Cambridge Civic Journal Forum

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

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

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

Nov 8, 2010 City Council Agenda – After capitulation, the post-recission Council moves on to other business

Last week’s meeting (sorry, I missed it) featured the recission of two provisions of the thoroughly misrepresented Ordinance No. 1335 amending the Sign Ordinance. The City Council, while expressing its disgust with the manner in which the petition campaign to challenge the Ordinance was conducted, voted 8-1 to rescind the two provisions and called for the establishment of a Task Force to further study the matter and make recommendations. This was a politically safe strategy and, except for Councillor Toomey’s NO vote, showed a willingness among councillors to not let any one of them be singled out for political retribution. It’s hard to say where things will go from here, but Council Order #4 this week gives a hint of potential volatility. Cambridge conspiracy theorists naturally assume that the new Task Force will be stacked to ensure a pre-determined end.

Meanwhile there’s this:

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

This is the Big Item on this week’s Agenda. Residents and elected officials have been waiting a long time to hear about what would eventually become of the former Police Station as well as a couple of currently surplus school buildings. This answers the Police Station part of the question – a proposed multiple use for the Cambridge Housing Authority, the Community Learning Center, and the City’s Multi-Service Center. This is a win-win-win solution if the details can be worked out – a Multi-Multi-Service Center.

Agenda Item No. 9A     Nov 8, 2010
ORDERED: That $14,535,000 is appropriated for remodeling, reconstructing, and making extraordinary repairs to the original police station at Five Western Avenue in Central Square, including HVAC, plumbing, and electrical system improvements as well as other interior and exterior renovations, including any and all incidental costs related thereto; and that to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $14,535,000 under Chapter 44 of the General Laws or any other enabling authority.

Agenda Item No. 9B     Nov 8, 2010
ORDERED: Pursuant to the provisions of G. L. c. 121B, § 23(d) authorizing the City to "establish exceptions to existing ordinances and bylaws regulating the design, construction and use of buildings" in order to work cooperatively with the Cambridge Housing Authority in the planning, construction and operation of a project, the City Council hereby establishes an exception to Chapter 2.110 of the Cambridge Municipal Code, to the extent that said Chapter may be applicable hereto, and orders that said Chapter shall not apply to the leasing and/or redevelopment of City property at the former Cambridge Police Department Headquarters at 5 Western Avenue, and hereby authorizes the City Manager to enter into an agreement with the Cambridge Housing Authority for the leasing and/or redevelopment of this property, as set forth in the City Manager’s Nov 8, 2010 letter to the City Council.

We’ll still have to wait and see what the future holds for the old Graham & Parks building on Upton Street as well as the old Longfellow School building on Broadway. The Longfellow building seems destined to be "swing space" for a parade of school building renovations around the City just as it is now serving as the temporary home of the CRLS 9th Grade during renovations at the high school. Many Mid-Cambridge residents hope that the old Longfellow building will once again become a permanent school building once all the system-wide renovations and consolidations have occurred. Mid-Cambridge is the most populous neighborhood in Cambridge and currently has no neighborhood elementary school.

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

This Order is singled out entirely for the humor contained therein. Councillor Cheung misspelled the word "mispelled" in the first WHEREAS.

Order #2. That the City Manager is requested to advise the City Council on how to facilitate a public yard sale.   Vice Mayor Davis

Craigslist? Posters? Flyers? C’mon, Henrietta, do you really need to seek the advice of City departments for an answer on how to do this? Besides, Cambridge residents seem to be rather expert on organizing community-wide yard sales without the need for nanny government to make it happen. In Mid-Cambridge, they do a great job on Fayette and Antrim Streets (and elsewhere). The same is true all over town. Perhaps the City would be well-advised to just get out of the way.

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

See remarks above. Balanced is in the eye of the beholder. Furthermore, even the most "balanced" of committees is guaranteed to be accused of bias if it recommends anything other than what the listener wants to hear.

