Cambridge City Council meeting - December 21, 2020

CITY MANAGER'S AGENDA
1. A communication transmitted from Louis A. DePasquale, City Manager, relative to a COVID-19 update.
Placed on File 8-0-1 (Simmons ABSENT)

2. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-44, regarding a Vaccine Task Force.
Placed on File 8-0-1 (Simmons ABSENT)

3. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of the Low Income Home Energy Assistance Program grant in the amount of $716,596 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth’s Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account ($127,864.50), and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($588,731.50) which will provide funds for the operation of the Low Income Home Energy Assistance Program serving Cambridge and Somerville.
Order Adopted 9-0

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to a Surveillance Technology Impact Report relative to the Munis Tax Modules, which is software suite that contains several tax modules (Real Estate, Personal Property, MV Excise, and Boat) as well as provides access to the MA environmental police registration database.
Report Accepted, Placed on File 9-0

11. A communication transmitted from Louis A. DePasquale, City Manager, relative to the following requests relative to the eminent domain taking of 185 Larch Road: 1. Appropriate $7,702,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the property located at 185 Larch Road owned by BB&N; 2. Approve an Order to take by eminent domain a 185 Larch Road; and 3. Appropriate $10,798,000 from Free Cash to the General Fund Law Department Travel & Training (Damages) Account to fund the settlement of BB&N’s remaining eminent domain damages claim.
Three Orders Adopted 8-1 (Toomey - NO)

Dec 21, 2020
To the Honorable, the City Council:

I am writing to recommend that the City Council approve an Order to take by eminent domain a parcel of land, consisting of approximately 4 acres, located at 185 Larch Road (as shown on Assessors Map 248, Parcel 79), owned by Buckingham Browne and Nichols School (BB&N) and known as Buckingham Field that is currently used as a playing field by BB&N. Pursuant to Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, it is provided that the City Council may take in fee in the name of the City of Cambridge for any municipal purpose any land within the limits of the City not already appropriated for public use.

For several decades the City Council has been asking City Managers to actively pursue opportunities to acquire and increase access to open space for all residents. Unfortunately, this goal has been very difficult to achieve due to the lack of availability of land suitable for open space use in Cambridge. Due to this, when BB&N expressed interest in selling Buckingham Field, we aggressively pursued this opportunity to acquire additional open space in Cambridge.

Therefore, I am pleased to present this to you and I strongly recommend that the City take advantage of this unique opportunity to acquire land currently being used as athletic fields to increase the City’s open space. BB&N is interested in selling Buckingham Field to the City, and has expressed a strong preference for its continued use as open space for future generations of Cantabrigians, and I recommend using the eminent domain process for what is called a “friendly taking” as the means to acquire this property from BB&N.

I also recommend that the City Council appropriate funds for the acquisition of Buckingham Field, as set forth in detail below.

Background

BB&N is in the process of acquiring land in Watertown to consolidate its athletic playing fields.

This transaction is expected to be executed in January 2021. BB&N is purchasing approximately 6 acres in Watertown to consolidate its athletic complex and is therefore making Buckingham Field available to the City for purchase. As stated above, the ability to purchase approximately 4 acres of open space within the City is a rare opportunity. This property is situated across Fresh Pond Parkway from the Water Treatment Facility and Kingsley Park, and is a short distance from the Tobin School complex.

Buckingham Brown and Nichols has offered to sell this parcel to the City (via the proposed friendly eminent domain taking) at a reduced sales price of $18.5 million which is below what they might expect to receive in a competitive sale environment. As part of our preliminary conversations about this potential sale, BB&N has indicated that it would like to retain the possible use of this athletic field for up to 3 years while its new athletic complex is being developed. Assuming that BB&N uses the athletic field during this three year period, BB&N will compensate the City for the continued use, and the compensation to the City would be the following: Year 1 - $0; Year 2 - $100,000 and; Year 3 - $200,000, for a total of $300,000. At this time, the City will pay $18.2 million and if BB&N does not use the field, the City will pay up to the remaining $300,000 of the $18.5 total purchase price. BB&N has indicated that the athletic field would be available for use by the City at the conclusion of BB&N’s school year in the months of June, July and August for athletic uses, and for use by the City for School programs as well as other mutually agreeable programs at mutually agreeable times during the school year throughout the proposed 3-year option period. The City has agreed to work with BB&N to make available for BB&N’s use City playing fields and tennis courts if not in use by the City during the transition.

Excluding the golf course, there are approximately 265 acres of city-owned public open space in Cambridge, including parks, athletic fields and school playgrounds. The City’s total land area is 6.26 square miles or 4,006 acres. Demand for open space in the city continues to be extremely high. This is especially true since Cambridge is one of the most densely populated cities in the country, and estimated population growth City-wide over the past decade has generally outpaced the expansion of public open spaces. Further, increasing the amount of open space in Cambridge is especially challenging because of an extremely limited amount of undeveloped private land, as well as typically very high costs to acquire land in the City. It is extremely important to explore, and when feasible act on, every opportunity to add to the City’s open space network, especially during these difficult times as a result of COVID-19.

Process

As noted earlier, BB&N is expecting to close on their new property in Watertown in January 2021 and needs the City to complete the eminent domain proceeding and pay the proceeds to BB&N prior to the Watertown purchase. If the City chooses to move forward with this purchase, funds need to be appropriated, and the purchase and sale of this property must be executed and completed by early January 2021.

The City intends to acquire this property through what is commonly referred to as a “friendly taking.” A friendly taking describes the use of the statutory eminent domain procedure to acquire a property that an owner seeks to sell to the City. This property is already being valued below market value because the owner is a charitable educational organization that is tax exempt due to the charitable use of the property under Massachusetts Law, so the purchase price allowed pursuant to law is substantially lower than fair market value would be. The assessed valued for this property has remained at $6,161,600 for the past three plus years. This assessed value does not represent the property’s current fair market value as tax exempt properties are only reviewed during the revaluation which occurs once every five years. The true indication of the current fair market-rate value of this property has been estimated by a highly qualified appraiser retained by the City Solicitor. The appraiser Steven R. Foster, MAI of Lincoln Property Company has determined that the fair market value of the property at its highest and best use, which is characterized as residential use, is $20,000,000. The City’s Director of Assessment Gayle Willett has reviewed the Foster appraisal as an additional examination to ensure that the appraised value represents the current market rate value of the property. The City would pay the amount allowed by law as a pro tanto to BB&N. A pro tanto is an initial payment that the property owner can accept without prejudice to its right to bring a claim for the full amount of damages that it asserts is due. Under the law, the property owner has the right to challenge the amount of the pro tanto payment in a legal proceeding and could seek to persuade a court that it is entitled to the current fair market value of the property. The eminent domain procedure allows the City to exceed the limits that G.L. c.40, §14 and G.L. c.43, §30 impose on the purchase price of a property (which limit the purchase price that the City may pay to the average of the three prior years’ assessed value plus a 25% increase) after an owner of land taken by eminent domain has sought damages for the remainder of the fair market value or purchase price of the property.

The City intends, subject to the City Council’s approval, to pay the remainder of the purchase price of $18,500,000 through settlement of an eminent domain damages claim-this is why this type of transaction is referred to as a “friendly taking.” I will initiate a settlement of any such claim with the property owner if the City Council votes to approve the appropriation of the pro tanto, authorizes the taking of this property by eminent domain, and appropriates funds to settle the damages claim.

As an overview, some of the steps in this process to satisfy legal requirements include:

1. The City has retained an appraiser, Steven R. Foster, MAI of Lincoln Property Company, who performed and evaluated a required independent appraisal of the property;

2. The City has received a First American Title Insurance Company Title Commitment issued by one of the company’s agents, the law firm of Marsh, Moriarty, Ontell & Golder, P.C., who performed a full title examination of the property;

3. The City Council must vote to approve the Appropriation Order in the amount of $7,702,000 to appropriate funds from Free Cash to pay the pro tanto, as set forth above and below;

4. The City Council must, by a two-thirds vote, vote to approve the Order of Taking; and

5. The City Council must vote to approve the Appropriation Order in the amount of $10,798,000 to appropriate funds from Free Cash to settle the eminent domain damages claim and pay the remainder of the purchase price of $18,500,000, which will enable the City to acquire the property and thereby resolve BB&N’s damages claim.

Requests for Appropriation

I am hereby requesting an appropriation in the amount of $7,702,000 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to cover the pro tanto payment toward the expenses of acquisition as required by the above referenced Sections of Chapters 40 and 43 of the General Laws for the property located at 185 Larch Road owned by BB&N.

