Cambridge City Council meeting - April 2, 2012 - AGENDA

CITY MANAGERíS AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Massachusetts Department of Industrial Accidents Grant for $11,419.58 to the Public Works Grant Fund Other Ordinary Maintenance account which will provide funding to conduct an OSHA 30 hour Construction Industry course and a Competent Person Training course in Excavation Safety, Trenching and Shoring for Public Works employees.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $30,000 reimbursement to the Public Investment Water Department Extraordinary Expenditures account for an environmental study related to the Stony Brook watershed. 1265 Main Street (formally the Polaroid site), Waltham, Massachusetts is located within the Stony Brook watershed. The owner has provided these funds to the City so it can hire a consultant to review the development plans. This independent review will ensure that the development meets the City's guidelines for projects located within our watershed.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the supplemental appropriation of a Metropolitan Area Planning Council Regional Bike Parking Program Grant in the amount of $24,948 to the Grant Fund Community Development Department Other Ordinary Maintenance account to purchase bicycle parking racks. [With this supplemental appropriation, the total grant award is $96,480.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a $2,000 grant received form the Cambridge Health Department to the Grant Fund Community Development Department Salary and Wages account to pay for an intern who will work with city staff to promote cycling and to research and plan for bicycle parking in numerous locations around Cambridge.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-34, regarding a report on designated open space within the MXD District. [attachment]
Referred to Neighborhood & Long-Range Planning Committee to discuss MXD distruct, role of Cambridge Redevelopment Authority, and Parcel 10

6. Transmitting communication from Robert W. Healy, City Manager, relative to the North Massachusetts Avenue Rezoning Petition received from the Planning Board. [attachment]
Referred to Planning Board & Ordinance Committee

7. Transmitting communication from Robert W. Healy, City Manager, relative to a request that the City Council authorize the City Manager to seek approval from the Office of the Inspector General to utilize "Construction Manager-at-Risk" as the contracting method for the Martin Luther King School Renovation Project.

April 2, 2012
To the Honorable, the City Council:

I herewith submit my request that the City Council authorize the City Manager to seek approval from the Office of the Inspector General to utilize "Construction Manager-at-Risk" as the contracting method for the Martin Luther King School Renovation Project.

Specifics of this process are outlined in this letter and its attachments. Most importantly, the City Council should understand that the cost estimates that are included are estimated at the extreme high end, using $350 per square foot for construction costs, which results in a construction cost estimate of $56 million and a total project cost estimate of $76 million including contingency. These are by no means final figures, and significantly more analysis is needed and more definitive numbers will be available as a result of utilizing the Construction Manager-at-Risk method. No financing commitments are being made as a result of this authorization. This authorization simply allows the City to request authorization to proceed in a manner that will result in more exact financial projections.

In 2004, the Massachusetts Legislature passed Construction reform legislation that permitted Construction Management at risk (CM), allowing and alternative construction delivery method for the first time for public municipalities and agencies in Massachusetts. This contracting method has been commonly used by the private sector and is an alternative to the design-bid-build approach used under M.G.L. c. 149. Since the legislation was enacted many public entities have successfully applied for, and are using the CM at risk process.

The Office of the Inspector General (OIG) has promulgated a set of procedures for pursuing this type of procurement. Once an Agency or Municipality's governing body authorizes the use of CM at risk, the next step is to complete an application for submission to the OIG, from whom the Awarding Authority must obtain a Notice to Proceed in order to use the CM at risk delivery method. The application requires that you demonstrate the following:

a: The public agency has authorization from its governing body to enter into a contract with a construction manager at risk firm.

b: The public agency has the capacity, a plan and procedure in place to effectively procure and manage construction management at risk services for the specific project and has retained the services of a qualified owner's project manager.

c: The public agency has in place procedures to ensure fairness in competition, evaluation and reporting of results at every stage in the procurement process.

d: The building project has an estimated construction value of $5,000,000.00 or more.

e: The public agency has determined that the use of construction management at risk services is appropriate for the building project and states the reasons in writing the reasons for the determination.

This memorandum is intended to summarize the definition, advantages, and process governing the use of CM at risk for the City Manager to seek City Council approval to utilize this method of construction procurement for the Martin Luther King School Renovation Project. This memorandum is the first step in satisfying these requirements and will answer the following questions:

What is Construction Management at risk (CM)?
The CM at risk is selected through a competitive procurement based on qualifications and price. The City shall procure the CM at risk via a two-step Request For Qualification (RFQ) and Request For Proposal (RFP) process.

