Cambridge City Council meeting - June 30, 2014 - AGENDA
CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-31, regarding the possibility of installing a bus shelter in front of Millers River Apartment on Cambridge Street; Awaiting Report Item Number 14-33, regarding continued upgrades and improvements to bus shelters across the City; and Awaiting Report Item Number 14-61, regarding a report on the feasibility of installing a bus shelter at the corner of Mass Avenue and Cedar Street.
2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of Christina E. Giacobbe as Director of Emergency Communications effective July 21, 2014.
3. Transmitting communication from Richard C. Rossi, City Manager, relative to a Planning Board recommendation on Flaherty, et al Zoning Petition (Medical Marijuana Dispensary on Mooney Street).
Referred to Petition
CHARTER RIGHT
1. That the City Council go on the record in opposition to any type of casino project in the Greater Boston area whether constructed and managed by Mohegan Sun or Wynn Resorts. [Charter Right exercised by Councillor Simmons on Order Number Five of June 16, 2014.]
Tabled - Cheung
ON THE TABLE
2. That the City Manager is requested to confer with the Cambridge Arts Council to determine the types of spaces that are most needed within the local arts community with the view of using the Foundry to fill those needs and to allocate appropriate funds to make appropriate upgrades for the purpose of creating a community arts center. (Order Amended by Substitution.) [Order Number Ten of Jan 27, 2014 Placed on Table on motion of Mayor Maher on Jan 27, 2014.]
3. An application was received from Ting-hsu Chen requesting permission to widen the existing curb cut at the premises numbered 14 Soden Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Six of Feb 24, 2014 Placed on Table on motion of Councillor Simmons on Feb 24, 2014.]
4. That the City Manager be and hereby is requested to invite Professor Lawrence Blum to be a member of the city's new Citizen Committee on Civic Unity in addition to the distribution of his book about racism to all City departments that provide services to Cambridge youth and young adults. [Order Number One of June 9, 2014 Placed on Table on motion of Councillor Kelley on June 9, 2014.]
Adopted as Amended
Calendar item #4 Amended Order Adopted 9-0
June 9, 2014June 30, 2014
COUNCILLOR KELLEY
WHEREAS: Diversity is one of the greatest strengths of our city and our municipal institutions; and
WHEREAS: Cambridge should be a model for anti-racist civic youth and adult education; and
WHEREAS: Cambridge is creating a new Citizen Committee on Civic Unity; and
WHEREAS: Cambridge is fortunate to have citizen who are scholars who write about our city's most important issues; now therefore be it
RESOLVED: That the City Council go on record extending its appreciation to Professor Lawrence Blum, Cambridge resident, Distinguished Professor of Liberal Arts and Education and philosophy professor at University of Massachusetts, Boston, and parent of three Cambridge Public School alumni, for his groundbreaking book about the Cambridge Rindge and Latin School: High Schools, Race, and America's Future: What Students Can Teach Us About Morality, Diversity, and Community; and be it further
RESOLVED: That the City Clerk be and is requested to forward a suitabley engrossed copy of this resolution to Professor Lawrence Blum on behalf of the entire City Council.
UNFINISHED BUSINESS
5. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee for a public hearing held on Nov 22, 2013 to conduct a public hearing on an amendment to the Municipal Code by adding a new Chapter 8.68 entitled "Concussion Prevention and Management in Youth Activities at City Facilities." The question comes on passing to be ordained on or after Dec 23, 2013.
6. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee for a public hearing held on Dec 19, 2013 to conduct a public hearing on an amendment to the Municipal Code in Chapter 8.67 entitled relating to Plastic Bag Reduction. The question comes on passing to be ordained on or after Feb 24, 2014.
APPLICATIONS AND PETITIONS
1. An application was received from Morris Nagar-3MJ Associates, LLC requesting permission to relocate an existing curb cut at the premises numbered 10 Essex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the neighborhood association.
2. An application was received from Euphoria Barbershop requesting permission for a sandwich board sign in front of the premises numbered 766B Cambridge Street.
3. An application was received from City of Cambridge Human Services Department and CambridgeSide Galleria requesting permission for a temporary banner across JFK Street at Mount Auburn Street and Massachusetts Avenue at City Hall announcing Run & Ride @ CambridgeSide on July 27, 2014.
4. An application was received from Gillien Todd and Kingsley Taft requesting permission to relocate an existing curb cut at the premises numbered 136 Lakeview Avenue; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. Response has been received from the neighborhood association.
5. A zoning petition has been filed by Dennis Carlone, et al. requesting the City Council to amend the Zoning Ordinance of the City of Cambridge to designate the City Council as the exclusive special permit granting authority for Project Review Special Permits.
Referred to Ordinance Committee and Planning Board
To the Honorable, the City Council:
The undersigned hereby petition the City Council of the City of Cambridge to amend the Zoning Ordinance of the City of Cambridge to designate the City Council as the exclusive special permit granting authority for Project Review Special Permits.
Earlier this year, the City Council adopted a policy order resolution that has set in motion a process to establish a citywide Master Plan as required by Massachusetts General Laws, Chapter 41, Section 810. The start of the Master Plan process represents a major milestone for our city, and after some initial debate and a number of productive conversations, a consensus has emerged and the Master Plan is now expected to be completed over the course of the next two and a half years.
Nevertheless, many residents recognize that we cannot wait to address the multitude of challenges that are currently facing our city- especially with respect to affordable and middle-income housing, traffic mitigation and the need to further develop our multi-modal transit infrastructure, climate preparedness, adaptation, and resilience, and the continued enhancement of our neighborhoods and public spaces through good Urban Design practices.
Therefore, we respectfully ask the City Council to utilize all of the tools at its disposal- including the provisions of Massachusetts General Laws, Chapter 40A, Section lA, which enables the City Council to designate itself a special permit granting authority. This change will not affect smaller proposals or any "by-right" development, but it will create a mechanism for policymakers to review larger projects that are likely to have significant impact on abutting properties and the surrounding urban environment.
Amend the text of the Zoning Ordinance of the City of Cambridge by adding the following section 19.60:
19.60 CITY COUNCIL PROJECT REVIEW
19.61 Purpose. It is the intent of this Section 19.60 to modify the provisions of Section 19.20 by making the City Council the special permit granting authority for all Project Review Special Permits.
19.62 Granting Authority. Notwithstanding any other provision of this Ordinance, the City Council shall be the exclusive special permit granting authority for all Project Review Special Permits granted under Section 19.20 and shall be considered a "special permit granting authority" as referenced in Section 10.40 of this Ordinance and as expressly authorized by Section 9 of the Zoning Act M.G.L., Ch 40A.
19.63 Term of Effect. The provisions of this Section 19.60 shall apply to any application and any amendment of an application for Project Review Special Permit relief that is or has been filed on or before Saturday, December 31, 2016 and shall otherwise terminate and expire on that date.
19.64 Project Review Special Permit Application. Notwithstanding any other provision of this Ordinance, an application for a Project Review Special Permit shall be made to the City Council. The City Council shall adopt and from time to time amend rules relative to the issuance of Project Review Special Permits, and shall file a copy of said rules in the office of the City Clerk. The Project Review Special Permit application shall consist of all materials described in Section 19.24 of this Ordinance, with the exception that the City Council's rules may specify or allow for a supplemental form to augment or replace the Planning Board Special Permit Application Form, provided that all of the information required and specified under Section 19.24 be included in the application.
19.65 Procedure. A Project Review Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the City Clerk, a copy of which shall be given to the City Council by the applicant. Notice of each application to the City Council for a Project Review Special Permit shall be transmitted forthwith to the Planning Board and the Community Development Department, which shall, within thirty-five (35) days of the receipt of such notice, jointly transmit to the City Council a report accompanied by any material, maps, or plans that will aid the latter in judging the application and in determining special conditions and safeguards. The City Council shall not render any decision on an application for a special permit until said report has been received and considered or until the thirty-five (35) day period has expired without receipt of the report, whichever is earlier.
19.65.1 Additional Notification Requirements. An applicant for a Project Review Special Permit shall be required to erect and maintain in legible condition one or more public notification panels at the site for which the Project Review Special Permit relief is requested. The required panels shall be secured by the applicant from the Community Development Department and shall be erected and maintained pursuant to the provisions of Section 10.42.1 of this Ordinance.
19.66 Review Criteria. In granting a Project Review Special Permit, and notwithstanding any provision of this Ordinance to the contrary, the City Council shall make Traffic Impact Findings and Urban Design Findings and apply Traffic Impact Indicators pursuant to the provisions of Section 19.25 and shall also make findings relative to the general criteria for issuance of a Project Review Special Permit as set forth in Section 10.43 of this Ordinance. For the Term of Effect of this Section 19.60, the provisions of Section 19.25 and Section 10.43 shall be followed in accordance with the Purpose of this Section 19.60. In consultation with the Traffic, Parking, and Transportation Department, the City Council shall adopt, publish, and make available to all applicants precise numerical values that will be deemed to indicate potentially substantial adverse impact for each of the Traffic Impact Indicators listed under Section 19.25.11 of this Ordinance.
19.67 Expiration. A Project Review Special Permit granted by the City Council shall be subject to the Expiration provisions of Section 10.46 of this Ordinance.
19.68 Repetitive Applications. No application for a Project Review Special Permit which has been unfavorably acted upon by the City Council shall be acted favorably upon within two years after the date of unfavorable action unless the City Council finds, by a two-thirds vote, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. The granting of "leave to withdraw" after an application for a Project Review Special Permit has been advertised shall be considered unfavorable action.
Signers of the petition:
Dennis Carlone, 9 Washington Ave., Cambridge, MA 02140
Shelley Rieman, 201 Franklin St, Cambridge 02139
Kathy Watkins, 80 Fawcett St., Cambridge, MA 02138
Jan Devereaux, 255 Lakeview Ave., Cambridge, MA 02138
Ovadia R. Simha, 6 Blanchard Rd., Cambridge, MA 02138
Terry Drucker, 88 Chilton St., Cambridge, MA 02138
Peggy Barnes Lenart, 115 Fayerweather St., Cambridge, MA 02138
Peter Crawley, 88 Thorndike St., Cambridge, MA 02141
Susan Ringler, 604 Green St., Cambridge, MA 02139
Edward Wolker, 79 Dana St., Cambridge, MA 02138
Quinton Zondervan, 235 Cardinal Medeiros Ave., Cambridge, MA 02141
Gary Dmytryk, 2440 Mass. Ave., Cambridge, MA 02140
Catherine Hoffman, 67 Pleasant St. Cambridge, MA 02139
Torgun Austin, 28 Bristol St., Cambridge, MA 02142
Jacqueline Dee King, 40 Essex St., Cambridge, MA 02139
Eric Grunebaum, 98 Montgomery St., Cambridge, MA 02140
Bill Forster, 244 Lexington Ave., Cambridge, MA 02138
Gladys "Pebble" Gifford, 15 Hilliard St., Cambridge, MA 02138
Lee Farris, 269 Norfolk St., Cambridge, MA 02139
Michael J. Hawley, 101 Third St., Cambridge, MA 02141
Richard Goldberg, 170 Harvard St., Cambridge, MA 02139
Heather Hoffman, 213 Hurley St., Cambridge, MA 02141
Carol O'Hare, 172 Magazine St., Cambridge, MA 02139
Nancy Ryan, 4 Ashburton Place, Cambridge, MA 02139
Mark Jaquith, 213 Hurley St., Cambridge, MA 02141
Nadeem Mazen, 7 Centre St., Cambridge, MA 02139
COMMUNICATIONS
1. A communication was received from Gerald Bergman, 82 Elm Street regarding City Manager Agenda #22 of June 16, 2014 - World Cup political reality.
2. A communication was received from Gerald Bergman, 82 Elm Street regarding City Manager Agenda #21 of June 16, 2014 - Council Aides.
3. A communication was received from Gary Dmytryk, a member of the Board of Trustees of Cambridge Point Condominiums at 2240 Massachusetts Avenue transmitting their concerns about the proposed MBTA bus shelter for the corner of Cedar Street
4. A communication was received from Frank Saccomandi, 2440 Massachusetts Avenue transmitting concern regarding the proposed bus shelter outside 2440 Massachusetts Avenue.
5. A communication was received from Peter Valentine, 37 Brookline Street regarding creating and passing laws before thousands of people are put out of work by new technologies.
6. A communication was received from Rick Snedeker, 107 Clifton Street regarding a request for a Special Act Charter for Cambridge that does not include Proportional Representation.
7. A communication was received from Brian Murrihy, 2440 Massachusetts Avenue regarding MBTA proposed bus shelter at 2440 Massachusetts Avenue.
8. A communication was received from Beverly A. Scott, Ph.D., General Manager and Rail & Transit Administrator, Massachusetts Department of Transportation regarding the upcoming changes to the MBTA cleaning services contract.
9. A communication was received from Susan Ringler, 604 Green Street transmitting support for the Building Energy Disclosure Ordinance.
Referred to Proposed Ordinance
10. A communication was received from Richard Dimino, President & CEO, A Better City, 33 Broad Street, Boston, MA transmitting support of the City of Cambridge proposed Building Energy Use and Disclosure Ordinance on behalf of the diverse range of Cambridge businesses and institution our organization represents.
Referred to Proposed Ordinance
11. Sundry communications were received regarding the East Cambridge Courthouse. [There are 38 individual signed letters plus an additional 74 petition signatures.]
12. A communication was received from James Williamson, 1000 Jackson Place transmitting comments regarding the Transportation Committee public meeting on Concord-Alewife t the Tobin School.
13. A communication was received from Nancy Ryan regarding why we need for the City Council to become a Special Permit Granting Authority.
14. A communication was received from Beth Stevens, 100 Spring Street transmitting support on the initiative put forward by Councillor Carlone for the City Council to take on direct responsibility for the approval of large scale projects in the City during the development of the master plan proposal.
15. A communication was received from Lee Ferris transmitting support the Carlone Petition on Large Project Special Permits.
16. A communication was received from Robin Finnegan, 31 Hubbard Avenue regarding the appointed Planning Board should continue as the body with Special Permit Grant Authority.
