Cambridge City Council meeting - November 8, 2010 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of funds of the America's Promise grant in the amount of $1,000.00 to the Grant Fund Other Ordinary Maintenance account which will be used for the cost of food enjoyed during the award celebration held on Oct 21st in conjunction with National Lights On! Afterschool Day at MIT's Walker Memorial.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Whole Foods grant in the amount of $12,557.81 to the Grant Fund Human Service Programs Other Ordinary Maintenance account which will be used to support all eleven Community School Programs to provide scholarships to children.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of funds within the Supportive Housing Program grant awarded from the U.S. Department of Housing and Urban Development (HUD) under the Stewart B. McKinney Homeless Assistance Act. Funds in the amount of $91.00 from the Grant Fund Human Service Programs Salary and Wages account to the Grant Fund Human Service Programs Other Ordinary Maintenance account to correct an error that was made in the original appropriation of $2,913,225.00.

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the U.S. Department of Justice, Bureau of Justice Assistance (BJA) under the Local Law Enforcement Block Grant Program for $55,735 to the Grant Fund Police Department Extraordinary Expenditures account which will be used to support the department's mobile computing infrastructure through the of purchase laptop computers for police vehicles and modems.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the U.S. Department of Homeland Security under the Buffer Zone Protection Program for $194,000 to the Grant Fund Police Department Extraordinary Expenditures account which will be used to enhance the department's computer and MIS mobile computing infrastructure and other equipment to support security and risk management capabilities at critical infrastructure sites and surrounding areas within the City.

6. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the State Executive Office of Public Safety, Department of Fire Services for $187,000 to the Grant Fund Fire Department Extraordinary Expenditures account to provide funds for new and replacement equipment for the Fire Department's Hazardous Materials Response Team.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-141, regarding a report on why requests by residents to have their mail held by the Post Office were not acknowledged.

8. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to approve the application from Paul Revere Transportation, LLC d/b/a EZRide Shuttle to amend their existing route.

9. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation for the approval of a loan order in the amount of $14,535,000 as well as a vote relative to Chapter 2.110 ("City-Owned Land and Buildings".)

Nov 8, 2010

To the Honorable, the City Council:

I am recommending for your approval a loan order in the amount of $14,535,000 as well as a vote relative to Chapter 2.110 ("City-Owned Land and Buildings".)

City Council approval of these recommendations will allow for a very creative reuse of the former police station. This reuse will transform the space available for the Community Learning Center and Multi-Service Center. Additionally, the Cambridge Housing Authority will be a "partner" in this project. They will provide $1,150,000 toward the cost of architectural services, which will enable design of the project to commence immediately. Additionally, they will be a long-term rent paying tenant that will provide a revenue stream to offset the debt payments. Also, both the Community Learning Center and the Multi-Service Center will no longer have rent payments to a private landlord which will also assist in the financibility of the project.

The Massachusetts General Laws Chapter 121B, Section 23(d) authorizes the City to "establish exceptions to existing ordinances and bylaws regulating the design, construction and use of buildings" when working with the Cambridge Housing Authority.

Therefore, to the extent that Cambridge City Code, Chapter 2.110 ("City-Owned Land and Buildings") would apply to the leasing and/or redevelopment of this piece of City property, the City Council may, by vote, provide that Chapter 2.110 shall not apply. Such a vote will also allow for a more expeditious completion of this exciting project.

Passage to a second reading of the Loan Order and adoption of the order voting to exempt this project from Chapter 2.110 is strongly recommended.

Very truly yours, Robert W. Healy, City Manager

Agenda Item No. 9A     Nov 8, 2010

ORDERED: That $14,535,000 is appropriated for remodeling, reconstructing, and making extraordinary repairs to the original police station at Five Western Avenue in Central Square, including HVAC, plumbing, and electrical system improvements as well as other interior and exterior renovations, including any and all incidental costs related thereto; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $14,535,000 under Chapter 44 of the General Laws or any other enabling authority.
Passed to 2nd Reading 9-0

Agenda Item No. 9B     Nov 8, 2010

ORDERED: Pursuant to the provisions of G. L. c. 121B, § 23(d) authorizing the City to "establish exceptions to existing ordinances and bylaws regulating the design, construction and use of buildings" in order to work cooperatively with the Cambridge Housing Authority in the planning, construction and operation of a project, the City Council hereby establishes an exception to Chapter 2.110 of the Cambridge Municipal Code, to the extent that said Chapter may be applicable hereto, and orders that said Chapter shall not apply to the leasing and/or redevelopment of City property at the former Cambridge Police Department Headquarters at 5 Western Avenue, and hereby authorizes the City Manager to enter into an agreement with the Cambridge Housing Authority for the leasing and/or redevelopment of this property, as set forth in the City Manager's Nov 8, 2010 letter to the City Council.
Order Adopted 8-1 (Kelley voted NO)

ON THE TABLE
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 15 of Dec 21, 2009, regarding increasing the amount of public information about elections while the election is in progress, to the 2010-2011 City Council. [Communications and Reports from City Officers #1 of Jan 11, 2010 Placed on Table.]

2. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress. [Order Number Fourteen of Apr 26, 2010 Placed on Table. May 10, 2010 - Councillor Kelley made a motion to take from the table motion failed 2-7-0 remains on Table. Sept 13, 2010 - Councillor Kelley made a motion to take from the table motion failed 4-4-1 remains on Table. Sept 27, 2010 - Councillor Kelley made a motion to take from the table motion failed 3-5-1 remains on Table.]

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]

4. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten Of June 7, 2010 Placed on Table.]

UNFINISHED BUSINESS
5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on Sept 14, 2010 to consider a petition filed by Richard McKinnon, et al. to amend the Zoning Ordinance and Map in the North Point PUD-6 District. The question comes on passing to be ordained on or after Nov 1, 2010. Planning Board hearing held Sept 21, 2010. Petition expires Dec 13, 2010.

APPLICATIONS AND PETITIONS
1. An application was received from Super Fusion Sushi, requesting permission for an awning at the premises numbered 1759 Massachusetts Avenue. Approval has been received from Inspectional Services, Department of Public Works, Community Development, Historical Commission and abutters.

2. An application was received from Citibank, requesting permission for a sandwich board sign in front of the premises numbered 565 Massachusetts Avenue.

COMMUNICATIONS
1. A communication was received from Mary Ann Nelson, Chair, Greater Boston Sierra Club, regarding the proposed AP Partners II LLC Development in the Alewife Silver Maple Forest Floodplain, Cambridge and Belmont, MA.

2. A communication was received from Gregg Moree, regarding a job opportunity forum.

3. A communication was received from Frank A. Tramontozzi, P.E., Kendall Square Association, Inc., regarding the Broadway Roadway Reconstruction 25% Design Plan.

4. A communication was received from Moll Groom, (A) Deputy Assistant Secretary for Policy, Homeland Security, transmitting thanks for the City Council's resolution supporting the Development, Relief, and Education for Alien Minors (DREAM) Act.