After the City Council votes on the Appropriation Order to fund the pro tanto payment and votes by a two-third vote on the Order of Taking, I am also hereby requesting that the City Council vote to approve the second Appropriation Order to appropriate funds in the amount of $10,798,000 from Free Cash to the General Fund Law Department Travel and Training (Judgement and Damages) Account to fund the settlement of BB&N’s remaining eminent domain damages claim.

I strongly recommend that the City Council approve this unique opportunity to acquire a parcel of 4 acres presently used as open space and vote to approve the Orders of Taking and Appropriation of funds. However, if in future years the City Council may want the option of using this property for other municipal purposes, I have fashioned the Order of Taking to indicate that the land is taken for open space use or any other municipal uses or purposes.

Very truly yours,
Louis A. DePasquale
City Manager

Agenda Item 11B Dec 21, 2020

ORDER OF TAKING

WHEREAS: By Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the General Laws, all as amended, it is provided that the Cambridge City Council may take in fee in the name of the City for any municipal purpose any land within the limits of the City not already appropriated for public use; and

WHEREAS: The City Manager of Cambridge and City Council, in order to provide for open space or any other municipal purposes, have approved and authorized that the City should under the provisions of the aforesaid Chapters of the General Laws take and hold for open space or any other municipal purposes the parcel of land located at 185 Larch Road, Cambridge, County of Middlesex, Massachusetts as hereinafter bounded and described and any buildings and trees thereon; and

WHEREAS: An appropriation duly made by the City Council on December 21, 2020, is sufficient to cover the estimated pro tanto expenses of acquisition as required by the aforesaid Sections of Chapters 40 and 43;

WHEREAS: by virtue of and in pursuance of the authority conferred by said Chapters of the General Laws and by every other power and authority it thereto enabling, the City of Cambridge by its City Council does hereby take the land located at 185 Larch Road, Cambridge, County of Middlesex, Massachusetts and hereinafter described, and all privileges and appurtenances thereto belonging as well as all trees and all structures thereon, excepting any easement of record, for open space or any other municipal purposes and for all purposes and uses accessory thereto. Intending to take and hereby taking in fee simple all land, excepting any easement of record, included within such description by whomsoever the same may be owned, vis:

Three parcels of land in Cambridge shown as Lots A, B and C on a plan by E. F. Bowker, C.E., dated November 6, 1905, recorded with Middlesex South District Deeds, Plan Book 157, Plan 45, and together bounded and described as follows:

Westerly by Larch Road by two lines, one hundred eighty (180) feet and one hundred thirty and 46/100 (130.46) feet, respectively;

Northwesterly by Wyeth Terrace by two lines, two hundred forty-seven and 41/100 (247.41) feet and one hundred seventy-three and 43/100 (173.43) feet, respectively;

Northeasterly by land now or formerly of the Curling Club, Corcoran, Gibson, Gardner, Stone, Xavier, and of Demmon heirs, six hundred thirty and 25/100 (630.25) feet;

Southerly by land now or formerly of Rice and Niles and of F. P. Fish by two lines, one hundred fifty-nine and 69/100 (159.69) feet and two hundred ninety-three and 29/100 (293.29) feet, respectively.

Excepting therefrom the above-described premises is that portion taken in fee by the Commonwealth of Massachusetts acting by and through its Department of Public Works for the layout and construction of a traffic artery (Layout No. 2557) (Fresh Pond Parkway), dated May 1, 1929 and recorded at Book 5354, Page 342, as confirmed by deed from The Buckingham School to the Commonwealth of Massachusetts, acting by and through its Department of Public Works, dated July 2, 1929 and recorded at Book 5377, Page 2, containing an 11,104 square foot parcel of land as shown on Plan 533 of 1929.

Note that Wyeth Terrace is now part of Fresh Pond Parkway.

For title to said parcel of land see Middlesex South Registry of Deeds Book 9840, Page 141.

The pro tanto damages awarded with respect to said Parcel of Land are seven million and seven hundred and two thousand ($7,702,000) Dollars and the supposed owner is Buckingham Browne & Nichols School.

NOW THEREFORE BE IT

ORDERED: The taking of fee simple title in the Parcel of Land, excepting any easement of record, along with all buildings and trees thereon herein described is hereby authorized in accordance with General Laws, Chapter 40, Section 14, Chapter 43, Section 30 and Chapter 79, all as amended for open space or any other municipal purposes and for all purposes and uses accessory thereto.

13. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $1,400,000 from Free Cash to the General Fund Law Travel and Training (Judgment and Damages) account to cover current and future disbursements that must be paid from this account.
Late Order Adopted 6-2-0-1 (Sobrinho-Wheeler, Siddiqui - NO; Nolan - PRESENT) after Executive Session for appropriation of $1.4 million for unspecified purposes

UNFINISHED BUSINESS
1. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-108, regarding a report on offering early voting in City Council and School Committee Elections. [PENDING RESPONSE FROM LEGISLATURE]

2. The City Manager be and hereby is requested to confer with the City of Cambridge Law Department to review the above changes to the language of the Domestic Partnerships Ordinance and report back to the Council. [PASSED TO A SECOND READING IN COUNCIL JULY 27, 2020. TO BE ORDAINED ON OR AFTER SEPT 14, 2020] See Mgr #2

3. A Zoning Petition has been received from BMR–Third LLC c/o BioMed Realty, L.P. regarding a Zoning Amendment Petition for a new Planned Unit Development PUD District CDK. [PASSED TO A SECOND READING AS AMENDED ON NOV 30, 2020. TO BE ORDAINED ON OR AFTER DEC 21, 2020.] See Mgr #10, #11
Ordained 9-0 as Amended; Letter of Commitment incorporated

COMMUNICATIONS
1. A communication was received from Young Kim, regarding alternate plan for 2072 Mass Ave. as a holistic revitalization project.

2. A communication was received from Young Kim, regarding continued 2072 Mass Ave. Comprehensive permit case.

3. A communication was received from Young Kim, regarding alternate plac for 2072 Mass. Ave. project time line.

4. A communication was received from Mike Johnson, regarding alternate plan for 2072 Mass. Ave. as a holistic revitalization project.

5. A communication was received from Jessica Bozek, regarding plea to keep schools open.

7. A communication was received from Adam Wallin, regarding Cambridge's climate initiative.

8. A communication was received from Young Kim, 17 Norris Street, regarding an alternative 2072 Mass. Avenue plan.

9. A communication was received from Marilee Meyer, 10 Dana Street, regarding support of the Harvard Square Conservation District amendments.

10. A communication was received from Suzanne Blier, 5 Fuller Place, regarding Policy Order #4, Committee Report #1, Committee Report #4, and City Manager's Agenda #8.

RESOLUTIONS
1. Congratulations to Mary Grassi for receiving the National Association of Federal Education Program Administrator’s (NAFEPA) State Leadership Award. Councillor Toomey

6. Thanking Joya for Fundraising for Food for Free. Mayor Siddiqui, Vice Mayor Mallon

7. Thanking Rep. Robert A. DeLeo for his many years of dedicated service. Councillor Toomey
Failed of Adoption 3-3-0-3 (Mallon, McGovern, Toomey - YES; Sobrinho-Wheeler, Zondervan, Siddiqui - NO; Carlone, Nolan, Simmons - PRESENT)

8. Congratulating Maria Dominguez Gray. Councillor Nolan, Mayor Siddiqui, Vice Mayor Mallon

ORDERS
1. That the Cambridge City Council calls upon the Animal Legal Defense Fund management to respect the democratic choice of its workers by, without delay, voluntarily recognizing ALDF United and bargaining a contract with ALDF United that reflects the core values of ALDF – compassion, innovation, balance, justice, commitment, and integrity – and that seeks to create a workplace that is anti-racist, cooperative, equitable, inclusive, just, respectful, and transparent. Councillor McGovern
Order Adopted 9-0

2. Policy Order re Covid-19 Vaccines. Councillor Simmons, Mayor Siddiqui, Councillor Carlone, Vice Mayor Mallon
Charter Right - Zondervan

3. That the City Manager be and hereby is requested to work with the appropriate City personnel to establish a waiver for low-income individuals utilizing the Covid-19 vaccine if the vaccine would otherwise cost money to access. Councillor Simmons
Order Adopted as Amended 9-0

