Cambridge City Council meeting - December 13, 2010 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the STOP Act grant for $50,000.00 funded by the Federal Department of Health and Human Services, Substance and Mental Health Services Administration to the Grant Fund Human Service Programs Salary and Wages account ($7,070.00), to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($40,930.00), and to the Grant Fund Human Service Programs Travel and Training account ($2,000.00) and will be used to create and implement phase three of the Reality Check campaign for parents of middle school students, aimed at reducing social access to alcohol for minors.

2. Transmitting communication from Robert W. Healy, City Manager, relative to an increase in the appropriation of the Cambridge Housing Authority (CHA) Bridge to College Program grant for $8,280.00 to the Grant Fund Human Service Programs Salary and Wages account ($7,320.00) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($960.00) and will contribute to the salary of one coordinator/counselor and the costs for educational and office supplies at the Community Learning Center.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-166, regarding a report on increasing public use at the War Memorial Recreation Center.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-129, regarding a report on the MBTA Bus 47 not stopping for people waiting at the bus stops.

5. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $180,000 from Free Cash to the General Fund Finance Department (Assessing) Other Ordinary Maintenance account to provide additional funds for technical and professional services.

CHARTER RIGHT
1. That the City Manager is requested to consult with relevant department staff and report back on the legal limits of the City Council's involvement in non-budget School Department issues. [Charter Right exercised by Mayor Maher on Order Number Two of Dec 6, 2010.]
Failed 2-6-1 [Kelley, Toomey YES; Simmons ABSENT] after motion to refer this and late order to Gov't Ops. Failed 3-5-1 [Davis, Kelley, Toomey YES; Simmons ABSENT]

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.]

3. 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. [Order Number Fourteen of Apr 26, 2010 Placed on Table. May 10, 2010 Councillor Kelley made a motion to take from the table motion failed 2-7-0 remains on Table. Sept 13, 2010 Councillor Kelley made a motion to take from the table motion failed 4-4-1 remains on Table. Sept 27, 2010 Councillor Kelley made a motion to take from the table motion failed 3-5-1 remains on Table.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 10-32, regarding a report on issues with the development of the former St. John's property site. [Charter Right exercised on City Manager Agenda Item Number Eighteen of May 24, 2010. Placed on Table June 7, 2010.]

5. An application was received from Tony LaVita, requesting permission for a curb cut at the premises numbered 68 Middlesex Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Ten Of June 7, 2010 Placed on Table.]

UNFINISHED BUSINESS
6. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Sam Seidel and Councillor Timothy J. Toomey, Jr., Co-Chairs of the Ordinance Committee, for a meeting held on Sept 14, 2010 to consider a petition filed by Richard McKinnon, et al. to amend the Zoning Ordinance and Map in the North Point PUD-6 District. The question comes on passing to be ordained on or after Nov 1, 2010. Planning Board hearing held Sept 21, 2010. Petition expires Dec 13, 2010.
Ordained 8-1 [Toomey NO] with letter of committment. Ordinance #1337.

APPLICATIONS AND PETITIONS
1. A zoning petition has been received from Michael R. Hegarty et al., requesting the City Council to amend the Zoning Ordinance by adding after the title of Section 5.28 the sentence: "No use shall be permitted by any provisions of this Section 5.28 except as set forth in Section 4.30 Table of Use Regulations or the sections that define districts not included in Section 4.30."
Referred to Ordinance Committee and Planning Board

2. An application was received from Threla, requesting permission for a sign at the premises numbered 574 Cambridge Street. Approval has been received from Inspectional Services, Department of Public Works, Community Development and abutters.

COMMUNICATIONS
1. A communication was received from Mark Jaquith, Co-President, Association of Cambridge Neighborhoods and Ellen Mass, President, Friends of Alewife Reservation, transmitting a copy of an open letter to legislators of Cambridge.


2. A communication was received from Joan Squeri, regarding a Cambridge Winter Farmers Market.

3. Letter of Commitment to the City of Cambridge from EF (Education First) signed by Martha H. Doyle and Richard McKinnon, duly Authorized Representatives of EF relating to the petition to amend the Zoning Ordinances in the North Point PUD 6 District. [The Letter of Committment pledges $914,000 to the City in two installments (half at building permit, half at occupancy permit) to be disbursed according to a process to be established by the City Manager.]


