Only 1,318 Ballots To Go - Jan 30, 2012 Cambridge City Council Agenda

Though not the longest of agendas, there are a few hot items that could provoke either some interesting debate or a hasty exercise of the Charter Right. There's also the unresolved matter of electing the Chair of the City Council, i.e. the Mayor. Here are the items that drew my interest this week:

Manager's Agenda #1. Transmitting communication from Robert W. Healy, City Manager, relative to a draft amendment to the GLBT Ordinance increasing the maximum number of commissioners from fifteen to twenty.

Often it's been the case that City boards and commissions draw too few (acceptable) candidates, but in this case the GLBT folks received enough good applicants that they felt an ordinance change was warranted to increase the number of members on this advisory committee. It's always good to see a growth in civic interest. More people should apply for City boards and commissions.

Manager's Agenda #2, 3, 4, 5, and 6 - Various grant-funded appropriations to the Dept. of Human Service Programs.

These items tend to come in bunches and are often not highlighted because the City of Cambridge has become so routinely successful in securing these grants and supporting these programs. We really do have some great people working for our Department of Human Services Programs under the leadership of Asst. City Manager Ellen Semonoff.

Manager's Agenda #9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Grant from the Massachusetts Department of Environmental Protection for $67,000 to the Public Works Grant Fund Salaries and Wages account ($22,590) and to the Public Works Other Ordinary Maintenance account ($44,410) to research, plan and possibly implement a Pilot Curbside Food Scraps Collection Program for Residents to be accomplished in two phases.

This is one of those Back to the Future things. As many of you know, Cambridge once had citywide food waste (garbage) collection where the old "honey wagon" would make the rounds collecting the buckets from back yards all around the city with the collected material destined for pig slop or other uses. The concrete-lined, steel-capped pits from those days can still be found in many Cambridge yards. The piggery days are long gone, but the wisdom of recycling organic waste for composting (and greenhouse gas reduction) remains. This is an undoubtedly good initiative to consider, though its economic viability remains unclear. A pilot program, if feasible, would be a welcome start. That said, many of us have been composting most of our kitchen and yard waste in our back yards for many years and will continue to do so.

Manager's Agenda #10. Transmitting communication from Robert W. Healy, City Manager, relative to an order requesting the authorization to borrow an amount not to exceed $36,800,000 for the purpose of refinancing existing General Obligation Bonds to acquire lower interest rates than those currently being paid.

Louis DePasquale and the Finance Department are always on the job getting the best deals for taxpayers. It almost makes you want to forgive Louis for being a life-long avid Yankees fan.

On The Table #1 and #2 - The curb cuts at 37 Lancaster St. (#1) and at 9 Wyman St. (#2).

I imagine both of these curb cuts will be approved either at this meeting or pretty soon, but these applications (as well as our never-ending stream of zoning petitions) do serve to highlight the degree to which residential and commercial development proposals bring out the passions of abutters and others living near to these developments. It's often not the curb cut itself that sets people off, but rather the belief that the developers are pulling a fast one and have not been entirely honest about their ultimate intentions. For example, in the case of the Wyman Street curb cut, there is a belief that ultimately this mammoth single-family structure that claims the need for entries on two different streets will one day become something entirely different. In truth, abutting residents and city councillors have very limited tools for influencing most projects, and zoning is often a very blunt instrument.

Unfinished Business #3 - The Election of a Mayor.

It's possible that the City Council could resolve this before February, but if neither of the two 3-vote candidates (Cheung and Decker) or those who are supporting them relent, this could go on for many more weeks. Ultimately, if this drags on too long, those councillors who are committed to neither of these candidates could peel off a couple of votes from one or both of them to elect someone else. Several days ago I discovered a series of Harvard Crimson writings from The Great Mayoral Marathon of 1948 in which it took 4 months, 35 sessions, and 1,321 ballots before the City Council managed to assemble 5 votes to elect Mayor Michael J. Neville. The Crimson writers gave very entertaining accounts of the marathon. You can read them at http://cambridgecivic.com/?p=1796. If there is a mayoral vote at this meeting, the results will be posted at http://cambridgecivic.com/?p=1750.

Order #1. That the City Manager is requested to contact Sagewell, Inc. with the view in mind of providing a city-wide thermal analysis to Cambridge residents and report back to the Council within two weeks in time for an early winter 2012 thermal scan.   Councillor vanBeuzekom, Councillor Cheung and Councillor Davis

This is a welcome Order. When the Cambridge Energy Alliance was established a few years ago amid lots of fanfare, there was plenty of discussion about how to best advise and assist residential and commercial property owners in order to move toward the goal of a far more energy-efficient city. Perhaps the early excitement can be revived if more effort goes into showing where the improvements are most needed and just how much money there is to be saved.

Order #4. That the Acting Chair of the City Council is requested to appoint a temporary committee of three Council members to start the process of searching for and hiring a replacement City Clerk.   Councillor Kelley

Order #5. That the Acting Chair of the City Council is requested to appoint a temporary committee of three City Council members to start the process of setting up a City Council review of the City Manager and to start the discussion with the City Manager of his intentions.   Councillor Kelley

Order #6. That the City Clerk and Deputy City Clerk develop an interim plan for the City Council as it relates to the retirement of the City Clerk; such plan to include whatever reassignment of duties and responsibilities are required to carry out the operations of the City Clerk's Office during this interim period.   Councillor Maher

These three Orders deserve comment as a group in that they concern two of the three people appointed by the City Council under the Plan E Charter, namely the City Clerk and the City Manager (the other being the City Auditor). Insofar as City Council subcommittees should be undertaking the responsibilities outlined in Councillor Kelley's Orders #4 and #5, perhaps this is the best argument for why this City Council should elect an actual Mayor with the authority to appoint these committees. Normally, this would fall to the Government Operations & Rules Committee.

Regarding Order #5, the City Manager's contract stipulates that "In the event written notice is not given, by either party to this agreement to the other six months prior to the termination date as hereinabove provided, this agreement shall extend on the terms and conditions as herein provided for a period of one year." Since the termination date of the current contract is September 30, 2012, this means that the City Council and the City Manager have until the end of March to make their intentions known. Since Councillor Kelley is the only councillor who voted against the Manager's contract in 2009 (and voted Present on the previous 2006 contract), it seems somewhat aggressive that he should be the one proposing the procedures now.

Councillor Maher's Order #6 is more constructive. City Clerk D. Margaret Drury has announced that her last day at work will be February 29 - just one month from now. The smooth operation of the City Clerk's Office is vital for residents and for the City Council and, as Councillor Maher points out, Deputy City Clerk Donna Lopez has 42 years of experience working in the City Clerk's Office. This Order would appoint Donna Lopez as Interim City Clerk of Cambridge, effective March 1, 2012. It is hard to imagine any councillor objecting to this Order, except possibly for the purpose of removing the term "Interim" from the title.

Order #7. That the City Manager is requested to confer with the Assistant City Manager of Community Development and report back with recommendation on zoning changes for the Sullivan Courthouse and neighboring parcels.   Councillor Toomey

As many have pointed out, if the former use of that building had not been as a courthouse, it is unlikely that it would have been built at its current height. Several city councillors have suggested that there be a reduction in the height if and when the building is redeveloped or replaced, and some of these ideas are included in the Order. One could argue that Councillor Toomey's Order does not go far enough in specifying to CDD what zoning changes might be most appropriate. If, upon analysis, the CDD finds the specifications to be economically unsound, they presumably would recommend compromise zoning language.

Order #8. City Council support of Senate Bill S.772 which expresses the desire for the United States Congress to draft a Constitutional Amendment in response to the Citizens United decision.   Councillor Cheung and Councillor Decker

I've had numerous conversations recently about this court decision and all of the money that has flowed into political advertisement as a consequence of the decision. The campaign to amend the U.S. Constitution to reverse the effects of the decision seems to be based on the underlying belief that most voters are idiots. That is, when subjected to misleading mass media political advertising, they will simply accept as fact whatever rubbish is broadcast. They must therefore be prevented from such bad influence, and if it takes a constitutional amendment to do this, then so be it.

Maybe voters are not predominantly idiots. Perhaps, as these well-funded rubbish campaigns become more common, voters will develop the ability to tell the difference between fact and fiction, and the more millions that are spent, the more these advertisements will be seen as entertainment rather than information. Needless to say, many people are now getting their information, whether accurate or not, from a dizzying array of web sources most of which are not affected in any way by the Citizens United decision. Personally, I'm more concerned by threats to regulate speech on the web than I am by the ability of corporations to advertise political rubbish.

Communications and Reports #1. A communication was received from Councillor Craig A. Kelley, regarding the subject of the late resolutions not being read.

In principle, I have to agree with Councillor Kelley on this one. The full text of ceremonial resolutions is not now publicly available but, for goodness sake, if you are going to pass a death resolution when somebody dies, you should at least have the courtesy to read the person's name. Personally, though I don't see the need to print the full text of ceremonial resolutions, it should be publicly available on the City web site. - Robert Winters

Comments?

Will there be a Mayor? - Jan 23, 2012 Cambridge City Council Agenda

In addition to the regular items on the meeting agenda, there's still the lingering question of whether this City Council plans to elect a mayor this term. The results of the first two ballots may or may not be meaningful - it all depends upon whether the two who amassed 3 votes each last time (Cheung, Decker) can ever make it to 5 votes. If not, eventually the votes will find their way to a candidate who has majority acceptability, and that may not be either of the two current frontrunners. The relevant agenda item is Unfinished Business #3. The votes taken will continue to be recorded here: http://cambridgecivic.com/?p=1750. Feel free to comment.

Fundamentally, this matters more to the councillors than it does to the residents of the city. It really only determines who gets to appoint the committees, chair the meetings, get a paycheck bonus, and have the privilege of planning a few senior picnics. The one exception is that the mayor becomes the 7th voting member and Chair of the School Committee, and this is potentially consequential in that they are right now making decisions about the new upper school structure (Innovation Agenda). It would be nice if the person elected as Mayor actually believes in and is willing to act in support of academic excellence. [Ref.: Cambridge Public Schools Academic Challenge Plan]

There's one other potential consequence of this mayoral election. If the choice of mayor causes many Cambridge residents to shake their heads in disbelief, this could lead some to seek a change in the Charter to have a popularly elected mayor (which would continue to be more ceremonial than substantial) or perhaps even more fundamental Charter change (along with the inevitable unintended consequences). On the other hand, civic interest is currently so dreadfully low that it's hard to imagine any person or group having enough interest to carry out such a campaign. In any case, it would be a mistake to blame the system for the failings of the people we elect.

It's interesting that Resolution #22 (sponsored by 8 councillors) offers congratulations to Councillor Henrietta Davis on being named Chair of the National League of Cities International Council. Meanwhile, back in Cambridge, none of these 8 councillors seem willing to vote for Davis as mayor.

