payments from the City of Cambridge or the North Point developers. Over the course of those discussions, I expect to reach agreement with MassDOT and/or the MBTA on the amount to be paid, the period and frequency of payment, the mechanism of payment, and any regulatory or statutory changes that may be necessary to accomplish the foregoing. The City of Cambridge expects the Commonwealth to stipulate that any funding provided by the City will not be transferable to any state expenditure other than those directly related to those portions of the GLX project that are constructed within the City of Cambridge and that the City of Cambridge’s share of new revenue provided for the gap funding is not more than one third (1/3) of the total amount of new revenue provided by all municipalities for the gap funding. To the extent that any regulatory changes or special legislation is required at the state level to enable a specific payment mechanism, I expect MassDOT, the MBTA, and other state agencies to pursue said regulatory changes or special legislation in an expedited manner.Local Approval
After a preliminary agreement between the City of Cambridge and MassDOT is reached regarding the elements describe above, and after the final adoption of any necessary regulatory or statutory actions, the City will have an additional period to obtain the legally mandated and/or otherwise required local public approval, as well as completing negotiations with the North Point developers resulting in their approval of funds to be contributed to the GLX project, prior to the execution of any final agreement. Should the City of Cambridge not approve or obtain those approvals, the City will not be held responsible for any financial contributions or other commitments.Priority in Use of Funds
I would like to be explicit that my objective in providing this letter is to indicate my commitment for Cambridge and the North Point developers to take the above steps only in the event that all other federal and state funding sources have been explored and that but for monetary contributions of new revenue from the City of Cambridge, the North Point developers and the other municipalities, there is a gap in the federal and state funding for the project that cannot be filled by any other means. In the event that the Cambridge City Council and the North Point developers approve this funding and the project costs turn out to be less than anticipated at this juncture, I also expect the City of Cambridge to be relieved of a portion of that funding commitment in a fair and proportional manner. To ensure this outcome, the funding provided from Cambridge-based sources will only be accessed once MassDOT and the MBTA have provided appropriate assurances that Cambridge’s contribution of new revenue to the gap funding is partially or wholly necessary proportionately with other municipal funding sources of new revenue in order to construct the project and that the project-related improvements in Cambridge have been or will be fully completed in a manner that enables service to the relocated Lechmere station to commence operations.Future State Policy
To my knowledge, never before has a municipality or group of municipalities in Massachusetts been asked to assume a portion of the cost of a large infrastructure project. Traditionally the state and federal governments have worked together to fund these projects, and to address cost overruns, with an understanding that municipalities in Massachusetts have a limited ability under Massachusetts law to raise new revenue or to dedicate local funding to costs outside of routine municipal services such as education, public safety, public health, and local infrastructure. Given the Commonwealth’s request for municipal funding contributions for the GLX, it will be an important factor in Cambridge’s decision as to whether to contribute municipal funding to this project that there be appropriate assurances that when future infrastructure projects face similar funding circumstances, the local municipalities will be treated in a similar manner with respect to expected financial contributions.Legal Authority
I commit to work with MassDOT and the MBTA toward entering into a final agreement by September 30, 2016. In advance of a final and binding agreement to contribute funds to the GLX, I require assurances that the Commonwealth of Massachusetts and the MBTA have the legal authority to accept such funds and expend them according to the requirements and expectations set forth in this letter and any subsequent agreements between the parties referred to herein. To the extent that any special legislation or regulatory action is required at the state level to enable or ensure this legal authority, I expect MassDOT, the MBTA, and other state agencies to pursue said special legislation or regulatory action in an expedited manner.I look forward to continuing to work together with you, the MassDOT Board of Directors, and the MBTA Fiscal and Management Control Board to advance this important project.
Very truly yours,
Richard C. Rossi, City Manager
Joint Statement of Somerville Mayor Joseph A. Curtatone and Cambridge City Manager Richard C. Rossi Regarding the Green Line Extension
May 5, 2016
Today the Cities of Somerville and Cambridge Massachusetts are pleased to make this important announcement of our continued support for and commitment of new funds to bridge the funding gap that will allow the construction of the Green Line Extension Project (GLX) to move forward.
It is our understanding that MassDOT has completed its review of the GLX and developed a new cost estimate, and that on Monday, May 9, MassDOT will transmit information for review and evaluation by the MBTA Fiscal and Management Control Board (FMCB) and the Massachusetts Department of Transportation Board of Directors that includes a revised budget and plans and a statement of need for municipal governments hosting the GLX to contribute funding. Based on that understanding, we are prepared to make a recommendation that our municipalities assist the state in the funding solution for this project.
We would like to thank the Commonwealth of Massachusetts and the interim design team for their swift but careful scrutiny of the project plans and budget, their commitment to the inclusion of public and municipal feedback, and their diligence in developing a new strategy for moving forward. Should the FMCB approve their expected recommendation to construct the GLX, residents of the Commonwealth will reap the benefits of the team’s critical effort for decades to come.
It is our understanding, however, that without firm financial commitments from our municipalities that the GLX could be canceled and the Commonwealth would forfeit not only its $996 million federal New Starts grant award, but an estimated $700 million in “sunk costs” of the state’s $996 million share of the project. Additionally, the fulfillment of the public needs that this project was designed to meet would remain unrealized.
The purpose of the GLX is to improve regional air quality as required by legally binding resolutions, reduce roadway congestion, encourage sustainable economic growth, and provide a convenient means of public transportation for Massachusetts residents, workers and visitors. To ensure that these needs and goals do not go unmet, the cities of Cambridge and Somerville intend to seek to expand their financial partnership with the Commonwealth to construct elements of the GLX program, subject to and contingent upon approval by the Cambridge City Council and the Somerville Board of Aldermen.
It should be noted that both the cities of Cambridge and Somerville have previously invested significant funds and resources in sunken costs in support of the GLX project, including the City of Somerville’s investment of more than $8 million for land acquisition and other infrastructure, that have relieved the Commonwealth of several specific required project costs. Similarly, the developers of the North Point area are investing tens of millions of dollars in improvements that support and enable the GLX to occur. Expanding this financial partnership is an extreme and unprecedented arrangement for a state infrastructure project. Despite the fact that our cities bear no responsibility for the cost overruns that brought the GLX to this moment of crisis, we will seek to support the Commonwealth by expanding our cost-sharing role. The Green Line is that important to our communities, our region, and our state.
It is our understanding that the new cost estimate for the GLX will retain core program elements including seven light rail transit stations including a spur to Union Square, a Vehicle Maintenance Facility, a Community Path, and related utility upgrades. With that clear understanding, it is our intention as Mayor of the City of Somerville and City Manager of Cambridge to recommend to the Somerville Board of Aldermen and the Cambridge City Council that our cities commit to underwriting project costs for specific, tangible elements that would deliver meaningful public safety and quality-of-life benefits for our residents.