RESOLUTIONS
1. Resolution on the death of Evanon F. (Hamilton) Smith.   Councillor Toomey

2. Congratulations to Cambridge Police Department Detective Daniel Marshall on his graduation from the University of Tennessee National Forensic Academy.   Councillor Cheung

3. Welcome Otto to Cambridge and best wishes for a successful future in Harvard Square.   Councillor Cheung

4. Thanks to Julia Perez for her service to the Cambridge community.   Councillor Simmons

5. Best wishes to Majors Betzann and Steve Carroll on the occasion of their retirement from The Salvation Army.   Councillor Simmons

6. Resolution on the death of Staff Sergeant Loleni William Gandy.   Councillor Decker

7. Resolution on the death of Sergeant David James Luff Jr.   Councillor Decker

8. Congratulations to Lucy Valena on her new coffee shop, Voltage, in Kendall Square.   Councillor Decker, Mayor Maher


9. Resolution on the death of Salvatore DeLeo.   Mayor Maher

10. Resolution on the death of Barbara A. (McCauley) Mingle.   Mayor Maher


ORDERS
1. That the City Manager is requested to confer with the City Solicitor and the Assistant City Manager for Community Development to provide a report on the state of the law relating to community benefits as mitigation in zoning amendment petitions.   Vice Mayor Davis, Councillor Toomey, Councillor Seidel and Councillor Cheung

2. That the City Manager is requested to report back to the City Council on the possibility of working with the Cambridge Farmers Market and allowing them space for the winter months in the ground floor of the First Street Garage or other suitable space.   Vice Mayor Davis, Mayor Maher and Councillor Toomey
Amended

3. That the City Manager is requested to confer with the Director of Traffic, Parking and Transportation to inspect the signals at First and Cambridge and Third and Cambridge and have the timing adjusted appropriately.   Councillor Toomey

4. That the City Manager is requested to confer with the Community Development Department and the Director of Economic Development to examine the feasibility of the city establishing a "pilot program" for Clean Tech Start-Ups in the first floor of the largely vacant First Street Parking Garage.   Mayor Maher

5. That the City Manager is requested to confer with the Assistant City Manager for Human Services and Youth on Fire, a Cambridge based nonprofit, to discuss possible options for providing more support for the homeless youth in Cambridge.   Councillor Decker

6. That the City Council meeting scheduled for Mon, Jan 3, 2011, be changed to a Round Table for the purpose of hearing a presentation from MassDOT officials regarding a proposed bridge closing on Route 93 this summer that will impact the City of Cambridge and for the purpose of discussing the West Cambridge/Alewife Sewer Separation Project.   Mayor Maher


7. That the City Manager is requested to update the City Council on the status of the sidewalk closures near and in front of the Curious George Bookstore at the intersection of Brattle and JFK Streets and efforts to have the responsible party remedy this situation.   Mayor Maher

8. That the question of appropriateness of private meetings about school matters without informing members of the School Committee be referred to the City Solicitor to report back to the City Council on the appropriateness of such private meetings and the limitations that may apply.   Councillor Toomey
Approved 6-2-1 [Cheung, Davis NO; Simmons ABSENT]

9. That the City Council go on record supporting the Henry family in their fight to save their home.   Councillor Simmons, Vice Mayor Davis, Councillor Toomey, Councillor Reeves and Councillor Decker

10. That the City Manager is requested to contact NSTAR and request a report on the outages in East Cambridge, Porter Square and Kendall Square and how the outages were handled.   Vice Mayor Davis

11. That the issue of how to ensure that the City Council goals, the City Council committees and the City departments all connect to foster efficient and collaborative results be referred to the Government Operations and Rules Committee.   Vice Mayor Davis

12. That the City Council go on record adopting the following goals for FY11 and FY12.   Councillor Toomey


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 public meeting held on Oct 27, 2010 to discuss with NSTAR the policy for replacing gas meters in residential properties containing asbestos, power outages, progress on the state energy efficiency plan and any other matters that may properly come before the committee.

2. 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 public meeting held on Dec 7, 2010 to finalize the City Council goals for FY11 and FY12 to present a recommendation on the goals to the City Council.

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from D. Margaret Drury, City Clerk, transmitting a letter from Ellen K. Philbin, Executive Director, Cambridge Retirement Board requesting the City Council to approve the Retirement Board's action to increase the annual benefit to surviving spouses of disabled employees.
Approved 9-0

HEARING SCHEDULE
Mon, Dec 13
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Dec 14
3:00pm   The Environment Committee will conduct a public meeting to receive a briefing on the Silver Maple Forest.  (Sullivan Chamber)
6:00pm   School Committee Budget Retreat  (Sullivan Chamber)

Wed, Dec 15
3:00pm   The Public Facilities, Arts and Celebrations Committee will conduct a public meeting to receive information regarding the various roles of the City in the variety of festivals, celebrations and other public events that take place in Cambridge.  (Sullivan Chamber)

Thurs, Dec 16
3:00pm   The Economic, Development, Training and Employment Committee will conduct a roundtable meeting with the City of Boston's Economic Development Committee to discuss cluster building, specifically how the two cities can work together to attract new businesses and keep the businesses we have. (Cahners Theater, 2nd floor, Museum of Science, 1 Science Park, Boston)

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

Tues, Dec 21
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Jan 4
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Jan 11
6:00pm   School Committee Roundtable Meeting  (Sullivan Chamber)

Tues, Jan 18
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Jan 25
4:00pm   The Economic Development, Training and Employment Committee will conduct a public meeting to discuss current city ordinances that are hurting business growth.  (Sullivan Chamber)