RESOLUTIONS
1. Resolution on the death of Mary L. (Silva) DeFreitas. Councillor Toomey
2. Resolution on the death of Mary P. (Galante) Ivy. Councillor Toomey
3. Resolution on the death of Lorraine Theresa (Duarte) Silva. Councillor Toomey
4. Commemoration of the 60th anniversary of Brown v. Board of Education ruling. Vice Mayor Benzan
5. Resolution on the death of Thomas M. Cusack, Sr. Councillor Toomey
6. Resolution on the death of Mary R. (Callahan) Jeffres. Councillor Toomey
7. Retirement of Beverly Shelton from the Assessing Department. Mayor Maher
8. Speedy recovery wishes to City Clerk Donna P. Lopez. Councillor Simmons
9. Resolution on the death of Joseph F. Doty. Mayor Maher
10. Congratulating the Cambridge Community Learning Center on their graduation ceremony. Councillor Cheung
11. Congratulating Universal Village on the occasion of their International Conference of Universal Village 2014. Councillor Cheung
12. Thanking Tasty Burger and owner David DuBois for their continued support of non-profit organizations and youth activities in Cambridge. Mayor Maher
13. Congratulating the East End House for achieving re-accreditation from both the Council on Accreditation (COA) and the National Association for the Education of Young Children (NAEYC). Mayor Maher
14. Happy 50th Wedding Anniversary to Charles and Judy Laverty. Councillor Toomey
15. Resolution on the death of Joseph DeVito. Councillor Toomey
16. Wishing Andrew Farrar a Happy Birthday. Councillor McGovern
17. Wishing Anna Connolly a Happy Birthday. Councillor McGovern
18. Wishing Betty Bardige a Happy Birthday. Councillor McGovern
19. Wishing Donald Bruzzese a Happy Birthday. Councillor McGovern
20. Wishing Ellen Shachter a Happy Birthday. Councillor McGovern
21. Wishing Katherine Roberts a Happy Birthday. Councillor McGovern
22. Wishing Larry Weinstein a Happy Birthday. Councillor McGovern
23. Wishing Laura Frisoli a Happy Birthday. Councillor McGovern
24. Wishing Lawrence Childs a Happy Birthday. Councillor McGovern
25. Wishing Lynne Hall a Happy Birthday. Councillor McGovern
26. Wishing Mindy Menschell a Happy Birthday. Councillor McGovern
27. Wishing Nicholas Szentgyorgyi a Happy Birthday. Councillor McGovern
28. Wishing Shannon Egleson a Happy Birthday. Councillor McGovern
29. Wishing Victoria Helberg a Happy Birthday. Councillor McGovern
30. Wishing Miranda Bergman a Happy Birthday. Councillor McGovern
31. Recognizing Steve Johnson as a community builder in Cambridge and thanking him for his contribution to the vitality of Central Square as chef-owner of Rendezvous, and wishing him all the best with his new restaurant, The Red Dory, opening this fall in Tiverton. Councillor McGovern
32. Wishing Angel de Dios Salcedo a very happy birthday. Vice Mayor Benzan
33. Wishing Araminta Romero a Happy Birthday. Vice Mayor Benzan
34. Thanking the restaurants, local businesses and volunteers who made the 21st annual Hoops and Health event a success. Mayor Maher
35. Congratulating the West Cambridge Yankees for winning the 2014 Mayor's Cup for the Major League division. Mayor Maher
36. Congratulating the West Cambridge Red Sox for winning the 2014 Mayor's Cup for the Minor League division. Mayor Maher
37. Congratulating Wade Boykin and Nikole Killion on their marriage. Vice Mayor Benzan
38. Commemorating the 50th anniversary of the Mississippi Freedom Summer. Vice Mayor Benzan
39. Expressing get well wishes for a speedy recovery to George R. Greenidge, Sr. Vice Mayor Benzan
40. Congratulating Sandy Bailey and Liz Nania on their upcoming marriage on July 12, 2014. Councillor Simmons
41. Congratulations to Helen Brown Bryant on her appointment as Judge for Suffolk County. Councillor Simmons
42. Congratulations to Nesire Hadjiat and Mohammed Gaouar on their recent marriage. Councillor Simmons, Councillor McGovern, Councillor Toomey
43. Resolution on the death of Malcolm Betts. Mayor Maher
44. Resolution on the death of Antoinetta Lopolito. Councillor Toomey
ORDERS
1. That the City Manager is requested to report back to the City Council on rodent control operations that the city is undertaking this summer and to investigate the possibility of providing rodent-proof trash barrels to residents to help combat the rodent issue. Councillor Toomey
2. That the City Manager is requested to work with the Cambridge Housing Authority and other necessary City departments to aid Comcast in sending out a mailing to promote internet essentials applications. Councillor Mazen and Councillor Cheung
3. That the City Manager is requested to confer with the appropriate departments to investigate the need for traffic-calming measures on Inman Street between Hampshire Street and Broadway, particularly the intersection of St. Mary's Road Councillor Toomey
4. That the City Manager confer with relevant City staff and, as appropriate, state agencies, to determine if the bulky walls, stanchions, wires, chains and other devices that separate outdoor seating from commonly accessible public sidewalk and plaza space may be replaced by something less intrusive, such as painted lines on the ground to delineate serving space, thereby making sidewalk and plaza space more accessible to customers, wait staff and the general public as opposed to having physical barriers at the edge of a serving area constrain the public right of way. Councillor Kelley
5. That the City Manager confer with relevant City staff and report back to the City Council on possible options Cambridge might adopt to combat bicycle theft overall, identify specific high bicycle theft areas and specifically address those theft threats and explore how the City might assist in implementing bicycle recovery programs. Councillor Kelley
6. That the City Manager direct the Community Development Department to work with Briston Arms LLC, local non-profit housing agencies, the Affordable Housing Trust, and other public partners to develop a plan to preserve affordable homes at Briston Arms. Councillor McGovern and Councillor Simmons
7. That the Housing Committee place on its agenda a discussion of what efforts the City can make to ensure that the Close Building at 243 Broadway will remain affordable beyond the scope of its original designation as an affordable building. Councillor Simmons and Councillor McGovern
8. That the City Manager is requested to remove obstacles to HMart having a patio on Massachusetts Avenue by allowing consent for the patio to extend in front of a neighboring consenting business, and finding a new location for the bike racks. Councillor Cheung
9. That the City Council go on record expressing its support for the repeal of non-compete clauses and encourages the Cambridge delegation of the Massachusetts Legislature to take action in ending the enforcement of non-compete clauses in Massachusetts in order to continue supporting and strengthening the innovation economy in Cambridge and throughout the Commonwealth. Mayor Maher
Adopted 8-0-1 (Toomey PRESENT)
10. That the City Manager is requested to reach out to the owners of the Fresh Pond Shopping Mall and to strongly encourage them to make parking lot improvements to create a safe, clearly marked, and well-lighted passage for those walking or bicycling through the parking lot to reach the Alewife Train Station. Councillor McGovern and Councillor Carlone
11. That the City Manager is requested to work with the necessary departments to design and implement a system of public bulletin boards on major streets and intersections throughout Cambridge. Councillor Mazen
12. That the City Manager is requested to ask the school department for a list of programs which are available this summer to students, including those which need credit recovery, additional tutoring and teaching, and those who are advanced and want to accelerate their learning, in both middle and high school. Councillor Mazen
13. That the City Manager is requested to form a pilot street team of engaged Cambridge youth and residents as an experimental model for more consistent departmental outreach, community engagement, youth engagement, and civic engagement employment. Councillor Mazen
14. That the City Manager is requested to confer with the Cambridge Police Department on the feasibility of allowing residents to register their bicycles to the National Bike Registry Program through the police department's website. Councillor Cheung
15. That the City Manager is requested to confer with the Cambridge Community Development Department, the Licensing Commission, and the Traffic, Parking, and Transportation Department on the feasibility of devising a more simplified and streamlined food truck permitting process but that will also still maintain safety and ensure food trucks abide by current regulations. Councillor Cheung
16. That the City Manager is requested to instruct the Community Development Department and the City Solicitor to prepare a redefinition of what constitutes a fast food establishment. Councillor Cheung
Referred to Econ. Dev. & Univ. Relations Committee
17. That a Roundtable/Working meeting be scheduled by the Mayor with the City Solicitor, the License Commission and relevant City staff to discuss how new technologies might impact existing or emerging businesses of all types and how such technologically-based changes might be best reflected in the City's Licensing and Zoning programs. Councillor Cheung and Councillor Mazen
Amended
18. That the City Manager is requested to confer with the Director of Traffic Parking and Transportation to evaluate the parking around the Sullivan Courthouse and determine if changes can be made to accommodate more residential parking. Councillor Toomey
COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on June 4, 2014 to discuss creating a new Chapter in the Cambridge Municipal Ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses".
Tabled - Benzan
2. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office transmitting a report from Councillor Marc C. McGovern, Chair of the Human Services and Veterans Committee for a public meeting held on May 27, 2014 to discuss the impact of poverty on communities, families, individuals and education, as well as to what policy makers can do to help combat poverty rates in their communities.
3. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office transmitting a report from Vice Mayor Dennis A. Benzan, Co-Chair of the Economic Development and University Relations Committee and Councillor Nadeem A. Mazen, Chair of the Neighborhood & Long Term Planning, Public Facilities, Arts & Celebration Committee for a joint public meeting held on June 25, 2014 to discuss the ongoing out of school/STEAM working group research.
Amended Report Substituted
4. A communication was received from Paula Crane, Administrative Assistant, City Clerk's Office transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on June 24, 2014 to discuss a proposed amendment to the Municipal Code entitled "Building Energy Use Disclosure Ordinance."
Passed to 2nd Reading as Amended
5. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee for a public hearing held on June 18, 2014 to discuss revisions to the Cambridge Municipal Code Section 9.04.050 (A) Defacing public property of Chapter 9.04 entitled "Offenses Against Property".
Tabled - Benzan
COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Donna P. Lopez, City Clerk transmitting a communication from Councillor Craig Kelley requesting to move Calendar Item #4 from the Table and substituted the text.
2. A communication was received from Donna P. Lopez, City Clerk transmitting a communication from Councillor Leland Cheung regarding an update from Princeton Broadband Committee.
HEARING SCHEDULE
Mon, June 30
5:30pm City Council Meeting (Henrietta S. Attles Meeting Room, 459 Broadway)
Tues, July 1
3:00pm The Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee and Economic Development and University Relations Committee will conduct a joint public meeting to discuss the ongoing out of schooltime/STEAM working group research. (Main Library, 449 Broadway, Lecture Hall)
Wed, July 2
5:30pm The Ordinance Committee will conduct a public hearing on the Timothy R. Flaherty, et al. zoning petition requesting the City Council to amend the Zoning Map of the City of Cambridge to expand the Medical Marijuana Overlay District, MMD-1 to encompass 61 Mooney Street. This hearing to be televised. (Henrietta S. Attles Meeting Room, 459 Broadway)
Tues, July 8
4:00pm The Health and Environment Committee will conduct a public meeting to discuss the Cambridge Protection Action Committee's proposed Action Plan. (TBD)
Wed, July 9
5:30pm The Housing Committee will conduct a public meeting to discuss the Community Development Department's efforts to preserve expiring use buildings, and a discussion about inclusionary zoning and the Nexus study. (831 Massachusetts Avenue, Basement Conference Room)
Mon, July 28
5:30pm Special City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Wed, Aug 20
5:30pm The Economic Development and University Relations Committee will conduct a public meeting to discuss how to best launch Small Business Town Hall Meeting. (831 Massachusetts Avenue, Basement Conference Room)
Mon, Sept 8
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Sept 15
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Sept 22
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Sept 29
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Oct 6
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Oct 20
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Oct 27
5:30pm City Council Meeting (Main Library, 449 Broadway, Lecture Hall)
Mon, Nov 3
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Nov 10
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Nov 17
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Nov 24
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 1
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 8
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 15
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 22
5:30pm City Council Meeting (Sullivan Chamber)
Mon, Dec 29
5:30pm City Council Meeting (Sullivan Chamber)
TEXT OF ORDERS
O-1 June 30, 2014
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on rodent control operations that the city is undertaking this summer and to investigate the possibility of providing rodent-proof trash barrels to residents to help combat the rodent issue.
O-2 June 30, 2014 Amended
COUNCILLOR MAZEN
COUNCILLOR CHEUNG
WHEREAS: Comcast's internet essentials program is program which provides low cost internet service to families with children who are applicable for the free and reduced lunch program in public schools; and
WHEREAS: Only 40 percent of households with less than $20,000 in annual income have broadband access at home, compared to 65 percent of all households; and
WHEREAS: Children who lack Internet access at home face significant educational disadvantages as the movement towards technology based curriculum increases in public schools;; and
WHEREAS: Lack of home Internet has been correlated to lower tests scores and lower grades on homework assignments, as well as incompletion of research projects; and
WHEREAS: Digital literacy is a vital skill in today's job market; and students who do not have Internet at home have a more difficult time finding, applying for, and maintaining even minimum wage jobs; and
WHEREAS: The number of eligible Cambridge households taking advantage of the Internet Essentials program is below the national average; and
WHEREAS: This lack of participation can be attributed to insufficient dissemination among applicable households, which Comcast is interested in addressing through a mailing; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with the Cambridge Housing Authority and other necessary City departments to aid Comcast in sending out a mailing to promote internet essentials applications.
O-3 June 30, 2014
COUNCILLOR TOOMEY
WHEREAS: Residents have expressed concern about speeding on Inman Street and the potential safety risk for young children and pedestrians; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to investigate the need for traffic-calming measures on Inman Street between Hampshire Street and Broadway, particularly the intersection of St. Mary's Road; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.
O-4 June 30, 2014
COUNCILLOR KELLEY
WHEREAS: Outdoor dining options are highly valued in Cambridge and bring much appreciated vibrancy to sidewalks and plazas; and
WHEREAS: Outdoor dining options are often separated by the general public right of way by planters, chains, stanchions and other barriers to delineate where service can provide food and drink to customers; and
WHEREAS: These barriers can squeeze pedestrians and other users of sidewalks and plazas into a small part of the right of way that makes walking, pushing strollers or simply standing on the sidewalk challenging as the flow of pedestrians is forced into a narrower space; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff and, as appropriate, state agencies, to determine if the bulky walls, stanchions, wires, chains and other devices that separate outdoor seating from commonly accessible public sidewalk and plaza space may be replaced by something less intrusive, such as painted lines on the ground to delineate serving space, thereby making sidewalk and plaza space more accessible to customers, wait staff and the general public as opposed to having physical barriers at the edge of a serving area constrain the public right of way; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.
O-5 June 30, 2014
COUNCILLOR KELLEY
WHEREAS: Bicycling in Cambridge is frequently mentioned as an important aspect of Cambridge's various transportation plans, environmental policies and urban development goals; and
WHEREAS: Bicycle theft in Cambridge is a common threat posed to cyclists; and
WHEREAS: Bicycles can be very expensive to replace; and
WHEREAS: People who depend on bicycles for transport are greatly inconvenienced, and sometimes endangered, when a bicycle gets stolen; and
WHEREAS: Some cities, such as San Francisco, are using ‘bait bike' tactics to address bike theft (http://www.nytimes.com/2014/05/28/us/police-use-high-tech-lures-to-reel-in-bike-thieves.html); and
WHEREAS: ‘Chipping' a bike for electronic tracking is one way to recover stolen bikes (https://chipabike.com/bike_owners.html); and
WHEREAS: Cambridge Police Department no longer runs a bicycle registration program; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with relevant City staff and report back to the City Council on possible options Cambridge might adopt to combat bicycle theft overall, identify specific high bicycle theft areas and specifically address those theft threats and explore how the City might assist in implementing bicycle recovery programs; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this issue.
O-6 June 30, 2014
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
WHEREAS: It has come to the attention of the City Council that Briston Arms Apartments on Garden Street is now being marketed for sale; and
WHEREAS: Briston Arms has provided affordable housing for several generations of residents in a mixed-income community in West Cambridge since it was built by John Briston Sullivan in 1972; and
WHEREAS: Briston Arms offers affordable homes to low-income residents who would otherwise face severe challenges finding other affordable housing in close proximity to the Tobin Montessori School, the Vassal Lane Upper School, Danehy Park, Fresh Pond, and other neighborhood amenities; and
WHEREAS: Affordable units at Briston Arms are "expiring use" units for which current affordability restrictions will expire in 2018; and
WHEREAS: The preservation of "expiring use" housing has been a critical concern of this City Council as residents living in "expiring use" units represent the diversity which Cambridge values; and
WHEREAS: There has been no communication to City officials from the owner of Briston Arms, Briston Arms LLC, regarding this contemplated sale of this important property or indications of any plans for extending the current affordability commitments; and
WHEREAS: Residents are very concerned that affordable homes at Briston Arms are preserved so that they remain available for the benefit of current and future residents and the entire Cambridge community; and
WHEREAS: Preservation of existing affordable housing is of critical importance in the current economic climate with more families in need affordable housing while resources for housing are being reduced; and
WHEREAS: It would be of great value to the City Council and residents to understand the owner's intentions with regard to a possible sale and the imminent expiration of affordability restrictions so that efforts to preserve the affordability of these units can be pursued; and
WHEREAS: In recent years local non-profit affordable housing providers working with the City, property owners, tenants, the Affordable Housing Trust and other public agencies have purchased several properties and successfully preserved hundreds of "expiring use" units, ensuring the long-term affordability of these homes for current and future residents; now therefore be it
RESOLVED: That the City Council go on record asking Briston Arms LLC to work cooperatively with the City Manager, the Affordable Housing Trust, local affordable housing providers, and tenants to ensure that Briston Arms remains the affordable housing resource it has been through the preservation of long-term affordability at Briston Arms; and be it further
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department to work with Briston Arms LLC, local non-profit housing agencies, the Affordable Housing Trust, and other public partners to develop a plan to preserve affordable homes at Briston Arms; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to Briston Arms LLC and its managers Thomas F. Sullivan and John B. Sullivan, Jr., any association of tenants at Briston Arms, and to the Cambridge Legislative Delegation, on behalf of the entire City Council.
O-7 June 30, 2014
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
WHEREAS: The City of Cambridge has continually affirmed its commitment to aggressively explore all viable options for preserving as many affordable housing units as possible; and
WHEREAS: This commitment to preserving affordability is not only designed to preserve the wonderfully diverse character and composition of this community, but also to protect residents that currently reside in those buildings that are considered "expiring use," which could result in these buildings ultimately reverting to market rate rents if no action is taken by the City; now therefore be it
RESOLVED: That the Housing Committee be and hereby is requested to place on its agenda a discussion of what efforts the City can make to ensure that the Close Building at 243 Broadway will remain affordable beyond the scope of its original designation as an affordable building.
O-8 June 30, 2014
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to remove obstacles to HMart having a patio on Massachusetts Avenue by allowing consent for the patio to extend in front of a neighboring consenting business, and finding a new location for the bike racks.