4. That the City Manager and DCR explore the feasibility of keeping Riverbend Park open beyond Dec 27, 2020. Councillor Sobrinho-Wheeler, Councillor Nolan, Mayor Siddiqui, Councillor Zondervan
Order Adopted 9-0

B. That the Order Establishing the Harvard Square Conservation District, adopted by the City Council on Dec 18, 2000 is hereby amended. Councillor Carlone
Order Adopted 9-0

C. That Chapter 2.78, Article III, Section 2.78.150 of the Cambridge Municipal Code, entitled “Definitions for Article III” be amended. Councillor Carlone
Passed to 2nd Reading 9-0

WHEREAS: The Ordinance Committee met on October 21, 2020 to conduct a public hearing on the 2020 Harvard Square Conservation District Study Committee Report, and

WHEREAS: The Committee voted to refer a policy order to the full City Council to amend an “Order establishing the Harvard Square Conservation District” adopted December 18, 2000 by substitution with the language in appendix B of the report; Now therefore be it

ORDERED: That the Order Establishing the Harvard Square Conservation District, adopted by the City Council on December 18, 2000 is hereby amended as follows:

Article III, “Statement of Goals and Guidelines and Standards for Review,” is struck in its entirety and replaced by the following:

The Goal of the District and of this Order is to protect the Harvard Square Conservation District’s distinctive physical and experiential characteristics and to enhance the livability and vital ity of the District. The Historical Commission should seek to enhance the unique physical environment and visual form of the District; preserve its architecturally and historically significant structures and their settings; encourage creative design that contributes to the richness of its environment; mitigate character-diminishing impacts of new development; and discourage homogeneity by encouraging diversity of development and open space patterns and building scales and ages. The District must remain a pedestrian-friendly, accessible, human-scale, quirky, mixed-use environment that supports dynamic urban experiences, complements nearby neighborhoods, and respects the history and traditions of its location.

The following Secondary Goals for the District are intended to provide general guidance in a wide variety of situations, and are not intended to be applied to every project. They are statements of policy, not prescriptive measures that must be applied equally in each situation.

1. Significant Buildings. Preserve historically or architecturally significant buildings and structures as well as those that contribute to the distinctive visual character or historical significance of the District.

2. Sustain the vitality of the commercial environment. Sustain the vitality of the commercial environment while preserving architecturally-significant or original building fabric at street level and above. Encourage the restoration of missing features where these have been documented. Except for protected storefronts, encourage creative contemporary commercial design inside the restored framework of storefront openings. Encourage creative signage. Support below-grade commercial spaces where appropriate. Regardless of use, encourage architectural solutions that preserve storefront fabric, transparency, and utility.

3. Contemporary Design. Where context allows, support creative, contemporary design for new construction that complements the context of abutting buildings and enhances the character of the subdistrict. Recognize and respect well-reasoned contemporary design during the review process. Support innovative approaches to enhancing the unique character of Harvard Square while mitigating the detrimental impacts of development on proximate areas.

4. Diversity of Form. Build on and sustain the diversity of existing building form, scale and material. Preserve and encourage appropriate green spaces, scale-appropriate open spaces, and new buildings that support the prevailing character of the subdistrict. Preserve the remaining wood frame buildings throughout the District. Maintain a consistent setback or streetwall condition where that character has been set. Support small-scale storefronts to preserve the vitality and character of the streetscape.

5. Public Environment. Create a high-quality public environment in the District with compatible materials, lighting, signage, and street furniture such as bollards, benches, moveable seating, and the like. Provide adequate facilities for trash and recycling and surfaces that can be cleaned and maintained. Encourage planted greenspaces and accommodate trees where possible.

6. Pedestrian Experience. Protect and enhance the pedestrian experience. Expand the network of pedestrian walkways and paths wherever they can conveniently provide alternate routes through the District. Increase public access to alleys and interior spaces where appropriate and upgrade the paving and landscaping of such spaces. Enhance accessibility and safety for pedestrians throughout the District.

7. Residential Development. Enhance the all-hours neighborhood quality of Harvard Square by supporting existing residential uses and encouraging additional residential units in mixed-use buildings.

8. Compatible Design. Encourage compatible design that supports a wide diversity of uses serving the needs of surrounding neighborhoods, students, workers and visitors from around the world.

9. Transportation. Encourage creative solutions to the District’s transportation issues by providing balanced accommodations for through and local traffic, cyclists, and pedestrians. Promote smooth movement of traffic on through streets and seek creative design and management solutions for side streets where traffic volume and speeds can be regulated to give highest priority to pedestrians. Provide adequate bicycle parking throughout the District. Protect pedestrian safety and experience through careful design and placement of features such as loading docks, curb cuts, and receptacles for trash and recycling. Encourage replacement of surface parking lots with compatible new structures. Discourage provision of on-site parking for new construction.

10. Environmental Sustainability. Encourage environmentally sustainable development that takes into consideration the embodied energy of the existing built environment, material life cycles, passive design, energy conservation, and current standards for best energy conservation practices. Alterations to existing buildings that seek to promote energy conservation should be accomplished in a manner that respects character-defining materials and designs.

11. Architectural lighting. Architectural (building façade) lighting, streetscape lighting, and signage lighting, when allowed by a Certificate of Appropriateness, should reinforce definitive characteristics of historic and contemporary architecture as well as create high quality 24-hour streetscapes. To achieve these goals, projects should minimize brightness, and light trespass, monitor light color (temperature Kelvin), and focus lighting on significant features.

The foregoing goals also recite the standards for preservation and change within the District. In addition to the factors specified in Section 2.78.220, and subject to any specific provisions of this Order, in exercising its authority with respect to the District and in considering applications for certificates of appropriateness, hardship, or nonapplicability, the Historical Commission shall be guided by the preceding general goal for the District as a whole and by such of the preceding secondary goals as it determines to be applicable to the project or situation before it.

The Historical Commission shall also be guided by the standards and guidelines described in the “Final Report of the Harvard Square Neighborhood Conservation District Study Committee,” dated November 29, 2000, as amended by the “Final Report of the 2017-19 Harvard Square Conservation District Study Committee,” which after public hearing the Historical Commission may adopt as regulations and thereafter amend from time to time.

In addition, the Historical Commission and project proponents shall consider the amended goals and guidelines specific to each of the seven subdistricts that make up the Harvard Square Conservation District. The subdistrict goals and guidelines describe the physical and historical development of each area over time, identify notable buildings and spaces, and set forth preservation priorities and recommendations for each sub-district.

As permitted by Chapter 2.78.190.B, the Historical Commission may determine from time to time after public hearing that certain categories of exterior architectural features, structures, or signs may be altered without review by the Commission; provided, however, that every such alteration shall be determined by the Executive Director of the Historical Commission to conform to the regulations adopted by the Commission for the administration of the District.

2. A communication was received from Paula Crane, Deputy City Clerk, transmitting a report from Councillor Nolan, Chair of the Neighborhood and Long Term Planning, Public Facilities, Arts and Celebration Committee, for a public hearing held on Oct 14, 2020 to discuss the process for conducting the feasibility study for municipal broadband and the Request for Proposal.
Report Accepted, Placed on File 9-0

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Mayor Siddiqui, communicating information from the School Committee.
Placed on File 9-0

HEARING SCHEDULE (until further notice – via Zoom and TV)
Mon, Dec 21
5:30pm City Council Meeting (Sullivan Chamber)

Tues, Jan 5
5:30pm The Ordinance Committee will conduct a public hearing to continue discussion of the KSURP Zoning Ordinance Amendment petition.

Wed, Jan 6
5:00pm The Public Safety Committee will meet to conduct a public hearing on the Cambridge Police Department inventory list. (Sullivan Chamber)

Wed, Jan 13
2:00pm Economic Development & University Relations Committee will meet to discuss the proposed Vacant Storefront Policy, and other strategies to address vacant storefronts in Cambridge. (Sullivan Chamber)

TEXT OF COMMITTEE REPORTS
Committee Report #1
Date: Wed, Oct 21, 2020 2:00pm Sullivan Chamber
Present: Carlone, Mallon, McGovern, Nolan, Siddiqui, Simmons (late), Sobrinho-Wheeler, Zondervan
Absent: Toomey

The Ordinance Committee will conduct a public hearing on the Harvard Square Conservation District Study Committee Report.

Councillor Carlone called the meeting to order. He opened the floor to Charles Sullivan, Director of the Historical Commission, to present the findings of the Harvard Conservation district Study report.

