CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following members of the Cambridge Police Department Traffic Division as Public Weighers to operate portable truck scales citywide for the calendar year 2008:  Lt. John Albert, Sgt. Michael Maffei, Officer William Arthur, Jr., Officer Anthony Cacciola, Officer David Szeto and Officer Timothy O'Brien

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for MICH-LIN transfer station for the calendar year 2008:  Stacey Walkinshaw Vossmer, Kimberly I. Mochi-Vendetti, Jo Ann Del Vecchio, Daniel Pasquarosa, Charles Wainwright, Charles J. Mabardy, Joseph Mabardy, Jr., James J. Mabardy and John Ferrazzini

3. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Public Weighers to operate scales for Boston Sand & Gravel Co., located at 500 Front Street:  Jake Howe, Dave Riccardi, Alan Carbone, Mike Ferguson, George Bento, Dave Thebarge, Mike Roy, Scott Prentiss, Jody Staples, Joseph Olsen, Ray Broderick, Steve O'Keefe, Bob Ferguson, Roland Baris, John Lyons & Maryann Allen

4. Transmitting communication from Robert W. Healy, City Manager, relative to the City of Cambridge receiving three Triple A rating from the nations' three major credit rating agencies.

City Manager Letter - Feb 4, 2008

To the Honorable, the City Council:

I am pleased to inform you that the City of Cambridge retains the rare distinction of being one of approximately twenty cities in the United States with three Triple A ratings from the nation’s three major credit rating agencies. The City has received Triple A ratings from the three major credit rating agencies every year since 1999.

This year, Standard and Poor’s revised its Financial Management Assessment (FMA) of the City from "good" to "strong." An FMA of "strong" indicates that practices are strong, well embedded and likely sustainable. The strong rating indicates that the government maintains most best practices deemed critical to supporting credit quality and that these are well embedded in the government’s daily operations and practices. Formal policies support many of these activities, adding to the likelihood that these practices will continue into the future and transcend changes in the operating environment or personnel.

These ratings are in conjunction with the City’s sale of $69.9 million in bonds, which will take place on Feb 5, 2008. This issue will finance such capital projects as the Main Library, West Cambridge Youth and Community Center, Public Safety Facility, Sewer and Street Reconstruction Projects, the War Memorial and CRLS Renovation Projects.

I am enclosing the rating opinion of Fitch Ratings, Moody’s Investors Service and Standard & Poor’s.

Based on this ongoing recognition from the Rating Agencies, the City Council can be justly proud of its sound fiscal policies.

Listed below are highlights from each credit agency report.

Standard & Poor’s

Standard & Poor’s Ratings Services assigned its ‘AAA’ rating, and stable outlook, to Cambridge, Mass.’ series 2008 GO bonds and affirmed its ‘AAA’ rating, with a stable outlook, on the city ’s preexisting GO debt.

The rating reflects the city’s:

• Dynamic local economy, which is centered on Harvard University and the Massachusetts Institute of Technology (MIT);

• Above-average wealth and income factors, including a high market value per capita;

• Strong financial position, due to an experienced management team, and strong management policies; and

• Below-average debt burden and manageable capital plan.

Cambridge continues to experience strong economic activity driven, in large part, by a growing pharmaceutical and biotechnology sector spun off from both universities. Since 2005, the city’s assessed valuation (AV) has grown by 10.2%, totaling $23.5 billion in fiscal 2008. The full market value of properties is currently a very high $242,015 per capita, which is a reflection of the strong commercial and industrial base, accounting for 36% of total valuation. Ongoing redevelopment projects should ensure continued tax base growth over the next several years. Based on new construction estimates and the appreciation of values of existing property, city officials estimate the tax base will continue to grow at an average annual rate of 3% through 2012.