O-9 June 30, 2014
MAYOR MAHER
WHEREAS: The City of Cambridge houses a growing innovation sector, with much of our economic growth in recent years being driven by technology, life science and other businesses within the innovation and creative economies; and
WHEREAS: Many Massachusetts companies, particularly in life sciences industries, utilize non-compete agreements that restrict their employees from accepting positions at companies within the same field and/or geographic region; and
WHEREAS: Massachusetts does not currently have a statute or regulation governing non-compete clauses but Massachusetts courts have held non-compete clauses to be enforceable; and
WHEREAS: Non-compete agreements are now being used in a wide range of fields outside of the technology sector to restrict employee mobility and freedom; and
WHEREAS: Non-compete agreements are often enforceable whether the employee leaves their employer voluntarily or is laid off or fired; furthermore, non-compete agreements are implicitly non-negotiable contracts that are often the product of unequal bargaining power between the employer and employee, and
WHEREAS: The enforcement of non-compete clauses in Cambridge and Massachusetts impedes the growth of new business due to the fact that employees are prohibited from leaving jobs to develop or work for startup companies within the same field, thus limiting start-up companies' access to talent from within the state and beyond, as courts in Massachusetts readily enforce non-compete clauses from other states; and
WHEREAS: Non-compete clauses allow employers to pay lower wages because their employees have limited opportunity to leave, negatively impacting the local economy; and
WHEREAS: Non-compete clauses restrict the mobility of employees within the state and inhibit the spillover of knowledge between companies that has proven to be a successful model for growth and innovation in Silicon Valley; and
WHEREAS: Venture capitalists may hesitate to invest in entrepreneurs who previously signed non-compete clauses because they fear the possibility of litigation from previous employers; and
WHEREAS: Employees in all corners of the economy should have the freedom and mobility to determine one's own career; and
WHEREAS: Strengthening both technology companies and traditional companies throughout Cambridge would stimulate economic growth throughout the region and increase the rate of success for start -up companies and employees seeking new opportunities; now therefore be it
ORDERED: That the City Council go on record expressing its support for the repeal of non-compete clauses and encourages the Cambridge delegation of the Massachusetts Legislature to take action in ending the enforcement of non-compete clauses in Massachusetts in order to continue supporting and strengthening the innovation economy in Cambridge and throughout the Commonwealth; and be it further
ORDERED: That the City Clerk be and is hereby requested to forward a suitably engrossed copy of this Order to the Cambridge Legislative Delegation of the Massachusetts Legislature on behalf of the entire City Council.
O-10 June 30, 2014
COUNCILLOR MCGOVERN
COUNCILLOR CARLONE
WHEREAS: Many community members have raised concerns regarding the difficulty of walking, and biking safely through the Fresh Pond Shopping Mall to reach the mall's businesses and the Alewife MBTA Station; and
WHEREAS: The design of the Fresh Pond Shopping Mall parking lot is often confusing and chaotic for motorists, pedestrians, and bicyclists; and
WHEREAS: The City is looking at ways to improve the safety of driving, walking, and bicycling along New Street which leads to and from the Fresh Pond Shopping Mall; and
WHEREAS: Facilitating a safe way for pedestrians and bicyclists to move between the Alewife Train Station and Danehy Park will support the city's efforts to reduce driving; therefore be it
ORDERED: That the City Manager be and hereby is requested to reach out to the owners of the Fresh Pond Shopping Mall and to strongly encourage them to make parking lot improvements to create a safe, clearly marked, and well-lighted passage for those walking or bicycling through the parking lot to reach the Alewife Train Station; and be it further
ORDERED: That the City Manager be and hereby is requested to reach out to the appropriate State agency to explore the feasibility of creating a safe pedestrian way from the Fresh Pond Mall parking lot up the current dirt path to reach Alewife Brook Parkway; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding these conversations and any possible action to improve this dangerous thoroughfare for pedestrians, bicyclists, and motorists.
O-11 June 30, 2014
COUNCILLOR MAZEN
WHEREAS: The City of Cambridge is the only city to interpret Section 126 of Massachusetts General Laws so to prohibit non-profit groups from leafleting, restricting the First Amendment rights of non-commercial advertisers; and
WHEREAS: Municipally funded community bulletin boards exist already in public parks as a space for non-commercial advertisers; and
WHEREAS: Residents are currently prohibited from posting to public light fixtures such as street lamps; and
WHEREAS: Community bulletin boards provide a valuable space for public discussion and the promotion of democratic values; and
WHEREAS: Community bulletin boards could act as a space for public art and citizen artistic expression; now therefore be it further
ORDERED: That the City Manager be and hereby is requested to work with the necessary departments to design and implement a system of public bulletin boards on major streets and intersections throughout Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Council on this matter.
O-12 June 30, 2014
COUNCILLOR MAZEN
WHEREAS: A city wide out of school time STEAM initiative requires coordination with the school department for successful implementation; and
WHEREAS: Students who are to be successful in STEAM endeavors need a solid foundation in Mathematics; and
WHEREAS: Summer learning programs are essential for all students to continue to develop and enhance math skills; and
WHEREAS: Many communities including Brookline offer a full range of math courses over the summer; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask the School Department for a list of programs which are available this summer to students, including those which need credit recovery, additional tutoring and teaching, and those who are advanced and want to accelerate their learning, in both middle and high school; and be it further
ORDERED: That the City Manager be and hereby is requested to ensure that the list include all programs for students during the summer which offer personal teaching, not only online or computer based classes; and be it further
ORDERED: That the City Manager be and hereby is requested compile and release this list by July 10th.
O-13 June 30, 2014
COUNCILLOR MAZEN
WHEREAS: The Community Engagement Team does outreach and engagement with Cambridge residents in a variety of languages in order to increase participation in and improve outcomes from city initiatives and opportunities; and
WHEREAS: Street Teams operate all over Cambridge to publicize and canvass for nonprofits; and
WHEREAS: Summer learning programs are essential for all students to continue to develop and enhance math skills; and
WHEREAS: Street Teams in general provide employment opportunities and can, in turn, become a cohesive, flexible group of engaged individuals who can be deployed on behalf of a variety of programs and departments, satisfying specific performance metrics; and
WHEREAS: It is the city's aim to improve youth civic engagement, ongoing dissemination, and community engagement; now therefore be it
ORDERED: That the City Manager be and hereby is requested to form a pilot street team of engaged Cambridge youth and residents as an experimental model for more consistent departmental outreach, community engagement, youth engagement, and civic engagement employment; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the council on this matter.
O-14 June 30, 2014
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has long been praised for the measures it takes to promote bicycling and making the city a bike friendly community; and
WHEREAS: While crime rates in Cambridge and across the country are at historic lows, bicycle theft as a larceny has been steadily increasing; and
WHEREAS: According to the 2013 Cambridge Police Report, Larceny of bicycles was one of the few crimes to register an increase in 2013 and also an increase above the five-year weighted average for this type of larceny; and
WHEREAS: Widely understood as a common underreported crime, the United States has averaged over 200,000 counts of bicycle thefts a year; and
WHEREAS: Due to the nature of the crime, only a small percentage of recovered stolen bicycles are ever returned to their rightful owners once recovered by the authorities; and
WHEREAS: Over 16,000 police departments across the country have utilized the National Bike Registry to identify and return stolen bicycles to their owners; and
WHEREAS: Bicycling will continue to become a popular method of recreation and transportation in the Greater Boston area as Cambridge improves its infrastructure and continues to make the city a better and safer place to ride; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Police Department on the feasibility of allowing residents to register their bicycles to the National Bike Registry Program through the police department's website; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Police Department on the feasibility of participating with and utilizing the National Bike Registry when recovering stolen bicycles.
O-15 June 30, 2014
COUNCILLOR CHEUNG
WHEREAS: Food trucks have grown increasingly popular across the country, forcing many cities to retroactively set standards and policy regulations; and
WHEREAS: The mobile food industry has the unique potential to create new employment opportunities, small and local business growth, and favorable conditions for culinary entrepreneurs in Cambridge. Food Trucks have the ability to activate areas that offer limited dining options for customers, including late nights and at special events; and
WHEREAS: According to the National Restaurant Association, there is an increasing demand, particularly among people 18-44 for freshly prepared, restaurant quality food that can be provided in a quick and cheap manner; and
WHEREAS: Many Cambridge residents, organizations, and institutions organize various events and hire food truck vendors to provide dining options. These same groups and food truck vendors have expressed frustration on the long and burdensome process and the amount of work necessary to be granted temporary permits; and
WHEREAS: The process to be granted a one-day permit for a food truck is as follows:
1. Approval from Traffic, Parking and Transportation Department - If you are proposing to use a location on a City street, then complete the attached Valet, Food Truck or Jitney Review form and return to the Traffic, Parking and Transportation Department. Due to congestion and high demand, TP&T rarely approves the use of city parking spaces for new vendors unless it is a special event, which might be the case. You can also look for private property options.
2. Check that the proposed use is allowed for that location under zoning. (Community Development Department or Inspectional Services Department) - let me know what site you are considering and somebody in Community Development Department will let you know if it is OK under zoning. This can also be determined at the Inspectional Services Department.
3. Approval by the License Commission - Complete and submit the Annual Peddler/Vendor License Application and pay the hearing/application fees to the License Commission, 831 Massachusetts Avenue, to schedule a hearing with the Commission. If approved by the Commission, then you will need the additional items listed below, along with the Fire Safety Permit from the Cambridge Fire Department and Mobile Food Permit from the Mobile Food Permit, before an Annual Peddler/Vendor License is issued:
Massachusetts Hawker and Peddler License (issued by the MA Office of Consumer Affairs and Business Regulation)
Copy of RMV registration
Copy of Cambridge Business Certificate or DBA Certificate
Complete CORI Request Forms for all employees
If on private property then a Letter of Permission from the property owner.
Not within 300 feet of a Cambridge Common Victualer license.
4. If a generator, propane or other cooking and power source is used then you need inspection by the Cambridge Fire Department - Receive Fire Safety Permit, issued by the Cambridge Fire Department, 491 Broadway, during the inspection hours, Monday through Fri, 8:00-10:00am and 2:00-3:00pm. For more information about this permit, please contact the Fire Department at (617) 349-4990.
5. Approval by Inspectional Services Department - Receive Mobile Food Permit, issued by the Inspectional Services Department, 831 Massachusetts Avenue. Additional items you will need to get for this permit are:
The license for the restaurant or commercial kitchen in which food is prepared
Servsafe Certificate
Allergy Awareness Certificate;
now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Community Development Department, the Licensing Commission, and the Traffic, Parking, and Transportation Department on the feasibility of devising a more simplified and streamlined food truck permitting process but that will also still maintain safety and ensure food trucks abide by current regulations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.
O-16 June 30, 2014
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to instruct the Community Development Department and the City Solicitor to prepare a redefinition of what constitutes a fast food establishment; and be it further
ORDERED: That the City Manager be and hereby is requested to review the fast food cap in Central Square under the new definition; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.
O-17 June 30, 2014
COUNCILLOR CHEUNG
COUNCILLOR MAZEN
ORDERED: That a Roundtable/Working meeting be scheduled by His Honor the Mayor with the City Solicitor and the Chair of the License Commission and other relevant City staff to discuss how new technologies might impact existing or emerging businesses of all types and how such technologically-based changes might best be reflected in the City's Licensing and Zoning programs; and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to report back on the City Council's legal authority over livery and taxi regulations; and be it further
ORDERED: That the City Manager be and hereby is requested to convey to the License Commission the desire of the City Council to not take any action until the City Council has had the opportunity to review and discuss the proposed rideshare regulations and until the City Solicitor has reported back to the City Council on its legal authority over livery and taxi regulations.
O-18 June 30, 2014
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that operations at the Sullivan Courthouse have officially moved; and
WHEREAS: Some of the surrounding streets have parking designated for or geared toward the use of Courthouse or Sherriff Department personnel; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic Parking and Transportation to evaluate the parking around the Sullivan Courthouse and determine if changes can be made to accommodate more residential parking and report back to the City Council.
TEXT OF COMMITTEE REPORTS
Committee Report #1
The Ordinance Committee will conduct a public hearing to discuss creating a new Chapter in the Cambridge Municipal Ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses".
Date and Time: Wed, June 4, 2014 at 5:31pm.
Location: Sullivan Chamber
Attendees
Vice Mayor Benzan, Co-Chair; Councillor Carlone, Co-Chair; Councillor Cheung; Councillor Kelley; Councillor Mazen; Councillor McGovern; and Donna P. Lopez, City Clerk.
Other Attendees
Laura Hagen, Deputy Director of Advocacy, MSPCA; Jacquie Gambarini, 8 Everett Street, Mass. Voters for Animals; Lisa Landsverk, 103 Irving Street; Teresa Cardosi, 7 Woodrow Wilson Court; Dara Demetrio, 15 Foch Street; Andrea Caslovitz, 848 Mass. Avenue; and John Hawkinson, 2 Clinton Street.
Minutes
Councillor Carlone opened the hearing and stated the purpose. He announced that the hearing was being recorded by audio and visual devices. He stated that the format of the hearing would be that the presenters would be first, followed by City Staff, the City Councillors and then the hearing would be opened to public comment.
Jacqui Gambarini, 8 Everett Street, thanked all the City Councillors for holding the hearing. She thanked Councillor Cheung for sponsoring the ordinance. She stated that the Animal Welfare Act is federal legislation that oversees the treatment of animals and traveling shows; animals are not monitored. Other communities such as Quincy, Weymouth, Braintree, Charlestown, Revere, Somerville and Plymouth have banned circus animals. She is asking Cambridge to do the same.
Councillor Carlone asked if the proposal before us today is the same presented to other communities. Ms. Gambarini stated that she is not sure.
Councillor McGovern thanked petitioners. He supports this ordinance change. He has never taken his children to the circus because of this issue. He is concerned about what can be done legally. He stated that it is his understanding that when circus animals come through Cambridge they are transported by trains though the City. He wants to ensure that the ordinance can hold up legally. Memorial Drive is outside of Cambridge's jurisdiction. He wanted a legal opinion on this to ensure that it stands up to any opposition.
Vice Mayor Benzan asked what the route is generally taken by the circus while traveling through Cambridge. Ms. Gambarini stated that it is the Grand Junction Railroad. Vice Mayor Benzan stated that it would be prudent to determine the route that the animals are being transported to and from the City. He stated that he wanted an opinion from the City Solicitor. Ms. Gambarini stated that the animals are marched down Memorial Drive. Vice Mayor Benzan stated that he also has not taken his children to the circus. The ban is important ban to protect the animals. He stated his support of the ban.
Councillor Mazen stated his support for the petition. In the US circus now are geared to acrobatic acts and away from mistreatment of animals. Leaving it to circus masters caring for animals is not sufficient. Councillor Mazen made the following motion:
Ordered: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses"; said opinion address the legality of the proposal and provide feedback on any changes or alternatives necessary to the proposal.
Vice Mayor Benzan stated that he wanted clarity on what route these animals travel on. He made the following motion:
Ordered: He amended the motion to add: said report to include the travel route taken by the circus animals including the City streets that are used to transport the circus animals.
Councillor McGovern asked the petitioners if there was a need to move quickly on the proposed amendment. Ms. Gambarini responded that the circus is coming in October.
Councillor Carlone commented that if Somerville has approved a similar ordinance it may be because the Grand Junction Railroad runs through Somerville.
Councillor Kelley stated that he wanted information from the City Manager as to whether criminal fines can be issued. He requested that this be added to the motion made by Councillor Mazen. The amendment carried.
Councillor Cheung stated that he supported what the petitioners are trying to accomplish.
Councillor Carlone stated that the travel route appears to be a state route.
Vice Mayor Benzan commented about the criminal penalty. In Section V entitled "Penalty" of the proposal there is a fine of $5,000. He wanted information as to how this proposed ban resembles the ban in other communities. He requested copies of the Somerville and Plymouth proposals for the next meeting.
Councillor Carlone opened the hearing to public comment at 5:48pm.
Laura Hagen distributed written testimony (ATTACHMENT A)*. She represents the MSPCA. She spoke about the suffering that the wild animals endure. MSPCA has opposed the use of wild exotic animals in circuses. The protection that these animals need is not provided. These issues are being considered city by city, town by town. Ms. Hagen stated that there are public safety concerns with these animals. She thanked the City Council for taking a stand on this issue. Cambridge would be the 8th City to take this stand. Councillor Carlone asked if other towns imposed a fine and how is city-owned land treated.
Ms. Hagen stated that Somerville ban only addresses transportation. She does not know if it is a criminal or non-criminal penalty. In Plymouth no permit can be issued.
Councillor McGovern asked if there is definition of exotic animal. Ms. Hagen stated that it is defined in the proposal. Domesticated animals are not included. Councillor McGovern asked if there has been opposition in other communities or from circus owners. Ms. Hagen stated that Plymouth passed a ban to prevent the Shriners' Circus. Cities and towns are acknowledging the issue of travelling shows and the treatment of animals.