After discussions with the state, the needed value of new financial participation in the GLX for the City of Somerville is projected to be $50 million and the value of the City of Cambridge’s contribution is projected at $25 million, including financial contributions from the North Point developers, to close the funding gap. Again, any contribution will be subject to Board and City Council approvals.
Furthermore, it is our intention to work, alongside MAPC, with Governor Baker’s administration and the cities’ state and federal delegations to seek legislative action on new and refined “value capture” tools capable of supporting new infrastructure investments around Massachusetts. In addition, we request that the Commonwealth establish a baseline tracking framework for future Infrastructure Investment Incentive (I-Cubed) state tax revenue accruals generated by transit-oriented development around the GLX, so as to not preclude a formal application to use eligible I-Cubed revenues to offset Cambridge’s and Somerville’s proposed municipal contribution, if they choose that option.
It is clear that the Commonwealth is shifting to a new paradigm for major transportation infrastructure investments. Across the nation, many states have established predictable and equitable frameworks for local value capture financing in state transportation projects. As we work toward that goal, Somerville and Cambridge will stand with the Commonwealth to advance the state of the art. We do so with the expectation that this is truly a new precedent for statewide policy, and that our communities will not be held to higher standards than other Massachusetts municipalities seeking state and federal financing for roadway, transit or other infrastructure projects.
Additional Comment from Massachusetts Area Planning Council:
“I want to congratulate the Cities of Cambridge and Somerville for making this unprecedented municipal commitment to help fund a critical state transportation project,” said Metropolitan Area Planning Council Executive Director Marc Draisen. “The Green Line Extension will have a significant, positive impact on our region in terms of jobs created and retained, new housing units created, and increased transit access for tens of thousands of residents. Cambridge and Somerville have shown a willingness to help invest in a project that will benefit themselves and their neighboring municipalities. We applaud them and MassDOT for working together to create this opportunity to advance this project.”
ON THE TABLE
1. An application was received from Capital One, requesting permission for a sandwich board sign in front of the premises numbered 24 JFK Street. [Placed On The Table on a motion of Councillor Cheung on Jan 25, 2016.]
2. That the City Manager be and hereby is requested to coordinate with the Clerk’s Office and the appropriate departments to implement within three months an electronic public comment display in the Sullivan Chamber, listing the speaker’s name and affiliation as well as a timer. [Placed On The Table As Amended by Councillor Mazen on Jan 25, 2016.]
3. An application was received from CareWell Urgent Care, requesting permission for a sandwich board sign in front of the premises numbered 601 Concord Avenue. [Tabled on a motion by Councillor Devereux on Apr 25, 2016.]
4. An application was received from Esmeralda, requesting permission for a sandwich board sign in front of the premises numbered 54 Church Street. [Tabled on a motion by Councillor Devereux on Apr 25, 2016.]
UNFINISHED BUSINESS
5. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $10,000,000 to provide funds for the design and construction of a multi-use path/greenway along the eastern Grand Junction railroad right of way from Broadway to the city line. The question comes on adoption on or after May 9, 2016.
6. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $5,000,000 to provide funds for a Comprehensive Facilities Improvement Plan. The question comes on adoption on or after May 9, 2016.
7. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $4,000,000 to provide funds for the renovations of the Out of Town News Kiosk Building and adjacent plaza area in Harvard Square. The question comes on adoption on or after May 9, 2016.
8. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $150,000 to provide funds for the purchase and installation of mechanical components to ensure the operational integrity of the elevator at the Robert W. Healy Public Safety Facility. The question comes on adoption on or after May 9, 2016.
9. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $149,600,000 to provide funds for various School building infrastructure projects including construction for the King Open/Cambridge Street Schools & Community Complex, building envelope repairs at the Fletcher Maynard Academy, and a new boiler at the Amigos School. The question comes on adoption on or after May 9, 2016.
10. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $17,350,000 to provide funds for various water pollution abatement projects, including construction of sewer separation, storm water management and combined sewer overflow reduction elimination improvements within the City’s Alewife Watershed, Cambridgeport Neighborhood, and areas in Harvard Square as well as the Sewer Capital Repairs Program. The question comes on adoption on or after May 9, 2016.
11. A communication transmitted from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow $2,000,000 to provide funds for the reconstruction of various City streets and sidewalks.
12. A communication transmitted from Richard C. Rossi, City Manager, relative to a report on potential issues related to the Barrett, et al. Zoning Amendment.
APPLICATIONS AND PETITIONS
1. An application was received from Blaze Pizza, requesting permission for a projecting blade sign at the premises numbered 1 Canal Park. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutter.
Adopted
COMMUNICATIONS
1. A communication was received from Erin M. Kennedy, 15 Trowbridge Street, transmitting support for the Grand Junction Path Funding.
2. A communication was received from Steven Nutter, 15 Trowbridge Street, transmitting support for the Grand Junction Path Funding.
3. A communication was received from Julie Messina, 3-21 Foundation, regarding the City Council's resolution congratulating on being a recipient of the MDSC's Award.
4. A communication was received from Robert J. La Tremouille, Individually, and as Chair , Friends of the White Geese, regarding the Grand Junction construction and destruction of the Charles River.
5. A communication was received from Hasson Rashid, 820 Massachusetts Avenue, regarding the City's Fiscal Year 2017 Budget and the homelessness and low income renters housing advocate perspective.
RESOLUTIONS
1. Congratulations to Joanne Chang and Flour Bakery on receiving the 2016 James Beard Awards. Councillor Maher
2. Congratulations to the participants of the Youth CITIES March-to-May Bootcamp. Councillor Cheung
3. Resolution on the death of Helenmarie Hickey. Councillor Maher, Councillor Toomey
4. That the City Council go on record congratulating the 2015-2016 Cambridge Rindge and Latin Boys’ Basketball players, coaches, and support staff for their well-earned championship and recognizing them for their dedication and hard work. Vice Mayor McGovern
Resoltion #4 May 9, 2016
VICE MAYOR MCGOVERN
WHEREAS: The Cambridge Rindge and Latin Boys’ Basketball Team capped their season with a state championship win by defeating St. John’s of Shrewsbury with a final score of 66 to 51; and
WHEREAS: These young men brought this title home for the first time since 2001, finishing the season undefeated in Massachusetts and with an overall record of 24-1; and
WHEREAS: This was the sixth state title – more than any other high school in state history – for the CRLS Boys’ Basketball program; and
WHEREAS: This year’s victory is particularly special as the team dedicated their season to their former teammate, Davonte “Sweets” Neal - who passed away from cancer at the age of 16 – and competed under the rally cry of “Davonte Strong”; and
WHEREAS: The path to the championship brought redemption in the form of an upset against last year’s victors, Catholic Memorial, and was fueled by devotion to their sport, their team, and their friend; now therefore be it
RESOLVED: That the City Council go on record congratulating the 2015-2016 Cambridge Rindge and Latin Boys’ Basketball players, coaches, and support staff for their well-earned championship and recognizing them for their dedication as well as the heart and hard work we know it takes to be champions; 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 CRLS Boys’ Basketball players, coaches, and support staff on behalf of the entire City Council.
