CITY MANAGER’S AGENDA

1. Transmitting communication from Robert W. Healy, City Manager, relative to the votes necessary to seek the Massachusetts Department of Revenue approval for the tax rate for FY2009:  All adopted 8-0-1 (Decker ABSENT)

A. Appropriate $8,000,000 from Free Cash to the City's Debt Stabilization Fund;

B. Authorize the further use of Free Cash of $9,000,000 to reduce the FY2009 tax rate as follows: Operating Budget $2,000,000; Public Investment $1,000,000; Tax Support Reduction $6,000,000.

C. Authorize $2,000,000 in overly surplus/reserve be used for reducing the FY2009 tax rate;

D. Authorize $7,000,000 from the Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

E. Authorize $2,919,340 from the School Debt Stabilization Fund to be used as a revenue source to the General Fund Budget;

F. Classify property into five classes;

F. Adopt a minimum residential factor of 57.00%

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

I. Double the normal value of the statutory exemptions;

J. Increase the FY2009 exemption allowed under MGL Chapter 59, Section 5, Clause 17D from $262.00 to $271.00;

K. Increase the FY2009 asset limits allowed under MGL Chapter 59, Section 5, Clause 17E from $52,117 to $53,889;

L. Increase the FY2009 income and assets limits allowed under MGL Chapter 59, Section 5, Clause 41D, as follows: Income limits from $21,548 to $22,281 for single and $32,323 to $33,422 for married; and asset limits from $43,097 to $44,562 for single and $59,258 to $61,273 for married;

M. Increase the income limit for deferral of real estate taxes by elderly persons from $20,000 to $40,000; and

N. Vote to set the charge for each written demand issued by the collector $5.00 (no change) to be added to and collected as part of the tax, as authorized by MGL Chapter 60, Section 15.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as member of the Conservation Commission for a term of three years to expire Sept 17, 2011:  Blair Haney, Catherine Pedemonti

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-74, regarding a report on methods of collecting, maintaining, and analyzing traffic enforcement and accident data.  Referred to Transportation, Traffic, & Parking Committee - Kelley

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager, relative to environmental and legal matters associated with the Yerxa Road Underpass project. Placed on Table on motion of Councillor Kelley on City Manager Item Number Twenty-five of July 28, 2008.

UNFINISHED BUSINESS
2. 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.]

3. 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.]

4. Transmitting communication from Robert W. Healy, City Manager, relative to an additional appropriation request and Loan Order regarding the CRLS renovation project. The question comes on adoption on or after Aug 11, 2008.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation to submit a Home Rule Petition to the General Court seeking authority to increase civil penalties for failure to remove snow. The question comes on passing to be ordained on or after Oct 6, 2008.  Ordained 8-0-1 (Decker ABSENT) - Ordinance 1317

APPLICATIONS AND PETITIONS
1. An application was received from Classic Graphx, requesting permission for a sign at the premises numbered 26 Central Square. Approval has been received from Inspectional Services, Department of Public Works, Community Development Department and abutters.

2. An application was received from Harvard Square Business Association, requesting permission for two temporary banners across Massachusetts Avenue at City Hall and JFK Street at Mount Auburn Street announcing Oktoberfest.

3. An application was received from The Sacramento Street Gallery at the Agassiz Baldwin Community Center, requesting permission for a sandwich board sign at the corner of Massachusetts Avenue and Sacramento Street announcing the 8th Annual Small Works Show.

4. An application was received from Sign of the Dove, requesting permission for a sandwich board sign in front of 36 JFK Street.

COMMUNICATIONS
1. A communication was received from Francis H. Duehay et al., transmitting support for the proposal to rename Plympton Street for David J. Halberstam.  Referred to Gov't Operations & Rules Committee

2. A communication was received from the family of Palmyra (Carvalho) Freitas, acknowledging your kind expression of sympathy.

3. A communication was received from Janet Creighton, Deputy Assistant to the President and Director of Intergovernmental Affairs, transmitting thanks for the resolution concerning the Ethiopian government and the Universal Declaration of Human Rights.

RESOLUTIONS
1. Resolution on the death of Anna (Siraco) Lombardi.   Councillor Toomey

2. Retirement of Marie Elena Letona from her position as Executive Director of Centro Presente.   Councillor Toomey

3. Congratulations to the Boston Black Student Network (BBSN) organizers on their HollaDay event on Sept 27, 2008.   Mayor Simmons

4. Retirement of Lisa Antonelli from the Cambridge Hospital.   Mayor Simmons

5. Retirement of Patricia Regan from the Cambridge Hospital.   Mayor Simmons

6. Thanks to the Cambridge Community Chorus for its years of artistic contributions to the City of Cambridge.   Mayor Simmons

7. Resolution on the death of Private First Class Leonard J. Gulczynski.   Councillor Decker
8. Resolution on the death of Private First Class Jamel A. Bryant.   Councillor Decker
9. Resolution on the death of Corporal Michael E. Thompson.   Councillor Decker
10. Resolution on the death of Captain Michael J. Medders.   Councillor Decker
11. Resolution on the death of Staff Sergeant Matthew J. Taylor.   Councillor Decker
12. Resolution on the death of Sergeant Wesley R. Durbin.   Councillor Decker
13. Resolution on the death of First Lieutenant Robert Vallejo.   Councillor Decker
14. Resolution on the death of Staff Sergeant Ronald Phillips Jr.   Councillor Decker
15. Resolution on the death of Sergeant Anthony L. Mason.   Councillor Decker
16. Resolution on the death of Chief Warrant Officer Brady J. Rudolf.   Councillor Decker
17. Resolution on the death of Captain Darrick D. Wright.   Councillor Decker
18. Resolution on the death of Chief Warrant Officer Corry A. Edwards.   Councillor Decker
19. Resolution on the death of Sergeant Daniel M. Eshbaugh.   Councillor Decker
20. Resolution on the death of First Sergeant Julio C. Ordonez.   Councillor Decker
21. Resolution on the death of Chaplain (Colonel) Sidney J. Marceaux Jr.   Councillor Decker

