CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $207,402.07 between School Department statutory accounts and include: $156,176.97 from the General Fund School Other Ordinary Maintenance account and $51,225.10 from the School Travel and Training account to the General Fund School Salaries and Wages account ($176,317.08) and to the School Extraordinary Expenditures account ($31,084.99) and are related to school improvement and professional development plans based on approved detail budget allocations by Principals.

2. Transmitting communication from Robert W. Healy, City Manager, relative to the transfer of $1,000,000 from General Fund School Salaries and Wages account to the General Fund School Other Ordinary Maintenance account which is required to cover additional costs for special education tuitions due to increased number of students and a reduction in the percentage reimbursement provided to the City from the State’s Circuit Breaker Program.

3. Transmitting communication from Robert W. Healy, City Manager, relative to the acceptance of M.G.L. Chapter 32B, Section 20, which will establish an Other Post Employment Liability Trust Fund. This irrevocable trust fund will provide the City a vehicle to make contributions to meet the unfunded liability; and the transfer of $2.0 million from the City’s Health Insurance Claims Trust Fund, which has a balance of $17.7 million to the Other Post Employment Liability Trust Fund. This initial allocation will begin the process of providing future allocations from this and/or other funding sources to the OPEB Trust Fund based on an annual review.

Dec 21, 2009
To the Honorable, the City Council:

I am hereby transmitting to you the actuarial valuation of City of Cambridge post employment welfare benefits as of Jan 1, 2009, which was recently completed by Gallagher Benefit Services and their subsidiary, Healthcare Analytics.

The actuary determined that the Unfunded Actuarial Accrued Liability (UAAL) as of July 1, 2009 was $598,995,000, which is slightly lower than the UAAL of $602,697,151 as of July 1, 2007 reported in the prior study, and which is positive news for the City since the amount has remained unchanged.

In addition, I have included a summary report submitted by the Other Post Employment Benefits (OPEB) working group, which included recommendations for my review. Also, I have included an Issue Brief on OPEB published by the Center for State & Local Government Excellence.

Based on the OPEB working group’s report, I am recommending that the City Council vote the following;

1) Accept M.G.L. Chapter 32B, Section 20, which will establish an Other Post Employment Liability Trust Fund. This irrevocable trust fund will provide the City a vehicle to make contributions to meet the unfunded liability.

2) Transfer $2.0 million from the City’s Health Insurance Claims Trust Fund, which has a balance of $17.7 million to the Other Post Employment Liability Trust Fund. This initial allocation will begin the process of providing future allocations from this and/or other funding sources to the OPEB Trust Fund based on an annual review.

Even before the City received its initial OPEB evaluation in 2007, the City was evaluating strategies to fund the OPEB liability, as well as waiting for legislation to be enacted to allow cities and towns to establish an OPEB Trust Fund. The legislation to provide for the local acceptance of an OPEB Trust Fund was enacted in January 2009.

In addition, the OPEB working group will continue to review possible funding sources to allow for an annual contribution based on financial conditions of the City. Overall, the City has positioned itself to address the OPEB liability in an orderly and planned manner in the future, which has been recognized by the rating agencies as part of its positive credit rating.

I respectfully request that the City Council accept these two recommendations.

Very truly yours, Robert W. Healy, City Manager

City Manager Order
Agenda Item No. 3A     Dec 21, 2009
ORDERED: That the City Council go on record accepting M.G.L. Chapter 32B, Section 20, which will establish an Other Post Employment Liability Trust Fund. This irrevocable trust fund will provide the City a vehicle to make contributions to meet the unfunded liability.
Adopted 9-0

City Manager Order
Agenda Item No. 3B     Dec 21, 2009
ORDERED: That the City Council approves the transfer of $2.0 million from the City’s Health Insurance Claims Trust Fund, which has a balance of $17.7 million to the Other Post Employment Liability Trust Fund. This initial allocation will begin the process of providing future allocations from this and/or other funding sources to the OPEB Trust Fund based on an annual review.
Adopted 9-0

4. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Commissioners of the Cambridge Housing Authority:
  Anthony Pini (term expires 4/1/2014) - Name submitted by Central Labor Council in accordance with Chapter 121B.
  Gerald Clark (term expires 1/11/2015) - Mr. Clark has been an integral part of the successful performance of the Cambridge Housing Authority Board for 30-years.
This item was initially Tabled by a 6-3 vote on a motion of Councillor Decker with Councillors Decker, Kelley, Reeves, Ward, Seidel, and Simmons voting YES to Table and Councillors Davis, Maher, and Toomey voting NO. Councillor Maher filed for Reconsideration and forwarding the matter to the 2010-2011 City Council. Late in the meeting, Councillor Decker asked unanimous consent to change her vote to not Table this matter and Councillor Ward followed. The motion to Table then failed on a 4-5 vote with Councillors Kelley, Reeves, Seidel, and Simmons voting YES to Table. [The intent of Tabling this matter was to convey the dissatisfaction by public housing resident advocates regarding the appointment process.]

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-129, regarding wireless services access at Newtowne Court and citywide.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-143, regarding a report on limited access to the YMCA for seniors.

7. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-132, regarding a report on the Blessed Sacrament Church construction project.

8. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-130, regarding a report on New York City Cool Roofs Program.

9. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-131, regarding a report on forming a Coordinating Council on Aging in Place.

10. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-139, regarding a report on the status of the Victims of Violence program and the Community Crisis Response Team.

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-65, regarding a report on changes to the intersection of River Street and Massachusetts Avenue.

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-141, regarding a report on the possibility of utilizing a system similar to Fast Lane that could be operated to pay for parking at municipal garages.

13. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 08-105, regarding a report on the possibility of a dog park at the Binney Street parcel.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 09-145, regarding contracts with Aggregate Industries.

15. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of $320,000 from Free Cash to the General Fund Finance Department (Assessing) Other Ordinary Maintenance account to provide additional funds for technical and professional services, as requested by the Director of Assessment.

ON THE TABLE
1. Opposition to the closing of the Oliver Farnum Senior Health Center. [Placed on Table on motion of Councillor Maher on Order Number Fourteen of Nov 3, 2008.]

2. That the Cambridge City Council go on record as favoring a ballot initiative during the next local municipal election that shall allow Cambridge voters to have their voices heard on ridding the world of nuclear weapons. [Placed on Table on motion of Councillor Decker on a Roll Call Vote of 6-3-0 on Order Number Two of Sept 21, 2009.]

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Marjorie Decker, Chair of the Civic Unity Committee, for a meeting held on Oct 6, 2009 for the purpose of initiating a community conversation on strengthening the community for a safer neighborhood. [Placed on Table on motion of Councillor Davis on Committee Report Number Two of Nov 2, 2009.]

4. An application was received from Gulzada Korkmaz, requesting permission for a curb cut at the premises numbered 133 Pearl 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. [Placed on Table on motion of Councillor Davis on Applications and Petitions Number Five of Dec 7, 2009.]

UNFINISHED BUSINESS
5. 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.]

6. 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.]

7. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Vice Mayor Sam Seidel and Councillor David Maher, Co-Chairs of the Ordinance Committee, for a meeting held on Nov 18, 2009 for the purpose of considering a petition for a zoning amendment filed by Richard D. Fanning et al. to eliminate the Section 5.25.3 exemption of existing parking facilities in the calculation of floor area ratio (FAR) and to delete Sections 20.44.3, which specifies maximum heights for the area between the centerline of the railroad right of way and the centerline of Cardinal Medeiros Avenue in the East Cambridge Housing Overlay District. Planning Board hearing held on Nov 17, 2009. Petition expires Feb 16, 2010. Committee Report Number Six of Dec 14, 2009 was Accepted and Referred to Unfinished Business.