Vice Mayor Benzan stated that a birthday party was held and a contracted company was contracted and the company brought exotic animals to his house. Would this be banned? Travelling show is ambiguous. Ms. Hagen stated that other communities have exempted educational organizations that educate the public about animals. Still other communities have added MSPCA into their regulations. Vice Mayor Benzan felt that we should look at the educational provision in Section VI and add this to the report from the City Solicitor.
Lisa Landsverk stated her support for the ordinance. Circuses with wild animals are cruel because the animals are in cages. She wants Cambridge to speak up for animals.
Teresa Cardosi supported the proposal. She is glad other communities have banned this.
Dana DeMetrio read a story about an elephant named Kenny. Elephants develop like humans. Under regulations sick elephants are required to get care. This did not happen in the story about Kenny. The veterinarian was overruled by the circus owner and Kenny was required to perform. The elephant subsequently died after the performance. The treatment that Kenny received is cruel.
Andrea Caslovitz, 848 Mass. Avenue, stated that she rescued two dogs from a puppy mill. They lived in cages all their lives. We cannot change the world, but can change the world we are in.
John Hawkinson, 2 Clinton Street, stated that the elephants exit the Grand Junction and travel down Mass. Ave. This is a city street. The concern is the travel of exotic animals on the railroad. There should be a correction to ban exotic animals on city streets. What is the intent? If it bans elephants - the route will be changed. It may be worse for the animals. He stated that the City Council should think about the ramifications and unintended consequences. The police are involved in the transportation. Criminal and non-criminal offenses are addressed in the ordinances.
Vice Mayor Benzan spoke about unintended consequences of Cambridge banning exotic animals. If Cambridge implements this ban it is sending a message that this is not acceptable. Cambridge can urge Boston to take a similar action.
Councillor Carlone summarized the requests made by the City Council on this matter. The motion offered by Councillor Mazen as amended by Councillor Kelley and Councillor McGovern reads as follows:
ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to provide a legal opinion to the City Council on the proposed amendment to the Municipal Code entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses" as follows:
the legality of the proposal and provide feedback on any changes or alternatives necessary to the proposal.
whether criminal fines can be issued as contained in Section V entitled "Penalty".
The motion carried on a voice vote.
Vice Mayor Benzan made the following motion:
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the travel route taken by the circus animals including the City streets that are used to transport the circus animals, the education provision in Section VI of the proposed ordinance entitled "Prohibiting the Use of Wild and Exotic Animals in Traveling Shows and Circuses"; and be it further
ORDERED: That the City Manager be and hereby is requested to provide copies of the proposals to ban exotic animals from Somerville and Plymouth to members of the Ordinance Committee.
The motion carried on a voice vote.
Councillor Carlone stated that this will be referred back to the Ordinance Committee when this information is received. The matter remained in Committee.
The following e-mails were received and made part of the report:
A communication from Sarah Stewart, 207 Appleton Street, in support of the proposal to prohibit the use of wild and exotic animals in traveling shows and circuses in Cambridge (ATTACHMENT B).
A communication from John Tyson, 310 1/2 Pearl Street, transmitting his fervent support of the proposed ordinance (ATTACHMENT C).
Adjournment
On motion of Councillor Carlone the hearing adjourned at 6:14pm.
For the Committee,
Vice Mayor Dennis Benzan, Co-Chair
Councillor Dennis Carlone, Co-Chair
*Subsequent to the hearing Ms. Hagen forwarded additional documents (ATTACHMENT D).
Committee Report #2
The Human Services and Veterans Committee conducted a public meeting on May 27, 2014 beginning at 5:04pm in the Sullivan Chamber.
The purpose of the meeting was to conduct a public meeting to discuss the impact of poverty on communities, families, individuals and education, as well as to what policy makers can do to help combat poverty rates in their communities.
Present at the meeting were Councillor Marc C. McGovern, Chair of the Committee; Vice Mayor Dennis A. Benzan; Councillor Craig Kelley; Councillor Nadeem A. Mazen; Ellen Semonoff, Assistant City Manager for Human Services; Liz Mengers, Planner, Department of Human Services; Annie Nagle; Mike Connolly; and Paula M. Crane, Administrative Assistant, City Clerk's Office.
Also present were Arthur MacEwan, Senior Research Associate, Center for Social Policy, UMass Boston; Donna Haig Friedman, Director, Center for Social Policy, UMass Boston; Elaine DeRosa, Tina Alu, Lee Pedro, Irvienne Goldson, CEOC; Reverend Diane Hopson; Hassan Rashaad; Cheryl-Ann Pizza-Zeoli, Alliance of Cambridge Tenants; Kate Summey Frank, Cambridge Restorative Justice Working Group; and Alice Cohen, Agenda for Children.
Councillor McGovern opened the meeting and stated that the committee is taking a long, hard look over this term on issues around poverty and hunger in the city. He noted the committee's first meeting last month wherein there was a presentation from the Community Development Department and other City departments regarding services and initiatives that are being done around poverty and hunger. He stated that the poverty and hunger situation is probably worse than what the statistics indicate in large part due to the fact that this is based on federal standard. He stated that with the cost of living in Cambridge, the population of those in poverty may be well over the federal threshold which is a significant problem for the community. He stated that while the topics of poverty and hunger are not always the most fashionable conversations, the goal to raise attention on this issue. He stated that it is crucial to inform ourselves better so that services can be weaved to create a more seamless support network.
Councillor McGovern then introduced Mr. Arthur MacEwan, Senior Research Associate, Center for Social Policy, UMass Boston, and Donna Haig Friedman, Ph.D., Director, Center for Social Policy, UMass Boston, who are experts in this area and asked them to give a brief presentation to the committee.
Donna Haig Friedman thanked Councillor McGovern for giving her the opportunity to speak to this important subject. She provided an informational brochure regarding reshaping of the poverty policy. (Attachment A). She said that she and Mr. MacEwan have built many connections with the Department of Human Services staff and Mr. Fred Berman, noting that their work has been very impressive. She stated that she is most aware of the emergency response/safety net aspect of their work. They are looking at more permanent solutions and creating opportunities that will eventually lessen the number of people in these emergency struggles. She stated that many perspectives are formed by the evaluation of homeless services and the prevention of homelessness. She said that over many years it is very clear that sustained housing assistance for people whose incomes are too low is one of the most important preventive elements to enable people to hold onto their housing. She stated that sometimes the expectations, policies and funds presume that people can increase their incomes in a short period of time which is not reality. She stated that for a single mother, policies are not currently set up in a way that works. She stated that she has worked with Randy Albelda and Lisa Dodson regarding the connection between conditions of parents' low wage jobs and children's academic achievement (Attachment B). She explained that when parents are working jobs at hours that don't coincide well with their children's out of school time as well as older siblings caring for younger kids, this interferes with student achievement. She spoke of the Boston Foundation and their initiative in certain Boston neighborhoods. She stated that people in those neighborhoods have a say, as well as a role, for leadership. She stated that Cambridge, like other communities, is bifurcated. There are high income households and there are families that are more economically distressed. She stated that there is an "Us vs. Them" dynamic that is present in communities that interferes with fundamental change. She stated that the Center for Social Policy has paid attention to this aspect in its work. She noted the importance of engaging business leaders who are on the rise in their companies to facilitate dialogue so that it is human to human around the table. This is an experiment but is one example of the Center's work. There are many ways in which human to human connections might express themselves in communities such as Cambridge.
Arthur MacEwan stated that he wants to react to some of the information that he has received and offer a few comments as it relates to things that might be considered in Cambridge in addition to work that is already being done. He stated that Cambridge is the size of a larger metropolitan area. He stated that recognizing limits helps define what can be done. Also, when looking at data, the child poverty rate in Cambridge is 14%, which is barely lower than the state level. He noted that several states have lowered the level. He stated that given the median rate, the poverty rate number is a bit high. He stated that the cost of living in Cambridge, as compared to the nation, is 20-70% higher. Mr. MacEwan stated that in looking at the programs that were listed in the material that he has seen, Cambridge does a number of things that are good. As it relates to school lunch programs, he spoke about Community Eligibility and Direct Certification which means that kids get certified for lunches because their family is involved in other programs. He stated that if a unit (school or whole district) has more than 40% of its population that are directly served, then the whole unit is eligible for free lunch as well as breakfast for everyone in the unit. When looking at data for Cambridge schools, Mr. MacEwan found that overall, slightly over 45% of kids in Cambridge Public Schools are eligible. He noted that only 25% are directly certified. He stated that the question is whether or not it is possible to directly certify more students. He noted that at the Fletcher Maynard Academy, 65% of students are eligible. The eligible students at the Morse School is 54%. He said that the advantage of direct certification is that participation goes way up in the free meals. Kids who should have and could have free meals are getting them. He noted that this program saves money for low but not eligible-income families. Direct Certification saves on paperwork and is a simpler process. Mr. MacEwan urged the investigation of Direct Certification. He spoke of the Food Research and Action Center Fact Sheet (Attachment C) regarding direct certification. Ms. Haig Friedman stated that last week the State House celebrated the success of schools in Brockton, Worcester, and others for going from a small level of participation in breakfast to 80% participation. She stated that staff from those schools offered testimony about positive changes that they have seen in their students.
Mr. MacEwan stated that when looking at mappings of the location of low income families in the city, it appears to him that a large number of Cambridge people in poverty live in public housing which makes sense but which is both a bad thing and a good thing. It is bad because it is a concentration of low-income families and not mixed income. He stated that as it relates to early child education, his involvement goes back many years. He submitted informational material to the committee regarding publicly funded early education. (Attachment D). He affirmed the importance of universal early childhood education as opposed to targeting early childhood education to low income people. He stated that what gets obscured is that low income kids achieve more when they are integrated with kids from other socioeconomic groups. He noted that there are two states that have universal early childhood education, Oklahoma and Georgia and said that the payoffs are tremendous. He stated that the impact of early childhood does not make its way into most data. There is a big income transfer to low income people. He stated that this also releases a lot of parents into the workforce as well as allowing many parents to come off of welfare. He stated that it is time to start thinking about universal early childhood education. One major issue is detailing the cliff effect which he explained as low income families managing on low income job pay. He cited the example of a single mother with two children who worked as a maid earning $11.00 per hour who had the opportunity to work as a medical assistant earning $16.00 per hour. He stated that by taking the higher paying job, she would lose money by not meeting the criteria for certain programs. He stated that people are dependent, not because they are lazy, because they understand what makes sense. As it relates to school meal programs, he stated that this issue is not a problem for local unit but it is a federal government problem. He stated that if we are not taking care of all people in the city, what good is it to have lowest tax rates in the area. He stated that it makes no sense to him to say that when a child is five years old it is the social responsibility to pay for his education but it is not the responsibility when the child is either three or four.
Vice Mayor Benzan thanked the presenters. He stated City Council support of an early childhood education and Pre-K program. He affirmed that there will be a lot more movement around this issue in the upcoming years. He stated that he and Councillor Mazen have been looking at job training as it relates to STEAM. He noted that there is a huge population in the city that is struggling and who do not have access to technology. He stated that he is a strong believer that if we provide educational and job training, this population will attend college and get good jobs. He stated that there is a link to low paying jobs and educational success. Vice Mayor Benzan noted that as a youth in the City of Cambridge, he was fortunate to have mentors. He stated that mentorship programs need to be strengthened. He questioned what it is that we can do as a city to strengthen education programs for our youths out of school. One tension in the city is the large group of homeless persons who congregate in Central Square. He noted the importance of communication and conversation.
Ms. Haig Friedman stated that there are tensions between people in different types of struggles. She stated that the question in her mind is what are the spaces for people who are not struggling and people who are to be a community to figure out to be a "we" and not a divided community. There is not easy answer but that is part of the solution. Mr. MacEwan stated that for single mother struggling, the only thing that Cambridge can do for her is providing more subsidized, low cost housing. The housing market in Cambridge is such that many people have left because they simply cannot afford to live here. He noted that if universal childcare was available for a working mother with young children in daycare, the savings would be very beneficial. If universal childcare was available, her employment situation wouldn't be quite so complicated. He stated that he wonders what programs are available for homeless people who are in disastrous situations. Mr. MacEwan stated that this should be the focus.
Vice Mayor Benzan stated that he attended the graduation at the Salvation Army a few weeks ago. He stated that he often hears from people that housing is created for these people yet not for the people who get up every day and go to work. He stated that we must make a conscious effort to put resources into programs that would help the homeless population. He stated that the issue of homelessness problems with the homeless in Central Square has been going on for years. He stated that people should not be afraid to go into squares.
Councillor Mazen pointed out that there is traditionally a gap between academia and policy and between policy and implementation. He stated that he was enlightened by some of Mr. MacEwan's comments regarding direct qualifying. He noted that for a majority of these things to happen it will take huge amount of public messaging and neighborhood engagement. He stated that the committee structure is appropriate for systematic change but the community must be engaged in the idea. Mr. MacEwan affirmed that when a program fails, it fails because it doesn't have community support.
Councillor McGovern stated that one thing for the City leaders to think about is elevating the conversation to the level of importance that it should have. He noted that he would like to see the creation of a Mayor's Commission on Poverty and Hunger which would initiate a task force or community meeting type of conversation about a specific policy stance that the city can take. He stated his feeling that this should be a goal of the City Council. He noted that the City's budget gets tied to goals and that is a huge step when making a clear statement to the public. He noted that as with any preventive initiative, the payoff is often so far down the road that people don't want to invest in it. He stated that there is a stigma in the community about city run programs. He stated that his children have attended city-run camps and his experiences have always been positive. He noted that when looking at universal Pre-K, it is important that it is not perceived to be only for low income children as it can create conflict in the community. He stated that when meetings are held on a specific program (as opposed to a larger conversation about poverty) the response is better.
Ms. Semonoff stated that the bigger challenge is ensuring that the programs that are provided allow and maintain access to all. She noted that we must be aggressive in this area. She stated that based on the age of children, the City does have universal 4-year old programming. She noted that when looking at 4-year olds in that group, it most likely includes a significant number of children from higher income parents. She stated that it is of the utmost importance to take steps are taken to ensure that we are really reaching the population that we want to see access these programs.
Elaine DeRosa stated that nobody wants to come and talk about being poor. She stated that asking impacted people to carry the weight of the advocacy is asking too much. She stated that conversations about affordable housing cause tension and we must open up dialogue. She stated that she would like to stand up and give somebody a break. She noted that people don't willingly want to have no money. Things happen in people lives. She stated it is important to find a way in which we don't take positions from just where we come from. She stated that Cambridge is a rich city with many resources and many intelligent people. She noted the importance of picking key interventions around prevention, i.e. maybe we shouldn't evict people in Cambridge. She noted that if people look at the situation from the other person's perspective, we could make great change.
Vice Mayor Benzan concurred with Councillor McGovern's belief that if we look at specific programs rather than the larger conversation of poverty, we would see more involvement from the community. He stated that he recently attended a breakfast on STEAM and there were well over fifty people in attendance. He questioned how to create a better way to collaboratively provide access to the emerging high tech market in Cambridge. How do we make it easier for a family to look for a mentorship program via an accessible portal? He stated that this is one way to tackle poverty in that we are preparing children for the workforce for the future. He noted that the arts are important to help people appreciate the community and quality of life and aids in making connections. Vice Mayor Benzan noted that the City of Cambridge only spent 2/10 of 1% on the arts. He noted that he would like to see programmatic areas that can be implemented to bring about change.
Ms. Haig Friedman spoke about a model that is being used in some economically distressed Boston neighborhoods. This is a model from the Chicago area that is resident-driven that addresses quality of life in the neighborhood, including the arts. There is something to learn from these communities. Somerville has been named as a community to look at in terms of how they have engaged community areas and prioritized areas for change. Mr. MacEwan stated that it is difficult to see changes in Boston in terms of "poverty." Part of that is true because it is a relatively new project. He stated that there are a lot of things that contribute to social well-being that are not related to income. He affirmed that if a community is not connected, it is hard to do anything substantive. Ms. Haig Friedman stated that it seems hard to get the community together when using the label of poverty. She stated that a "visioning" process is one way that could energize people to come together.
Ms. Semonoff stated that the Cambridge Arts Council is working on a project which links adults and youth from Newtowne Court and Washington Elms with high biotech companies and that there is a plan for community dialogue and development of arts-related projects around that. She stated that while this is a small program, it is worth discussing.
Vice Mayor Benzan stated that the arts are certainly one of the most important pieces when dealing with poverty and building community. He stated that poverty is by location in many parts of the city. He questioned how to connect Area 4 with Linnaean Street to help understand each other better. Mr. MacEwan stated that one of the things that make Cambridge unusual is not only the universities but the companies which can be used in a lot of programs.
