Tuesday, January 17, 2023 at 6 PM

Agenda 11 items

1. 1.
   22-2073 Committee Minutes Approved

   Approval of the Legislative Matters Committee Minutes of November 29, 2022.

   Roll call: 4 aye · 1 absent

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Absent
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Minutes - Leg Matters - 11-29-22 Full
2. 2.
   22-1453 Order Recommended to be approved

   That the City hereby adopts the provisions of Chapter 90, Section 20A of the Massachusetts General Laws.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with item 22-1452. Dir. Sahni explained that adopting Section 20A and rescinding Section 20A\'bd would allow for automated parking enforcement. Dir. Rinfret presented on the attached slides and spoke to the advantage of installing automated sensors in problem areas, such as the bus stop outside of the Bfresh in Davis Square.\par \par Councilor McLaughlin had questions about whether the automated technology could use the license plate information it gathers for other means, and whether adopting Section 20A over 20A\'bd would have other implications. Councilor Scott raised a question about the timeline and costs of installation, which led to a discussion about potential ticketing processes and staffing logistics. Dir. Rinfret stressed that the city will not pay a price per unit for the parking devices, but that the company will take a percentage of each ticket paid. Moreover, the devices are expected to catch more violations than a patrolling officer could, which will generate revenue for the city. A point of concern for multiple councilors was how the automated technology would interact with the Surveillance Technology Ordinance.\par \par \i\f1 Chair Davis made a motion that the Council amend the Surveillance Technology Ordinance to clarify that it covers cameras used for traffic or parking enforcement. Councilor Scott suggested amending the motion to specify automated enforcement, which Chair Davis accepted. The final motion text is: \i0\ldblquote That the Council amend the Surveillance Technology Ordinance to clarify that it covers cameras used for automated traffic or parking enforcement.\rdblquote\i\par \pard\cf1\i0\par }

   Roll call: 4 aye · 1 absent

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Absent
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Legislative Matters - 2023-1-17 Safety Stick Final (with 22-1453)
3. 3.
   22-1452 Order Recommended to be approved

   That the City hereby rescinds its adoption of the provisions of Chapter 90, Section 20A½ of the Massachusetts General Laws.

   Roll call: 4 aye · 1 absent

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Absent
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye
4. 4.
   22-1057 Order Recommended to be marked work completed

   That the Chief of Police report to this Council, any communications between the Police Department and ShotSpotter regarding ambiguous or contested detections.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Taken together with 22-1056 and 23-0085. Ms. Willis gave an overview of Shots Fired calls for service and data. There were 19 confirmed Shots Fired calls citywide in 2022; the same in 2021. Further analysis from Ms. Willis shows that over 2.5 years, 25% of confirmed Shots Fired calls were reported only by ShotSpotter and not 911. Councilor Scott noted the number of times ShotSpotter activated for shots not confirmed by SPD, but Ms. Willis clarified that unconfirmed shots could still be live gunfire.\par \par Councilor McLaughlin asked about shooting trends in recent years. Ms. Willis said that there was a spike starting in 2020, but the rates are starting to decline again. Chair Davis suggested making this request for data annual.\par \pard\cf1\f1\par }

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Legislative Matters - 2023-1-17 Response Final (with 22-1057)
5. 5.
   22-1056 Order Recommended to be marked work completed

   That the Chief of Police report to this Council, any verified or suspected false reports of gunshots by ShotSpotter.

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye
6. 6.
   22-2050 Mayor's Request Recommended to be approved as amended