5. Congratulations to Brianna Duncan on signing her National Letter of Intent and recognizing her hard work and dedication to her sport and her education. Vice Mayor McGovern
6. Congratulations to Yuleska Ramirez Tejeda on signing her National Letter of Intent and recognizing her dedication to her sport and to her education. Vice Mayor McGovern
7. Resolution on the death of William H. “Bill" Johansen. Councillor Toomey
8. Resolution on the death of Steven Costa. Councillor Toomey
9. Congratulations to the Cambridge Community Chorus on its 25th anniversary season. Mayor Simmons
10. Resolution on the death of Louise M. (Sorrentino) Sette. Councillor Maher, Mayor Simmons
11. Resolution on the death of Patricia E. Fermoyle. Councillor Toomey
ORDERS
1. That the City Manager is requested to confer with all relevant City staff and departments to examine the feasibility of posting advisory signage to broadly encourage a motor vehicle speed limit of 20 to 25 miles per hour on City streets. Councillor Carlone, Councillor Devereux, Vice Mayor McGovern
Adopted as Amended and Referred to Transportation & Public Utilities Committee
2. That the City Council reaffirm Policy Order # 8 of Apr 13, 2015 which states that the License Commission should not make any changes to the current regulations regarding liquor licenses which may potentially undermine City Council policy regarding community building efforts and street activation. Councillor Cheung
Adopted as Amended and Referred to Public Safety Committee. Reconsideration filed by Councillor Devereux on May 11, 2016.
3. That the City Council go on record amending Resolution #13 of which was previously adopted on Jan 25, 2016 to strike out “Councillor Kelley” as a sponsor. Councillor Kelley
Adopted
4. That the City Manager is requested to consult with the appropriate City departments to determine how to better enforce the Bus Stop Access Law throughout Cambridge. Mayor Simmons
Adopted
5. That the City Manager is requested to confer with the Director of Traffic, Parking, and Transportation, the Department of Public Works, and any other appropriate City departments to determine the feasibility of renaming Cambridge Park Place. Councillor Devereux
Adopted
6. That the City Manager is requested to consult with the relevant City Departments to determine how to best repair the uneven sidewalks at the locations of the corner of 7th and Otis Streets and in front of the Citizens Bank at the corner of Massachusetts Avenue and Temple Street. Mayor Simmons
Adopted
7. That the City Manager is requested to consult with the appropriate City departments to make the necessary provisions to have the Housing Committee meetings scheduled for May 18, 2016 and May 31, 2016 televised and videotaped. Mayor Simmons
Adopted
8. That the City Manager is requested to direct the Community Development Department to provide to the City Council information on their plan for installing more bike racks around the City. Vice Mayor McGovern
Adopted
9. That the City Manager is requested to instruct the City Solicitor to provide the City Council with language that references the Traffic Regulations in the Municipal Code in 12.16.030 entitled Trees – Climbing – Signposting – Fastening horses. Councillor Cheung
Adopted
10. That the attached amended framework for the Preliminary Screening Committee be adopted. Councillor Maher
Adopted
11. The City Manager instruct the appropriate City personnel to fly the Transgender Pride Flag over City Hall as a gesture of strong encouragement to the Massachusetts State Legislature to pass HB.1577/SB.735 into law this week. Mayor Simmons, Councillor Cheung
Adopted
COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor Dennis J. Carlone, Co-Chair of the Ordinance Committee, for a public hearing held on Apr 14, 2016 to discuss a Municipal Code amendment to Title 12 entitled “Streets, Sidewalks and Public Places” in Chapter 12.16 entitled “Street and Sidewalk Use Regulation” in Section 12.16.030 entitled “Trees-Climbing-Signposting-Fastening horses” and to add after the word “animal” the following “Bicycle, moped, scooter, motorcycle, or any other form of conveyance.”
Report Accepted, Two Orders Adopted (#8 and #9), Municipal Code Amendment Passed to a Second Reading
2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Government Operations, Rules & Claims Committee, for a public hearing held on May 3, 2016.
Report Accepted, Order Adopted (#10)
COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Councillor Jan Devereux, suggesting a random drawing of four City Councillors to serve on the Preliminary Screening Committee on the city manager's selection process.
Referred to Government Operations, Rules and Claims Committee - Toomey
May 4, 2016
Dear City Council Colleagues,On Tuesday, May 3, 2016, the Government Operations, Rules and Claims Committee met to discuss the city manager search process. The committee members voted to approve a 19-member Preliminary Screening Committee that will conduct confidential off-site interviews with the top eight or nine candidates for the position and narrow the field to three finalists. The full City Council will vote to select one of three finalists following public interviews at "town hall" meetings and during a Council meeting. The Preliminary Screening Committee, which will represent a cross-section of our diverse community, will include four councillors - the maximum number allowed to be involved in confidential (non-public) meetings under the state's open meeting laws. Community members may self-nominate to be appointed to serve on the Preliminary Screening Committee.
In keeping with the open, transparent process the Council has committed to following throughout this search process, I would like to suggest that the City Council hold a public drawing of straws (or use some other random selection mechanism) to determine which four councillors will serve on the Preliminary Screening Committee. A random drawing to form a civic committee follows the ancient Greek principle of "sortition," which is a time-honored democratic tool still used today.
I am making this suggestion in full confidence that we - and the public - can trust the luck of the draw to yield four equally qualified councillors to serve on this important committee.
Thank you for considering my suggestion.