Mr. Sullivan explained that Cambridge adopted Massachusetts general law chapter 40 in 1963 and enacted the first historic districts in 1964, including Harvard Yard. In the mid-1970s, the city adopted zoning amendments that encouraged townhouse construction in residential districts. This caused a strong neighborhood reaction. The city developed the concept of neighborhood conservation districts as an alternative to historic districts that would be a more flexible level of regulation that could be adopted to the particular circumstances in each neighborhood in which they might be applied.

In 1997, the council directed the Historical Commission to establish a study committee and consider a historic district under state statute for Harvard Square. In 2000, the committee recommended and the city council adopted the Harvard Square Conservation District.

In 2017, the city manager appointed a study committee to take a fresh look at conditions in Harvard Square district and at the administration of the district. The committee met for two years. The study committee consisted of seven members, three members of the Historical Commission and four members from the community. Anyone who applied but was not chosen for this appointment was invited to join the Study Committee and, also that any member of the public who wanted to join, and a number of people did on the in the front of our study report, there's a list on page on the back of the second page of the regular participants who far outnumber the appointed members of the Study Committee. So the measures that are before the council or before the ordinance committee are to consider a an amended statement of goals and secondary goals and amended guidelines for demolition, construction and alterations.

Maintaining the commercial vitality of the district is a very strong and important primary goal. The discussion of the of the Study Committee focused on refining those goals to provide better guidance for the concept for the historic commission as it administers the conservation district and better guidance to provide clearer expectations for applicants and residents of the district.

Councillor Carlone opened the floor to public comment

Denise Jillson, 2203 Massachusetts Avenue, stated that the meetings were respectful, productive, lively civil, occasionally passionate. The meetings represented perspectives and interests from across a wide spectrum of professional backgrounds and community involvement. The guidelines and procedures outlined in this report will help rebuild, restore, repurpose, and rejuvenate Harvard Square. The Harvard Square Business Association, overwhelming support for this report.

John DiGiovanni, 50 Church Street, stated that this Conservation District did its work in the last 20 years, and really helping the physical characteristics of Harvard Square. He spoke in support of the report.

Frank Kramer, 7 Avon Street, read from a letter that he submitted to the City Council in support of the report.

Marilee Meyer, 10 Dana Street, spoke in support of the Harvard Square of the district study. Members of the business association, Neighborhood Association, architects, artists and city officials all ultimately agreed with the guidelines put forward.

Suzanne Blier, 5 Fuller Place, spoke in support of the study. As a conservation district, Harvard Square displays a rich diversity of architecture, an eclectic mix of historic and contemporary.

Motion to close public comment by Vice Mayor
Result: Passed 7-0-2 (McGovern, Toomey – ABSENT)

Councillor Carlone opened the floor to questions from the committee.

In response to a question from Councillor Zondervan about zoning districts and conservation district, Mr. Sullivan stated that the overlapping district do not present an administrative issue.

In response to a question from Councillor Nolan about the recommendations in the report, Mr. Sullivan stated that the amendment to the order to the ordinance that was recommend, allows consideration of architectural lighting as exterior change. That issue of architectural lighting is one that has never been resolved.

Vice Mayor Mallon stated that this process seemed to work well and she asked if this is the standard practice within the Conservation District study guidelines to have this type of inclusive process.

Mr. Sullivan stated that this process worked well. He stated that past study committee were more rigidly structured and depended more on the appointed members. The city wanted to make sure that all of the interest groups were given an equal place at the table.

In response to a question from Vice Mayor Mallon about diversity on the study committee, Mr. Sullivan stated that the city cast a fairly broad net, asking for people to nominate themselves for consideration for appointment. He stated that no minorities applied.

Vice Mayor Mallon encouraged the city to work hard a recruiting diverse candidates for future committees.

In response to a question from Vice Mayor Mallon about the relocation of significant building, Mr. Sullivan stated that the Historic Commission works with applicants to help guide applications to success. In response to a question from Councillor Sobrinho-Wheeler about the roles of the National Historic Register in this process, Mr. Sullivan stated that properties on the register can be demolished or altered unless federal funding is involved. Projects like that are fairly rare and far between. All of Harvard Square is a national register district. The only place of overlap with a conservation district is in Mid-Cambridge, where the binding review of projects applies to buildings that are on the National Register.

Councillor Carlone stated that he believed that the study group process was very well done.

Councillor Nolan stated that she supported moving this report forward.

Councillor Simmons stated that the City must to work harder to expand the representation of diverse groups on city committees.

Councillor Carlone moved refer the report to the full City Council with a favorable recommendation.
Result: Passed 8-0-1 (Toomey ABSENT)

Councillor Carlone moved to refer a policy order to the full City Council to amend an order establishing the Harvard Square Conservation District adopted Dec 18, 2000 by substitution with the language and appendix B.
Result: Passed 8-0-1 (Toomey ABSENT)

Councillor Carlone moved to refer a policy Order the full City Council to amend Chapter 2.78 article three, establishment of neighborhood conservation districts and protected landmarks with the language in Appendix C.
Result: Passed 8-0-1 (Toomey ABSENT)

Vice Mayor Mallon moved to adjourn.
Result: Passed 8-0-1 (Toomey ABSENT)

1. A communication transmitted from Louis A. DePasquale, City Manager, relative to the Harvard Square Conservation District Study Committee report.
Result: Referred to the full City Council with a favorable recommendation.

Date: February 18, 2020
To: Louis A. DePasquale, City Manager
From: Charles M. Sullivan, Executive Director
Re: Harvard Square Conservation District Study Committee report

Attached please find the Final Report of the 2017-2019 Harvard Square Conservation District Study Committee dated December 31, 2019. On December 5 the Cambridge Historical Commission voted unanimously to support the recommendations of the Study Committee. Additionally, the Planning Board reviewed the recommendations at its December 17 meeting and offered positive comments though it did not take a formal vote.

The Study Committee was appointed in August 2017 and met regularly through July 2019. The Committee’s recommendations focus on refinements to the goals and guidelines of the district and matters of jurisdiction. The report concludes with a proposed amendment to the Order establishing the district with revised goals, guidelines, and standards for review. The report also repeats the recommendation of the 2000 Committee that the Harvard Square Conservation District Goals and Guidelines be incorporated into the Harvard Square Overlay District.

Please contact me with any questions.

2. A communication was received from Marilee Meyer,10 Dana Street, regarding the Harvard Square Conservation District Report.

3. A communication was received from Denise Jillson, Executive Director, Harvard Square Business Association , regarding the Harvard Square Conservation District Report.

4. A communication was received from Suzanne Preston Blier, 5 Fuller Place, regarding the Harvard Square Conservation District study report.

Committee Report #2
The Neighborhood & Long-Term Planning; Public Facilities, Arts and Celebrations Committee held a public hearing on Wed, Oct 14, 2020 at 2:00pm in the Sullivan Chamber to discuss the process for conducting the feasibility study for municipal broadband and the Request for Proposal.

Present at the hearing were Councillor Nolan, Chair of the Committee; Councillor Carlone; Naomie Stephen, Executive Assistant to the City Council; and Paula M. Crane, Deputy City Clerk.

Present via Zoom were Vice Mayor Mallon; Councillor McGovern; Councillor Zondervan; Councillor Sobrinho-Wheeler; Mayor Siddiqui; Louis DePasquale, City Manager; Lisa Peterson, Deputy City Manager; David Kale, Assistant City Manager for Fiscal Affairs; Nancy Glowa, City Solicitor; Patrick McCormack, Chief Information Officer, Information Technology Department; Lee Gianetti, Director of Communications and Community Relations; Christopher Schmidt; Heather Hoffman; John Hawkinson; Kathy Watkins; Kavish Gandhi; Ken Field; Lee Farris; Phyllis Bretholtz; Roy Russell; and Saul Tannenbaum.

Councillor Nolan convened the hearing and read the Call of the Meeting and the Governor’s Order regarding remote participation. She asked for a Roll Call to indicate a quorum for the hearing.

The roll was called and resulted as follows:
YEAS: Councillor Nolan, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Zondervan – 5
NAYS: 0
ABSENT: 0
and a quorum was present.

