Cambridge City Council meeting - April 26, 2010 - AGENDA

RECONSIDERATION
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 meeting held on Mar 25, 2010 for the purpose of discussing dividing the Health and Environment Committee into two committees, one to focus on health issues and the other on environmental and sustainability issues.

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the FY2011 submitted budget and appropriation orders.
Referred to Finance Committee - Decker

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following person as a Constable Without Power for a term of three years, effective the first day of January, 2010: William Grenier

3. Transmitting communication from Robert W. Healy, City Manager, relative to a transfer for $15,428 within the Social Marketing Pilot grant received through the Massachusetts Executive Office of Transportation (EOT) from the Grant Fund Community Development Other Ordinary Maintenance account to the Grant Fund Community Development Salary and Wages account that will cover the cost of an intern to perform outreach activities, which was originally budgeted in the Other Ordinary Maintenance category.

CHARTER RIGHT
1. Charter Right exercised by Councillor Seidel on Resolution Number Five of Apr 12, 2010 on the commemoration of the 20th anniversary of the signing of the Americans with Disabilities Act.  Adopted

ON THE TABLE
2. A communication was received from D. Margaret Drury, City Clerk, transmitting a copy of the referral of Order Number 15 of Dec 21, 2009, regarding increasing the amount of public information about elections while the election is in progress, to the 2010-2011 City Council. [Communications and Reports from City Officers #1 of Jan 11, 2010 Placed on Table.]

APPLICATIONS AND PETITIONS
1. An application was received from FedEx Office, requesting permission to replace the sign face of an existing sign at the premises numbered 600 Technology Square. Approval has been received from Inspectional Services, Department of Public Works, Community Development.

2. An application was received from FedEx Office, requesting permission to replace the sign face of an existing sign at the premises numbered One Mifflin Place. Approval has been received from Inspectional Services, Department of Public Works, Community Development and Historical Commission.

3. An application was received from Watch Shop at Porter Square, requesting permission for a sandwich board sign in front of the premises numbered 1925B Massachusetts Avenue.

4. An application was received from CCVP Dresscode, requesting permission for a sandwich board sign and a display of merchandise in front of the premises numbered 625 Cambridge Street.

5. An application was received from Newbury Comics, Inc., requesting permission for a sandwich board sign in front of the premises numbered 36 JFK Street.

6. An application was received from Saints Constantine and Helen Church, requesting permission for a temporary banner across Massachusetts Avenue at Pearl and Norfolk Streets announcing the Grecian Festival June 18th - June 20th.

COMMUNICATIONS
1. A communication was received from the Department of Conservation and Recreation, regarding the acquisition of a strip of land in Cambridge and Belmont for conservation and recreation purposes.

RESOLUTIONS
1. Congratulations to Kelly Langan on being nominated as one of the ten semi-finalists for the Massachusetts Teacher of the Year Award.   Mayor Maher

2. Thanks to Rounder Records and its founders for their contribution to the American music scene and for the role that Rounder Records has played in making Cambridge a better place to live, work and play.   Councillor Seidel

3. Resolution on the death of Edith R. (McCullough) Fiske.   Mayor Maher

4. Congratulations to Sal DiDomenico on winning the Democratic Primary for the Middlesex, Suffolk and Essex district state Senate seat.   Councillor Simmons

5. Resolution on the death of Elvira Coracao (Brum) Pinho.   Councillor Toomey

6. Resolution on the death of Guy Edward Brown.   Mayor Maher

7. Congratulations to CASPAR on their 40th anniversary.   Councillor Toomey, Councillor Cheung

8. Retirement of Ray McCann from the School Department.   Mayor Maher

9. Retirement of Robert McGowan from the School Department.   Mayor Maher

10. Congratulations to Alex Chippendale who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

11. Congratulations to Paolo DiPietrantonio who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

12. Congratulations to Robinson Farrar who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

13. Congratulations to Darron Fernandes-Smith who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

14. Congratulations to Katherine Ford who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

15. Congratulations to Gjon Kukli who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

16. Congratulations to Sanjaya Lamichhane who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

17. Congratulations to Jaime Leiva Cabrera who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

18. Congratulations to Sam Mardell who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

19. Congratulations to Ivy Neff who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

20. Congratulations to Seo Jung Sa who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

21. Congratulations to Colum Smith who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

22. Congratulations to Alex Ptacek Zimmer who will be presenting art work at the Advanced Placement Studio Art Exhibit and reception on Apr 29, 2010 at the University Lutheran Church on 66 Winthrop Street from 5:30pm-7:30pm.   Mayor Maher

23. Congratulations to the Brazilian Women’s Group on their 15th anniversary.   Councillor Toomey

24. Resolution on the death of Anna M. (Guerino) Killion.   Mayor Maher

25. Resolution on the death of David Edwardo Jarosiewicz.   Mayor Maher, Councillor Toomey

26. Resolution on the death of Edith (Moretto) Goss.   Councillor Toomey

27. Congratulations to Tracy Shriver and Kerry Coyne Shriver for their successful completion of the 114th Boston Marathon.   Councillor Seidel

28. Congratulations to a special person.   Councillor Toomey, Councillor Decker, Vice Mayor Davis, Mayor Maher, Councillor Seidel

29. Best wishes to Susan Ayers as she leaves her position as Executive Director of the Guidance Center.   Councillor Toomey

30. Resolution on the death of Robert K. Cannon.   Vice Mayor Davis, Mayor Maher

31. Best wishes to Any Stern as he retires from his position as President of the Service Employees International Union.   Councillor Decker