22. Congratulations to SCM Community Transportation on the occasion of receiving the Cambridge Chamber of Commerce's Nonprofit of the Year for 2008.   Councillor Davis

23. Congratulations to George L. Fosque on the occasion of receiving the 2008 Jeff Grossman 9-1-1 Award.   Councillor Davis

24. Speedy recovery wishes to former Mayor and City Councillor Francis H. Duehay.   Councillor Maher

25. Happy 80th Birthday to Melvin H. King.   Mayor Simmons

26. Resolution on the death of Alice L. (Conroy) Rita.   Councillor Maher, Councillor Davis, Vice Mayor Murphy

27. Condolences to the family of Kitty Galbraith.   Vice Mayor Murphy

28. Welcome to Jeff Mayersohn and Linda Seamonson as the new owners of the Harvard Book Store.   Vice Mayor Murphy

29. Best wishes to Frank Kramer in his future endeavors and thanks for his years of service to the Cambridge community.   Vice Mayor Murphy

30. Get well wishes to Kristen Freitas.   Councillor Maher, Councillor Toomey

31. Congratulations to Dr. David P. Barnett as the new President and CEO of Mount Auburn Cemetery.   Councillor Davis

32. Thanks to the attendees who visited the Harlem Children Zone.   Councillor Reeves

33. Congratulations to the West Division for winning the 2008 Minor League All-Star Championship.   Vice Mayor Murphy

34. Congratulations to the North Division for winning the 2008 Major League All-Star Championship.   Vice Mayor Murphy

35. Condolences to the family of Ms. Undeen Sayles.   Mayor Simmons

36. Urge residents to be cognizant of and participate in the Break the Silence Rally and vigil on October 6, 2008.   Mayor Simmons

37. Resolution on the death of Mary (Perry) Bentubo.   Councillor Toomey

38. Resolution on the death of Shirley M. (Doran) DaSilva.   Councillor Toomey

39. Resolution on the death of Fernando G. Viana.   Councillor Toomey

40. Resolution on the death of Mrs. Fusco.   Councillor Toomey

41. Resolution on the death of Robert Richard Lukas-Lukosunas.   Councillor Toomey

42. Resolution on the death of Joanne F. (Daly) Gillis.   Councillor Toomey

43. Appreciation to all who participated in the Breast Cancer Walk on October 5, 2008.   Mayor Simmons

 ORDERS
1. Petition to amend the Zoning Ordinance (Sections: 20.88 and 20.810, Memorial Drive Overlay District) be referred to the Planning Board and the City Council for a hearing and report.   Councillor Davis, Councillor Kelley, Councillor Seidel, Mayor Simmons, Vice Mayor Murphy, Councillor Decker and Councillor Reeves

2. That the City Manager is requested to confer with the Law Department and to report back to the City Council with draft language of a land transfer agreement in which the owners of Shady Hill Square will donate the parcel to the City of Cambridge in order to ensure the open space remains a place for the public to use and enjoy.   Councillor Toomey  Charter Right - Simmons

3. That the City Manager is requested to confer with the Office of Workforce Development to develop and support a Green Corps of youth and young adults who will be placed in the Mayor's Summer Youth Employment Program (MSYEP), City Sprouts, and other programs to support green initiatives and learn green jobs skills in Cambridge.   Mayor Simmons and Councillor Davis

4. That the City Manager is requested to recommend a method to require all property owners or managers of affordable or low-income housing units, either rented or sold, doing business within the City of Cambridge as of Jan 1, 2009, to install only energy efficient light bulbs in all of their Cambridge units, both for new bulb installations as well as for replacement of expiring bulbs.   Mayor Simmons and Councillor Davis

5. That the City Manager is requested to report back to the City Council on the possible use restrictions on the Sullivan Court House if the building were to remain, be cleaned, and be renovated but not be under the ownership of the State.   Councillor Toomey

6. That the City Manager is requested to direct the Department of Conservation and Recreation's attention to the continuing problems in the construction area at the BU Bridge.   Councillor Davis

7. That the City Manager is requested to initiate an inventory of parking and vacant lots on Brookline Street with a view to making recommendations for better uses of those lots to restore the street to its former vitality before the Inner Belt threat.   Councillor Davis

8. That the City Manager is requested to contact the Cambridge Housing Authority about antennas for large buildings they maintain that must have converter boxes in order to deliver a digital TV signal after Feb 17, 2009   Councillor Davis

9. That the City Manager is requested to confer with the City Solicitor to determine if the City can rescind the special permit for Northpoint for not complying with mitigation efforts.   Councillor Toomey

10. That the City Council go on record urging residents to be cognizant of and participate in the Break the Silence Rally and candlelight vigil on Oct 6, 2008 on the steps of City Hall.   Mayor Simmons

11. That the City Manager is requested to execute an appropriate informal survey of Cambridge senior citizens and low-income residents to get an idea about their level of preparedness for the conversion from analog to digital TV signals.   Councillor Davis and Mayor Simmons

12. That the City Manager is requested to confer with the Traffic, Parking and Transportation Department and the City of Somerville Traffic and Parking Department to create a safer intersection at the corner of Porter Street and Bedford Street and determine if signage is necessary.   Councillor Toomey

13. That the Cambridge City Council reiterate its opposition to any cuts to The Work Force Program and the Cambridge Housing Authority's Community Computer Labs Program.   Councillor Seidel

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Craig Kelley, Chair of the Transportation, Traffic and Parking Committee, for a meeting held on Sept 10, 2008 to discuss red light camera enforcement.