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

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

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

Tues, Feb 8
6:00pm   School Committee Budget Retreat  (Sullivan Chamber)

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

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

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

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

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

Tues, Mar 8
6:00pm   School Committee Budget Hearing  (Sullivan Chamber)

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

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

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

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

TEXT OF ORDERS
O-1     Dec 13, 2010
VICE MAYOR DAVIS
COUNCILLOR TOOMEY
COUNCILLOR SEIDEL
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to confer with the City Solicitor and the Assistant City Manager for Community Development to provide a report on the state of the law relating to community benefits as mitigation in zoning amendment petitions, including:
  1. Relevant court findings, including the Bellingham case;
  2. Examples of how other communities are negotiating community benefits; and
  3. How the linkage program has operated in Cambridge, and whether it has relevance to or impact on community benefits negotiations; and be it further
ORDERED: That the City Manager be and hereby is requested to report back on the matter to the entire City Council early in the new year.

O-2     Dec 13, 2010  Amended
VICE MAYOR DAVIS
MAYOR MAHER
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that the Cambridge Farmers Markets are seeking indoor space for a Winter Farmers Market; and
WHEREAS: There is much desire for a winter market to be established at Lechmere Station when the space is vacated by the MBTA and there is much desire for a winter market now someplace in Cambridge; and
WHEREAS: The city has completed a study that supports the Market Concept; and
WHEREAS: Establishing a trial period for this type of market could further garner support for winter markets at one or more locations in Cambridge, including East Cambridge; and
WHEREAS: The City garage on First Street is very close to the location being proposed for the year round market at Lechmere; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the possibility of working with the Cambridge Farmers Market and allowing them space for the winter months in the ground floor of the First Street Garage or other suitable space.

O-3     Dec 13, 2010
COUNCILLOR TOOMEY
WHEREAS: The timing of the traffic signals at First and Cambridge and Third and Cambridge appears to have changed and has caused traffic back up on Cambridge Street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Traffic, Parking and Transportation to inspect these signals and have the timing adjusted appropriately.

O-4     Dec 13, 2010
MAYOR MAHER
WHEREAS: Numerous Clean Tech Start-Up Companies have chosen the City of Cambridge as the epicenter for their innovative work; and
WHEREAS: Clean Tech Start-Up Companies have facility needs that greatly differ from Bio-Tech Start-Up Companies; and
WHEREAS: There is currently little affordable incubator space in the City of Cambridge focused on the needs of Clean Tech Start-up Companies; and
WHEREAS: Clean Tech Start-Ups are a vitally important segment of our growing intellectual and business community; and
WHEREAS: The City of Cambridge currently has vacant space that on the short-term could begin to meet the needs of several Clean Tech Start-Up Companies; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department and the Director of Economic Development to examine the feasibility of the city establishing a "pilot program" for Clean Tech Start-Ups in the first floor of the largely vacant First Street Parking Garage which in its current state is not contributing to the aesthetic character of the neighborhood; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter.

O-5     Dec 13, 2010
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that the number of homeless youth is on the rise in Massachusetts with state education officials counting
WHEREAS: 13,090 homeless students last year an 85% increase from five years ago; and
WHEREAS: Many of these displaced youth stay in existing homeless shelters that are open to everyone; and
WHEREAS: The needs of homeless youth can often be quite different from the needs of homeless adults; and
WHEREAS: Bridge Over Troubled Waters a Boston based nonprofit has plans to open what would be the state's only homeless shelter for youth in Boston in the beginning of the new year; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Assistant City Manager for Human Services and Youth on Fire, a Cambridge based nonprofit, to discuss possible options for providing more support for the homeless youth in Cambridge; and be it further
ORDERED: That the City Manager report back to the City Council on this matter.

O-6     Dec 13, 2010
MAYOR MAHER
ORDERED: That the City Council meeting scheduled for Mon, Jan 3, 2011, be changed to a Roundtable for the purpose of hearing a presentation from MassDOT officials regarding a proposed bridge closing on Route 93 this summer that will impact the City of Cambridge and for the purpose of discussing the West Cambridge/Alewife Sewer Separation Project.


O-7     Dec 13, 2010
MAYOR MAHER
WHEREAS: There have been numerous inquiries into what steps the City is taking to ensure a timely resolution to the sidewalk repairs at 1 JFK Street in the Brattle Street/JFK Street area; now therefore be it
ORDERED: That the City Manager be and hereby is requested to update the City Council on the status of the sidewalk closures near and in front of the Curious George Bookstore at the intersection of Brattle and JFK Streets and efforts to have the responsible party remedy this situation.