5. A communication was received from Carolyn Shipley, 15 Laurel Street, regarding the status of trees in Cambridgeport.
Referred to Environment Committee - Davis

6. A communication was received from Joseph A. Connarton, Executive Director, PERAC, regarding the Appropriation for Fiscal Year 2012.
Referred to City Manager for report - Davis

RESOLUTIONS
1. Retirement of Linda Mochi from the School Department.   Mayor Maher

2. Retirement of Harold Keegan from the School Department.   Mayor Maher

3. Thanks to the Cambridge Fire Department for their participation in the Toys for Tots annual toy drive.   Councillor Cheung

4. Congratulations to the Community Charter School of Cambridge on being honored in the Harvard Crimson for their groundbreaking work.   Councillor Cheung

5. Congratulations to BiddingForGood on recently raising $100 million for schools and charities across the nation.   Councillor Cheung

6. Urge all residents to honor the veterans and the men and women currently serving our country on Veterans' Day, Nov 11, 2010.   Councillor Kelley

7. Congratulations and thanks to Ranjit Singanayagam, David Byrne and Chenier Durant of the Inspectional Services Department for representing Cambridge at the Final Action Hearings for the 2012 International Energy Conservation Code in North Carolina.   Vice Mayor Davis

8. Thanks to Harvard University, Cisco and Raytheon BBN Technologies for their collaboration and generosity to Cambridge students.   Vice Mayor Davis

9. Congratulations to Associate Justice Roderick L. Ireland on his nomination to Chief Justice of the Massachusetts Supreme Judicial Court.   Councillor Decker

10. Resolution on the death of Catherine (Flaherty) Preston.   Councillor Toomey

11. Congratulations to John Verner on being named Prosecutor of the Year by the Middlesex County Bar Association.   Mayor Maher

12. Resolution on the death of Norma P. (Fraser) Graham.   Mayor Maher

13. Congratulations to Omo Moses on being named "Greatest Person Of the Day" for Nov 6, 2010 by the Huffington Post.   Mayor Maher

14. Retirement of Wilmer Madore from the Cambridge Hospital.   Mayor Maher

15. Congratulations to Lyndell's Bakery on its 123rd anniversary in business on Dec 1, 2010.   Mayor Maher

16. Congratulations to Vice Mayor Henrietta Davis and Richard Boch on the birth of their first grandchild, Hazel Aurelia.   Mayor Maher

ORDERS
1. That the City Manager be and hereby is requested to direct the Election Commissioner to look into the discrepancies of voters being "inactive" or registered under a misspelled or wrong address.   Councillor Cheung  Amended

2. That the City Manager is requested to advise the City Council on how to facilitate a public yard sale.   Vice Mayor Davis
Withdrawn by unanimous consent - Davis

3. That the City Manager is requested to confer with the Commissioner of Inspectional Services for an inspection of the gutters on the Blessed Sacrament building.   Councillor Decker
Amended

4. That the City Manager is requested to set up a process to reach out to experts and the public in order to create a balanced panel to participate in the Sign Ordinance Task Force.   Vice Mayor Davis and Councillor Kelley
Charter Right - Davis

5. That the City Council's committee of Transportation, Traffic and Parking is requested to hold a hearing on the logistical, financial and legal constraints on allowing people to get resident permits when they garage cars in Cambridge but do not pay excise tax to Cambridge because they are not the vehicle's primary owner.   Councillor Kelley
Order Failed on a voice vote

6. That the City Manager is requested to confer with the Commissioner of Inspectional Services as to the procedure for ensuring that building and design standards are being upheld and if that procedure is indeed being followed at the Blessed Sacrament site.   Councillor Decker
Amended

7. That the City Manager is requested to confer with the Consumer Council in regard to the false pricing laws in Massachusetts.   Councillor Decker

8. That the City Manager is requested to confer with the Human Services Department about the feasibility of hosting a weekly contra dance at the West Cambridge Youth and Social Center and report back to the City Council on this matter.   Councillor Decker
Charter Right - Decker

9. That this City Council go on record recommending that Cabot, Cabot and Forbes reconsider naming Plumb House as the general contractor on the project on Fawcett Street.   Councillor Decker, Councillor Toomey and Councillor Reeves

10. That the City Manager is requested to instruct the appropriate departments to review the development by Urban Spaces LLC at the Blessed Sacrament site and confer with area residents with specific detail to the trees, landscape, gutters, drainpipes, planting, roof ventilation and balconies.   Councillor Decker
Amended

11. That the first section of the agenda for the Roundtable meeting of the City Council and School Committee be video recorded so that alumni and the greater CRLS community can view the Come Home to CRLS presentation at a later time.   Mayor Maher

12. That the City Manager is requested to confer with the Assistant City Manager for Community Development with the view of reporting to the City Council with regard to the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.   Councillor Decker

13. That the City Manager is requested to keep the City Council informed with regard to the progress of the lawsuit challenging the variance issued for the 11 Temple Street affordable housing development and any other obstructions to construction of the much needed affordable housing for families.   Councillor Decker

COMMITTEE REPORTS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Housing Committee, for a public meeting held on Aug 4, 2010 for the purpose of receiving an update from the Affordable Housing Trust.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie C. Decker, Chair of the Housing Committee, for a public meeting held on Aug 4, 2010 for the purpose of receiving an update from the Cambridge Housing Authority.

3. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee for a public meeting held on Oct 14, 2010 to discuss the digital divide and the potential for using teleconferencing in the schools.

4. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Public Safety Committee for a public meeting held on Oct 20, 2010 to discuss a report on the impact of decriminalization of marijuana possession.

MISCELLANEOUS
1. City Manager Robert W. Healy transmitting results of the bi-annual Citizens Opinion Survey for 2010.

HEARING SCHEDULE
Mon, Nov 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Nov 9
6:00pm   World Cafe Public Discussion on the future of Cambridge  (Senior Center, 806 Mass. Ave.)

Mon, Nov 15
5:30pm   Roundtable Meeting with the School Committee. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Tues, Nov 16
6:00pm   School Committee Meeting  (Sullivan Chamber)

Thurs, Nov 18
4:00pm   The Ordinance Committee will conduct a public hearing on a zoning petition submitted by William A. Fox, et al. to amend the Zoning Ordinance and Map by rezoning an area accessed via Cottage Park Avenue in North Cambridge from its current designation of Business A-2 to a new designation of Residence B. This hearing to be televised.  (Sullivan Chamber)

Mon, Nov 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 7
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, Dec 8
5:30pm   The Environment Committee will conduct a public meeting as a follow up to the meeting held to discuss trees on Sept 30, 2010. The meeting will specifically discuss the Somerville Tree Ordinance, tree replacement policy, public involvement in tree maintenance, and the Resistograph Test.  (Sullivan Chamber)

Mon, Dec 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 14
6:00pm   School Committee Budget Retreat  (Sullivan Chamber)

Mon, Dec 20
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 21
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Jan 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 4
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Jan 10
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Jan 11
6:00pm   School Committee Roundtable Meeting  (Sullivan Chamber)

Tues, Jan 18
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Jan 24
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 31
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Feb 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 8
6:00pm   School Committee Budget Retreat  (Sullivan Chamber)

Mon, Feb 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Feb 28
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Mar 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 8
6:00pm   School Committee Budget Hearing  (Sullivan Chamber)

Mon, Mar 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Mon, Mar 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 28
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Nov 8, 2010  Amended
COUNCILLOR CHEUNG
WHEREAS: It has come to the attention of the Cambridge City Council that numerous Cambridge residents when trying to vote during last week's election were told that they were labeled as "inactive" or were registered under a mispelled or wrong address; and
WHEREAS: Residents deemed "inactive" felt that they have participated recently in voting and should not have been labeled as inactive and residents told that they were registered under a wrong or misspelled address believed that they had filled out their voter registration card properly without misspelling or providing wrong address information; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Executive Director of the Election Commission to look into these matters and report back to the City Council with their findings and a course of action for improvements in these areas; and be it further
ORDERED: That the City Manager be and hereby is requested to instruct the Executive Director of the Election Commission to look into the problems with management companies of large buldings not treating the census forms appropriately.
[Note: Councillor Cheung misspelled the word "mispelled".]

O-2     Nov 8, 2010
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to advise the City Council on how to facilitate a public yard sale.