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Brian Murphy, Chair of the Finance Committee, for a meeting held on Sept 25, 2008 to discuss the additional appropriation of the high school, FY09 tax rate, as well as the prior and current year revenues.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Marilyn Y. Bradshaw, Executive Secretary of the School Committee, transmitting notification of an order adopted by School Committee to address the issue of parking at the Fletcher-Maynard Academy.

2. A communication was received from Mayor E. Denise Simmons, requesting approval of the City Council for travel funds to participate in a Sister City visit to Oeiras, Portugal.  Request approved on a voice vote

HEARING SCHEDULE
Mon, Oct 6
5:00pm   Special Presentation to welcome Cambridge Community Chorus with new Music Director Jamie Kirsch  (Sullivan Chamber)
5:30pm   City Council Meeting  (Sullivan Chamber)
6:30pm   The City Council will conduct a public hearing to discuss the property tax rate classification.  (Sullivan Chamber)

Tues, Oct 7
9:00am   The Government Operations and Rules Committee will conduct a public meeting to receive a presentation and report on the result of the citizen satisfaction survey.  (Ackermann Room)
5:30pm   The Transportation, Traffic and Parking Committee will conduct a public meeting to discuss the issue of potholes and street hazard repair.  (Sullivan Chamber)

Wed, Oct 8
3:00pm   The Housing Committee will conduct a public meeting to receive an update from the Cambridge Housing Authority on recent developments and issues, including funding issues, and further, to receive from Community Development Department housing staff a comparison of the Cambridge Housing Authority resident preference policy and the residence preference policy used in other city-funded affordable housing.  (Sullivan Chamber)

Wed, Oct 15
6:00pm   "World Cafe" citizen participation event to assist the City Council to set its goals for FY 2010.  (Senior Center, 806 Mass. Ave.)

Mon, Oct 20
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Oct 21
4:30pm   The Cable TV, Telecommunications and Public Utilities Committee will conduct a public meeting to discuss the conversion to digital TV and other issues related to cable.  (Sullivan Chamber)

Wed, Oct 22
6:00pm   GLBT Town Meeting  (Sullivan Chamber)

Mon, Oct 27
5:30pm   Roundtable Meeting regarding ongoing strategic planning activities at the Cambridge Health Alliance  (Sullivan Chamber)

Wed, Oct 29
8:45am   Facilitated Goal and Training Retreat to determine the City Council goals for FY 2010.  (344 Broadway, 2nd Fl Conference)

Thurs, Oct 30
5:00pm   The Health and Environment Committee will conduct a public meeting to discuss winter heating, weatherization and preparedness for extreme weather events.  (Sullivan Chamber)

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

Thurs, Nov 6
8:45pm   Facilitated Goal and Training Retreat to determine the City Council goals for FY 2010. (If needed)  (344 Broadway, 2nd Fl Conference)

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

Wed, Nov 19
5:00pm   The Ordinance Committee will conduct a public hearing on a revised petition submitted by Alexandria Real Estate Equities proposing amendments in the PUD-3A, PUD-4C and PUD 4B Districts to the Zoning Map of the City of Cambridge in eastern Cambridge. This hearing to be televised.  (Sullivan Chamber)

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

Mon, Dec 1
5:30pm   Roundtable Meeting with NSTAR  (Sullivan Chamber)

Mon, Dec 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Dec 29
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

Mon, Jan 26
5:30pm   City Council Meeting  (Sullivan Chamber)

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

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

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

TEXT OF ORDERS
O-1     Oct 6, 2008
COUNCILLOR DAVIS
COUNCILLOR KELLEY
COUNCILLOR SEIDEL
MAYOR SIMMONS
VICE MAYOR MURPHY
COUNCILLOR DECKER
COUNCILLOR REEVES
ORDERED: That the attached petition to amend the Zoning Ordinance (Sections: 20.88 and 20.810, Memorial Drive Overlay District) be referred to the Planning Board and the City Council for a hearing and report.

O-2     Oct 6, 2008  Charter Right - Simmons
COUNCILLOR TOOMEY
WHEREAS: The City Council has recently approved a Community Preservation Act allocation to be used to help obtain a parcel of land at Shady Hill Square; and
WHEREAS: Upon purchase of this land the owners and the City should ensure that the parcel remains open space in perpetuity; and
WHEREAS: By donating the land, the owners will presumably receive significant tax benefits; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Law Department and to report back to the City Council with draft language of a land transfer agreement in which the owners of Shady Hill Square will donate the parcel to the City of Cambridge in order to ensure the open space remains a place for the public to use and enjoy.

O-3     Oct 6, 2008
MAYOR SIMMONS
COUNCILLOR DAVIS
WHEREAS: There is a need for youth and young adults to participate in the greening of Cambridge and to learn "green jobs" skills; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Office of Workforce Development to develop and support a Green Corps of youth and young adults who will be placed in the Mayor's Summer Youth Employment Program (MSYEP), City Sprouts, and other programs to support green initiatives and learn green jobs skills in Cambridge.