O-8     Dec 13, 2010
COUNCILLOR TOOMEY
WHEREAS: It has come to the attention of the City Council that members of the City Council have met privately with the Superintendent of Schools to discuss school matters; and
WHEREAS: Such meetings may or may not be appropriate; now therefore be it
ORDERED: That the question of appropriateness of such private meetings about school matters without informing members of the School Committee be referred to the City Solicitor to report back to the City Council on the appropriateness of such private meetings and the limitations that may apply.
Approved 6-2-1 [Cheung, Davis NO; Simmons ABSENT]

O-9     Dec 13, 2010
COUNCILLOR SIMMONS
VICE MAYOR DAVIS
COUNCILLOR TOOMEY
COUNCILLOR REEVES
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that the Henry Family has been a long-time Cambridge family for over fifty years and is now facing eviction from their home; and
WHEREAS: Several initiatives to save the Henry family home are being investigated; and
WHEREAS: A peaceful vigil demanding that the Provident Bank stop their eviction has been arranged; now therefore be it
RESOLVED: That the City Council go on record supporting the Henry family in their fight to save their home; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a copy of this resolution to Provident Bank, City Life/Vida Urbana, on behalf of the entire City Council.

O-10     Dec 13, 2010
VICE MAYOR DAVIS
ORDERED: That the City Manager be and hereby is requested to contact NSTAR and request a report on the outages in East Cambridge, Porter Square and Kendall Square and how the outages were handled.

O-11     Dec 13, 2010
VICE MAYOR DAVIS
ORDERED: That the issue of how to ensure that the City Council goals, the City Council committees and the City departments all connect to foster efficient and collaborative results be referred to the Government Operations and Rules Committee.

O-12     Dec 13, 2010
COUNCILLOR TOOMEY
ORDERED: That the City Council go on record adopting the following goals for FY11 and FY12:


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Cable TV, Telecommunications and Public Utilities Committee conducted a public meeting on Wed, Oct 27, 2010 at five o'clock and thirty-four minutes p.m. in the Sullivan Chamber.

The purpose of the meeting was to discuss with NSTAR the policy for replacing gas meters in residential properties containing asbestos, power outages, progress on the state energy efficiency plan and any other matters that may properly come before the committee.

Present at the meeting were Vice Mayor Henrietta Davis, Chair of the Committee; Councillor Leland Cheung; Councillor Timothy J. Toomey; Susan Glazer, Acting Assistant City Manager for Community Development Department (CDD); Susanne Rasmussen, Director, Environment and Transportation Planning, CDD; George Fernandes, City Electrician; Michael Nicoloro, Jr., Deputy Commissioner of Inspectional Services; David J. Brogan, Jr., Plumbing and Gas Inspector, Inspectional Services Department; Penny Peters; and Deputy City Clerk Donna P. Lopez.

Also present were Bill Zamparelli, NSTAR; Gerald Griffin, NSTAR; Charles Olsson, NSTAR Energy Efficiency; Kathleen Born, 3 Walnut Avenue; Hasson Rashid, 820 Mass. Avenue; Chester G. McCarthy, 1572 Mass. Avenue; Susan Redlich, 19 Sacramento Street; Megan Shaw, Community Outreach Coordinator, Cambridge Energy Alliance; Jesse Gordon, CEA; Audrey Schulman, HEET, 21 Acorn Street; and Minka vanBeuzekom, 20 Essex Street.

Vice Mayor Davis convened the meeting and explained the purpose. She stated that the committee would first discuss replacing gas meters in residential properties where asbestos is present.

Vice Mayor Davis stated that several residents have expressed concern about replacement gas meters. She asked Kathleen Born, a former City Councillor, to explain the problem.

Ms. Born stated that she received several letters nine months ago from NSTAR announcing that it was time to replace the gas meter (ATTACHMENT A). A representative from NSTAR informed her that the gas meter would not be replaced because of visible asbestos present. She kept getting calls from NSTAR about the meter replacement. She was informed that the meter would never be replaced. By law, Chapter 164, Section 115A, all gas meters are to be replaced every seven years and the pipes inspected (ATTACHMENT B). She was advised that there are 10,000 housing units with the same problem. This needs to be resolved. She also has asbestos in her furnace and pipes and it will cost $25,000 to replace them. Ms. Born said that there needs to be a clear policy.

Mr. Zamparelli explained that this is an issue of employee safety. He distributed NSTAR's Policy (ATTACHMENT C) from the Gas Service Handbook which was formulated in 2010 as it relates to asbestos. Prior to starting a job employees are instructed to inspect the job for the presence of asbestos. If asbestos is present the employee is to stop the work. He agreed that this is a difficult issue for homeowners. Asbestos needs to be abated or sealed. The homeowner is responsible for dealing with the asbestos. There is no easy answer; safety is NSTAR's number one priority. Mr. Gerald Griffin, NSTAR, added that if asbestos is not disturbed NSTAR employee will do the work. Mr. Zamparelli added that if an air quality certification is done NSTAR will then replace the gas meter. Ms. Born commented that NSTAR gave her a list of vendors for the air quality certification, but all the vendors were unwilling to do the job. She asked if she had an air quality certification and the results were zero would NSTAR pay for the air quality test. She was told that NSTAR would not pay for the test.