Councillor Mazen stated that housing is a good example of one of his trepidations. He noted that it is important to be self-critical without being fatalistic about what is and what isn't working. He stated that building more housing does not solve the problem. He stated that we need as much affordable and moderate income as possible and to move as quickly as possible. The real tension is that sometimes we do not have the necessary tools that address poverty and transitions out of poverty. He noted that while there are some solutions, they are not things that are spoken about on the city level with any regularity. He stated that it is a very nebulous and precarious type of area to get into.
Councillor McGovern noted that the City is currently engaging in Master Plan process. He noted his hope that a consultant will be brought in to run community meetings. He stated that this could be an opportunity to talk about the larger visioning of the community. He stated his trepidation that the discussions will be only about housing and zoning. He noted that while there will be great deal of community interest, the challenge is to make the meetings representative of the city as a whole.
Elaine DeRosa stated that what might break down some tension is that if people are involved in the planning of the meeting which will then allow for an agenda which is representative of all of the people representing all of the issues. Tina Alu stated that the term "poverty" is an issue. She suggested that the discussion be broader so that it is not just about poverty and hunger but also can be relatable to someone at risk because they have no assets.
As it relates to the Master Planning process, Councillor Mazen stated that the way in which the community meetings are presented can set the tenor that we are talking about things that need federal, state and local attention. He stated that we can set the tone without cutting people off.
Councillor McGovern opened the meeting to public comment at 6:30pm.
Reverend Diane Hobson stated that she worked in a program in Chicago and is a community organizer. She stated that using the word "poverty" is key. She noted that sometimes people do not believe that that word fits them. It is good idea to get community together. She suggested the possibility of a seminar to inform people of programs that are being offered. She offered her assistance with any committee that may be formed. As it relates to early childhood education, Reverend Hobson stated that we are losing our kids by leaps and bounds. We must grab hold of children. She noted the need to do some training which will take time. This will not be fixed overnight. She stated that she worked on a pilot program with 25 parents who were on welfare. These participants needed to be re-trained because of their low self-esteem. She noted that many times, one has to deal with other issues first.
Cherylann Pizza-Zeoli stated that she is voucher co-chair with the Alliance of Cambridge Tenants. She performs individual tenant advocacy and organizing. She suggested that the committee look at the Welcome Project LIPs in Somerville that trains young people to become certified interpreters. They practice at community meetings. She stated that this is a low-cost program that would engage all language groups in Cambridge Housing Authority housing. She stated that as it relates to a housing policy, the City should put out an RFP which needs to make clear to the Community Development Department that it is imperative to have the results of nexus study as soon as possible.
Lee Pedro stated that she worked in human services for 35 years. She noted that she became disabled and lost her health insurance. She lives in public housing and is still in Cambridge after raising her family here. She stated that she is probably in poverty but does not want to admit it. She stated that she lives in fear that she will not be able to keep her home. As it relates to the topic of education in the City, she noted that her son has a learning disability. She stated that in his junior year at CRLS she was told that he was fine to graduate. He was put into MCAS preparation. He received scholarships but did not graduate because of his MCAS scores. She stated that he attended Bunker Hill Community College but could not matriculate his credits. She stated that he is making $10.50 per hour supporting one child. She stated that the City was responsible for her son and asked for someone to take a look at the first class that had to take the MCAS.
Hassan Rasheed stated that the Department of Human Services does the best they can to address poverty in Cambridge but it is not enough. He noted that several studies on local poverty proves that it is not enough and has not been enough to eradicate poverty in Cambridge. He would like a comprehensive attack on the social problem of poverty. He stated that conventional human service programs are not adequate. He went on record stating the importance of using the Foundry building or other real estate properties as a place to establish economic opportunity for poor people. The proper vehicle would be a non-conventional alternative human service vehicle to be established. This is helping those less fortunate to a more worthwhile life.
Kate Frank, 53 Crescent Street, stated that she is worried about the Master Plan language. It will be helpful but some of the speakers have much a pithier way of looking at what is needed neighborhood by neighborhood. She stated that the language gets full of words. She stated the importance of working with cultivated leaders of the neighborhood so that when you begin to work up to the policy, you have concrete standings underneath. She noted that while many people may come to a meeting, they are not the families that you want to serve. She stated that her daughter is interested in community building programs. She noted that she provides activities that all kids want to attend. All of the children are on the same footing and enjoy the activity without any social status.
Alice Cohen, 255 Lexington Avenue, stated that she is a Cambridge parent. She noted that shoes alone bankrupt her family. She has spent her life and professional career with kids at risk. She is also an employee of the City's Department of Human Services. She noted that she is struck by the thoughtfulness of the comments. She said that the City has to start further upstream, which is universal Pre-K. She noted the importance of attending to every point of intersection that we could have with a child or family. She stated that it is important to find multiple intersections which would create more empowerment. This process can be about social opportunities and the opportunity to come together as groups within the community.
Irvienne Goldson, CEOC, stated that she was touched when looking at the materials with the idea of supporting youth through their journey. She stated that it is imperative to target youth involvement.
Public comment was closed at 6:55pm.
Councillor McGovern stated that all of the suggestions as they relate to community input and the best mechanism by which to have these conversations will be fleshed out. He stated his commitment to ongoing conversation and inclusivity.
The meeting adjourned at 6:58pm.
For the Committee,
Councillor Marc C. McGovern, Chair
Committee Report #3 (Paragraphs of the Original and Substitute reports interwovan to illustrate edits)
[Note: Councillor Mazen indicated when the substitute report was submitted that Council Aides were involved in the writing of the committee report. This is not in accordance with Council Rules or established procedures. This was a matter of great controversy a few years ago when concerns were expressed, especially by former Councillor Reeves, that reports would not be objective unless minutes were recorded by staff from the City Clerk's Office and approved the committee Chair or Chairs.]
The Economic Development & University Committee and the Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee conducted a joint public meeting on June 25, 2014 beginning at 3:12pm in the Cambridge Public Library Community Room, Level 2.
The purpose of the meeting was to discuss the ongoing out of school/STEAM working group research.
Present at the meeting were:
Vice Mayor Dennis A. Benzan, Co- Chair of the Economic Development & University Committee; Councillor Nadeem A. Mazen, Co-Chair of the Economic Development & University Committee; and Councillor Dennis J. Carlone.
Also present were:
Eugene Tyrrell, Software engineer, Next Jump; Chad Milner, Director of Tech Media and Communications, The Young People's Project; Jake Crutchfield, Teacher; Patty Nolan, School Committee; Kyle Browne, Cambridge Creativity Commons; Sung Kim, Cambridge Science Festival; Salma Yehia, Intern for Councillor Mazen; Sue Cusack, Lesley University/Educator; Ed Moriarty, MIT Professor; Eli Tucker-Raymond, TERC; Sarah Block, Harvard-Smithsonian Center for Astrophysics; Beverley Sobers, Director, Office of Workforce Development/DSHP; Susannah Keys, Intern for Councillor Mazen; Phyllis Benjamin, President, Friends of the Community Learning Center; Elaine Schear, Friends of CRLS; Ginny Weinmann, CIC Cambridge; Alexandra Lee, Executive Director, Kendall Square Association; Fran Cronin, School Committee; Christine Crowley, Smithsonian Astrophysical Observatory; Ben Clark, Cambridge Community Services; Adrienne Mueller, CIC Cambridge; Mark Jaquith, East Cambridge Planning Team; Barbara Kibler, Margaret Fuller House; Sarah Hoffman, Mmmmaven; Jessica A. Artiles, Student at MIT, Technology & Policy Program; Keri Carvalho, PEAR; Katie Friedman, Tutoring Plus of Cambridge; Art Bardige, Sustainablearning; Anne Larkin, Lesley University; Dennis Carlone, Architect/Urban Designer/City Councillor/Teacher; Ingrid Gustafson, Instructional Technology Specialist Cambridge Public Schools
Vice Mayor Benzan and Councillor Mazen opened the meeting and stated the purpose.
Opening Remarks (10 minutes)
Vice Mayor Benzan thanked public and asked people to invite others as we move forward. Councillor Mazen explained agenda and detailed how the meeting would go. Councillor Carlone applauded Councillors for pursuing STEAM and holding meeting.
Councillor Mazen opened it to public discussion. School Committee Member Patty Nolan said she appreciated both committees to come together and joining the discussion. She thanked Councillor Mazen and Vice Mayor Benzan for going to the Foundry meeting and acknowledging the data and work that has been done. She also thanked them for their commitment to building on everything that Cambridge schools and other groups have already done.
Councillor Mazen opened the meeting to public discussion. School Committee Member Patty Nolan said she appreciated both committees coming together and joining the discussion. She thanked Councillor Mazen and Vice Mayor Benzan for going to the Foundry meeting and acknowledging the work that has been done and the data that has been collected. She also thanked them for their commitment to building on everything that Cambridge schools and other groups have already done.
Vice Mayor Benzan explains Foundry and STEAM will be kept separate but he hopes our discussions will inform the City's Foundry discussion. Vice Mayor Benzan said, "We are turning this work over to you, we want to leave it up to you to shape what STEAM will look like in our city."
Vice Mayor Benzan explained Foundry and STEAM will be kept separate but that he hopes our discussions will inform the City's Foundry discussion. Vice Mayor Benzan said, "We are turning this work over to you, we want to leave it up to you to shape what STEAM will look like in our city."
Councillor Mazen mentioned that we need to have a subgroup leader and secretary before the end of the day. He voiced he was gladly surprised by the City Manager's suggestion to have a STEAM coordinator. Councillor Mazen reiterated that the City Manager suggested hiring somebody to bring corporate, teacher, universities and other stakeholders together. Councillor Mazen said, "It is important that we figure out who and what this person will do? What do we expect him/her to achieve?"
Councillor Mazen mentioned that each group will need to assign a subgroup leader and secretary before the end of the day. He voiced that attendees to the first Neighborhood and Longterm Planning meeting were elated and surprised by the City Manager's suggestion to have a STEAM coordinator. Councillor Mazen reiterated that the City Manager suggested hiring an expert with a 3-year mandate to coordinate Out of School Time and STEAM opportunities; the coordinator would not just research, but oversee implementation between City, School Department, corporate, and university partners. Councillor Mazen said, "It is important that we figure out what credentials and accomplishments this person needs to have and what this person will do. What do we expect her to achieve?"
Councillor Mazen proceeded to list the subgroups and explain that public and attendees have the expertise to push STEAM forward. He asked attendees to use their knowledge and experience to frame their subgroup.
Councillor Mazen proceeded to list the subgroups and explain that the public and attendees have the expertise to push Out of School Time and STEAM coordination forward. He asked attendees to use their knowledge and experience to frame the work of each subgroup.
Meeting Objectives
Discuss subgroup goals (15 minutes) (read)
Populate each subgroup (15 minutes) (read)
Internships & Apprenticeships (read)
Councillor Mazen explained this subgroup should discuss questions like: What is working in our schools? What programs are not? What do youth want to see in programs? How can we make them better?
Councillor Mazen explained this subgroup should discuss questions like: How are internship opportunities interfacing with students in our schools? What programs are not? What do youth want to see in internship programs? How can we make them better suited to success in higher education and professional life?
Online Portal Development (read)
Councillor Mazen said we should find ways to leverage the tech community and invite folks with strong opinions on technology to create a portal
Councillor Mazen said we should find ways to leverage the tech community and invite folks with strong opinions on technology to create a portal and that work is tentatively underway to supplement Khari Milner's vision for an online portal.
Messaging, Outreach & Family Engagement
Councillor Mazen mentioned this subgroup is largely about taking a complex subject that is difficult to understand and making it accessible to families, young people and teachers.
Councillor Mazen mentioned this subgroup is largely about taking a complex subject that is difficult to understand and making it accessible to families, young people and teachers so that these stakeholders can stay involved and so that non educators in particular feel included in the process.
Goal-setting & Measuring Outcomes
Councillor Mazen explained that it's important for one subgroup to track other subgroup. People in this subgroup should ask other subgroups: Are we talking around the subject or are we addressing it? Measuring outcomes of subgroups and existing stakeholder operations should be another thing for these groups to consider. Also, the group should ask itself: How do we politely and constructively criticize our current work and make it better?
Councillor Mazen explained that it's important for this subgroup to set a high bar for the other subgroups. People in this Goal-setting and Measuring Outcomes should ask: "Are we merely talking about education or are we being specific about changes that are needed in the OST/STEAM ecosystem?" Checking in with subgroups programs may be another thing for this subgroups to consider. Also, the group should ask itself: How do we politely and constructively criticize current work in the OST/STEAM ecosystem to make it better?
Best Practices
Councillor Mazen challenged group to answer the following questions: What exists for blending the work on OST with in school time, the work done by corporations, institutions and nonprofits? What works? How is consensus reached? What are the best practices to move forward?
Councillor Mazen challenged group to answer the following questions: What exists for blending the work on OST with in school time and how can various OST programs draw from the work of others, whether corporations, institutions or nonprofits? What works? How is consensus reached? What are the best practices to move forward?
Art Bardige from Sustainablearning, Inc. rose to comment, "We aren't asking what kids are doing and what would they like to see in programming." Art proposed the creation of an additional subgroup.
Art Bardige from Sustainablearning, Inc. rose to comment, "We aren't asking what kids are doing and what would they like to see in programming." Art proposed the creation of an additional subgroup on youth.
Councillor Mazen confessed he isn't opposed to having another subgroup but he feels that this can fall into other subgroups and can also be discussed by each subgroup.
Councillor Mazen noted he isn't opposed to having another subgroup but he feels that this can fall into other subgroups and can also be discussed by each subgroup.
Art countered that he feels current subgroups don't answer "What turns on kids? Why do the kids want to be involved?"
Fran Cronin from School Committee mentioned she feels that this question should be answered in each subgroup for that is intrinsic to every group. She said, "It would be great to do a blend of what entities want with what kids need and want to learn, there should be an alignment." Nevertheless, she agrees that there should be a focus on kids since we are hoping to launch them into adult life.
Elaine Schear from Friends of CRLS stated that the way the conversation is going indicates we want to know what the overarching goals of this work are. "My understanding is that the goals are still being worked out and that is really key."
Vice Mayor Benzan interjected that as someone who worked to initiate all of this, his original intent was to build infrastructure, to make sure that kids in our city projects have access to the innovation economy. "It's not just our youth, a lot of people are being left out-seniors are being left out. We are trying to build an infrastructure and we are bringing you all together to do this work," he added. Not having youth in the room was a failure in his eyes, but he stated that is something the subgroups can work on, bringing more youth to the table. He agreed there should be a subgroup with "Youth" as the heading because at the end of the day, they want to impact the youth and it should be implicit in the work of other groups that the target constituency is the youth. "What we are trying to do is connect our community with Science, Technology, Engineering, Arts and Mathematics that is why I'm involved in this work and hopefully that's why you're involved in this work too," he concluded.
Vice Mayor Benzan said that as someone who worked to initiate all of this, his original intent was to build infrastructure, to make sure that kids in our city projects have access to the innovation economy. "It's not just our youth, a lot of people are being left out-seniors are being left out. We are trying to build an infrastructure and we are bringing you all together to do this work," he added. Not having youth in the room was a failure in his eyes, but he stated that is something the subgroups can work on. He agreed there should be a subgroup with "Youth" as the heading because at the end of the day, they want to impact the youth and it should be implicit in the work of other groups that the target constituency is the youth. "What we are trying to do is connect our community with Science, Technology, Engineering, Arts and Mathematics that is why I'm involved in this work and hopefully that's why you're involved in this work too," he concluded.
Councillor Mazen said he hoped next time will be an opportunity for everybody to work more circularly about a coordinator position and for Councillors to receive input on agenda.
Councillor Mazen said he hoped the subsequent July 1 meeting will be an opportunity for everybody to rearrange chairs in a circle and speak to one another, rather than speaking forward to the Councillor's table, about a coordinator position.
Ben Clark from Cambridge Community Services voiced that among the different agencies that he works work with, there are adults, yet he has assumptions of who to have in mind for STEAM. He originally believed youth to be the target of STEAM education but he noticed that the target group may be going in different directions.
Councillor Mazen explained, "There is an assumption that this is for high school, the open question is who exactly?"
Councillor Mazen explained, "There had been an assumption about internships: that these opportunities are for high school only. But a number of people in this group have mentioned the importance of starting earlier. I assumed that some of the emerging consensus put the focus around Upper School age, but there's the opportunity to go even younger. This is fully up to the group and something we will define along the way."
Vice Mayor Benzan mentioned that they must not forget about the post-high school group of folks looking for work in the city; folks that need jobs but don't have the skills to secure good positions. "How do we, as a city, provide the infrastructure to help them," he added. He also stated that Cambridge has a senior population that doesn't know how to use iPhones or use advanced technologies-STEAM is also for them.