32. Congratulations to the MIT students participating in Congressional Visitors Day on Apr 28, 2010.   Councillor Cheung

33. Congratulations to the AIDS Action Committee on the occasion of the 25th Anniversary of AIDS Walk Boston.   Councillor Cheung

34. Congratulations to Angela Ward on receiving first place in the annual Credit Union Student Essay Contest sponsored by the Massachusetts Credit Union League Inc.   Mayor Maher

35. Best wishes to the Vineyard Community Offerings as they host "A Walk for Cambridge" to promote social justice on May 15, 2010.   Councillor Cheung

36. Resolution on the death of Sergeant Kurt E. Kruize.   Councillor Decker
37. Resolution on the death of First Lieutenant Robert W. Collins.   Councillor Decker
38. Resolution on the death of Private First Class William A. Blount.   Councillor Decker
39. Resolution on the death of Staff Sergeant James R. Patton.   Councillor Decker
40. Resolution on the death of Private First Class Charlie C. Antonio.   Councillor Decker

41. Congratulations to Ross Benson on being awarded the Kenneth S. Neal Award by the Cambridge School Volunteers.   Mayor Maher

42. Congratulations to Alison Steward on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

43. Congratulations to Rick Flanagan on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

44. Congratulations to Eric Ritter on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

45. Congratulations to Greg Paris on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

46. Congratulations to Jennie Devereaux on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

47. Congratulations to Judith Clapp on being a recipient of the Mack Davis Award by the Cambridge School Volunteers.   Mayor Maher

48. Congratulations to the Peabody School’s Early Bird Singers for performing at the Distinguished Choruses International Concert at Lincoln Center.   Mayor Maher

49. Congratulations to the Kuumba Singers of Harvard College on their 40th Anniversary.   Councillor Reeves

50. Resolution honoring a great supporter of the Portuguese community.   Councillor Toomey
Amended to: Resolution on the death of Jose Goulart Brum.   Councillor Toomey

51. Proclaim the month of April to be Fair Housing Month.   Mayor Maher

52. Resolution on the death of Anita (Kalt) Hayes.   Mayor Maher

53. Retirement of John E. O'Donnell from the Cambridge Housing Authority.   Mayor Maher

54. Retirement of Reginald Babin from the Cambridge Housing Authority.   Mayor Maher

55. Congratulations to Marvin Gilmore on being presented with France's Legion of Honor Medal on May 20, 2010.   Councillor Toomey, Mayor Maher

ORDERS
1. That the City Manager is requested to investigate an alternative to the orange barrels in front of the public way opposite Trowbridge Street and report back to the City Council on this matter.   Councillor Reeves

2. That the City Manager is requested to confer with the Cambridge Police Department to measure the scope and magnitude of the red light violation problem at the 77 Massachusetts Ave crosswalk and appropriateness and feasibility of a raised sidewalk.   Councillor Cheung
Amended

3. That the City Manager is requested to confer with the appropriate department heads on the feasibility of updating our website to be more ADA accessible.   Councillor Cheung

4. That The Cambridge City Council go on record supporting the Massachusetts Bottle Bill (H3515/S1480).   Councillor Cheung and Councillor Seidel

5. That the City Manager is requested to investigate the City of Cambridge’s current cell phone tower zoning policy as it relates to better cell phone reception and report back to the City Council on potential amendments to the ordinance.   Councillor Cheung and Councillor Seidel

6. That the City Manager is request to report back to the City Council on the feasibility of partnering with local institutions to conduct an annual HIV and Hepatitis Testing Day in the spirit of the free testing and counseling day offered in 2005.   Councillor Cheung

7. That the City Manager is requested to coordinate with the IT Department to post information on the MassSAVE program on the Cambridge website.   Councillor Cheung
Amended

8. That the City Manager is requested to inquire of the local electric utility on the feasibility of instituting a similar program in Cambridge and report back to the City Council for the matter to be taken up by the Cable TV, Telecommunications & Public Utilities Committee.   Councillor Cheung

9. That the City Manager is requested to confer with the appropriate departments to work towards providing free Wi-Fi in one or two of our city’s parks on a trial basis, promoting its availability, and monitoring the impact on park usage as a result.   Councillor Cheung

10. That the Cambridge City Council declare Apr 28, 2010 "Cambridge Workers’ Memorial Day" and support legislation in the House of Representatives that is awaiting a vote in the Education and Labor Subcommittee on Work Force Protections.   Councillor Cheung and Councillor Decker

11. That the City Manager is requested to confer with appropriate departments to determine whether the city can submit a proposal for use on the Sullivan Courthouse and to report back to the City Council.   Councillor Toomey

12. That the City Manager is requested to report back to the City Council on how the city maintains and enforces the appropriate width of a sidewalk for safe access.   Vice Mayor Davis

13. That the City Manager is requested to confer with appropriate city departments and community organizations and report back to the City Council with an impact assessment and enabling language for an ordinance amendment requiring that all new street-level parking lots make use of such a semi-permeable paving alternative.   Councillor Cheung

14. That the City Manager is requested to restore funding for School Department clerical positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress.   Councillor Toomey
Tabled - Toomey

15. Encourage workers of the Shaw’s distribution center and management to return to the bargaining table to arrive at a fair and reasonable contract.   Councillor Decker, Councillor Reeves, Councillor Toomey and Councillor Cheung

16. That the City Manager is requested to investigate the property at 74/76 Lexington Street which was destroyed by a fire in 2008 and report back to the City Council thereupon.   Councillor Reeves

