CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 23, 2008

Council Chamber

Convened: 7:05 P.M.

Adjourned: 9:10 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - MASSACHUSETTS ELECTRIC COMPANY for a pole location in: LINCOLN ST.

Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: LINCOLN ST.

Order of Councilor Paul P. Clancy, Jr., Councilor Philip P. Palmieri and Councilor Joffrey A. Smith - Request the City Council of the City of Worcester waive requirements for hearings and assessments of sidewalk reconstruction petitions for main arterial ways. (Tabled under privilege - Clancy September 9, 2008)

Order of Councilor Frederick C. Rushton - Suspension of Rules - Request the City Council of the City of Worcester adopt a resolution for going on the record in opposition to Question 1 ballot question that will rollback the state income tax. (Tabled - September 9, 2008)

Mayor Lukes recognized and welcomed a Delegation from Kaluga, Russia

Mayor Lukes read a proclamation proclaiming September 2008 as Infant Mortality Awareness month. Councilor Rushton presented the proclamation to Dr. Marianne Felice, who addressed the City Council.

Mary Lee O'Leary request to remove tree stump and replace the tree in front of 355 Lincoln St. which was recently removed due to a recent storm.

John Desrosiers request to make Chicopee St. public.

Dennis Dean, Meolo Development Corp request to make public Goodharbor Drive.

Michael Joachim & Laura Devio request to make Danvers St. a public street.

Councilor Paul P. Clancy, Jr. on behalf of Debra Carmody request Aurilla St. be placed back on the Official City Map since the abutters were never notified.

Paul & Patricia Watson request abatement of street assessment in the amount of $3,000.00 for Sunderland Terrace.

Eleanor Antreassian request abatement of street assessment #24740 in the amount of $324.50 for Sunderland Terrace.

Yvonne & Gary Cohen request sidewalk replacement in front of 19 South Flagg St.

Vasiliki Jano request sidewalk repair in front of 7 Intervale Rd.

Jillian Ocasio request to construct sidewalks on both sides or at least the odd numbered side of Blackstone River Rd.

Renee & Brian North et al request private street maintenance in Phoenix St.

Jo-Anne & Robert Kane request sidewalk repair in front of 259 Beverly Rd.

Mary O'Leary request sidewalk repair in front of 355 Lincoln St.

Jonathan Stott request to connect 52 & 54 Evers St., Auburn, MA to the city's water service.

James Chabot request private street maintenance for Gensell Ave.

John Rinaldo request sidewalk repair in front of 15 Uxbridge St.

Attorney Nicholas Ellis on behalf of the Partners at Ellis Law Offices, LLP request sidewalk repair in front of 29-35 Pleasant St.

Barbara Grampeitro request abatement of street assessment #24721 in the amount of $8,000.00 for Maranda St.

Councilor William J. Eddy on behalf of John Fitzgibbons request sidewalk repair in front of 33 Radmore St.

Councilor William J. Eddy and Councilor Frederick C. Rushton request to repave Circuit Ave. South.

Councilor William J. Eddy and Councilor Frederick C. Rushton request to repave Circuit Ave. East.

Jennifer McGinty request two handicap parking spaces across the street from 24 Crown St.

Madeline Martin request handicap parking space in front of 25 Northboro St.

Sidney Dorfman et al request to install residential permit parking in west side of Humboldt Ave. at corner of Salisbury St. sufficient enough for 8 parking spaces in addition to existing 2 handicap parking spaces.

Sidney Dorfman request to install residential permit parking in east side of Humboldt Ave. at corner of Salisbury St. along frontage of 80 Salisbury St. and accessory parking lot.

Sidney Dorfman request to install two commercial parking spaces in east side of Humboldt Ave. north of driveway of 80 Salisbury St.

Lisa Lindquist request handicap parking space in front of 19 Ferdinand St.

Mark Douglas request handicap parking space in front of 11 Caroline St.

Councilor Philip P. Palmieri request to remove handicap parking sign in front of 15 Ellsmere St.

Mike Dinardo request enforcement of speed limits in Wrentham Rd. between the hours of 4:00 P.M. to 6:00 P.M., Monday thru Friday.

NSTAR for gas main in WHISPER DR.

MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for joint or identical pole location in BRATTLE ST.

