Cambridge Civic Journal Forum

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

November 8, 2010

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

Filed under: City Council — Tags: , — Robert Winters @ 3:54 pm

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

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