Vice Mayor Benzan mentioned that they must not forget about the post-high school group of folks looking for work in the city; people need jobs but don't have the skills to secure good positions. "How do we, as a city, provide the infrastructure to help them," he added. He also stated that Cambridge has a senior population that doesn't know how to use iPhones or use advanced technologies-STEAM is also for them.
Ed Moriarty from MIT stated that a lot of what he does with his students is exactly what people were saying. He explained that when he organizes STEAM-related events, he realized "It's not just for the kids, the retired engineers and other folks get just as much value as other kids do." He believes that there is an imbalance and that putting seniors and kids together would be great because the relationships they can form would be incredible.
Ed Moriarty from MIT stated that a lot of what he does with his students is exactly what people were talking about in the working group. He explained that when he organizes STEAM-related events, he realized "It's not just for the kids, the retired engineers and other folks get just as much value as other kids do." He believes that there is an imbalance and that putting seniors and kids together would be great because the relationships they can form have been incredible.
Councillor Mazen suggested that Mr. Moriarty was taking a holistic approach and that there's a lot of room for growth within STEAM.
Councillor Mazen applauded Mr. Moriarty's holistic approach and noted how much room for growth there is within the general STEAM and OST ecosystem for more holistic approaches like Ed's largely unstructured mentorship drop-in called "The Saturday Thing" program at MIT.
Phyllis Benjamin, President of Friends of the Community Learning Center said that she wants to make sure that her learning center students were part of this conversation. She mentioned that the continuum of students that go k-12 and continues post-High School is critical to the economic and social wellbeing of the community. She agreed with Vice Mayor Benzan in that many of her youth are working to get job training, college readiness or GED and they are looking for jobs that feed directly into the tech industry in Kendall Square but they need more skills and more internships. She said they need to be part of this conversation. She also explained that when the group looks at this constituent group, they should use "Students" instead of "youth".
Phyllis Benjamin, President of Friends of the Community Learning Center said that she wants to make sure that her learning center students were part of this conversation. She mentioned that the continuum of students goes from k through 12 and continues post-High School-an education pipeline that is critical to the economic and social wellbeing of the community. She agreed with Vice Mayor Benzan in that many of her youth are working to get job training, college readiness or High School equivalency and they are looking for jobs that feed directly into the tech industry in Kendall Square, but they need more skills and more internships. She said that they need to be part of this conversation. She also explained that when the working group looks at constituents and service recipients, the subgroup should use "Students" instead of "youth".
Katie Friedman from Tutoring Plus of Cambridge said that she felt strongly about having a committee dedicated to the student/youth voice. She felt it was important to get a better understanding about what they know that is out there, about what they have and don't have. She provided the example that "Some students don't have access to computer, their parents might not be able to navigate the internship portal, but we may never know that if we don't have youth in the room."
Katie Friedman from Tutoring Plus of Cambridge said that she felt strongly about having a committee dedicated to the student/youth voice. She felt it was important to get a better understanding about what the youth know is out there, about what resources they have and don't have. She provided the example that "Some students don't have access to a computer, their parents might not be able to navigate the internship portal, but we may never know that if we don't have youth in the room."
Councillor Mazen stated that he was hearing a trend of how increased involvement will inform the outcome. He explained that it is largely on the audience to help us with youth outreach. "We have asked multiple populations to come join us, but we are hoping you can go into your communities and bring them into the conversation and tell them that they're welcome," he voiced.
Councillor Mazen stated that he was hearing a trend of how increased student involvement will inform the outcome. He explained that it is largely on the audience to help us with youth outreach. "We have asked multiple populations to come join us, but we are hoping you can go into your communities and bring them into the conversation and tell them that they're welcome," he voiced.
Alexandra Lee, the Executive Director of the Kendall Square Association said there is a mystery that isn't being discussed. She said learned should be invited to come to Kendall Square, have a conversation with professionals who work there and in this fashion dissolve the mystery enshrouding Central Square.
Alexandra Lee, the Executive Director of the Kendall Square Association said there is a sense of exclusion and mystery that learners feel when they think about the tech boom happening in Kendall Square that isn't being discussed. She said learners should be invited to come to Kendall Square, have a conversation with professionals who work there and in this fashion dissolve the mystery enshrouding Central Square.
Vice Mayor Benzan included the offering of Kendall Square tours and Ms. Lee agreed.
Vice Mayor Benzan suggested Kendall Square tours.
Councillor Mazen stated that a subgroup for youth will be created, and officially asked the attendees to break into subgroups
Councillor Mazen suggested that a subgroup for youth begin brainstorming separately during the 1 hour brainstorming session within the present meeting, noting that the subgroup could always be merged into other groups if people felt strongly either way.
Councillor Mazen officially asked the attendees to break into subgroups.
Break out into subgroups (1 hour)
Determine subgroup facilitator and secretary (due at the July 1st meeting)
Create a summer meeting schedule (due at the July 1st meeting)
Councillor Mazen asked subgroups to discuss their views and goals, while also conducting some housekeeping chores, including: cetermining a subgroup facilitator and secretary (due at the July 1st meeting) and creating a summer meeting schedule (due at the July 1st meeting).
Questions, Concerns, Clarifications (15 minutes)
Subgroups decided to share what they discussed in the hour slot
Subgroups shared what they discussed in the hour brainstorming session.
Messaging, Outreach & Family Engagement
Group discussed collecting information, figuring who are the providers, the learners, and how best to get information out of those groups. They discussed that one of the goals of the subgroup would be to determine how best to solicit from those groups, and get their message to families across the city, as well as, the programs in the schools. They were also considering corporate or university sponsors and inviting these organization to help them with events in the youth centers and public housing projects (Mark Jaquith from East Cambridge Planning Team presented on behalf of the subgroup)
Group discussed collecting information, figuring out: who are the providers, the learners, and how best can we interface with both? They discussed that one of the goals of the subgroup would be to determine how best to solicit from those groups, get their message to families across the city and connect with existing programs in the schools. The subgroup also considered corporate or university sponsors and inviting these organization to help them with events in the youth centers and public housing projects (Mark Jaquith from East Cambridge Planning Team presented on behalf of the subgroup)
Whatever text or message is produced should be in multiple languages, to reach families of diverse ethnic backgrounds (Barbara Kibler from Margaret Fuller House)
Goal-setting and Measuring Outcome
Subgroup members concluded that the subgroup should be formed after more conversations as they deem it premature to define what the goals should be this early on. On behalf of the subgroup, Ben proposed that the subgroup be dissolved and that members go into different groups and make sure those subgroups remain goal-oriented. After more conversations, Ben posited the goal-setting subgroup should reconvene to create priorities and goals for the STEAM workgroup as a whole (Ben Clark from Cambridge Community Services presented on behalf of the subgroup)
Subgroup members concluded that the subgroup should be formed after more conversations as they deem it premature to define what the goals should be this early on. On behalf of the subgroup, Ben Clark proposed that the subgroup be disperse join other subgroups to learn more about individual viewpoints and to keep each subgroup's discussions goal-oriented. Ben noted that after 3 sessions, the goal-setting subgroup would reconvene to create priorities and goals for the STEAM workgroup as a whole (Ben Clark from Cambridge Community Services presented on behalf of the subgroup)
Internships and Apprenticeships
Subgroup determined that they want to identify the barriers in internships, (things like schedule, no centralized intake point at HS, etc). Subgroup agreed that this issue could be tackled by the person who becomes Cambridge's STEAM coordinator. Subgroup came to the conclusion that there is much overlap in existing internships and that a high school career day would be good to have in the cafeteria in order to show students the different programs that are available to them (and for organizations to make sure they are not all doing the same work). Furthermore, subgroup also discussed how learners should go to Kendall Square and visit. There should also be mentorship programs established or strengthened. These mentorship programs should address the expected outcome of the occupation, in addition to what clothing, demeanor, and behaviors employers expect from interns or new employees. Mentors should spell these things out clearly. (Alexandra Lee from Kendall Square Association)
Subgroup determined that they want to identify the barriers in internships, (things like schedule, no centralized intake point at CRLS, etc). Subgroup agreed that this issue would eventually be tackled head on by the future STEAM coordinator. Subgroup came to the conclusion that there is much overlap in existing internships and that a high school career day would be good to have in the cafeteria in order to show students the different programs that are available to them (and for organizations to make sure they are not all reworking the same outreach to CRLS). Furthermore, subgroup also discussed how learners should go to Kendall Square and visit. There should also be mentorship programs established or strengthened. These mentorship programs should address the expected outcome necessary to gain employment, in addition to what clothing, demeanor, and behaviors employers expect from interns or new employees. Mentors should spell these things out clearly. (Alexandra Lee from Kendall Square Association)
Subgroup also discussed how oftentimes internships are not part of some families' cultures. Subgroup also wants to answer the question: How do we support students, and their families, and show them that this is a great opportunity? Subgroup suggested that mentorship should also focus on helping learners/students feel confident in, and comfortable with, participating in Kendall Square activities (Fran Cronin from School Committee)
Subgroup wished to affirm that they did not mean to imply that there aren't existing internships or mentorship programs that aren't doing this work. Their intention is to acknowledge the good internship and mentorship programs around town and strengthen them. (Elaine Schear from Friends of CRLS)
Subgroup wished to affirm that they did not mean to imply that there aren't existing internships or mentorship programs that doing this work. Their intention is to acknowledge the good internship and mentorship programs around town and strengthen them. (Elaine Schear from Friends of CRLS)
Another thing Cambridge needs if it wants STEAM to move forward in the right direction is a centralized database. On a related note, companies have expressed they would like more direction as to what nonprofits and schools want them to offer students/learners. Subgroup suggested that coordinating between Joe Kennedy's Office and the City would be a good idea since the lawmaker's office is also involved in this work (Alexandra Lee)
Another thing Cambridge needs if it wants STEAM to move forward in the right direction is a centralized database. On a related note, companies have expressed they would like more direction as to what nonprofits and schools want them to offer students/learners. There was echoed agreement around the room.
Subgroup suggested that coordinating between Joe Kennedy's Office and the City would be a good idea since the lawmaker's office is also involved in this work (Alexandra Lee)
Vice Mayor Benzan interjected to state that Cambridge has the opportunity to become the first, unique STEAM city and build collaboration between all these groups so this is something we should capitalize on.
Ed insisted that the working group should use MIT, " We don't always know what outreach is going on at MIT, we have sometimes been successful other times not, we should talk to folks at MIT and see what works and not work in that regard," he said. Ed also raised the point that the working group should think about bureaucracy and how much of it do they want to deal with, as well as, how should it be managed. (Ed Moriarty from "Best Practices" subgroup & MIT professor)
Ed insisted that the working group should also think about the difficulty MIT has with coordination, " We don't always know what outreach is going on at MIT, we have sometimes been successful other times not, we should talk to folks at MIT and see what works and not work in [regard to coordination]," he said. Ed also raised the point that the working group should think about bureaucracy and how much of it do they want to deal with. (Ed Moriarty from "Best Practices" subgroup & MIT professor)
Offered up idea "speed-dating for STEAM" where mentors could be matched with learners (Alexandra Lee)
Learners
The subgroup agreed with much of what was already stated; yet, they felt that there was still a need for the voice of the youth. " One of our drives is to make sure learners are incorporated into each subgroup. We will reach out to students, middle school and high school and post-HS. We should consider establishing a youth leadership council; we could use their voice to better inform other subgroups," she said. Weekly STEAM challenges could be sent out or published on social media to get their opinions on what's going on and what should subgroups focus on. (Katie Friedman from Tutoring Plus presented on behalf of the subgroup)
The subgroup agreed with much of what was already stated; yet, they felt that there was still a need for the voice of the youth. " One of our drives is to make sure learners are incorporated into each subgroup. We will reach out to students, middle school and high school and post-HS. We should consider establishing a youth leadership council; we could use their voice to better inform other subgroups," she said. Weekly STEAM challenges could be sent out or published on social media to get their opinions on what's going on and what should subgroups focus on. Others in the room suggested going to Kids' Council (Katie Friedman from Tutoring Plus presented on behalf of the subgroup)
Best Practices (subgroup members changed name to "Better Practices")
Moving forward, the subgroup would like to figure out its constituents, the young people and OST providers at different levels, universities, and industries providing instruction. They feel it would benefit them to know the goals of after school programs as well. There was a little confusion over whether STEAM should be career-oriented or be centered around critical thinking. Subgroup resolved that STEAM-learning should be in touch with internships so that they can build on the agenda for children instead of recreating the wheel. (Selima from Boston University presented on behalf of the subgroup)
Moving forward, the subgroup would like to create an inventory of existing OST/STEAM/internship opportunities, better define constituents and target age range, recruit young people and OST providers at different levels, and fully engage universities and corporations that provide instruction and resources. They feel it would benefit them to know the goals of after school programs as well. There was discussion over whether STEAM should be career-oriented or be centered around critical thinking. Subgroup resolved that STEAM-learning should be in touch with internships so that they can build on the agenda for children instead of recreating the wheel. (Salma from Boston University presented on behalf of the subgroup)
Councillor Mazen discussed housekeeping and homework for the July 1 meeting and noted that there are two obvious ways for this working group to "walk the walk" rather than just "talking the talk". One: as the group identifies best practices, it will be important to find partners within the group or the OST ecosystem excited to implement "bench level tests" to see which improvements are suited for which programs. This is something that can be done continuously, in the spirit of improvement, in small, iterative steps. Two: define the STEAM coordinator role and what this individual or team will accomplish within the 3-year mandate.
Vice Mayor Benzan and Councillor Mazen thanked all those present for their attendance.
The meeting was adjourned at 4:46pm.
For the Committees,
Vice Mayor Dennis Benzan, Co-Chair
Councillor E. Denise Simmons, Co-Chair (not present)
Economic Development & University Relations
Councillor Nadeem A. Mazen, Chair
Neighborhood & Long Term Planning, Public Facilities, Arts & Celebration
Committee Report #4
The Ordinance Committee held a public hearing on June 24, 2014 beginning at 3:14pm in the second floor meeting room at 344 Broadway, Cambridge, MA.
The purpose of the hearing was to discuss a proposed amendment to the Municipal Code entitled "Building Energy Use Disclosure Ordinance."
Present at the hearing were Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Committee; Councillor Nadeem Mazen; Councillor Craig Kelley; Nancy Glowa, City Solicitor; Vali Buland, First Assistant City Solicitor; John Bolduc, Environmental Planner; Susanne Rasmussen, Director of Environmental and Transportation Planning, Community Development Department; Sandra Albano, Executive Assistant to the City Council; Paula M. Crane, Administrative Assistant; and Marybeth Cosgrove, Operations Manager, City Clerk's Office.
Also present were Leslie Cook, Program Manager, ENERGY STAR Commercial and Industrial Branch, United States Environmental Protection Agency; Steven Lanou, Deputy Director, Office of Sustainability; Sarah Gallop, Co-Director, Office of Government and Community Relations, MIT; Henrietta Davis; Bryan Koop, Boston Properties; Ian Finlayson, Deputy Director for Energy Efficiency, DOER; Sarah Kennedy, Director of Government Affairs, Cambridge Chamber of Commerce; Carolyn Sarno, Northeast Energy Efficiency Partnerships (NEEP); George Smith, Director of Operations and Campus Planning; John Sullivan, Lesley University; Cyndi Vert; Linda Darreau, EPA; Jim Newman; Ben Myers; James Cater; Robert Winters; Rosalie Anders; Jane Carbone; Quinton Zondervan; Heather Henriksen, Director of Sustainability, Harvard University; Barun Singh; and Joe Maguire, Alexandria Real Estate Equities.
Councillor Carlone convened the hearing and stated that there will be a presentation and following that presentation there will be discussion within the City Council.
John Bolduc gave an overview of the proposed Building Energy Use Disclosure Ordinance. He stated that Cambridge has a goal to reduce greenhouse gas emissions by 80% by the year 2050. He then gave a Power Point presentation. (Attachment A).
Councillor Kelley asked about the ordinance as it relates to tenants. He asked if only the agent will be entering data for building. Mr. Bolduc stated that there are a lot of privacy concerns as well as trade issues in disclosing energy use data for individual organizations or businesses. The ordinance is focused on understanding the entire energy performance of a building so having data aggregated for the whole building is what they are aiming for. Councillor Kelley asked if any of the ordinances from other cities look at tenants rather than whole buildings. Mr. Bolduc stated the enforcement of tenants is problematic and that it is not efficient to force these types of ordinances with tenants who are not cooperating.