O-4     Oct 6, 2008
MAYOR SIMMONS
COUNCILLOR DAVIS
WHEREAS: Buildings with more than 50% of units marketed as affordable or low-income eligible utilize a significant amount of electricity with the expense generally absorbed by low-income individuals; now therefore be it
ORDERED: That the City Manager be and hereby is requested to recommend a method to require all property owners or managers of affordable or low-income housing units, either rented or sold, doing business within the City of Cambridge as of Jan 1, 2009, to install only energy efficient light bulbs in all of their Cambridge units, both for new bulb installations as well as for replacement of expiring bulbs.

O-5     Oct 6, 2008
COUNCILLOR TOOMEY
WHEREAS: The vacancy at the Sullivan Court House has created a complex situation for the State; and
WHEREAS: The future of the site is of great interest to the residents of East Cambridge; and
WHEREAS: Future use of the site is in question due to the high cost associated with first purchasing the site from the State and then being required to perform a clean-up of the site before rehab can begin; and
WHEREAS: The Sullivan Court House has been a State-run facility since it was constructed and selling to a private entity for alternative use seems to be the most likely option that the State will explore; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the zoning status of the parcel if the building were to be demolished and the site to be under the control of a private developer; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the possible use restrictions on the Sullivan Court House if the building were to remain, be cleaned, and be renovated but not be under the ownership of the State.

O-6     Oct 6, 2008
COUNCILLOR DAVIS
WHEREAS: The construction now underway at the BU Bridge is causing serious traffic gridlock in the morning and evening which also impacts bicyclists and pedestrians; and
WHEREAS: There will be further construction and traffic issues when the bridge is totally renovated; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Department of Conservation and Recreation's attention to the continuing problems in the construction area at the BU Bridge.

O-7     Oct 6, 2008
COUNCILLOR DAVIS
WHEREAS: Brookline Street is being reconstructed and beautified; and
WHEREAS: Brookline Street has long been neglected due to the threat of the Inner Belt which resulted in owners tearing down structures and leaving behind unsightly parking and vacant lots on several corners; now therefore be it
ORDERED: That the City Manager be and hereby is requested to initiate an inventory of parking and vacant lots on Brookline Street with a view to making recommendations for better uses of those lots to restore the street to its former vitality before the Inner Belt threat.

O-8     Oct 6, 2008
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to contact the Cambridge Housing Authority about antennas for large buildings they maintain that must have converter boxes in order to deliver a digital TV signal after Feb 17, 2009; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the Cambridge Housing Authority's plans regarding this matter.

O-9     Oct 6, 2008
COUNCILLOR TOOMEY
WHEREAS: The Northpoint development continues to sit idle; and
WHEREAS: The MBTA is taking the responsibility for the Lechmere Station relocation upon themselves; and
WHEREAS: The burden of the station relocation has been lifted from the developer; and
WHEREAS: The extra traffic expected at the development was to be mitigated by the developer in ways which included a new Lechmere Station; and
WHEREAS: The Planning Board found that the relocation of the Green Line station onto the Development Parcel is central to the mitigation efforts; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor to determine if the City can rescind the special permit for Northpoint for not complying with the mitigation.

O-10     Oct 6, 2008
MAYOR SIMMONS
WHEREAS: 31 women, men and children in Massachusetts have lost their lives to domestic violence so far in 2008; and
WHEREAS: Nearly one in ten high school aged girls in Cambridge experienced dating violence in the past year; and
WHEREAS: Around the world, 1 in 3 women will be abused in her lifetime; and
WHEREAS: Approximately 43,000 children a year in Massachusetts are exposed to abuse and violence between family members; and
WHEREAS: Estimates show that 1 out of every 12 women and 1 out of every 45 men in the United States are stalked in their lifetime; and
WHEREAS: For every one case of elder abuse reported to authorities, it's estimated that five more go unreported; and
WHEREAS: Abuse is more common for pregnant women than gestational diabetes or pre-eclampsia - conditions for which women are routinely screened; and
WHEREAS: Violence against women by their intimate partners is the leading cause of injury to women, responsible for more injuries than car crashes, rape, and muggings combined; now therefore be it
RESOLVED: That the City Council go on record proclaiming the month of October 2008 as Domestic Violence Awareness Month in the City of Cambridge, Massachusetts; and be it further
ORDERED: That the City Council go on record urging residents to be cognizant of and participate in the Break the Silence Rally and candlelight vigil on Oct 6, 2008 on the steps of City Hall; now therefore be it
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Domestic Violence Free Zone Initiative at the Cambridge Public Health Department on behalf of the entire City Council.

O-11     Oct 6, 2008
COUNCILLOR DAVIS
MAYOR SIMMONS
WHEREAS: An early conversion from analog to digital TV signals in Wilmington, North Caroline, resulted in 16,000 phone calls for assistance in a community of 75,000; and
WHEREAS: All Cambridge TV signals will be converted to digital as of Feb 17, 2009; now therefore be it
ORDERED: That the City Manager be and hereby is requested to execute an appropriate informal survey of Cambridge senior citizens and low-income residents to get an idea about their level of preparedness for the conversion from analog to digital.