Cambridge’s financial performance and position remains strong and stable, partly due to the city’s fiscal management and policies. The city closed unaudited fiscal 2007 with its eighth consecutive general fund surplus, increasing unreserved fund balance to a sound $134.8 million, or 35% of expenditures. Additional reserves, liquidity, and property tax levy capacity further strengthen the city’s already strong financial position. The city’s stabilization, health claims trust, and parking funds provide $52.7 million of added revenue flexibility. In addition, the city maintains a large unused tax levy capacity totaling $88.3 million (36% of gross tax levy). The excess levy capacity allows city officials to appropriate that amount, if needed, for operations or capital without the need for electorate-approved exemptions or overrides.

Cambridge’s local economy is strong and concentrated in high-tech, biotechnology, engineering, medicine, education, finance, and management consulting. The city remains a net importer of jobs; in 2007, there were 104 positions for every 100 city residents.

Following its eighth consecutive operating surplus in fiscal 2007, Cambridge’s financial position remains strong. The unreserved general fund balance totaled $134 million, or 35% of expenditures, in fiscal 2007. Over the past three years, the city’s unreserved balances have averaged 33% of expenditures, above the national average for similar-sized municipalities and above average compared with other ‘AAA’-rated cities and towns. In addition, the city’s stabilization, health claims trust, and parking funds provide $52.7 million of added revenue flexibility.

Financial Management Assessment: ‘Strong’

Standard & Poor’s revised its FMA to strong from good following the city’s adoption of a formal reserve policy and debt management policy. An FMA of strong indicates that practices are strong, well embedded, and likely sustainable. The reserve policy limits the total fund equity and the unreserved general fund to 25% and 15% of ensuing fiscal year operating revenues, respectively. The adopted debt management policy limits debt service to 12.5% of budget and principal amortization to 70% within 10 years. In addition, the city’s overall net debt per capita should not exceed 4.5% of per capita personal income and 1.5% of estimated full AV.

Additional highlights factoring into the strong assessment include:

• Monthly budget surveillance that compares budgeted expenditures with five-year budgeted actuals;

• A formal five-year budget and financial plan that is based on conservative revenue and expenditure assumptions; and

• A five-year public investment improvement program, in which management identifies projects and funding sources and links them to the city’s five-year financial plan.

Outlook

The stable outlook reflects the expectation that the city will continue to manage its financial position prudently, which it has significantly demonstrated by increasing reserves over the past eight years. The city’s economic and property tax base development is expected to continue, allowing it to maintain structural balance between revenues and expenditures while maintaining ample tax levy flexibility.

Fitch Ratings

Rating Rationale

• The longstanding presence of higher education, health care, biotechnology, and life sciences industries creates a stable, well-diversified economy.

• Exceptional financial management reflected in consistently strong financial results and reserve levels.

• Debt levels are expected to remain manageable given the city’s limited capital needs.

Key Rating Drivers

• Continued, strong financial management should enable Cambridge to maintain its superior credit rating.

Highlights

Cambridge’s well-diversified economy is characterized by favorable labor market conditions that continue to outperform those of the county, commonwealth, and nation.

Exceptional financial management and planning are demonstrated by the city’s strong financial position, characterized by ample reserve and liquidity levels. Audited results for fiscal 2007 show an unreserved general fund balance of $134.9 million, totaling a high 35.9% of spending, up from 33.6% in fiscal 2006. The fiscal 2008 budget represents a modest 4% increase in spending over fiscal 2007 budgeted levels and includes the use of about $11 million of reserves as a revenue source. The city typically budgets some use of reserves but has posted an operating surplus in each year of this decade, the result of conservative budgeting practices. Growth in the tax base has been steady at an average of 9.9% annually since fiscal 2000, and Cambridge’s substantial excess levy capacity the largest in the commonwealth along with its considerable reserve levels, provides a degree of flexibility to manage any potential tax revenue pressures associated with the regional housing market correction.

Cambridge’s direct debt burden is moderately low on a per capita basis at $2,270 and low relative to taxable assessed value (TAV) at 0.98%. Debt levels should remain manageable given the city’s limited capital needs. The city’s fiscal years 2008?2012 capital improvement plan (CIP) totals an affordable $181 million.