The type of contract with the CM is a cost plus fixed fee amount with a Guaranteed Maximum Price (GMP). The GMP is the sum of the CM fee, the CM's general Conditions for construction, all of the filed sub bid trade contractors, CM estimates for any un-bid subcontractors at time of GMP, and including the CM's contingency. The CM agrees to pay for costs that exceed the GMP that are not the result of changes in the contract documents. This is one of the reasons a CM is selected prior to the plans and specifications being completed. The CM works with the Owner and the Architect to develop the scope delineated in the contract documents as part of the team.

The fixed fee is a percentage of the cost of the work and is submitted by the CM during the selection process based upon an estimated cost of construction. The CM's contingency belongs to the CM if it is needed, but is turned over to the City if not used. The contingency is a line item within the GMP and is used to incorporate missing items un-defined at the GMP that arise during the project.

By law, the GMP cannot be established until the drawings and specifications are at a minimum of 60% complete. The closest the documents are to being 100% complete the less the CM's contingency line item. The Owners contingency is for Owner directed changes or unforeseen conditions unknown at the time the GMP. The CM's contingency is included in the GMP; the Owners contingency is outside of the GMP.

The City Manager's Project Management staff shall work closely with the Architect, consultants and selected CM to determine the appropriate contingencies.

How has the City procured vertical construction projects in the past?
The City has used M.G.L. c. 149 in the past as the bidding process for vertical construction. This process also defined as design-bid-build, requires all of the construction bid packages to be available only after 100% completion of the design documents. Under this traditional approach, the lowest responsible and eligible bidder is awarded the project.

What are some of the pros and cons of CM?
Pros:

Cons:

What is the timeline for the procurement of CM?
First step is submission of an application to the OIG, the response for approval is 60 days.

Submission in April would place the OIG approval in early June. This coincides with the programming and feasibility study presently under way by the architect Perkins Eastman. The architect is scheduled to submit their feasibility study and findings to the City in June of 2012. Presently there is an assumption that some form of demolition of the building structure and removal of hazardous materials from within the building shall be required. The CM at risk process would allow for this work to be performed after the staff and students relocate to a swing space in June of 2012. This demolition and abatement cold occur in late fall of 2012 or early 2013 while the bid documents for the balance of the project are being prepared.

Very truly yours, Robert W. Healy, City Manager

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 12-09, regarding a report on the use of coal and on Cambridge becoming coal-free. Placed on Table on motion of Vice Mayor Simmons on Mar 5, 2012.

APPLICATIONS AND PETITIONS
1. An application was received from H & R Block requesting permission for a sandwich board sign, one table and two chairs in front of the premises numbered 1910 Massachusetts Avenue.

2. An application was received from Third Square Apartments requesting permission for a sandwich board sign in front of the premises numbered 285 Third Street.

3. An application was received from Skampa Enterprise Inc., 424 Cambridge Street requesting permission for ten tables and twenty chairs for restaurant seating on the Fifth Street side of 424 Cambridge Street.

COMMUNICATIONS
1. A communication was received from the Dever Family transmitting thanks for the City Council resolution of Feb 27, 2012 on the death of Edward T. Dever.

RESOLUTIONS
1. Resolution on the death of John T. "Jack" Smith.   Councillor Toomey

2. Resolution on the death of Jeanne Marie (Buttery) O'Connor.   Councillor Toomey

3. Happy Birthday wishes to Mary Ann Young.   Vice Mayor Simmons

4. Congratulations to Mary Sue and Charles Willie on their Golden Wedding Anniversary.   Councillor Reeves

5. Congratulations to the Jose Mateo Ballet Theatre on their performance "Of Worlds Apart" from Mar 16 - Apr 1, 2012.   Councillor Reeves

6. Congratulations to Jose Fonseca Brandao and Antonio Fidalgo Barros, Owners of Cesaria Restaurant in Dorchester, on receiving the MAPS Alvaro Lima Outstanding Business Award.   Councillor Reeves

7. Congratulations to Mark Erlich, Executive Secretary, New England Regional Council of Carpenters, on receiving the Salt of the Earth Award from Community Labor.   Councillor Reeves

8. Happy Birthday wishes to a special Cantabrigian.   Councillor Toomey

9. Congratulations to Kyle Micah Hicks for his participation in the documentary "Finding Your Roots."   Councillor Reeves

