Cambridge Civic Journal Forum

February 7, 2011

Feb 7, 2011 City Council Agenda – AAA bond ratings, community benefits, and City boards and commissions

Filed under: City Council — Tags: , — Robert Winters @ 12:03 am

Feb 7, 2011 City Council Agenda – AAA bond ratings, community benefits, and City boards and commissions

City Manager’s Agenda #3. Transmitting communication from Robert W. Healy, City Manager, relative to the City of Cambridge receiving three Triple A ratings from the nation’s major credit rating agencies.

It’s become almost routine that the City of Cambridge receives the highest possible bond ratings. Expect all the councillors to make the usual flattering speeches, and possibly the usual suspects during public comment suggesting that the City administration has somehow sacrificed quality of life on the altar of municipal bond ratings. It’s worth noting that with so much attention being paid nationally to the matter of unfunded pension liabilities (and other post-employment benefits), Cambridge would not be receiving the bond ratings that it does if it was on particularly shaky ground in these areas.

Order #1. That the City Manager is requested to confer with the Police Commissioner regarding the increase of graffiti in the vicinity of Chatham Street, Dana Street, Broadway and Massachusetts Avenue with the view of increasing police patrols in the area and increasing efforts to make residents aware of the graffiti hotline.   Mayor Maher

Making more people aware of the graffiti hotline may not necessarily lead to productive results. Here on Broadway we made such a call and didn’t get a call back until about a month later. The message essentially was that the City can’t do anything regarding private property, and for the tagging on utility poles, mailboxes, etc., nothing would be done until at least next Spring. The City should be applauded for its good intentions, but things do sometimes fall flat in the execution.

Another example is the Rodent Hotline. Several years ago, I called in about an infestation of several foot-long rats in my neighbor’s yard/junkpile. That led to Inspectional Services addressing that problem, but also requiring me to remove my old VW Bus (parts car) from my yard even though this was unrelated to the rodent problem. My tenants and I like that my backyard is a better place now, but the immediacy of the directive meant that I didn’t have time to harvest the parts I would have liked to keep. I no longer recommend calling the Rodent Hotline to anyone due to the possibility of unintended consequences.

Order #3. That the City Manager is requested to confer with relevant State and City staff about the possibility of retaining the pedestrian light to allow at-grade crossing of Memorial Drive after the completion of the footbridge.   Councillor Kelley, Councillor Cheung and Councillor Seidel

Considering the distance between traffic signals on Memorial Drive west of this location, this would not be a burden on traffic and it would be a good alternative for many people, including cyclists. If the DCR has issues with this, perhaps they might accept relocating the traffic signal from Pleasant Street to Magazine Street.

Order #4. That the City Manager is requested to inquire into the feasibility of instituting a phone book opt-out program in Cambridge to reduce waste and the costs associated with that waste.   Councillor Decker and Councillor Cheung

Great idea – and essentially identical to the March 17, 2008 Order from Councillor Seidel. Whatever became of that Order? Phone book publishers make their money on how many of these obsolete books they can spread around, so I imagine there will be resistance to cutting back. Yellow Book is famous for its deceptive mailings that fool unwary businesses into spending hundreds of dollars per year for these useless listings.

Order #5. That the Mayor convene a Roundtable meeting with the Planning Board to discuss issues of mutual interest and concern.   Councillor Seidel, Councillor Reeves, Councillor Kelley and Councillor Cheung

Considering the fact that the most controversial matters that come before the City Council are zoning petitions which also come before the Planning Board, you have to wonder why the two bodies don’t meet more often just to better understand the priorities of the respective bodies. That said, city councillors have not shown any particular mastery in zoning matters other than how to shake down an applicant for "community benefits" (see below).

Order #7. That the City Manager is requested to direct the Department of Public Works to make accessible to the public, either on the city’s website or by constituent request, all un-cleared sidewalk complaints received, and all violations issued either due to those complaints or otherwise.   Councillor Cheung

This clearly is in reference to the requests from Saul Tannenbaum for this data that he put into publicly accessible maps [Jan 14 report], [Jan 29 report][Jan 31 report]. His actions are civics at its best. Not only should Saul (and others) have access to this data at no cost, any previous charges should be refunded. Better yet, the City should post this information and create these maps.

Order #11. The Cambridge City Council should begin as soon as possible to develop principles which will guide future community benefit negotiations for future development projects where large renovations are requested.   Councillor Reeves

This is not the first Order on this topic. However, the more fundamental issue is the erosive effect of this practice of shaking down developers for "community benefits" in exchange for votes for zoning petitions. It’s difficult to imagine the current City Council ever voting down an upzoning petition from a major developer with deep pockets who is in a position to effortlessly donate a few million dollars in exchange for gaining many millions of dollars in value to their project. The sky is literally the limit. Planning goals are often in direct conflict with the promise of a bonanza of "community benefits." Rather than working out policies for guiding future community benefits negotiations, perhaps the City Council should consider eliminating or severely limiting the practice.

Committee Report #1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Leland Cheung, Chair of the Economic Development, Training and Employment Committee for a public meeting held on Jan 6, 2011 to receive a draft Request for Proposal (RFP) for a development consultant for Kendall and Central Square and the transition area (Lafayette Square).

This was an interesting committee meeting that tested the limits of the City Charter. Normally, elected councillors have to be very careful about leaning on City departments in matters involving any kind of hiring. The meeting was informative regarding both the scope and limitations of the RFP. It also remains quite clear that the greatest impact (or lack of impact) on Kendall Square and Central Square and all points in between will come from the property owners who make the investments in their properties. Except for zoning restrictions, the City’s role will be limited to supporting these initiatives and trying to influence them to whatever degree they can.