The city is reviewing options to manage its sizable other post-employment benefits (OPEB) liability, which ranges in value depending upon whether the commonwealth grants municipalities the right to create OPEB trust funds.

Cambridge’s financial performance has been consistently strong, characterized by ample reserves and liquidity levels, as well as significant taxing capacity under Proposition 2½. The city’s excess levy capacity for fiscal 2008 equals $88.3 million, the highest level for any municipality in the commonwealth. The excess levy capacity has grown each year since fiscal 1995, when it equaled a slim $498,000. The city’s liquidity position remains considerable; $74 million of certified free cash at the close of fiscal 2007 was the largest amount in the city’s history.

The prospects for commercial and residential development are bright. Approximately 500,000 square feet of commercial real estate is reportedly under construction, and another 3 million is in the permitting stage. The commercial market is strong, as indicated by low office vacancy rates. The city’s third-quarter 2007 vacancy rate was 9.4% and year-to-date rates are trending below 8.0%; leasing activity is reportedly robust. Overall office vacancy rates have been declining over the past several years, nearing the Boston level and remaining well below the surrounding suburban averages.

Moody’s Investors Service

Highlights

The assignment of Moody's highest quality long-term rating incorporates: an exceptionally strong financial position supported by the city's seasoned and highly effective management team, a large and diverse tax base with a significant tax-exempt sector and a favorable debt profile supported by healthy enterprise systems and significant commonwealth school building aid.

Cambridge continues to maintain a very healthy financial position given a prudent fiscal strategy implemented by a strong management team, adoption of prudent fiscal policies in its fiscal 2008 budget, steady revenue streams generated by its substantial and economically vibrant tax base and a notable degree of flexibility to address future budgetary challenges.

The city remains dependent primarily on local property taxes, which represented 59% of fiscal 2007 general fund revenues, and to a lesser extent on commonwealth aid, representing roughly 11% of fiscal 2007 revenues. Operations in fiscal 2007 yielded a surplus of over $16 million, significantly lower than the $24 million surplus from fiscal 2005 but exceeding the five-year average of $14 million.

The fiscal 2007 general fund balance increased to a robust $153 million (38.9% of general fund revenues) while the most conservative measure of legally available reserves, Cambridge's "free cash" certified by the commonwealth, totaled a sound $73.8 million (18.8% of revenues), a significant improvement from the slim $25 million free cash (8.3% of revenues) certified in fiscal 2001.

Notably, the adopted fiscal 2008 budget institutionalizes long held informal investment, debt and reserve policies that have guided and maintained the city's financial health. Despite ongoing expenditure pressures and limited opportunities for revenue growth, Moody's expects the city to remain in compliance with its policies and to continue to issue long-range projections, incorporating reasonable revenue and expenditure growth assumptions.

Key to Cambridge's robust financial position are strong reserve levels maintained in its Stabilization, Parking and Health Claims Trust Funds, totaling $52.7 million in fiscal 2007.

Additional flexibility is derived from Cambridge's ample excess property tax levy capacity under Proposition 2½, historically maintained at robust levels and currently the highest of any Massachusetts city or town. The city's excess levy capacity reached $88.3 million in fiscal 2008 and has grown by 113% since fiscal 2004 due to strong tax base growth and controlled expenditure growth.

Cambridge's sizeable equalized value of $24.5 billion is expected to experience sustained growth, reflecting ongoing development throughout the city and moderate market value appreciation, primarily in the residential sector. Fiscal 2008 assessed values grew a healthy 6% to $23.5 billion due to rebounding commercial and industrial valuations despite slowing residential growth.