Chester McCarthy, Building Superintendent at 1572 Massachusetts Avenue, explained to the committee that he was notified when tenant gas meters were to be changed. The issue now is that NSTAR requires 4 hours per meter per man to change a meter. Previously many meters were changed in one block of time. He also stated that NSTAR Electric sometimes notified residents when an outage would occur on Chauncy and Waterhouse Streets.

In response to a question from Ms. Born, Mr. Nicoloro explained that contractors check for asbestos. It is tested and an asbestos permit is issued by the city. Removal is done with proper protection. Mr. Brogan said that asbestos permits are not handled by the plumbing inspector. Mr. Nicoloro added that residential asbestos removal is handled by the housing inspector; commercial asbestos removal is handled by the building inspector. Vice Mayor Davis commented that if NSTAR suspects asbestos they leave the job.

Ms. Born asked: if the law requires a meter be replaced every seven years where is this issue. Mr. Zamparelli responded that if the meter needs replacing and there is asbestos it needs to be abated. He asked if Ms. Born would propose that an NSTAR employee go into a hazardous situation and endangers himself.

Vice Mayor Davis stated that she would take the matter under advisement and communicate with NSTAR to resolve the issue. Ms. Born added that NSTAR should accept air quality test done by vendors who actually do the air quality certification tests.

At five o'clock and fifty-five minutes p.m. Vice Mayor Davis began the discussion about outages. She stated that she is transmitting complaints from residents about outages to NSTAR. She submitted the following complaint e-mails she received about outages:
Preston Gralla (ATTACHMENT D)
Nan Doyle (ATTACHMENT E)
Arvilla Sarazen (ATTACHMENT F)
Elizabeth Harmer Dionne (ATTACHMENT G)

George Fernandes, City Electrician, stated that he and residents are notified by NSTAR about planned outages. He stated that the resident named on the NSTAR bill is notified of outages. If it is an emergency outage the resident is notified by phone. He stated that a problem exists due to the increased use of cell phones. Residents should be sure that NSTAR has the proper land line phone numbers.

Vice Mayor Davis stated that the complaints are often about unplanned outages and the length of time of the outage. Porter Square has frequent outages. She asked if some areas are more vulnerable than others. Mr. Fernandes stated that the only outages without notice are those that occur due to storms and equipment failure. Ms. Born stated that she feels that there are more outages in Porter Square. She reported outages at 219 Concord Avenue as well as outages that have affected the High Rise Bakery. The employees of the bakery had to be reassigned numerous times in the last 3-6 months due to planned outages that didn't occur. It cost the bakery between $4000 and $6000. Vice Mayor Davis requested that Mr. Zamparelli generate a communication to the owner of the High Rise Bakery.

Mr. Zamparelli stated that there are a lot of planned outages in Cambridge. NSTAR is aggressively replacing oil switches in the system and this replacement causes outages. There have been four outages to replace the switches because the replacement switches are larger and takes longer to replace. He explained weather and parked cars blocking poles are factors that cause planned outages not to occur. NSTAR attempts to notify residents 2 ˝ to 3 weeks before the outage will occur. They can only notify the customer of record. Outages are not publicized due to security concerns. He stated that he understands the frustration, but there are many factors in the process.

Mr. McCarthy stated that NSTAR is notifying the wrong people about outages. He stated that he has received notification from a management company after he has given his cell and home phone number numerous times. Tenants need to be notified. Tenants have lost computers because they were not notified of outages. Vice Mayor Davis asked Mr. McCarthy to give his contact information to Mr. Zamparelli to get the notification issue straightened out. Mr. Zamparelli stated that an NSTAR Focus Group is working on the issue of customer notification.

Vice Mayor Davis made the following motion:
ORDERED: That the City Manager be and hereby is requested to contact NSTAR and request a report on the outages in East Cambridge, Porter Square and Kendall Square and how the outages were handled.

The motion - Carried.

Ms. Born asked if electronics get destroyed when a power surge occurs. Mr. Fernandes responded that if a computer hard drive loses power it gets damaged, so residents should turn off computers before a planned outage.

At six o'clock and fourteen minutes p. m. Vice Mayor Davis opened the meeting to the states' energy efficiency plan.

Vice Mayor Davis asked how the state energy efficiency plan affects Cambridge residents and low income residents. Mr. Olsson stated that under the Green Communities Act all utilities are required to file a 3-year energy efficiency plan. He is looking forward to partnering with Cambridge. The public documents contain enhancements to the program. Some rebates were added for efficient utilities and some were eliminated due to inefficiencies. NSTAR's goal is to help implement the plan.

Megan Shaw introduced herself to the committee as the new Community Outreach Coordinator for the Cambridge Energy Alliance.

Minka vanBeuzekom stated that she wanted to hear the specifics from NSTAR about their goals.

Susan Redlich, Home Energy Efficiency Team (HEET), stated that there is a gap in that non-profit organizations with low resources fall into the commercial category. She would like a meeting to explain ways non-profits can benefit from the low interest loans and rebates available to residents.

Audrey Schulman, HEET, stated that she wanted to work with the city and NSTAR to help non-profits.