Committee Report #2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Civic Unity Committee for a public meeting held on Jan 5, 2011 to hold a discussion between the Civic Unity Committee and the Civic Unity Advisory Committee.

Councillor Simmons submitted a document entitled "The Civic Unity Committee" (Attachment A) and provided a brief history of the Civic Unity Committee. It was very interesting to read about the history of this advisory committee during the 1940s and 1950s, and it’s worth considering what role such an advisory committee might play today. However, if City officials really wish to revisit what role, if any, this committee should be playing, the process should not end with this one committee. Though it would require the kind of leadership this City Council most likely does not possess, there is some wisdom in revisiting the missions of the Peace Commission, the Human Rights Commission, and several other City boards whose missions overlap. Indeed, perhaps there should be a process in which ALL of the City’s boards and commissions revise their missions and are consolidated as appropriate for greater effectiveness. – Robert Winters

January 29, 2011

Jan 31, 2011 City Council Agenda – The Joy of Zoning, The Agony of Street Cleaning, and The Evil Empire

Filed under: City Council,Comcast — Tags: , , — Robert Winters @ 11:58 pm

Jan 31, 2011 City Council Agenda – The Joy of Zoning, The Agony of Street Cleaning, and The Evil Empire

Coming up this Monday are the following items of interest (or objects of derision, depending on your point of view):

Zoning Petitions – We have one new one from Novartis and two old ones to be re-filed.

Applications & Petitions #1. A zoning petition has been received from Chris Klee, Vice President and Chief Financial Officer, Novartis Institutes for BioMedical Research and Seth D. Alexander, President, MIT Investment Management Company, requesting the City Council to amend the Zoning Ordinance and Map to allow for the creation of a new Special District 15 along a portion of Massachusetts Avenue between Albany Street and Windsor Street opposite the location of the Novartis main campus at the former Necco Building.

This petition has been anticipated for several months. Novartis wants to expand its presence on Mass. Ave. near MIT and consolidate its Cambridge operations into this area. Everybody loves Novartis, but will the City Council gladly accept the proposal to allow building heights up to 140 feet by Special Permit? That’s perhaps twice the height of anything there now and more like what might be seen in Kendall Square. The situation now with this City Council and zoning petitions from major players is that approval is almost guaranteed and the only issue is what "community benefits" can be extracted from the petitioner. I hope they do better with this one.

Order #8. That the City Council re-file the Chestnut Hill Reality zoning petition.   Mayor Maher and Councillor Seidel

Order #12. That the City Council re-file the petition by William H. Fox et al to amend the zoning in the area of Cottage Park Avenue on Feb 17, 2011 and refer it to the Ordinance Committee and Planning Board for hearing and report.   Councillor Seidel

The first of these had its Ordinance Committee hearing snowed out, so the re-filing is purely procedural. The Fox petition received a negative recommendation from the Planning Board in part because there are unresolved issues pertaining to yet another zoning petition – the City Council Petition to amend Section 5.28.2 of the Zoning Ordinance (conversion of nonresidential structures to residential use). The timing will now allow the City Council petition to be resolved before the Fox petition is considered for adoption.

Resolution #3. Retirement of Les Barber from the Community Development Department.   Vice Mayor Davis

Resolution #6. Retirement of Elaine Madden from the Community Development Department.   Mayor Maher

These are both significant exits from the Community Development Department. Elaine Madden has been a long-time Economic Development Project Planner, and Les Barber is Director of Zoning and the key person in all matters relating to zoning issues in Cambridge. The Community Development Department is currently headed by Acting Assistant City Manager Susan Glazer while the process of finding the permanent successor to former head Beth Rubenstein continues. This is undoubtedly a major transition time for the department.

Once upon a time, the primary mission of the Community Development Department was commercial development and growing the real estate tax base of the City. It was common back then for the department to publish major planning blueprint documents for developable parts of the city. Some of these plans became reality and others largely remained on the shelf as citizen downzoning movements cut back the plans. With the demise of rent control, the department’s emphasis shifted toward housing development, including "affordable housing" projects and inclusionary zoning. While this emphasis has clearly not disappeared, there has been an apparent shift toward economic development in the department. Major personnel changes could solidify this change in focus.

Order #1. The City Manager is requested to communicate with the Central Square Business Association and the Community Development Department to set up and design a competition to design the future of Cambridge.   Councillor Reeves

Order #2. The City Manager is requested to communicate with Eric Lander of the Broad Institute, The Kendall Square Business Association and the Community Development Department to set up and design a proactive science game.   Councillor Reeves

Reading these Orders leaves one with a view of Councillor Reeves as starstruck by Eric Lander of the Broad Institute. I’m sure everyone will welcome the idea of sponsoring design competitions for some of the major squares and thoroughfares of Cambridge. On the other hand, one might think that with a Community Development Department consisting of 44 people, the goal "to design the future of Cambridge" will be viewed as more than just a student design project.

Order #4. That the City Manager is requested to report back to the City Council on any foreseeable tax revenue implication of Vertex’s decision to leave Cambridge and the amount of office space potentially being vacated.   Councillor Toomey and Councillor Simmons

Order #15. That the City Manager is requested to determine what incentives were given to Vertex as part of their relocation deal and evaluate how Cambridge could offer those same incentives to companies it is attempting to lure from out of state to the city.   Councillor Cheung

There have been indications that the City Manager did, in fact, offer such incentives to Vertex, but these were not the only factors in the decision by Vertex to relocate to Boston. There could be a significant short-term impact of Vertex leaving, especially in light of the fact that Vertex was the 6th largest employer in the city. On the other hand, by all accounts there is still significant and growing demand by life science companies to locate in Cambridge. One question that is not often asked, but perhaps should be asked, is whether it is healthy in the long term to have so much of the local economy dominated by the life sciences and any other single industry. It’s not quite the same as Detroit and the automobile industry, but it’s generally best to not balance your economic stability on too narrow a base. At least we’ll always have the universities.