APPLICATIONS AND PETITIONS
1. An application was received from Charles Myers for Philip Loughlin, requesting permission for a curb cut at the premises numbered 157 Brattle 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.

COMMUNICATIONS
1. A communication was received from Heather Clark and Dravida Bock, urging the City Council to vote in support of the Stretch Code.

2. A communication was received from the Rosemary L. Hughes, transmitting thanks to the City Council for the beautiful resolution in memory of her husband, Richard G. Hughes.

3. A communication was received from Department of Public Utilities, Transportation Oversight Division, transmitting notice of a hearing on Jan 12, 2010 at 1:00 p.m. at One South Station, Boston, on the appeal of Cambridge Airport Shuttle, Inc. from the City Council’s denial of an application for a hotel shuttle service over certain routes between Logan International Airport and the City of Cambridge.

RESOLUTIONS
1. Resolution on the death of John J. "Bonesy" Mahoney.   Councillor Maher, Councillor Toomey

2. Resolution on the death of Charles Gravell.   Councillor Toomey

3. Resolution on the death of Adelina (Sousa) Santos.   Councillor Toomey

4. Thanks and appreciation to City Councillor Larry Ward for his dedicated and distinguished service to the citizens of Cambridge.   Councillor Toomey

5. Encourage lesbian, gay, bisexual, and transgender people and their families to participate in the 2010 Census in order to achieve an accurate count of the population.   Mayor Simmons

6. Resolution on the death of Private First Class Jaiciae L. Pauley.   Councillor Decker
7. Resolution on the death of Private Jhanner A. Tello.   Councillor Decker
8. Resolution on the death of Sergeant Ralph Anthony Webb Frietas.   Councillor Decker

9. Best of luck to Cy Gaudet and family as they close their business, The Forest Cafe, after sixty years.   Councillor Decker

10. Congratulations to the Cambridge Pop Warner Midget Small Novice A Cheerleading Squad and Coach Laura Frisoli for placing third at the Pop Warner 2009 National Championship held at Disney’s Wide World of Sports Complex in Florida.   Councillor Ward

11. Congratulations to Angela Ward and Nekele McCall on winning the Disney Junior Soccer Showcase Tournament.   Councillor Ward

12. Resolution on the death of Margaret "Peggy" Smith.   Councillor Maher

13. Thanking Marietta Sbraccia for her leadership, and encourage other Cantabrigians to do their part to address climate change.   Councillor Decker

14. Congratulations to the Harvard Square Business Association on its 100th anniversary.   Councillor Toomey, Mayor Simmons

15. Congratulations to Raymond Tye on receiving the Norman B. Leventhal Community Leadership Award.   Councillor Toomey, Mayor Simmons

16. Resolution on the death of Jose M. Raposo.   Councillor Toomey

17. Resolution on the death of Manuel DaRosa.   Councillor Toomey

18. Resolution on the death of Barbara D. (Roderick) Coveney.   Councillor Toomey

19. Resolution on the death of Dorothy Karen (MacLeod) Leonard.   Councillor Toomey

20. Resolution on the death of Bernadine (Lally) McCarthy.   Councillor Toomey

21. Resolution on the death of Janice M. (McDonald) Xavier.   Councillor Toomey

22. Resolution on the death of Dianne M. Santoro.   Councillor Toomey

23. Resolution on the death of Thomas J. "Chief" Tavares.   Councillor Toomey

24. Happy Birthday wishes to State Representative Alice Wolf.   Councillor Decker

25. Resolution on the death of Mrs. Elizabeth Shephard.   Councillor Ward

ORDERS
1. That all items pending before the City Council and not acted upon by the end of the 2009 Legislative Session be placed in the files of the City Clerk without prejudice provided that those proposed ordinances which have been passed to a second reading, advertised and listed under "Unfinished Business" during the 2008-2009 City Council term shall be forwarded to the next City Council and further provided that any items pending in committee may, at the discretion of the committee, be forwarded to the next City Council.   Mayor Simmons

2. That the City Manager is requested to direct the appropriate staff to conduct a safety assessment of all City playgrounds and begin said assessment at the Cambridgeport School and make repairs as needed.   Mayor Simmons, Vice Mayor Seidel, Councillor Decker, Councillor Davis and Councillor Toomey

3. That the City Council direct the City Manager to create a comprehensive systematic approach for developing public private partnerships.   Mayor Simmons
Kelley - NO

4. That the City Manager is requested to appoint appropriate staff to work collaboratively to develop a mechanism to coordinate information on programs and opportunities for Cambridge students.   Mayor Simmons
Kelley - NO

5. Dedication of a suitable location in the vicinity of Pemberton Street and Middlesex Street in honor of Alton A. Howard and Elizabeth (Mahoney) Howard.   Councillor Maher
Kelley - NO

6. That the City Council go on record strongly urging Cambridge businesses/companies with past and/or present effluent violations to come into full compliance and to abide, in the future, with all state and federal environmental laws.   Councillor Maher

7. That the City Manager is requested to ask Oaktree Development to respond to concerns relating to community standards ensuring prevailing wages, health care coverage, workers’ compensation and apprenticeship programs.   Councillor Decker

8. That this City Council reaffirms its resolution of Sept 21, 2009 calling on Hyatt to rehire workers and encouraging Cambridge residents and businesses not to do business with Hyatt.   Councillor Decker

9. That the City Manager is requested to ask Hyatt Regency Cambridge to respond to concerns of work being done at 575 Memorial Drive as it relates to community standards.   Councillor Decker

10. That the City Council dedicate an appropriate site in the vicinity of the King School in honor of Carol Hill.   Councillor Ward and Mayor Simmons
Kelley - NO

11. That the Cambridge City Council go on record adopting the Stretch Energy Code which becomes effective July 1, 2010, the required six-month concurrency period between adoption and implementation.   Councillor Davis

12. That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of December 21, 2009 Claims Committee in the total sum of $1,769.82.   Councillor Toomey

13. That the City Council go on record dedicating the open space triangle on Mt. Auburn and Linden Streets in honor of David L. Halberstam, with a suitable dedication ceremony to be arranged by the Executive Assistant to the City Council in consultation with the Department of Public Works and appropriate members of the community including the Harvard Crimson and that said dedication ceremony take place in 2010 in conjunction with a celebration of the 45th anniversary of the publication of Mr. Halberstam's first book on Vietnam, The Making of a Quagmire.   Councillor Maher

14. That the City Manager is requested to communicate to the Board of Library Trustees the City Council's belief that the dedication of an appropriate spot at the New Main Library in honor of the late, renowned storyteller Brother Blue is within the purview of the Trustees and that the City Council respectfully requests that the Trustees discuss this matter and asks that the Trustees consider an appropriate spot for a dedication for which the Executive Assistant of the City Council would be available to assist the Director of the Library in planning.   Mayor Simmons

15. That the City Council refer Order No. 3 of November 16, 2009, regarding increasing ongoing public information about election counts in real time to the 2010-2011 City Council with the suggestion that the Government Operations Committee hold a hearing on this matter and the further suggestion that the Election Commission, the Municipal Cable Office, the Public Information Officer, the Director of Information Technology, and CCTV be invited to this hearing.   Councillor Davis

16. That Order No. 1 of April 13, 2009 on reviewing the policy about naming street corners be referred to the 2010-2011 City Council along with the October 27, 2006 report from the City Manager on this issue.   Councillor Maher

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Henrietta Davis, Chair of the Health and Environment Committee, for a meeting held on Dec 9, 2009 to discuss the Stretch Energy Code (SEC).

2. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on Dec 15, 2009 to consider claims filed against the City.

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves, Chair of the Human Services Committee, for a public hearing held on Apr 16, 2009 to discuss the closing of the Riverside Health Clinic and a public hearing held on Apr 29, 2009 to discuss the closing of the North Cambridge Health Clinic.

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David Maher and Councillor Henrietta Davis, Co-Chairs of the Government Operations and Rules Committee, for a public meeting held on Dec 9, 2009 to continue consideration of a petition to rename Plympton Street in honor of David L. Halberstam and to review the additional items remaining in committee.

HEARING SCHEDULE
Mon, Dec 21
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 4
10:00am   INAUGURAL MEETING  (Sullivan Chamber)

Tues, Jan 5
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Tues, Jan 19
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

Mon, Feb 1
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Feb 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Mon, Mar 1
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Mar 2
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

Tues, Mar 16
6:00pm   School Committee Meeting  (Sullivan Chamber)

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

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

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

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

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

TEXT OF ORDERS
O-1     Dec 21, 2009
MAYOR SIMMONS
ORDERED: That all items pending before the City Council and not acted upon by the end of the 2009 Legislative Session be placed in the files of the City Clerk without prejudice provided that those proposed ordinances which have been passed to a second reading, advertised and listed under "Unfinished Business" during the 2008-2009 City Council term shall be forwarded to the next City Council and further provided that any items pending in committee may, at the discretion of the committee, be forwarded to the next City Council.

O-2     Dec 21, 2009
MAYOR SIMMONS
VICE MAYOR SEIDEL
COUNCILLOR DECKER
COUNCILLOR DAVIS
COUNCILLOR TOOMEY
WHEREAS: Many parents of children who use the playground at the Cambridgeport School have voiced concern regarding broken and missing equipment that present unsafe conditions for children; and
WHEREAS: This playground serves approximately 300 children on a daily basis during the school year, and nearly half that many during their summer camp program; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the appropriate staff to conduct a safety assessment of all City playgrounds and begin said assessment at the Cambridgeport School and make repairs as needed.

O-3     Dec 21, 2009
MAYOR SIMMONS
ORDERED: That the City Council direct the City Manager to create a comprehensive systematic approach for developing public private partnerships.

O-4     Dec 21, 2009
MAYOR SIMMONS
WHEREAS: A great many students in Cambridge are not aware of the variety of programs and opportunities available to help support their individual and educational experience in the city of Cambridge; now therefore be it
ORDERED: That the City Manager be and hereby is requested to appoint appropriate staff to work collaboratively to develop a mechanism to coordinate information on programs and opportunities for Cambridge students.

O-5     Dec 21, 2009
COUNCILLOR MAHER
ORDERED: That the City Council dedicate a suitable location in the vicinity of Pemberton Street and Middlesex Street in honor of Alton A. Howard and Elizabeth (Mahoney) Howard; and be it further
ORDERED: That the Executive Assistant to the City Council be and hereby is requested to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-6     Dec 21, 2009
COUNCILLOR MAHER
WHEREAS: There was a recent release in the City of Cambridge of approximately 200 gallons of lubricating oil into the Charles River; and
WHEREAS: In an article appearing in The New York Times, entitled "Clean Water Laws Are Neglected at a Cost in Suffering" that detailed companies, both locally and nationally, who have violated state and/or federal environmental laws; now therefore be it
RESOLVED: That the City Council go on record expressing its disapproval of the illegal dumping of effluents and solid matter in the City of Cambridge; and be it further
RESOLVED: That the City Council go on record strongly urging Cambridge businesses/companies with past and/or present effluent violations to come into full compliance and to abide, in the future, with all state and federal environmental laws.

O-7     Dec 21, 2009
COUNCILLOR DECKER
WHEREAS: It has come to the attention of the City Council that Oaktree Development is going to be performing construction work at two sites in the city, one at the St. James Episcopal Church, and the other at Rounder Records; and
WHEREAS: Oaktree Development has had, at times, challenges working with contractors that meet community standards; and
WHEREAS: Community standards ensure prevailing wages, health care coverage, workers’ compensation, and provide apprenticeship programs; and
WHEREAS: This City Council encourages Oaktree Development to work with contractors who have a strong record of upholding community standards; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask Oaktree Development to respond on the status of this concern; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Oaktree Development on behalf of the entire City Council.

O-8     Dec 21, 2009
COUNCILLOR DECKER
WHEREAS: This City Council passed a Council Resolution on Sept 21, 2009 which strongly encouraged the Hyatt Regency Cambridge to rehire its longstanding housekeeping staff who had been fired and replaced with an outsourcing company; and
WHEREAS: This City Council also offered its assistance in facilitating negotiations between Hyatt executives and the fired workers; and
WHEREAS: The executives of Hyatt have failed to rehire their fired workers; and
WHEREAS: The executives of Hyatt have failed to avail themselves of the offer of assistance from this City Council; and
WHEREAS: Hyatt’s offer to the fired workers that they receive employment from an outsourcing firm is not in keeping with the request of this City Council but may have caused Cambridge residents to believe that the controversy related to the firings had been resolved; and
WHEREAS: Fired Hyatt housekeepers have been without employment for over three months and face very difficult economic conditions as they attempt to provide for the families during the holidays and must pay for heating bills and other necessities; now therefore be it
RESOLVED: That this City Council reaffirms its resolution related to Hyatt of Sept 21, 2009 calling on Hyatt to rehire workers and encouraging Cambridge residents and businesses not to do business with Hyatt; and be it further
RESOLVED: UNITE HERE Local 26 has created a fund to assist these workers and have been organizing holiday packages for them. This City Council invites residents and businesses to make a contribution for the benefit of the fired Hyatt workers and can do so through the website www.bringbackthehyatt100.org; 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 Hyatt Regency Cambridge, on behalf of the entire City Council.