Cambridge's economy benefits from the presence of Harvard and MIT--which together enroll 28,400 students and provide employment for nearly 18,000 full-time equivalent positions--and the related vibrant biotechnology employment base. Together these institutions comprise 36% of the jobs provided by the city's top 25 employers and building permits issued to the universities historically represent roughly half of the city's annual activity. Income and wealth levels are strong; despite the high student population and tax exemption of nearly one-third of the tax base, the city still maintains a solid equalized value per capita of $241,991 and Per Capita Income of $31,156, or 120% of the commonwealth median.

Moody's expects the city's below average debt burden to remain affordable given steady anticipated tax base expansion, a sizeable level of self-supporting debt, and a rapid principal retirement schedule.

Very truly yours, Robert W. Healy, City Manager

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-10, regarding a report on phasing out 30-minute meters and replacing them with 1-hour meters.

UNFINISHED BUSINESS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on Nov 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after Feb 14, 2005. [Four sections of the proposed amendment were passed to be ordained as amended. Ordinance #1284. The remaining proposed amendments to chapter 2.74 remain on unfinished business.]

2. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

3. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Simmons.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City's self-evaluation on the website. [Charter Right exercised by Councillor Kelley on City Manager Agenda Item Number Sixteen of Dec 10, 2007. Dec 17, 2007 - Referred to 2008-2009 City Council as Unfinished Business on motion of Councillor Kelley.]

5. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Dec 12, 2007 for the purpose of considering a proposed amendment to Section 5.40 Special Dimensional Requirements of the Cambridge Zoning Ordinance by adding a new section 5.54 to protect solar energy systems. The question comes on passing to be ordained on or after Jan 28, 2008. Petition expires Mar 11, 2008.

COMMUNICATIONS
1. An incoherent rant was received from Roy Bercaw, regarding new boss same as the old boss.

2. A communication was received from Kathy Podgers, transmitting copies of three decisions issued by the Commonwealth of Massachusetts Department of Public Safety Architectural Access Board.

RESOLUTIONS
1. Urge residents to be cognizant of the staged reading of the play "Tony's Pizza" by Saul Slapikoff on Feb 18, 2008 at 7:30pm at Good Shepherd Hall at 9 Russell Avenue in Watertown.   Councillor Decker

2. Thanks to Brian Fitch for his dedication as Secretary General to the International Association of Peace Messenger Cities.   Councillor Decker

3. Resolution on the death of Private First Class Duncan Crookston.   Councillor Decker

4. Resolution on the death of Lance Corporal James Gluff.   Councillor Decker

5. Resolution on the death of Sergeant Michael Sturdivant.   Councillor Decker

6. Resolution on the death of Specialist Richard Burress.   Councillor Decker

7. Resolution on the death of Specialist Jon Schoolcraft III.   Councillor Decker

8. Resolution on the death of Staff Sergeant Justin Whiting.   Councillor Decker

9. Resolution on the death of Sergeant Tracy Birkman.   Councillor Decker

10. Resolution on the death of Rita M. (Dooley) Sullivan.   Councillor Maher

11. Support for the "Badges for Baseball" youth program and thanks to the Cambridge Police Department for their participation.   Mayor Simmons

12. Congratulations to St. Bartholomew's Episcopal Church on the occasion of its 100th Anniversary.   Mayor Simmons

13. Congratulations to the City Manager Robert W. Healy and staff on the occasion achieving a Triple A Bond rating.   Councillor Toomey

There's no record of Resolutions #14 and #15.

16. Resolution on the death of Robert H. Fennessy Sr.   Councillor Toomey

17. Resolution on the death of Elisa Simoes.   Councillor Toomey

ORDERS
1. Cancellation of Mar 3, 2008 City Council meeting to enable members of the City Council to attend the annual National League of Cities Washington, D.C. Conference.   Councillor Toomey

2. That the City Manager is requested to confer with the Director of the Municipal Cable Office to televise the Special City Council Roundtable Meeting on housing policy on Wed, Mar 5, 2008 at 5:30pm in the Sullivan Chamber.   Councillor Toomey

3. That the City Manager is requested to converse with the Cambridge Redevelopment Authority to determine all their land holdings in the East Cambridge and Kendall Square area and what plans and thoughts they have for future development in that neighborhood.   Councillor Toomey  Amended