Order #9. That the City Manager is requested to direct the appropriate departments to remove improperly placed furniture items that are reserving parking spaces.   Councillor Kelley

I know that Councillor Kelley hasn’t been around very long, but it has been standard practice for a long time for the Public Works Department to remove these objects after a few days grace period. Though I’m sure there are some exceptions here and there, reserving parking spaces is relatively rare in Cambridge. It’s probably fair to say that Public Works employees have been pretty busy in recent days and perhaps gathering up all the old chairs and buckets and other markers hasn’t been the top priority.

Order #11. That the City Manager is requested to evaluate the possibility of continuing street cleaning days through the winter for the purpose of using those days to clear non-arteries of snow.   Councillor Cheung

I believe I can speak for most Cambridge residents here and say that we’d like to keep those three months of relative peace without having to worry about whether you’re parked on the even or the odd side of the street on those two dreaded days out of each month. It was Councillor Davis who filed an Order a few years ago that resulted in December being added to the street cleaning schedule. Now Councillor Cheung wants to add the remaining three months to the schedule. Please don’t. If anything, give us back December. If any street has a special need for snow clearance, the street can be posted on a case-by-case basis. In fact, residents can always request Public Works to do this if staff and equipment are available after things have settled down after a big snow event.

Order #13. That the City Manager is requested to devise a way to publicize events happening in the community in a visible location at the Main Library.   Vice Mayor Davis

Order #14. That the City Manager is requested to devise a method to publicize events that are taking place at the Main Library, both before events occur and as they are happening, so patrons visiting the library may attend.   Vice Mayor Davis

From the Department of Redundancy Department. One would think that councillors or their personal staff (a.k.a. campaign staff) would actually read their own Orders before submitting essentially duplicate Orders.

Order #17. That the City Manager is requested to confer with the Community Development Department, the Cambridge Arts Council and other relevant entities to ensure that public art is taken into consideration during the planning processes of the Kendall and Central Square areas, as well as along Massachusetts Avenue from Harvard to Porter Squares.   Councillor Seidel

Of course I’m sure that Councillor Seidel is aware of the "One Percent for the Arts" requirement in all major City projects. This includes all of the areas he mentions in the Order. The problem is not so much whether the City integrates public art into major projects but rather if the City does it well. One aspect to this not often mentioned is that the architects who are involved in planning major projects often see themselves as artists, yet a separate process is undertaken for the "art" part of the project. This has not always yielded the best results.

Order #18. That this City Council go on record encouraging the City of Cambridge to strengthen the language of the Cable Television Renewal License.   Councillor Decker, Councillor Cheung and Councillor Toomey

If you read this Order, you’ll see that Councillors Decker, Cheung, and Toomey want to take Comcast to task only over whether or not they will abide by the City’s smorgasbord of labor ordinances. Though current federal law severely restricts what issues can be negotiated by the City Manager in the relicensing (only public access, educational, and governmental programming), one might hope that city councillors would use their bully pulpits to pressure Comcast (a.k.a. The Evil Empire) to provide better service and better options to Cambridge residents. This is a City Council that does not hesitate to interject its views on foreign policy and a host of other matters unrelated to the City of Cambridge. Yet when it comes to something as simple as pressuring Comcast to offer an affordable Cable TV package for those who want a little more than broadcast TV that includes Red Sox games and maybe a movie channel or two, the City Council remains uncharacteristically silent. – Robert Winters

January 23, 2011

Jan 24, 2011 City Council Agenda Highlights

Filed under: City Council — Tags: , , — Robert Winters @ 11:44 pm

Jan 24, 2011 City Council Agenda Highlights

As I am preoccupied with getting my courses ready for the start of the new semester, I’ll have to keep this one brief this week. Here are the items that struck me as significant or otherwise noteworthy:

City Manager’s Agenda #19. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-189, regarding a report on the legitimacy of the tax exempt claim of Education First.

The report reveals little that was not already known. I take this opportunity simply to note that this was initiated by an Order from Councillor Toomey that was a consequence of a zoning vote a few weeks ago that also was the last straw leading to Councillor Toomey’s resignation as Co-chair of the Ordinance Committee. At the root of that controversy was the continued breakdown in trust between Councillor Toomey and the other Co-Chair, Councillor Seidel, that first became apparent during the controversy over last fall’s vote to amend the Sign Ordinance. You may remember that during that controversy, Councillor Seidel gave every indication in committee that he would be voting one way and then voted the opposite way apparently due to political concerns. As former Councillor Sullivan often said, "Your word is your bond."

Order #7. That the City Manager is requested to confer with the Director of the Arts Council and report back on the feasibility of the Arts Council partnering with local arts organization to establish a similar program to Shakespeare in the Park in Cambridge.   Councillor Toomey

Good idea! The Cambridge Common, Danehy Park, and Magazine Beach would all be great venues for this sort of thing. Cambridge often just goes through the motions with the River Festival and Octoberfest and other regular attractions. Theater in the park (not just for kids) would be a great addition.

Order #8. That the City Manager is requested to contact Eric Lander, Broad Institute, to create a competition to design a Kendall Square of the future.   Councillor Reeves

Wait! Isn’t the City now putting out to bid a contract for a consultant to address the whole stretch from Kendall to Central Square stating at Kendall? We should gather input from all comers, but is the Braod Institute now being called upon to faciliate the future of Cambridge? Let me guess… BioTech!