There are several energy/environment Orders on this agenda:

Order #3. That the City Manager is requested to devise and implement a system for annually reporting the energy use of each municipal building, including schools and buildings leased by the city, and to communicate this information to the public by making it available on the city website and through other means such as displays in building lobbies and city publications.   Councillor Davis and Councillor vanBeuzekom

Order #9. That the City Manager is requested to designate a committee to include the City's Assistant City Manager for Fiscal Affairs, to analyze various scenarios for installation of renewable energy facilities for city buildings.   Councillor Davis

Order #10. That the City Manager is requested to revisit instituting a ban on plastic bags from retail institutions.   Councillor Decker and Councillor vanBeuzekom

Order #11. That this City Council go on record requesting that Cambridge go "coal-free" in an effort to combat the negative effects such energy has on health, economics and social justice.   Councillor Decker and Councillor vanBeuzekom

Councillor vanBeuzekom is wasting no time promoting some of the things that really matter to her, and the combination of her and Councillor Davis should keep these issues in the forefront for the next two years. In Order #10, most of the emphasis is on pollution, but there is an even more basic reason for dissuading people from using plastic bags. They inevitably make their way into the single-stream recycling containers (even though it's against the rules) and they foul up the machinery at the Charlestown processing plant. However, banning Cambridge retailers from using plastic bags is not a particularly great strategy when so many of us do our shopping in Somerville and elsewhere. Rules governing product packaging and recycling have to be regional or statewide to be effective.

Order #7. That the City Manager is requested to report back to the City Council on how the City of Cambridge promotes and enforces the Cambridge Employment Plan.   Councillor Toomey

It's worth reading this plan that dates primarily to 1984 and 1990. Councillor Toomey's focus seems to be on hiring Cambridge residents for construction projects. It's interesting that a proposed ordinance change in 2008 in response to threatened litigation would have relaxed portions of the Ordinance relating to the hiring of Cambridge residents, but the matter was placed on file without action.

Order #12. That this City Council go on record strongly suggesting that Equity World only work with companies that do meet community standards and to provide further information regarding why they chose to work with a company that does not.   Councillor Decker

Yet another Order filed on behalf of the labor unions. The Order states that a certain contractor has been "accused of fraud, asbestos violations, debarments, apprenticeship issues and DOL issues." It's interesting that a Council Order should be based on accusations without any reference to whether this contractor has ever been found guilty of any of these accusations.

Order #13. That the City Manager is requested to report back to the Council on how appropriate information pertaining to parking sticker location (how many parking stickers are issued to a street or address) may be made readily available, free of charge and on the City's website, to the general public or, if that is not possible, what information may be made available and why any limitations on dissemination of such information exists.   Councillor Kelley

Nobody likes competing for on-street parking spaces, but do we really want to categorize buildings and the neighbors who live in them by how many resident stickers are issued for each building?

Order #14. That the City Manager is requested to develop a complete list of all agreements which give continuing benefit to the residents of Cambridge and the mechanism for keeping track of expiration, enforcement or change of ownership.   Councillor vanBeuzekom

This is the kind of thing you might think is already routinely done, but it's doubtful that it is. It might be a good idea to merge this information with the identification scheme proposed in Order #15 of Aug 1, 2011 (comments here).

Comments?

A Clean Slate - Jan 9, 2012 Cambridge City Council Agenda

This is the first regular meeting of the 2012-13 City Council term and, except for a few matters of Unfinished Business, it's a clean slate. Because the new City Council was unable to elect a mayor at its Inaugural Meeting last week, it is expected that one or more mayoral ballots may occur at this meeting. It's anyone's guess whether they will succeed in electing a mayor this time, but there will be no City Council committees appointed until there is a mayor. The relevant agenda item is Unfinished Business #1. In the event that this is decided later in the meeting, I invite my diligent civic friends to report the play-by-play as a comment at http://cambridgecivic.com/?p=1750 at the earliest opportunity.

Resolution #21. Retirement of Robert M. Stevens as Director of Veterans Services for the City of Cambridge.   Councillor Kelley

Bob Stevens is a good man whose company has been enjoyed by all who have worked with him and by many others (including me). Enjoy your retirement!

Order #2. That the City Manager is requested to present a plan to offer recycling receptacles in the public realm such as in parks and city squares.   Councillor Davis and Councillor vanBeuzekom

There are now many solar-powered "Big Belly" trash containers in Central Square and elsewhere. Ideally, some of these might be repurposed for single-stream recycling, but the signage would have to be unmistakably clear indicating that only recyclable materials are to be deposited in the containers. This Order references dual purpose solar-powered containers in use in Somerville, but such an additional purchase would likely be a nontrivial additional cost.

Order #5. That the City Manager is requested to work with the appropriate departments and report back to the City Council with an opinion on whether the widespread use of rodent resistant trash bags would improve the City's pest management efforts.   Councillor Cheung

The theory is that some scent or chemical is added to the plastic to deter the rodents. Cambridge rodents are, of course, more intelligent than ordinary rodents and will surely research the matter and gnaw their way toward a solution.

Order #6. That the City Clerk, who is the Parliamentarian of the City Council, is requested to organize a review of Robert Rules of Order beginning with the current Council and every new Council hereafter, with a view towards ensuring transparent, orderly and productive deliberations of the City Council.   Councillor Simmons, Councillor Cheung and Councillor vanBeuzekom

This has been a sore spot for several city councillors - most notably Councillor Simmons and Councillor Kelley. Proper procedure during the regular meetings would be welcome, but it would be even more helpful if the City Council committees could be restored to productive use. With a few exceptions, Council committees have largely become places where the Chair of the committee carries out a pet project or two - hardly a collaborative process. Committee attendance has declined accordingly, and the last City Council had a number of significant resignations from committees. Some committees met rarely, and one committee did not meet at all during the entire Council term. There has also been a proliferation of single-councillor ad-hoc committees (Red, Blue, and Silver Ribbon Committees) that are not subject to any of the rules applicable to regular City Council committees.

Order #7. That the City Manager is requested to prepare a home rule petition to delegate the approval of curb cuts and report back to the Council with the necessary legislative language.   Councillor Cheung

This was an early issue from Councillor Decker a decade ago. Delegating the approval of curb cuts seems like a good idea in most instances, but there have been a few significant cases in which the City Council's authority in this matter has played a role in negotiating a better outcome for neighbors.

Communications & Reports from City Officers #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a letter from former Mayor and City Councillor David P. Maher, regarding executive session minutes of City Council discussions of the Monteiro case.

Former Mayor Maher has determined that there is no longer a need for these minutes to remain confidential. They go now to the Law Department for review and possible exemptions before public disclosure. Perhaps there will be an interesting twist revealed with this disclosure, but this dead horse has now been beaten beyond recognition. - Robert Winters

Comments?

Last Call at City Hall - Dec 19, 2011 Cambridge City Council Agenda

This is the last meeting of the 2010-11 City Council term. Several active matters will carry over to the new City Council, but everything else goes away to allow for a fresh start. This will also be the last meeting for Councillor Seidel who will, presumably, receive the usual parting gifts (monogrammed gavel? rocking chair with a City of Cambridge official seal?). The agenda is short, but there are a few significant items. Note also that the regular 5:30pm meeting will be preceded by a special 4:00pm Roundtable meeting with the School Committee "to discuss various aspects of the Innovation Agenda, including capital needs."

Reconsideration #1. Councillor Kelley notified the City Clerk of his intention to move reconsideration on the vote taken on Dec 12, 2011 to ordain as amended the re-filed petition to amend the zoning ordinance filed by Chestnut Hill Realty. The petition would allow creation by special permit of rental apartment units in basement units of existing multifamily residential buildings in Residence C Districts which meet the special permit criteria. The question comes on passing to be ordained on or after Nov 28, 2011. Planning Board hearing held 9/6/11. Petition expires Dec 13, 2011.

This will be just a formality after which ordination will be finalized. The most problematic aspect of this zoning petition is not whether it's OK to create a few basement apartments. As the substitute language passed last week indicates, it's probably OK as long as certain conditions are met, though it does put the City Engineer in the unusual position of determining when a development project may go forward. The real issue is the way campaign contributions grease the wheels of legislation. It is absurd to characterize this zoning amendment as some sort of act of charity, and it's even more absurd to characterize the campaign contributions as "supporting local government".

This is all about money - how to make more of it and how to use it to buy legislation - and it's not just about Chestnut Hill Realty. Increasing profit is neither illegal nor immoral, and we do live in a capitalist economy, but when the money channeled from a single developer into the campaign accounts of some elected officials is of the same order of magnitude as the entire campaign budget of other elected officials, it is only natural that questions will be raised - even moreso when those who vote in favor of the zoning change exactly match those who received money from the petitioner.

City Manager's Agenda #2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-156, regarding outside legal expenses incurred by the City for the Monteiro case and related cases.

The costs are laid out in the following communication from City Solicitor Don Drisdell. It is expected that the City Council will discuss the other settlement amounts in Executive Session.

December 19, 2011
Robert W. Healy, City Manager
City Hall, Cambridge, MA 02139

Re: Awaiting Report No. 11-156 re: Report Back on Council Order No. 6, dated 10/24/2011

Dear Mr. Healy:

In response to the above referenced Council Order, please be advised of our responses as follows to the Council's specific requests:

1. The outside legal expenses incurred by the City for the Monteiro case and related cases and issues.

Total: $2,633,194.67 to date. This total includes:

(a) $611,563.63 - for discovery and other pre-trial matters from 1999 to 2003 for all five of the original cases (Hampton, LaChance, Stamper, Wong and Monteiro), including summary judgment motions, fairly split among the five cases. The summary judgment motion resulted in judgment for the City in two of the five cases, and judgment for the City on the most substantive allegations of a third case.

(b) $674,446.30 - Monteiro pre-trial and trial expenses related to the first jury trial (2005) and post-trial matters. The jury found in favor of the City by determining that there had been no discrimination against Ms. Monteiro prior to her filing of a complaint with the MCAD. The jury was hung on the allegations of retaliation after the filing of the MCAD complaint, which necessitated a second trial.

(c) $858,776.21 - expenses related to the second Monteiro jury trial (2008) and post-trial matters. Following the conclusion of the second trial through the date of entry of the final judgment, which spanned almost two years, much of the time expended was overwhelmingly related to post-trial motions and other matters pertaining to the trial court action.

(d) $488,409.53-expenses for the appeal.

2. The cost of the appeal of the Monteiro case over the original judgment, to include interest and legal fees for both the defendant and the plaintiff.

(a) $913,673.90 - interest on damages awards after the entry of final judgment.

(b) $298,349.33 - plaintiff's attorneys fees and costs award for the appeal.

3. The amount of money related cases were settled for.

This will be discussed with the City Council in Executive Session.

4. The overall amount of money paid to Ms. Monteiro.

The City has paid Ms. Monteiro and her law firm a total of $8,067,461.78, which includes all damage awards, interest, costs and legal fees. The amount that Ms. Monteiro received and the amount that her law firm received from that total is not known to the City.

Very truly yours, Donald A. Drisdell

That's it for this Council term. We'll be welcoming City Councillor Minka vanBeuzekom with the new year. Hopefully the new Council will see fit to elect a mayor on the first ballot on January 2 and that they will make a good choice. - Robert Winters

Comments?

Now Featured on the Dec 12, 2011 Cambridge City Council Agenda

The agenda is short but potentially interesting. Here are a few items worthy of a comment or two:

Manager's Agenda #8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $100,000 to the Community Development Public Investment Fund Extraordinary Expenditures account which will be used to pay for design consultant services for a proposed bicycle & pedestrian path along the former NECCO railroad spur in Cambridgeport.