O-9     Dec 21, 2009
COUNCILLOR DECKER
WHEREAS: It has come to the attention of this City Council that construction work being done at the Hyatt Regency Cambridge, at 575 Memorial Drive, is being done contractors who do not uphold community standards; and
WHEREAS: Community standards ensure prevailing wages, health care coverage, workers’ compensation, and provide apprenticeship programs; and
WHEREAS: The specific work at this site that is being done by contractors who do not uphold community standards is construction work being performed by Triple Crown Construction, and the fire alarm upgrade being performed by Simplex; and
WHEREAS: This City Council is concerned when construction projects in the city are being performed by contractors who do not uphold community/area labor standards; now therefore be it
ORDERED: That the City Manager be and hereby is requested to ask Hyatt Regency Cambridge to respond on the status of these concerns; 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-10     Dec 21, 2009
COUNCILLOR WARD
MAYOR SIMMONS
ORDERED: That the City Council dedicate an appropriate site in the vicinity of the King School in honor of Carol Hill; and be it further
ORDERED: That the Executive Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-11     Dec 21, 2009
COUNCILLOR DAVIS
WHEREAS: In May 2009 the Massachusetts Board of Building Regulations and Standards adopted Appendix 120.AA, known as the Stretch Energy Code that provides a more energy efficient building code option for cities and towns than the base code; and
WHEREAS: The Health and Environment Committee held a public meeting on July 28, 2009 to discuss the Stretch Energy Code; and
WHEREAS: Pursuant to City Council Order Number Five of Sept 14, 2009 two informational sessions were held by the Community Development Department. The informational session held on Oct 15, 2009 focused on residential buildings and the Oct 20, 2009 focused on commercial buildings; and
WHEREAS: On Nov 23, 2009 the Community Development Department reported back to the City Council on these informational sessions. Said report was referred to the City Council Health and Environment Committee which was designated by the City Council as the committee to hold the required public hearing on the Stretch Energy Code; and
WHEREAS: Public notice and hearing requirements were fulfilled as follows: on Dec 3, 2009 the notice of the public hearing was published in the Cambridge Chronicle and on Dec 9, 2009 the public hearing was held by the Health and Environment Committee; and
WHEREAS: It is the goal of the City of Cambridge to encourage energy efficiency using many strategies, both voluntary and required; now therefore be it
ORDERED: That the Cambridge City Council go on record adopting the Stretch Energy Code which becomes effective July 1, 2010, the required six-month concurrency period between adoption and implementation.

O-12     Dec 21, 2009
COUNCILLOR TOOMEY
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of Dec 21, 2009 Claims Committee in the total sum of $1,769.82.

O-13     Dec 21, 2009
COUNCILLOR MAHER
ORDERED: That the City Council go on record dedicating the open space triangle on Mt. Auburn and Linden Streets in honor of David L. Halberstam, with a suitable dedication ceremony to be arranged by the Executive Assistant to the City Council in consultation with the Department of Public Works and appropriate members of the community including the Harvard Crimson and that said dedication ceremony take place in 2010 in conjunction with a celebration of the 45th anniversary of the publication of Mr. Halberstam's first book on Vietnam, The Making of a Quagmire.

O-14     Dec 21, 2009
MAYOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to communicate to the Board of Library Trustees the City Council's belief that the dedication of an appropriate spot at the New Main Library in honor of the late, renowned storyteller Brother Blue is within the purview of the Trustees and that the City Council respectfully requests that the Trustees discuss this matter and asks that the Trustees consider an appropriate spot for a dedication for which the Executive Assistant of the City Council would be available to assist the Director of the Library in planning.

O-15     Dec 21, 2009
COUNCILLOR DAVIS
ORDERED: That the City Council refer Order No. 3 of Nov 16, 2009, regarding increasing ongoing public information about election counts in real time to the 2010-2011 City Council with the suggestion that the Government Operations Committee hold a hearing on this matter and the further suggestion that the Election Commission, the Municipal Cable Office, the Public Information Officer, the Director of Information Technology, and CCTV be invited to this hearing.

O-16     Dec 21, 2009
COUNCILLOR MAHER
ORDERED: That Order No. 1 of April 13, 2009 on reviewing the policy about naming street corners be referred to the 2010-2011 City Council along with the Oct 27, 2006 report from the City Manager on this issue.

TEXT OF COMMITTEE REPORTS
Committee Report #1
The Health and Environment Committee held a public hearing on Wed Dec 9, 2009 at five o’clock and eight minutes p.m. in the Sullivan Chamber.

The purpose of the public hearing was to discuss the Stretch Energy Code (SEC).

Present at the public hearing were Councillor Henrietta Davis, Chair of the Committee; Vice Mayor Sam Seidel; Councillor David Maher; Mayor E. Denise Simmons; Beth Rubenstein, Assistant City Manager for Community Development; Susan Glazer, Deputy Director of Community Development; John Bolduc, Environmental Project Planner, Community Development; Iram Farooq, Project Planner, Community Development Department; Ranjit Singanayagam, Commissioner, Inspectional Services; Dave Burns, Inspector, Inspectional Services; Charles Sullivan, Executive Director, Historical Commission; Sarah Burks, Historical Commission; Penny Peters, chambermaid to Councillor Davis; and Deputy City Clerk, Donna P. Lopez.

Also present were Marc Breslow and Ian Finlayson, State Executive Office of Energy and Environmental Affairs; Janet Curtis, Department of Energy and CEP member; Terrence Smith, Cambridge Chamber of Commerce; Karen Sommerlad and Joseph Migliosi, Harvard University; Maureen McCaffrey, MIT; Amy Meltzer, 45 Antrim Street; Jason Cohen, 221 Hampshire Street; Betsy Boyle, 277 Rindge Avenue; Paul Morse, Morse Construction, 24 Beech Street; Larry Bluestone, 700 Mass. Avenue; Paul Tammaro; Paul Chapple; Tom Stohlman; Frank Shirley; Bob Andrews; Emily Talcott; and Jamie Lee, S & H Construction.

Councillor Davis opened the public hearing and explained the purpose. She outlined the format of the public hearing. A presentation would be made by the Community Development Department regarding the SEC and then the hearing would be opened to public comment.

Ms. Glazer informed the public that the SEC is an appendix (120.AA) to the State Building Code offered as an option for communities to adopt. (ATTACHMENTS A and B) The SEC would produce 20% more energy efficient buildings that the base code. Cambridge is interested in adopting the SEC. Ms. Glazer explained that there is a concurrency period of six months after adoption before the SEC becomes effective. SEC applies to both residential and commercial buildings. For residential building there are two tracks for testing: performance and prescriptive. New construction requires using the performance track and must use the Home Energy Rating System (HERS). Renovation work can use either the performance or prescriptive track. The SEC applies to commercial new construction over 5,000 square feet and multi-family residential buildings that are four stories or taller. Commercial buildings 100,000 square feet or larger and laboratories, supermarket and warehouses larger than 40,000 square feet must use energy modeling to show a 20% increased energy efficiency. Commercial renovation is not subject to SEC.

Ms. Glazer explained the public process thus far. The CDD held two informational sessions to explain to the general public the SEC; one about commercial buildings and one about residential buildings. There were 80 people who attended. Comments from these sessions related to implementation and construction costs. HERS raters must take a training program and must rate five buildings for certification. There are a sufficient number of HERS raters. The cost associated with new commercial construction is small but payback could be realized in three years. The SEC gives points to LEED rating. There were questions about the SEC and historical buildings. Historically designated buildings are exempt from SEC.

Councillor Davis asked for comments from the State Executive Office of Energy and Environment.

Mr. Breslow informed the committee that the SEC contains the provisions of the existing code. Newton is the only community that has adopted the SEC. Mr. Finlayson added that the Department of Energy, the International Energy Conservation Code (IECC) Council and the Building Council have all endorsed the SEC. The IECC endorsed the SEC for 2012. The IECC takes effect Jan 1, 2010 and increases energy efficiency in residential and commercial buildings by 20%. The 2012 IECC will be close to SEC. The state will provide free training state-wide to building inspectors and at-cost for building construction workers.

Councillor Maher asked since the SEC is optional and only one community has adopted the SEC, why did the Legislature send it back to cities and towns. Councillor Davis stated that Cambridge required more stringent energy regulations but did not have the authority to achieve this so the state developed the SEC. Local communities applied pressure. Mr. Breslow added that the Massachusetts Board of Building Regulations and Standards (BBRS) wanted standards. The state wanted to have the same standards as other states and that is why the IECC was adopted. The IECC provided uniformity.