Order #9. That the Austin, Texas "Parking Benefit District Pilot Program" be referred to the Council Committee on Transportation, Traffic, and Parking for further consideration and review.   Councillor Seidel

Upon reading this, my greatest fear is that the Traffic Department will simply use this as an excuse to install more parking meters in residential areas. They will then say, "Trust us. We’re doing it for your own good."

Miscellaneous #1. Transmitting communication from Robert W. Healy, City Manager, relative to the 2010 Town Gown Reports. [summary]

These reports are always an interesting read. The summary says a lot, but you can also read the detailed reports for Harvard University, for MIT, for Lesley University, and for Cambridge College.

Now…. back to writing my lectures. – Robert Winters

January 9, 2011

Jan 10, 2011 City Council Agenda Highlights

Filed under: 2011 Election,City Council — Tags: , — Robert Winters @ 10:34 pm

Jan 10, 2011 City Council Agenda Highlights

The 2011 Election Year is now in progress. Look for extra City Council committee meetings in the next few months as otherwise dormant councillors dream up items before it’s too late for their campaign literature and newsletters. Interesting items on Monday’s agenda include these:

City Manager’s Agenda #2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-134, regarding a report on reducing energy consumption by ways of deleting and/or limiting email storage.

The originating Order was this:

O-15     Sept 13, 2010
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that while for the most part email is a more environmentally sound way to communicate, there are concerns related to energy consumption and emissions; and
WHEREAS: The amount of data being stored today accounts for two percent of carbon dioxide emissions worldwide, the equivalent of the airline industry; and
WHEREAS: Sending large picture or video attachments can use the energy equivalent of boiling seventeen kettles of water; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with the Director of Information Technology Department to address issues of energy consumption and emissions used by the City of Cambridge to include distribution of and dissemination of information to city employees and residents about ways to reduce energy consumption by way of deleting and/or limiting email storage; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

The City Manager’s response informs us: "The IT Department implemented an e-mail storage tool called ArcMail which allows us to store all e-mail received on one server. We limit the amount of e-mail that any staff member can store to 300MB…. The ArcMail server has a copy of all e-mail received and it will never exceed the one server it runs on."

So I guess this means that the impact is somewhat less than the two percent of all carbon dioxide emissions generated by the City as suggested by this alarmist Order – one little computer quietly purring away in City Hall. Polar bears can sleep easy tonight in North Cambridge. Councillor Davis is already planning ways to provide heat and hot water for City Hall from the waste energy from that computer.


Resolution #30. Congratulations to City Councillor Marjorie Decker and her husband Bahij Bandar on the birth of their daughter, Laurice Catherine Bandar.   Mayor Maher, Vice Mayor Davis

The Resolution pretty much sums up what all of us are thinking. Congratulations and I hope everyone’s OK.

Order #1. That the City Manager is requested to confer with the appropriate department heads and report back to the Economic Development, Training and Employment Committee with the current policies impacting food trucks, the reasoning behind said policies and potential impact it has on the food truck industry and on the city in general.   Councillor Cheung

Anything that can be done to make Cambridge a welcoming place for these vendors should be done (within reason, of course). They were always the best option at MIT and at Harvard. What I’d really like to see are a few old-fashioned hot dog stands selling those snappy Sabrett hot dogs. Oops, my New York City roots are showing….

Order #2. That the City Manager is requested to confer with the Commissioner of Public Works and other City departments to look into practices that will mitigate problems that occur (plowing snow into areas that have been shoveled by residents) and the insufficient and/or improper shoveling of the pedestrian way.   Councillor Simmons

Another winter, another version of this Order. There is, however, one new wrinkle on this old story. With the new single-stream recycling toters, the option of laying the blue bins atop the snow is now no longer an option for some. This means that residents have no choice but to dig a channel from the sidewalk to the street in which to roll the toter for curbside collection. My advice is that after you’ve shoveled out a channel, erect a barricade at the curb to deflect the snow when the plows come by. When the plows are done, take down the barricade and you still have clear path to the street.

Order #3. That the City Manager is requested to report back to the City Council on the total number of same-sex married City employees currently receiving health benefits, the estimated valuation of the federal tax placed on those health benefits of employees currently impacted by this discrimination and a proposed plan for how the city will take a stand as a national leader who values all city employees as equal and how the City will carry the burden of discriminatory taxation on behalf of the impacted employees beginning with 2011 tax filing.   Councillor Simmons, Councillor Seidel, Councillor Cheung and Councillor Kelley

The operative phrase is: "how the City will carry the burden of discriminatory taxation on behalf of the impacted employees." Translation: Open your wallets, Cambridge taxpayers. Isn’t this an outgrowth of the federal health care legislation? You know, the one everyone would love once they actually read it?

Order #5. That the City Manager is requested to confer with the Community Development Department to investigate the possibility of allowing owners alternatives to alter flat roof structures for the purposes of creating better rain water runoff collection through a zoning mechanism.   Mayor Maher

The odd thing about this Order is how it is cast as a zoning issue. It seems more like a plumbing issue. Will we next be seeing charts and tables prescribing where rain barrels can be situated in different zoning districts? Will they have to pass a design review?

Order #8. That the City Manager is requested to appoint appropriate city staff, including the City Solicitor, to work with the Cambridge GLBT Commission to create a city-wide ordinance on gender-neutral bathrooms.   Councillor Simmons, Councillor Seidel, Councillor Cheung and Councillor Kelley

I’ll let the Kinks respond.

