CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 18, 2008

Council Chamber

Convened: 7:13 P.M.

Adjourned: 10:07 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE.

Granting permission to NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE.

PRESENTATION OF THE CITY MANAGER - PROPERTY ANALYSIS SYSTEM

Nancy Jeppson et al request to expand Massachusetts Avenue Local Historic District to include 231, 251, 253, 267, 271, 285, 295, 299, 301 & 303 Salisbury St., 2, 4, 10, 12, 16, 3 & 13 Rutland Terrace, 3, 5, 7, 15, 2, 4, 10, 12 & 16 Military Rd, 3, 7, 11 & 6 Academy St., 3, 5, 9, 15, 4, 6, 8 & 10 Burgess Rd., 1, 3, 5, 9, 17, 19, 21, 23, 25, 29, 33, 37, 43, 39, 14, 40 & 44 Metcalf St. and 64 & 68 Beechmont St.

John Andrukonis request to install a catch basin or other means of controlling water runoff from property owned by Worcester School Department and Assumption College in the rear of 15 Hapgood Rd.

Dennis Molinari request sidewalk repair in front of 41 Clifton St. and along the side of 41 Clifton St. known as 16 Charlotte St.

Councilor Philip P. Palmieri request the sidewalk in the south side of Melrose St. from Frothingham Rd to Lincoln St. be resurfaced.

Phyllis O'Malley request to remove handicap parking sign in front of 1 Plantation St.

Ailyn & Jesus Ozuna request to remove handicap parking sign in front of 5 Uxbridge St.

Councilor Kathleen M. Toomey on behalf of Edith Morgan request a crosswalk be installed in Lincoln St. from the Adams Square Baptist Church on the westerly side of Lincoln St. at the corner of Gilman St. to the municipal parking lot on the easterly side.

William Coleman request to speak before City Council concerning a comprehensive plan, with a funding source, to open the Library's Main Branch for twenty Mondays.

Transmitting Informational Communication Relative to a Constable Appointment for the Calendar Year January through December 2008.

Transmitting Informational Communication Regarding Outsourcing Workers' Compensation.
Refer to CCM Item 9.35C

Transmitting Informational Communication Regarding the Top 250 Wage Earners in the City.

Recommend Adoption of a Resolution to File and Accept a Commonwealth of Massachusetts Department of Industrial Accidents Occupational Health and Safety Educational and Training Program Grant.

Transmitting Informational Communication Regarding the Administation of the Family Medical Leave Act.

Transmitting Informational Communication Regarding the Progress to Date with the Neighborhood Revitalization Strategy Area Program (NRSA).

Transmitting Informational Communication Relative to Congressman McGovern's Support for an Increase in the City's Community Development Block Grant (CDBG) Funds.

Transmitting Informational Communication Relative to the Keep Worcester Clean Report for the Month of January 2008.

Recommend Adoption of the Attached Order to Transfer the Ownership and Authorize the Disposition of 3 Sterling Street.

Transmitting Informational Communication Relative to the Second Public Hearing Scheduled for March 19, 2008 to Discuss the Design and Placement of a New Playground at Cristoforo Columbo (East) Park.

Recommend City Council Adoption of a Resolution to File and Accept a Donation of $1,200.00 from Victory in Christ South Foursquare Church.

Recommend that City Council Accept with Gratitude, a Donation of $1,000.00 from the Civil War Round Table (CWRT).

Recommend that City Council Accept with Gratitude, a Donation of $25,000.00 from Women Together for Winslow Park.

Transmitting Informational Communication Relative to the Second Public Hearing Scheduled for March 26, 2008 to Discuss the Bear Brook Day Lighting/Restoration Plan.

Recommend Adoption of a Resolution to File and Accept a Commonwealth of Massachusetts Executive Office of Public Safety 2008 Statewide Bicycle, Roller Blade, Skateboard and/or Scooter Helmet Grant.