Councillor Nolan outlined steps that led to this hearing. She noted that the City established a Broadband Task Force (BTF) which worked from 2014-2016, and issued a report that is worth reading. She said that the next step was to recommend a feasibility study. She said that her understanding is that an RFP started being prepared at that time, but then work stopped and it never moved forward. She said that the City Council passed several orders which languished and never started. She said that the only thing that happened was a Digital Equity Study which was approved by the City Council in November of 2018, a 12-month that was supposed to be completed last January that also was significantly delayed. She stated that she saw a draft summary of that report prior to taking office in December of 2019. She said that the report is still not finished, and as a result the emergence of the Covid pandemic meant the report was delayed even further. She noted that only this past summer were many residents in public housing even surveyed. Councillor Nolan said that in February, the City Council passed an order for an RFP for feasibility study by April and in May the City Council voted down the IT budget. She said that in June the City Manager promised a study with an RFP by the summer. Councillor Nolan said that she and Vice Mayor Mallon met with City staff at the end of the summer and agreed to set up a meeting to review the elements of the RFP. She said that the timing is delayed yet again and the RFP has not yet been drafted. She said that she is hopeful that a productive hearing can be had. She explained that the Committee will begin with public comment, followed by remarks from City staff working on this issue. She said that a key part of the hearing will be questions from City staff to the City Council about expectations for the study. She noted her hope that the focus will be to provide guidance for City staff as they finalize the RFP. She stated that another hearing will be likely so that City staff can present where they are in thinking about the RFP and the study.

Councillor Nolan opening the hearing to Public Comment at 2:06pm.

Roy Russell, 40 Cottage Street, read from a prepared written statement (ATTACHMENT A) regarding issues that should be included in the RFP for a Cambridge Municipal Broadband Feasibility Study.

Lee Farris, 269 Norfolk Street, stated that she is speaking for the Cambridge Residents Alliance who have long supported some form of municipal broadband. She said that it is known that there are gaps in coverage and that not everyone is able to get broadband for either financial reasons or the location where they live. She said that many middle- and upper-income people complain about the cost, low speed and quality that we do have. She stated that she trying to ensure that broadband is fast, affordable to a wide range of people and available to all in the city is her goal. As it relates to the delay by the City, she noted that she hopes that the City will move forward quickly without further delay. She questioned if the RFP is public and if so, how it can be accessed.

Saul Tannenbaum, 16 Cottage Street, Upgrade Cambridge, stated that he endorses Mr. Russell’s comments. He said that almost 4 years ago, the BTF presented its findings to the Committee. He said that at the time they were told that the City was working on and RFP and that the City would be coming to the City Council for an appropriation. He said that never happened. He said that the delay has had real world impact in terms of digital equity. He said one of the findings of the BTF was to work on digital equity but because the City stopped working on these, it was unprepared when the pandemic hit, and everything went online. He said that he recognizes that the City Council appropriated $50,000 on digital equity issues and he would like to see a report back on that. He said that the City should own and control the infrastructure and rely on private partners to provide the retail service. He said that it is disappointing at the least that we still don’t have an RFP to review. He said that he is fortunate to have broadband service so he can participate in the meeting without problems while others cannot.

Christopher Schmidt, 17 Laurel Street, thanked the City Manager for moving forward on this. He said that understanding the cost to build out a network is important. He said that he wants to ensure that whatever is done takes a real concrete look at what the costs are including working with the Electrical Department and technical advisers. He said that he wants to ensure that the RFP leaves the door open to not attach costs to the day-to-day operation. He said that the focus should be on treating this as a utility. He said that we must understanding what people are paying today. He said businesses must pay a premium for broadband services. He said that if you look at small businesses, these people are paying thousands of dollars. He noted that another important thing to look at is understanding options for models. He said that older residents depend on television and this needs to be considered in the RFP.

Phyllis Bretholtz, 65 Antrim Street, stated that she supports everything that has been said. She said that her biggest concern is that this is a social justice issue. Families are struggling to maintain sanity for their children and seniors who do not have access because they cannot afford it is completely unethical. She strongly supports the City Manager and City Council moving forward and she is optimistic.

Louis DePasquale stated that he looks forward to the discussion. He noted that he is joined by our Chief Information Officer Patrick McCormick and Director of Communications Lee Gianetti. He said that Pat and Lee have been involved with the City’s broadband efforts for a number of years -- Lee as a member of the City Manager’s Office and Pat as a member of the former Broadband Task Force and now as the City’s CIO. He said that Pat and Lee are leading the City’s digital equity initiatives and they are leading our broadband efforts moving forward.

Mr. DePasquale thanked the Committee Chair, Councillor Nolan, and the Vice Mayor for organizing this meeting. He said that in June, based on feedback from the City Council, he committed to funding the next phase of a broadband feasibility study with an appropriation in the fall. He said that today he hopes that we will be able to engage in a meaningful discussion regarding the goals for our next steps and the City Council’s shared expectations which will assist the City in finishing our scope of work.

Mr. DePasquale said that the Committee is aware of his doubts regarding the sustainability and fiscal prudence of the City exploring a municipal broadband system and given that we are in the middle of a pandemic, the potential costs are very concerning to him. However, he noted that he wants to be clear that he is committed, like the City Council, to efforts that will help us address digital divide issues in Cambridge. He said that Lee and Pat are working on an RFP for the next steps in our municipal broadband feasibility work and they are working with our consultants to conclude our digital equity study. He stated his hope that we will be able to prioritize a solution that primarily addresses the needs of our most vulnerable residents.

Mr. DePasquale said that there are a numerous issues and uncertainties that need to be worked out for us to have a common understanding of the impact a municipal broadband system will have on both the finances of the City and digital equity issues affecting our residents. He stated his hope that that as we collaboratively define the goals and expectations for our upcoming municipal broadband efforts, the City Council will support efforts and approaches that prioritize the needs of residents who are impacted by the digital divide.

Lee Gianetti stated that they have been working on a scope of work for next steps in the broadband work. He said that before he gives an overview of how the City is thinking about how they are structuring their analysis, it would helpful for Pat McCormick to give a brief overview and summary of Broadband Task Force’s recommendations and key questions that they believe should be included in the next phase of the City’s efforts.

Following Mr. McCormick’s remarks, he will give the Committee an update on how the City is thinking about approaching the scope of work for an RFP.

Pat McCormick stated that he is excited to speak on this topic. He stated that while he has only been working for the City since mid-April, he was a member of the BTF for the City for the entire two years. He said that he has been on a couple of other Broadband Task Force’s in other communities and he has worked on broadband projects around the United States and other countries. He said that it is something that is near and dear to his heart. He stated that for those who are familiar with the BTF recommendations, it focuses on a few things. One is an enormous challenge to be focused enough to get really useful information. He said that the initial study by Tilson was quite good but very broad and wide and did not have the level of detail needed to understand the cost/benefits and tradeoffs that would be part of a municipal broadband project. He said that the BTF recommendation was fairly specific in the analysis. He said that digital equity was found by the BTF to be the #1 priority for the city. He said that the Digital Equity Study underway will bring forward a lot of information. He noted that the study has taken longer than anticipated but the results will be valuable. He said that Covid has been a global case study for those working around broadband and internet access. He said that there was decent data regarding the gaps in communities that are not well-served but whether it was student aged children, older residents wanting to connect with families in other states, or people working remotely, people have been using high bandwidth applications to accomplish those things. That means that while the Digital Equity Study had to be changed in some way, they were able to zero in on greater detail about connectivity issues for various purposes we will all benefit from having much more detail. He said that digital equity and municipal broadband are two important topics to look at. They are not one in the same. He said that a municipal broadband network can have many benefits. He said that it is not necessarily the fastest route to digital equity nor will it fully address digital equity unless that is part of the mandate. As it relates to the complexity of broadband, Mr. McCormick said that it is important to know exactly what benefits we are looking to achieve through a municipal broadband network. Another dimension is around business models. He said that there are many to choose from and he recommended that this must be narrowed down. There are always opinions that wireless is getting better and that it may mitigate the need for high speed fiber connectivity. He said that we should zero in on something specific. Lastly, we must incorporate what are the principals that matter most to Cambridge. Mr. McCormick said that the study needs to look at cost and financing, understanding that this is a major capital investment as well as a major operating cost. Lastly, we must look at revenue model and how is it sustainable. He said that he is excited to pick up where the BTF left off.