O-3     Nov 8, 2010  Amended
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that several neighbors of the Blessed Sacrament building have complained that the gutters on the building cannot adequately handle rain as evidenced by overflowing gutters during recent storms; and
WHEREAS: The overflowing gutters have had an adverse effect on neighboring property; and
WHEREAS: Neighbors have also complained that the developer, during the renovation of the Blessed Sacrament building, did not bring the gutters up to current code but instead kept the original gutters which were installed when the Blessed Sacrament building was built as a church and school; and
WHEREAS: The current building code requires greater gutter capacity than what was required when these gutters were installed, and the level of rehab done at the Blessed Sacrament project required bringing the building up to current building code standards; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Inspectional Services for an inspection of the gutters on the Blessed Sacrament building and report back to the City Council on whether the gutters are up to code and if not, what does the Inspectional Services Department plan to do to remedy this problem. Additionally, the Inspectional Services Department will consult with abutting residents prior to submitting their final assessment; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with the City Solicitor about legal action on this matter, including, inter alia, legal action by the City or referral to the Attorney General.

O-4     Nov 8, 2010  Charter Right - Davis
VICE MAYOR DAVIS
COUNCILLOR KELLEY
WHEREAS: The public dialogue to date on the city's zoning provisions related to signage has included much misinformation; and
WHEREAS: There are genuine differences of opinion about the provisions for a city sign ordinance, including concerns about commercialization and illumination; and
WHEREAS: It is now important to go forward with a transparent process that uses and disseminates accurate information to the public; now therefore be it
ORDERED: That the City Manager be and hereby is requested to set up a process to reach out to experts and the public in order to create a balanced panel to participate in the Sign Ordinance Task Force and to provide a way for the public to comment at some points in the Task Force's proceedings; and be it further
ORDERED: That the City Manager be and hereby is requested to keep the City Council informed of the process for forming the Task Force and provide a timeline for reporting to the City Council on its progress and findings.

O-5     Nov 8, 2010  Order Failed on a voice vote
COUNCILLOR KELLEY
WHEREAS: Some people are unable to register a car in their name because of financial and title limitations which require the primary owner to register the car and pay excise tax in his or her home town; and
WHEREAS: Cars owned by other people, such as parents, are often primarily used and garaged by a non-owner such as a child; and
WHEREAS: If a primary user garages a car in Cambridge but does not legally own the car or pay excise tax for it to Cambridge, that car is not eligible for a residential sticker, making ownership much less convenient; now therefore be it
ORDERED: That the City Council's committee of Transportation, Traffic and Parking be and hereby is requested to hold a hearing on the logistical, financial and legal constraints on allowing people to get resident permits when they garage cars in Cambridge but do not pay excise tax to Cambridge because they are not the vehicle's primary owner.

O-6     Nov 8, 2010  Amended
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that while there are standards for design and construction in the City that the Inspectional Services Department is charged with upholding, there are concerns that the City is not strict enough about enforcing those standards at the Blessed Sacrament site developed by Urban Spaces LLC; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Commissioner of Inspectional Services as to the procedure for ensuring that building and design standards are being upheld and if that procedure is indeed being followed; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with the City Solicitor about legal action on this matter, including, inter alia, legal action by the City or referral to the Attorney General.

O-7     Nov 8, 2010
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that it has been reported that the Radio Shack in the Fresh Pond Shopping Center marked all of its batteries at $9.99 and when a customer tried to purchase the batteries they rang in at $12.99; and
WHEREAS: It has also been reported that when the clerk was informed that the price marked on the item, not the price rung in the register, was the accurate price according to Massachusetts law, the clerk claimed that Radio Shack as an out-of-state business does not have to follow Massachusetts law regarding false pricing; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Consumer Council in regard to the false pricing laws in Massachusetts and report back to the City Council on this matter.

O-8     Nov 8, 2010  Charter Right - Decker
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that there is interest in moving a weekly contra dance on Thursdays from its location in Concord back to Cambridge to be held at the West Cambridge Youth and Social Center; and
WHEREAS: The weekly dance at this time is held in Concord which is less accessible to Cambridge residents who do not have cars; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Human Services Department about the feasibility of hosting a weekly contra dance at the West Cambridge Youth and Social Center and report back to the City Council on this matter.

O-9     Nov 8, 2010
COUNCILLOR DECKER
COUNCILLOR TOOMEY
COUNCILLOR REEVES
WHEREAS: Cabot, Cabot and Forbes (hence: CC and F) is a nationally known developer; and
WHEREAS: CC and F is developing a 240 unit site on Fawcett Street in Cambridge; and
WHEREAS: CC and F has awarded Plumb House a general contractor with a history of not meeting community standards regarding wages and benefits build the project; and
WHEREAS: Plumb House agreed to abide by community standards in Malden and failed to abide by that commitment; and
WHEREAS: While the Council is supportive of the development of new housing it should not come at the cost of short changing workers wages and benefits that meet community standards particularly when there is an opportunity to employ local workers; and
WHEREAS: Plumb House has a history of bringing in its own workers and not utilizing the skill of local workers; it would be a lost opportunity for a project on this scale to not employ local skilled workers; and
WHEREAS: Plumb House does not conform or acknowledge community standards with regards to wages and benefits; and
WHEREAS: Cambridge is a community that does observe these standards; now therefore be it
RESOLVED: That this City Council go on record recommending that CC and F reconsider the award and advertise the project to bidders that acknowledge and observe these standards; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Cabot, Cabot and Forbes on behalf of the entire City Council.

O-10     Nov 8, 2010  Amended
COUNCILLOR DECKER
WHEREAS: To date area residents of the Blessed Sacrament Development site do not believe that agreements between them and Urban Spaces LLC about trees, landscape, gutters, drainpipes, planting, roof ventilation, and balconies have been upheld; now therefore be it
ORDERED: That the City Manager be and hereby is requested to instruct the appropriate departments to review the development by Urban Spaces LLC at the Blessed Sacrament site and confer with area residents with specific detail to the trees, landscape, gutters, drainpipes, planting, roof ventilation and balconies and to hold the developer accountable to ensure agreements made between developer and area residents are being upheld; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with the City Solicitor about legal action on this matter, including, inter alia, legal action by the City or referral to the Attorney General.

O-11     Nov 8, 2010
MAYOR MAHER
WHEREAS: There will be a Roundtable meeting of the City Council and School Committee on Mon, Nov 15, 2010 from 5:30pm-8:30pm in the Sullivan Chamber; and
WHEREAS: There will be three sections to the agenda. The first portion will be a presentation of the Come Home to CRLS initiative. The second portion will be an update on the CRLS construction. The third portion will include information about the School Committee and the CPS Administration Planning Process followed by discussion between the City Council and School Committee about the work to date; now therefore be it
ORDERED: That the first section of the agenda be video recorded so that alumni and the greater CRLS community can view the Come Home to CRLS presentation at a later time.

O-12     Nov 8, 2010
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development with the view of reporting to the City Council with regard to the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.

O-13     Nov 8, 2010
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to keep the City Council informed with regard to the progress of the lawsuit challenging the variance issued for the 11 Temple Street affordable housing development and any other obstructions to construction of the much needed affordable housing for families.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Housing Committee held a public hearing on Aug 4, 2010 beginning at ten o'clock and twenty minutes A.M. in the Ackermann Room for the purpose of receiving an update from the Affordable Housing Trust.

Present at the hearing were Councillor Marjorie C. Decker, Chair of the Committee; Vice Mayor Henrietta Davis; and D. Margaret Drury, City Clerk. Also present were Robert W. Healy, City Manager and Chair of the Affordable Housing Trust; Anna Dolmath, Housing Planner, Community Development Department (CDD); Cassie Arnaud, Housing Planner/Acting Director of Housing, CDD; Linda Prosnitz, Housing Planner, CDD; Susan Schlesinger, Affordable Housing Trust; Gregory Russ, Executive Director, Cambridge Housing Authority (CHA); Michael Haran, CASCAP/Affordable Housing Trust; Peter Graham, Director of Housing, Just A Start; John J. Woods, Deputy Director of Planning and Development, CHA; Terry Dumas, Director of Planning and Development, CHA; Gordon Gottsche, Executive Director, Just A Start; Hatch Sterritt, tenant, Squirrel Brand building; Mary Platt, Federal Management Company for Fresh Pond Apartments.