This is personal highlight in that I recall making the initial suggestion for this at a meeting of the Central Square Advisory Committee when Novartis first presented its plans to occupy the old NECCO candy factory. The old RR line once brought in trainloads of sugar to the NECCO plant.

Manager's Agenda #9. Transmitting communication from Robert W. Healy, City Manager, relative to four appropriations totaling $1,204,701 to the Community Development Public Investment Fund Extraordinary Expenditures account. These appropriations will be used to pay for the purchase of and a three year maintenance contract for Hubway bike share stations, holding 220 bikes at 22 stations located in the densest areas of the City. [The total of this appropriation is derived from the following sources: Metropolitan Area Planning Council through funds received by a Federal Transit Administration Grant ($630,640); Massachusetts Department of Transportation through funds received by a Federal Congestion Mitigation Air Quality Grant ($274,061); Harvard University ($200,000) and; Massachusetts Institute of Technology ($100,000). The Hubway Bike Share system is expected to be launched in the spring of 2012 and will operate approximately nine months per year and be removed during winter months.]

On balance, the availability of the Hubway bikes in Cambridge is a nice added convenience for those who choose not to use their own bicycles for short-trip transportation. One potential advantage I see is less worry about bicycle theft (presumably most of that liability will fall to Hubway). There are still some awkward details to be worked out about the location of the Hubway stations. For example, there have been some concerns expressed by people who work at the City Hall Annex (344 Broadway) that some of the landscaping would be removed to accommodate the bikes. Alternately, on-street parking spaces could be removed. In any case, convenience does have its costs.

Unfinished Business #10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing held on Sept 14, 2011 and a follow-up public meeting on Oct 25, 2011 to consider a re-filed petition to amend the zoning ordinance filed by Chestnut Hill Realty. The petition would allow creation by special permit of rental apartment units in basement units of existing multifamily residential buildings in Residence C Districts which meet the special permit criteria. The question comes on passing to be ordained on or after Nov 28, 2011. Planning Board hearing held Sept 6, 2011. Petition expires Dec 13, 2011.

Communications #3. A communication was received from Heather Maguire Hoffman, Co-President, Association of Cambridge Neighborhoods, regarding the Chestnut Hill Realty petition.

As has been stated repeatedly here, this is The Petition That Will Not Die - twice disapproved by the Planning Board with numerous questions raised by the City Engineer, and accompanied by gobs of cash directed to the campaign accounts of several city councillors. It's actually quite telling that there is such activity to approve some variant of this petition before its Dec 13 expiration. Squeezing in basement apartments (legal or otherwise) to make some extra cash has been going on for a long time, and stories of mold and flooding problems have often accompanied these units. This is not to say that they are always a bad idea - as long as the hydrology works. Basement apartments on hilltops should be fine. In low-lying areas like Area 4, the Agassiz neighborhood, or much of Cambridgeport or Riverside, or on streets that become watercourses during heavy rains, it seems like a dreadful idea. Whether or not the properties that are the subject of this petition are appropriate for packing in more cash-producing units is a question best left to the engineers. The bigger issue here is the role of mammoth campaign contributions in the approval of this or any other zoning petition.

The letter from Heather Hoffman on this is interesting. The Chestnut Hill Realty petition has been accompanied by mendacity from its inception. It was first billed as "workforce housing" as if to suggest that kitchen workers and housekeepers might be the principal residents of the new units. The re-filed petition asserts that "reasonably priced, affordable studio and one bedroom units" is the basis for their wish for permitting greater density. Ms. Hoffman's letter calls their bluff by proposing an amendment:

20.650 Affordability. The addition of dwelling units under Section 20.600 shall not result in an increase in the number of market-rate units in the building. A number of units equal to the number of new dwelling units shall become affordable units and comply with all of the affordability, distribution and unit type requirements of Section 11.200. However, only the unit types of the new dwelling units need be considered for this purpose.

Considering past public statements (on the record) by some councillors regarding locating "affordable units" in some of the more high-rent areas of the city, coupled with the fact that said councillors have received significant funds from the petitioners, it should be interesting to hear the ensuing discussion should Ms. Hoffman's suggested amendment be introduced. Ahh... the sweet smell of mendacity!

Order #2. That all items pending before the City Council and not acted upon by the end of the 2010-2011 Legislative Session be placed in the files of the City Clerk, without prejudice provided that those proposed ordinances which have been passed to a second reading, advertised and listed on the Calendar under "Unfinished Business" during the 2010-2011 City Council term, along with any other pending matters on the Calendar listed as "Unfinished Business," shall be forwarded to the next City Council and further provided that any items pending in committee may, at the discretion of the committee, be forwarded to the next City Council.   Mayor Maher

This is standard procedure at the end of every Council term. Individual councillors can forward items to the new term only in their roles as committee Chairs and members, though the truth is that most Council committees have become primarily one-person affairs where the Chair determines virtually every action undertaken by the committee.

7:00pm   Special Presentation - Mayor's Red Ribbon Commission on Central Square.  (Sullivan Chamber)

It is perhaps true that every initiative like this one will produce some good results. However, the proliferation of studies and committees on Central Square has been so common that one might suggest that there be created an "Office of Central Square Studies" to house all the reports. The process leading up to this report has not exactly been an open public process, though no one who showed up was ever turned away. From the beginning there were presentations of very specific proposals for the Naggar property at Norfolk St. and Mass. Ave. that seem very much to be the fulfillment of something listed on the Mayor's Office website during the 2006-2007 term and in the "Office of the Mayor" section of both the FY2007 ("An initiative envisioning a new square in Central Square") and FY2008 ("Envision a new square in Central Square") Budget Books. Will this be the centerpiece of this latest report? - Robert Winters

Comments?

Winding Down - Dec 5, 2011 Cambridge City Council Meeting

This is the home stretch of the 2010-2011 City Council term - a time to finish up tasks and jockey for position in the never-pleasant business of choosing the next mayor. Here are a few notable items on the agenda:

5:30pm   Special Presentation by the Oral History Project of the Longfellow Neighborhood Council to receive their new publication "From the Heart of Cambridge".

The idea for this book was conceived in 2004 by Penelope Kleespies and the Longfellow Neighborhood Council and Community School. The book was edited by Paula Lovejoy with the assistance of a constellation of others including Sarah Boyer of the Cambridge Historical Commission who has edited numerous other Cambridge oral history projects. The book tells the stories of 90 Mid-Cambridge people and their families and friends. It is available for sale at Porter Square Books, the Harvard Book Store, The Coop, Rodney's Bookstore, and directly from the Longfellow Neighborhood Council. All profits go to support the Longfellow Neighborhood Council and Community School.

City Manager's Agenda #1. Transmitting communication from Robert W. Healy, City Manager, relative to a Home Rule Petition providing the City of Cambridge with the authority to impose and increase certain motor vehicle fines in the City of Cambridge in order to improve driving.

Time will tell whether the increased fines actually improve driving in a world where texting and other distractions routinely focus the brains of drivers on everything other than their surroundings. This is just the text for a Home Rule Petition to the state legislature to allow the increased penalties. It does not yet raise any of these fines.

City Manager's Agenda #5. Transmitting communication from Robert W. Healy, City Manager, relative to language prepared by staff in anticipation of the process of reconstruction or renovation of K-8 school buildings in City.

As near as I can tell, this proposed zoning change is primarily intended to ensure that once an existing school building or part of a school building is demolished, any new building may be built to the same height and density. The proposed regulation would, however, allow the Planning Board, by Special Permit, to waive any dimensional or other zoning requirements as long as the Floor/Area Ratio (FAR) does not exceed 1.25 and the height does not exceed 55 feet, plus several other restrictions. It is expected that a number of school buildings will be reconstructed over the next decade most likely starting with the King School on Putnam Ave. The plan is to use the old Longfellow School as "swing space" for each school during reconstruction.

City Manager's Agenda #6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-170, regarding a report on an opinion on the issue of spot zoning on the Runkel petition.

Unfinished Business #10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Oct 13, 2011 to consider a petition filed by Laura Runkel et al. to rezone 41 Bellis Circle, an area abutting the northern block of Bellis Circle, bordered on the north by the commuter rail tracks, on the south by Bellis Circle and on the east side by Sherman Street, from Residence C-1A to Residence C. The question comes on passing to be ordained on or after Nov 14, 2011. Planning Board hearing held Sept 13, 2011. Petition expires Dec 13, 2011.

These two related items concern the Runkel et al. Zoning Petition that would affect a single large parcel at Sherman St. and the RR tracks. The Planning Board report did not recommend approval of the petition arguing that it "does not find it appropriate to consider only this single site for potential rezoning when there are adjacent sites that remain zoned Residence C-1A". The possibility that this might be "spot zoning" or "reverse spot zoning" was discussed at the Nov 21 City Council meeting and an Order was passed asking for a legal opinion on the matter. City Solicitor Don Drisdell's report indicates that it is unlikely that a court would rule against this proposed zoning change.

Unfinished Business #11. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing held on Sept 14, 2011 and a follow-up public meeting on Oct 25, 2011 to consider a re-filed petition to amend the zoning ordinance filed by Chestnut Hill Realty. The petition would allow creation by special permit of rental apartment units in basement units of existing multifamily residential buildings in Residence C Districts which meet the special permit criteria. The question comes on passing to be ordained on or after Nov 28, 2011. Planning Board hearing held Sept 6, 2011. Petition expires Dec 13, 2011.

As has been stated here before, this is The Petition That Will Not Die - twice disapproved by the Planning Board with numerous questions raised by the City Engineer. The fact that the petitioners, Chestnut Hill Realty, have contributed mightily to the campaign accounts of several city councillors raises questions of conflict of interest and whether zoning relief can be purchased via campaign contributions. This perception, of course, is not limited to this petition. In fact, the scale of political contributions by parties with business before the City Council has skyrocketed in recent years.

It may be time for the Cambridge City Council to consider an Ordinance prohibiting campaign contributions by any party with business before the City Council (or the representatives of any such party) for a period of one or two years before and after the matter is voted by the City Council. In these days of Citizens United, it is unclear what such limits may legally be imposed, but it would be a welcome initiative by any city councillor willing to propose such an ordinance.

Unfinished Business #12. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing held on Sept 14, 2011 to consider a petition by Matthew Bagedonow et al. to amend Section 5.24.4 Paragraph(4) of the Zoning Ordinance as follows: "For Residence Zoning District C-1, in no case shall side yards be less than 7'-6". This shall apply to any plane or projection from the plane of the building." The question comes on passing to be ordained on or after Nov 28, 2011. Planning Board hearing held Sept 13, 2011. Petition expires Dec 13, 2011.

The Bagedonow et al. petition received a positive report from the Planning Board with a minor revision. This will likely be ordained as amended.

Resolution #10. Resolution on the death of Paul Kurt Ackermann.   Vice Mayor Davis, Mayor Maher

Paul Ackermann was the husband of former City Councillor and former Mayor Barbara Ackermann. Paul was 92 years old.