Jan Devereux
HEARING SCHEDULE
Mon, May 9
5:30pm City Council Meeting (Sullivan Chamber)
Tues, May 10
6:00pm The Finance Committee will conduct a public hearing to discuss the FY2017 School Department Budget. This hearing to be televised. (Sullivan Chamber)
Wed, May 11
3:00pm The Ordinance Committee will conduct a public hearing on a zoning petition by the Richard Avenue Neighbors to amend Section 20.103.2 North Massachusetts Avenue Subdistrict and Section 20.110 Standards Applicable in the North Massachusetts Avenue Subdistrict on the north side of Massachusetts Avenue to extend from the centerline of Beech Street on the east to the centerline of Richard Avenue on the west and to amend the City of Cambridge Zoning Map by redrawing the North Massachusetts Avenue Subdistrict for the northerly side of Massachusetts Avenue to extend from the centerline of Beech Street on the east to the centerline of Richard Avenue on the west. The proposed change would remove properties in the Business A-2 district north and west of Richard Avenue from the North Massachusetts Avenue Subdistrict; however, those properties would remain within the Massachusetts Avenue Overlay District. This hearing to be televised. (Sullivan Chamber)
Thurs, May 12
9:00am The Finance Committee will conduct a public hearing to discuss the FY2017 City Budget. This hearing to be televised. (Sullivan Chamber)
5:30pm The Neighborhood and Long Term Planning, Public Facilities, Arts and Celebrations Committee and the Civic Unity Committee will conduct a joint public hearing to discuss all issues related to non-citizen representation and outreach in Cambridge. (Sullivan Chamber)
Mon, May 16
4:00pm 2016 Scholarship Award Ceremony (Sullivan Chamber)
5:30pm City Council Roundtable/Working Meeting to receive an update on Envision Cambridge. No public comment. No votes will be taken. Roundtable/Working Meeting will be televised. (Sullivan Chamber)
Tues, May 17
9:00am The Finance Committee will conduct a public hearing to discuss the FY2017 City Budget (if necessary). This hearing to be televised. (Sullivan Chamber)
Wed, May 18
4:00pm The Human Services and Veterans Committee will conduct a public hearing to discuss the opioid crisis in Cambridge with representatives from the Human Services Department and the Cambridge Police Department, as well as local providers. (Sullivan Chamber)
6:30pm The Housing Committee will conduct a public hearing to discuss the recently completed Inclusionary Housing Study and will focus on receiving feedback from the community. (Citywide Senior Center)
Fri, May 20
10:30am The Government Operations, Rules and Claims Committee will conduct a public hearing to consider an extension to the current City Manager’s contract. This hearing to be televised. (Sullivan Chamber)
Mon, May 23
5:30pm City Council Meeting - Budget Adoption (Sullivan Chamber)
Wed, May 25
3:00pm The Ordinance Committee will conduct a public hearing to amend the Zoning Map in the Riverside Neighborhood from the existing Residence C-1 to Residence C within the area bounded by Franklin Street, River Street and Putnam Avenue. The most significant changes would be that the allowed Floor Area Ratio would decrease from 0.75 to 0.60, the required lot area per dwelling unit would increase from 1,500 to 1,800 square feet, and the open space requirement would increase from 30% to 36% of a lot. This hearing to be televised. (Sullivan Chamber)
Thurs, May 26
5:30pm The Neighborhood and Long Term Planning, Public Facilities, Arts and Celebrations Committee and the Civic Unity Committee will conduct a joint public hearing to discuss the establishment of Indigenous Peoples’ Day in Cambridge. (Sullivan Chamber)
Tues, May 31
6:00pm The Housing Committee will conduct a public hearing to continue discussion regarding the recently completed Inclusionary Housing Study with community feedback from the May 18 hearing being shared and discussed with consultant David Paul Rosen & Associates. (Sullivan Chamber)
Mon, June 6
5:30pm City Council Meeting (Sullivan Chamber)
Mon, June 13
5:30pm City Council Meeting (Sullivan Chamber)
Wed, June 15
3:00pm The Health and Environment Committee will conduct a public hearing to discuss the planning of the city’s second Climate Congress to be held in the fall of 2016 and any matters that may properly come before the committee. (Sullivan Chamber)
Mon, June 20
5:30pm City Council Meeting (Sullivan Chamber)
Tues, June 21
2:00pm The Health and Environment Committee will conduct a public hearing to discuss the city’s Leaf Blower Ordinance. (Sullivan Chamber)
Thurs, June 23
5:30pm The Neighborhood and Long Term Planning, Public Facilities, Arts and Celebrations Committee will conduct a public hearing to discuss the formation of a special working group that will be tasked with developing a framework for the continued stewardship, curatorship and oversight of the Out of Town Kiosk in Harvard Square. (Sullivan Chamber)
Mon, June 27
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Aug 1
5:30pm Special City Council Meeting (Sullivan Chamber)
Mon, Sept 12
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 19
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Sept 26
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Oct 31
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 May 9, 2016 Amended
COUNCILLOR CARLONE
COUNCILLOR DEVEREUX
VICE MAYOR MCGOVERN
WHEREAS: The City of Cambridge is considered a "thickly settled" community, and as such, the general speed limit is defined as 30 miles per hour on the many Cambridge streets where no speed limit is posted; and
WHEREAS: In 2014, the City Council of New York City approved a bill to reduce the maximum speed for cars, trucks and taxis on residential streets from 30 miles per hour to 25 miles per hour; and
WHEREAS: Last month, the Boston City Council voted unanimously to lower the speed limit on thickly settled streets from 30 to 20 miles per hour and in school zones from 20 to 15 miles per hour; and
WHEREAS: Although the City of Cambridge is not authorized to post an actual speed limit sign without permission from the state highway department, it may be possible to post "advisory speed limit" signage without having to obtain state-level approval; and
WHEREAS: The National Association of City Transportation Officials (NACTO) has compiled a "Driving Speed Fatality Risk Chart" that shows a 45% risk of fatality to pedestrians and cyclists in accidents involving an automobile that is traveling in the 30 to 35 miles per hour range, as compared to a 5% risk of fatality when automobiles are travelling in the 20 to 25 miles per hour range; now therefore be it
ORDERED: That the City of Cambridge supports the efforts of the Boston City Council and encourage Mayor Walsh and Governor Baker to approve a reduced speed limit; and be it further
ORDERED: That the City of Cambridge supports and joins the larger regional efforts to reduce speed limits in “thickly settled” communities; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with all relevant City staff and departments to examine the feasibility of posting advisory signage to broadly encourage a motor vehicle speed limit of 20 to 25 miles per hour on City streets; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter explaining what mechanism the City Council and the City Manager legally has to set speed limits on Cambridge Streets.
O-2 May 9, 2016
COUNCILLOR CHEUNG
WHEREAS: On Apr 13, 2015, the City Council adopted Policy Order # 8 that the License Commission should not make any changes to the current regulations regarding liquor licenses which may potentially undermine City Council policy regarding community building efforts and street activation; now therefore be it
ORDERED: The City Council go on record reaffirming this policy; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this order to the License Commission on behalf of the entire City Council.
Substitute O-2 May 9, 2016
COUNCILLOR CHEUNG
WHEREAS: The License Commission is proposing changes to the current liquor license regulations; and
WHEREAS: The City Council has a policy regarding building community efforts and street activation; now therefore be it
ORDERED: That the Public Safety Committee schedule a public hearing with the License Commission to discuss the proposed changes to the current liquor license regulations and the City Council policy goals on liquor licenses, economic development, the impact on neighborhoods and local businesses; and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the License Commission to refrain from any liquor license regulation changes until the hearing is held by the Public Safety Committee; and be it further
ORDERED: That this be referred to the Public Safety Committee.
O-3 May 9, 2016
COUNCILLOR KELLEY
WHEREAS: At the City Council meeting of Jan 25, 2016, Resolution #13 was submitted commending the Benjamin Banneker Charter Public School; and
WHEREAS: A motion was made to make all resolutions unanimously sponsored and said motion prevailed; and
WHEREAS: A member of the City Council was absent for this City Council meeting; and
WHEREAS: The entire membership of the City Council was listed as sponsors of Resolution #13; and
WHEREAS: Resolution #13 was adopted by the affirmative vote of eight members; now therefore be it
ORDERED: That the City Council go on record amending Resolution #13 which was previously adopted on Jan 25, 2016 to strike out “Councillor Kelley” as a sponsor; and be it further
ORDERED: That the Minutes of the Jan 25, 2016 City Council meeting and the original Resolution #13 be amended to reflect this change.