Councillor Kelley stated the ENERGY STAR Portfolio Manager is on the EPA platform. He questioned what would happen if the EPA gives up or switches to another platform. Leslie Cook, from the US EPA, answered that the EPA will continue to support the Portfolio Manager and assured Councillor Kelley that this should not be a concern.
Councillor Kelley asked for clarification regarding any buildings that contain 50+ units. Mr. Bolduc stated that any building or apartment with 50+ units is included. He noted that all of those buildings will be able to get aggregated data from NSTAR. He noted that unit information is not available to anyone but NSTAR. Mr. Bolduc stated that water data tends to be common meters for buildings so they do not expect that to be an issue.
Councillor Kelley asked Mr. Bolduc if municipal data encompasses the school district. Mr. Bolduc answered in the affirmative.
Councillor Mazen asked about the lack of follow-up requirements in the ordinance, in contrast to some cities like Boston, that require buildings that do not perform up to a specified standard to make improvements. Mr. Bolduc noted that the City wished to respect the Getting to Net Zero Task Force process which is expected to address strategies and actions to improve building energy performance. He stated that they do not want to presume what the measures will be. The task force's recommendations could be added to the disclosure ordinance through amendments at a later time or put into separate ordinances if appropriate.
Susanne Rasmussen stated that they are not ready to speak about the recommendations of the Net Zero Task Force. In these types of ordinances, the two things that might be included, based on the example of other cities like New York and Boston, are an energy audit requirement and/or a requirement to implement measures if goals are not met. She stated that the task force is looking to develop a comprehensive set of strategies by the end of the year, so now is not the right time to propose strategies for inclusion in the ordinance. She stated that the goal for the proposed ordinance is to get the energy use data as soon as possible because it is critical for planning.
Vice Mayor Benzan asked about non-compliance and penalties. He asked how this ordinance compares to other states and municipalities. Mr. Bolduc stated that they are following the allowable guidelines under state statute. He stated that the intention is to avoid issuing fines and to perform outreach and education and make it as easy as possible for people to comply. Vice Mayor Benzan asked who would enforce the ordinance. Mr. Bolduc responded that it would be the Community Development Department. Ms. Glowa stated that the violations could be as high as $300.00 per day but warnings and lesser fines can be issued as well.
Councillor Carlone stated that on any strategy, you need accurate data for the benefit of all.
Councillor Carlone opened the meeting to public comment at 4:05pm.
Leslie Cook, from the US EPA, spoke about the value of benchmarking energy use in commercial buildings as well as the capabilities of the ENERGY STAR Portfolio Manager tool. She stated that the EPA has developed Portfolio Manager to assist building owners and managers to measure and assess energy use in a standardized way. She stated that benchmarking the energy use of commercial buildings is a critical first step on the path to superior energy efficiency. (Attachment B).
At this time Councillor Carlone acknowledged the attendance of former Mayor and City Councillor Henrietta Davis.
Bryan Koop, Senior VP and Regional Manager, Boston Properties, stated his firm's endorsement for the ordinance. He stated that a scoreboard is essential. He noted that buildings are a more significant business than people understand. He stated that if we are serious about goals set forth as a community, we need to keep score. He stated that measurement and verification is essential in running these buildings. He said that Portfolio Manager is a very effective tool in allocating capital dollars each year. He stated that score boarding drives behavior and that transparency is a great asset with their customers. He stated that Boston Properties just received LEED Platinum Certification for a building that they just finished. He thanked Mr. Bolduc and the team for their inclusiveness.
Ian Finlayson stated that the majority of energy savings come from the commercial and industrial sector. He noted that a lack of information and data flow is a barrier and that disclosure is pivotal.
Sarah Kennedy, Director of Government Affairs, Cambridge Chamber of Commerce, stated the Chamber represents a breadth of organizations that fall along a wide spectrum of energy use. She stated that the businesses of this community share concerns of how the data will be reported and presented to the public and how will buildings that are not alike, e.g. labs, mixed-use, single use and residential, be separated into the appropriate categories so they are not comparing apples to oranges. She stated that not all buildings can be viewed through the same lens. She encouraged the city to consider incentives to reduce usage and arrive at common goals which are more effective than penalties. (Attachment C).
Carolyn Sarno, Northeast Energy Efficiency Partnership, stated that NEEP aims to achieve significant energy savings and greenhouse gas reductions in new construction, remodeling, and renovations by advocating for advanced building energy codes and code-related public policies, such as building energy rating and disclosure. She stated that she is a former facilities manager who has managed a wide variety of building stock. She stated that she knows firsthand the opportunities that building energy reporting and disclosure can hold for both building owners and tenants. She spoke in support of Cambridge's proposed ordinance which would result in direct benefits for the residents, building owners, electric ratepayers, industries and small businesses. She commended the city on this important public policy. She stated that as a former facilities manager she was taught that you can't monetize what you haven't measured. She stated that studies have shown that measuring increases productivity. (Attachment D).
John Sullivan, Director of Communications, Lesley University, asked if it is possible to opt-in to this program rather than a mandatory reporting requirement. Mr. Bolduc stated that the ENERGY STAR Portfolio Manager has been available on a voluntary basis for over 15 years. He noted that there are many more buildings that we need to get involved in benchmarking. He stated that they are pushing for disclosure of data because putting the data into the marketplace will help drive change. Mr. Sullivan stated that an awareness campaign could be utilized.
Steve Lanou stated that MIT and the city have a long and productive history of collaboration and problem-solving on important issues related to the quality of life in Cambridge. He applauded the city for its leadership in seeking to improve energy management practices and energy use benchmarking city-wide through the proposed ordinance. He offered that the ordinance recognize that energy use information alone is not adequate to indicate if energy performance of a building is "good" or "bad." He stated that implementation of the ordinance must provide ample context of the relationship among research benefits, innovation and energy use. He stated that using data collected through the ordinance for benchmarking performance among stakeholders could be very useful, but only if it is compared through an "apples-to-apples" methodology. He encouraged the city to develop reporting requirements that are not perceived as onerous but are recognized as value-added. He asked that the implementation plan be mindful that the ordinance not create unintended disincentives for certain positive energy practices. (Attachment E).
George Smith, Director of Operations and Campus Planning, stated that Lesley University is very supportive of the ordinance and the university is committed to energy reduction. He stated that Lesley has had a number of projects and the way they construct buildings is high on list of important issues. They are currently using Portfolio Manager and it is helpful tool in terms of continued reduction and use of energy. He stated that informed change cannot be made without good data analysis. One main concern is the issue of contextual information and categorizing buildings correctly. They have diverse portfolio of properties. He stated that Lesley would like to be an integral part of the working team that will develop the details of the ordinance as it moves forward.
Jim Newman, 11 Stearns Street, Chair of the Massachusetts Chapter of the U.S. Green Building Council, stated that he supports this ordinance as a resident and in his capacity with the USGBC. This is one of the USGBC's primary advocacy foci. They are excited to work with their chapter buddies in Vermont who are working with the City of Burlington on a similar initiative. It is a goal because it is valuable in providing the actual data that drives policy. Also, this ordinance has very strong support of the membership of the Mass Chapter of GBC. He stated that the chapter is prepared to provide support and training to the city if called upon. As a resident, he is excited that this is a strong step in continuing the process of supporting goals in energy reduction. There is a value in keeping score as a resident.
Ben Myers, 62 Plymouth St, stated that he is a Boston Properties construction manager. He stated that currently there is not great data. He stated that Cambridge is a world class city and this is a world class measure. He applauds the City Council and the City of Cambridge for seeing this through.
James Cater, NSTAR, stated that he is the program manager for the utility's energy data portal which provides aggregated building data to facilitate compliance with Boston energy use disclosure ordinance. He stated that he is the point of contact for the Boston ordinance and noted that he will be the contact person for building owners in Cambridge.
Jane Carbone, 280 Franklin Street, Director of Housing Development, Homeowners Rehab Inc., stated that HRI has been using energy tracking software that tracks energy consumption in their properties. This allows them to identify buildings and prioritize improvements to reduce consumption. She stated that the Portfolio Manager tool will be compatible with the Wegowise tool they currently use. HRI is concerned about climate change. She stated that when improvements are done within their properties, they make sure to include resident education. She would like to be involved to help the city with the mechanics of how the ordinance will be implemented. (Attachment F).
Henrietta Davis thanked the Community Development Department for the process in developing the disclosure ordinance. She noted that this is a number of years in the making. She noted that measuring is the first step. She stated that there is not a way to figure out what needs to be done if you cannot measure it. She pointed out that most of the things that have been done in Cambridge target new construction but existing buildings are a tremendous challenge. To really move people to take action to make changes there needs more "lift." Getting the message out has never been easy. She stated that she is a member of the Net Zero Task Force and for that task force to implement its work, this ordinance will be extremely helpful.
Quinton Zondervan stated that he is the president of Green Cambridge, He stated that he is looking forward to the adoption of the ordinance. He stated that without building energy disclosure, we cannot effectively track and ultimately reduce building energy consumption. He commended the city staff for their active dialogue with the citizens to anticipate and resolve as many concerns as possible prior to adoption and implementation of the ordinance. (Attachment G).
Heather Henriksen stated that Harvard has been working to address the challenge of climate change and environmental sustainability and has focused on modeling an institutional pathway to a more sustainable future. She stated that a key component of Harvard's energy reduction strategy is to operate their buildings more efficiently through energy audits, energy conservation measures and continuous commissioning. She stated that Harvard University supports the proposed ordinance as a means to help the City of Cambridge and the broader community better understand energy use in buildings. She encouraged the City Council to consider the following points as they review the proposed ordinance as these would impact the effectiveness of the ordinance's implementation: Property owners should not be required to provide any building identifiers for commercial properties to ensure the safety of buildings, Harvard has concerns about how the data will be presented and interpreted, and the implementation of similar ordinances has found that incentives work better than penalties at encouraging building owners to explore innovative energy reductions across their building portfolio. She stated that Harvard is proud of their continued partnership with the City of Cambridge to confront the challenge of climate change. (Attachment H)
Councillor Mazen asked Ms. Henriksen for clarification as it relates to building identifiers. He asked if she was speaking about climate activism extremism? Ms. Henriksen stated that Harvard feels that it is not necessary to say a building name, rather than the type of building.
Barun Singh, Cambridge resident, Net Zero Task Force, stated his support for the ordinance. He stated that he is president of Wegowise which provides energy tracking services. He stated that benchmarking is the first step. He stated that data helps people perform analysis on what sort of products make sense. He stated that he believes the evidence shows when you enforce the penalties, it works better. He stated that it is useful to collect building identifiers but it is not necessary to put building addresses. He stated that the Net Zero Task Force will find that if it has better data, they could have more concrete recommendations.
Joe McGuire, Alexandria Properties, stated that there is a missing element. As the owners of the building, they do not have the meters in their name. It takes the tenants' cooperation in order to do that. He stated that penalties applied when a tenant is the cause for them not being able to provide data should not be part of this ordinance. He noted that Alexandria Properties has used ENERGY STAR Portfolio Manager on many buildings so his company wants to do the right thing in terms of sustainability. He stated that ENERGY STAR is devoid of a category for laboratories. He would like the city to continue to be the world class center for life science and foster growth in a sustainable manner.
John Bolduc stated that if an owner cannot get data from a tenant and if there are buildings that don't meet thresholds wherein the owner goes to tenant and the tenant declines, the owner can estimate energy use with factors to be provided by the City and the owner will not be penalized. But in most cases, the NSTAR energy data portal will provide the aggregated energy use data that owners will need to comply.
Public Comment closed at 5:15pm.
Councillor Carlone noted the committee received written a communication from Laurie Kerr, City Energy Project, Natural Resources Defense Council and Caroline Keicher, Associate Director, Building Energy Performance Policy, Institute for Market Transformation. (Attachment I).
Councillor Carlone stated that there are a few questions that have arisen in the meeting and looks forward to these questions being answered on Mon, June 30, 2014 at the City Council meeting.
Vice Mayor Benzan made the motion to refer the proposed ordinance to the full City Council with a favorable recommendation.
The motion passed on a voice vote.
Ms. Glowa stated that there is a lack of consistency between the definition of covered property and the benchmarking requirements concerning residential buildings. She stated that City staff could provide draft amendments to the proposed ordinance which would be available to the full City Council on Mon, June 30, 2014 (Attachment J).
Vice Mayor and Councillor Carlone thanked all those present for their attendance.
The hearing adjourned at 5:24pm.
For the Committee,
Vice Mayor Dennis A. Benzan, Co-Chair
Councillor Dennis J. Carlone, Co-Chair
Committee Report #5
Meeting Type - Public hearing
Meeting Purpose - The Ordinance Committee will discuss revisions to the Cambridge Municipal Code Section 9.04.050 (A) Defacing public property of Chapter 9.04 entitled "Offenses Against Property".
Meeting Details
Date and Time: Wed, June 18, 2014 at 5:48pm
Location: Sullivan Chamber
Attendees
Vice Mayor Benzan, Co-Chair; Councillor Carlone, Co-Chair; Councillor Mazen; Councillor Toomey; Richard Rossi, City Manager; Deputy Superintendent of Police Jack Albert; Deputy Superintendent of Police Joe Wilson; Nancy Glowa, City Solicitor; Mike Connolly; and Donna P. Lopez, City Clerk.
Other Attendees
John Hawkinson, 2 Clinton Street; Bill Cunningham, 6 Newtowne Court; Thaila Sundaresan, Wilmer Hale, 60 State Street, Boston, MA; Stephen Helfer, 3 Crawford Street; Paula F. Soto, 243 Broadway; Tsuki Hoshijima, 60 State Street, Boston, MA; and James Williamson, 1000 Jackson Place.
Minutes
Vice Mayor Benzan convened the meeting at 5:48pm and stated the purpose.
He stated that the meeting is being recorded with audio and visual devices. He stated that the City Staff will be the heard first.
Vice Mayor Benzan requested a brief background. City Solicitor Nancy Glowa stated that this ordinance was referred to the Ordinance Committee to review whether the ordinance should be amended regarding the leafleting of cars. There is a pending law suit. The question before the City Council is whether the City Council would like to amend the ordinance to regulate this activity or any other activity. A copy of the ordinance is attached (ATTACHMENT A).
Vice Mayor Benzan asked the City Council for their comments.
Councillor Carlone asked Ms. Glowa if this could be viewed as a public service announcing movies. How does freedom of speech interface here? Ms. Glowa stated that it is not appropriate to interpret the legality of the ordinance at this time.
Councillor Mazen stated that he feels that the City Council wants to amend the ordinance. If amended posting and attaching is different than placing. If a leaflet is on a windshield or on a doorstop he felt that this ordinance does not apply. He asked if the language needs to be changed.
Councillor Toomey asked for clarification. He asked if posters include political literature. Councillor Mazen stated that he thinks political literature is excluded.
Ms.Glowa stated that if the ordinance is unclear and you want to include or exclude activities to be regulated by the ordinance it is proper to do so. Ms. Glowa stated that historically there were a lot of postings on public and private property including utility poles and this was the background of the enactment of the ordinance.
Councillor Mazen stated that he is not interpreting the ordinance. He is not sure that the ordinance should be amended to include free speech or to allow posting of certain things and leave out the issue of freedom of speech. It is better to discuss how it is affixed. City Manager Rossi stated that if the City Council clarified the ordinance it is better for the police to enforce. The Police are trying to enforce the ordinance.
Councillor Mazen stated that he wanted a conversation about the implementation of the ordinance.
Vice Mayor Benzan stated that the City Council needs guidance about how best to amend this ordinance. He wanted to understand the intent of implementation of the ordinance. He is hearing that the ordinance was proposed to prevent the postings on poles, etc. If the intention was to prohibit leafleting on cars this should be stated in the ordinance. Ms. Glowa responded that once an ordinance is enacted it must be enforced and this is the job of the Police Department. She further stated that if the City Council gives direction on how they want to amend the ordinance the Law Department will provide the language and any legal advice needed.
Vice Mayor Benzan stated that with the pending litigation he does not feel he can ask the questions that he wants to ask. There are important questions to be asked on this matter. His colleagues believe in the First Amendment and when freedom of speech is at issue he wants to understand why it is important to enforce this activity and why it is not laid out in the ordinance. Ms. Glowa stated that the legislative intent may be in the record of the City Clerk's minutes. This is a presumptively valid law and it will be enforced. There is no provision that the police may not enforce the ordinance.
Mr. Rossi stated that it would be best to go back and research the records. There were incidents that paraphernalia was glued to poles. In Cambridgeport things were nailed to poles. We do not want our police to decide what a good is or a bad ordinance. They have to enforce all the ordinances. If the City Council feels it is too broad or too restrictive you can change the ordinance. You may want to revisit the history of this ordinance. Subsequent to the meeting research was done for the 1992 Ordinance. On Jan 31, 1992 a communication was received from Carl Barron, Putnam Furniture, complaining of the litter associated with posting of flyers. He asked the city to resolve this matter. On Mar 26, 1992 the proposed amendment to the Municipal Code appeared as an Agenda Item. On Mar 26, 1992 the proposed ordinance was passed to a second reading by the City Council. On May 11, 1992 the ordinance was passed to be ordained by vote of 7-0-2.