17. That the FY2011 City Budget be referred to the Finance Committee, with the exception that the Budget Overview be postponed to a certain date, that being the May 3, 2010 City Council meeting and will be placed on Unfinished Business at which time the City Manager will give an overview of the FY2011 City Budget.   Councillor Decker

18. That the City Manager is requested to report back to the City Council with information on the specific location of the land at issue and any action that is required with respect to the Department of Conservation and Recreation communication dated April 14, 2010 on the acquisition of a strip of land in Cambridge and Belmont for conservation and recreational purposes.   Councillor Simmons

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Henrietta Davis, Chair of the Cable TV, Telecommunications and Public Utilities Committee, for a meeting held on Apr 7, 2010 to discuss the work plan for the committee, to receive an update on the Google application and the cable franchising process and negotiations.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Marilyn Y. Bradshaw, Executive Secretary to the School Committee, transmitting a copy of an order from the School Committee recommending the FY2011 General Fund Budget of the Cambridge Public Schools be adopted in the sum of $137,492,275.00.
Referred to Finance Committee

HEARING SCHEDULE
Mon, Apr 26
5:30pm   City Council Meeting  (Sullivan Chamber)

Thurs, Apr 29
5:00pm   The Ordinance Committee will conduct a public hearing to consider a proposed Zoning Amendment to Section 20.70 Flood Plain Overlay District which meets the requirements of the National Flood Insurance Program regulations and adopt the revised Map and Study, as required by FEMA as a condition of continued eligibility in the National Flood Insurance Program. This hearing to be televised.  (Sullivan Chamber)

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

Tues, May 4
10:00am   The Human Services Committee will conduct a public meeting to receive an update on Baby U, continue the discussion on how best to assist Cambridge college students to achieve college graduation, discuss middle school after school programs in relation to middle school in-school time and consider the workplan for this committee this term.  (Sullivan Chamber)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, May 5
9:30am   The Finance Committee will conduct a public hearing to discuss FY2011 City Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 6
5:00pm   The Ordinance Committee will conduct a public hearing to consider a proposed amendment to Section 5.28.2 of the Zoning Ordinance to expand the applicability of Section 5.28 Conversion of Non Residential Structures to Residential Use to include structures that may have been built for residential use but have been in Institutional Use for at least ten years. This hearing to be televised.  (Sullivan Chamber)
6:00pm   The Ordinance Committee will conduct a public hearing to consider a petition by the City Council to amend the Zoning Ordinance in accord with the recommendations of the Green Building Zoning Task Force to encourage energy efficient building standards in Cambridge. This hearing to be televised.  (Sullivan Chamber)

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

Tues, May 11
5:00pm   The Ordinance Committee will conduct a public hearing to consider a petition filed by Boston Properties to amend the Zoning Ordinance in the MXD Zoning District to create a Smart Growth/Underutilized Area in the vicinity of Broadway, Main and Ames Streets and the site of the West parking garage on Ames Street. This hearing to be televised.  (Sullivan Chamber)

Wed, May 12
6:00pm   The Finance Committee will conduct a public meeting for the purposes of providing a summary to community leaders of the city’s current and proposed budget and an explanation of how state and federal budget cuts have impacted the city’s budget. This meeting to be televised.  (Sullivan Chamber)

Thurs, May 13
9:30am   The Finance Committee will conduct a public hearing to discuss FY2011 City Budget. This hearing to be televised.  (Sullivan Chamber)

Mon, May 17
4:00pm   2010 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   Roundtable Meeting on single stream recycling and related trash management issues  (Sullivan Chamber)

Tues, May 18
10:00am   The Human Services Committee will conduct a public meeting to receive an update on Baby U, continue the discussion on how best to assist Cambridge college students to achieve college graduation, discuss middle school after school programs in relation to middle school in-school time and consider the workplan for this committee this term.  (Sullivan Chamber)
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, May 19
3:00pm   The Neighborhood and Long Term Planning Committee will conduct a public meeting to discuss adding more bike racks to Harvard Square.  (Sullivan Chamber)
6:00pm   The Finance Committee will conduct a public hearing to discuss FY2011 School Department Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 20
9:30am   The Finance Committee will conduct a public hearing to discuss FY2011 City Budget (if necessary). This hearing to be televised.  (Sullivan Chamber)
5:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the Cambridge Energy Alliance, NSTAR Energy Efficiency Plan and the Property Assessed Clean Energy (PACE) Program.  (Sullivan Chamber)

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

Wed, May 26
5:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss energy efficiency in city and school buildings.  (Sullivan Chamber)

Tues, June 1
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, June 15
6:00pm   School Committee Meeting  (Sullivan Chamber)

Wed, June 16
5:30pm   The Environment Committee will conduct a public meeting to discuss community gardens, Agricultural Fair and other updates.  (Sullivan Chamber)

Mon, June 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, June 23
5:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the digital divide.  (Sullivan Chamber)

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

TEXT OF ORDERS
O-1     Apr 26, 2010
COUNCILLOR REEVES
WHEREAS: It has come to the attention of the City Council that the new public library has two orange barrels in front of the public way opposite Trowbridge Street; and
WHEREAS: The neighbors are concerned about the appearance of said barrels; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate an alternative to the orange barrels and report back to the City Council on this matter.