Order #9. That the City Manager is hereby requested to report back to the City Council with immediate clarification on the City’s interpretation of the Responsible Employer Ordinance statute and a detailed report on how it is implemented and enacted.   Councillor Cheung and Councillor Decker

Translation: Keeps those campaign checks from the labor unions coming fast. November’s not so far away. – Robert Winters

December 20, 2010

Dec 20, 2010 City Council Agenda Highlights – One Less Chair

Filed under: City Council — Tags: , — Robert Winters @ 1:26 am

Dec 20, 2010 City Council Agenda Highlights – One Less Chair

This is the last meeting of the year – marking the half-way point for this City Council term. What better way to celebrate this occasion than to stomp and pout and take your bat and ball and go home. To call the legislative tantrum thrown this week by Councillor Toomey adolescent would be generous. Specifically, there was a zoning petition from developer Rich McKinnon and Education First (EF Foundation) that came to a vote at last week’s City Council meeting along with a commitment of $914,000 in "mitigation" (gold, frankincense, myrrh?) to be donated by EF Foundation. Councillor Toomey had preferred to extract benefits specific to East Cambridge residents in exchange for a positive City Council vote. Instead, Mayor Maher and other councillors agreed to an arrangement where a rational process would be established by the City Manager to determine how the donated $914,000 would be distributed – a good idea that should have been the rule for other recent petitions that produced "mitigation" funds. The zoning amendment was approved 8-1 with Toomey emphatically voting NO.

The greater issue is the questionable practice of this City Council (or any other legislative body) using zoning relief essentially as currency to "buy" community benefits, but Toomey’s specific objection was to having an inclusive process established rather than the usual negotiated payouts (kind words for legislative shakedown) to individual councillors’ pet projects. In response, Toomey 1) quit as Co-chair of the Ordinance Committee, 2) filed an Order challenging the legitimacy of the tax-exempt status of Education First, and 3) filed another Order calling for a new Ordinance requiring hiring preferences for Cambridge labor union members on union-built projects within the city (including the EF Foundation project). Certainly one couldn’t blame other cities if they responded by making it much more difficult for those same Cambridge labor union members to work outside of Cambridge.

Order #1. That the City Manager confer with the City Assessor and report back with an opinion on the legitimacy of the tax exempt claim of Education First.   Councillor Toomey

Order #3. That the City Manager is requested to confer with the City Solicitor to draft a City ordinance which will give a priority to union Cambridge residents on union projects within the City of Cambridge.   Councillor Toomey

Communications and Reports from City Officers #1. A communication was received from City Councillor Timothy J. Toomey, Jr., transmitting his formal resignation as Co-Chair of the Ordinance Committee. (dated Dec 14, the morning after last week’s meeting)

The best course of action may be for Mayor Maher to leave Councillor Seidel as the sole Chair of the Ordinance Committee and not appoint a new Co-chair. The whole practice of having co-chairs of Council committees is relatively recent and not really justified in terms of either workload or complexity. There may have been some justification during the days of citywide or large-scale rezoning efforts, but it makes little sense now.

There’s not a whole lot more on this Agenda. Perhaps Councillor Kelley will again bring up Tabled Item #2 involving School Department clerical positions. Councillor Kelley has now moved to take it from the table four times without success – on May 10, 2010 (failed 2-7-0), Sept 13, 2010 (failed 4-4-1), Sept 27, 2010 (failed 3-5-1), and Dec 13, 2010 (failed 3-6-0). I suspect the kerfuffle between Councillors Kelley and Toomey over the legality of Councillors meeting privately with School Administration officials will also find its way into the speechmaking. That discussion has drawn other councillors into the fray as well for the last two Council meetings. [See Marc Levy’s write up of the Dec 6 meeting, and Brian Nanos’ article on the Dec 13 meeting in the Cambridge Chronicle. You might also want to read this one about last week’s zoning vote.]

"Peace on Earth, Good will Toward Men" – right? Maybe, maybe not. – Robert Winters

December 13, 2010

Dec 13, 2010 City Council Agenda Highlights – Myriad Resolutions

Filed under: City Council — Tags: , — Robert Winters @ 12:48 pm

Dec 13, 2010 City Council Agenda Highlights – Myriad Resolutions

Among the myriad items on this week’s agenda, the one that stood out was this excerpt from a report from the Government Operations and Rules Committee: "Councillors Toomey and Cheung both voiced concern about making a recommendation assigning specific goals to specific committees without providing an opportunity for committee chairs to be involved in a committee discussion on this issue. All agreed that this matter is an important issue that needed further consideration and should not be overlooked in the face of the myriad time demands faced by members of the City Council."

There are myriad comments that could be made here, though myriad time demands restrict what I might say. Certainly, with myriad personal staff assistance now available to councillors for holding their coats, taking their myriad calls, shining their shoes, etc. one would think that such myriad burdens would be lifted from the aching shoulders of the councillors. Certainly no working Cambridge resident or parent could possibly imagine the myriad responsibilities that a part-time city councillor must bear for a mere $72,000+ per year for their Monday night performances and record few committee meetings rarely attended by a full complement of members. There are also the myriad congratulatory resolutions to be filed each week celebrating restaurant openings and newborns. The myriad burdens of shaking hands and getting myriad face time at myriad community events on the myriad roads to reelection must surely bring myriad stress to our elected representatives. We feel their myriad pain.

There are also these items of note:

Charter Right #1. That the City Manager is requested to consult with relevant department staff and report back on the legal limits of the City Council’s involvement in non-budget School Department issues. [Charter Right exercised by Mayor Maher on Order Number Two of Dec 6, 2010.]