O-4 May 9, 2016
MAYOR SIMMONS
WHEREAS: It has come to the City Council’s attention that a number of vehicles have been violating the Bus Stop Access Law that was signed into law by former Governor Deval Patrick on July 7, 2009, illegally parking in spaces that have been reserved for MBTA buses; and
WHEREAS: Residents have reported seeing numerous non-MBTA buses and other vehicles, from companies and private citizens alike, parking in these spaces; and
WHEREAS: People who illegally park in MBTA bus stops often force these buses to stop at locations other than the designated pick up and drop off location, which can impede those with disabilities and mobility issues from accessing this critical public transportation; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the appropriate City departments to determine how to better enforce the Bus Stop Access Law throughout Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to issue clear guidelines to the community and to the City Council as to how those witnessing violations of this law should report these incidents to the City and to the Cambridge Police Department.
O-5 May 9, 2016
COUNCILLOR DEVEREUX
WHEREAS: It has come to the attention of the City Council that there is a significant traffic problem on Cambridge Park Drive, specifically at the intersection of Cambridge Park Drive and Cambridge Park Place; and
WHEREAS: There was a public meeting held on Tues, May 3, 2016, at which residents and employees of the area discussed the traffic situation with staff from Community Development Department, Department of Public Works, and the Police Department, as well as with representatives from MassDOT, the MBTA, and the Department of Conservation and Recreation; and
WHEREAS: One factor that those in the area reported worsens the traffic is that some drivers find the street names at the intersection challenging to navigate, confusing Cambridge Park Drive and Cambridge Park Place; and
WHEREAS: When drivers are confused, and they make illegal U-turns, which adds to the traffic backup; and
WHEREAS: There are very few, if any, addresses on Cambridge Park Place, a short street that dead-ends into a parking lot, so few would be inconvenienced by a change to the street name; and
WHEREAS: Addressing the confusion over the names of these two streets will not solve the multifaceted, complex traffic problem, but may help one piece of the issue; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking, and Transportation, the Department of Public Works, and any other appropriate City departments to determine the feasibility of renaming Cambridge Park Place and to report back to the City Council on this issue in a timely manner.
O-6 May 9, 2016
MAYOR SIMMONS
WHEREAS: It has come to the attention of the City Council that the brick sidewalks in front of the Post Office on Mount Auburn Street in Harvard Square and the adjoining alley are uneven, as are the sidewalks at the corner of 7th Street and Otis, and those in front of the Citizens Bank at the corner of Massachusetts Avenue and Temple Street; and
WHEREAS: Although aesthetically consistent with the architecture and character of many neighborhoods of the City, brick sidewalks pose a significant risk to pedestrians who may have mobility issues and problems maintaining balance, such as our senior citizens; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the relevant City Departments to determine how to best repair the uneven sidewalks in the above-named areas, and to report back to the City Council on a timeline for achieving this.
O-7 May 9, 2016
MAYOR SIMMONS
WHEREAS: On Apr 11, 2016, the City Manager presented the recently completed Inclusionary Housing Study to the City Council for consideration, and this report was referred to the Housing Committee for further review and discussion; and
WHEREAS: The Housing Committee has now scheduled the first two meetings devoted to discussing this report, and those meetings will be held on May 18, 2016 at 6:30pm in the Cambridge Senior Center, and on May 31, 2016 at 6:00pm in the Sullivan Chamber; and
WHEREAS: In the interest of ensuring that as many people can participate in and review these discussions as possible, the Co-Chairs of the Housing Committee are requesting that these hearings be broadcast and videotaped; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the appropriate City departments to make the necessary provisions to have the Housing Committee meetings scheduled for May 18, 2016 and May 31, 2016 televised and videotaped.
O-8 May 9, 2016
VICE MAYOR MCGOVERN
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to provide to the City Council information on their plan for installing more bike racks around the City.
O-9 May 9, 2016
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide the City Council with language that references the Traffic Regulations in the Municipal Code in 12.16.030 entitled Trees – Climbing – Signposting – Fastening horses.
O-10 May 9, 2016
COUNCILLOR MAHER
ORDERED: That the attached amended framework for the Preliminary Screening Committee be adopted.
O-11 May 9, 2016
MAYOR SIMMONS
COUNCILLOR CHEUNG
WHEREAS: On Thurs, May 12, the Massachusetts Senate is scheduled to vote on HB.1577/SB.735, legislation that has been crafted to fully protect Bay State residents who are transgendered from discrimination; and
WHEREAS: Cambridge believes in the protection of equal rights for all and stands with Boston and a growing number of communities across Massachusetts in calling out for the passage of this important legislation; now therefore be it
ORDERED: The City Manager be and hereby is requested to instruct the appropriate City personnel to fly the Transgender Pride Flag over City Hall as a gesture of strong encouragement to the Massachusetts State Legislature to pass HB.1577/SB.735 into law this week.
TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee, comprised of the entire membership of the City Council, held a public hearing on Thurs, Apr 14, 2016 beginning at 3:09pm in the Sophie Room.
The purpose of the hearing was to discuss a Municipal Code amendment to Title 12 entitled “Streets, Sidewalks and Public Places” in Chapter 12.16 entitled “Street and Sidewalk Use Regulation” in Section 12.16.030 entitled “Trees-Climbing-Signposting-Fastening horses” and to add after the word “animal” the following “Bicycle, moped, scooter, motorcycle, or any other form of conveyance.”
Present at the hearing were Councillor Carlone and Councillor Cheung, Co-Chairs of the Committee; Vice Mayor McGovern; Councillor Toomey; John Nardone, Assistant Public Works Commissioner of Operations; Bill Dwyer, Superintendent of Streets; Arthur Goldberg, Deputy City Solicitor; and City Clerk Donna P. Lopez.
Also present were Marilyn Wellons, 651 Green Street.
Councillor Carlone convened the hearing and explained the purpose. He stated that there was a quorum. He stated that the e-mails received will become part of the report. He stated that Councillor Kelley, the petitioner could not make the meeting due to a conflict. Councillor Carlone read Policy Order # 3 of Jan 11, 2016 (ATTACHMENT A). He also noted that Councillor Kelley has provided a copy of his presentation (ATTACHMENT B).
John Nardone explained that bicycle enforcement is done by Public Works Department. He stated that Section 12.9 of the Traffic Regulations (ATTACHMENT C) outlines where bikes can be parked. He further stated that the Public Works Department does enforce bikes being attached to trees. He stated that motor vehicles and bikes are not generally attached to trees. Mr. Dwyer stated that the Public Works Department takes bikes that are attached to signposts. This is done on a weekly basis.