Transmitting Informational Communication Relative to the Number of Traffic Fatalities in the City for the Past Five Years.

Recommend Adoption of Three Resolutions to File and Accept Annual Grants for the Support and Provision of Elder Services.

Recommend that City Council Accept with Gratitude, a Donation from the Friends of Worcester's Senior Center, Inc.

Transmitting Informational Communication Relative to the Latest Efforts to Address the Population of Geese in Various Areas throughout the City.

Transmitting Informational Communication Relative to the City's Community Immunity Day.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Return of the Public Health Clinic to 25 Meade Street and Recommend City Council Accept with Gratitude a Donation of Medical Services from Dr. John A. Duggan.

Transmitting Informational Communication Relative to a Modification to the Proposed Adult Entertainment Zoning Ordinance.

Recommend that One Hundred Seventy Five Thousand Dollars And No Cents ($175,000.00) be transferred from Loan Account # 91C793, Golf Improvements, and be appropriated to Golf Account # 71C702, Green Hill Golf Improvements, for Clubhouse Upgrades, as approved in the Capital Improvement Program.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C709, for the Rockwood Field project, as approved in the Capital Improvement Program.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C732, Water Building Rehabilitation, and be appropriated to Water Account #45C704, Water Building Rehabilitation to provide funding for pending invoices and anticipated obligations for the rehabilitation of the Water Enterprise buildings.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C702, Parks Improvements, for the Cookson Field Project, as approved in the Capital Improvement Program.

Recommend that Four Hundred Ninety Five Thousand Eight Hundred Forty Four Dollars And No Cents ($495,844.00) be transferred from Account #91C711, Citywide Building Rehabilitation , and be appropriated to Account #68C702, Technical Services Building Rehabilitation, to pay for expenses related to the relocation of Technical Services .

Recommend that Seventy Five Thousand Six Hundred Six Dollars And Fifty Cents ($75,606.50) be transferred from various accounts so as to provide sufficient funding for the Off-Street Parking Program for the third and fourth Quarters of Fiscal Year 2008.

Recommend that Thirty One Thousand Seven Hundred Twenty One Dollars And Sixty Seven Cents ($31,721.67) be transferred from the Account # 330-07, Damage Repair, and be appropriated to Account # 250-92000, Police Ordinary Maintenance, to reimburse the department for insurance settlements on damage to police department vehicles.

Recommend that Twenty Six Thousand One Hundred Fifty Two Dollars And Forty One Cents($26,152.41) be transferred from Account # 170-91000, Human Resources Personal Services, and be appropriated to Account # 171-96000, Workers Compensation Ordinary Maintenance, to fund administrative costs from April 1, 2008 to June 30, 2008.
Refer to CCM Item 9.6A

Recommend that Twenty Two Thousand One Hundred Forty Seven Dollars And Forty Eight Cents ($22,147.48) be transferred from Account # 150-91000, Election Commission Personal Services, and be appropriated to Account # 100-91000, City Clerk Personal Services, to properly account for the reorganization of the City Clerk and Election Commission in Fiscal Year 2008. Furthermore, I respectfully request that Thirty Five Thousand Two Hundred Eighty Five Dollars And No Cents ($35,285.00) be transferred from Account # 670-91000, Assessing Personal Services, and be appropriated to various accounts to cover expenses associated with voter registration, elections and street listing operations in Fiscal Year 2008.

Transmitting Informational Communication Relative to the Disposition of the Historic Veteran's Plaques at the GAR Hall.

Transmitting Informational Communication relative to the March 3, 2008 Appellate Tax Board order regarding the Telecom Loophole.

David J. Rushford, City Clerk, transmitting communication relative to a periodic review and adjustments of fees and charges levied for services provided by the staff of the City Clerk's Department.