Order #4. That the City Manager is requested to provide monetary information regarding the Monteiro and related cases.   Councillor Reeves, Councillor Cheung, Councillor Seidel and Councillor Simmons

Though I agree in principle that a general idea of the scale of these settlements should be made public, the politicizing of this matter remains disturbing. Having witnessed the same people celebrating the financial hit taken by the City and then bemoaning its effect of taxpayers makes one wonder about the motivations of these citizen activists.

Order #5. That the City Clerk is requested to list mayoral commission meetings on the City Council Hearing Schedule in addition to the City Calendar in order to reach as many interested members of the public as possible.   Vice Mayor Davis

It seems odd that there should even have to be a City Council Order asking that these public meetings be included in the City Calendar. Unfortunately, the truth is that none of the "Red Ribbon" meetings on Central Square over the last year or so were ever advertised. Though no one who showed up was ever turned away, the meetings were by invitation only and this calls into question whether the whole enterprise may be properly characterized as a public process. The same criticism applies to the "Silver Ribbon" commission on housing options for older people, and the "Blue Ribbon" commission on early childhood education.

Order #6. That the City Manager is requested to work with the Community Development Department to ascertain data previously requested regarding the Andrews Petition.   Councillor Cheung

The Andrews et al. Petition received a negative report from the Planning Board. The proposal would have amended the City's Inclusionary Zoning Ordinance to eliminate the density bonus that forms the economic basis of the ordinance.

Order #9. That the City Manager is requested to work with the Personnel Department to look into the disability makeup of the City's workforce by level and department and report back to the City Council on this matter.   Councillor Cheung

This Order comes in the wake of a previous Order and report on the racial/ethnic composition of City employees. While almost everyone agrees that nondiscrimination should be the general rule for City employment, these Orders do suggest that employment quotas for various racial/ethnic/gender/disability criteria may still be the mindset of some elected officials.

Order #11. That this City Council urge the United States Government to sign and ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Their Families and to similarly recognize Dec 18, 2011, and annually thereafter, as International Migrants Day.   Councillor Decker

The following Wikipedia excerpts may be relevant: "So far, countries that have ratified the Convention are primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). For these countries, the Convention is an important vehicle to protect their citizens living abroad."... "No migrant-receiving State in Western Europe or North America has ratified the Convention. Other important receiving countries, such as Australia, Arab states of the Persian Gulf, India and South Africa have not ratified the Convention either." [Full text of the convention]

Cambridge just wouldn't be Cambridge without the occasional excursion into foreign affairs.

Order #12. That the City Manager report back to the City Council with the required changes to city council rules, city zoning code and/or municipal ordinance to achieve the Community Benefits Mitigation Fee.   Councillor Seidel

This Order is the culmination of a process that has been going on for the past year having to do with extracting "community benefits" in exchange for granting significant upzoning to developers. While it would be hard to find anyone opposed to financial benefits (in addition to new real estate taxes) growing out of new development, there remains a significant question regarding whether this may amount to a de facto "upzoning for sale" situation. Would a City Council ever vote against a major development if it meant turning down millions of dollars for nonprofit agencies, affordable housing ,etc.?

Messages circulated over the weekend by members of the East Cambridge Planning Team point out another problematic aspect of the proposed "Community Benefits Mitigation Fee" structure. Specifically: "The successful negotiation with Alexandria whereby the City and East Cambridge will receive: a 2.5 acre park; a triangle park; $9.5 million to design and build the parks; an approximately 30,000 square foot building, and up to $6,000,000 for the East Cambridge Open Space Fund, would not be possible under the approach contained in this Order as the 1.7 million square foot project would have been limited to a total of $17 million in community benefits. So we have an Order covering mitigation potentially implementing a process whereby a very successful mitigation effort, Alexandria, could not be achieved under the Order's proposed methodology."

Charles Marquardt's estimates are that the total mitigation value received from the Alexandria zoning relief was $43 million; and that under the proposal the value would have been only $17.5 million. That's a difference of $25.5 million. Of course, there's nothing in the proposal that says that Alexandria could not have voluntarily contributed the difference, but this seems an unlikely outcome if the financial arrangements were so explicitly codified in advance of granting the zoning relief. - Robert Winters

Comments?

Reports, Reports, and a Retirement - Nov 21, 2011 Cambridge City Council meeting

There is much to say about this meeting, including numerous Planning Board reports on recently filed zoning petitions. One noteworthy item is the announcement from City Manager Robert Healy that City Solicitor Don Drisdell will be retiring in January. Don has been with the City for a long time, including many years as Deputy City Solicitor before he was appointed City Solicitor in Dec 2002. Nancy Glowa will succeed Don as Acting City Solicitor, effective Jan 20, 2012.

One of the most striking aspects of the upcoming City Manager's Agenda is that of the 68 matters listing as "Awaiting Report", there are responses for 29 of them - a huge clearing of the backlog. This points to the possibility of a very long meeting. Topics include: a proposed Farmers Market, the merger of the Longy School and Bard College, trimming tree branches, the McCrehan pool, job training programs, a gun shot incident, courteous driving, a Landmark Designation Study Report for the Ellis School, language for a proposed zoning amendment, cable service contract options, a Yellow Pages ban, a bamboo ordinance, bike corrals, bus shelters, upkeep of the Cambridge Common, bicycle safety, the BIO 2012 Convention, the traffic light at Magazine St. and Memorial Drive, restaurant valet parking, hazardous metal pieces of street signs, Bobcats to clear snow, Household Hazardous Waste Days, Citizen Observer alerts, a technology plan for the City, paying for city services on-line, paperless City bills, a unique identifier for official documents (actually a great idea), Code for America, a service similar to SeeClickFix, and the sidewalks on Boardman Street.

And you want to just watch the Patriots game? Just think of all the good stuff you'll be missing!

Reports from the avalance of zoning petitions filed in August are now filtering in from the Planing Board. There is a negative report on the Andrews Petition (#15), a positive report on the Bagedenow Petition (#16), a negative report on the Bishop Petition (#17), a negative report on the Runkel Petition (#18), and a positive report on the de Rham Petition (#45).

Manager's Agenda #37. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Number Item Number 11-83, regarding a report on technology plan for the City, the use of social media tools, and identifying projects that would benefit from using Gov 2.0, as well as a response to Awaiting Report Item Number 11-84, regarding the creation of a research and development office for technology.

This is an interesting read. Though the devil is in the details and the City has not always made the best decisions in terms of public communication and web-based interactions with the public (such as the search function of the City website and delays in posting timely information), it seems clear that the City is in the process of making some necessary improvements.

Manager's Agenda #40. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-92, regarding the feasibility of creating a system that the general public could use to search by a unique identifier for official documents such as building permits, variance applications, License Commission inspections, and the like.

This is based on a very good Order from Councillor Kelley that would make it possible for a resident to easily research the status of a property across multiple categories - zoning, building permits, inspectional services, variances, etc. This would be a huge improvement for both residents and City administration.

Unfinished Business items include several zoning petitions that have been passed to a 2nd Reading and could potentially be voted. These include the de Rham (#9), Bishop (#10), Runkle (#11), and Bagedonow (#13) Petitions. The Chestnut Hill Realty Petition (#12), the gift that keeps on giving to the campaign accounts of several city councillors, could also be voted. There was some comic relief on the Chestnut Hill Realty Petition at the last City Council meeting when one city councillor who lives at the top of a hill and who rents basement apartments in his building questioned concerns about basement flooding based on personal experience. Perhaps some basic knowledge of physics should be mandatory for city councillors, e.g. the fact that water flows downhill and not uphill.

Resolution #19. Congratulations to Department of Public Works Commissioner Lisa Peterson and Recycling Director Randi Mail for their innovative recycling initiatives that merited the MassRecycle 2011 Board of Director's Outstanding Achievement Award.   Vice Mayor Davis, Councillor Simmons

It's worth noting that one of Lisa Peterson's first responsibilities when she began working for the City 20 years ago was to manage the implementation of the City's new curbside recycling program. Recycling Director Randi Mail and Commissioner Peterson are always seeking ways to expand and improve recycling programs in Cambridge and they always do so with a clear view of the cost-effectiveness of any initiative. We are fortunate to have both of these people in the City's employ.

Resolution #24. Congratulations to the members of the Mid-Cambridge Oral History Project and the Longfellow Neighborhood Council and Community School on the publication of "From the Heart of Cambridge: A Neighborhood Portrait."   Vice Mayor Davis

These are the stories of people from my own neighborhood within the larger Mid-Cambridge neighborhood. The best stories are from those who have been here far longer than I have, especially my dear friend Floyd Freeman who now lives in Michigan after his house burned down several years ago and who is still going strong at the age of 96. The book tells the stories of 90 people and their families and friends. It is available for sale at Porter Square Books, the Harvard Book Store, The Coop, Rodney's Bookstore, and directly from the Longfellow Neighborhood Council. All profits go to support the Longfellow Neighborhood Council and Community School.

Order #2. That the City Manager is requested to report back to the City Council at the earliest possible City Council meeting on the possible uses, and the extent of such uses, per the current table of uses in the Zoning Ordinance, and associated language for building conversions, of the Sullivan Courthouse at 40 Thorndike Street.   Councillor Kelley

The Roundtable meeting last week on this topic struck me more as a marketing presentation than anything else. In the long view, it should be noted that this building was originally permitted because it served an essential government function. It is extremely unlikely that it would have ever been permitted at that site if it had been proposed as a private development such as an office building or residential tower. Nonetheless, the presentation seemed to suggest that the most likely future uses would be as an office building or residential tower. The State has a financial interest in this building, but a good case can be made for cutting this building down to a scale more in keeping with the adjacent neighborhood.

Order #3. That the City Council hereby sets 7:00pm at the Dec 12, 2011 City Council meeting as the time to receive the Red Ribbon Commission Report on Central Square.   Councillor Reeves

Another delay. The real question is whether this eventual report will be anything more than a dressed-up proposal to substantially develop the Naggar property at Mass. Ave. and Norfolk St. in partnership with the City. The more substantial planning effort is, at least in principle, the concurrent one with Goody Clancy focusing on both Kendall Square and Central Square (K2C2). The Central Square part of that study could also become just a plan to redevelop the current Central Square parking lots and add height and density to buildings in the area. Residents of Central Square should follow this closely. There are many good opportunities but also some tangible threats and it is not at all clear whether the residential neighborhoods of Central Square are adequately represented in any of these planning efforts. Time will tell.

Order #10. That the City Council hereby goes on record re-filing as of Dec 7, 2011 the Julia Bishop et al. petition to amend the zoning in Special District 2 in North Cambridge.   Mayor Maher

This Order seems to indicate that the highly contentious Bishop Petition will be allowed to expire and the negotiations among neighbors, City officials, and the developer will intensify with the re-filed petition. Councillors made some clear promises before the election in regard to this petition, and they will certainly have their feet held to the fire on this one.

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public hearing held on Oct 13, 2011 to consider a petition submitted by the City Council to amend the Zoning Ordinance in Section 20.200 et seq., the Central Square Overlay District, by deleting Section 20.304.5.6, which currently requires all establishments where liquor is served to have their principal public entrance on Massachusetts Avenue or Main Street.