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

Many of you may recall that the contra dancers were the biggest constituency who came out to protest the proposed arrangement between the Huron Ave. VFW Post and the City to reconstruct the facilty in order to house both a replacement for the VFW Post and the proposed West Cambridge Youth Center. The old VFW Post had been rented by the contra dancers who feared losing the dance hall. They frequently referred to the rare and marvelous "sprung floor" of the facility. Upon inspection, it turned out that there was no sprung floor at all – just greatly deteriorated support under the floor rendering it vulnerable to collapse. In Cambridge, we don’t like to allow facts to get in the way of an attractive argument. The City did eventually alter their plans to allow for a wider variety of uses in the new community center. It’s strange that the contra dancers are only now considering moving back to Cambridge.

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

Once again, the Cambridge City Council thrusts its collective nose into places it does not belong. The three sponsors of this Order state, "Plumb House has a history of bringing in its own workers and not utilizing the skill of local workers." So what? The property is being developed by Cabot, Cabot and Forbes who chose a general contractor whose workers are not, to the best of my understanding, indentured servants. They choose to work for this contractor and they receive wages in return – simple. They are not being forced to work. The sponsors state that Plumb House does not meet "community standards regarding wages and benefits," but it sure would be nice to see a sampling of the actual wages and benefits these workers receive rather than referencing "community standards" as though this actually means anything. My guess is that they’re OK with their wages and benefits even if the Cambridge City Council thinks otherwise.

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

This Report has lots of quotable quotes in it – mainly statements from the Cambridge Affordable Housing Catechism that states that all affordable housing developments are great and that anyone who raises any questions is evil. For example:

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

There’s also this Committee Report on the "digital divide":

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

Much of this report tells the tale of the City’s efforts to bridge the digital divide by arranging for free computers and free Internet and WiFi access in public housing developments. The report seems to suggest that those who planned these installations envisioned a population who could not afford computers and who would be using these resources to look for jobs and to access essential information. CCTV director Susan Fleischmann stated that "massive amounts of data are being downloaded and this could be why the system is slow. CCTV has no resources to do the monitoring." Seems like music and video downloads are what is actually being provided. Also contained in the minutes of this meeting is this delightfully cryptic statement from Councillor Cheung, most certainly garbled in translation:

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

Perhaps that’s the "engine" in the "search engine." — Robert Winters

Nov 1, 2010 City Council Agenda – Light agenda – Sign Ordinance reconsideration vote could happen this week or next

This week’s meeting has little on the agenda, but Unfinished Business #7 (reconsideration of two provisions of the recently enacted Ordinance No. 1335 relating to the Sign Ordinance) will surely elicit discussion and possibly a vote. If not voted this week, state law requires that the matter must be reconsidered no later than next week (by Nov 9). If the original vote stands, these provisions will remain suspended pending a ballot question to dispose of the matter. The most politically safe thing for the City Council to do would be to approve a Special Election on this single matter (thereby not confounding their own reelection campaigns next November). However, the City Manager has estimated that a Special Election would cost approximately $170,000 (an itemization would have been helpful, as this estimate seems unusually high). The Manager’s response (City Manager’s Agenda #10) is worth reading and broadcasting to others.

City Manager’s Agenda #10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-164, regarding a report on outlining the ordinance changes to the Zoning Ordinance as it pertains to signs and the impact of repealing Paragraph D3 and E of Ordinance #1335.

Unfinished Business #7. A communication was received from D. Margaret Drury, City Clerk, transmitting notification of the certification of 11,461 signatures of registered voters by the Election Commission of a referendum petition entitled "SAVE OUR SKYLINE" filed with the Election Commission on Oct 15, 2010. The petition protests Paragraph D.3 of Section 7.16.22, Building Identification Signs, and Paragraph E of Section 7.16.22, General Waiver of Sign Limitations, part of Ordinance No. 1335 amending Section 7 of the Zoning Ordinances of the City of Cambridge (the Sign Ordinance).

The following other items are at least somewhat interesting, though barely noteworthy.