Councillor Carlone asked if enforcement is different based on the neighborhood. Mr. Dwyer stated that the squares are the major focus. Mr. Nardone stated that there is not a strict regulation that a bike can be secured for 72 hours. Bikes that are attached to trees are tagged and if not removed in 72 hours the bike is removed and stored at Public Works. The Public Works Department supports not have bikes attached to trees; motor vehicles being attached is new.
Deputy City Solicitor Goldberg stated that in section 12-9 of the Traffic Regulations bikes cannot be attached to trees. He stated that the Law Department has to review the regulations regarding motorcycles; he believed that the City Council does not have jurisdiction on this. He stated that changing the Municipal Code title (12.16.030 Trees – Climbing – Signposting – Fastening horses) as suggested by Carol O’Hare is a good idea.
Vice Mayor McGovern spoke about changes that are not consistently changed in all sections of the Municipal Code. Mr. Nardone stated that the Traffic Regulations have always been followed in this regard. Vice Mayor McGovern spoke about the need for more bike racks in neighborhoods to allow people to have alternative to attaching bikes to trees. Mr. Dwyer stated that the Community Development Department and the Traffic, Parking and Transportation Department scopes out locations for bike racks.
Mr. Nardone stated that the Community Development Department and the Traffic, Parking and Transportation Department have increased the number of bike racks. At this time Vice Mayor McGovern submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to provide to the City Council information on their plan for installing more bike racks around the City.
The motion carried on a voice vote.
Councillor Cheung inquired if a scooter is attached to a tree can it be removed. Mr. Dwyer responded in that affirmative but this is a different regulation. Councillor Cheung noted that this is a minor amendment to the Municipal Code.
Councillor Carlone spoke about coordinating the different parts of the ordinance and that there should be a reference to the Traffic Regulation in the Municipal Code. He stated that leaving a bike tied to a tree for 72 hours is ridiculously. Mr. Nardone stated that bikes are not registered and the City has no way of contacting the bike owner. Mr. Dwyer stated that when a bike is retrieved Public Works has a process that they follow. He explained that retrieving a bike by Public Works after hours could be problematic.
Mr. Nardone explained that bikes taken have no fines like a motor vehicle.
Vice Mayor McGovern asked what is done with recycled bikes. Mr. Nardone stated that he organizes and fixes the bikes.
Councillor Carlone opened public comment at 3:32pm.
Marilyn Wellons, 651 Green Street, stated that this is a good step to pay attention to the trees. She stated that the whole discussion is about bikes and motor vehicles. She spoke about the danger of chaining items to the trees compared to how things are passed through the tree hearings. She spoke about a tree hearing scheduled for April 26 to the King Open School on Cambridge Street where there are five trees that are in the way of construction. She added that the City stock of trees is being treated like they are Kleenex. She stated that the tree warden position dates back to the 17th century. She wanted horses retained in the Municipal Code. The City needs to rethink its policy about where the trees are standing.
She spoke about climate change. Ms. Wellons stated that changes to this section of the Municipal Code will not protect the trees and that construction harms to the trees. The City needs to take the initiative to protect the trees. She stated that bikes should be registered.
Councillor Carlone closed public comment at 3:38pm.
Councillor Cheung stated that this is redundancy and that it is a good practice to update the ordinance. This will not have any impact. It is already being done. At this time Councillor Cheung made the following motion:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide the City Council with language that references the Traffic Regulations in the Municipal Code in 12.16.030 entitled Trees – Climbing – Signposting – Fastening horses.
The motion carried on a voice vote.
Councillor Cheung moved that the matter be referred to the full City Council with a favorable recommendation. The motion carried on a voice vote.
The following e-mails were received:
Communication from Carol O’Hare, 172 Magazine Street, suggesting that the 12.16.030 be renamed to Bike securing or Bike locking (ATTACHMENT D).
Communication from Jeffrey Lawrence Rosenblum transmitting a copy of Bicycles Locking to Trees Behavior Change Report_MIT_2014 (ATTACHMENT E).
Councillor Carlone thanked all those present for their attendance.
The hearing adjourned at 3:44pm.
For the Committee,
Councillor Dennis J. Carlone, Co-Chair
Committee Report #2
The Government Operations, Rules and Claims Committee held a public hearing on Tues, May 3, 2016 beginning at 4:35pm in the Sullivan Chamber.
The purpose of the hearing was to continue to discuss the development of the process for the selection of a new City Manager.
Present at the hearing were Councillor Maher, Chair of the Committee; Councillor Cheung; Councillor Mazen; Vice Mayor McGovern; Councillor Toomey; Councillor Kelley; Councillor Devereux; Mayor Simmons; Lisa Peterson, Deputy City Manager; Nancy Glowa, City Solicitor; Amy Witts, Purchasing Agent; Sheila Keady Rawson, Personnel Director; Maryellen Carvello, Office Manager, Executive Department; Lee Gianetti, Director of Communication and Community Relations; and City Clerk Donna P. Lopez.
Also present were Gary Mello, 324 Franklin Street; John Hawkinson, 2 Clinton Street; Saul Tannenbaum, 16 Cottage Street; and Peter Valentine, 37 Brookline Street.
Councillor Maher convened the hearing and explained the purpose. He stated that the meeting is being audio and video recorded. An agenda for the meeting was distributed as follows:
AGENDA
Purpose:
- Continue development and approval of the new City Manager Search process
I. Review and approve the Proposed Preliminary-Screening Committee
II. Update on RFP Process
III. Search process confidentiality
IV. Next Steps
He stated that the framework of the committee composition will be the primary focus of today’s discussion and that the Purchasing Agent will give a brief update on the RFP.
Councillor Maher presented a draft of the proposed preliminary screening committee for the committee’s consideration (ATTACHMENT A). It was recommended that the number of members on the preliminary screening committee should be reasonable. In the past it was suggested that the number should be about 12 and in this case he increased it to 18 and was the number used in the search for the school superintendent. He explained that the problem with having too many people on the committee is that if interviews are 90 minutes and all of the members on the committee ask questions the time can run out very easily. He highlighted the makeup of the preliminary screening committee. There are many ways that residents can serve on the committee as many of the designated categories will be Cambridge residents. A member of the school committee has been added at the request of this committee. He stated that the Public Safety representative could be a member of the police, fire or 911 emergency communications. Councillor Maher stated that he believes that this framework will work. He spoke about the number of ways to find these members. He stated a mini-job description would be done and posted and the people interested would be asked to either self-nominate, people could be nominated by members of the community or the City Council could recruit people that fit into the categories. The applicants will be asked to mark on an application form which of the categories that they fall into. There may be multiple ways people may be selected. He noted that the way that people will be selected has not been decided. He hoped that this draft of the preliminary screening committee could be passed and then the process could move forward. The preliminary screening committee would begin their work in the beginning of September. Recruitment for this preliminary screening committee could be done between May and early August with the committee coming together in late August.