There are good, simple alternatives to the petition that was filed - alternatives that will allow new uses where they make sense but not open the door to substantial unintended consequences that could severely impact residential neighbors. - Robert Winters

Comments?

Pre-Election Jitters - Nov 7, 2011 Cambridge City Council meeting and the municipal election

The last thing on the minds of city councillors at this meeting will be the business of the meeting. On the eve of the biennial municipal election, the attention of everyone will be on Tuesday's election. The agenda is light, and historically these pre-election meetings can break records for brevity.

The only noteworthy items are a few zoning-related matters that could be passed to a Second Reading, though it's possible that the Bishop Petition (Unfinished Business #12) could again spark a few election-charged rhetorical brushfires. The other zoning matters are the deRham Petition (Unfinished Business #13), the Runkel Petition (Unfinished Business #14), the Bagedonow Petition (Order #3 and Committee Report #2), and the highly profitable Chestnut Hill Realty Petition (the proponents of which have contributed heavily to the campaigns of several city councillors).

This past week has been an interesting one in the political life of the city. Not since the darkest days of the Rent Control Wars have we seen such vitriol - perhaps the worst of which has come from the pseudo-press. I don't know what kind of psychosis it is that drives fact-challenged bloggers with short perspectives to want to tell voters how to vote - even to the point of referring to several incumbents as "disgusting". A lot of bridges were burned this week.

My advice to voters is simple - ignore all endorsements, ignore the advice of pundits (including me), and spend a few hours learning about the candidates [http://vote.rwinters.com]. Above all, do your homework, and that includes evaluating any propaganda that's been circulating from Hilliard Street, the pseudo-press, and people with hidden and not-so-hidden agendas. Then cast informed votes. In the Cambridge elections you can vote for as many candidates as you wish (for both City Council and School Committee). I generally advise people to first decide which candidates you like enough to list on your ballot, and then decide how to rank them - #1 to your favorite, then #2, etc. You do not have to rank all candidates, but it is best to rank more than a few. Above all, vote sincerely.

After the polls close on Tuesday, the preliminary PR Election Count will commence at the Senior Center across the street from City Hall. This year (if all the equipment works) CCTV will be broadcasting from The Count starting around 8:30pm. The program will be hosted by former School Committee member Susana Segat and Robert Winters (that's me). Our hope is to have many of the candidates and other guests appear on camera to share their thoughts. There will be a followup program on Wednesday as the remaining ballots are tabulated and the final (unofficial) results are announced.

Unless the election is extremely close, it is likely that the preliminary winners announced on Tuesday night will be the same as those announced on Wednesday. Officially, the final results will not be determined until Friday, Nov 18 when potentially a handful of additional overseas absentee ballots are included, but there is very little chance that this will alter the results. - Robert Winters

Comments?

Fright Night - Halloween at the Cambridge City Council - Oct 31, 2011

This is the next to last meeting before next week's municipal election. If you understand politics, you know that you get more votes by distributing candy to the children of voters than by chatting away at a Council meeting. Let's hope this is a short one. Here are a few items that caught my attention this week.

Manager's Agenda #6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-124, regarding a report on the racial makeup of the City's workforce.

Oct 31, 2011
To the Honorable, the City Council:

Please find attached a response to Awaiting Report Item Number 11-124, regarding a report on the racial makeup of the City's workforce.

Below is a summary of the attached reports:
Total Employees 2,424
Total People of Color 788 (32.51%) more than double the US Census PMSA goal of 15%. (PMSA Preliminary Metropolitan Statistical Area defined by U.S. Census as our applicant recruiting area. This is taken from the U.S. Census EEO-4 data tool for affirmative action planning purposes. The next release of this tool is scheduled for fall of 2012.)
Women 1,056 (43.56%)

Below is additional information on new hires from July 1, 2010 through June 30, 2011:
59% of all hires were people of color
46% of all hires were women
86% of all hires were Cambridge residents

Very truly yours, Robert W. Healy, City Manager

If you listened to all the misleading information that's been thrown around lately, you might find this information surprising. Perhaps you should question some of the drivel emanating from Brookford St. and Hilliard St. One of the worst aspects of municipal election campaigns is the tendency for activists with long grudges to manipulate the facts to suit their agendas.

Unfinished Business #9. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Sept 7, 2011 to consider a petition filed by Julia Bishop et al., to amend Section 17.20 of the Zoning Ordinance - Regulations for Special District 2, located in North Cambridge along Linear Park. [Order #26 adopted on Oct 17, 2011 to discharge from committee. Report placed on Unfinished Business on Oct 17, 2011.] The question comes on passing to a Second Reading. Planning Board hearing held Sept 13, 2011. Petition expires Dec 6, 2011.

Indications are that the City Council will not take final action on this petition before the municipal election, but I've seen votes taken on the eve of an election that nobody would have expected. Fear really is a great motivator.

Unfinished Business #10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Sept 7, 2011 to consider a petition to amend the Zoning Ordinance filed by Elizabeth deRham et al. The petition proposes an amendment to Section 9.16 of the Zoning which currently provides for a $100 per violation per day fine upon conviction of said violation. The amendment would provide for a fine not to exceed the maximum specified in M.G.L. Ch 40A sec.7, currently $300 per violation per day and would allow the fine to be levied at the discretion of the Superintendent of Buildings. The question comes on passing to be ordained on or after Oct 31, 2011. Planning Board hearing held Sept 13, 2011. Petition expires Dec 6, 2011.

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Oct 13, 2011 to consider a petition filed by Laura Runkel et al. to rezone 41 Bellis Circle, an area abutting the northern block of Bellis Circle, bordered on the north by the commuter rail tracks, on the south by Bellis Circle and on the east side by Sherman Street, from Residence C-1A to Residence C.

I have this theory that because so many zoning petitions were introduced recently it may be a good political move to pass one or two of the less problematic ones as kind of a "peace offering" on the eve of the municipal election. These two seem like good candidates.

Order #2. That the City Manager is requested confer with the Police Commissioner and report back to the City Council with the details of the recent string of street robberies and the police action being taken to maintain the safety of residents and report back to the City Council.   Councillor Toomey

I believe I actually saw the two perpetrators who were robbing people at gunpoint the recent night they robbed a guy on Harvard Street in Mid-Cambridge. Something at the time told me that these guys were up to no good. There have been quite a few of these robberies lately. We had a motorbike and several bicycles stolen from my block over the last few weeks. As a voter, public safety is my personal bottom line. If city councillors cannot address this most basic concern, then everything else they say and do is irrelevant. There will be a Community Meeting hosted by City Councillor Tim Toomey and the Cambridge Police Department on Wed, Nov 2 at 6:00pm in the First Floor Community Room of the Police Station (125 Sixth Street) to address the recent armed robberies in the East Cambridge and Wellington-Harrington area.

Order #3. That the City Manager hereby is requested to provide information responding to questions raised in the Ordinance Committee hearing on a proposed zoning amendment to allow the construction of basement units.   Councillor Seidel, Mayor Maher and Vice Mayor Davis

This concerns the Petition That Will Not Die from Chestnut Hill Realty, financiers of several City Council reelection campaigns. My view is that these basements should be used for storage, bicycle parking, laundry, and utilities. The only purpose of this petition is to create money. It has nothing to do with good planning or quality of life.

Order #4. That the City Manager is requested to confer with the City Solicitor to look into the feasibility of instituting a policy that, after ascertainment, if the City of Cambridge takes more than 90 days to negotiate a contract with a potential cable service provider, the potentially new service provider can operate under the same terms as the existing incumbent service provider, with the option to continue negotiation with the City of Cambridge while operating under those terms, and report back to the City Council on this matter.   Councillor Cheung

Who knows whether anything will come of this, but anything that offers even a glimmer of hope for competition with the Evil Empire Comcast is worth pursuing. Good move, Leland.

Order #8. That the City Manager is requested to confer with the Assistant City Manager for Community Development to develop a plan for obtaining regular updates from state officials and for keeping the City Council and the surrounding neighborhoods informed on the status of the future use of the courthouse in East Cambridge.   Mayor Maher

Note that on Monday, Nov 14 there will be a City Council Roundtable Meeting with Commissioner Carole Cornelison, Massachusetts Department of Capital Asset Management, and her staff, to discuss plans for the East Cambridge Courthouse site.

Order #12. That the City Manager is requested to advise the City Council as to the prudence of taking the former NBC Harvard Street lot by eminent domain.   Councillor Reeves

This is long overdue. Take note, however, that this Order does not call for the taking of this property. It merely asks the City Manager to advise the City Council as to the prudence of taking the former NBC Harvard Street lot by eminent domain. - Robert Winters

Comments?

Oct 24, 2011 Cambridge City Council Agenda Highlights - Pre-Election Posturing

Anyone who has attended a recent Cambridge City Council meeting (or any candidate forums) will have noticed the pre-election posturing and efforts to capitalize on controversy. This meeting will most likely bring more of the same. One topic that was at the heart of last week's posturing is the Bishop Petition that aims to amend the zoning in the vicinity of the Fawcett properties adjacent to the former rail line where the Linear Park now runs in North Cambridge.

Unfinished Business #9. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Sept 7, 2011 to consider a petition filed by Julia Bishop et al., to amend Section 17.20 of the Zoning Ordinance - Regulations for Special District 2, located in North Cambridge along Linear Park. Proposed amendments include: deletion of allowed non-residential uses; reduction in allowed Floor Area Ratio; increase in required lot area per dwelling unit; reduction in allowed height; new regulations for fences abutting Linear Park.

The Planning Board deliberated on the Bishop Petition on Tuesday, Oct 18. Though there is not yet a Planning Board report before the City Council, it was clear at that meeting that the Planning Board felt that the current zoning was not broken and that the existing tools were sufficient to shape whatever projects are proposed in that area. At last week's City Council meeting, the Council did vote to discharge the petition from the Ordinance Committee to bring it before the City Council, but Councillor Kelley's attempt to also move the petition to a 2nd Reading (a necessary step before advertising it and bringing it to a final vote) were soundly rebuffed 8-1. Though in this pre-election setting many councillors voiced their support of the petition, the rhetoric was much closer to that of the Planning Board in its expression that the best solution should go beyond merely changing the zoning.

Unfinished Business #10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Sept 7, 2011 to consider a petition to amend the Zoning Ordinance filed by Elizabeth deRham et al. The petition proposes an amendment to Section 9.16 of the Zoning which currently provides for a $100 per violation per day fine upon conviction of said violation. The amendment would provide for a fine not to exceed the maximum specified in M.G.L. Ch 40A sec.7, currently $300 per violation per day and would allow the fine to be levied at the discretion of the Superintendent of Buildings. The question comes on passing to be ordained on or after Oct 31, 2011.

My suspicion is that this petition may ultimately pass - possibly before Election Day. Though the Bishop Petition has drawn the most attention, the deRham Petition was filed at the same time by essentially the same people. Politically, there may be some wisdom in passing this less controversial one before Election Day if indeed the intention is to invest the necessary time to get a better resolution of the underlying issues that motivated the Bishop Petition.