Councillor Decker convened the hearing and explained the purpose. She emphasized her support for affordable housing in Cambridge and her concern for expiring use issues (the potential loss of affordable housing through the expiration of affordability requirements tied to federal and state use restrictions based on mortgages that will be terminating). Councillor Decker told those present that she is very interested in hearing their ideas about what the City Council can do to support the work of the trust. She invited Mr. Healy to begin the presentation. Mr. Healy began with an overview of the work of the AHT and distributed material depicting and summarizing the projects to which the AHT has provided financial assistance (Attachment A). The summaries include the type of housing (rental or ownership) the amount of AHT/CPA (Community Preservation Act) funds provided by the AHT and the amount of additional funding leveraged by the Trust funding.

He introduced Cassie Arnaud to provide details of the projects and funding for some of the most recent projects. Ms. Arnaud described the two most recently completed projects, the Print shop Condos at 125-127 Harvey Street and the 823 Main Street Condos. Ms. Arnaud stated that the Print Shop Condos, which consist of 24 new affordable homeowner ship units which Cascap built on the site of a former printing facility. The project utilized $3,080,000 of AHT/CPA funds, which leveraged an additional $8 million of funding. The new building will be LEED certified. Ms. Arnaud reported that Just-A-Start developed the 823 Main Street Condos, 10 new affordable homeownership units, the only affordable housing project to date to receive a Platinum LEED certification. The project utilized $1 million in Trust/CPA funds which leveraged an additional $3.2.

Ms Arnaud highlighted the assistance provided by AHT/CPA for rental projects currently in progress, which include HRI's 40-unit affordable rental project on Putnam Avenue in a former pharmaceutical research and development building and the almost complete Cambridge Housing Authority rehabilitation for Jackson Gardens and Lincoln Way.

Ms. Schlesinger emphasized that the Affordable Housing Trust has been consistent in its priorities of family housing and special needs (including homelessness) housing and opportunistic in encouraging flexibility in sites and in adjusting to the changes in the myriad funding programs and sources that must be pieced together to pay for affordable housing. She stated that over 500 units are at risk of losing their affordability protections over the next ten years. She added that, unlike the previous time when Cambridge faced the threat of the expiration of affordability requirements for at least 2,000 units of affordable housing, there is absolutely no federal funding allocated to preserving the affordability of units at risk. Ms. Schlesinger said that the most important thing that the City Council can do for affordable housing is to continue to make the development and preservation of affordable housing one of its top priorities.

Councillor Decker noted that she has been hearing more concern from some neighborhoods in the eastern part of the city about the failure to put affordable housing in all neighborhoods across the city. It would be helpful for the City Council to have tours to see the affordable housing that has been developed with their support and to see how much it can add to a neighborhood.

Ms. Schlesinger agreed that the City Council can be proud of the quality and design of affordable housing projects in Cambridge. She said that if the City Council is serious about putting affordable housing developments in areas like Brattle Street, the Council needs to rezone areas like Brattle Street, which is currently zoned as a very restrictive Residence A District. Mr. Healy added that the argument that all affordable housing developments are sited in poor neighborhoods is disingenuous; zoning is the major barrier to placement in many of the Cambridge neighborhoods where affordable housing opponents claim that the housing developments should be located.

Ms. Schlesinger said that Cambridge has the best inclusionary zoning ordinance in the state. One of its major strengths is a clear priority for provision of onsite units over "buyout" cash to provide money to build affordable units elsewhere. The result of this priority is that affordable units are spread out all over the city in whatever new market-rate residential housing is built, and under the provisions of the law they are built to exactly the same standards as the rest of the units in the building.

Ms. Rono said that the members of the AHT could provide more public information that shows that there really are affordable housing units all over the city.

Councillor Decker said that the City Council and the residents need to have more data about why Cambridge still needs affordable housing, and how many Cambridge residents are struggling to stay in Cambridge. Supporters of affordable housing also need the hard data and facts to counter the false assertion that the 80-10-10 split of CPA funds keeps Cambridge from acquiring and preserving open space. Councillor Decker expressed her grave concern with respect to political fear mongering regarding poor people and "those people" who live in affordable housing.

Vice Mayor Davis noted the recent amendment to the MXD zoning in Kendall Square. The petitioners sought to return the parcel slated for housing to commercial use. The City Council adopted a zoning amendment that allowed additional FAR to build the commercial building on the 200,000 sq. ft. lot, but required 200,000 of residential development somewhere else in the MXD district and provided for significant monetary compensation to the Affordable Housing Trust for delay or noncompliance with the housing development requirement. A good principle for the City Council to incorporate into zoning mitigation discussions is that if the zoning change removes the potential for the construction of housing in that area, there should be monetary compensation sufficient to replace the potential for housing elsewhere.

Councillor Decker said that in the Boston Properties zoning amendment proceedings, the City Council did not have enough information about what would have been enough money to achieve that kind of mitigation. This is an area in which the Trust and CDD staff could be very helpful. She submitted the following motion:
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development with the view of reporting to the City Council with regard to the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.

The motion passed without objection.

Mr. Haran said that having done affordable housing development in Cambridge since 1977, he can remember countless times when up to 150 people showed up at public hearings opposed to the particular project. Now, all these years later, after the projects have been built, there are no complaints. He said that the construction at Neville Manor is a good example. There was huge opposition to constructing the assisted living units there, but the City Council still supported the development because it was a real public benefit, and now, not only are there no complaints about it, it is a source of civic pride.

Councillor Decker said that it is important for the entire City Council to hear what Mr. Haran said about the Neville Project and the many other projects where there was strong public opposition at the beginning and then once the project was built and the anticipated problems did not materialize, the opposition disappeared. Vice Mayor Davis said that it is always very helpful for the City Council to hear about successful projects that started out with significant public concern and fear and are now just part of the neighborhood. She added that it is also helpful to hear support for affordable housing from people whom the City Council does not hear from very often, such as members of the nonprofit boards and residents of the affordable housing,

Councillor Decker said that she met with tenants at Fresh Pond Apartments on Rindge Avenue recently. The tenants are worried about the expiring use in that building, and she would like to have more information for them about what could be done. Ms. Arnaud said that the Fresh Pond affordable housing use limitation expires in 2020. HRI is actually talking to some of the owners already. There can be lots of cost savings and other advantages for owners who make a deal while the property is still subject to the use limitation for a significant period. The problem for keeping the Cambridge expiring use buildings as affordable housing is that almost any of the Cambridge buildings would have a much greater value without the use limitation. The City is keeping an eye on the Fresh Pond situation and funding CEOC to do outreach in the building. Other expiring use buildings in Cambridge include the Cast development on Columbia Street, the building at the corner of Prospect and Cambridge Street in Inman Square and Cambridge Court.

Ms. Schlesinger said that the State Legislature just passed MGL Ch 40T which provides a right of purchase running to the state or municipality at market value for expiring use projects that are being marketed for sale. She added that Representative Barney Frank is trying to get a bill passed with resources to keep expiring use projects affordable.

Councillor Decker said that she would like to see more communication between the AHT and the City Council, as well as some tours for the City Council to see some of Cambridge's prize-winning affordable housing developments. She thanked those present for their attendance and participation. The meeting was adjourned at eleven o'clock and fifteen minutes a.m.

For the Committee,
Councillor Marjorie C. Decker, Chair

Committee Report #2
The Housing Committee held a public hearing on Aug 4, 2010 beginning at eleven o'clock and twenty minutes A.M. in the Ackermann Room for the purpose of receiving an update from the Cambridge Housing Authority.