Councillor Toomey stated that he was on the City Council in 1992 when it enacted. The public was outraged about the posting of handbills on trees and poles. The city was unsightly. Postings were put up and not taken down. If we return to those days the City Council will hear from resident who are not happy about this. He urged his colleagues to look to see why the ordinance was brought in. He would not vote to repeal this ordinance.
Councillor Carlone stated that he was breaking the law when he tried to post something. He stated it makes sense not to post things on trees and poles. He is talking about refinement, not repeal. This could be refined to say that community-oriented meetings could be posted in select locations. Kiosks in the City at main intersections could be sites to post this type of thing. Some people put things on windshields. Dana Park and Sennott Park may be key points.
Mr. Rossi stated that there have been cases, in community interest; if the ordinance process was followed a cardboard sign would be tied to a tree, as long as the procedures in the ordinance were followed. He spoke about the community bulletin board around the city. If done properly and in accordance with the ordinance it can be done. The City Manager has given approval for a posting for community meetings. It is put up and then removed.
Vice Mayor Benzan asked about putting a poster up for a lost dog and if he posted this in the neighborhood and asked for a reward, how would it be handled. He asked the police for their input in this situation. What would police do if the police station is called? Deputy Superintendent Wilson stated that if a complaint was received for a violation of the ordinance demanding that the police take action he would call the person who posted the poster and explain the ordinance. Vice Mayor Benzan asked the time frame if the owner of the lost dog got permission from the City Manager. Mr. Rossi responded that if the request were put in writing and if the public promises not to use staples, glue or nails location it would be approved. It only takes a matter of day.
Vice Mayor Benzan asked how many complaints the police have received. Deputy Superintendent Wilson stated that responses were based on calls from citizens. Deputy Superintendent Albert stated that he had a complaint at the Hilary Clinton book signing where postings were put up and he asked them to be taken down.
Vice Mayor Benzan stated that this is dealing with posting on cars and it is not addressed in the ordinance. He asked Councillor Toomey if the issue of posting on cars was discussed in 1992. Councillor Toomey stated that there were all types of free advertisements posted and it became so cumbersome and such an eyesore for the city. This was a litter issue.
Councillor Mazen agreed that the ordinance not be repealed not knowing what happened in 1992. He stated that all art communities have postings. He wants to believe there is a solution for public posting, but wants to stay away from the freedom of speech zones. There should be more bulletin boards in the city. He wants to amend 9.04.0 A to move productively. Should language be formulated about community literature that does not cause a litter problem?
Councillor Toomey stated the issue of the squares could be addressed to have kiosks and to allow posting. He did not want trees or light poles used for posting. If the City wanted to install kiosks this may be a solution.
Vice Mayor Benzan asked since enactment of the ordinance how many challenges have there been. Ms. Glowa responded the one that is pending.
Councillor Carlone suggested a long term solution for kiosks at key locations and that the Central Square Business Association ("CSBA") act as an overseer to clean up. He suggested that the person who posts be responsible to remove the posting and that the posting have the name and address of the person posting. He stated that there must be rules about inappropriate content.
Vice Mayor Benzan stated that from a public safety perspective he would rather the police enforce laws that pose a threat to people. In this case we have an order that is clear to some and not to others. This challenge is that leafleting cannot be placed on cars. If it is unconstitutional to put leaflets on cars then an alternative should be made. His concern is to develop good policy to refine the ordinance. He will ask if there are similar challenges and whether they were upheld in court. He feels that this puts him in an awkward position because he cannot ask these questions. He does not feel he can ask for guidance in this. Ms. Glowa stated that this case is pending in federal district court. There is no consensus in the courts if this is constitutional or not. Ms. Glowa stated that the Law Department stands ready to assist the City Council. She suggested that the City Council focus on the policy that the City Council would like to enact. She would provide advice on any approach or if the City Council wants to convene an Executive Session to discuss pending litigation that would also be permissible.
Councillor Mazen stated that the City Council is being asked to change the ordinance. If leafleting cars is permitted what impact does this have? We do want to protect free speech. This should be allowed and what is the cost and can the cost be mitigated. Mr. Rossi stated that this would cause the police to say that this is not allowed and the City would be responsible to keep the streets clean. This is a tough question to ask. This is a policy decision that the City Council has to make and the police may not be able to enforce. Some people may feel that a car is private property. If the ordinance is amended in that way the police will not enforce. Councillor Mazen stated that if the avenue of free speech is opened, maybe this needs to be explored and the litter issue may outweigh the ordinance. Mr. Rossi stated that an ordinance could be enacted with a sunset clause and the law will end on a certain date and then reenact versus a permanent ordinance.
Vice Mayor Benzan stated that he is not sure that there is interest to prohibit this free speech to keep the streets clean. Prohibiting leafleting of cars is to prevent littering and he is not sure that this is compelling to prevent free speech. Mr. Rossi commented that litter is a byproduct of posting. It is not the most compelling reason to amend. He would be interested in the legality and whether this is a burden or not. Street festivals cause litter and the city accepts this. He would look at what is legal and how are the constituents in the community reacting to the ordinance.
Councillor Carlone stated he does remember the litter; it is night and day and much better now. It is compelling to him to create community. Criteria and regulations can be established. He stated that 8½ x 11 posters on poles that needs to be removed is less paper than leafleting. The ordinance can be amended to focus on the arts and community. He encouraged considering the combined proposal. Councillor Toomey asked who will regulate what can go on poles. Councillor Carlone stated that posting can be done with permission. Ms. Glowa stated that with the permission of City Manager notices can be placed on public property. Mr. Rossi gave examples of yard sales, postings where all businesses and residents are invited. The City would give permission to community groups to do this.
Councillor Toomey stated that if the City Council wants to repeal the ordinance - repeal it. Councillor Mazen stated that he does not want to repeal the ordinance. He wants an addendum to address the issue. What type of posting is okay and is there a way to not overly burden the city. How does the public balance cost and benefits? The kiosk takes care of the litter and we can move past the question.
Vice Mayor Benzan stated that the issues are complicated and when curtailing free speech it needs to be viewed carefully. He spoke about the need to decide what can be posted. He hoped to go into executive session to discuss this more. Any decision made must take into account the public good and benefit.
At 6:55pm public comment began.
Thalia Sundaresan, Attorney at WilmerHale who stated that WilmerHale and the ACLU jointly represent Paula Soto. She submitted written testimony (ATTACHMENT B). She explained that Ms. Soto was stopped by a police officer on Dec 12, 2011 while she was leafleting cars and told that she could not leaflet cars and that she was littering. The ACLU reached out to the city to resolve the matter without litigation. The ACLU sent the city several court decisions that struck down similar city ordinances prohibiting leafleting. She stated that Ms. Soto has public support for her work where she hosts free documentary film screening at the community room of her apartment building every month. She stated that the language in the ordinance does not prohibit objects being placed on cars. She offered three possible solutions and requested the City Council to consider them. She stated that the language in the ordinance denotes "permanency." Since Ms. Soto's leaflets can be removed and does not permanently deface property the simplest solution would be that the ordinance does not apply to this type of leafleting and to train police officers to this. The second solution is to repeal this ordinance. The third option is to amend the ordinance to prohibit commercial leaflets. She stated that former City Solicitor wrote an opinion that posting commercial flyers on cars was prohibited by the ordinance. The ordinance has not been applied to non-commercial leafleting. No person should post a commercial leaflet. She stated that the city has refused to suspend the ordinance until the suit is settled and now ask the Ordinance Committee to resolve the matter so that Ms. Soto can leaflet without fear of being fined or stopped by a police officer.
PF Soto, 243 Broadway stated that littering is everywhere. She has never seen her flyers on the street. She is a citizen of Cambridge and a larger world. Her government is responsible for horrendous abuses. She would prefer not doing what she is doing. This is shortsighted and what goes on at the national level impact the local level. She spoke about propaganda. This is why she does what she does. She has a rich emotional and social life. What the US does has an impact on the whole world. She suggested keeping ordinance as is but include education.
James Williamson, 1000 Jackson Place stated that PF Soto's works should be cherished. She is under resourced and maybe she could have an advertisement in the subway. He wanted the city to help Ms. Soto publicize her work. He stated that information should be included about the timing for permission by the City Manager. All the City Council would be in violation of this ordinance for the political paraphernalia. He thinks that the ordinance is unconstitutional as written. He spoke about selective enforcement. He stated that he attended a meeting that was posted on a lamp pole which was posted by Senator Jehlen. He spoke about the lobbying of the Yellow Pages. He considered this more problematic than the leafleting. He spoke about the BZA signs go up on private property and are not taken down. He spoke about the bus shelters being used as public billboards. He favored the public kiosks.
John Hawkinson, 2 Clinton Street, stated that as a matter of process he wanted the public comment portion opened early. He wanted to understand the criminal penalty and non-criminal penalties. Judge Deen expressed interest in seeing the documentation of this meeting and this is relevant to the pending suit. You cannot just look at the language. The practice needs to be look at. He wanted the City Council to look at the freedom of speech issue.
Vice Mayor Benzan asked what the pleasure of the City Council is.
Councillor Mazen thanked Ms. Soto. He agrees with her work and applauds it. He was swayed most by the majority of the circuit courts. What do we tell people when the nuisance is on the windshield? Nuisance is not an excuse. He suggested option one and three from public comment. The ordinance may not apply to leafleting. This is the most expedient way to go forward.
Vice Mayor Benzan asked what the pleasure of the City Council is to amend the ordinance.
Councillor Mazen stated that he wanted the language in section 9.04.050 (A) to not apply to leaflets, but prohibits commercial leafleting.
Councillor Toomey preferred repealing the ordinance. He felt that you cannot differentiate between commercial and non-commercial leafleting. He stated that he preferred repeal, but would not vote to repeal the ordinance.
Councillor Carlone stated that he understands the potential and one could say elements of the public good and benefits can be posted through a process with specification.
Councillor Mazen spoke on leafleting in a specific way and it is a form of protected free speech. This may open this up for further challenge. What was suggested sounded fair and legally required.
Vice Mayor Benzan stated that he wanted to refer the ordinance to an executive session to discuss the options presented, the case law and the legislative intent information. Ms. Glowa stated that under the Open Meeting Law the body can discuss pending litigation in Executive Session of discussion of the pending litigation in open session would be detrimental to the City's legal position. She stated that the court is awaiting the action of the City Council.
Vice Mayor Benzan made the following motion:
ORDERED: That the matter of revisions to the Cambridge Municipal Code Section 9.04.050 (A) Defacing Public Property be referred to the full City Council to discuss the three options below and to further request that the City Manager be and hereby is requested to direct the City Solicitor to provide language and guidance as to how the City Council could amend the ordinance based on the following options:
•1. Ordinance does not apply leafleting;
•2. Repeal the ordinance; and
•3. Ordinance prohibits commercial leaflets.
The motion carried on a voice vote of four members.
Vice Mayor Benzan thanked all attendees.
Adjournment
On motion of Councillor Carlone the hearing adjourned at 7:29pm.
For the Committee,
Vice Mayor Dennis Benzan, Co-Chair
Councillor Dennis Carlone, Co-Chair
AWAITING REPORT LIST
14-19. Report from the City Manager:
RE: report on producing an updated report of the Concord-Alewife Plan.
Councillor Cheung 03/24/14 (O-4)
14-26. Report from the City Manager:
RE: report on pedestrian and vehicle safety improvements at the intersection of Cambridge Street and Cardinal Medeiros Avenue.
Councillor Toomey 04/07/14 (O-12)
14-28. Report from the City Manager:
RE: report on creating a master list of all residential building managers citywide.
Councillor Simmons 04/28/14 (O-4)
14-29. Report from the City Manager:
RE: report on what options exist for dedicated office space for members of the City Council.
Councillor Simmons, Councillor Cheung & Councillor Carlone 04/28/14 (O-5)
14-31. Report from the City Manager: See Mgr #1
RE: report on the possibility of installing a bus shelter on Cambridge Street in front of Millers River Senior apartments.
Councillor Toomey 04/28/14 (O-8)
14-32. Report from the City Manager:
RE: report on the feasibility of establishing an information hotline that residents can call to learn about and be connected to the social service providers in their neighborhoods.
Councillor Simmons 04/28/14 (O-10)
14-33. Report from the City Manager: See Mgr #1
RE: report on potential for continued upgrades and improvements to bus shelters across the City.
Councillor Carlone 04/28/14 (O-13)
14-36. Report from the City Manager:
RE: report on the feasibility of offering resident an online option to complete the City's annual census.
Councillor Cheung 04/28/14 (O-27)
14-39. Report from the City Manager:
RE: report on allocating an additional $140,000 annually to Cambridge and Somerville Legal Services.
Councillor Simmons, Vice Mayor Benzan & Councillor Carlone 05/05/14 (O-7)
14-40. Report from the City Manager:
RE: report on improving traffic congestion at the intersection of Upland Road and Massachusetts Avenue.
Councillor McGovern 05/19/14 (O-1)
14-43. Report from the City Manager:
RE: report on the status of relocating the Department of Public Works.
Councillor Toomey 05/19/14 (O-15)
14-44. Report from the City Manager:
RE: report on appropriating funds to hire a consultant to address problem-solving and planning issues that need to be resolved before the design process of the Grand Junction Path can begin and include money in the FY2016 budget for design funds.
Councillor Cheung 05/19/14 (O-17)
14-45. Report from the City Manager:
RE: report on how to modify the Plastic Bag Reduction Ordinance with changes to the following: fees for bags, elimination of paper bags from the ordinance, elimination of the thickness of the plastic bag in the ordinance, increasing the timeframe for implementation of the ordinance and inclusion of compostable bags in the ordinance.
Councillor Cheung 05/19/14 (O-20)
14-48. Report from the City Manager:
RE: report on the establishment of a Central Square Action Team that will be charged with recommending and helping implement strategies that will help Central Square capitalize on and enhance its designation as a Cultural District.
Councillor Simmons 06/02/14 (O-2)
14-51. Report from the City Manager:
RE: report on the potential for creating a program to enable bilingual high school students to learn language interpretation skills and to practice those skills at community meetings and events throughout the City.
Councillor Carlone, Councillor Mazen, Councillor McGovern & Councillor Cheung 06/02/14 (O-5)
14-52. Report from the City Manager:
RE: report back by at the Special City Council meeting on July 28 with recommendations for improving the design of New Street for both pedestrians and vehicles.
Councillor McGovern, Councillor Carlone & Mayor Maher 06/02/14 (O-6)
14-53. Report from the City Manager:
RE: report on working with local banks to ensure financing opportunities are available for residents wishing to purchase shares in limited equity cooperative housing and research and explore options for expanding the limited equity cooperative housing stock within Cambridge.
Councillor Mazen 06/02/14 (O-8)
14-56. Report from the City Manager:
RE: report on the status of the Cambridge Street underpass as it relates to bike safety, including surface repairs, striping of bike and travel lanes and lighting.
Councillor Kelley 06/09/14 (O-2)
14-57. Report from the City Manager:
RE: report on drafting an ordinance that would limit the sale of single-serving PET bottles of 1 liter or less and develop a task force to provide clear guidelines for this ordinance.
Councillor Cheung, Councillor Simmons, Councillor Mazen & Vice Mayor Benzan 06/09/14 (O-3)
14-58. Report from the City Manager:
RE: report on publicizing HEET's map of natural gas leaks on the city's website and that DPW notify NStar of leaks detected by HEET and schedule repairs of leak as soon as possible.
Councillor Mazen 06/09/14 (O-5)
14-59. Report from the City Manager:
RE: report on measures to improve public safety in Central Square.
Vice Mayor Benzan 06/09/14 (O-6)
14-60. Report from the City Manager:
RE: report on implementing a truck ban on Concord Avenue and the possibility of traffic calming to reduce speeds of all vehicles on Concord Avenue.
Councillor Kelley 06/09/14 (O-4)
14-61. Report from the City Manager: See Mgr #1
RE: report on feasibility of installing a bus shelter on the eastbound side of Mass Avenue at the corner of Cedar Street.
Mayor Maher 06/16/14 (O-1)
14-62. Report from the City Manager:
RE: report on ways to improve the safety of the intersection of Springfield, Cambridge, Hampshire, Inman, Antrim and Beacon Streets in Inman Square.
Councillor McGovern & Councillor Toomey 06/16/14 (O-3)