Mayor Simmons asked how this committee will fit into process. Councillor Maher stated that this group is charged with doing the initial interviews and narrowing the field of candidates. He stated that the professional search firm and the Personnel Director will be accepting applications and the professional search firm will present a slate of candidates that they believe are the top eight-nine candidates to the preliminary screening committee. The preliminary screening group will review the applications and will then conduct the first round of interviews. The preliminary screening committee will narrow the selection of eight-nine applicants down to three applicants. The three applicants will be forwarded to the nine City Councillors for an in-depth final decision.
Mayor Simmons expressed a desire to have a member from the interfaith community. Councillor Maher stated that the interfaith community could be a resident, a member of the non-profit community or a member of the health and human service community categories. Mayor Simmons noted that there are a number of members of the interfaith community who do not reside in Cambridge and she did not want them excluded. Mayor Simmons stated that it is important that the preliminary screening committee be representative of the community by race, class, gender, and social economic status. Councillor Maher stated that the committee of 18 must represent a cross section of people in Cambridge. Mayor Simmons asked if 18 is a set number; she suggested that the number should be an odd number. Councillor Maher stated that this is a good point. He noted that members of the preliminary screening committee must commit wholeheartedly to this process which is expected to take a minimum of three full days as all of the candidates must be given an equal opportunity.
Councillor Kelley spoke about the challenge of finding members as he has experienced problems recruiting for his resiliency committee. He urged that the best that can be done to recruit should be done Councillor Maher explained that in the initial stages of forming the committee during the superintendent search it became evident that further recruitment was needed to balance the committee by gender and race. He stated that all collectively need to work on this process to ensure success.
Vice Mayor McGovern asked if there were school committee members on the search process for the superintendent. Councillor Maher responded in the affirmative. Vice Mayor McGovern asked did this work out. Councillor Maher responded in the affirmative. He added that every person on the committee has an equal say. Vice Mayor McGovern stated that there will be four members of the City Council on the preliminary screening committee, but it takes five votes to select a City Manager. This gives four City Councillors more power over the hiring of the next City Manager. He commented that there could possibly be four votes lined up. These City Councillors will have more sway and this is a concern and could be problematic. Councillor Maher stated that this is a good point. He stated in this process the Personnel Director, as a non-voting member, would be the chair of this committee and would ensure that this committee is following all the proper adherence to the law. Councillor Maher stated that in designing the process for the superintendent selection the initial design had no representative from the school committee and it needed to be redesigned. The City Council only gets one pass at the interview in this process. Under the open meeting law you cannot four members of the City Council on the committee.
Vice Mayor McGovern stated that he would rather that there be only two City Council members.
Councillor Devereux asked how many member of the school committee were on the superintendent process. Councillor Maher responded that there were three school committee members; one short of a quorum. These members were not all in agreement with the prevailing side of the group’s decision.
Councillor Toomey stated that this is a comprehensive and reflective representation of the community. He stated that the City Council will be in the minority. Councillor Maher stated that there are many ways to look at this. If the process is transparent and inclusive of the community this is the only way to do this. There is a risk that your candidate many not move forward. He believes that this process is fair and has proven that it works well. Vice Mayor McGovern asked if a representative from the school administration should be on this committee. Councillor Maher stated that he originally had a senior School Department representative on the committee, but a member of the City Council wanted a member of the school committee on the committee so it was changed.
Councillor Cheung stated that it seems he that the Attorney General's Office and the Open Meeting Law is preventing us from doing the job that we were elected to do. The process is not perfect, but this seems thoughtful and inclusive of the community.
Councillor Maher asked if Vice Mayor McGovern wanted to amend the Draft of the preliminary screening committee to include the possibility of a School Department senior administrative team representative. Vice Mayor McGovern wanted it to be lighter on the member of elected officials.
Vice Mayor McGovern amended the draft preliminary screening committee to read:
Representative from the Cambridge School Committee or a senior School Department administrative representative. The amendment carried on a voice vote of four members.
Councillor Toomey stated that he did not want this to be the Superintendent of Schools as it will be at the beginning of the school year.
Vice Mayor McGovern further amended the draft preliminary screening committee to add a category and to have the number of the committee be increased to nineteen by adding a category for the interfaith community. The amendment carried on a voice vote of five members.
Councillor Maher asked the Purchasing Agent for an update on the RFP process. Ms. Witts stated that this is an open solicitation and not appropriate that she comment to much on the RFP status. She informed the committee that the proposal are due on Thurs, May 5 at 11:00am in the Purchasing Department and there are 55 firms on the bid list.
Councillor Mazen asked if Ms. Witts could say if there have been enough responses. Ms. Witts stated that she is confident that there will be submittals.
Vice Mayor McGovern asked how the firm is chosen. Councillor Maher responded that four City Councillors and three senior staff will be on the RFP review committee which will be coming out soon. This committee is appointed by the City Manager per the City Charter and state law. This will happen soon.
Councillor Maher explained the next steps. He stated that once the search firm decision has been made there are 2 other pending issues for the committee to act on. The selected firm will be brought in for an initial discussion and a public meeting and the firm will meet with the City Council and with senior staff to gather information. The other issue is the extension of the current City Manager's contract until Sept 30, 2016.
Councillor Maher spoke about the importance of respecting confidentiality throughout the process; applicants’ names need to be confidential. This is a highly restricted process.
Councillor Devereux questioned once the RFP committee is formed and a selection is made will the focus groups still occur in June. Councillor Maher stated that the firm will discuss the timeline. Ms. Witts commented that the timeline is contained in the RFP.
Councillor Mazen expressed his concern that there is no youth representation on the preliminary screening committee. He suggested youth involvement could be a civic experience. Councillor Maher noted that there will be plenty of opportunity for youth to be involved during the focus group part of the process. Councillor Mazen noted that there are few 18-34 year olds participating in the civic process and that this would useful in the screening committee.
Councillor Maher opened public comment at 5:11pm.
Peter Valentine stated that he cares about civilized existence. He stated that the potential city manager should be a person who has managed a complex city for at least four years and should not have been fired and an examination of the economic stability of prior managed community should be reviewed. He submitted his comments (ATTACHMENT B).
Saul Tannenbaum stated that this process is thoughtful and he appreciated the work that will go into this process. He stated that since the only requirement for hiring a City Manager is 5 votes. It is possible that three candidates could come out of the screening process and five members of the City Council could vote for someone else. This is hypothetically possible. He made an observation about the interfaith representative. He raised concern as an atheist. This excludes people who have another faith entirely.
Councillor Maher responded that if the City Council did not feel comfortable with the three candidates referred to them the City Council would state that the search did not yield a qualified candidate. Then this would go back to what the next step would be. He further stated that work can be done on the wording of the interfaith category. Councillor Mazen suggested the wording of non-secular or humanist.