Charles Olsson, NSTAR, spoke about the expansion of their heat loan program. He believes it is a 0% interest loan. Ms. Rasmussen asked if this program included multi-unit buildings and condos in commercial rates. She will contact Mr. Frank Gundal at NSTAR about this. Mr. Olsson explained that master meters are on commercial rate.

Vice Mayor Davis stated that she would hold another meeting and invite Frank Gundal.

Vice Mayor Davis asked Mr. Olsson to give specifics about the energy efficiency programs. Mr. Olson explained that there are 15 to 17 programs that are managed by NSTAR, among them residential lighting, residential appliances, residential multifamily, deep energy retrofit, statewide multifamily, etc. Each program has its own budget and goals. In 2012 there will be $50-$60 million for NSTAR. The goals are public and appear on the Department of Energy (DOER) website.

Vice Mayor Davis asked how NSTAR defines a multifamily building. Mr. Olsson stated that a multifamily building is considered five or more units. If the property is a residential property it needs to be metered as residential. If the property contains a master meter it is considered commercial property. A third party integrator was hired to help customers get the right vendor whether NSTAR or National Grid. Ms. Rasmussen noted that there are many Cambridge buildings with individual electric meters but a master gas meter. She further stated that on the MassSave website you can only find whole building assessments on the business sector not on the residential. She asked if this program is available to condominium buildings. Mr. Olsson responded that the program is still evolving. He stated that the MassSave website is in the phase 2 redesign. A website designer is being sought.

Vice Mayor Davis stated that multifamily issues have been discussed and the problem still exists. She stated that she would schedule a follow-up meeting to answer issues regarding multifamily buildings. Commercial multifamily buildings are the biggest housing stock in the city. Ms. Rasmussen stated that the ability to navigate the program was the issue. The residential program should be under the residential heating system. She also stated that it would be good if the level of assistance was the same for multifamily buildings as it is for buildings with one to four units. Mr. Olsson stated that state law regulates requirements. He is working on financing for the program. There is a new program for renters and landlords. Vice Mayor Davis asked what opportunities exist for Cambridge to be a partner in an energy efficiency pilot program such as the Deep Energy Retrofit Program. In the residential section there are two major pilot programs. Mr. Olsson stated that a total rehab was being done on Jay Street that goes way beyond code. He spoke about replacement of windows, roof and some. On the NSTAR website there is a community outreach grant program. Specific goals must be reached by cities and towns to be eligible for the program. Mr. Olsson further spoke about O Power, a behavior-based program similar to the recycling program. NSTAR compares homes of similar size and gives tips to try to help homeowners reduce energy use. The new 2010 O Power program enrolled 25,000 customers. The highest users were targeted. In 2011, 25,000 or more will be added to the program. Less than 1% targeted rejected the O Power program. O Power has been trying to grow its business. The NSTAR O Power program is limited to 25,000 customers.

Vice Mayor Davis spoke about the building ratings concept and efficiency measures to create a market for greener buildings. Could NSTAR partner with the city of Cambridge to pilot this type of a program? Mr. Olsson stated that the commercial sector does not rate buildings. Ms. Rasmussen stated that DOER is interested in building labeling. New York City has mandated building labels by next May. Realtors don't like the idea. The US Department of Energy is also looking at this. Vice Mayor Davis added that data is needed to track and plan the program in order to promote energy efficiency. Ms. Rasmussen stated that residential NSTAR monthly reports contain this data now.

Megan Shaw stated that the Cambridge Energy Alliance would like aggregated data in order to compare information. Mr. Olsson stated that he was glad the progress was being made to share data however individual NSTAR customer information is locked. Mr. Olsson further stated that the web component of O Power is good. This program has a one-year measure life to change customer behavior.

Vice Mayor Davis thanked attendees for their participation. She stated that she would hold a follow-up meeting to discuss the commercial buildings and the multifamily issue.

The meeting adjourned at seven o'clock and twenty minutes PM.

For the Committee,
Vice Mayor Henrietta Davis, Chair


Committee Report #2
The Government Operations and Rules Committee held a public meeting on Tues, Dec 7, 2010, beginning at 10:15am. The purpose of the meeting was to finalize the City Council goals for FY11 and FY12 to present a recommendation on the goals to the City Council.

Present at the meeting were Councillor Sam Seidel and Councillor Timothy J. Toomey, Co-Chairs of the Committee; Councillor Leland Cheung; Vice Mayor Henrietta Davis; City Clerk D. Margaret Drury; and Sandra Albano, Executive Assistant to the City Council.

Councillor Toomey convened the meeting and explained the purpose. Councillor Cheung said that it was not quite clear to him how these proposed goals were developed.