O-2     Apr 26, 2010  Amended
COUNCILLOR CHEUNG
WHEREAS: There have been numerous complaints submitted by Cambridge residents that the red light at 77 Massachusetts Avenue is often ignored; and
WHEREAS: Red light violations at this intersection are particularly concerning due to the large volume of vehicles, pedestrians, and bicyclists who travel through the area; and
WHEREAS: A recent analysis conducted by the Cambridge Police Department demonstrated that an increase in patrols resulted in an increase of citations, thereby validating residents’ empirical claim that vehicles are running the red light; and

WHEREAS: While that analysis by the Cambridge Police Department illustrated that increased enforcement of traffic lights led to a 33% decline in motor vehicle crashes, that analysis also suggests that more could be done to ensure the safety of pedestrians and cyclists alike in said location; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Police Department to measure the scope and magnitude of the red light violation problem at the 77 Massachusetts Ave crosswalk and report back to the Cambridge City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Traffic, Parking and Transportation Department and the University Relations Committee to evaluate the appropriateness and feasibility of a raised sidewalk in said location as a pedestrian safety measure and report back to the City Council.

O-3     Apr 26, 2010
COUNCILLOR CHEUNG
WHEREAS: June 26th, 2010 marks the 20th anniversary of the passage of the Americans with Disability Act; and
WHEREAS: The City Council recognizes the work left to be done to ensure that disabled Americans are fully able to participate in society; and
WHEREAS: Today many people who are disabled are not receiving the services they need to be healthy and independent; and
WHEREAS: The City Council has always prided itself for being in the forefront of civil rights issues; and
WHEREAS: In its current form, the Cambridge website is not user friendly for disabled Cambridge residents; and
WHEREAS: Other cities have updated their websites to include an option for larger text and images for people with poor eye sight; underlined (or otherwise differentiated) as well as colored links to ensure color blind users will be able to notice them, made clickable links larger so that people who can not control a mouse with precision can click on them and offered closed captioning for videos so that people deaf or hard of hearing can watch them; and
WHEREAS: There are numerous other improvements that the innovative people of Cambridge can implement to better accommodate our city’s disabled residents; now therefore it be
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate department heads on the feasibility of updating our website to be more ADA accessible.

O-4     Apr 26, 2010
COUNCILLOR CHEUNG
COUNCILLOR SEIDEL
WHEREAS: The Massachusetts Bottle Bill of 1983, which placed a 5-cent deposit on beer and soda so that consumers can return empty containers to their local retailers, is the state’s most successful recycling and litter prevention program; and
WHEREAS: Since the Bottle Bill’s inception over 30 billion containers have been redeemed, contributing to a healthier environment, cleaner and safer communities, and a stronger economy; and
WHEREAS: The Bottle Bill does not currently include "new age" non-carbonated drinks such as bottled water, teas and sport drinks that make up over 30% of the beverages sold in Massachusetts; and
WHEREAS: More than 400 million of these "new age" drinks are now consumed in Massachusetts each year and, with less than a 20% recycle rate on these beverages, millions of our tax dollars are spent managing them as litter or waste; and
WHEREAS: The cost to manage these discarded containers is currently the responsibility of municipalities through collection of public waste receptacles and household trash and recycling programs; and
WHEREAS: Updating the Bottle Bill by including non-carbonated drinks would dramatically increase recycle rates and reduce needless waste, with The Massachusetts Department of Environmental Protection estimating the annual cost savings through avoided waste and recycling collection at approximately $5 million; and
WHEREAS: Gains in employment have been shown in nearly every state with the new deposit system; and
WHEREAS: Legislation updating the Massachusetts Bottle Bill is currently up for debate in the Massachusetts House Telecommunications, Utilities, & Energy Committee; now therefore be it
WHEREAS: The City Council has a long history of supporting the Bottle Bill in the past, both in May 2003 and June 2009, and now that it has come so close to a vote, the City Council wishes to add its voice to the community’s call for the passage of this legislation; now therefore be it
ORDERED: That The Cambridge City Council go on record supporting said legislation (H3515/S1480); and be in further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this order to the Cambridge delegation and the Massachusetts House Telecommunications, Utilities and Energy Committee on behalf of the entire City Council.

O-5     Apr 26, 2010
COUNCILLOR CHEUNG
COUNCILLOR SEIDEL
WHEREAS: It is not an uncommon occurrence for Cambridge residents to have experienced shaky cell phone reception, dropped calls, and dead zones inside buildings; and
WHEREAS: Lack of cell phone coverage is an inconvenience that diminishes the value of money spent on phones and service; and
WHEREAS: The lack of coverage is potentially dangerous because it hinders the owner’s ability to contact emergency services (Police, Fire, EMT) if they are not near a landline; and
WHEREAS: In a previous meeting of The Cable TV, Telecommunications and Public Utilities Committee the Deputy City Manager mentioned that the zoning guidelines for the siting of cell phone towers could be rationalized; now therefore it be
ORDERED: That the City Manager be and hereby is requested to investigate the City of Cambridge’s current cell phone tower zoning policy as it relates to better cell phone reception and report back to the City Council on potential amendments to the ordinance.