10. Congratulations to Dennis Benzan, Michael Flowers, Professor Henry Gates, Jr., Bernard Harold Hicks and Bernard Monson Hicks for their participation in the documentary "Finding Your Roots."   Councillor Reeves

11. Proclaim Apr 2-8, 2012 as Cambridge Public Health Week.   Mayor Davis

12. Resolution on the death of Mildred E. (Muller) Gittens.   Councillor Reeves

13. Resolution on the death of Maria Ines Zapata de Vega.   Councillor Toomey

14. Resolution on the death of Thomas Benson.   Councillor Toomey


15. Resolution on the death of Joseph Mandarini.   Councillor Decker

16. Congratulations to the organizers and participants of the First Annual CRLS Community Academic Challenge, "Are You As Smart as a CRLS Student?"   Mayor Davis

17. Congratulations to the Spaulding Rehabilitation Hospital on the grand opening of the Cambridge-based Spaulding National Running Center.   Councillor Maher

18. Resolution on the death of Rita T. (Sousa) Stewart.   Councillor Toomey

19. Commend Seth Teller and his team at MIT for their work in the field of Public Safety and his "Divert and Alert" project which would help to protect first responders from harm.   Councillor Toomey


ORDERS
1. That the City Council schedule a Roundtable Meeting for Wed, Apr 25, 2012 at 4:00pm to receive an update from Goody Clancy and the Community Development Department on the Kendall Central Study.   Mayor Davis

2. That the City Manager is requested to report back to the Council on the legal requirements for public notice and meetings including issues on legibility, regulatory framework and definition and public comment at said meeting or hearing.   Councillor Kelley

3. That the City Manager is requested to investigate the possibility of using wireless street lighting powered by renewable energy.   Mayor Davis
Charter Right - Kelley


4. That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of Apr 2, 2012 Claims Committee in the total sum of $1,237.43.   Councillor Toomey


COMMITTEE REPORTS
1. A communication was received from Marybeth Cosgrove, Operations Manager, City Clerk's Office, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on Mar 27, 2012 to consider claims filed against the City.

HEARING SCHEDULE
Mon, Apr 2
5:30pm   City Council Meeting  (Sullivan Chamber)

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

Mon, Apr 23
5:30pm   City Council Meeting [Proposed budget submission]  (Sullivan Chamber)

Tues, Apr 24
5:30pm   The Environment Committee will meet  (Sullivan Chamber)

Wed, Apr 25
4:00pm   Roundtable Meeting to receive an update from Goody Clancy and the Community Development Department on the Kendall-Central Study. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, Apr 30
5:30pm   City Council Meeting [Budget Overview]  (Sullivan Chamber)

Wed, May 2
9:00am   The Finance Committee will conduct a public hearing on the FY2013 City Budget. This hearing to be televised.  (Sullivan Chamber)

Mon, May 7
5:30pm   Roundtable Meeting with the Election Commission. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Wed, May 9
9:00am   The Finance Committee will conduct a public hearing on the FY2013 City Budget. This hearing to be televised.  (Sullivan Chamber)

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

Wed, May 16
6:00pm   The Finance Committee will conduct a public hearing on the FY2013 School Department Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 17
9:00am   The Finance Committee will conduct a public hearing on the FY2013 City Budget. (if necessary) This hearing to be televised.  (Sullivan Chamber)

Mon, May 21
5:30pm   City Council Meeting [Budget Adoption]  (Sullivan Chamber)

Wed, May 23
4:00pm   The Ordinance Committee will conduct a public hearing on the petition of Forest City/MIT to amend the Zoning Ordinance by extending the Cambridgeport Revitalization Development District from Green Street out to Massachusetts Avenue in the area adjacent to Blanche Street and further to provide for the potential development of a residential building on Sidney Street between Massachusetts Avenue and Green Street. This hearing to be televised.  (Sullivan Chamber)

Mon, June 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 18
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 25
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

TEXT OF ORDERS
O-1     Apr 2, 2012
MAYOR DAVIS
ORDERED: That the City Council schedule a Roundtable Meeting for Wed, Apr 25, 2012 at 4:00pm to receive an update from Goody Clancy and the Community Development Department on the Kendall Central Study.