Order #4. That the City of Cambridge hereby joins other communities across the country and calls upon the United States Congress to pass and send to the states for ratification, a constitutional amendment to reverse Citizens United v. Federal Election Commission and to restore constitutional rights and fair elections to the people.   Mayor Maher

This may be the first example I've witnessed of the Cambridge City Council explicitly endorsing an amendment to the United States Constitution. The merits of the proposal notwithstanding, the suggestion that this will "restore constitutional rights and fair elections to the people" is woefully naive. While many people correctly complain about the corrosive influence of money in politics, where is the civic education that's necessary for a well-functioning democracy? The national political media features the nitwits on Fox News propagandizing from the Right, and the nitwits on MSNBC propagandizing from the Left. These and talk radio are what passes today as civic education. Meanwhile the average voter is busy watching American Idol while their national elected representatives spend the majority of their time fundraising for their reelection. Focusing on the Citizens United court decision is a distraction from much more significant problems in sustaining democracy both nationally and locally.

Order #5. Amendment to Zoning Ordinances by deleting Section 6.22.2   Councillor Kelley

It's unfortunate that the text of Councillor Kelley's Order provides no clue at all as to why this amendment is being proposed other than its claim "to mitigate development and parking pressures in Cambridge neighborhoods." Perhaps Kelley will explain the motivation. A few additional "whereases" in the Order would have helped.

Order #6. That the City Manager is requested to report back on legal expenses incurred by the City for the Monteiro case and related cases.   Councillor Kelley

A handful of activists and sympathizers have been pushing this as though it is the be-all-end-all issue in the upcoming municipal election. It is not. This Order calls for an accounting of the outside legal expenses for the Monteiro case, etc.; the cost of the appeals; the cost of the settlements related to each of the parties in the original ZuckerNaut of lawsuits; the amount of money paid to Malvina Monteiro; and a report on what issues are still considered confidential and why. Ultimately it will be good to have this full story told. However, the full story should also include the background information on the functioning (or lack of functioning) of the City departments and boards over whom some of the litigants presided. The deluxe edition of the book might also include some of the political motivations as well.

This meeting will also feature a presentation from the Reeves committee (excuse me, the Red Ribbon Commission, etc.) on Central Square - well timed to occur two weeks before the election. Time will tell what the next few years will bring to Central Square. There are some who would choose to turn it into a 24-hour entertainment zone. Others want to build densely on every available parcel. It is doubtful whether the report from the Reeves committee will reveal anything particularly world-shaking. In the end, the good health of Central Square will still be determined by the individuals - residents, business owners, and property owners - who have a personal stake in the Central Square area. - Robert Winters

Comments?

Highlights of the Oct 17, 2011 Cambridge City Council agenda

First of all, take note that due to an elevator malfunction at City Hall, the City Council will meet this week at the Fitzgerald Auditorium at CRLS, 459 Broadway. There are a few items this week that should bring out the public. City Manager's Agenda #7 and City Manager's Agenda #8 are appropriations of $500,000 and $1,190,000 received by Comcast as part of their 2011 Renewal License. I suppose cash is good even when it comes from the continued domination by the Evil Empire.

Resolution #1. Urge residents to participate in Food Day which will take place on Oct 24, 2011.   Vice Mayor Davis

It's hard to say what exactly Food Day is and this resolution provides scant advice for how residents should participate other than to eat. Seems like I celebrate Food Day every day.

Resolution #23. Happy 80th Birthday wishes to a special Cantabrigian.   Councillor Decker

I'm guessing that this must be Robert Wolf, husband of Alice Wolf, but there are 30 other registered Cambridge voters who turn 80 this month. Happy birthday to all of you.

Order #3. That the Mayor is hereby requested to work with the City Council to schedule a date for a Roundtable meeting to review the census.   Councillor Reeves

In Cambridge, like anywhere else, there is Inside Baseball - the stuff that serious politicos talk about but which rarely makes it to the local press or into the conversations of most residents. When the census occurred a decade ago and was followed by legislative redistricting, Cambridge ended up being carved up like a Thanksgiving turkey. My recollection is that in order to prevent two popular incumbents in Newton from having to face off against each other, several of the principally Cambridge State Rep. districts were sacrificed and made part of districts that were mainly in neighboring towns. We ended up with 6 districts - most of which were nearly impossible for a Cambridge candidate to win. Only the districts of Representatives Toomey and Wolf were held harmless.

Most consequential was the way that the district formerly held by Saundra Graham, Alvin Thompson, and then Jarrett Barrios was scattered. The Inside Baseball story has it that when it became known that Barrios was going to vacate the seat in order to run for State Senate, it was considered OK to not protect that district and that Barrios did nothing to prevent this. At some level, who cares? We end up with 6 state reps. who we can talk to about relevant Cambridge issues instead of, perhaps, 3 all-Cambridge districts. The bitter issue was that aspiring Cambridge political people who might have sought those state seats found their options limited. There are many insiders who are still angry 10 years later at Jarrett Barrios who they blame for the current configuration.

So now it's census time again. Word has it that the proposed new districts will be revealed this Tuesday, Oct 18. Will the map be redrawn in a manner that benefits some councillors and others who might consider a career move? Stay tuned....

Order #5. That the City Manager is requested to appoint a committee to explore the feasibility of establishing a Cambridge Museum that will serve as repository of Cambridge history.   Councillor Simmons, Councillor Toomey, Councillor Cheung and Mayor Maher

There is no doubt that the need exists and will always exist to have secure locations for the wealth of historical documents and artifacts of our very old and historic city. In addition to the Cambridge Historical Commission and the Cambridge Historical Society, we now also have a Cambridge Room at the new library and a staff archivist. This Order proposes to explore the possibility of creating a new Cambridge Museum in which the public may commune with the city's history. This is unquestionably a good idea in the long term, but can we sustain all of these historical venues? Where would you locate such a new venue and who would be the target audience? In any case, the idea deserves a complete and critical evaluation - even if the end result is better support and enhancement of the existing venues.

Order #6. That the City Manager is requested to instruct the City Solicitor to prepare language for an ordinance to ban the use of brakeless bikes in Cambridge.   Vice Mayor Davis

See http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter85/Section11b. In particular:

"Every person operating a bicycle upon a way...shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section, except that: ...(3) bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety, unless otherwise directed by local ordinance." and "Every bicycle operated upon a way shall be equipped with a braking system."

Councillor Davis' Order is already part of state law and is therefore moot. Whether or not it's enforced and by whom it is enforced are open questions. Thanks to John Allen for the references.

Order #11. That the City Manager is requested to confer with the Traffic, Parking and Transportation Department and the Community Development Department to investigate how to make the Follen Street/Little Concord Avenue intersection safer for pedestrians, bicyclists and motorists.   Councillor Cheung

Here we go again. The City has made some good decisions regarding bicycle infrastructure and some horrible decisions. The Little Concord Avenue design is poor (see John Allen's May 16, 2011 critique and his May 20 followup remarks), but not nearly as dreadful as the "cycle track" installed on Vassar Street. The City is now going full speed ahead to implement this same absurd design on Western Avenue (see John Allen's Oct 27, 2010 remarks and Paul Schimek's Aug 10, 2010 letter). Pedestrians and cyclists beware.

Order #23. City Council opposition to cuts to Medicare and Medicaid benefits and support of the American Jobs Act.   Councillor Decker

My guess is that two items will bring people out for Public Comment at this meeting. This one will likely bring a few visitors to talk about national politics. The following item (the Bishop Zoning Petition) will likely bring the lion's share of comment even though it remains in committee and is not before the City Council for action at this meeting.

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on Sept 7, 2011 to consider a petition filed by Julia Bishop et al., to amend Section 17.20 of the Zoning Ordinance - Regulations for Special District 2, located in North Cambridge along Linear Park. Proposed amendments include: deletion of allowed non-residential uses; reduction in allowed Floor Area Ratio; increase in required lot area per dwelling unit; reduction in allowed height; new regulations for fences abutting Linear Park.

Perhaps the most interesting aspect of this petition is that the affected area was already rezoned within the past decade from an industrial zone (due to it being adjacent to a former railroad line) to create Special District SD-2 primarily for the purpose of encouraging the transition toward residential use. Now that this residential use is part of an active proposal, this petition seeks to significantly reduce its density and the owner claims this will destroy its financial viability. Those advocating for this petition are trying very hard to convince the City Council to act on this petition before the November 8 municipal election. The agenda includes 18 Communications in support of the Bishop Petition.

Committee Report #2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee for a public meeting held on Oct 6, 2011 to discuss the Austin, Texas "Parking Benefit District Pilot Program" and any other city parking issues.

Contained within this report is a proposal that should infuriate Cambridge residents who own cars and who do not have private driveways or garages. A letter from Chris Summerfield (153 Lexington Ave., but he's not listed in either the voter database or the 2011 street listing) requests a change to the Traffic, Parking and Transportation regulations that would strictly prohibit parking within 15 feet of the center line of any public or private driveway. This is currently only enforced where necessary and where the vicinity of the driveway is appropriately signed. Councillor Kelley commented that no one is supposed to park ten feet from either side of any driveway - something that may be the practice in Wellesley but one which would eliminate hundreds of parking spaces if enforced in Cambridge.

Though Traffic Director Susan Clippinger stated that you can park 3 feet from the edge of a driveway, everyone knows that this is only enforced where it makes sense to do so. Miraculously, we all seem to get along as long as people can navigate their way in and out of their driveways. Nonetheless Councillor Kelley proposes an Order that would wipe out hundreds of on-street parking opportunities by being overly and unnecessarily restrictive. It's worth noting that the only people present at this hearing were Councillor Kelley, Sue Clippinger, Deputy City Clerk Donna Lopez, and Chris Summerfield. There were no other elected officials present. - Robert Winters, resident and on-street parker

Comments?

Highlight of the Oct 3, 2011 City Council agenda

There is nothing especially significant on this week's agenda and this should be a short meeting. There is one noteworthy item that could potentially impact quality of life and public safety somewhere down the road:

City Manager's Agenda #3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 11-63, regarding the impact of the Batelle Study recommendation on Cambridge and Awaiting Report Item Number 11-110, regarding a report on the impact the proposed alternative route would have on Cambridge Non-Radioactive Hazardous Materials traffic.

October 3, 2011

To the Honorable, the City Council:

In response to Awaiting Report Item Number 11-63, regarding the impact of the Batelle Study recommendation on Cambridge and Awaiting Report Item Number 11-110, regarding a report on the impact the proposed alternative route would have on Cambridge Non-Radioactive Hazardous Materials traffic, please be advised of the following:

Boston is seeking MassDOT and FHWA permission to ban Hazardous Materials through trucks (the majority are gasoline, diesel and home heating oil carriers) from downtown Boston. They are proposing Rt. 128 as the alternate route. Although the alternative route is a positive, most trucks would use the City of Cambridge as their alternate route rather than Rt. 128. A copy of the City's response in opposition to the Boston through truck ban is attached.

Very truly yours, Robert W. Healy, City Manager

---

September 22, 2011

Thomas F. Broderick, P.E.
Acting Chief Engineer
MassDOT
10 Park Plaza, Suite 4160
Boston, MA 02116
ATTN: BOSTON HAZMAT ROUTE

Re: Boston Non-Radioactive Hazardous Materials Routing.