O-6     Apr 26, 2010
COUNCILLOR CHEUNG
WHEREAS: Despite the fact that chronic viral hepatitis is the most common blood borne infection in the United States, there is currently no routine and universal screening in place for early detection; and
WHEREAS: Hepatitis B is a serious infection of the liver caused by the hepatitis B virus (HBV) which can lead to premature death from liver failure or liver cancer, with an estimated 46,000 new infections domestically each year; and
WHEREAS: HBV is dubbed a "silent killer" because it often infects people without symptoms, and when symptoms do appear, it is often too late for treatment to be effective; and
WHEREAS: A simple 3-shot hepatitis B vaccine can provide lifelong protection against HBV; and
WHEREAS: The City Council has already declared the week of May 16-22 "Hepatitis B Awareness Week" with the goal of recognizing the need for a comprehensive public education and awareness campaign designed to help infected patients and their physicians identify and manage the secondary prevention of the disease; now therefore it be
ORDERED: That the City Manager be and hereby is requested to inquire of the Cambridge Public Health Department for statistics on the prevalence of Hepatitis B in Cambridge and suggestions on action the City of Cambridge can undertake to better manage the spread of chronic viral hepatitis and report back to the City Council; and be it further
ORDERED: That the City Manager be and hereby is request to report back to the City Council on the feasibility of partnering with local institutions to conduct an annual HIV and Hepatitis Testing Day in the spirit of the free testing and counseling day offered in 2005.

O-7     Apr 26, 2010  Amended
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge is always looking for new ways to green its economy and stimulate job growth; and
WHEREAS: By making smart choices we can manage our energy costs, enhance the value and comfort of our homes and businesses, reduce greenhouse gas emissions; and
WHEREAS: Massachusetts utilities, energy efficiency service providers, and state organizations have teamed up to provide a wide range of services, incentives, trainings, and information designed to promote energy efficiency through the MassSAVE program, available to both home owners and businesses; now therefore be it
RESOLVED: That the City Council go on record encouraging all residents and businesses in Cambridge to participate in this program insofar as it applies to them; and be it further
ORDERED: That the City Manager be and hereby is requested to coordinate with the IT Department to post information on the MassSAVE program on the Cambridge website; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to this City Council on this matter; and be it further
ORDERED: That this matter be referred to the Cable TV, Telecommunications and Public Utilities Committee.

O-8     Apr 26, 2010
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has long been a hub of innovation, ideas and most importantly action; and
WHEREAS: The Cambridge City Council is always looking for proven ways to green our economy; and
WHEREAS: The City of Seattle, Washington has experimented recently with government-business partnerships to tackle the environmental crisis; and
WHEREAS: One program former Seattle Mayor Greg Nickels touted at a Cambridge event promoting clean electricity was the on-bill financing of business and residential building improvements; and
WHEREAS: Through the program, the local utility funds the upfront costs and facilitates the repayment of loans for efficiency upgrades through utility bills. Upgrades can be selected by the building owner (in coordination with the City) such that the efficiency savings would pay for the investment over a fixed period of time. Customers "share" monthly energy efficiency savings with the utility until the loan is paid back, at which point all savings would be reflected in lower monthly bills; now therefore be it
ORDERED: That the City Manager be and hereby is requested to inquire of the local electric utility on the feasibility of instituting a similar program in Cambridge and report back to the City Council for the matter to be taken up by the Cable TV, Telecommunications & Public Utilities Committee.

O-9     Apr 26, 2010
COUNCILLOR CHEUNG
WHEREAS: The City of Cambridge has always prided itself for being on the forefront of innovation and technological advancement; and
WHEREAS: The Internet is a critical tool for effective learning and civic participation in today’s world; and
WHEREAS: The City of Cambridge has assets and infrastructure at its disposal which could be readily and cost-effectively deployed to provide access to high speed internet in public parks to residents with Wi-Fi enabled devices such as iPads and Netbooks; and
WHEREAS: The availability of Wi-Fi in public parks could also benefit the community as a whole by promoting park usage and encouraging residents, if they are going to be stuck behind a computer screen, to at least get out and enjoy Cambridge’s beautiful weather at the same time; and
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to work towards providing free Wi-Fi in one or two of our city’s parks on a trial basis, promoting its availability, and monitoring the impact on park usage as a result.

O-10     Apr 26, 2010
COUNCILLOR CHEUNG
COUNCILLOR DECKER
WHEREAS: Decades of struggle by workers and their unions have resulted in significant improvements in working conditions; and
WHEREAS: Nonetheless, each year more than 5,500 workers are killed due to workplace-related injuries in the United States, or on average 16 people per day; and
WHEREAS: There are more than 4,000,000 occupational injuries and illnesses in the United States annually; and
WHEREAS: The economy is turning around but more than 14 million workers are unemployed and can’t find work, pressuring workers to make sub-optimal decisions that compromise their personal safety in exchange for a wage; and
WHEREAS: In order to better our country, we must invest in the creation of new jobs that provide a decent wage, healthcare, retirement security, and a safe working environment; and
WHEREAS: Apr 28th, 2010 marks the 21st anniversary of Workers’ Memorial Day, a day to remember those who have suffered and died on the job; now therefore be it
ORDERED: That the Cambridge City Council declare Apr 28th "Cambridge Workers’ Memorial Day"; and be it further
ORDERED: That the City Council go on record supporting similar legislation in the U.S. House of Representatives, H. Res. 375 that is currently awaiting a vote in the Education and Labor Subcommittee on Work Force Protections.

O-11     Apr 26, 2010
COUNCILLOR TOOMEY
WHEREAS: The Massachusetts Division of Capital Asset Management and Maintenance (DCAM) has sent notification on the offering of the Sullivan Courthouse for sale; and
WHEREAS: DCAM is currently looking for proposals for direct public use, due by May 14, 2010; and
WHEREAS: Proposals for public use must include a description of the use, expected costs and benefits, and the availability of capital and operating funds to implement said public uses; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with appropriate departments to determine whether the city can submit a proposal for use and to report back to the City Council; and be it further
ORDERED: That the City Manager be and hereby is requested to monitor the proceedings of the sale of the Sullivan Courthouse.