O-12     Oct 6, 2008
COUNCILLOR TOOMEY
WHEREAS: Residents parking their cars at the corner of Porter Street and Bedford Street are obstructing cars trying to make turns at that intersection; and
WHEREAS: If passenger vehicles cannot easily make the turn, emergency vehicles will most likely will have greater difficulty; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department and the City of Somerville Traffic and Parking Department to create a safer intersection and determine if signage is necessary and report back to the City Council.

O-13     Oct 6, 2008
COUNCILLOR SEIDEL
WHEREAS: Governor Patrick is currently considering budget cuts that would adversely impact Cambridge's Work Force Program and the Cambridge Housing Authority's Community Computer Labs Program; and
WHEREAS: The cuts would require significant cuts in services to the 135 students enrolled in The Work Force Program as well as foreclose access to technology upon which those 135 teenagers rely for their schoolwork as well as eliminate services to the 219 adults enrolled in the "Strictly Computers" classes and the 165 adults enrolled in the Gateways ESOL classes; and
WHEREAS: The positive impact of the Work Force Program in undeniable; and
WHEREAS: A recent survey of Work Force Program graduates found that 94 percent enrolled in post-secondary education upon graduation from high school and 91 percent were working or in school at the time of the survey and, perhaps most telling, 66 percent of graduates have moved out of public housing; now therefore be it
RESOLVED: That the Cambridge City Council reiterate its opposition to any cuts to the Work Force Program and the Community Computer Labs Program; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the Cambridge Legislative Delegation and Governor Patrick on behalf of the entire City Council.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Transportation, Traffic and Parking Committee held a public meeting on Wed, Sept 10, 2008 at five o’clock and thirty-four minutes PM in the Sullivan Chamber.

The purpose of the meeting was to discuss red light camera enforcement.

Present at the meeting were Councillor Craig Kelley, Chair of the Committee; Councillor Timothy J. Toomey; Councillor Sam Seidel; Vice Mayor Brian Murphy; Councillor Henrietta Davis; Police Commissioner Robert Haas; Lieutenant Jack Albert; Sergeant Kathy Murphy, Police Department; Susanne Rasmussen, Director, Environment and Transportation Planning, Community Development Department (CDD); Rosalie Anders, Project Administrator, Environment and Transportation Division, CDD; Sue Clippinger, Director, Traffic, Parking and Transportation; and Deputy City Clerk Donna P. Lopez.

Also present were Buzz Owen, 3 Clinton Street; Megan Brook, 103 Inman Street; Gavi Wolfe, UCLU of MA, 1 Merrill Street; Jacqueline Douglas, 70 Pacific Street; Denez McAdoo, 66 Bishop Allen Drive; Rozann Kraus, 91 Chilton Street, Cambridge; and Elizabeth Beaver.

Councillor Kelley convened the meeting and explained the purpose. This will be an informal meeting. One of the complaints is that cars do not stop for red lights. Camera enforcement is triggered by the car. The legislature has not passed the law for camera enforcement of red light running.

At five o’clock and thirty-five minutes PM Councillor Kelley opened the meeting up to public comment.

Megan Brook, a frequent pedestrian, stated that the abutters should have information about where cameras will be aimed. This is scary and weird. She used to live by a person who had cameras facing both the street and her yard. Still, she favors something being done, whether it’s more active, more varied enforcement, more active enforcement in intersections, and more rational arrangement of traffic signals. Drivers getting stuck turning against oncoming traffic is a problem. Improvements are needed. Using the roadway is a mutual responsibility. Anything that benefits pedestrians can also benefit drivers.

Jackie Douglas from Liveable Streets stated Liveable Streets is in favor of red light cameras but understands the privacy issue.

Buzz Owen stated that he is interested in privacy. The city should have a privacy clause for all records collected. What steps are used to make sure that the records are accurate, he asked? He was taping for "you were here." What sort of information would be made public?

Rozann Kraus stated that the cameras focus on the license plates only. She favored cameras at red lights rather than at a bank when making a deposit. She is pretty much a libertarian, but cameras already exist and when people are aware of the cameras there is more safety and laws are obeyed. This could save lives as people would pay attention as they do at rotaries. She favored cameras moved to various intersections.

Councillor Toomey stated that this is an important issue for pedestrians. We’re on film all the time, including, ironically, outside CCTV, and the public has no say on where current cameras are located. Cameras at intersections will be activated only when a violation occurred. Only license plate numbers will be captured, not the people in a car. Police will review the film and determine if there was a violation. If a violation has occurred a ticket will be issued. This is a public safety issue for pedestrians. This is not a privacy issue because only the license plate number is captured. Car owners need to be responsible if they lend their car to someone. This is long overdue in Cambridge, as it is a liveable, walkable city. The focus on the privacy issue is on the wrong place. He hopes that the votes are there to pass.

Gavi Wolfe from the ACLU and a Cambridge resident stated his concern on red light camera enforcement. This is a privacy and due process issue. Red light camera enforcement has not been proven to benefit the public safety. There has been shown a decrease in right angle accidents with camera enforcement, but an increase of 15% in rear end collisions as cars jam on breaks for yellow lights in a Virginia study. The end result is that there are more accidents with red light camera enforcement. A major public benefit is to increase yellow lights from .5 to 1.5. One study showed that this change could reduce accidents by 50%, so good traffic engineering could be more effective than red light cameras. The camera image records cars at a place at a given time – this monitors whereabouts, unlike Google’s snapshot. This is a civil liberty and a quality of life issue. People may prefer not to be under surveillance. What happens to the data that is captured, he asked? Information needs to be destroyed in a specified time. There is a difference from being stopped by a police officer versus receiving a citation in the mail. The owner of the car is presumed liable. He spoke about timely receipt of the citation in the mail and who was driving the car. Councillor Toomey asked Mr. Wolfe what the ACLU is doing about other cameras. Mr. Wolfe stated that the ACLU is concerned about government intrusion.