4. That the City Manager is requested to report back to the City Council on the distinction between green space and open space and whether or not it is suitable to change the designation of Joan Lorentz Park.   Councillor Toomey  Amended

5. That the City Manager is requested to explore the potential of developing a pilot "sweep" program aimed at identifying and fining residential and commercial property owners in all city neighborhoods who willfully fail to remove snow and ice from sidewalks within 24 hours of a snow storm and explore the possibility of re-deploying current staff from their regular duties during this one-day effort in order to maximize the number of individuals enforcing the city's snow removal ordinance.   Councillor Maher  Amended

6. That the City Manager is requested to confer with the Assistant City Manager for Community Development with the view of having staff study whether developing some design standards for as-of-right construction would be beneficial to the community, and that a report be made to the Ordinance Committee for a preliminary discussion.   Councillor Maher

7. That the City Manager is requested to confer with Traffic, Parking and Transportation Department and report back on the sudden increase of meters that need to be repaired.   Councillor Toomey

8. That this City Council go on record urging Smithfield Foods to drop their unjust and frivolous lawsuit against Jobs with Justice, the United Food and Commercial Workers and other union supporters.   Councillor Decker, Vice Mayor Murphy, Councillor Seidel, Councillor Toomey, Councillor Maher, Mayor Simmons and Councillor Reeves

9. That the Government Operations Committee of the City Council take up the matter and recommend a process for naming public parks and other public entities.   Councillor Davis

10. Dedication of an appropriate site in the vicinity of Concord Avenue and Chilton Street in honor of Frances Smith Pierce.   Councillor Reeves

11. That the City Manager is requested to instruct appropriate City staff to immediately investigate and develop a corrective action plan for the dangerous low-hanging utility lines that are in the vicinity of Huron Avenue and Holworthy Street.   Councillor Maher, Councillor Davis and Mayor Simmons

12. That the City Manager is requested to confer with the Traffic, Parking and Transportation Department on installing a standard sized Handicap Parking sign at 427 Cambridge Street.   Councillor Toomey.

HEARING SCHEDULE
Mon, Feb 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 11
5:15pm   Special Presentation on behalf of the first statewide White Ribbon Day campaign  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 25
5:30pm   Roundtable Meeting discussion of City Council goals. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Mar 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, Mar 5
5:30pm   Special City Council Meeting for a roundtable discussion with a housing panel on the City's overall housing policy, particularly the issues of density and the impact and compatibility of additional housing in the City's neighborhoods. No public comment. No votes will be taken.  (Sullivan Chamber)

Mon, Mar 10
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 24
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 31
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 28
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 5
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 12
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, May 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 2
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 16
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 23
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 30
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Feb 4, 2008
COUNCILLOR TOOMEY
ORDERED: That the Mar 3, 2008 City Council meeting be cancelled to enable members of the City Council to attend the annual National League of Cities Washington, D.C. Conference.

O-2     Feb 4, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with the Director of the Municipal Cable Office to televise the Special City Council Roundtable Meeting on housing policy on Wed, Mar 5, 2008 at 5:30pm in the Sullivan Chamber.

O-3     Feb 4, 2008  Amended
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to converse with the Cambridge Redevelopment Authority to determine all their land holdings in the East Cambridge and Kendall Square area and what plans and thoughts they have for future development in that neighborhood; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-4     Feb 4, 2008  Amended
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the distinction between green space and open space and whether or not it is suitable to change the designation of Joan Lorentz Park; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on any other methods to provide long-term protection for this park including home rule legislation.