This provoked a firestorm at least week’s meeting, especially between Councillors Kelley and Toomey. Perhaps they’ve smoothed things out during the ensuing week. The underlying issue is a significant one. City councillors are not elected to manage or oversee the public schools or to use the City Budget as a vehicle for micromanagement of the School Department. Candidates for public office should be clear about which office they sought in the previous election. Pick one. If you want to influence school policy, run for School Committee or get in line along with every other resident who has something to say. It’s noteworthy that city councillors who have previously served on the School Committee rarely, if ever, engage in meddling in school affairs.

Unfinished Business #6. 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.

Order #1. That the City Manager is requested to confer with the City Solicitor and the Assistant City Manager for Community Development to provide a report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.   Vice Mayor Davis, Councillor Toomey, Councillor Seidel and Councillor Cheung

These are related. The McKinnon petition will likely receive the necessary votes to pass at this last meeting before the deadline. The only question has been the "mitigation," i.e. what other community benefits can be leveraged in return for the zoning amendment. Though perhaps not specifically tied to this matter, the Order from Councillors Davis, Toomey, Seidel, and Cheung is both timely and well-targeted. Where exactly do you draw the line between leverage and legislative extortion? Where does long-term planning enter into the picture? Or does it? We’ve been rapidly descending in recent years toward a system where zoning amendments have become currency to be exchanged for supposed community benefits. The recent amendment in Kendall Square may be the worst such example in which a laundry list of everybody’s favorite pet projects to be funded was generated en route to delivering the votes.

Applications & Petitions #1. A zoning petition has been received from Michael R. Hegarty et al., requesting the City Council to amend the Zoning Ordinance by adding after the title of Section 5.28 the sentence: "No use shall be permitted by any provisions of this Section 5.28 except as set forth in Section 4.30 Table of Use Regulations or the sections that define districts not included in Section 4.30."

This sets up a parallel zoning petition to run alongside the Council petition introduced last week that seeks to clarify the section of the Zoning Ordinance. It is clear that Section 5.28 was written to encourage the preservation of institutional and industrial buildings as housing, but it has now become clear that some unintended consequences have resulted – most recently involving the Norris Street proposed development.

Committee Report #2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Co-Chairs of the Government Operations and Rules Committee, for a public meeting held on Dec 7, 2010 to finalize the City Council goals for FY11 and FY12 to present a recommendation on the goals to the City Council.

This report has myriad aspects to it, but the bottom line is that it contains the new biennial Goals & Objectives for FY11 and FY12. To paraphrase the lyrics from The Who: "Meet the New Goals, Same as the Old Goals." – Robert Winters

December 6, 2010

Dec 6, 2010 City Council Agenda Highlights

Filed under: City Council — Tags: , — Robert Winters @ 12:28 pm

Dec 6, 2010 City Council Agenda Highlights

Of interest on this week’s relatively light agenda are these items:

City Manager’s Agenda #5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-169, regarding a report on Cambridge residents being labeled "inactive" during the most recent election and listed with wrong or misspelled addresses.

Election Commission Executive Director Tanya Ford reports that there were 14,931 "inactive" registered voters (as of Nov 2). There are now 63,153 registered voters with 48,270 listed as "active" and 14,883 listed as "inactive" (as of Dec 2). There are always some errors in the names and addresses – primarily due to transcription errors from voter registration forms, poor handwriting, etc. On a related topic, if there are any prospective candidates for the 2011 municipal election who need registered voter and voter history data, we’re all up-to-date here at CCJ Central and, as always, all data is provided at no cost to actual candidates.

City Manager’s Agenda #10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-56, regarding a report on prohibiting hotels from subcontracting housekeeping services.

This is a slippery slope if ever there was one. The City Solicitor correctly points out that because hotels are licensed, the City may impose certain conditions on such licenses and that this proposed prohibition may be legal (though this would likely be challenged). However, where do you draw the line? Should the City mandate that only righteously healthy food may be served at the continental breakfast for hotel guests?

On the 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.]

City Manager’s Agenda #9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-179, regarding a report on a review of Section 5.28.2 of the Zoning Ordinance to determine whether any changes should be made to the current square footage calculation for the purpose of decreasing the density of converted buildings in already dense neighborhoods.

This item brought out many people at the previous City Council meeting. There do seem to be some unintended consequences in the current zoning law regarding the repurposing of buildings such as this one where the height and density of the building is well in excess of current zoning limits. The intent of past zoning amendments was to encourage that such buildings become housing, but this has sometimes been exploited in a manner that is very detrimental to existing neighborhoods. The Hobson’s Choice often given to neighbors is between an empty, derelict building or one that has overwhelming density.

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.

It is expected that this will pass either at this meeting or the next meeting. The issue seems not to be whether the zoning amendment is appropriate but what "mitigation" can be extracted from the developer. On this point, I’ll simply repeat my comments on a related Order at the Oct 25 meeting that seeks to regularize how mitigation is to be extracted:

"It’s interesting that we have now reached the point where the appropriateness of a development proposal is now regularly eclipsed by consideration of what kind of mitigation can be squeezed out of the developer or owner of the property. It makes you wonder if "Long Term Planning" plays any role at all any more or if it’s all about using zoning restrictions to determine the price of doing business. This somehow does not seem consistent with the original intent of the legislation (M.G.L. Chapter 40A) that enabled local zoning ordinances."

Unfinished Business #6. 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".) The question comes on adoption on or after Nov 29, 2010. [
9A Loan order passed to a second reading 9-0-0;
9B order adopted 8-1-0 Councillor Kelley recorded in the negative]

This will finalize the loan authorization and disposition of the property for the re-use of the old Police Station on Western Avenue for the Cambridge Housing Authority and for the City’s Community Learning Center.