Present at the hearing were Councillor Marjorie C. Decker, Chair of the Committee; Vice Mayor Henrietta Davis; and D. Margaret Drury, City Clerk. Also present were Robert W. Healy, City Manager; Gregory Russ, Cambridge Housing Authority (CHA); John J. Woods, Deputy Director of Planning and Development (CHA); Terry Dumas, Director of Planning and Development (CHA); Anna Dolmath, Housing Planner, Community Development Department (CDD); Cassie Arnaud, Housing Planner/Acting Director of Housing, (CDD); and Linda Prosnitz, Housing Planner, (CDD).

Councillor Decker convened the hearing and explained the purpose. She invited Mr. Russ to begin the CHA presentation. Mr. Russ provided the following documents for the record:
* ARRA (federal stimulus funds) Obligations as of 6/30/10 (Attachment A)
* CHA FY2011 Capital Plan by Funding Sources (Attachment B)
* FY 2011 MTW (Moving to Work) Annual Plan (153 pages, on file in the Clerk's Office

Mr. Russ stated that the much-needed replacement of 60 existing units with 70 new units at Lincoln Way and the rehabilitation at Jackson Gardens could not have been done without the funds provided by the Affordable Housing Trust (AHT). The AHT provided $7.16 million of Trust/CPA permanent funds. This funding commitment enabled the CHA to leverage more than $50 million in additional financing for this project.

Mr. Russ then reported on the ARRA grants that the CHA successfully pursued (see Attachment A). He said the CHA has used ARRA funds in the Lincoln Way/Jackson Gardens rehab. He said that with the LBJ comprehensive modernization, the CHA established a template for measuring the economic impact on the local economy. The CHA has received $66 million in ARRA funding. The total will be about $109 million. The economic impact indicator shows $136 million of local economic activity associated with the project.

Thereafter Mr. Russ reviewed the progress that the CHA has been making with regard to its capital plan. Part of the plan involves transferring projects from state to federal ownership. The goal is to transfer as many of the state properties as possible, because the operating subsidies paid by the state do not cover the maintenance costs of the housing or capital repairs. The funds are not sufficient to enable the CHA to borrow money to do the necessary capital repairs and pay back the loan from a portion of operating expense money.

Mr. Russ said that he hopes that the CHA will be able to federalize the Manning senior housing next year. That building can be a poster child for the cost savings that investments in energy saving improvements can bring about. The second phase of the capital improvement plan will include fixing the leaks at Millers River, and the last phase will focus on the state-owned portion of Jefferson Park. The CHA does not believe that the buildings can be saved; it will be planned as demolition and reconstruction. Mr. Russ said that they are taking a great deal of care to make sure that the transition to federal housing does not adversely impact any tenants.

Councillor Decker asked about the expected timeline. Ms. Dumas said that the CHA is taking steps to get their applications in the pipeline for tax credit funds from the state Department of Housing and Community Development. They plan to start working with the neighbors in the fall. Many tenants will need to be relocated during the rehab. Mr. Russ said that he is committed to using some of the funds for expiring use units, which would involve converting some vouchers to "sticky" vouchers. The CHA is employing 25 tenants as construction coordinators. The CHA is holding a job fair in the fall.

With regard to the aging in place issues that are the subject of increased conversation in Cambridge, Mr. Russ said that the CHA has established supported service floors in Millers River and LBJ so that elders can stay in their building and neighborhood.

Mr. Russ then reported on the status of CHA new construction projects. The Temple Street Apartments is a permitted project for 42 new affordable family rental units on the site of the Cambridge YWCA's pool building in Central Square. The abutters, Elaine Cohen and Judge Arnold Ginsberg are challenging the issuance of the variance. They have appealed every step of the way where there was an opportunity to appeal. Councillor Decker made the following motion:
ORDERED: That the City Manager be and hereby is requested to keep the City Council informed with regard to the progress of the lawsuit challenging the variance issued for the 11 Temple Street affordable housing development and any other obstructions to construction of the much needed affordable housing for families.

The motion passed without objection.

Mr. Russ noted plans for other new developments including 78-80 Porter Road, a 26 unit building in Porter Square, which will be transitioned to affordable housing, and the old Cantabrigia Nursing Home on Prospect Street. He also described plans for significant energy saving upgrades in several CHA projects, including installation of solar panels and systems where feasible.

Councillor Decker asked the City Manager for an update on the plans for relocation of the CHA offices, the Multi-Service Center and the Community Learning Center to the former police station in Central Square. Mr. Healy said that his team is close to completing the financial analysis and they believe that the model will work. He said that the issue will come to the City Council for adoption of a loan order as soon as it is clear that the project will work. Councillor Decker said that the synergy of uses in that building will be great. Mr. Russ said that he is very pleased about the possibility of having so nearby two of the agencies with which the CHA works on a regular basis.

Councillor Decker thanked all present for their attendance and participation. The meeting was adjourned at 12 noon.

For the Committee,
Councillor Marjorie C. Decker, Chair

Committee Report #3
The Cable TV, Telecommunications and Public Utilities Committee held a meeting on Thurs, Oct 14, 2010 at five o'clock and thirty-three minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss the digital divide and the potential for using teleconferencing in the schools.

Present at the meeting were Vice Mayor Henrietta Davis, Chair of the Committee; Councillor Leland Cheung; Councillor Sam Seidel; Ellen Semonoff, Assistant City Manager for Human Services; Mary Hart, IT Director; Linda Turner, IT Project Manager; Susan Fleishmann, Nicole Belanger, CCTV; Hassen Rasmed, CCTV/ACT; Steve Swanger, Cambridge Housing Authority; and Steve Smith, Cambridge Technical Officer, School Department; Penny Peters; and Deputy City Clerk Donna P. Lopez.

Also present was Tim Plenk and Saul Tannenbaum; interested parents; Elie Kobek, Founder, SkillShare, 69R Gore Street; and Ginny Berkowitz, RSTA Media Arts.

Vice Mayor Davis opened the meeting and stated the purpose: an update on the Digital Divide Pilot Program at Newtowne Court and any progress made. She asked Ms. Semonoff to provide the update.

Ms. Semonoff stated that CCTV and the CHA would report on some of the questions and that CCTV would discuss the current state of the program. Mr. Swanger, CHA, would discuss the two programs at the CHA. The network aspect would be discussed by CCTV.

Ms. Semonoff stated that the most successful part of the pilot program has been the collaboration with RSTA and the youth involvement in the call center and equipment refurbishment. A surprise from the pilot evaluation was the amount of training the participants would like to receive. At this time Ms. Fleishmann gave an overview of the pilot program.

Ms. Fleishmann stated that in 2006 wireless internet was installed at Newtowne Court to provide internet access and the program was overseen by CCTV. The city donated 50 computers that were refurbished by RSTA students. Thirty-five families requested the computers. $50,000 was allotted by the City for the pilot with an additional $15,000 for an upgrade to the network in 2009. $10,000 of that went to CCTV. This was a great workshop for RSTA students. Ms. Fleishmann stated that CCTV does not have the funding to monitor the network now. There are some reports that the network service is spotty. Nodes were installed in hallways. Routers are being turned off which creates slow service. The report shows that there are between 900-1000 network uses per month. This represents 400 users of which four were digital divide computers. She stated that massive amounts of data are being downloaded and this could be why the system is slow. CCTV has no resources to do the monitoring. Ms. Fleishmann suggested taking back the nodes from homes. She suggests leaving hardware acquisition to individuals with tech support, training and ongoing maintenance provided. The committee now heard from Mr. Swanger from the CHA.

Mr. Swanger informed the committee that the CHA was delighted with the pilot program. The CHA applied for funding for two projects. In July 2009 the computer labs were closed due to lack of funding. HUD funding but was eliminated. There is no computer class, but Workforce students still use the computers.