Lee Gianetti said that as it relates to next steps in the process, the City is looking to conduct focused analysis regarding municipal broadband. The analysis will incorporate the goals of the BTF and the policy goals regarding broadband that the City Council has adopted. He explained that the findings that are beginning to emerge from the Digital Equity Study will also inform the work. He said that the city will be seeking analysis of cost, benefits, and risks of a municipal broadband system to allow the City to make informed decisions moving forward. Clarity around the question of what is the goal is a critical piece moving forward. Mr. Gianetti said that the City will be seeking to collect sufficient quantitative information that will allow the City to determine whether and how to pursue an appropriate municipal broadband network that could meet the City’s goals. They will be seeking a model for how Cambridge can deal with digital inclusiveness and to achieve goals of the City Council and the BTF. He stated the need significant community outreach and interest in the proposed solution. He said that it was something that came up regularly and it is important to engage the community in the process. Specific tasks that will be sought will include a needs gap analysis, an evaluation of network solution, a financial feasibility analysis and funding model, and a detailed marketing analysis which will be critical to look at to determine whether a solution is viable to move onto the next step which would involve developing the overall parameters for a system to help the City assess capital and operating costs, interconnections, insurance, bandwidth, legal requirements, other costs to operate a network as well as the City’s ability to provide operational support. He said that a comment made by a BTF member has stuck in head, “We don’t have engineering problem, we have a goal problem.” Mr. Gianetti said it comes down to what is it that we are trying to do and what problem are we trying to solve. He said that as the City looks at finalizing a scope of work for an RFP, it would be helpful to have more clarity from the City Council on what the expectations are. He said that there have been various approaches and goals described in different meetings and it will be helpful to understand from a City Council perspective what are the goals and what are the acceptable parameters for analysis. He said that public commenters have spoken about issues around the ownership of a system and what does that mean. He said the he hopes to have a high level conversation around various broadband approaches, what types of background information the City can provide the City Council, and at the next meeting they can come back with a specific proposal and provide an update on what was learned through the data gathered with the Digital Equity Study. He said that the data gathering phase is completed and consultants are working on the recommendation part of the report.

Councillor Nolan thanked all City staff.

Councillor Carlone made a motion to close Public Comment. The roll was called and resulted as follows:

YEAS: Councillor Nolan, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Zondervan – 5
NAYS: 0
ABSENT: 0
and Public Comment was closed.

Councillor Nolan stated that she appreciates the City moving forward and she would like to hold the balance of frustration of all who have been waiting for this for years. She said that would have been pleased to have this in place when the pandemic hit. She said that the BTF finished its work four years ago and if it would have been feasible, the City could have been doing that now. She said that 700 cities have networks and we are behind the curve instead of ahead of the curve. She said that she wants the City to be diligent. She reminded people that the City is in the process of developing the scopes of services and they want to hear what the vision is, what are the goals and to give input to come back and have a more specific set of scope of services.

Councillor Zondervan stated that he is frustrated but is pleased that the conversation is happening. He stated that he sponsored a Policy Order detailing some of the priorities that should be looked at. One main priority was a digital equity study which the City has been engaged in. He said that we seem to be operating in this model where we assume that this has to be fee for service. He said that there are a lot of reasons to question that. He said that one of the simplest examples is our streets. He said that we do not charge people to drive on our streets and that facilitates all the commerce and activities that happen in the city. He said that the broadband concept is the digital road to the 21st century. He said that if we limit thinking to the idea that we have to charge people for service, it does not allow us to fully explore the possibility of equity. He asked why couldn’t we have a model where people who move to Cambridge have access to the internet. He said that this does not mean its free, just as our roads are paid through taxes or other revenue sources. He said that it does not have to be fee for service. He said that the City could charge fees to corporations and large users. He said that for residents using basic infrastructure, we could explore possibility that it does not have to be a fee for service model. Councillor Zondervan said that as it relates to infrastructure and putting infrastructure in roads as they are being rebuilt, we see the utility companies put infrastructure in the road but we have not been willing to put in municipal broadband infrastructure in at the same time. He said that there is no technology that we are aware of that can move data faster than the speed of light. He said that installing fiber optics in the streets is a no-lose proposition. He said that the city should look at beginning to put in place infrastructure so that when we decide how to run it, we already have fiber in place in the streets so there would not be further delays.

As it relates to the Digital Equity Study, Vice Mayor Mallon asked when the City Council might expect the full Digital Equity Study to be prepared and presented to the City Council. Mr. Gianetti said that he would be happy to give a presentation regarding the findings from the Digital Equity Study at the next hearing. He said that the consultants may be able to participate in that hearing. As part of the data gathering the city has done a city-wide mail survey as well as a targeted randomized mail survey. Mr. Gianetti said that the CHA has undertaken stakeholder interviews with experts, providers, service groups and residents. This is building a big picture of what are the actual problems and needs. He said that there is a big difference in the citywide survey and the CHA survey. He said that there is a bigger digital divide issue in the CHA with families in CHA housing. He said that this is where it will help inform the City as it puts together the scope for the RFP and how to prioritize this issue. He said that the report will be wrapped up by the end of November/early December. Mr. Gianetti noted that the City received the results from the CHA two weeks ago.

Vice Mayor Mallon asked if consultants will be ready in one month’s time to share initial findings and thoughts. Mr. Gianetti answered in the affirmative. Vice Mayor Mallon said she appreciates how digital inequity affects the community during a pandemic. She said that during Covid crisis, the most hard hit are low income residents. She noted that her priority is ensuring that the most vulnerable residents have access to high speed internet at low to no cost. She said that the City must seize every opportunity where we can create policies and programs for those most struggling and vulnerable. She said that this includes students. She said that she agrees that it is not a money problem, it is a goals problem.

Councillor McGovern said that it has been said that municipal broadband is a way that we can address the digital divide, but not necessarily the only way. He noted that if the City decided today to move towards municipal broadband, it would be many years before anything would be up and running. He said that maybe we should look at ways to address the digital divide that is not about municipal broadband. He said that he would like to have some sense of a timeline and what would be done in the meantime to ensure that people have access as soon as possible. He said that we should further refine actual goals to ensure that we are moving in the right direction. How do we ensure that we have a reliable, high speed, cost efficient service that everyone can afford and has access to that provides the bandwidth that people need today and into the future?

Councillor Carlone said that there is a great amount of study that has taken place. He said that as Vice Mayor Mallon and Councillor McGovern have said, his priority is that the government as the vehicle to serve people who do not have anyone serving them. He said that the cost has greatly outpaced inflation to people and Comcast is a highly profitable business. He said that there is enormous information that has not been fully shared. He agrees that this could have been done a lot sooner. He said that he remembers conversations in 2014 and 2015 about rebuilding roads in West Cambridge and not installing conduit for future use seems ignorant. He said that the cost of putting in the conduit is 90% of the cost versus the 10% of the cable. He said that he considers the Port as an example where much of the roads will be rebuilt so we should be putting in conduit for a future system. He noted that the key point to him is helping those who need it the most, including seniors who do not have the funds to pay increased taxes or cable. He said Santa Monica is a huge success and we are light years behind.

Mayor Siddiqui said that City Council allocated $50,000 in the interim for students and Comcast coupon codes. She said that knowing how many families utilized this service and hotspots would be helpful.

Councillor Nolan stated that she is interested to read the Benton Report which she will share with her colleagues on the City Council. She said that it is about public and private partnerships in 2020 referencing the pandemic and one model that can be used in municipal broadband. She said that it talks about the emerging model and she is interested to see the City reference that. She suggested that the City sit down with Upgrade Cambridge and/or brought back a task force as the scope of services is developed. Mr. Gianetti said that they have not engaged members of the community, but he will confer with Mr. McCormick to see how to engage people during the development phase. Councillor Nolan said that we must build on work that has already been done and it would be great to reach out to Upgrade Cambridge who has galvanized thousands of people across the city so that this will be a truly inclusive process. She said that her goal is to have a network across the entire city. She stated that she would like to ensure that the goal for Cambridge is to provide better service across the city with true inclusion and equity. She said that people could pay various amounts but with quality service. She suggested outreach to look at other models asked if any of those models will be incorporated into the scope of services. Councillor asked if we are including for best practice ideas. Mr. McCormick responded that they would be looking at different models. He said that he agrees that the majority of municipal broadband networks are fee for service. He said that in general, if many residents and businesses are willing to pay a similar price to what they pay now for better service then that would allow room for some means tested effort to have a more affordable service of equal quality for those most vulnerable. He noted that you would need sufficient revenue to balance off subsidized services. He said that you would also need the take rate to be high enough to make it work. He stated that one challenge is that municipal broadband is some version of a natural monopoly. He said that there is nothing preventing another provider from coming into Cambridge. We do not have an exclusive arrangement with Comcast to build a network. There is a high cost associated with building a network. These are very important elements to a study to understand the cost and feasibility to allow us to sustainably to operate in both the capital investment and operating costs.