Elizabeth Beaver stated that she began to keep track of red light running three years ago. She sees this violation every day. She has never seen a police officer stop a car for running a red light. She walks her seventh grade daughter to school every day because of her concern for her safety because there are two intersections to get through.

Councillor Kelley commented on the issue of privacy, logistics and where is the legislation. Councillor Toomey stated that the legislation will not pass this legislative session. A home rule petition from Cambridge would go a long way with the Legislature. This legislation will be resubmitted in January.

Ms. Anders spoke about tightening the law. The records can only be used for red light violation and only within one year by law.

Councillor Kelley asked for comments on red light cameras not being effective.

Councillor Toomey stated that motorist do not stop for "red lights" so they will not stop for "yellow lights". At some point we need to honor kids and pedestrians. The increase in rear accident collisions indicates that the car was going to run a red light.

Councillor Murphy asked if there was any evidence that increasing the time of a yellow light would decrease accidents. Ms. Clippinger stated that the safety of pedestrians is the critical issue. A longer yellow light can be run through more frequently, especially with regular users. This could result in a reverse halo effect behavior. It is important that there be consistent and predictable signal lights. Ms. Rasmussen stated that it is more serious for a pedestrian who is hit by an automobile that a rear end collision.

Councillor Kelley asked if there was data on pedestrians hit by automobiles and where the accidents occurred. Ms. Clippinger stated that accident reports are filed. Pedestrian and bike accidents are reviewed and the incidents are low in Cambridge. Ms. Krauss commented that there are a lot of near accidents.

Ms. Anders stated that extending the yellow light could help. The study done by Richard Reading in Virginia did not explain the starting point. Mr. Wolf suggested reviewing a report done in Swampscott. This report reviewed the public safety data but did not look at the privacy issue. Ms. Rasmussen stated that if you drive on the turnpike your photo is taken as you pay the toll.

Councillor Seidel expressed his concern with the presumption of responsibility of car owner for running a red light when someone uses their car. Councillor Toomey commented that it was as if someone borrowed your car and got a parking ticket. It is not a surchargeable offense.

Ms. Kraus spoke about extending the yellow light and the learning curve. She suggested an educational program that addresses all the issues including a message to pedestrian, bicyclist and motorist on traveling responsibly. She commented that people initially had problems with the countdown for pedestrian lights; people will learn how to handle red light enforcement. Breaking the law has an impact on privacy expectations. She saw a cyclist almost get creamed at Fresh Pond and irresponsible people need to get the message of traveling safely.

Councillor Kelley asked Commissioner Haas if the police have an opinion on the camera enforcement. Commissioner Haas stated that this is not the answer, but could be part of something bigger. This would not result in taking officers off streets, would be focused on relevant intersections. Fair and adequate warning would be crucial and would help change people’s attitudes. There needs to be a viable way to have people change their attitude of running red lights. This is a different approach than if a police officer stops a motorist and issues a ticket. If a red light is run due to an emergency situation the camera records this fact. There is also a hearing process. The infrastructure to review the photos is an issue from a staffing perspective. It is blind justice – go through a red light get a ticket. Philadelphia has a pretty good program, but some other towns have less good ones.

Councillor Davis stated that she supported this issue with safeguards. Police officers stationed at important intersections is impractical. Behavior needs to change and this is the next tool.

Ms. Brook stated that she would like to see more varied enforcement. The intersection in Inman Square would be a good location for a camera. Some intersections are simply too dangerous to stop cars in.

Mr. Owen expressed concern about extenuating circumstances.

Ms. Anders stated that education is needed to make this program run successfully.

Ms. Kraus spoke about near accidents. She has asked the police to stop cars, but was reluctant because they did not see the incident.

Ms. Beaver commented that in Cambridge the yellow light means accelerate – not caution.

In conclusion Councillor Kelley stated that Mr. Wolfe would get the Swampscott report and Ms. Anders the Virginia report. Two e-mails were received and made part of this report as follows:
Steve Miller, 92 Henry Street (ATTACHMENT A)
George Perkins, 11 Yerxa Road (ATTACHMENT B).

Councillor Kelley thanked all attendees for their participation. He kept this matter in committee.

The meeting adjourned at six o’clock and thirty minutes PM.

For the Committee,
Councillor Craig Kelley, Chair

Committee Report #2
The Finance Committee, comprised of the entire membership of the City Council, conducted a public meeting on Thurs, Sept 25, 2008 at ten o’clock AM. in the Ackermann Room.

The purpose of the meeting was to discuss the additional appropriation of the high school, FY09 tax rate, as well as the prior and current year revenues.

Present at the meeting were Vice Mayor Brian Murphy, Chair of the Committee; Councillor Henrietta Davis; Councillor Craig Kelley; Robert W. Healy, City Manager; Nancy Schlacter, Assistant to the City Manager; Louis DePasquale, Assistant City Manager for Fiscal Affairs; Michelle Kincaid, Director, Financial System and Operations, Finance Department; David Kale, Budget Director; David Holland, Budget Department; James Monagle, City Auditor; Robert Reardon, Director of Assessing; Margaret Drury, City Clerk; and Donna P. Lopez, Deputy City Clerk.

Vice Mayor Murphy opened the meeting and explained the purpose. Vice Mayor Murphy requested the City Manager to give an update on the high school project.