Councillor Devereux stated that Mr. Tannenbaum raised a good point. She stated that many resident categories may also include members of the interfaith community and the other categories could include this as well. Councillor Kelley stated that he is comfortable having a formal member of the faith community on the preliminary screening committee.
Councillor Maher closed public comment.
Councillor Maher moved that the amended framework be adopted (ATTACHMENT C). The motion carried on a voice vote of five members.
Councillor Maher stated that at the next meeting the committee will work on the extension of the City Manager's contract and will refer this to the full City Council. There will also be an update from the Purchasing Agent on the RFP process.
Councillor Maher thanked all present for their attendance.
The hearing was adjourned at 5:19pm on motion of Councillor Toomey
For the Committee,
Councillor David P. Maher, Chair,
Proposed Preliminary-Screening Committee (18 members)
(4) City Council members
(3) *Resident representatives (who have demonstrated advocacy in support of community needs)
(2) Business related representatives (with demonstrated partnership experience, ideally one person representing a large company and one from a small business)
(1) Representative from the Cambridge School Committee or senior School Dept. Administrative representative
(1) Public Safety representative (Police/Fire departments)
(1) Person with demonstrated knowledge of municipal finance
(1) Health and Human Services/Public Health representative
(1) Representative with knowledge of City Planning and Development (experience in urban design and transportation issues preferred)
(1) Higher education/institutional partner
(1) Public art, open space or recreational spaces representative
(1) Affordable housing advocate
(1) Non-profit community representative
(1) Interfaith community representative
* Please note: The total number of resident members will be significantly higher as many of the designated category representatives will be Cambridge residents.
AWAITING REPORT LIST
16-9. Report on organizing a Volpe Task Force made up of representatives from abutting neighborhood groups and Kendall Square residents and businesses.
Councillor Toomey (O-2) from 2/1/2016
16-10. Report on ways the City of Cambridge can implement such a service with the goal of notifying residents of city-wide and neighborhood events and meetings via automated calls or text messages.
Vice Mayor McGovern, Councillor Devereux (O-3) from 2/1/2016
16-13. Report on the study the benefits of a wellbeing index and plan for how it might be incorporated into various City planning processes, including the city wide Master Plan.
Councillor Carlone, Vice Mayor McGovern (O-6) from 2/22/2016
16-16. Report on financial impacts and a plan to take Vail Court eminent domain.
Vice Mayor McGovern, Mayor Simmons (O-12) from 2/22/2016
16-17. Report on what new measures must be implemented in order to prevent school buses and other large vehicles from accessing Magee Street.
Mayor Simmons (O-2) from 2/29/2016
16-19. Report on hygiene products in public restrooms.
Councillor Cheung, Mayor Simmons (O-4) from 3/14/2016
16-20. Report on follow-up to swatting/school bomb threats.
Councillor Kelley (O-6) from 3/14/2016
16-21. Report on the use of shuttle buses to other pools during renovations of Gold Star Mother's Pool.
Councillor Toomey (O-7) from 3/14/2016
16-22. City Council opposition to investing funds from the Cambridge Retirement System in any entities that are involved in or support the production or upgrading of nuclear weapons systems.
Mayor Simmons (O-68) from 3/21/2016
16-24. Report on what additional measures can be taken to ensure that pedestrians are able to safely cross at the intersection of Cameron Avenue and Massachusetts Avenue.
Mayor Simmons (O-2) from 4/4/2016
16-25. Report on traffic-calming and safety improvements can be made at the intersection of Bristol Street and Webster Avenue.
Councillor Toomey (O-4) from 4/4/2016
16-26. Report on the possibility of the City Council implementing a zoning change, on the permitting of all new restaurants where a wood-fired oven is used as a significant method of food preparation.
Councillor Kelley, Councillor Devereux, Councillor Carlone (O-5) from 4/4/2016
16-27. Report on the feasibility of an education campaign that would be available to all property owners through tax bills and other sources to educate residents about watering street trees near their property, refilling Gator Bags, and other tips for caring for street trees and the possibility of implementing an "Adopt-a-Tree" program.
Councillor Devereux, Councillor Carlone (O-8) from 4/4/2016
16-28. Report on the possibility of allowing local businesses to voluntarily donate collected bag fees to non-profit organizations, the newly designed Community Benefits Fund, or the Cambridge Non-Profit Coalition.
Councillor Cheung (O-9) from 4/4/2016
16-29. Report on timeline for the implementation of the C2 non-zoning recommendations.
Vice Mayor McGovern, Mayor Simmons (O-16) from 4/4/2016
16-30. Report on traffic-calming solutions that could be implemented at the intersection of Lincoln and Windsor Streets.
Councillor Toomey (O-19) from 4/4/2016
16-31. Report on restoring the 4-way STOP sign at the intersection of Charles Street and Second Street.
Councillor Toomey (O-21) from 4/4/2016
16-32. Report on what measures can be taken to provide for a safer crossing for pedestrians and cyclists at the intersection of Sparks Street and Mount Auburn Street.
Councillor Devereux (O-104) from 4/11/2016
16-33. Report on the feasibility of hosting additional drop-off locations to provide for the safe disposal of unused prescription medications.
Councillor Devereux (O-106) from 4/11/2016
16-35. Report back to the City Council and the community with a response to the concerns and assessment of the Bring Your Own Bag ordinance.
Mayor Simmons (O-111) from 4/25/2016
16-36. Report of patterns that Inman Square, Wellington Harrington and Port residents should be cognizant of procedures that should be followed if they feel their mail has been tampered with.
Councillor Toomey (O-112) from 4/25/2016
16-37. Report on whether additional signage around Market Street could be effective in encouraging pet owners to clean up after their pets.
Mayor Simmons (O-114) from 4/25/2016
16-38. Report on identifying a suitable, temporary space to establish an enclosed dog park while the Pacific Street park is being re-done or to add temporary fences to Fort Washington.
Vice Mayor McGovern (O-115) from 4/25/2016
16-39. Report on any progress that has been made on the willingness of the City of Cambridge to contribute to a successful Green Line Extension and if there has been conversations with local developers regarding the same. See Mgr #8
Councillor Toomey (O-116) from 4/25/2016
16-40. Report on the installation of ADA compliant sidewalks on Huron Avenue and consider additional features to guarantee the safety of all other users.
Councillor Devereux, Councillor Mazen (O-118) from 4/25/2016
16-41. Report on what measures can be taken to address the inadequate cell reception of the residents living at 303 Third Street.
Mayor Simmons (O-121) from 4/25/2016
16-42. Report on plans for the former Riverside Community Health Center on Western Avenue, including transfer of ownership of the building to the City and the process for determining future usage.
Vice Mayor McGovern (O-124) from 5/2/2016
16-43. Report on publishing a Cambridge Voter's Guide to be distributed to each household in Cambridge a month before the 2017 municipal election.
Mayor Simmons, Councillor Devereux, Councillor Mazen, Vice Mayor McGovern (O-127) from 5/2/2016