Vice Mayor Mallon stated that she would like members of city staff to meet with Upgrade Cambridge because there are benefits to have this group weigh in. She asked if there should be a motion that city staff meet with members of Upgrade Cambridge prior to the next hearing to ensure that they are represented on the RFP. She said that sometimes small businesses pay thousands of dolls for internet service. She asked if the city reached out to small businesses in the digital equity survey. Mr. McCormick said that the DES did not look at business service, only residential. Vice Mayor Mallon asked if there is any data around small business internet connectivity and cost? Mr. Gianetti responded that he will investigate that and if that is a gap area, they will talk to consultants on the small business piece. Vice Mayor Mallon said that small businesses have been hit hard by Covid and this could keep and attract small business owners. She said that any data or study that we have on cost to small businesses will be helpful.

As it relates to the City providing Comcast free of charge to students for 12 months, Vice Mayor Mallon said that she agrees that municipal broadband is not the quickest way to solve the digital equity problem, but this could be a bridge to low income residents and seniors and students. As it relates to the Benton Report, Vice Mayor Mallon said that she wonders if the City Council could include in the RFP the exploration of a PPP model for moving forward.

Vice Mayor Mallon asked if a motion should be made to have the City the Committee should make a motion to have the City team meet with Upgrade Cambridge around goals for the RFP prior to the next hearing. Louis DePasquale responded that he will happy to do so and will reach out to Upgrade Cambridge as soon as possible. Councillor Nolan stated that makes sense given the timing.

Councillor Zondervan said that small businesses can be considered part of the residential customers in terms of broadband. He said that in a sense, just like the roads, a municipal broadband system is a national monopoly because it does not make a lot of sense to have duplicate cables running under the street competing with each other to move the information. He said that if we stay stuck in a fee for service model, we are limiting ourselves in terms of what we can be achieved. He said that a lot of other places that have been looked, did not have real access for residents. Essentially, they had guaranteed customers. He said that in Cambridge it is more complicated because we do have Comcast and they provide some level of internet service. Verizon provides a different internet service as well. He said that if we change the paradigm and treat it more like the roads and put the infrastructure in place and it is taxpayer funded and everyone has equal access to it then it opens up a lot more opportunity for us to ensure true equity of access. He said that fee for service does not need to be the only option. He said that we have known about the digital divide for many years and have been unwilling to confront the issue. He concluded by stating that there is a lot of opportunity to address these issues.

Councillor Carlone said that it is interesting that the City Council is strongly pushing this issue. He said that he does a lot of reading on urban history and infrastructure is a key part of that. He asked Mr. McCormick if we are aware of a different kind of breakthrough in communication. If not, this becomes more pressing because everyday matters. He asked if there is there some advancement that is worth waiting for or is this as good as it is going to get? Mr. McCormick said that the internet for the near future is here to stay for various communication needs. In terms of the way you access the internet, there is always a debate of wireless, for example, catching up. He said that today’s big debate is around 5G. Over time, it will offer faster speeds than we are used to via wireless. He said that fiber is the best way to have connectivity. He explained that fiber operates close to the speed of light and the hardware on the fiber cable can be upgraded without replacing the cable itself. He expects that we will get higher speeds from fiber cables even as wireless tries to catch up

Councillor Zondervan said that terms of competition, he did not mean to suggest that there is no competition but that the situation is different when there are well established players and we are trying to compete with them versus when there are a lot of customers who are available either because we are able to offer a much improved level of service or because they simply don’t have access to broadband. He said that if the model is limited to “Can we compete with Comcast?” we may well talk ourselves out of offering municipal broadband which would be a huge mistake. In response to Councillor Carlone’s question to Mr. McCormick, he added that the known laws of physics do not allow for faster transmission of information than the speed of light so it is unlikely that we will find better than fiber cable.

Councillor Nolan said that Loveland, Colorado had a lot of competitors. She said that her go to would be Chattanooga, Tennessee. She said that it is a totally different place and yet the fact that after they did municipal broadband the State of Tennessee forbid it. It wasn’t because it wasn’t working it was because it was working so well that they understood that they were going to prevent other municipalities from doing it. She said that the City should be at the forefront of this. She said that the City has stood in favor of net neutrality and open access. She asked if this is something that the City needs direction on as it relates to being an important element. She said that her understanding is that separate from this, the City Council has passed resolutions in favor of ensuring that neutrality and open access. Mr. Gianetti responded that the city has received clear direction from the Committee on those issues.

Councillor Nolan asked Mr. Gianetti if enough information has been gleaned from the Committee. Mr. Gianetti replied that the City has received everything that is needed for follow-up steps.

Mr. McCormack thanked all for input. He said that we are collectively close to the recommendation that was made by the BTF. He said that the conversation with Upgrade Cambridge will be another opportunity to test a gap analysis against that.

Councillor Nolan thanked all those present for their attendance.

Councillor Carlone made a motion to adjourn. The roll was called and resulted as follows:

YEAS: Councillor Nolan, Councillor Carlone, Vice Mayor Mallon, Councillor McGovern, Councillor Zondervan – 5
NAYS: 0
ABSENT: 0
and the hearing was adjourned at 3:43pm.

For the Committee,
Councillor Patricia Nolan, Chair
Neighborhood & Long-Term Planning; Public Facilities, Arts and Celebrations Committee

AWAITING REPORT LIST
16-101. Report on the potential of building below market rental housing on City-owned parking lots along Bishop Allen Drive. On a communication from Councillor McGovern requesting that this matter be forwarded to the 2018-2019 Legislative Session.
Vice Mayor McGovern, Mayor Simmons (O-4) from 12/12/2016

18-38. Report on inventory of all City-owned vacant buildings and lots and the City's plans for them, if any.
Vice Mayor Mallon, Councillor Simmons, Vice Mayor Devereux, Mayor Siddiqui (O-2) from 3/26/2018

18-60. Report on a small business parking pilot that would allow temporary on-street employee parking during typical daytime operating hours.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons (Calendar Item #1) from 5/14/2018

18-73. Report on establishing and implementing a dynamic new initiative that will seek to place Port residents (ages 18 and over) on paths to jobs with family-sustaining wages.
Councillor Simmons (O-6) from 6/25/2018

18-119. Report on evaluating the existing capacity of fire stations in the Kendall Square area and whether a new fire station is needed, and if so, determining the feasibility of locating a plot of land for this use.
Vice Mayor Mallon, Councillor McGovern, Councillor Toomey (O-2) from 11/5/2018

19-3. Report on establishing a Central Square Improvement Fund and allocate no less than 25% of funds generated to the arts.
Vice Mayor Mallon, Councillor McGovern (O-6) from 1/7/2019

19-49. Report on recommending restrictions on signage specific to retail establishments that sell e-cigarettes and other vaping devices.
Vice Mayor Mallon, Councillor McGovern, Councillor Toomey (O-15) from 4/8/2019

19-58. Report on working with the Recycling Advisory Committee and other stakeholders to draft an ordinance banning single-use plastic items in Cambridge.
Councillor Zondervan, Vice Mayor Devereux, Councillor McGovern, Mayor Siddiqui, Councillor Carlone (O-6) from 5/13/2019

19-62. Report on drafting a formal Anti-bias /Cultural Competency Strategic Plan for eventual adoption and implementation.
Councillor Simmons (O-2) from 5/20/2019

19-66. Report on whether it is possible to reduce or eliminate Building Permit Fees for 100% affordable housing development projects, through an exemption or other means and investigate what types of real estate tax abatements are possible for 100% affordable housing moving forward.
Vice Mayor Devereux, Mayor Siddiqui, Councillor Carlone, Councillor McGovern (O-3) from 6/3/2019

19-75. Report on exploring the feasibility of partnering with a local research institution to conduct a study that determines how many ridehail vehicles are on the roads during both on and off-peak times and their impacts on congestion and safety.
Vice Mayor Mallon, Councillor Kelley, Vice Mayor Devereux (O-4) from 6/10/2019

19-100. Report on the feasibility of implementing an additional regulatory requirement for listing a registration/license number for Short-Term Rentals.
Councillor Kelley, Councillor McGovern, Mayor Siddiqui, Councillor Simmons (O-19) from 7/30/2019

19-130. Report on requesting to allocate more funds in the FY21 budget for the small business improvement grants and to confer with the Massachusetts Attorney General’s office on whether other cities in Massachusetts have been facing similar issues with ADA compliance and what can be done to protect the small businesses.
Councillor Toomey (O-14) from 10/7/2019