O-2     Apr 2, 2012
COUNCILLOR KELLEY
WHEREAS: A recent zoning variance request for a fast food establishment on Massachusetts Avenue between Harvard and Porter Square has illustrated issues with the effectiveness of public notice for zoning relief; and
WHEREAS: Effective public notice of zoning meetings is an essential part of the zoning process, allowing interested members of the public a reasonable opportunity to share their thoughts with the deliberative body; and
WHEREAS: There is an ongoing planning process to develop a Master Plan for this stretch of Massachusetts Avenue that may be circumvented by variances granted at this stage in the planning process; and
WHEREAS: Public notice for zoning-relating meetings is not provided in a consistent manner, with some posted notices being more specific and more legible than others, and some being written in a manner that is either illegible or is too small for anyone to read from the public way; and
WHEREAS: The Planning Board and the Board of Zoning Appeals both have meetings where the public is not allowed to comment on applications, even if the applicants are presenting changes to an existing application on which members of the public have not had the opportunity to comment directly to the relevant decision making body; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the Council on the legal requirements for public notices and meetings to include whether:

ORDERED: That the City Clerk be and hereby is requested to forward a copy of this Order to the Board of Zoning Appeals communicating the Council's concern that public notice for the fast food variance for 1678 Massachusetts Avenue was not sufficiently informative to give the public a reasonable opportunity to participate in this zoning decision; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this Order to the Board of Zoning Appeals communicating the Council's concern that the City's Zoning Ordinance be respected as an important planning document and that the Board give careful consideration to the legal requirements of variances prior to issuing them; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this Order to the Board of Zoning Appeals and to the Planning Board instructing the respective Boards to let the City Council know if there are thoughts that the Council should change the Zoning Ordinance to avoid misuse of the variance application process; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a copy of this Order to the Board of Zoning Appeals expressing concern that any variances granted at this stage in the planning process of the upgrades proposed for this stretch of Massachusetts Avenue may be at odds with the relevant planning efforts.

O-3     Apr 2, 2012
MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to investigate the possibility of using wireless street lighting powered by renewable energy.


O-4     Apr 2, 2012
COUNCILLOR TOOMEY
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of April 2, 2012 Claims Committee in the total sum of $1,237.43.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Claims Committee held a public meeting on Tues, Mar 27, 2012 at 5:30pm in the Sophie Anastos Room.

The purpose of the meeting was to consider claims filed against the City.

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor David P. Maher; Councillor Minka VanBeuzekom; Vali Buland, Assistant City Solicitor; and Marybeth Cosgrove, Operations Manager, City Clerk's Office.

Councillor Toomey opened the meeting and explained the purpose. Thereupon the committee moved to the consideration of the following claims:

Claimant Nature of Claim Award
Audrey Byrne
1 Muller Avenue
Cambridge, MA 02140
Struck a cast iron water cover on Massachusetts Avenue, Cambridge, MA. Approved
Maria Pantazopoulos
225 Pearl Street
Cambridge, MA 02139
Struck a pothole at Ellery Street and Cleveland Street, Cambridge, MA Approved
Parish of the Sacred Heart of Jesus  
49 Sixth Street
Cambridge, MA 02141
Blockage in the street caused a bad odor a plumber was needed at 49 Sixth Street.   Approved

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at 5:36pm.

For the Committee,
Councillor Timothy J. Toomey, Chair

Committee Report #1
Apr 2, 2012
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of Apr 2, 2012 Claims Committee in the total sum of $1237.43.

AWAITING REPORT LIST
12-02. Report from the City Manager:
RE: report on the repair of all street lights that are not working in Cambridge.
Vice Mayor Simmons and Full Membership 01/23/12 (O-1)

12-05. Report from the City Manager:
RE: report on the installation of bike helmet vending machines as part of the bike share program.
Mayor Davis and Full Membership 01/23/12 (O-5)

12-08. Report from the City Manager:
RE: report on instituting a ban on plastic bags.
Councillor Decker, Councillor vanBeuzekom and Full Membership 01/23/12 (O-10)

12-12. Report from the City Manager:
RE: report on zoning changes for the Sullivan Courthouse and neighboring parcels.
Councillor Toomey, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves & Councillor vanBeuzekom 01/30/12 (O-7)

12-16. Report from the City Manager:
RE: report on whether there is sufficient funding for a successful farmers' market season.
Councillor vanBeuzekom, Councillor Davis, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 02/06/12 (O-4)

12-18. Report from the City Manager:
RE: report on implementing EBT and debit card machines for city-wide use.
Councillor Cheung, Councillor vanBeuzekom, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 02/06/12 (O-6)

12-20. Report from the City Manager:
RE: report on what steps the City will take to help the general public keep track of awaiting maintenance issues on things like park equipment, graffiti, sidewalks, etc.
Councillor Kelley, Councillor Decker, Councillor Cheung, Mayor Davis, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-4)