Dear Mr. Broderick,

The City of Cambridge has a long history of working to protect residents in Cambridge from the adverse noise impacts of through trucks. These impacts are most adversely felt at night when residents are trying to sleep.

The City's location is particularly challenging, situated between exit 18 on the Masspike (I-90) where HAZMAT is restricted east of that location and the fuel farms and depots in Chelsea and Revere; the City currently experiences a lot of through trucks and every street in the City has residents living along it.

In 1998 the City did a cordon count around the City including truck counts and recording the hazardous placards. At that time approximately 14,000 trucks passed through the City or about 2,450/week. This is more than twice the 1200 shipments per week that Batelle estimates are traveling through downtown Boston. This volume is likely to have grown. Of the hazardous materials carriers 90% were gasoline, fuel oil and diesel. Of the 25 locations with the highest number of hazardous carriers - 59% were gasoline predominately in trailer trucks and 32% were fuel oil/diesel predominately in single unit trucks. These are exactly the kinds of through trucks that Boston is trying to restrict. We believe that almost every truck that Boston restricts will end up going through the City of Cambridge unless the Cambridge route is also restricted.

The difficulty with Boston's proposed restriction is that it is addressing a regional issue with only a local solution. Cambridge also experiences a high volume of cut through trucks which we have always advocated should be using I-93/I-95 rather than cutting through the City. However, unless Boston's through truck restriction also restricts through trucks on the alternate routes through Cambridge that were studied, we cannot support Boston's restriction.

We support their recommended alternative route of I-93/I-95. However, we do not believe the trucks will divert that far out of their way. The Batelle study showed that the Cambridge route did not meet the criteria for an acceptable alternate route. The Cambridge routes have more nighttime residents along them than any other route and are no safer than the route through Boston. The alternate route designation has no control over the route the trucks will choose and cannot prevent them from shifting their through route into Cambridge. Boston's requested truck restriction does not offer a through truck restriction in Cambridge which is required if trucks are truly going to be diverted to I-93/I-95.

Through trucks volumes, especially the gasoline and fuel/diesel carriers are currently using both a routing through downtown Boston and a. routing through Cambridge. A restriction in Boston may improve public safety there but it will dramatically degrade public safety in the City of Cambridge.

Cambridge had the courage to provide a signed truck route through the City. We have tried to be reasonable and also protect residents from the adverse noise impact of nighttime trucks. If the Boston restriction is approved, the safety and quality of life for Cambridge residents would be sacrificed.

The Batelle study shows that alternative routes 2 and 5 through Cambridge do not meet the criteria for an acceptable and safe alternate route. The acceptable alternative route is I-93/I-95. However, nothing is offered that would restrict those trucks from using Cambridge as alternate route instead. The City of Cambridge is strongly opposed to Boston's currently proposed restriction because a through truck restriction in downtown Boston would not divert trucks to the proposed alternate route (I-93/I-95) but would instead divert them through the City of Cambridge.

Very truly yours, Robert W. Healy, City Manager

The letter from Mr. Healy really says all that needs to be said. A hazardous materials truck ban in Boston could easily lead to Cambridge being a preferred cut-through - unless appropriate steps are taken to prevent this. One need only look to the fact that when the Prudential Center was built over the Massachusetts Turnpike Extension, such trucks were banned on that road, and Cambridge has been dealing with the consequences of their exiting at the Allston-Brighton tolls ever since. - RW

Comments?

The Taxman Cometh - Highlights of the Sept 26, 2011 City Council agenda

In addition to the Executive Session delayed from last week by the Charter Right of Councillor Seidel, the top item tonight is the public hearing and the usual series of City Council votes that will ultimately lead to the setting of the residential and commercial tax rates for the current fiscal year, FY11-12. As Mr. Healy likes to remind the Council in his remarks, the City does not technically set these tax rates. They merely take the votes that ultimately lead to the state Department of Revenue setting the rates.

It's unclear whether the Executive Session (relating to the now-settled Monteiro case and two other pending milkings of Mother Cambridge) will take place early in the meeting or after all other business is dispensed with. Ultimately, the primary purpose of the session is to help Councillor Kelley determine what particular negatives should appear in his campaign literature. Anyway, the important item is this one:

Manager's Agenda #1. Transmitting communication from Robert W. Healy, City Manager, relative to the votes necessary to seek the Massachusetts Department of Revenue approval for the tax rate for FY2012:

A. Authorize the use of Free Cash of $11,300,000 to reduce the FY12 tax rate;

B. Authorize $2,000,000 in overlay surplus/revenues to be used for reducing the FY12 tax levy;

C. Authorize $5,150,000 from the Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

D. Authorize $632,470 from the School Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

E. Classify property into five classes;

F. Adopt the minimum residential factor of 56.2602%;

G. Approve the maximum residential exemption factor of 30% for owner-occupied homes;

H. Vote to double the normal value of the statutory exemptions;

I. Vote the FY12 exemption of $285.00 allowed under MGL Chapter 59, Section 5, Clause 17D;

J. Vote the FY12 asset limits of $56,695 allowed under MGL Chapter 59, Section 5, Clause 17E;

K. Vote the FY12 income and asset limits allowed under MGL Chapter 59, Section 5, Clause 41D as follows: Income limits of $23,442 for single and $35,163 for married; and asset limits of $46,883 for single and $64,464for married;

L. Vote the income limit for deferral of real estate taxes by elderly persons as determined by the Commissioner of Revenue for the purposes of MGL Chapter 62, Section 6, subsection (k) for a single person ($51,000) and for married ($77,000);

M. Vote to accept Clause 56 of G.L. c. 59, Section 5, which allows members of the Massachusetts National Guard or military reservists who are on active duty to obtain a reduction of all or part of their real and personal property taxes for any fiscal year they are serving in a foreign country.

Text of the City Manager's message. The tax districts are shown below.

Key Facts:

1) The final property tax levy for FY12 will be $299,090,641, an increase of 5.33%.

2) Based on a property tax levy of $299.1 million, the FY12 residential tax rate will be $8.48 per thousand dollars of value, which is an increase of $0.32, or 3.9% from FY11. The commercial tax rate will be $20.76, which is an increase of $0.86, or 4.3% from FY11. [These are upon final approval by the Massachusetts Department of Revenue.] Both increases in the tax rate are less than FY11.

3) In FY12, commercial property owners will pay 65.4% of the property tax levy, the same share as in FY11. Consequently, residential property owners' share of the FY12 tax levy is 34.6%, also the same as in FY11.

4) Approximately 63.9% of residential taxpayers will see a reduction, no increase or an increase of less than $100 in their FY12 tax bill. In addition, another 22.8% of residential taxpayers will see an increase between $100-$250. Therefore, a total of 86.7% of the residential taxpayers will see no increase or an increase of less than $250.

5) The Residential Exemption for the fiscal year will be $198,085 with a resulting tax savings of $1,679.76.

6) The changes in median assessed value and tax bill by property class are shown in the following table:

These figures are not uniform throughout the city. Values and taxes vary greatly by neighborhood.

• The median value of a single-family home ranges from a high of $2,448,500 in Tax District R10 (Brattle St. area) to a low of $403,500 in District R1 (everything east of Windsor St.).
• The median value of a condo ranges from a high of $1,269,700 in District R10 to a low of $318,750 in District R4 (Harvard edge of Mid-Cambridge).
• The median value of a two-family home ranges from a high of $1,915,800 in District R10 to a low of $449,600 in District R1.
• The median value of a three-family home ranges from a high of $2,940,300 in District R10 to a low of $530,000 in District R9 (Fresh Pond south toward Mt. Auburn Cemetery).

Manager's Agenda #3. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the Planning Board not to adopt the Chestnut Hill Realty Zoning Petition.

This is the beast that refuses to die. The Planning Board panned it once, and now twice. The petition is all about shoehorning more apartments into below-grade, basement apartments so that the property owners (Chestnut Hill Realty) can make even more money. They first tried to call these "workforce housing" as if to suggest they were planning to house cooks and housekeepers in their overpriced new units. What makes the petition interesting is the fact that Chestnut Hill Realty has contributed handsomely to the political campaigns of several incumbent city councillors - typically giving maximum $500 donations from many principal players in the company and several members of their extended families. It's always entertaining to watch the votes on these things.

Resolution #3. Resolution on the death of Noel Johnson.   Vice Mayor Davis, Councillor Simmons

I salute a fellow member of the Central Square Advisory Committee from Pine Street in the Area 4 neighborhood. Rest in peace, Noel.

Resolution #5. Encourage residents to attend Cambridgeport History Day on Oct 1, 2011.   Vice Mayor Davis

This is something everyone should attend if in town that day. I'm scheduled to co-lead a history-themed bicycle ride that day from Charlestown to Lowell. October 1 must be a Big Day for historical explorations.

Resolution #12. Congratulations to The Dance Complex on its 20th anniversary.   Councillor Simmons

And especially to my good friend Rozann Kraus who has helped to guide the Dance Complex from its inception 20 years ago to today.

Order #5. Seeking intervention from Federal officials in keeping the Inman Square and MIT Post Offices open.   Mayor Maher

This Order is co-sponsored by all 9 city councillors, yet I have yet to see any analysis that suggests that either of these post office branches is necessary or even well-utilized.

Committee Report #1. 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 Aug 29, 2011 to discuss policy development on community benefits as mitigation for zoning amendments and dedication of street corners.

Suffice to say that "community benefits" not directly related to burdens caused by new development (as a result of zoning changes) should never be characterized as "mitigation". A better term might be "extortion" or "pay to play". As I have said repeatedly (and apparently to the deaf ears of councillors determined to say yes to any and all new development resulting in more money to spread around to their favorite charities), this is a dangerous road to go down. The clear message is that if you are willing to pay to play, zoning for higher density is for sale. It is difficult to see what, if any, connection this has to rational planning for a better city. - RW

Comments?

A Quick One - Highlights of the Sept 19, 2011 City Council agenda

The Cambridge City Council meeting this week has the lightest of agendas and virtually nothing of any real interest. I'll highlight only two items and make minimal comments on each.

City Manager's Agenda #1. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation for the City Council to move to Executive Session to discuss Awaiting Report Item Number 11-117.

This relates to the resolution of the unfortunate Monteiro case and (I believe) what can and cannot be publicly discussed regarding the other two shakedowns by one former and one current City employee that have yet to be completely adjudicated. Brookford Street in North Cambridge is certain to have one less person for dinner during public comment while that 20-year-long vendetta continues.

Order #5     Sept 19, 2011
COUNCILLOR CHEUNG
WHEREAS: The Department of Public Works reported a series of procedural changes it would be undertaking this upcoming winter to deal with snow; and
WHEREAS: In response, residents have expressed opinions and raised questions about additional options for handling large amounts of snowfall; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the feasibility of the Department of Public Works using machines such as Bobcats to do a single pass through neighborhoods and retail streets to clear snow from sidewalks after a large snowfall.