19-142. Report on determining the feasibility of expediting the Demolition and Rebuilding permitting process in the event of a natural disaster.
Vice Mayor Mallon (O-1) from 10/21/2019

19-144. Report on determining the feasibility of instituting and funding a Fire Cadet Program.
Vice Mayor Mallon, Councillor Toomey, Councillor McGovern, Councillor Simmons (O-4) from 10/21/2019

19-145. Report on reviewing all the City’s policies and procedures related to the procurement, installation and disposal of artificial turf.
Vice Mayor Devereux, Councillor Carlone, Councillor Kelley, Councillor Zondervan (O-7) from 10/21/2019

19-146. Report on reviewing the existing internal mechanisms for City staffers in all departments to report grievances, to determine if this system is functioning as it should or whether changes should be considered.
Councillor Simmons (O-3) from 10/28/2019

19-147. Report on installing hearing loop technology inside the Sullivan Chamber as part of the upcoming renovations to City Hall, and in other critical City meeting venues wherever possible and other accessibility improvements.
Councillor Zondervan (O-4) from 10/28/2019

19-151. Report on the feasibility of making Porter Square and Massachusetts Avenue between Roseland Street and Beech Street a quick-build Complete Street with bus priority.
Councillor McGovern, Councillor Zondervan, Vice Mayor Devereux (O-10) from 10/28/2019

20-6. Report on the acquisition and implementation of interpretation services for City Council meetings and other public City meetings.
Councillor Sobrinho-Wheeler, Councillor McGovern (O-8) from 1/27/2020

20-12. Report on the feasibility of instituting a program to install rings on parking meters to expand bicycle parking options.
Councillor Nolan, Councillor Sobrinho-Wheeler, Mayor Siddiqui (O-4) from 2/10/2020

20-23. Report on implementing Simple Recycling' s curbside textile recycling program and report back to the Council on this matter in a timely manner.
Councillor Toomey (O-1) from 5/11/2020

20-27. Report on the advantages and disadvantages of continuing with Civil Service, and the process by which Cambridge could exit Civil Service.
Councillor Nolan (O-5) from 6/22/2020

20-30. Report on establishing a plan designed to provide a thorough, system-wide review of the entire municipal government to identify and remove any vestiges of systemic racism and/or racial bias in any and all City departments, to establish clear, transparent metrics that will help further this critical endeavor.
Councillor Simmons, Vice Mayor Mallon, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui, Councillor Toomey (O-3) from 6/29/2020

20-31. Report on determining how to best protect and preserve our commercial spaces that support our small business operators and maintain continuity in our commercial districts.
Councillor Toomey, Vice Mayor Mallon, Councillor Carlone, Councillor Simmons, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Nolan, Councillor Zondervan, Mayor Siddiqui (O-5) from 6/29/2020

20-36. Report on generating a report detailing the Sole Assessment Process, the Civil Service HRD process, the reason for choosing the Sole Assessment Process over the Civil Service HRD process, and the projected costs associated with both processes.
Vice Mayor Mallon, Councillor McGovern, Councillor Sobrinho-Wheeler (O-5) from 7/27/2020

20-37. Report on considering formally renaming the Central Square Library in honor of Maria Baldwin and Rep. John Lewis, with the building being known as “The Maria Baldwin and Rep. John Lewis Library and Center for African American/Black History and Culture” going forward, or to otherwise find another suitable location for this dedication.
Councillor Simmons, Councillor Toomey, Councillor McGovern, Councillor Sobrinho-Wheeler (O-6) from 7/27/2020

20-44. Report on working to appoint a Vaccine Task Force to develop a plan that keeps equity at the forefront. See Mgr #2
Mayor Siddiqui, Vice Mayor Mallon, Councillor Nolan, Councillor Sobrinho-Wheeler (O-6) from 9/14/2020

20-48. Report on the feasibility of creating an antibody testing program.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Carlone, Councillor McGovern (O-3) from 9/21/2020

20-52. Report on determining what impact the Executive Order on Combating Race and Sex Stereotyping may have on the City of Cambridge and its community partners and what options the City may have to work around this order.
Councillor Simmons, Councillor Sobrinho-Wheeler, Mayor Siddiqui, Vice Mayor Mallon (O-1) from 10/19/2020

20-53. Report on how Cambridge might participate in PACE Massachusetts pursuant to the PACE Act including exploring all options for incentivizing participation.
Councillor Nolan, Councillor Sobrinho-Wheeler, Mayor Siddiqui, Councillor Zondervan, Councillor Carlone (O-2) from 10/19/2020

20-56. Report on establishing a plan that will allow for greater outreach to women-and-minority-owned businesses, technical assistance to these businesses in applying for financial relief, and a clear plan to ensure that those small businesses that have not yet received financial assistance be granted every opportunity to access any future City funding should it be made available.
Councillor Simmons (O-2) from 10/26/2020

20-58. Report on creating a comprehensive digital, postal, and traditional media outreach campaign educating residents on the Cambridge eviction moratorium, tenants’ rights, and resources available to at-risk tenants.
Vice Mayor Mallon, Councillor Sobrinho-Wheeler, Councillor Simmons, Mayor Siddiqui (O-3) from 11/2/2020

20-59. Report on the feasibility of posting all applications for building permits online as soon as available.
Councillor Nolan, Councillor McGovern (O-6) from 11/2/2020

20-60. Report on analyzing eviction data from 2018 through 2021 and come back with a plan on how to use this data to inform our next action steps.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor Sobrinho-Wheeler (O-8) from 11/2/2020

20-61. Report on an update on City-Owned Vacant Properties Inventory.
Vice Mayor Mallon, Mayor Siddiqui, Councillor Simmons, Councillor Nolan, Councillor Carlone, Councillor Sobrinho-Wheeler, Councillor McGovern, Councillor Zondervan, Councillor Toomey (O-2) from 11/16/2020

20-63. Report on a review of the granting of an extension for the 605 Concord Avenue project which appears counter to the City’s zoning code and confer with the relevant departments on how many projects that had a permit prior to these changes could request an extension.
Councillor Nolan, Councillor McGovern, Councillor Zondervan, Councillor Sobrinho-Wheeler (O-6) from 11/16/2020

20-64. Report on drafting appropriate Home Rule language which would allow for acoustic live entertainment performances in small businesses under certain conditions without a license
Vice Mayor Mallon (O-9) from 11/16/2020

20-65. Report on exploring the feasibility of hiring a consultant to perform an Equity Audit on the Cambridge Arts Council.
(O-1) from 11/23/2020

20-66. Report on establishing a Black and Brown-Owned Business Taskforce, to be focused upon strengthening the City’s outreach efforts, information-sharing, assistance mechanisms, and overall relationship with local Black and Brown-owned businesses, and to establish a rolling set of recommendations designed to ensure the City spares no effort in assisting these businesses
(O-3) from 11/23/2020

20-68. Report on a request by the Council for the City Manager to confer with the Metro Mayor’s Association to close indoor dining, gyms, casinos and other non-essential indoor activities as soon as possible and organize a small business and restaurant relief program that will assist during this second shutdown and efforts to stop community spread of COVID-19 and keep schools open.
(Calendar Item #3) from 11/23/2020

20-70. Report on implementing comprehensive contact tracing in Cambridge including the ability to conduct backwards contact tracing facilitated with technology such as the use of QR codes.
Councillor Zondervan, Councillor Sobrinho-Wheeler (O-5) from 11/30/2020

20-71. Report on the feasibility of launching mobile COVID-19 testing vans in December.
Mayor Siddiqui, Vice Mayor Mallon, Councillor Zondervan, Councillor Sobrinho-Wheeler (O-6) from 11/30/2020

20-69. Report on formulating an RFP for a public arts project that will acknowledge the unfinished work of the 19th Amendment, the importance of the Voting Rights Act of 1965, and how the two pieces of legislation ultimately complemented one another in helping to shape a more perfect union.
Councillor Simmons, Vice Mayor Mallon, Mayor Siddiqui, Councillor Nolan (Calendar Item #2) from 11/30/2020

20-72. Report on the condition of 105 Windsor Street and cost estimates of any repairs needed and provide recommendations on how to develop any other underused properties based on an inclusive public process centered in the Port neighborhood.
Councillor Zondervan, Mayor Siddiqui, Councillor Carlone, Councillor Simmons (Calendar Item #1) from 12/14/2020