Vice Mayor Murphy asked if there was any fear that the SBA loans would be frozen. Mr. Healy stated that he does not believe that SBA funds will be affected by contemplated state budget cuts. However, if the national economic conditions do not stabilize by the Feb 12, 2009 bid date then there may be no contract awarded. The City needs to proceed. There are two design documents being prepared.

Councillor Davis asked if there was any chance that the bids on the high school would come in lower due to the economic climate. Mr. Healy stated that there are not many general contractors who are eligible to bid on the high school project. He is hoping that the project will attract bigger, non-traditional bidders. The bids will open in February. He does not think that the project will exceed the $125 million; this is why there is a $5 million bid contingency.

The committee proceeded to discuss the FY 09 Property Tax Rate and Classification hearing scheduled for Oct 6, 2008.

Mr. Healy stated that for all the classification decisions that the City Council must make, he is requesting the figures which provide the greatest benefit to residential taxpayers. Rate certification will be approved by the Department of Revenue. On Oct 22, 2008 a request for free cash will be submitted to the City Council. Three million dollars from free cash will be used for the budget; an additional $6 million will be used to offset the tax levy and $8 million for debt stabilization. The future supplemental appropriation will be used for a ladder truck, dog/skate park at Danehy, Nexus Study for Concord/Alewife and construction funding for the Mahoney site. The Mahoney site will receive approximately $2 million from free cash and $786,000 from Harvard University. A very preliminary analysis for a new Public Works facility will be funded. The most likely site for a new Public Works facility is in the Concord/Alewife area. The existing Public Works site may be suitable for open space. One million dollars is needed for street repair and sidewalk trees. Councillor Davis expressed her concern for immediate repairs to be done for sidewalks with 1.5" displacement. Mr. Healy responded in the affirmative.

Vice Mayor Murphy asked when the tax bills will be mailed. Mr. DePasquale stated that the tax bills will be mailed on Oct 24, 2008 with a due date of Nov 24, 2008. Vice Mayor Murphy stated that it is important to note that the property values are as of Jan l, 2008. Mr. DePasquale stated that the Tax Fact brochure was mailed out and that the second mailing will be sent out before the tax bills are mailed.

The committee next discussed the prior and current year revenues. A major revenue analysis was distributed (ATTACHMENT A).

Mr. Healy stated that the excise tax has not grown dramatically. Building permit revenue is usually underestimated. Harvard, MIT and Lesley are doing construction on their property. For the next ten years there will be consistent renovation being made to Harvard buildings. Fiscal Year 08 parking funds were used to redo Blanchard Road.

Councillor Davis expressed her concern about conservation of electricity for water service. The City is working with the Energy Alliance on this matter stated Mr. Healy. The system is electricity heavy. Improvements to the water treatment plant have been looked at by the Energy Alliance. The price for potassium hydroxide has tripled. Rock salt prices have increased forty percent. If less water is used then less water is pumped and treated.

Vice Mayor Murphy inquired about increasing the parking meter rates. Mr. Healy stated that the plan is to phase in the increase in meter rates. Harvard and Kendall Squares are done. Next phase is Porter and Inman Squares. The price for the meter is $.50 for ½ hour.

Mr. Healy stated that the excess levy cap increases significantly from $88.3 to $93.7 million. Vice Mayor Murphy commented that the state is borrowing money at 6%. It is a good time for Cambridge to have these reserves. The City needs to weather the storm responded Mr. Healy. Councillor Davis spoke of housing costs. The City has a good cushion and services are not affected. This is an important message to be in the brochure on Tax Facts.

The committee discussed the Actuarial Study for the Pension System. Major Revenue Analysis for the Pension Actuarial Study was distributed (ATTACHMENT B).

As of 2013 the unfunded pension liability is scheduled to be paid. By law the pension liability must be funded by 2028. This funding that is currently being used for the unfunded pension liability could then be used to fund other post employment benefit liabilities (OPEB). Councillor Davis asked what makes up the OPEB. Mr. Healy responded that the cost for health insurance for retirees and current employees who could retire. Mr. Kale commented that the state has not established a vehicle to fund the irrevocable trust for liability. In 2013 – 2014 the pension liability should be fully funded in Cambridge. Mr. DePasquale stated that Cambridge is in a good position to deal with the OPEB. The Commonwealth currently has $63 billion in unfunded liability in OPEB. Mr. Healy stated that 8.25% interest has been received from the investments made by the Retirement Board.

The committee received Rating Agency Information (ATTACHMENT C).

Cambridge rated 10 out of 10 of the characteristics Standard and Poor uses to determine which municipalities will be highly rated for financial management. Mr. Healy stated that Moody will recast the model for municipalities because they are rated differently from private entities. Mr. Kale informed the committee that Cambridge went from a good rating to a strong rating for its financial management assessment with Standard and Poor. Councillor Davis stated that it is a good thing that Cambridge is run so well. Mr. Healy stated that this is due to the cooperation of the City Council.

Vice Mayor Murphy thanked all attendees.

The meeting adjourned at eleven o’clock and ten minutes AM.