Order #1. That the Government Operations Committee be and hereby is requested to hold a hearing on department-head level staff changes that are foreseeable in the next five years.   Councillor Kelley

The key statement in Councillor Kelley’s Order is the first: "A number of department heads, to include the City Clerk and both the City Manager and the Deputy City Manager, are approaching an age where retirement might be an attractive option…" The expressed concern by this relatively youthful councillor is that there might be some kind of "perfect storm" where much of the City Administration is swept away in a wave of simultaneous retirements. It is unclear what the purpose of such a Government Operations Committee meeting would be, except for the hint that Councillor Kelley would like various City leaders to divulge their future intentions now rather than later. Doing so, as should be obvious, could actually create more of a storm that it claims to want to prevent.

Order #2. That the City Manager is requested to consult with relevant department staff and report back on the legal limits of the City Council’s involvement in non-budget School Department issues.   Councillor Kelley

This is a good point. Over the last several years there has been a greater focus among some city councillors on school-related matters. One has to wonder whether these councillors ran for the right office or if they just want to grow their authority using the City Budget as a convenient excuse. It’s true that the structure of the schools impacts things like after-school programs run by the Department of Human Services Programs, but when it comes to educational specifics, a city councillor should be no different than you or me when it comes to leaning on School Committee members or School Department officials to take specific actions.

Order #4. That the City Manager is requested to direct the Police Commissioner to create a program of bicycle education and to step up enforcement in order to protect pedestrians.   Vice Mayor Davis, Mayor Maher and Councillor Toomey

Needless to say, such an educational program would also protect cyclists. It’s also a whole lot better than the misguided plans to move cyclists onto the sidewalk on Western Avenue, Concord Avenue, and elsewhere. – Robert Winters

November 22, 2010

Nov 22, 2010 City Council Agenda Highlights

Filed under: City Council — Tags: , — Robert Winters @ 2:48 pm

Nov 22, 2010 City Council Agenda Highlights

Here are the items that jumped out this week to this Council-watcher:

City Manager’s Agenda #5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-152, regarding a report on language in the Noise Ordinance as it relates to enforcement of loud car radios.

The Order that led to this response was about noise coming from cars with sounds systems so loud that the drivers often choose to wear earplugs as their vehicles pollute the sound environment of others. The report states that "the Cambridge Police Department, if made aware by citizens, will respond and evaluate the noise complaint and enforce any violations" which may lead to a fine of $300. This fundamentally misunderstands the nature of the problem. These are not stationary objects and the police are already well aware of the problem. The only way to address this problem is for Cambridge Police and the License Commission to continuously monitor selected streets and catch the bad guys as the problem occurs.

City Manager’s Agenda #6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-120, regarding a report on the feasibility and enforceability of implementing the provisions of House Bill 3371 which increases certain motor vehicle fines to improve driving.

According to this report, the fines for a variety of offenses are about to jump substantially. Specifically, the fine for violation of bicycle laws will jump from $20 to $75. The fine for a moving violation of traffic signs, signals, or devices will jump from $150 to $250. The fine for failing to yield to pedestrians in a cross walk wil go from $200 to $250. There is also a new $75 fine for pedestrians (does this include cyclists?) who provide a false name or refuse to provide a name and address to a police officer upon a violation of roadway regulations.

City Manager’s Agenda #13. Transmitting communication from Robert W. Healy, City Manager, relative to the Final Landmark Designation Study Report for St. James’s Episcopal Church at 1991 Massachusetts Avenue.

This has been the center of some controversy in the Porter Square/North Cambridge area. The adjacent car wash and property around the church are slated for a new housing development (Oaktree) and the garden adjacent to the church is part of the leverage being used by neighbors to affect the size and configuraion of the development. The Landmark designation could be approved at this meeting, but there’s a possibility that it could be referred to the Ordinance Committee. The Cambridge Historical Commission voted 7-0 to approve the landmark study report and its findings with a recommendation that the City Council approve the landmark designation. As is always the case, the Historical Commission report is well-researched and filled with interesting facts about this site and the surrounding area.

City Manager’s Agenda #14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-118, regarding a report on issues related to scooters and any changes to ordinances or regulations on scooter use and parking.

Yet another report relating to roads and vehicles. This report details the distinctions between what is allowed for motorized bikes and mopeds (max. speed 25mph) vs. scooters and other limited use vehicles with speeds up to 40mph. For example, the slower motorized bikes can use bike lanes and legally pass on the right (like a bicycle might do), but they may not use off-street bicycle facilities. The faster scooters must adhere to the same laws as automobiles and other motor vehicles. Parking regulations for all scooters are the responsibility of each municipality. The report notes that Cambridge currently allows mopeds (max. speed 25mph) to park on sidewalks. No changes to the current regulations are recommended.

Charter Right #1. 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.

What makes this item noteworthy is the usual tension between the City Council (always mindful of how their actions may affect their reelection chances) and the City Manager (the "appointing authority" under state law). Exactly what constitutes a "balanced panel" is, of course, highly subjective and always in the crosshairs of those whose motivations are primarily political. I don’t envy the City Manager’s position on this one – damned if you do and damned if you don’t.

Unfinished Business #7. 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.

To the best of my knowledge, this zoning petition is not controversial. It was passed to a 2nd Reading on Oct 18, has gone through the whole process and is ready to be ordained.

Applications & Petitions #2. A zoning petition has been received from Marc Levin, Director of Development, Chestnut Hill Realty Company, on behalf of Chauncy Court LLC, Wendell Terrace LLC and John Harvard LLC, requesting the City Council to enact new sections of the Zoning Ordinance to permit the creation of workforce housing.