Councillor Toomey reviewed the process. He noted that this process of goal development has gone on for quite a while. The first committee meeting on the topic took place on Aug16, 2010. The FY11 and FY12 goals were the subject of a facilitated roundtable meeting of the City Council on Sept 20th. Stacie Smith, Consensus Building Institute, who facilitated the roundtable, met with senior administrative staff and conducted individual interviews with councillors. The City Manager contracted Opinion Dynamics Corporation, a national public opinion polling firm, to conduct a statistically valid citizen satisfaction survey. The Government Operations and Rules Committee sponsored a World Café event on for a discussion by representatives of a wide variety of Cambridge citizen organizations about the future of Cambridge. CBI staff submitted a final report with findings and recommendations. (Attachment 1), along with reports of the goal setting events (Appendices A-F). On Nov 17th, the co-chairs of the committee met with the facilitators to go over these reports which included recommendations for some adjustment of the current goals as a result of analysis of all of the input from the sources described. The co-chairs then sent a draft of the proposed goals and CBI reports to all members of the City Council inviting their comments and any proposed changes prior to this meeting. No comments or proposed changes were received.

Councillor Cheung asked why there were no sub-goals. Councillor Toomey explained that at the roundtable meeting they heard from several of the councillors that they believed that the City Council should establish a set of overarching goals and not go to the next level of detail during this process. Some councillors felt that shorter term objectives for these overarching goals could be left for council committees to set in consultation with administrative staff who are working on those particular issues.

Vice Mayor Davis said that she strongly supports making the connection between committees and City Council goals. There is a partial chart illustrating that approach in Appendix B to the facilitator's report. She suggested that some time in this meeting be devoted to working out a lead committee for each goal. Lead committees would not have exclusive jurisdiction; other committees could consider issues related to their committee; it would assure that every goal would have a committee that is paying attention to it. Councillors Toomey and Cheung both voiced concern about making a recommendation assigning specific goals to specific committees without providing an opportunity for committee chairs to be involved in a committee discussion on this issue. All agreed that this matter is an important issue that needed further consideration and should not be overlooked in the face of the myriad time demands faced by members of the City Council. Councillor Seidel said that the administrative staff working on the subject area of the goal and the committee should also be better connected.

The following motion was approved by all present:
ORDERED: That the issue of how to ensure that the City Council goals, the City Council committees and the City departments all connect to foster efficient and collaborative results be referred to the Government Operations and Rules Committee.

Councillor Toomey asked if there was any further discussion on the proposed goals.

Vice Mayor Davis said that perhaps there should be a goal relative to the zoning amendments that the City Council spends so much time on; that work is actually work on Cambridge's future.

Councillor Seidel said that implicit in all of the goals is the City Council's work on the future of the city.

Councillor Toomey made the following motion:
ORDERED: That the City Council go on record adopting the following goals for FY11 and FY12:

The motion passed without objection.

Councillor Toomey and Councillor Seidel thanked all those present for their participation. The meeting was adjourned at 6:15pm.

For the Committee,
Councillor Sam Seidel, Co-Chair,
Councillor Timothy J. Toomey, Jr., Co-Chair


AWAITING REPORT LIST
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)

10-57. 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)

10-79. Report from the City Manager:
RE: report on a standard set of resources, facility privileges, tools, and barebones operating budget the unfunded commissions may use in their work of enacting Council policy.
Councillor Cheung and Full Membership 05/10/10 (O-7)

10-89. Report from the City Manager:
RE: report on a delineation of the boundaries of Joan Lorentz Park.
Councillor Seidel, Vice Mayor Davis, Councillor Decker, Councillor Kelley, Mayor Maher, Councillor Reeves, Councillor Simmons & Councillor Toomey 05/24/10 (O-11)

10-115. Report from the City Manager:
RE: report on the courts ruling in favor of the plaintiffs at 303 Third Street and the impact on affordable housing units in the building.
Councillor Toomey and Full Membership 08/02/10 (O-10)

10-127. Report from the City Manager:
RE: report on nature of the improvements along the Grand Junction. Councillor Toomey referred back to City Manager for additional information on 10/25/10.
Councillor Toomey, Councillor Cheung, Vice Mayor Davis, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel & Councillor Simmons 09/13/10 (O-5)

10-129. Report from the City Manager:  See Mgr #4
RE: report on the MBTA bus #47 not stopping for people waiting at the bus stops.
Vice Mayor Davis, Councillor Cheung and Full Membership 09/13/10 (O-7)

10-130. Report from the City Manager:
RE: report on the status of installing community gardens at Riverside Press Park.
Vice Mayor Davis and Full Membership 09/13/10 (O-11)

10-133. Report from the City Manager:
RE: report on railroad crossing safety policies and procedures, including equipment maintenance and repair in the City of Cambridge.
Councillor Seidel 09/13/10 (O-16)

10-134. Report from the City Manager:
RE: report on reducing energy consumption by way of deleting and/or limiting email storage.
Councillor Decker and Full Membership 09/13/10 (O-15)

10-135. Report from the City Manager:
RE: report on the possibility of working with the NSTAR/OPower project.
Vice Mayor Davis and Full Membership 09/27/10 (O-1)