ARRA funding was used to open two computer centers at 119 Windsor Street and at Jefferson Park. A third center was opened at Roosevelt Towers. No classes are offered at Roosevelt Towers although the lab is used by Pathways and other programs. Mr. Swanger went on to say that WIFI is offered at three CHA developments. He spoke of the on-going long term renovation of CHA properties. Jackson Gardens and Lincoln Way will be fully wired for cable during the renovation. WIFI installation in the developments is also being discussed with the consultant. But after development renovation costs there is no money for WIFI installation. There is an interest in providing internet and WIFI in all CHA developments in the future. There is good attendance in the two open computer labs. Mr. Swanger stated that he wished more could be done. He asked if the Community Learning Center could provide technical assistance and training. It was of no surprise to him that residents requested more training. The vision was that the computer classes would lead to employment and more computer training, but this did not happen. He informed the committee that introductory computer classes are offered at the computer labs. Persons trained in teaching adults are better for doing training than computer staff.

Councillor Cheung asked what the cost for the internet and WIFI is. Mr. Swanger stated that he did not know the dollar amount. Ms. Semonoff stated that the hardware, terminals, hiring network manager and broadband use cost $1.7 million. Vice Mayor Davis asked the cost to install WIFI in new CHA projects. Mr. Swanger stated that he could get the information from the first renovation project.

Vice Mayor Davis stated that a CHA building in North Cambridge has a free drop in service. Mary Hart responded that all the libraries have free drop-in service as well.

Ms. Semonoff stated that the focus of the pilot program was to provide access for housing developments. The CHA wrote the proposal and included training. Federal funding was sought. Mr. Swanger explained some of the issues faced: CHA has only one technical IT person and his job is to support CHA staff. There are not a lot of internal resources at the CHA.

Councillor Seidel asked if the CHA capital improvement funding is part of this discussion. Mr. Swanger responded that the CHA is wiring Lincoln Way and Jackson Garden and is looking into whether WIFI could be added.

At six o'clock and ten minutes p. m. Vice Mayor Davis opened the meeting to public comment.

Tim Plenk stated that he thought the goal was to wire all CHA developments. Ms. Hart commented that WIFI did not take off as expected-there are no successful in any cities. He suggested asking Comcast to provide free internet subscriptions. Ms. Fleishmann responded that this could be requested but it is taken out of the total funding amount. Vice Mayor Davis stated that a meeting should be held to receive an update on Comcast.

Mr. Tannenbaum stated that it is important for all CHA residents to receive cheaper internet service. This means making the CHA developments Comcast ready. He spoke about residential internet and Ethernet jacks. There are many ways to go about this. Think about sustainability, he said. It is easier to establish a pilot, but there is an infrastructure that requires maintenance, consultants and requires resources. Mr. Tannenbaum stated that the City is putting more information on the web and the digital divide participants have trouble getting access to the web. Service needs to be made available to people who have disabilities or those who do not have equipment.

Ellie Kobek expressed her concerns. There are people who are not physically able to use computers or people who choose not to use them. She informed the committee that it is uncomfortable for her to use a computer as she is legally blind. She spoke about the downside of being forced to use a computer for information from emails and the web. She noted that more greenhouse gases are produced, causing health, social and environmental harm. She distributed a handout about the environmental, social and health harm (ATTACHMENT A).

Councillor Cheung stated that not all search engines are created equal. Google, he said, is located next to a power plant.

Vice Mayor Davis reiterated the issues as:
Advocating for the CHA to have wireless connection;
Access to information policies;
Capacity;
Budget;
Ways to create this wiring;
Collaborate with high tech company and
What is the need?

Ms. Semonoff discussed the data collected from 6th, 7th, and 8th grade students three years ago. Eighty-eight percent of middle school students had computer access and were able to get on the internet. Fifty percent of high school students live in CHA developments. The pilot plan was to give out fifty computers; however only thirty-five computers were given out. A question exists about how big the digital divide gap is.

Mary Hart explained that the report described by CCTV about data being downloaded included information on smart phones. There were three public nodes established with the Cambridge public internet pilot. It was built and people came. Acquisition of the devices was left up to the individual. The library has a large WIFI use and Comcast provides a free drop in connection there. Mr. Swanger stated that it is difficult to acquire the data on CHA residents who have access to a computer. A satisfaction survey done by CHA residents revealed that sixty-two percent of the residents did not have internet connection.

Vice Mayor Davis stated that she would have another meeting to revisit the issue of need, wiring budget and access for disabled persons.

Nicole Belanger, CCTV, stated that next steps need to be discussed. Additional technical support is needed. She asked what type of information should be offered to CHA tenants. Ms. Hart informed the committee that the IT Department does not monitor the equipment. There is always a need for technical support and resources. Mr. Swanger stated that his impression of the pilot program is that it is a fragile system. If equipment is moved, access is unavailable. Ms. Fleishmann stated that it is a "line of sight" issue.

Ms. Hart stated that the "mesh" network installed in 2006 would not be used today. At the library downloading of information is monitored. CCTV needs to monitor downloading of data. Councillor Cheung commented that a need exists, other than a volunteer corps, to monitor this issue.

Vice Mayor Davis stated that another meeting will be held to brainstorm problem solving of issues.

At six o'clock and forty minutes p. m. Vice Mayor Davis opened the meeting to discuss the teleconferencing at the School Department.

Steve Smith, CTO, School Department described the donation of teleconferencing equipment from Cisco TelePresence to the School Department. Teleconferencing has been non-existent in the schools. Two mobile units, using an Internet 2 Network connection, were chosen by the School Department because of the renovation work being done at the high school. The equipment donated by Cisco TelePresence was received three weeks ago. Harvard University developed the equipment and is partnering with the Cambridge and Boston public schools to allow the two cities to use the most advanced network. Mr. Smith informed the committee that the Smithsonian holds teleconferencing events. How it is to be used needs to be determined. This equipment will enable Cambridge students to teleconference world-wide. The biggest issue will be scheduling. Planning has to be done far enough ahead to fit teleconferencing into the curriculum.

Vice Mayor Davis acknowledged that the City Council should thank Harvard University and Cisco TelePresence for this donation. She stated that this equipment could be used to discuss all types of issues. She cited some instances for use such as communications with sister cities, the El Salvador relationship and an international sustainable campus. Vice Mayor Davis stated that this equipment would be an opportunity to think about creative uses to teleconference with the Harlem Children's zone to eliminate the need to travel to New York.

Mr. Smith stated that Comcast is connected to the Internet2 and this connection is used to access educational institutions. He further stated that in order for this equipment to be used the equipment must also be available at both sites.

Vice Mayor Davis thanked all attendees.

The meeting adjourned at six o' clock and fifty-five minutes p. m.

For the Committee,
Vice Mayor Henrietta Davis, Chair

Committee Report #4
The Public Safety Committee held a public meeting on Wed, Oct 20, 2010 at six o'clock and six minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss a report on the impact of decriminalization of marijuana possession.

Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee; Councillor Leland Cheung; Councillor Sam Seidel; Kelly Downes, Legal Counsel, Police Department; Deputy Superintendent Paul Ames; Lieutenant Leonard DiPietro, Youth and Family Services, Police Department; John Silva, School Department; and Deputy City Clerk Donna P. Lopez.

Also present were Attorney Steven Epstein and Michael Crawford, MassCann/NORML; Terry Canavan, 125 Portland Street; Emily Curran, RN, MGH Institute of Health Professionals; Marian Ryan, MDAO; Nadia Zaffar, Michail Vafeiadis, Colleen Shaughnessy, D.S. Debakshi, Ogba Onyekachi, and Lily Wang, Emerson College students; Judith Scott, Tufts University student; and Shannon Young, BU student.