James A. DelSignore, City Auditor, transmitting communication relative to the February 2008 Auditor's Report.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 15B Everard St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 40 Duxbury Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 27 Perry Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 180 Fairmont Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking opposite 10 Agawam St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 3 Dartmouth St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 250 Commercial St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 53 Chilmark St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 9 Wilson St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 3 Plane St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 43 Cutler St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for One Hour Parking on the south side of Gilman St. from Lincoln St. to the driveway of Adams Square Baptist Church.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to Prohibit Parking on both sides of Sigel St. from Quinsigamond Ave. to the westerly property line of 45 Sigel St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking Anytime in front of 65 Gates St.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 1996 providing for Stop Sign on Eustis St. at Darrow St. faces westbound traffic on Eustis St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking Anytime in front of 89 Shrewsbury St. and in said place install One Hour Parking 8:00 a.m. to 4:00 p.m.

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager investigate the feasibility of a system for multi-family property registration and inspection similar to the program in force and effect in Baltimore, MD. (Tabled - Lukes February 26, 2008)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Cynthia Willis et al request the conversion of the private section of Arline St. into a public street: recommend adoption of the accompanying Order with the condition that Arline St. be dead-ended at Snyder Court. (Tabled - Clancy March 11, 2008)

Motion Lukes @ #9.17B - That the City Council of the City of Worcester on behalf of Norman & Mary Ross request the City Council's Standing Committee on Traffic & Parking consider installing speed bumps or flashing yellow lights or elderly crossing signs in the vicinity of the crosswalk at 1050 Main St. to prevent future pedestrian accidents and fatalities.

Motion Rushton @ #9.17B CM - Request City Manager request the Police Chief develop a program to enforce violations at pedestrian crosswalks and publicize this program to inform the public that the city will not tolerate drivers violating traffic regulations at pedestrian crosswalks.

Motion Germain @ #9.17B CM - Request City Manager consider having a hearing to get information from residents of Worcester from all neighborhoods, to determine issues regarding traversing the city.

Motion Clancy @ #9.17B - Request City Manager provide City Council with a report on the details of pedestrian accident involving the mother of Mary Ross in front of 1050 Main Street in October of 2007.

Motion Clancy @ #9.17B - Request City Manager provide City Council with an update regarding the home rule petition concerning traffic surveillance cameras.

Motion Petty to amend: Further, request City Manager provide an update of the state's legislation for traffic surveillance cameras and where it is in the legislative process and further, request City Manager bring this matter up at his next meeting with our state delegation.

Motion Clancy @ #9.6B CM - Request City Manager provide City Council with an explanation of retroactive pay as it appears in the list of the top 250 wage earners.

Motion Rushton @ #9.6B CM - Request City Manager provide City Council with a list of the 2007 wage earners for all employees on both the city and school sides.

Motion Petty to amend Councilor Rushton's Motion to read: list of 2007 salaries excluding overtime, pay detail, etc. for all employees on both the city and school sides and to exclude identifiers of employees.

Motion Haller @ #9.6B CM - Request City Manager report as to how many of the Executive Management wage earners are subject to the residency rule and how many are not in compliance therewith. Further, request report include how many of all the city's wage earners are Worcester residents.

Motion Smith @ #9.9B CM - Request City Manager provide City Council with a report regarding how CDBG monies have been spent by each Council District for the past five years. Further, request City Manager request City Solicitor provide a legal opinion concerning whether equitable funds can be distributed across each district.

Motion Haller @ #9.12A CM - Request City Manager provide City Council with the schedule for the Street Sweeping Program.

Motion Lukes @ #9.35D CM - Request City Manager provide City Council with a report indicating the costs of the Election Commission prior to the merger with the City Clerk's Department and now since this merger.

COMMUNICATION - David J. Rushford, City Clerk, transmitting communication relative to teen birth rates.

Motion Rushton - Under Suspension of Rules - Request City Manager provide City Council with a list of the top ten city web pages visited over the past year.

PETITION - Councilor Joseph M. Petty request sidewalk repair in front of 30 Barry Rd.