10-138. Report from the City Manager:
RE: report on the feasibility of adding historical sub-signs to street signs and the possibility of commemorating the 200th anniversary of the War of 1812 with street sub-signs.
Vice Mayor Davis, Councillor Cheung, Councillor Decker, Mayor Maher, Councillor Reeves, Councillor Seidel, Councillor Simmons & Councillor Toomey 09/27/10 (O-6)

10-140. Report from the City Manager:
RE: report on safety policies and procedures in place to monitor the maintenance of natural gas pipelines in the City.
Councillor Seidel and Full Membership 09/27/10 (O-10)

10-150. Report from the City Manager:
RE: report on the possibility of Cambridge participating in the Bixi bike-sharing program.
Councillor Cheung and Full Membership 10/04/10 (O-6)

10-151. Report from the City Manager:
RE: report on how the transition of the Grand Junction Railroad to Commuter Rail traffic could impede the implementation of the Grand Junction Rail Trail. Councillor Toomey referred back for additional information on 10/25/10.
Councillor Toomey and Full Membership 10/04/10 (O-7)

10-153. Report from the City Manager:
RE: report on the feasibility of banning smoking in public parks and other public places.
Councillor Decker and Full Membership 10/04/10 (O-9)

10-155. Report from the City Manager:
RE: report on the process for discussing the report "Missed Opportunities Shared Responsibility" throughout the community and ensuring community groups have ample opportunity to discuss the report.
Councillor Decker 10/04/10 (O-12)

10-158. Report from the City Manager:
RE: report on repairing the brick sidewalk in front of 149 Hancock Street.
Councillor Reeves and Full Membership 10/18/10 (O-6)

10-163. Report from the City Manager:
RE: report on multiple questions concerning trees that come out of the Enviroment Committee meeting of 9/30/2010.
Vice Mayor Davis 10/25/10 (O-11)

10-165. Report from the City Manager:
RE: report on ways the City can work with the MAPC on opportunities related to the $4 million grant award to the MAPC on behalf of the Metro Boston Consortium for Sustainable Communities.
Councillor Seidel and Full Membership 11/01/10 (O-3)

10-166. Report from the City Manager:  See Mgr #3
RE: report on increasing public use at the War Memorial Recreation Center.
Councillor Reeves and Full Membership 11/01/10 (O-6)

10-167. Report from the City Manager:
RE: report on assisting neighbors as the No. Cambridge Catholic school site project proceeds and report on how the Table of Uses impact the development by special permit or variance in a Residence B District.
Vice Mayor Davis, Mayor Maher & Councillor Decker 11/01/10 (O-7)

10-168. Report from the City Manager:
RE: report on a communication from PERAC regarding the appropriation for FY2012. See Communication #6 of 11/8/2010.
Vice Mayor Davis and Full Membership

10-170. Report from the City Manager:
RE: report on whether the gutters are up to code at the Blessed Sacrament building.
Councillor Decker and Full Membership 11/08/10 (O-3)

10-172. Report from the City Manager:
RE: report on ensuring that the agreements between the develop and area residents are being upheld at the Blessed Sacrament Development.
Councillor Decker and Full Membership 11/08/10 (O-10)

10-173. Report from the City Manager:
RE: report on the particular facts and general principles to support affordable housing as part of the mitigation in zoning mitigation negotiations.
Councillor Decker 11/08/10 (O-12)

10-175. Report from the City Manager:
RE: report on feasibility of converting certain Inman Square parking meters to 2-hours and along Cambridge Street and on the possibility of installing time-weighted parking meter in Inman Square.
Councillor Cheung and Full Membership 11/22/10 (O-2)

10-176. Report from the City Manager:
RE: report on the feasibility of creating a "Bonding Program" for the purpose of ensuring that a process exists to enable the completion of work on projects where a developer fails to comply with an agreed upon community mitigation agreement.
Mayor Maher and Full Membership 11/22/10 (O-3)

10-177. Report from the City Manager:
RE: report on meetings with presidents of Cambridge colleges/universities to work out a proposal that they will pay the tuition and fees for students graduating from Cambridge public high schools.
Councillor Reeves and Full Membership 11/22/10 (O-7)

10-178. Report from the City Manager:
RE: report on developing an RFP for experimental music venues and space in Central Square.
Councillor Reeves and Full Membership 11/22/10 (O-8)

10-180. Report from the City Manager:
RE: report on feasibility of developing a formula/mechanism for receiving revenues negotiated during zoning changes and the possibility such revenues generated by a formula for distribution to community based non-profits.
Mayor Maher & Councillor Simmons 11/22/10 (O-12)

10-181. Report from the City Manager:
RE: report on the current formula that the City uses to calculate linkage payments for large scale projects.
Mayor Maher & Councillor Simmons 11/22/10 (O-13)

10-182. Report from the City Manager:
RE: report on when and where garbage trucks are allowed to back up on their routes and whether the City is liable for contracted garbage or recycling trucks that hit cars, trees or other things while performing their duties.
Councillor Kelley and Full Membership 12/06/10 (O-3)