For the Committee,
Vice Mayor Brian Murphy, Chair

AWAITING REPORT LIST
08-25. Report from the City Manager:
RE: report how many children with IEP's receive out of school assistance either written or not written into their plans.
Councillor Decker and Full Membership 03/03/08 (O-5)

08-41. Report from the City Manager:
RE: report on what process is being followed to develop programs for the new West Cambridge Community Center.
Councillor Davis, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel, Mayor Simmons & Councillor Toomey 03/17/08 (O-15)

08-65. Report from the City Manager:
RE: report on changes to the intersection of River Street and Mass Avenue to allow more pedestrian crossing time before vehicles are allowed to turn.
Mayor Simmons and Full Membership 04/28/08 (O-15)

08-74. Report from the City Manager:  See Mgr #3
RE: report on methods of collecting, maintaining, and analyzing traffic enforcement and accident data.
Councillor Kelley, Councillor Davis, Councillor Maher, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 05/19/08 (O-4)

08-79. Report from the City Manager:
RE: report on how local construction lighting could be limited to the minimum necessary for safety.
Councillor Davis and Full Membership 06/02/08 (O-2)

08-84. Report from the City Manager:
RE: report on whether Massachusetts Water Protection Act or Rivers Protection Act empowers abutting or downstream communities to speak on or affect the outcome of a development permitting process.
Councillor Seidel and Full Membership 06/02/08 (O-7)

08-91. Report from the City Manager:
RE: report on plans to relocate the Public Works Department.
Councillor Toomey, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Murphy, Councillor Seidel & Mayor Simmons 06/23/08 (O-6)

08-95. Report from the City Manager:
RE: report on statistics of all formal enforcement actions involving excessive noise from January 2007 to June 2008.
Councillor Kelley, Councillor Maher, Councillor Seidel & Mayor Simmons 06/23/08 (O-13)

08-100. Report from the City Manager:
RE: report on possible changes to regulations and operating procedures for traffic and motor vehicle use that could increase efficiency and fuel conservation.
Councillor Maher and Full Membership 07/28/08 (O-21)

08-101. Report from the City Manager:
RE: report on working with Boston to create a policy to keep truck traffic to a minimum within the City.
Councillor Toomey and Full Membership 07/28/08 (O-25)

08-103. Report from the City Manager:
RE: report on neighborhood concerns including broken traffic lights, poorly situated policy details, snarled traffic and lack of advanced notice at the ongoing project at Putnam and Western Avenues.
Councillor Kelley and Full Membership 07/28/08 (O-31)

08-105. Report from the City Manager:
RE: report on the possibility of using the parcel on Binney and Fulkerson Streets for a dedicated dog park.
Councillor Toomey, Vice Mayor Murphy & Mayor Simmons 07/28/08 (O-40)

08-107. Report from the City Manager:
RE: report on ensuring that the responsibility of the developers for a safe crossing will be upheld by the MBTA and that plans will coincide with the vision of future development.
Councillor Toomey and Full Membership 09/08/08 (O-5)

08-108. Report from the City Manager:
RE: report on the position the City can take on altering the NorthPoint special permit now that the land swap is no longer necessary.
Councillor Toomey and Full Membership 09/08/08 (O-7)

08-109. Report from the City Manager:
RE: report on the progress of addressing rodent complaints and whether the number of complaints has increased or decreased.
Councillor Toomey and Full Membership 09/08/08 (O-8)

08-111. Report from the City Manager:
RE: report on monitoring the efforts of Harvard and MIT in regard to wind data collection.
Councillor Davis and Full Membership 09/08/08 (O-10)

08-112. Report from the City Manager:
RE: report on increased on-street parking pressure from residents of the apartment complex at 205 and 225 Walden Street.
Councillor Kelley and Full Membership 09/08/08 (O-13)

08-113. Report from the City Manager:
RE: report on the possibility of extending the hours of park lighting at Donnelly Field.
Councillor Toomey 09/08/08 (O-19)

08-114. Report from the City Manager:
RE: report on examining options to make the parking lot and abutting sidewalk located along Linnaean Street at the corner of Mass. Avenue a safer place for non-vehicular traffic.
Councillor Seidel 09/08/08 (O-22)

08-116. Report from the City Manager:
RE: report on options for applying for "Clean Energy Choice grants and Energy Efficiency Implementation Projects by Municipalities"
Councillor Seidel and Full Membership 09/22/08 (O-2)

08-117. Report from the City Manager:
RE: report on potential impacts the recent events on Wall Street might have on the City of Cambridge.
Councillor Seidel and Full Membership 09/22/08 (O-3)

08-118. Report from the City Manager:
RE: report on public drinking in the MBTA plaza at Porter Square.
Councillor Kelley and Full Membership 09/22/08 (O-5)

08-119. Report from the City Manager:
RE: report on possible impacts of the new police detail regulations and on the City's reliance on detail work.
Councillor Kelley, Councillor Davis, Vice Mayor Murphy, Councillor Reeves, Councillor Seidel & Mayor Simmons 09/22/08 (O-6)

08-120. Report from the City Manager:
RE: report on creating a new ticket available to police officers and PCO's that specifically targets vehicles parked in bicycle lanes.
Councillor Kelley and Full Membership 09/22/08 (O-8)

08-121. Report from the City Manager:
RE: report on whether the new Berkeley, California program to give city-backed loans to property owners who install rooftop solar-power systems is applicable to Cambridge.
Councillor Seidel, Councillor Kelley and Full Membership 09/22/08 (O-16)

08-122. Report from the City Manager:
RE: report on gas stations charging more for gas when the payment is by credit card rather than cash.
Councillor Maher and Full Membership 09/22/08 (O-17)

08-123. Report from the City Manager:
RE: report on the fee structure used for energy audits by the Cambridge Energy Alliance.
Councillor Seidel and Full Membership 09/22/08 (O-18)