At five o’clock and thirty minutes p.m. Councillor Davis opened the public hearing for public comment.

Janet Curtis, CEP member, Department of Energy, stated that she supported the SEC. She was a member of the Governors Steering Committee. The SEC is a step to increase energy efficiency and it is not much of a stretch.

Councillor Davis asked the Commissioner of Inspectional Services Mr. Singanayagam, the number of residential building that would be affected by the SEC. Mr. Singanaygam responded eleven residential units and two commercial buildings would be affected if the SEC were adopted at this time.

Maureen McCaffrey, MIT, stated that she had questions relating to the LEED guidelines. The LEED 2010 is different from the ASHRAE standard. She asked how the energy related language would work in the SEC and LEED.

Terrence Smith, Cambridge Chamber of Commerce, read a prepared statement (ATTACHMENT C). He requested that enactment of the SEC be delayed.

Tom Stohlman, architect, 19 Channing Street, informed the committee that he has attended HERS seminars. Residential renovation can use the prescriptive method, which is the current method in the Building Code. He stated that his concern is that there is only one HERS pressure test done after the building is built and if not passed it is harder to fix since the building is already sealed. He stated that he prefers the prescriptive rather than the performance standard. The HERS standard was established by a private company that sells its software for HERS. He cannot tell his clients what they are required to do to get the HERS ranting for performance method. There is no transparency. He supports the energy efficiency goal but is not in favor of priority test owned by a private non-profit company. He stated that there are not many HERS raters in the Cambridge/Boston area.

Frank Shirley, architect, 75 Henry Street, spoke on the residential component of the SEC. He stated that there are many weaknesses as applied to residential construction. In his opinion sustainability relates to materials used and how things work. Work in Cambridge is mostly renovation or restoration and this will be captured in the SEC. The prescriptive method will be used. He stated that his concern is that the existing code uses the prescriptive method but requires a residential check. He believes that the SEC prescriptive method eliminates the residential check and hinders innovation. He used windows as an example. The SEC would only require Energy Star windows. Wood, sealant used and replacement parts are not evaluated in the Energy Star windows. The block and tackle operating system used in the Energy Star windows is a low standard. Technology changes and replacement parts will not be available. The cost of the HERS rater keeps going up and incentives may go away. The cost to the homeowner for the HERS rater can range from $900 - $2,000. No analysis has been done on the need for HERS raters. As an architect, he cannot do an evaluation because a HERS rater needs to be hired. The training of the HERS rater is only one week.

Mayor Simmons stated that HERS training should be included in the green jobs training program.

Bob Andrews, a mechanical engineer who designs commercial buildings, stated that he is responsible for 15 LEED certified buildings, has worked on another 50 LEED projects and done energy models. LEED has rules relating to the energy code; SEC does not contain the rules. There is a gap in the direction on how to document and prove compliance with the energy model. How are the energy models standardized, he asked? Inspectors need a standard for what buildings can do and how much better the energy efficiency was achieved. He stated that the SEC will not accomplish what is expected.

Jason Cohen, architect, 221 Hampshire Street, commented that the performance method in SEC is fraught with danger. He noted that in the absence of a prescriptive method, a permit may not be given. Is permit issued and certificate of occupancy dependent on HERS?

Jaime Lee, S & H Construction, stated that HERS is easy. There is not much of a change with the specification of work. HERS highlights defects in construction and has taught him what to watch out for. He has concern about the requirement of materials used. He cited the example of single glazed windows. He commented about the expense to operate buildings being too costly. He supported SEC.

Paul Morse, 24 Beech Street stated that he works in a residential remodeling firm. He would use the prescriptive method. He spoke about the sequencing of work relating to HERS. HERS is a national standard. He noted that there are times when the blower door test can be done throughout construction. He urged the City Council to adopt the SEC.

Public comment ended at six o’clock and twenty-two minutes p. m.

Councillor Davis stated that the world is facing a climate emergency. She supported adoption of the SEC. She stated that she witnessed the blower door test done on her new house. This is a different way to do business and to build a house. Pipes without insulation are imperfections which cannot occur in the future. It is important to move forward on this issue.

Vice Mayor Seidel stated that the baseline needed to be moved. Builders feel confident that they can do the work. If improvement and increased efficiency is not seen what is the point.

A discussion occurred about incentive and rebates. Mr. Breslow stated that the DPU has to rule on the utility energy plans and the ruling is expected in the future. The plan proposes incentives. Mr. Smith commented that rate payers pay for the incentives and could go away in the future. The Attorney General protects rate payers and the utility companies are asking rate payers to subsidize these incentives. Mr. Breslow informed the committee that the Attorney General is part of the energy council working to develop the utility plan. Incentives go away. The only way to change this is if the entire state adopts the SEC. Ms. Curtis cited two legal precedents. In California there is taxpayer money in incentives. Incentives must be the same for communities which adopted SEC and those where SEC not adopted. The second was that Boston adopted LEED incentives.

Mr. Finlayson spoke about residential buildings needing HERS rating. There were 1,000 buildings with HERS rating on a voluntary basis. There were 600 in Massachusetts last year. Listed historical buildings are exempt from SEC. Only systems that are being changed need to be brought up to code. Old windows do not need to be replaced. There is a thriving market for replacement of Energy Star windows.

Councillor Davis asked if the blower test fails what is the recourse. Mr. Finlayson stated that the blower door test can be done before drywall is installed. Ducts need to be tested. This test allows builders to make corrections.

Councillor Davis stated that the state can be helpful with information on how the HERS works; it is presently not transparent. More information is needed by the consumer. Mr. Stohlman stated that designers need to know how to achieve the HERS rating. Mr. Breslow stated that design specs are on the state website. Software can also be purchased. Mr. Finlayson agreed that a better job could be done by the state on consumer outreach. There are free trainings on the Energy Star website.

Councillor Davis asked how LEED is achieved in the SEC. Mr. Finlayson stated that SEC uses LEED standard. The 2010 ASHRAE will use LEED and the state code and LEED will use the same standard going forward. Mr. Smith commented that there is no LEED standard for energy for laboratories. Ms. Farooq stated that energy building calculations are used for labs. Ms. McCaffrey stated that the baseline is used when building a lab. Lab certification is achieved using LEED for new buildings.

Charlie Sullivan, Executive Director, Historical Commission, asked for clarification that historical designed buildings are exempt from the SEC. Mr. Finlayson informed Mr. Sullivan that the base code has an historical building exemption and the SEC states to see the base code. The current and new code contains the historical building exemption.

Councillor Davis made the following motion:
WHEREAS: In May 2009 the Massachusetts Board of Building Regulations and Standards adopted Appendix 120.AA, known as the Stretch Energy Code that provides a more energy efficient building code option for cities and towns than the base code; and
WHEREAS: The Health and Environment Committee held a public meeting on July 28, 2009 to discuss the Stretch Energy Code; and
WHEREAS: Pursuant to City Council Order Number Five of Sept 14, 2009 two informational sessions were held by the Community Development Department. The informational session held on Oct 15, 2009 focused on residential buildings and the Oct 20, 2009 focused on commercial buildings; and
WHEREAS: On Nov 23, 2009 the Community Development Department reported back to the City Council on these informational sessions. Said report was referred to the City Council Health and Environment Committee which was designated by the City Council as the committee to hold the required public hearing on the Stretch Energy Code; and
WHEREAS: Public notice and hearing requirements were fulfilled as follows: on Dec 3, 2009 the notice of the public hearing was published in the Cambridge Chronicle and on Dec 9, 2009 the public hearing was held by the Health and Environment Committee; and
WHEREAS: It is the goal of the City of Cambridge to encourage energy efficiency using many strategies, both voluntary and required; now therefore be it
ORDERED: That the Cambridge City Council go on record adopting the Stretch Energy Code which becomes effective July 1, 2010, the required six-month concurrency period between adoption and implementation.