This is a great Order from Councillor Cheung - at least the part about retail streets. I've been saying for years that this should be done in commercial districts if for no other reason than the fact that commercial property owners pay the majority of taxes. Also, facilitating access to commercial areas, especially when driving is a less attractive option, is a great service for residents and would greatly support local retail. The suggestion of doing this through all neighborhoods is, in my opinion, unrealistic. There's just too much mileage and everyone in Cambridge knows that our sidewalks are not exactly uniform surfaces. Residential property owners are more than capable of taking care of the sidewalks in front of their homes. - Robert Winters

Comments?

Back to School - Highlights of the Sept 12, 2011 City Council agenda

The Cambridge City Council returns from summer vacation this week. Among the 32 items on the City Manager's Agenda, 83 Resolutions, and 42 Orders on the agenda for this Monday's meeting, a few items stand out:

Manager's Agenda #3. Transmitting communication from Robert W. Healy, City Manager, relative that the City Council formally appropriate/allocate the Community Preservation Act (CPA) funds as follows:

1A. 80% of FY2012 CPA Local Fund revenues ($5,400,000) allocated to Affordable Housing and appropriated to the Cambridge Affordable Housing Trust;
1B. 10% of FY2012 CPA Local Fund revenues ($675,000) allocated to Historic Preservation;
1C. 10% of FY2012 CPA Local Fund revenues ($675,000) allocated to Open Space;
2A. 80% of FY2011 State Match revenues ($1,480,000) allocated to Affordable Housing and appropriated to the Cambridge Affordable Housing Trust;
2B. 10% of FY2011 State Match revenues ($185,000) allocated to Historic Preservation;
2C. 10% of FY2011 State Match revenues ($185,000) allocated to Open Space;
3A. 80% of the Fund Balance ($800,000) allocated to Affordable Housing and appropriated to the Affordable Housing Trust;
3B. 10% of the Fund Balance ($100,000) allocated to Historic Preservation;
3C. 10% of the Fund Balance ($100,000) allocated to Open Space; and
4A. Appropriate ($7,500) from the Fund Balance the cost for the Community Preservation Coalition Membership Dues.

http://www2.cambridgema.gov/cityClerk/cmLetter.cfm?item_id=20017

This item is noteworthy every year only because the allocation NEVER changes and will NEVER change. Most people who have in the past advocated for a change in the allocation percentages don't even bother attending the hearings any more. The die was cast in 2001 and it will NEVER change even if all of the city councillors were not around back then. There may be good reasons for maintaining the 80-10-10% allocation, but there's nothing democratic about it. By the way, if you read the detailed report you'll see that a sizable portion of the historic preservation allocation also goes toward "affordable housing".

Order #1. That the City Manager is requested to report back on the feasibility of giving residents the option to "go paperless" with their City bills including water, real estate, excise and any other notice or communication the City regularly sends residents.   Councillor Cheung

Another good initiative from Councillor Cheung. I'd be just as happy with an e-mail alert. Where do I sign up?

Order #8. That the City Manager is requested to work with the relevant departments to explore the possibility of placing a city-owned shelter at the bus stop at the corner of Brookline Street and Erie Street, and other bus stops next to senior apartment buildings, which do not currently have shelter.   Councillor Simmons

This one's notable only in that I believe this request from Councillor Simmons has gone in many, many times before. The street corner mentioned in the Order is across the street from Councillor Simmons' insurance office. It's nice to know that at least one of the councillors has a job outside of politics. Oh yeah, there's that oft-stated myth of the "full time city councillor." Slackers.

Order #10. That the City Manager is requested to work with relevant City departments to identify expedient and cost-effective ways to inform Cambridge residents, especially Cambridge seniors, of the city's shift to single stream recycling.   Councillor Simmons

There are a few things worth saying here. First, as a member of the City's Recycling Advisory Committee and, in particular, its Outreach Subcommittee, I bear some responsibility for this. The greatest difficulty, however, is the same as with educating voters about the upcoming municipal election. How do you reach the majority of Cambridge residents when there's an important story to tell? The reality is that it's easier to inform residents in a distant suburb than it is a large city (Cambridge) on the edge of a bigger city (Boston). Out in the suburbs, there's a good chance that many residents actually read the local news.

Where do Cantabrigians get their news? Once upon a time, it may have been from the Cambridge Chronicle, but today it's much more likely that if a resident even bothers to read the news, it's probably from the Boston Globe or the New York Times or from one of the major news networks. It is highly likely that most Cambridge residents don't know who the current mayor is or what form of municipal government we have. The only reason that they might know the rules about recycling is because they have to take out the garbage once per week and the City was kind enough to deliver a big blue recycling toter last year.

Unless there's some kind of Lazarus-like uplifting of the local news (either print or online), I guess we'll all just have to tweet, tweet, tweet about what's happening locally. Mailings won't do it. Perhaps one day all of the local neighborhood groups will get their acts together and grow widely subscribed listservs or similar tools and that they'll carry much of the burden of civic education. Unfortunately, they're just as likely to turn into shallow forums for what Al Vellucci used to call the self-annointed, self appointed. In the meantime, just go visit your neighbor and show them the ropes about single stream recycling. It's not rocket science. While you're there, tell them there's an election coming up.

Order #20. That the City Council vote to file a Zoning Petition amending Section 20.300 Central Square Overlay District of the Zoning Ordinance by deleting Section 20.304.5.3 b.   Councillor Reeves

O-20     Sept 12, 2011
COUNCILLOR REEVES
WHEREAS: Central Square is widely regarded as a thriving entertainment and cultural district; and
WHEREAS: Many successful restaurants and nightclubs contribute to its vibrancy; and
WHEREAS: Opportunities to further enhance the vibrancy of Central Square are limited by a provision in the zoning language for the Central Square Overlay which requires that the principal public entrance be on Massachusetts Avenue; and
WHEREAS: That restriction has the effect of rendering what is a square into a linear strip and preventing active ground floor uses along such principal locations as Prospect Street; and
WHEREAS: In all other areas of the City such uses are permitted in the other Business B Zoning Districts; now therefore be it
ORDERED: That the City Council vote to file a Zoning Petition amending Section 20.300 Central Square Overlay District of the Zoning Ordinance by deleting Section 20.304.5.3 b. which reads as follows:

b. Bar or establishment where alcoholic beverages are consumed and where dancing and entertainment is provided, dance hall or similar places of entertainment; Section 4.35 g shall be permitted only if the principal public entrance or entrances are directly from Massachusetts Avenue or Main Street.

I'm sure this is very well-intentioned and may even solve a problem here or there. On the other hand, one should be mindful of unintended consequences, especially when it comes to those areas where commercial activity (and especially alcohol-fueled commercial activity) operates close to residential areas. Does everyone remember what a zoo it was on Brookline Street when the Man Ray club would let out at the end of the night. That was pure torture of the residents in that area. Now imagine opening clubs on Essex Street or Norfolk Street or Pearl Street or Temple Street. Is that really what we want to encourage?

It seems likely that the impetus of this Order was a particular business owner who wanted an exception. If the proposed location was, for example, Prospect Street, then it seems as though a variance would be in order. Would a blanket right to open potentially noisy and rowdy clubs on the side streets of Central Square make for good public policy? That's debatable.

Order #23. That the School Committee is requested to direct the Superintendent to confer with the City Manager and relevant members of the City and School Department staffs to determine what changes need to be made to playgrounds and playing fields associated with Cambridge Public Schools in order to best support the Innovation Agenda.   Councillor Kelley

Order #30. That the City Manager is requested to confer with the appropriate department heads and the School Committee to see that the request for a new playground for the Amigos School be placed high on the list for playground renovations.   Councillor Cheung

Order #33. That the City Manager is requested to confer with the appropriate department heads and the School Committee to look into the budgetary impact of implementing the Intel 1:1 eLearning program and report back to the Council on this matter in advance of the next budgetary cycle.   Councillor Cheung

I've grouped these three Orders together because they all involve the City Council apparently intervening in what would appear to be the responsibilities of the elected School Committee. Should the School Committee start advising the City Council on zoning matters? The content of each of these three Orders seems like perfectly good suggestions. Perhaps Citizens Kelley and Cheung should present their ideas at the next School Committee meeting. I'm sure they'd get a fair hearing.

Order #24. That the City Manager is requested to report back to the City Council at its Sept 19th meeting on the status of any cases for which the recently concluded Monteiro case might be relevant. To the extent that public discussion on some aspects of these cases may be detrimental to the City's legal position, the City Council may go into Executive Session, but Executive Session would be as limited as possible.   Councillor Kelley

Does anyone actually believe that Councillor Kelley has kept the proceedings of these Executive Sessions confidential? Not content to undermine the City's position via private conversation, this Order seems mainly like a request to do so publicly.

Order #26. That the City Manager is requested to confer with the Director of the Cambridge Public Library to reconsider the protocol of having wireless internet access on only the first floor of the public library.   Councillor Decker

My Ipad seems to work just fine on the 2nd floor of the Main Library. In fact, it seems to work fine for everyone else who was surfing the Internet the last time I was there. In fact, the only annoyance on the 2nd floor was the Libary staff person who could not keep his voice down while on the phone. I felt like going over to him to say, "Sshhh. This is a library."

Order #29. That the City Manager is requested to increase enforcement against bikers that endanger pedestrians and report back to the City Council with a plan of action on these two orders.   Councillor Cheung

Knock yourself out going after the bikers who are fewer and far less dangerous that the motor vehicle drivers. Meanwhile, the City is going full steam ahead with its plan to move bicycles off the street on Western Avenue and onto the sidewalk. Go figure.

Order #36. That the City Manager is requested to confer with the appropriate department heads to implement stricter laws and increase police presence on Broadway to decrease the number of abnormally noisy trucks and unmuffled motorcycles during the night hours.   Councillor Cheung

As a resident of Broadway, I can testify to this complaint. The worst is when the high school lets out and the nitwits cruise Broadway in loud cars and mufflerless motorbikes to show off their empty skulls. They're worse than the trucks. A few well-positioned police officers could solve this problem quickly, but the police are nowhere to be seen. The heavy trucks are most likely a temporary problem associated with the construction at the high school and at the Fogg Museum. Councillor Cheung's watch must be off because the problem is far greater during the daytime hours than at night.

Order #37. That the City Manager is requested to report back to the City Council on the racial makeup of the City's workforce by level and department.   Councillor Cheung

Are we going back to racial quotas? If so, is the goal to have the City's workforce match the demographics of the most recent US Census? Is there an intent here that every individual department and every level should meet predetermined racial quotas?

Committee Report #1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel, Chair of the Ordinance Committee for a public meeting held on July 13, 2011 to consider a petition for a zoning amendment filed by the Massachusetts Institute of Technology (MIT) to create a new Section 13.80 entitled PUD-5 District and amend the Zoning Map accordingly. The petition would rezone a 26-acre parcel in the Kendall Square area.

This zoning petition remains in committee. The expiration date of this petition is October 11. There are still a lot of unresolved matters about the proposed zoning. There has been compelling testimony questioning whether MIT should be developing commercial frontage or non-student housing in Kendall Square at all. Much of the testimony seems to be asking MIT to dedicate most of its Kendall Square development to non-academic purposes. Neither of these extremes seems likely. Unless some kind of Solomonic wisdom prevails during the next month, there's a good chance that this petition will end up getting re-filed. - Robert Winters

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