O-12     Apr 26, 2010
VICE MAYOR DAVIS
WHEREAS: While sidewalk seating at restaurants enlivens the street life of the city, the sidewalks must be wide enough so they are safe for pedestrians, people using a mobility device, and those with strollers; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on how the city maintains and enforces the appropriate width of a sidewalk for safe access.

O-13     Apr 26, 2010
COUNCILLOR CHEUNG
WHEREAS: The Cambridge City Council has a history of supporting innovative options to beautify Cambridge and enhance the look and feel of our city; and
WHEREAS: Residents of Cambridge often express the desire for more ‘Open Space’; and
WHEREAS: New construction techniques of semi-permeable paving provide the possibility turn otherwise drab looking parking lots into plots of land that look like grass covered lawns, while maintaining the structural integrity necessary for business and parking use; and
WHEREAS: The use of these paving alternatives could enhance the look and feel of our space-constrained city, as can be imagined from the attached pictures; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with appropriate city departments and community organizations and report back to the City Council with an impact assessment and enabling language for an ordinance amendment requiring that all new street-level parking lots make use of such a semi-permeable paving alternative.

O-14     Apr 26, 2010
COUNCILLOR TOOMEY
WHEREAS: The School Department has made the decision to restructure the clerical staff within the Public Schools; and
WHEREAS: This restructuring has resulted in numerous layoffs; and
WHEREAS: Many of these layoffs affected many residents and long time CPSD employees nearing retirement; and
WHEREAS: The decision making process remains unclear to those directly affected by the layoffs; and; and
WHEREAS: The City Council prides itself on advocating for every laid off worker within the city limits and beyond, and should concern ourselves with out own employees’ rights and welfare; and
WHEREAS: Most, if not all, affected employees are women; now therefore be
RESOLVED: That the City Council go on record opposing the layoff decisions and encourage the Superintendent to reinstate the many long time CPSD employees whose jobs were restructured or eliminated; and be it further
ORDERED: That the City Manager be and hereby is requested to restore funding for these positions until a proper and negotiated process can be achieved with the Cambridge School Department and Unions representing the employees, and to report back to the City Council on the progress.

O-15     Apr 26, 2010
COUNCILLOR DECKER
COUNCILLOR REEVES
COUNCILLOR TOOMEY
COUNCILLOR CHEUNG
WHEREAS: Over three hundred workers at the Shaw’s distribution center in Methuen, Massachusetts have been on strike for six weeks; and
WHEREAS: Striking workers and their families lost their health benefits on April First; and
WHEREAS: In these difficult economic times, loss of pay and health benefits puts a particularly immense strain on working families; and
WHEREAS: Workers are already struggling under the weight of rising health care costs; and
WHEREAS: The State of Massachusetts has a longstanding commitment to assuring affordable healthcare for our citizens; and
WHEREAS: The Methuen workers have been loyal employees for many years; and
WHEREAS: The workers are an integral part of the Methuen community; and
WHEREAS: It is in the best interest of Massachusetts to strive to keep good jobs in our state; and
WHEREAS: Collective bargaining is a time-tested method for resolving labor conflicts; now therefore be it
RESOLVED: That the Cambridge City Council go on record encouraging both parties to return to the bargaining table and arrive at a fair and reasonable contract in an expedient manner; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Mr. Russell Regan, President, United Food & Commercial Workers Union, Local 791 and Mr. Craig Herkert, CEOP of SUPERVALU on behalf of the entire City Council.

O-16     Apr 26, 2010
COUNCILLOR REEVES
WHEREAS: The property at 74/76 Lexington Street was destroyed by a fire in 2008; and
WHEREAS: The neighbors are concerned about the eyesore and a possible hazardous building; and
WHEREAS: The owners should either restore the property or raze it; now therefore be it
ORDERED: That the City Manager be and hereby is requested to investigate this matter and report back to the City Council thereupon.

O-17     Apr 26, 2010
COUNCILLOR DECKER
ORDERED: That the FY2011 City Budget be referred to the Finance Committee, with the exception that the Budget Overview be postponed to a certain date, that being the May 3, 2010 City Council meeting and will be placed on Unfinished Business at which time the City Manager will give an overview of the FY2011 City Budget.

O-18     Apr 26, 2010
COUNCILLOR SIMMONS
WHEREAS: The City Council has received a communication from the Department of Conservation and Recreation (DCR) dated April 14, 2010 (Communication #1 of April 26, 2010) regarding acquisition of a strip of land in Cambridge and Belmont for conservation and recreation purposes; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with information on the specific location of the land at issue and any action that is required by the City Council, the City Manager and the DCR.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on Wed, Apr 7, 2010 at five o’clock and thirty-seven minutes P.M. in the Sullivan Chamber.

The purpose of the meeting was to discuss the work plan for the committee, to receive an update on the Google application and the cable franchising process and negotiations.

Present at the meeting were Vice Mayor Henrietta Davis, Chair of the Committee; Councillor Leland Cheung; Robert W. Healy, City Manager; Richard Rossi, Deputy City Manager; Nancy Schlacter, Assistant to the City Manager; Lee Gianetti, Chief of Staff for Mayor Maher; Susan Fleischmann, Executive Director, Cambridge Community Television, Inc. (CCTV); Ginny Berkowitz, Program Manager, Cambridge Educational Access; Corey Pilz, Consumer Information Specialist, Cambridge Consumers’ Council; Deputy City Clerk Donna P. Lopez; and Penny Peters.