The motion - Carried.

Councillor Davis thanked those present for their attendance. She stated that this will be reported to the full City Council for consideration at its meeting of Dec 21, 2009.

The public hearing adjourned at six o’clock and fifty-seven minutes p. m.

For the Committee,
Councillor Henrietta Davis, Chair

Committee Report #2
The Claims Committee held a public meeting on Tues, Dec 15, 2009 at five o’clock p. m. in the Ackermann Room.

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

Present at the meeting were Councillor Timothy J. Toomey, Chair of the Committee; Councillor David P. Maher; Assistant City Solicitor Sam Aylesworth; and Deputy City Clerk Donna P. Lopez.

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

Councillor Toomey thanked all those present for their attendance.

The meeting adjourned at five o’clock and forty-five minutes p.m.

For the Committee,
Councillor Timothy J. Toomey, Chair

ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of Dec 21, 2009 Claims Committee in the total sum of $1,769.82.

Committee Report #3
The Human Services Committee conducted two public hearings on the closing of neighborhood clinics in Cambridge. The first hearing was held on Apr 16, 2009 at 6:15pm in the auditorium of the Martin Luther King Jr. School, 100 Putnam Avenue, to discuss the closing of the Riverside Health Clinic. The second hearing was held on Apr 29, 2009 at 6:20pm in the auditorium of the Peabody School, 70 Rindge Avenue, to discuss the closing of the North Cambridge Health Clinic.

Councillor Kenneth E. Reeves, Vice Mayor Sam Seidel, Councillor Larry Ward and City Clerk D. Margaret Drury attended both hearings. They were joined by Councillor Timothy J. Toomey Jr. at the hearing on the closing of at the Riverside Hearing and by Councillor Craig Kelley at the hearing on the North Cambridge Health Clinic. Claude Alix Jacob, Chief Public Health Officer for the City of Cambridge attended both hearings. Ellen Semonoff, Assistant City Manager for Human Service Programs; Richard Harding, Cambridge Public Health Department (CHA); Kimberly Sansoucy, Director of the Women’s Commission, attended the first hearing. In addition to the Chief Public Health Officer, Cambridge Health Alliance staff present at the first hearing Dr. Rob Meyer, Director of the Windsor Street Health Clinic; and Linda Cundiff, Community Outreach Coordinator, CHA, who also attended the second hearing; and at the second hearing, CHA attendees included Dr. David Elvin, Medical Director, Cambridge Family Health Services North; Dr. Lisa .Dobberteen, Cambridge Health Alliance and Cambridge Family Health Services North; Dr. Karen Hacker, Director of Medical Services for the Public Health Department (PHD); Dr. David Osler, Medical Director of Ambulatory Services; Marisol Brown, Assistant to Mr. Jacob, PHD; Carolyn Parker, CHA; and Lisa Montuori Trimble, CHA.

The following interested persons were present at the Riverside hearing: R Jay Jones, 5 Callendar Street; Annie Sontulon, 8 Bigelow Street; Pam Edwards, Massachusetts Senior Action Committee (MSAC), 565 Warren Street, Boston; Barbara McPherson, 4 Putnam Gardens; Joan Hill, 6 Mt. Auburn Street; Ruby Woodbine, MSAC, 63 Holworthy Street; Richard C. Wadman, 3 Mt. Auburn Street 804;Joan Morris 2050 Massachusetts Avenue; Sylvia Brown, 2 Mt. Auburn Street #401; Betty Dupont, 1 Mildred Hamilton Place Apt. 3; Mo Barbosa, 34 Pine Street; Lawrence Prift, Cambridge; Jean Jeune, Haitian Services, 19 Brookline Street; Lois Jones, 13 Putnam Gardens #116; Cynthia Coleman, 12 Putnam Gardens #109; Lawrence Adkins, 45 Hayes Street; Jacinte Arena, Cambridge; Madeline McDowell, 237 Franklin Street 18F; Patricia Moakley, 237 Franklin Street #16E; Karolina Vozbutas, 2 Mt. Auburn Street; Tina Alu, CEOC; Gail Jones, 8 Museum Way; and Charles H. Trevilllian, 23 Andrew Street.

Interested persons present at the Peabody School hearing included O.H. Oluwole, 73B Bolton Street, user of the North Cambridge Neighborhood Health Clinic (NCNHC); Lola Dubois, 364 Rindge Avenue 14C, user of the NCNHC; and Mike Theodorikos, 50 Churchill Avenue.

Both hearings began with a welcome and introduction by Councillor Reeves. He briefly outlined the history of the Cambridge Hospital, owned by the City of Cambridge, which established the neighborhood clinics. In 1996 the Cambridge Hospital became the Cambridge Health Alliance, an independent public authority. The City of Cambridge gave the Health Alliance the hospital, the clinics and annual financial assistance. The Cambridge Health Alliance grew and acquired the Somerville Hospital and the Whidden Hospital.

As the health care system and then the general economy faced larger and larger problems, the Cambridge Health Alliance made changes that have caused consternation among patients. The Senior Center health care clinic closed and patients were told that they had to go to the Riverside Clinic. Now the Riverside and the North Cambridge Health Care Centers are both closing. Councillor Reeves noted that this is not a session for blame. There are no evildoers here. This hearing is about what are the reasonable expectations that Cambridge citizens can have about their health care.

The public testimony presented at both hearings included concern about additional closings of more clinics, testimony about additional waiting times experienced by patients due to the closing of these clinics and concern that the neighborhood clinic health care model will completely disappear.

The administrative and medical Cambridge Health Alliance staff presented information about new transportation options available to patients who faced changing to a new health clinic and introductions of medical staff who would be serving patients in the Cambridge Health North Health Care offices that would be serving the patients from the North Cambridge Health Care Center.

Councillor Reeves thanked all attendees for their participation.

The Apr 16, 2009 hearing was adjourned at 8:25pm and the Apr 29, 2009 hearing was adjourned at 7:45pm.

For the Committee,
Councillor Kenneth E. Reeves, Chair

Committee Report #4
The Government Operations and Rules Committee held a public meeting on Dec 9, 2009 beginning at 3:36pm in the Ackermann Room. The purpose of the meeting was to continue consideration of a petition to rename Plympton Street in honor of David L. Halberstam and to review the additional items remaining in committee (Attachment A).

Present at the meeting were Councillor David Maher and Councillor Henrietta Davis, Co-Chairs of the Committee; Mayor E. Denise Simmons; Councillor Larry Ward; City Clerk D. Margaret Drury; and Executive Assistant to the City Council Sandra Albano. Present from the city administrative staff were Robert W. Healy, City Manager; Richard Rossi, Deputy City Manager; and Lisa Peterson, Commissioner of Public Works.