Councillor Simmons convened the meeting and explained the purpose. She announced that recording devices would be used at this meeting. She explained that Councillor Kelley had submitted order number eleven on Aug 2, 2010 that requested that the City Manager confer with the Police Commissioner and report back to the City Council on how the decriminalization of marijuana possession has impacted the Cambridge police. This report was transmitted by the City Manager to the City Council on Sept 13, 2010 together with two proposed ordinance amendments. One proposed amendment would prohibit the smoking of marijuana in public places (ATTACHMENT A) and the second would impose a non-criminal offense of $200 refusing to give to the police officer their true name and address (ATTACHMENT B). Enforcement efforts are more challenging because serious drug dealers are often recreational marijuana users. The two ordinances would allow for the collection of necessary intelligence to assist in monitoring the drug trade in Cambridge and will aid in preventing drug or gang related violence. This report was referred to the Public Safety Committee. The purpose of this meeting is to have a robust conversation about the proposed ordinances and to discuss whether the ordinances need to be adopted, amended or refuse adoption. A report of this meeting will be forwarded to the full City Council. Councillor Simmons asked for a brief overview from the Police Department on the report.

Ms. Kelly Downes, Legal Counsel, Police Department, explained that in January 2009 a new law went into effect that made possession of an ounce or less of marijuana a civil offense and subject to a fine of $100 and forfeiture of the marijuana. She further added that if a juvenile under eighteen is cited in addition to the fine parental notification is required. The juvenile must also participate in a drug awareness program. It is still a criminal offense, subject to arrest without a warrant to possess marijuana greater than an ounce.

Councillor Simmons asked what the penalties are. Ms. Downes responded the penalty for one ounce or less is $100; for juvenile it is $100 and drug awareness program. She added that if the juvenile fine is not paid the parents can be fined $1,000.

Ms. Downs continued by discussing the two proposed ordinances. The first ordinance entitled "Prohibition of Smoking Marijuana in Public Places" was modeled after the Consumption of Alcoholic Beverages ordinance. It imposes a $300 non-criminal disposition fine. The second proposed ordinance would impose a non-criminal disposition fine of $200, pursuant to Chapter 40 Section 21D MGL for failure of a person to give their true name and address for possession of one ounce or less of marijuana.

Deputy Superintendent Ames described the issues they are experiencing. There is increased public consumption of marijuana seen by the Police. The law has no teeth because offenders are failing to identify themselves. There are more complaints being received by the Police Department from residents who see marijuana being smoked. Police are concerned with the effect this new law is having on schools.

Lieutenant DiPietro further explained the issues. The drug awareness program that is mandatory if a juvenile offenders is caught with an ounce or less to participate in a program is not funded by the state. There is an increase in marijuana use with youth. In 2009 there were 5 non-criminal citations issued with 18 issued in 2010. There is an increase in the use of marijuana in both youth and adults. He reported that the Teen Health Survey revealed the following:
Increase in use of marijuana;
Youth think it is not illegal to smoke marijuana and
More violence if marijuana used.

Internal use of marijuana leads to disciplinary measures. The youth are selling marijuana. In 2009 there were 24 incidents of possession with intent to distribute and in 2010 there are currently 24 with the remainder of the year to go. Judges are interpreting the law as they see fit; there is no uniformity. Less than one ounce is being distributed but is not being charged as a criminal offense. Police do not want to be punitive; they want to be preventive. Marijuana is a gateway drug. He is concerned with the increase in violence associated with marijuana. The MIAA imposes disciplinary actions for drug, alcohol and tobacco. Ms. Downes stated that public consumption of marijuana carried public health and safety risks and allowed cities to issue non-criminal disposition fines. It is unclear what the consequence is if the fine is not paid. There is a grey area regarding additional fines that can be imposed. Criminal contempt is a punitive measure and is not used to enforce payment of a fine.

John Silva explained the School Department Policy for possession. A student could be suspended for 5-10 days for possession of non controlled substance. For controlled substance an expulsion hearing is scheduled for the first offense. Parents of students in K-12 are required to sign an acknowledgement of School policy. A 10 day suspension is given to 7-12 students; an 8 day suspension for 5-6 grade students. There is a more cavalier attitude by younger students regarding the use of marijuana. There is a four percent increase in overall marijuana use at school. There is no drug awareness program at school, he said. Students are never expelled; there is an alternative school.

Councillor Cheung asked how many complaints have the Police Department received on this matter. Deputy Superintendent Ames stated that he did not have the numbers; it is incidental statistics. Councillor Cheung asked if there is any example of violence exhibited in Cambridge. Lieutenant DiPietro stated that violence was reported in the teen health survey by the youth. The youth stated that they were becoming more violent while using marijuana. Ms. Downes stated that marijuana is a more potent drug than it used to be. There are battles over turf and leads to serious violence. Elderly residents are concerned for their safety because of drug use.

Councillor Seidel asked that Ms. Downes to explain the process of identifying oneself to the police. Ms. Downes informed the committee that if a person refuses to give a police officer their true name and address it is an arrest able offense. Deputy Superintendent Ames added that the police are at a disadvantage if a person refuses to give their name because the police cannot enforce the law. This proposed ordinance gives the police a little more enforcement power.

Councillor Seidel asked if a fine is given what is done with this information. Ms. Downes responded that no record keeping is done; this is a civil violation. There if no centralized record. There are more enforcement powers with a parking ticket than with the marijuana law.

The committee heard from Michael Crawford, President, MassCann/NORML, stated that the use of marijuana has increased nationally. He asked how the increase in the fine took the profitability out of the sales of marijuana. He stated that fines or arrest do not change marijuana use. He felt that education does work. As a youth the Massachusetts Interscholastic Athletic Association (MIAA) regulations kept him away from marijuana. He expressed his concern with the $400 fine. He asked if there is a criminal record if the fine is not paid. He commented that no one is getting shot over the use of alcohol or tobacco.

Attorney Steven Epstein, Founder, MassCann/NORML, stated that the law was passed by an initiative petition. Cambridge was one of the five highest municipalities that passed the law. He supported the diversion program. Drug offenses on campuses are reported to the Police Department. He did not feel sure about the statement that students were feeling more violent. If juvenile judges are dismissing these cases then the District Attorney is failing by not appealing these cases. He stated that 2/3 of the marijuana possession charges prior to 2009 were a result of a traffic stop so they had to identify themselves. Only the hardened criminal has false identification. He suggested filing claims in small claims procedure to collect fine. This allows twenty-one days to pay the fine. If unpaid it is a default. Of the 350 cities and towns in Massachusetts, eighty have imposed an ordinance. Attorney Epstein stated that he wanted the offenders cited, not parents. Get the kids into a diversion program. It is not helpful to anyone when the media informs the public that they do not have to give their name. He hoped that the law would be changed to make marijuana legal. He was opposed to Cambridge increase the fine.

Councillor Cheung asked of the eighty cities and towns is the law the same as Cambridge. Attorney Epstein responded that some cities and towns in Massachusetts adopted Attorney General Coakley's version of the law. This imposes a $300 fine. A discussion ensured about whether the use is up or down. Attorney Epstein stated that a one-year analysis does not make a trend. He stated that there is no law in Cambridge that requires a dog owner to identify themselves if they fail to pick up the dog's feces.

At seven o'clock and forty minutes p. m. Councillor Simmons opened the meeting to public comment.

Terry Canavan, 125 Portland Street stated that she was pro-decriminalization. She stated that drugs were always present in the school. She feared her child could be arrested if at a party someone used marijuana. She supported the diversion program. The law in Massachusetts was changed by the voters and imposed a fine of $100. She is stunned by the focus on money. The number one killer is heroin. Alcohol is 100% more dangerous than marijuana, she stated. She is concerned about profiling and the comments made regarding complaints from public housing residents. She is opposed to the fine increase.