Order #2. The City Council supports the mission of the Massachusetts Product Stewardship Council working with other Massachusetts municipalities and other states to move EPR policy forward, and supports the Framework Principles for Product Stewardship Policy.   Vice Mayor Davis

Order #3. That the City Manager be and hereby is requested to direct City staff to investigate ways in which the City can work with the Metropolitan Area Planning Council on opportunities in Cambridge related to the grant which will support the implementation of MetroFuture.   Councillor Seidel

Order #4. That the City Council go on record acknowledging that the shared planning challenges of the Boston Metro area need to be addressed regionally, and appreciating that the grant from HUD will allow this important work to happen.   Councillor Seidel

Order #5. That the City Manager be and hereby is requested to review the facade improvement program as part of the FY2011/2012 budget programs for reorganization and increase the funding if possible.   Councillor Reeves

In particular, a few additional notes have been appended after the text of Order #5 to clarify some of its shortcomings. Good help can be so hard to find in this down economy. — Robert Winters

Oct 25, 2010 City Council Agenda – Not your typical City Council meeting

This week’s meeting was supposed to be a Roundtable meeting complete with flipcharts and a facilitator. Thankfully, an Order from the previous week did away with that annoyance. There’s another reason for the switch to a regular business meeting – the referendum petition entitled "SAVE OUR SKYLINE" filed with the Election Commission on Oct 15, 2010. The petition protests Paragraph D.3 of Section 7.16.22, Building Identification Signs, and Paragraph E of Section 7.16.22, General Waiver of Sign Limitations, part of Ordinance No. 1335 amending Section 7 of the Zoning Ordinances of the City of Cambridge. That’s the technical name for the "Sign Ordinance" that was recently modified so that a party wishing to have a building identification sign would no longer seek a variance from the Board of Zoning Appeals but would instead seek a Special Permit from the Planning Board subject to certain reasonable standards. If you think this sounds like a relatively minor technical change, you would be correct.

The "Save Our Skyline" group submitted a whopping 15,535 signatures (obtained in large part via paid signature gatherers) to the Cambridge Election Commission of which 11,461 were certified as valid. This represents about 18.2% of the current 62,947 registered Cambridge voters – well in excess of the 12% required under M.G.L ch. 43, sect. 42 for a referendum protesting a local ordinance. Having met the required threshold, the ordinance is now suspended and the City Council is required to reconsider its original 6-3 vote. If one councillor flip-flops on this matter from YES to NO, that ends it – the amendment is defeated (a two-thirds vote is required for a Zoning amendment). If the City Council maintains its 6-3 vote, then the matter will appear on next year’s municipal ballot, OR the City Council may vote to authorize a Special Election before then on this single issue.

Except for the seemingly boundless amount of money thrown at this campaign, this is a relatively unimportant matter that has been propagandized beyond belief via inflammatory mailings and robocalls. That said, some councillors are nervous about the potential political fallout. Ideally, we will be treated to a clear and a rational explanation by all of the councillors on what the amendment does and does not do and why they voted the way that they did. It is, however, just as likely that Monday will bring a Royal Flip-Flop with some nonsensical rationale explaining "why I was for it before I was against it."

The matter in question is on the Agenda under "Communications and Reports from City Officers" which normally would come up late in the meeting. However, with a sizable crowd likely, it’s quite possible thet the rules may be suspended to take this up earlier.

This isn’t the only item of note on this week’s Agenda. There are also these notable items:

City Manager’s Agenda #2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 10-127 and 10-151, regarding a report on plans for the Grand Junction Railroad.

Existing plans developed in recent years called for an Urban Ring bus rapid-transit service and a multi-use path along this corridor. It would seem that if Lieutenant Governor Tim Murray is reelected in another week or so as part of the Patrick/Murray ticket, we may soon see between five and twenty trains per day between Worcester and Boston whizzing across Mass. Ave. and other heavily-trafficked streets at grade level as former Worcester Mayor Tim Murray’s dream is realized.