Also present were Robert Winters, 366 Broadway; Chris Connaire, 85 Putnam Avenue; C. Hill; Saul Tannenbaum; and Ed Frankenberry.

Vice Mayor Davis convened the meeting and explained the purpose. She asked Mr. Healy to give an overview of the Google application filed by the city.

Mr. Healy informed the committee that the city filed the Google application on Mar 24, 2010, two days before the application deadline. Nationally there were 11,000 applications submitted. A decision will be made by the end of the year. The questions on the twenty-seven page application were informational. Information about underground regulations was required. All the data that Google required was provided by the city. The life sciences and the universities in the city are a positive factor. However the weather is an issue and the underground utilities in the city are complex. There are positives and negatives for Cambridge with the application. The city has received approval from the Harvard Square Business Association, the Central Square Business Association, the legislative body and universities. Pressure is being put on the FCC to provide greater broadband speed. The regulatory process of the Pole and Conduit Commission is required as well as permission from NSTAR to affix wires. The city will await the decision from Google. If approved there will be a build out and will require a rock saw and be disruptive to city streets. Then the pavement must be restored.

Councillor Cheung asked if Google was investigating regulations. Mr. Healy responded that Google wanted a single point of contact which is the city manager. The Pole and Conduit Commission have a process; rules are in place and Google has been informed of the construction aspect. This will be a city-wide process and there will be no surprises for Google. Cambridge is a high usage area. Councillor Cheung stated that Google will appreciate the thoroughness of the application and the professionalism of the City of Cambridge.

Vice Mayor Davis inquired about Google’s motive. Mr. Healy stated that his belief is that Google’s ultimate sincere goal is to seek opportunities to better the community.

Vice Mayor Davis asked about the cost. Mr. Healy stated that there was no indication of cost per unit or cost of materials. There may be a marginal increase.

The Vice Mayor now opened the meeting to the topic of the cable franchising.

Mr. Healy gave an outline of the background of the cable franchise. He distributed information about the current cable license renewal process (ATTACHMENT A). The process began in January 2008. The cable license expires Dec 31, 2010. The initial cable license was issued in 1980 and was renewed in 1990 and 2000. Verizon FIOS has no interest in Cambridge. Verizon FIOS will reduce its investment in Massachusetts. The franchise process in Massachusetts is too protracted. FIOS is being built out in the suburbs. RCN responded to the RFP but backed out in mid-stream. The city’s goal is to negotiate and put together the best cable franchise. Mr. Healy met with Ms. Berkowitz and Ms. Fleischmann and city departments to prepare a Needs Assessment. An RFP was prepared for a cable consultant. Ms. Sue Buske from the Buske Group was hired. As part of the franchising process there were six focus groups and a technical evaluation of the existing system. The city receives five percent of the revenue from cable subscribers. Sixty percent of that revenue goes to CCTV and Channel 8. A public hearing was held in February 2010 which heard from 30-40 speakers. The audience supported improvements and enhancements to the services provided by CCTV. No complaints were received about Comcast. Negotiations began in March with Comcast. The city cannot negotiate rates and channels. The senior discount is a thing of the past. Comcast owns under the street, the city owns the poles. The license is a ten year license. The city manager concluded that the process is a good one and included many groups.

Vice Mayor Davis asked what the goal of the city is. Mr. Healy responded to have a negotiated refranchise. There are three cable entities: PEG, government and Channel 8 and they have provided their wish list. All data, the needs assessment and license compliance information have been provided to Comcast. Purchase or replacement of equipment has an associated cost. Rates and the senior discount are off the table. The issue is quality of service.

Vice Mayor Davis stated that issues of concern for the public are customer service and channel line-up. She wants the case for Cambridge consumers to be made well. Mr. Healy stated that all comments were incorporated in the Needs Assessment. Mr. Rossi commented that Ms. Buske brings her expertise with cable contracts into the negotiations. Mr. Healy stated that there are good faith negotiations on-going between the city and Comcast.

Vice Mayor Davis stated that the confusion about the consumer rates needed to be clarified. The best senior discount is spending the least amount of money for service. The public must be made aware of the least expensive service and this must be clearly identified. Channel line-up is not dependable. She wants this to be clear for customers; what Cambridge now has is not clear. She requested that the city manager have the National Broadband Plan read; it includes the digital divide in the plan.

At six o’clock and twenty-two minutes P.M. Vice Mayor Davis opened the meeting to public comment.

Robert Winters stated his concern with the arrangement with American Cablevision done twenty-five years ago with minor tweaking. Is the contract of twenty-five years ago still applicable today he asked? He wondered if there was room for "possibilities" involved in the process. He gave up Comcast and uses the municipal channel. He stated that the municipal channel and CSPAN should be available with any service. Literature from Comcast always lists additional service, but inevitably takes something away. As of May 2010 plug in TV channels will go away. His biggest complaint is that the only negotiation is about the PEG channels.

Ms. Fleischmann applauded the work of the city manager and the cable franchise team. The first license, she said, was awesome; the second not so awesome. Comcast will be reasonable about the offering; this will be from data collected through the assessment process. CCTV will bring funds back to Cambridge. The critical piece is outlining the cable-related needs of the community.

Corey Pilz spoke about the complaints received by the Consumer Council. Disclosure of rates is a problem for customers of Comcast. Tiering is a separate issue. Accessing information on the Comcast web site is confusing; this is an issue every municipality has with Comcast. Comcast agents are supposed to disclose the cable rate, if it is a promotional rate and when it expires. The rates are regulated by the FCC. Comcast stated that it informs customers of their rate through their bill. Bill disclosure is an issue. He suggested that consumers read their bill--carefully.