O-5     Feb 4, 2008  Amended
COUNCILLOR MAHER
ORDERED: That the City Manager be and hereby is requested to explore the potential of developing a pilot "sweep" program aimed at identifying and fining residential and commercial property owners in all city neighborhoods who willfully fail to remove snow and ice from sidewalks within 24 hours of a snow storm. A "sweep" of this nature could be tested 1 or 2 times during a winter season and evaluated for effectiveness; and be it further
ORDERED: That the City Manager be and hereby is requested to further explore the possibility of re-deploying current staff from their regular duties during this one-day effort in order to maximize the number of individuals enforcing the city's snow removal ordinance; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with the cost estimates for this effort.

O-6     Feb 4, 2008
COUNCILLOR MAHER
WHEREAS: The appearance of certain as-of-right developments has caused continuing consternation among those who live and/or work nearby, particularly in the case of larger buildings and/or developments; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Community Development with the view of having staff study whether developing some design standards for as-of-right construction would be beneficial to the community, and that a report be made to the Ordinance Committee for a preliminary discussion.

O-7     Feb 4, 2008
COUNCILLOR TOOMEY
ORDERED: That the City Manager be and hereby is requested to confer with Traffic, Parking and Transportation Department and report back on the sudden increase of meters that need to be repaired.

O-8     Feb 4, 2008
COUNCILLOR DECKER
VICE MAYOR MURPHY
COUNCILLOR SEIDEL
COUNCILLOR TOOMEY
COUNCILLOR MAHER
MAYOR SIMMONS
COUNCILLOR REEVES
WHEREAS: The exercise of the First Amendment rights of speech, association and assembly and the right to petition are essential to the well being of a democratic society; and
WHEREAS: Cambridge has a long tradition that celebrates robust public discussion of public issues, including the unfettered expression of opinions and viewpoints and the consideration of petitions on issues of concern from all members of our diverse society; and
WHEREAS: The right to petition for redress of grievances is a fundamental right under the United States Constitution, the Bill of Rights and the Massachusetts Constitution; and
WHEREAS: The United States Supreme Court has called the right to petition "one of the most precious of the liberties safeguarded by the Bill of Rights," and
WHEREAS: The Cambridge City Council considers it a right and duty to hear petitions from its citizens on matters of public concern; and
WHEREAS: Smithfield Foods Inc. has attacked this right through a multi-million lawsuit against unions and their allies that asks a federal court to bar the citizens of Cambridge and other cities across the country from "participating in the drafting, encouraging, sponsorship and/or passage of public condemnations of Smithfield by cities, townships or other organizations;" and
WHEREAS: The Smithfield lawsuit wrongfully claims that members of the Cambridge City Council were "pressured" into passing a resolution condemning Smithfield’s abusive labor practices; and
WHEREAS: The lawsuit by Smithfield falsely alleged that these resolutions "banned" the sale of Smithfield products in their cities; and
WHEREAS: City Councils in Chicago, Boston, and Chelsea, have also passed such resolutions; now therefore be it
RESOLVED: That this City Council go on record affirming its unwavering support for the fundamental Constitutional free speech rights of its constituents, and believes that no entity, corporate or otherwise, should be allowed to dissolve or erode the carefully constructed structural foundations for preserving the right to free speech enshrined forever in the Constitution; and be it further
RESOLVED: That this City Council go on record reiterating its resolution calling for Cambridge to review its purchasing of any products from the Smithfield Packing Company in Tar Heel, North Carolina and suspend these purchases until the company ends all forms of abuse, intimidation and violence against its workers and provides workers a safe place to work with dignity, respect and the protection of a union contract; and be it further
RESOLVED: That this City Council go on record urging Smithfield Foods to drop their unjust and frivolous lawsuit against Jobs with Justice, the United Food and Commercial Workers and other union supporters; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Smithfield Food Inc. and Jobs with Justice on behalf of the entire City Council.

O-9     Feb 4, 2008
COUNCILLOR DAVIS
ORDERED: That the Government Operations Committee of the City Council take up the matter and recommend a process for naming public parks and other public entities.

O-10     Feb 4, 2008
COUNCILLOR REEVES
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Concord Avenue and Chilton Street in honor of Frances Smith Pierce; and be it further
ORDERED: That the Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.