Resolution #11. Congratulations to Councillor Kenneth E. Reeves and Gregg Johnson on their recent marriage.   Councillor Simmons, Councillor Decker, Councillor Cheung, Councillor Toomey, Councillor Seidel, Vice Mayor Davis, Councillor Kelley and Mayor Maher

After 36 years as a couple, I’d say congratulations are in order. That’s a pretty good run for any couple.

Order #3. That the City Manager is requested, to the extent allowed by relevant law, to ensure that Cambridge does not approve any permits that the developer of the Belmont Uplands may request or require from the City of Cambridge until all legal proceedings surrounding this project have been resolved.   Councillor Kelley

I have to admit that for some time I have not been entirely convinced of the merits presented by those trying to save the "silver maple forest" that abuts Little Pond just west of the old Arthur D. Little site along Route 2. However, I attended a presentation the other day by Charles Katuska about the important role that a modest-sized forested area (17 acres) can play in terms of habitat and I find myself now favoring preservation of this open space. On the other hand, this is privately owned land. The proper way to have preserved this habitat would have been for the state and/or the Town of Belmont to have purchased the site. Current plans call for building about 300 units of housing on the site, much of which is located in a flood-prone area. The Belmont Conservation Commission opposed the project, but the developer (O’Neill Properties) appealed to the state and prevailed. In addition, the developer has secured other necessary local permits. The permitting is now under appeal. It’s not clear how much leverage Cambridge has in this, but the developer does apparently need to tie the project into Cambridge’s municipally owned sewers.

Order #4. That the Neighborhood and Long Term Planning Committee is requested to hold a hearing(s) with the intention of developing a more effective method for the City Council and Cambridge residents to discuss mitigation concerns during zoning discussions.   Councillor Kelley

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.

Order #7. That the City Council go on record encouraging voters to vote no on Ballot Question 3 in the Nov 2 election.   Councillor Simmons

Order #8. That the City Council go on record encouraging voters to vote no on Ballot Question 1 in the Nov 2 election.   Councillor Simmons

It should come as no surprise that the City Council as well as other government officials here and elsewhere are opposed to the ballot questions being put to voters this November, and Questions 1 and 3 in particular. Question 1 would eliminate the sales tax on alcoholic beverages. Question 2 would effectively end the Chapter 40B "snob zoning" law that’s been used to promote low-income housing projects in cities and towns with little "affordable" housing. Question 3 would cut the state sales tax from the current 6.25% down to 3%.

The unfortunate thing about ballot questions like these is that voters often have to choose between two extremes. The argument against Question 1 is that it would result in the loss of revenue to support treatment programs for people with alcohol and drug addiction. However, are all revenues raised by this tax actually dedicated toward this purpose or just a portion of the revenue? If one could be assured that worthwhile programs could be preserved and nonspecific revenue curtailed, now that would be a good choice. Ideally, Question 2 would not call for the end of Chapter 40B, but rather the curtailment of its abuse by developers who use it as a bludgeon against local objections. Most significantly, Question 3 might call for a rollback of the state sales tax to the 5% rate that most residents had grown accustomed to rather than down to 3%.

This is the dreadful thing about "direct democracy." The public is often not given a proper choice other than what advocates on one side of the other wants. On the other hand, that’s why we supposedly have representative government – to elect representatives who will carefully consider all matters and reach compromises that most residents can live with. Unfortunately, in a state where one party controls virtually everything, there is little in the way of dynamic balance to ensure the kind of middle ground that many of us would prefer. I wouldn’t mind seeing some political diversity grow out of the upcoming election.

Specifically on the sales tax question, I will likely vote NO for entirely selfish reasons. If the sales tax is cut in half, it is doubtful that the City of Cambridge will slash all programs in the wake of reduced local aid. Property taxes will therefore rise closer to the levy limit. As a relatively low-level consumer, sales tax does not add up to a whole lot for me in a given year. On the other hand, I would really not like to see my property taxes leap up to cover the costs of the various necessary and unnecessary programs that will doubtless continue to be funded. It will likely cost me more if the sales tax is slashed. — Robert Winters