Councillor Maher convened the meeting and explained the purpose. He began with the petition to rename Plympton Street in honor of David Halberstam. He invited former City Councillor and Mayor Francis H. Duehay, as one of the petitioners, to begin with a statement. Mr. Duehay said that the petitioners have encountered opposition that they had not expected. They have no wish to inflict upon the neighbors and residents a process and result that the neighbors and residents would find onerous. The petitioners believe that such an imposition would not be in keeping with the character of the person they would like to honor. Therefore he is suggesting that instead of renaming Plympton Street, the City Council consider naming the small park on Mt. Auburn Street near Linden Street in honor of David Halberstam. The small park is not currently named. He envisions naming the park in Mr. Halberstam’s honor in an appropriate dedication ceremony that the Executive Assistant to the City Council would arrange with her usual skill.

Councillor Maher then invited other interested persons to speak.

Attorney Kevin Crane, 104 Mt. Auburn Street, stated that he is representing the alumni board of the Harvard Crimson. He believes that this would be an alternative that would be very acceptable to his clients, who have actively opposed the renaming of Plympton Street.

John Wofford, 13 Cottage Street, stated that he wrote a letter to the City Council opposing the renaming of Plympton Street. He is very supportive of honoring David Halberstam and he would be much happier with the park alternative. He suggested that since the park fronts on the Lampoon, perhaps they should be consulted. Mr. Wofford also noted that the year 2010 is the 45th anniversary of the publication of David Halberstam’s first book about Vietnam, The Making of a Quagmire. In light of this anniversary and current events, this is a very appropriate time to honor Mr. Halberstam.

Philip M. Cronin, 3 Lincoln Way, a trustee for the Harvard Crimson Trust, owner of the Crimson, stated that Mr. Duehay’s suggestion is an excellent one that the Crimson could happily support. In addition, he could see the Crimson making a contribution to the dedication.

Frank Connolly, 67 Governors Avenue, Medford, Vice Chair of the Crimson Graduate Council thanked Mr. Duehay for his "Solomonic" compromise and said that the Graduate Council supports this compromise as a happy resolution.

Councillor Maher submitted the following motion:
ORDERED: That the City Council go on record dedicating the open space triangle on Mt. Auburn and Linden Streets in honor of David L. Halberstam, with a suitable dedication ceremony to be arranged by the Executive Assistant to the City Council in consultation with the Department of Public Works and appropriate members of the community including the Harvard Crimson and that said dedication ceremony take place in 2010 in conjunction with a celebration of the 45th anniversary of the publication of Mr. Halberstam’s first book on Vietnam, The Making of a Quagmire.

The motion passed on a voice vote without objection.

The committee then proceeded to review of the items remaining in the Government Operations and Rules Committee.

With regard to the order submitted by Mayor Simmons to dedicate an appropriate spot at the new Main Library in honor of the late Reverend Dr. Hugh Morgan Hill "Brother Blue", the consensus of those present was that this an excellent idea, but that this is a decision for the Library Trustees. The committee passed the following motion without objection:
ORDERED: That the City Manager be and hereby is requested to communicate to the Board of Library Trustees the City Council’s belief that the dedication of an appropriate spot at the New Main Library in honor of the late, renowned storyteller Brother Blue is within the purview of the Trustees and that the City Council respectfully requests that the Trustees discuss this matter and asks that the Trustees consider an appropriate spot for a dedication for which the Executive Assistant of the City Council would be available to assist the Director of the Library in planning.

The committee then considered the matter of increasing ongoing public information about election counts in real time, including using CTV8 for interim results. Mayor Simmons, Councillor Maher, Councillor Davis and Councillor Ward all agreed that more interim information must be available. It is extremely disconcerting to go to the city website or to Channel 8 and find absolutely no mention that there is a count in progress. Councillor Davis made the following motion:
ORDERED: That the City Council refer Order No. 3 of Nov 16, 2009, regarding increasing ongoing public information about election counts in real time to the 2010-2011 City Council with the suggestion that the Government Operations Committee hold a hearing on this matter and the further suggestion that the Election Commission, the Municipal Cable Office, the Public Information Officer, the Director of Information Technology, and CCTV be invited to this hearing.

The committee then took up Order No. 6 of May 12, 2008, submitted by Mayor Simmons. The order requests that the City Manager request all city department heads to provide in writing standard operating procedures for their departments that include details of staff positions, functions and narrative or step-by-step procedures, standard operations and functions. Mr. Rossi said that this order would involve an enormous amount of work for every department in the city. He inquired as to the purpose of the order. Mayor Simmons said that she wanted to address basic operating procedures, for example answering the telephone and responding to telephone messages. Does the City have a protocol for the time within which a telephone call must be returned? If a citizen calls the wrong department for their problem, is there a policy for how the person who answers treats the call? Although the Mayor’s Office staff gets reports of excellent customer service, they also get complaints about lack of response to telephone calls, issues of courtesy, etc. Councillor Davis observed that the crux of this order appears to be customer service. Perhaps the issue should be referred to the next City Council for a roundtable discussion of customer service.

Councillor Davis asked Mr. Duehay for his thoughts on this matter. Mr. Duehay said that customer service is extremely important and that it is also very important to respond to issues related to the quality of customer service immediately. If the Mayor’s Office gets complaints, they should be relayed to the City Manager’s Office for investigation and response. Mr. Duehay asked whether satisfaction with customer service is one of the questions on the biannual citizen satisfaction survey. Mr. Healy responded that it is, and that the reported satisfaction rate is 92%. He encouraged the Mayor and any city councillor who receives a complaint about customer service to refer it to the City Manager’s Office immediately. Mr. Rossi agreed, and said that the Executive Office has the necessary protocols and experience to investigating and correct any lapses in customer service, and they do not hesitate to take aggressive action when it is appropriate.

With regard to the issue of a policy for naming street corners, Ms. Albano submitted a copy of a report from the City Manager on this issue which was transmitted by the City Manager on his agenda on Oct 27, 2006 (Attachment B). The report proposed a procedure for applying for a public memorial and the criteria for consideration of such an application. It was agreed without objection that the issue and the report from the City Manager should be referred to the 2010-2011 City Council in accord with the following order:
ORDERED: That Order No. 1 of Apr 13, 2009 on reviewing the policy about naming street corners be referred to the 2010-2011 City Council along with the Oct 27, 2006 report from the City Manager on this issue.

There was a discussion of the current policies for public comment. Councillor Davis said that some city councils around the country take a different approach and establish an "open forum" for citizens to talk to the council about anything that they want. In some places there is an open microphone session once a month. Councillor Maher said that he believes the current format of allowing each speaker three minutes to talk about anything on the City Council’s action agenda is working well. Councillor Ward agreed.

Councillor Davis said that she is troubled by the suspension of the rules to allow one member of the public to speak for longer than the three-minute time allotted by the City Council Rules. There is a fairness issue. Mr. Duehay reminded the committee that the public comment period on Monday nights is not the only opportunity for citizens to speak to their City Councillors. Councillor Maher said that an ordinary citizen who has two children at home to care for and wants to be able to address an item on the agenda needs to be able to predict when he or she will be able to speak. That calculation is possible if the citizen can see what number she or he is on the list of speakers and multiply the number of previous speakers by three, but it is not possible when there are several suspensions of the rules, especially, when the suspensions are not to add another minute but rather "to allow the speaker to complete his or her testimony."