12-21. Report from the City Manager:
RE: report on the ownership status of the Cambridge Street overpass and on the abilities of universities and other organizations to close off property owned by them but enjoyed by the public.
Councillor Kelley, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-6)

12-25. Report from the City Manager:
RE: report on developing a process which would require developers seeking zoning relief to build a model of the area impacted by the proposed developments.
Councillor Decker, Councillor Cheung, Mayor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor Toomey 02/13/12 (O-12)

12-26. Report from the City Manager:
RE: report on resurfacing the courts at the Jimmy Johnson Street Hockey Rink and providing lighting for the playing area.
Councillor Toomey, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher & Vice Mayor Simmons 02/13/12 (O-13)

12-28. Report from the City Manager:
RE: report on mechanism to include temporary ramps and more visible paint of obstructions in an effort to make construction zones safer for pedestrians and bicyclist.
Councillor Kelley 02/13/12 (O-16)

12-29. Report from the City Manager:
RE: report on the no left turn on the Cambridge Common and to remove the bicycle prohibition on certain streets, such as Whittemore Avenue. Referred back for additional information on 3/5/2012.
Councillor Kelley 02/13/12 (O-17)

12-31. Report from the City Manager:
RE: report on annual reporting by the PTDM Planning Officer.
Councillor vanBeuzekom and Full Membership 02/27/12 (O-3)

12-32. Report from the City Manager:
RE: report on the appointment of a local MBTA Advisory Council.
Councillor Decker and Full Membership 02/27/12 (O-4)

12-33. Report from the City Manager:
RE: report on a plan for implementing separate trash or recycling curbside pick up for small businesses along existing curbside pick up routes.
Councillor Toomey and Full Membership 03/05/12 (O-1)

12-34. Report from the City Manager:  See Mgr #5
RE: report on what is designated open space within the MXD District and any open space covenants and expiration dates.
Councillor Toomey and Full Membership 03/05/12 (O-2)

12-35. Report from the City Manager:
RE: report on whether there were any public safety officers that falsified their emergency medical training re-certification while employed by the City of Cambridge.
Councillor vanBeuzekom and Full Membership 03/05/12 (O-3)

12-37. Report from the City Manager:
RE: report on installing traffic calming measures on Norfolk Street between Broadway and Hampshire Street.
Councillor Cheung and Full Membership 03/05/12 (O-7)

12-38. Report from the City Manager:
RE: report on safety at the intersection of Mass Avenue and Prospect Street.
Councillor Cheung and Full Membership 03/05/12 (O-8)

12-39. Report from the City Manager:
RE: report on the condition of the sidewalks in the Kendall Square area.
Councillor Reeves and Full Membership 03/19/12 (O-2)

12-40. Report from the City Manager:
RE: report on improper leases and rental of owned affordable housing units.
Councillor Reeves, Councillor Cheung, Mayor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Simmons & Councillor vanBeuzekom 03/19/12 (O-3)

12-41. Report from the City Manager:
RE: report on what additional measures could be taken to improve the amount of municipal green purchasing by city government, including at the school department.
Mayor Davis, Councillor vanBeuzekom, Councillor Cheung, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons & Councillor Toomey 03/19/12 (O-4)

12-42. Report from the City Manager:
RE: report on reevaluating pedestrian safety concerns at the intersection of Coolidge Avenue and Mt. Auburn Street and the x-shaped intersection where Mt. Auburn crosses Fresh Pond/Gerry's Landing.
Councillor Cheung and Full Membership 03/19/12 (O-6)

12-43. Report from the City Manager:
RE: report on the feasibility and desirability of developing an off-leash dog park in or nearby Area 4.
Councillor Cheung and Full Membership 03/19/12 (O-9)

12-44. Report from the City Manager:
RE: report on how the proposal by Global Oil LLC will impact Cambridge.
Councillor Cheung, Vice Mayor Simmons, Councillor vanBeuzekom, Councillor Toomey and Full Membership 03/19/12 (O-10)

12-45. Report from the City Manager:
RE: report on testing all city-operated community gardens for toxins in the soil.
Councillor vanBeuzekom 03/19/12 (O-15)

12-46. Report from the City Manager:
RE: report on the accident at the corner of Dover Street and Massachusetts Avenue.
Councillor Kelley, Mayor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Vice Mayor Simmons, Councillor Toomey & Councillor vanBeuzekom 03/26/12 (O-3)