Councillor Simmons stated that this issue raised more questions. She wanted the School Department Policy on marijuana.** She wanted to review the public consumption of alcoholic beverages ordinance. She would also like the AG Coakley's version of the marijuana law. Councillor Simmons stated that another hearing would be held inviting the School Committee, the universities, families and all other individuals who might find this an important discussion.

Councillor Simmons thanked all those present for their attendance.

The meeting adjourned at seven o'clock and fifty-eight minutes p.m.

For the Committee,
Councillor E. Denise Simmons, Chair

**Relevant section of the School Department policy was obtain after the meeting and is attached to this report.

AWAITING REPORT LIST
10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)

10-56. Report from the City Manager:
RE: report on the adoption of a regulation to prohibit licensed hotels from subcontracting housekeeping services.
Councillor Decker, Councillor Cheung, Mayor Maher, Councillor Toomey, Councillor Reeves and Full Membership 04/05/10 (O-16)

10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)

10-63. Report from the City Manager:
RE: report on instituting a program similar to the on-bill financing of business and residential building improvements.
Councillor Cheung 04/26/10 (O-8)

10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)

10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)

10-115. Report from the City Manager:
RE: report on the courts ruling in favor of the plaintiffs at 303 Third Street and the impact on affordable housing units in the building.
Councillor Toomey and Full Membership 08/02/10 (O-10)

10-118. Report from the City Manager:
RE: report on issues related to scooters and any changes to ordinances or regulations on scooter use and parking.
Councillor Kelley and Full Membership 08/02/10 (O-23)

10-119. Report from the City Manager:
RE: report on long-term plans for the building and associated open space located at 116 Norfolk Street.
Councillor Seidel and Full Membership 08/02/10 (O-24)

10-120. Report from the City Manager:
RE: report on feasibility and enforceability of implementing the provisions of House Bill 3371 which increases certain motor vehicle fines to improve driving.
Councillor Seidel and Full Membership 08/02/10 (O-25)

10-121. Report from the City Manager:
RE: report on discussions about the future of the Cambridge Health Alliance.
Councillor Decker, Councillor Cheung, Councillor Reeves and Full Membership 08/02/10 (O-27)

10-122. Report from the City Manager:
RE: report on the closing of the Teen Health Center and report quarterly on service changes and other matters related to the future of the Cambridge Health Alliance.
Councillor Decker, Councillor Cheung and Full Membership 08/02/10 (O-28)

10-127. Report from the City Manager:
RE: report on nature of the improvements along the Grand Junction. Councillor Toomey referred back to City Manager for additional information on 10/25/10.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 09/13/10 (O-5)

10-129. Report from the City Manager:
RE: report on the MBTA bus #47 not stopping for people waiting at the bus stops.
Vice Mayor Davis, Councillor Cheung and Full Membership 09/13/10 (O-7)

10-130. Report from the City Manager:
RE: report on the status of installing community gardens at Riverside Press Park.
Vice Mayor Davis and Full Membership 09/13/10 (O-11)

10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)

10-134. Report from the City Manager:
RE: report on reducing energy consumption by way of deleting and/or limiting email storage.
Councillor Decker and Full Membership 09/13/10 (O-15)

10-135. Report from the City Manager:
RE: report on the possibility of working with the NSTAR/OPower project.
Vice Mayor Davis and Full Membership 09/27/10 (O-1)

10-138. Report from the City Manager:
RE: report on the feasibility of adding historical sub-signs to street signs and the possibility of commemorating the 200th anniversary of the War of 1812 with street sub-signs.
Vice Mayor Davis, Councillor Cheung, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 09/27/10 (O-6)

10-140. Report from the City Manager:
RE: report on safety policies and procedures in place to monitor the maintenance of natural gas pipelines in the City.
Councillor Seidel and Full Membership 09/27/10 (O-10)

10-141. Report from the City Manager:  See Mgr #7
RE: report on why requests by residents to have their mail held by the Post Office were not acknowledged.
Councillor Decker and Full Membership 09/27/10 (O-12)

10-143. Report from the City Manager:
RE: report on the allowable uses for the No. Cambridge Catholic High School site and on the number of residential dwelling units that could be developed in this property.
Mayor Maher & Councillor Decker 09/27/10 (O-14)

10-144. Report from the City Manager:
RE: report on installing a crosswalk and stop signs on Kinnaird Street between Western Avenue and Putnam Avenue.
Councillor Toomey, Mayor Maher, Councillor Cheung & Councillor Seidel 09/27/10 (O-15)

10-145. Report from the City Manager:
RE: report on providing additional bicycle parking at CRLS and the Main Library.
Councillor Kelley 09/27/10 (O-18)

10-147. Report from the City Manager:
RE: report on playground safety issues at the Cambridgeport School playground.
Councillor Seidel and Full Membership 10/04/10 (O-3)

10-148. Report from the City Manager:
RE: report on the status of Sennott Park, including how the space is scheduled by organized groups and the landscaping costs and upkeep.
Councillor Seidel and Full Membership 10/04/10 (O-4)

10-150. Report from the City Manager:
RE: report on the possibility of Cambridge participating in the Bixi bike-sharing program.
Councillor Cheung and Full Membership 10/04/10 (O-6)

10-151. Report from the City Manager:
RE: report on how the transition of the Grand Junction Railroad to Commuter Rail traffic could impede the implementation of the Grand Junction Rail Trail. Councillor Toomey referred back for additional information on 10/25/10.
Councillor Toomey and Full Membership 10/04/10 (O-7)

10-152. Report from the City Manager:
RE: report on whether there is language in the noise ordinance that allows enforcement of loud car radios.
Councillor Decker and Full Membership 10/04/10 (O-8)

10-153. Report from the City Manager:
RE: report on the feasibility of banning smoking in public parks and other public places.
Councillor Decker and Full Membership 10/04/10 (O-9)

10-154. Report from the City Manager:
RE: report on the new food allergy guidelines and what impact it will have on the food industry in Cambridge.
Councillor Decker and Full Membership 10/04/10 (O-10)

10-155. Report from the City Manager:
RE: report on the process for discussing the report "Missed Opportunities Shared Responsibility" throughout the community and ensuring community groups have ample opportunity to discuss the report.
Councillor Decker 10/04/10 (O-12)

10-158. Report from the City Manager:
RE: report on repairing the brick sidewalk in front of 149 Hancock Street.
Councillor Reeves and Full Membership 10/18/10 (O-6)

10-159. Report from the City Manager:
RE: report on repairing the broken play structures at Hurley Street Tot Lot.
Councillor Toomey and Full Membership 10/18/10 (O-11)

10-161. Report from the City Manager:
RE: report on whether the grass in front of the library and at Sennott Pocket Park is being overwatered.
Councillor Cheung and Full Membership 10/25/10 (O-5)

10-162. Report from the City Manager:
RE: report on the condition of the large trees in front of the old Main Library.
Councillor Cheung and Full Membership 10/25/10 (O-6)

10-163. Report from the City Manager:
RE: report on multiple questions concerning trees that come out of the Environment Committee meeting of 9/30/2010.
Vice Mayor Davis 10/25/10 (O-11)

10-165. Report from the City Manager:
RE: report on ways the City can work with the MAPC on opportunities related to the $4 million grant award to the MAPC on behalf of the Metro Boston Consortium for Sustainable Communities.
Councillor Seidel and Full Membership 11/01/10 (O-3)

10-166. Report from the City Manager:
RE: report on increasing public use at the War Memorial Recreation Center.
Councillor Reeves and Full Membership 11/01/10 (O-6)

10-167. Report from the City Manager:
RE: report on assisting neighbors as the No. Cambridge Catholic school site project proceeds and report on how the Table of Uses impact the development by special permit or variance in a Residence B District.
Vice Mayor Davis, Mayor Maher & Councillor Decker 11/01/10 (O-7)