It was agreed that the Government Operations Committee should emphasize that being consistent with regard to the time allowed speakers promotes fairness and predictability for the citizens and is beneficial for the operation and procedures of the meeting. In the event of unusual circumstances the City Council can vote for suspension of the rules. In such a circumstance the preferred practice is to limit the additional time to one more minute.

Mr. Duehay said that it is unfortunate that there are a handful of citizens who feel the need to comment at every meeting in a very repetitive and negative way. He believes that they trivialize the process and discourage people who do have something to say. Mr. Healy said that even so, when there is an issue that ordinary people are concerned about, they do come to speak and their comments do make a difference. He gave the example of the comment provided by neighbors in opposition to a curb cut at a recent meeting. Mr. Rossi agreed and stated that he believes that it is important to limit the public comment to items that are on the City Council agenda.

The committee considered the matter of whether there were options for the meeting at which the City Council takes up the election of the Mayor. Councillor Davis said that it is quite clear that the Charter requires that there be a vote at the organizational meeting on the first Monday of January, even though the final election may not be concluded on that day. It was agreed without objection that no action was necessary. Similarly, after a short discussion on the issue of making a special time on the order of business of the regular meeting for public announcements by members of the City Council, it was agreed that no action was necessary, as the present practice of occasional suspension of the rules for such announcements at the end of the meeting has not been problematic.

Councillor Maher and Councillor Davis thanked those present for their participation. The meeting/hearing was adjourned at 4:45pm.

For the Committee,
Councillor David Maher, Co-Chair
Councillor Henrietta Davis, Co-Chair

AWAITING REPORT LIST
08-65. Report from the City Manager:  See Mgr #11
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)

08-101. 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)

08-105. Report from the City Manager:  See Mgr #13
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)

08-148. Report from the City Manager:
RE: report on appointing a public housing or Section 8 tenant to fill the existing vacancy on the Cambridge Housing Authority Board of Commissioners.
Councillor Decker and Full Membership 12/08/08 (O-2)

08-152. Report from the City Manager:
RE: report on the status of establishing a Walden Street Cattle Pass observation point.
Councillor Decker and Full Membership 12/15/08 (O-1)

08-158. Report from the City Manager:
RE: report on possible funding to deal with hoarding and to preserve housing.
Councillor Davis 12/22/08 (O-8)

09-11. Report from the City Manager:
RE: report on the removal of the Homeland Security Surveillance cameras and infrastructure and who is responsible for the removal.
Councillor Decker and Full Membership 02/09/09 (O-7)

09-21. Report from the City Manager:
RE: report on survey of surrounding cities and towns on the hours of operation of their libraries and a survey of patrons as to their needs and desires with respect to library hours.
Councillor Davis 03/09/09 (O-14)

09-22. Report from the City Manager:
RE: report on ways to implement the recommendations made in A Look at Women in Cambridge Now.
Mayor Simmons and Full Membership 03/23/09 (O-7)

09-26. Report from the City Manager:
RE: report on potential amendments to the zoning ordinance to bring city lighting more in line with dark sky principles and address problems of enforcement of existing regulations.
Councillor Davis and Full Membership 03/23/09 (O-16)

09-66. Report from the City Manager:
RE: report on efforts to prohibit smoking in parks.
Councillor Decker, Councillor Davis, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 06/08/09 (O-8)

09-76. Report from the City Manager:
RE: report on inspecting rooftop mechanicals on commercial buildings to ensure they are functioning properly and within the noise ordinance.
Councillor Toomey and Full Membership 06/22/09 (O-5)

09-93. Report from the City Manager:
RE: report on policy surrounding smoking in outdoor seating areas.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Vice Mayor Seidel, Mayor Simmons & Councillor Ward 07/27/09 (O-10)

09-108. Report from the City Manager:
RE: report on what steps can be taken to implement a 311 system.
Councillor Decker and Full Membership 09/14/09 (O-18)

09-123. Report from the City Manager:
RE: report on traffic safety measures at the intersection of Fresh Pond Parkway and Mt. Auburn Street.
Vice Mayor Seidel and Full Membership 10/05/09 (O-20)

09-125. Report from the City Manager:
RE: report on developing an action plan for the Mayor’s Blue Ribbon Commission on Middle School Youth report.
Mayor Simmons, Vice Mayor Seidel and Full Membership 10/05/09 (O-23)

09-127. Report from the City Manager:
RE: report on seeking professional exterminators to more aggressively pinpoint and address the rodent problems.
Councillor Toomey and Full Membership 10/19/09 (O-9)

09-129. Report from the City Manager:  See Mgr #5
RE: report on both the status of wireless service at Newtowne Court and also a plan to ensure reliable wireless service in Cambridge.
Vice Mayor Seidel and Full Membership 10/19/09 (O-11)

09-130. Report from the City Manager:  See Mgr #8
RE: report on the feasibility of working with local organizations to implement a program in Cambridge similar to the "NYC Cool Roofs" program.
Vice Mayor Seidel and Full Membership 10/19/09 (O-13)

09-131. Report from the City Manager:  See Mgr #9
RE: report on progress in forming the Coordinating Council on Aging in Place.
Councillor Davis and Full Membership 10/26/09 (O-7)

09-132. Report from the City Manager:  See Mgr #7
RE: report on an update on the Blessed Sacrament Church construction project.
Councillor Decker and Full Membership 10/26/09 (O-10)

09-136. Report from the City Manager:
RE: report on details of damaged overhead wires on Windsor and Seckel Streets caused by recycling trucks and an explanation as to why residents would be expected to pay for damage caused.
Councillor Toomey and Full Membership 11/16/09 (O-11)

09-138. Report from the City Manager:
RE: report on CHA housing renovations using stimulus money.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 11/23/09 (O-1)

09-139. Report from the City Manager:  See Mgr #10
RE: report on impact the Cambridge Health Alliance budget cuts will have on the Victims of Violence program and the Community Crisis Response Team.
Councillor Decker and Full Membership 11/23/09 (O-2)

09-140. Report from the City Manager:
RE: report on reduction of play groups and change in age eligibility for play groups from the Center for Families.
Councillor Decker and Full Membership 11/23/09 (O-3)

09-141. Report from the City Manager:  See Mgr #12
RE: report on possibility of a system similar to Fast Lane that could be operated to pay for parking at municipal garages.
Councillor Toomey, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons & Councillor Ward 12/07/09 (O-1)

09-142. Report from the City Manager:
RE: report on ways of making the eastbound merge of Route 2 and Route 16 less challenging.
Councillor Kelley, Councillor Davis, Councillor Decker, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-6)

09-143. Report from the City Manager:  See Mgr #6
RE: report on why exercise facilities for seniors at the YMCA are limited.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-7)

09-144. Report from the City Manager:
RE: report on making modifying the City website and streamline videos to accommodate Mac users.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-8)

09-145. Report from the City Manager:  See Mgr #14
RE: report on whether or not Aggregate Industries is providing concrete to any City construction or sidewalk projects.
Councillor Decker, Councillor Davis, Councillor Kelley, Councillor Maher, Councillor Reeves, Mayor Simmons, Councillor Toomey & Councillor Ward 12/07/09 (O-9)

09-146. Report from the City Manager:
RE: report on construction noise in the Lakeview Avenue area.
Councillor Maher, Councillor Decker, Councillor Kelley, Councillor Reeves, Vice Mayor Seidel, Mayor Simmons, Councillor Toomey & Councillor Ward 12/14/09 (O-1)

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