Vice Mayor Davis stated that she wants customers to be made aware that they can get all "life-line" type of package.

Ginny Berkowitz stated that the process for refranchising was a well executed process. This was a positive improvement at the School Department. How the city distributes to the media was reviewed. More will happen on line, she said.

Mr. Healy stated that the compliance analysis, specifically complaints, disclosure and misleading ads, have been explained to Comcast. Mr. Rossi added that the same problems outlined here are the same with all cable providers.

Vice Mayor Davis now proceeded to discuss the work plan for the committee. She asked Councillor Cheung for his input.

Councillor Cheung spoke of the digital divide. He requested an update on this issue and what progress was made. Vice Mayor Davis stated that this should be revisited. Additional funding is sought for the Pilot Program.

Susan Fleischmann stated that a $700,000 grant was received by the CHA to reopen their media labs. A follow-up report will be provided on the Pilot Program that rolled out WIFI at Newtowne Court. It is critical to make WIFI available in public housing. Councillor Cheung stated that he heard that maintenance of the equipment was an issue. Is this accurate? Ms. Fleischmann responded that money was received to upgrade the system.

Vice Mayor Davis stated that a meeting will be held on the digital divide. She outlined other issues the committee would work on. They were energy in buildings, specifically to decrease energy consumption and increase energy efficiency; the weatherization program; update on the Cambridge Energy Alliance; non-profits and energy efficient buildings; Climate Congress; solar energy; ARRA funds and the Property Assessed Clean Energy (PACE) program.

Councillor Cheung stated that gov2.0 is using technology to push government forward. This is critical. It will open up data behind information. Vice Mayor Davis explained that the MBTA application is giving reports on bus arrival with LED lights. Councillor Cheung commented that the governor supported priority on open data.

Saul Tannenbaum favored MBTA providing schedule information on all buses. He would like to see gov2.0 achieve specific milestones. It is not feasible to open all data at once. Vice Mayor Davis asked what data would be useful. Mr. Winters replied better notification of meetings. Mr. Tannenbaum responded: the ability to view transactions, inspection of restaurants, pothole fixing (picture of pothole taken, reported to city, acknowledged by city, and picture of fixed pothole).

Councillor Cheung requested cell coverage to be part of the working plan for the committee. Mr. Rossi stated that there is controversy on installing cell towers as it relates to zoning.

Vice Mayor Davis thanked all attendees for their participation.

The meeting adjourned at seven o’clock and eight minutes P.M.

For the Committee,
Vice Mayor Henrietta Davis, Chair

AWAITING REPORT LIST
09-147. Report from the City Manager:
RE: report on what barriers would prevent residents from raising chickens and what could be done to remove these barriers. Remains on Awaiting Report List at request of Councillor Davis
Councillor Davis and Full Membership 12/14/09 (O-2)

10-02. Report from the City Manager:
RE: report on an assessment and plan for repairs and improvements of all school playgrounds.
Mayor Maher and Full Membership 01/11/10 (O-3)

10-14. Report from the City Manager:
RE: report on the status of Cambridge becoming a "Green Community."
Vice Mayor Davis, Councillor Cheung, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 02/08/10 (O-2)

10-21. Report from the City Manager:
RE: report on implementing a CitiStat type system for tracking police and criminal activity.
Councillor Cheung and Full Membership 02/22/10 (O-2)

10-32. Report from the City Manager:
RE: report on issues with the development of the former St. John’s property site.
Councillor Kelley and Full Membership 03/08/10 (O-4)

10-46. Report from the City Manager:
RE: report detailing issues of greatest importance that are before the Police Review and Advisory Board.
Councillor Simmons 03/22/10 (O-12)

10-47. Report from the City Manager:
RE: report on a list of properties that the police department does not have jurisdiction and how police respond to calls to these properties.
Councillor Kelley 03/22/10 (O-14)

10-48. Report from the City Manager:
RE: report on the status of initial funds and any other funds received to date from Lesley University for improvements to Mass Avenue.
Councillor Seidel 03/22/10 (O-15)

10-49. Report from the City Manager:
RE: report on the feasibility of adopting a Pay-As-You-Throw program.
Councillor Reeves 03/22/10 (O-17)

10-50. Report from the City Manager:
RE: report on options for amending the ordinance to allow for permitting of civic organizations to use public space after hours.
Councillor Cheung 03/22/10 (O-18)

10-51. Report from the City Manager:
RE: report on how the City handled the recent flooding, how residents are being informed of any federal assistance and on informing residents in the flood plain of the need to purchase flood insurance.
Mayor Maher 03/22/10 (O-19)

10-53. Report from the City Manager:
RE: report on the status of the experimental rubber sidewalks.
Councillor Kelley and Full Membership 04/05/10 (O-9)

10-54. Report from the City Manager:
RE: report on parking in the area of the Police Headquarters.
Councillor Kelley and Full Membership 04/05/10 (O-12)

10-56. Report from the City Manager:
RE: report on the adoption of a regulation to prohibit licensed hotels from subcontracting housekeeping services.
Councillor Decker, Councillor Cheung, Mayor Maher, Councillor Toomey, Councillor Reeves and Full Membership 04/05/10 (O-16)

10-57. Report from the City Manager:
RE: report on Harvard using the Jesuit properties for affordable housing and whether Harvard will offer other properties in the same neighborhoods for the purpose of developing affordable housing.
Councillor Decker & Councillor Cheung 04/05/10 (O-20)