This promises to be very controversial and it should be. The proponents (Chestnut Hill Realty) have a reputation for lavishing some city councillors with extraordinarily large campaign donations by having all members of their extended families write $500 checks to these councillors. With such "generosity," it is inevitable that some residents will look for evidence of a "quid pro quo" among the recipients of this political generosity. Even more than the apparent effort to buy support, this petition contains language that elevates dishonesty to new all-time highs. Specifically, they propose to modify the Zoning Ordinance to allow basements in large (30+ units) multifamily buildings to be converted to 1-bedroom apartments, and they characterize this as "Workforce Housing." This is reminiscent of the recent Kendall Square zoning petition that would allow the construction of a new high-rise building. It referred to the affected area as the "Smart Growth Underutilized Area."

It seems pretty apparent that Chestnut Hill Realty is simply trying to add value to their existing rental properties (within 1200 feet of Mass. Ave. according to the petition). That they would cast this self-enrichment as altruism leaves me (and I’m sure others) speechless.

Communications #5. A communication was received from Peter Valentine, regarding the printed phrase on his fence.

Just in case you think that Cambridge is getting too boring, Peter’s letter to the City Council states simply: "Be it known to this City Council of Cambridge, MA USA that Peter Valentine printed the phrase ‘cat’s cut loose so it ain’t no use’ on the center of his fence on the Franklin St. side on November 18, 2010 at 8:45 AM."

Resolution #9. Resolution on the death of Henry Lewis III.   Councillor Reeves, Councillor Simmons

This shockingly premature death (Henry was not yet 48 years old) still resounds among all who knew him. There will be a memorial "Bike Ride Honoring Henry Lewis" on Saturday, Dec 4 starting at 9:00am at a point yet to be determined. A gathering at the Elks Lodge at 55 Bishop Allen Drive will follow. You can call 617-665-3677 for more details which will be posted here as they become known.

Order #1. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation and report back to the University Relations Committee on all recent changes to parking meters that affect the City’s universities.   Councillor Cheung

Order #2. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation regarding the feasibility of converting the Inman Square parking meters to two hours along Hampshire Street.   Councillor Cheung

No particular comment on the substance of these orders, but I will again remind everyone that according to state law, Cambridge is required to have an appointed Traffic Board with the power to overrule (upon the petition of 50 residents) regulations promulgated by of Traffic & Parking Czarina Susan Clippinger. There is currently no means of redress other than to beg for mercy from the Czarina.

Order #4. That the City Manager is requested to confer with Community Development Department and report back to the Economic Development, Training and Employment Committee on the feasibility of instituting a moratorium on particular industries, such as banks, that are already well represented in the city’s squares.   Councillor Simmons and Councillor Cheung

This is a nice sentiment that is guaranteed to be Dead On Arrival. It’s quite true that the major squares have an overrepresentation of banks and cell phone stores, but such is the nature of free enterprise. If the City Council could somehow gain moratorium power over banks, does anyone seriously think it would stop there? Anyone remember the Starbucks Wars of a decade ago in Central Square where protesters supported by the 1369 Coffee House argued that there should be no more coffee places?

Order #6. That the City Manager is requested to direct the City Solicitor to inform the Economic Development, Training and Employment Committee on its options with regards to the means and the manner by which it may hold a meeting with the Boston City Council at the Museum of Science.   Councillor Cheung

This is a very interesting thought. In feudal New England where every city and town stands alone (with or without a moat), the concept of a joint meeting of the Cambridge City Council and the Boston City Council on a matter of mutual interest borders on revolutionary. Next thing you know the councilors of Boston will be asking the advice of the councillors of Cambridge on what to do with convicted felon/councilor Chuck Turner.

Order #7. That the City Manager and the Mayor of Cambridge meet directly with the presidents of MIT, Harvard, Leslie and Cambridge College and work out a guarantee proposal that these colleges will pay the tuition and fees of students graduating from Cambridge public high schools.   Councillor Reeves

This is also a nice sentiment. I could see a few more scholarships coming from this, but a guarantee that all tuition and fees would be paid for any Cambridge resident gaining entry to these schools? I know we think we’re special in Cambridge, but are we really that special?

Order #8. That the City Manager is requested to report back to the City Council the progress of search for experimental music venues and spaces in Central Square.   Councillor Reeves

The efforts of Councillor Reeves of late to get Central Square moving are appreciated, but the last gathering of his "Red Ribbon Commission" had far too much of the councillor’s pontification of his personal vision of what should and shouldn’t be. This included a tirade against Forest City (who was hosting the event) because they had not included Cambridge officials in the loop regarding possible plans for the stretch of Mass. Ave. between Blanche St. and Lansdsdowne St. as well as the proposed Novartis expansion across the street from their current facility in the old Necco building. At that same meeting, we also heard a proposal to pack hundreds of new housing units into the block bounded by Mass. Ave., Essex Street, Bishop Allen Drive, and Norfolk Street plus a plaza fronting onto Mass. Ave. on the site owned by the Naggar family. Most of the people at the meeting were polite but unimpressed.

This Red Ribbon Commission may yet produce some good outcomes including, perhaps, some new music venues as suggested in Reeves’ Order. There’s also the very real possibility that the whole process may be little more than Reeves’ own proposals hoisted up the flagpole to see if anyone salutes. Councillor Reeves did help in the revitalization of Central Square about 15 years ago (though most of the effort was done later by others). Now, just as then, what is needed is cooperation of the property owners, business owners, and the residents of the surrounding neighborhoods. It might also be argued that economic forces may solve most of the problems around Central Square without any need of government intervention. — Robert Winters

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