   Requesting ordainment of an amendment to Chapter 7, Article X of the Code of Ordinances, to add a registry component to the short-term rentals ordinance.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Dir. Sahni and Dir. Antanavica gave an overview of the most recent draft of the amendment, noting that the effective date and registration fee fields were left blank for committee deliberation. Dir. Antanavica suggested a start date of April 1 and an annual registration fee of $250.\par \par Citing concerns that property owners could exploit the language around primary residences, Chair Davis moved to add renewal to the definition of Primary Residence to read: \ldblquote\'85Primary residence shall be demonstrated by showing that as of the date of applying for registration \i or renewal\i0 as a short-term rental, the operator has resided in said residential unit for nine of the past 12 months or that the operator intends to reside in the residential unit for nine of the next 12 months, in accordance with the proof of primary residence requirements set forth below.\rdblquote \i\f1 The motion was approved with a roll call vote of all in favor (Councilor Scott, Councilor McLaughlin, Councilor Burnley, Councilor Kelly, and Chair Davis), none opposed, none absent.\par \i0\f0\par Concerns discussed during the meeting include enforcement of the ordinance, communication with property owners to ensure they are notified of the changes, and the potential of placing undue burden on residents with in-house inspections and other additions.\par \par Chair Davis moved to set the effective date to April 1 and tabled the motion. Then, he moved to revise the proposed amendment to set a registration fee of $250, and took the first motion off the table to vote together. \i\f1 The motions were approved with a roll call vote of 4 in favor (Councilor Scott, Councilor Burnley, Councilor Kelly, and Chair Davis), 1 absent (Councilor McLaughlin), and none opposed.\i0\f0\par \par Dir. Sahni pointed out missing dates in Sec. 7-254, subsection i. Dir. Antanavica recommended allowing 90 days past the effective date to apply for a certificate, and an extra 90 days to obtain the certificate. \i\f1 Chair Davis made a motion to replace the empty brackets in subsection i with 90 and 180, respectively, such that the new text reads: \ldblquote Operators offering a Short-Term Rental that was lawfully operating in conformance with this article at time of passage of the registration requirements shall apply for a certificate of registration within \ul 90\ulnone days and obtain a certificate within \ul 180\ulnone days of the registration effective date.\rdblquote The motion was approved with a roll call vote of all in favor (Councilor Scott, Councilor McLaughlin, Councilor Burnley, Councilor Kelly, and Chair Davis), none opposed, none absent.\par \i0\f0\par Chair Davis made a motion to recommend approval of the proposed ordinance as amended.\par \pard\cf1\f1\par }

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Existing STR Ordinance with Proposed Registration Changes Accepted
   • 📎 11-22-22_Existing STR Ordinance with Registration Tracked Changes
   • 📎 11-29-22_Existing STR Ordinance with Registration Tracked Changes
   • 📎 Legislative Matters - 2023-1-17 Existing STR Ordinance with Registration Tracked Changes (with 22-2050)
   • 📎 WORD FILE_2023-1-17 Existing STR Ordinance with Registration Tracked Changes
   • 📎 01.26.23 CC Amendment - Chapter 7 Article X Short-Term Rental Registration
7. 7.
   23-0084 Mayor's Request Kept in committee

   Requesting the adoption of the Specialized Energy Code, 225 CMR, Sections 22 and 23, including Appendices RC and CC, in their entirety as the minimum energy code for the City.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Dir. Sahni said that the requested adoption date is July 1, and explained that the adoption would affect both residential and commercial codes and aid in meeting zero net energy goals. Dir. Blais shared plans to hire a consultant that will analyze potential impacts of the new code on Somerville development and the review process, recommend strategic changes, if any, to zoning, and develop materials and tools for public engagement. Dir. Bartman explained how the Specialized Energy Code asserts jurisdiction over some provisions in Somerville zoning meant to give incentives for energy efficiency and density.\par \par Dir. Antanavica discussed the timelines for residential stretch code, which is already in effect, commercial code, which will start July 1, and the new building code, which will be discussed in a meeting this month. He suggested July 1 as well for the Specialized Energy Code to align with project timelines. He discussed the threshold at which residential renovations would be impacted by the new code at the request of Councilor Scott.\par \par Multiple councilors expressed a desire to delay action on the item to read through the code more thoroughly. Dir. Sahni explained that the Administration wants to be aggressive in its adoption of the code, as other cities are.\par \par Dir. Nadkarni said that there will be a larger impact on large buildings than smaller buildings, but developers should not see a major difference in costs between the current zoning and the special code.\par \pard\cf1\f1\par }

   • 📎 01.26.23 CC Specialized Energy Code
8. 8.
   23-0085 Officer's Communication Recommended to be marked work completed

   Chief of Police conveying a response to item 22-1056, an order that the Chief of Police report to this Council, any verified or suspected false reports of gunshots by ShotSpotter.

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 Shots Fired Flow Chart
9. 9.
   23-0101 Mayor's Request Recommended to be approved

   Requesting approval of a Home Rule Petition to require the adoption of Institutional Master Plans.

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 2023-Institutional Master Plan HRP_resubmittal
10. 10.
    23-0103 Mayor's Request Recommended to be approved

    Requesting approval of a Home Rule Petition to provide legal voting rights in municipal elections for residents aged 16 and 17 years old.

    Roll call: 5 aye

    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAye
    • Jefferson Thomas (J.T.) ScottAye

    • 📎 2023-16-17 year old voting HRP_resubmittal
11. 11.
    23-0104 Mayor's Request Recommended to be approved

    Requesting approval of a Home Rule Petition further defining the purposes of the Affordable Housing Trust.

    Roll call: 5 aye

    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAye
    • Jefferson Thomas (J.T.) ScottAye

    • 📎 2023-Affordable Housing Trust purposes HRP_resubmittal