Jessica Cecilia Bills, Property Manager of Federal Square Condominium Trust request a foot patrol office or satellite office at 531 Main St.

Ralph Brunelle request City Council to accept Chapter 157 of the Acts of 2005 relative to Disability Retirement Benefits for Veterans.

Transmitting Informational Communication Relative to the Appointment of Stephen Greenberg and the Reappointments of John Goldsberry, Nicholas Kaltsas, Katherine O'Dell and Elizabeth White to the Elder Affairs Commission.

Transmitting Informational Communication Relative to Health Insurance Negotiations with Local 495.

Recommend Adoption of a Resolution to File and Accept an $80,000 Section 203 Planning Assistance Grant from the U.S. Department of Commerce Economic Development Administration.

Transmitting Informational Communication Relative to an Update on the Progress of the Worcester Blackstone Visitor Center.

Transmitting Informational Communication Relative to an Update on Public, Education, and Government Access Television Funding.

Transmitting Informational Communication Relative to a Reduction of Sanitation Routes.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of July 2008.

Transmitting Informational Communication Relative to the Providence Street Fire Station.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Worcester Police Department Instituting a Fall Impact Initiative.

Transmitting Informational Communication Relative to Penalties for Non-Compliance with the City's Animal Control Ordinance, Including the Leash Law.

Recommend City Council's Adoption of an Order to Authorize the Lease of Space at the Worcester Senior Center to the Catholic Charities' Senior Employment Program.

Recommend City Council's Adoption of an Order to Authorize the Lease of Space at the Worcester Senior Center to the Central Massachusetts Chapter of the Alzheimer's Association.

Transmitting Informational Communication Relative to Emergency Preparedness Month.

Transmitting Informational Communication Relative to MRSA Education in the Worcester Public School System.

Transmitting Informational Communication Relative to the Voluntary Certification in CPR and AED for all Senior Students in the Worcester Public Schools' Class of 2009.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Retirement of Head Librarian Penelope B. Johnson

Transmitting Informational Communication Relative to a Legal Opinion on whether Public Hearings are Required for the Repair of City Sidewalks.

Transmitting Informational Communication Relative to the Number of Elderly Property Owners who Receive Real Estate Property Tax Abatements and those who Receive the Lifeline Abatement on their Water and Sewer Billing.

Transmitting Informational Communication Relative to Updated Bond Ratings and Ratings Reports.

Recommend that City Council Accept with Gratitude a Donation of Twelve Thousand Dollars And No Cents ($12,000.00) in Supplemental Environmental Project (SEP) Funds from Clark University and the Department of Environmental Protection (DEP) to Support a GIS Analyst Position to Assist with the City's Brownfield’s Initiative.
Refer to CCM Item 10.39A

Transmitting Informational Communication Relative to the September 17, 2008 Tax Foreclosure Auction.

Recommend that Forty Two Thousand Nine Hundred Ninety Five Dollars And No Cents ($42,995.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #28C702, Inspectional Services Building Rehabilitation, to fund the replacement of the HVAC system at 25 Meade Street.

Recommend that One Million Dollars And No Cents ($1,000,000.00) be transferred from the following Loan Account ($450,000.00 from Account #91C711, and $550,000.00 from Account #91C727), and appropriated to DPW Account #41C726, Franklin Street Fire Station to allow for the payment of ongoing contractual obligations.

Recommend that Ninety One Thousand Two Hundred Eighty One Dollars And Thirty Four Cents ($91,281.34) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, to fund the purchase of various Fire Department equipment.

Recommend that Nine Hundred Thousand Dollars And No Cents ($900,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704, School Building Rehabilitation, to provide funding for various school improvements.

Recommend that One Hundred Eight Thousand Nine Hundred Forty Seven Dollars And No Cents ($108,947.00) be transferred from Account # 91C797, Airport Infrastructure Improvements, and be appropriated to Account # 47C706, Airport Infrastructure, for the purpose of addressing Environmental Remediation issues and Engineering associated with Airport Security.

Recommend Approval to Amend the Table of Organization for the Administration and Finance Division of Technical Services to Include the Position of GIS Analyst.
Further, Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be Re-appropriated to Account #680-91000, Technical Services Personal Services, to Partially Fund the Position of GIS Analyst.
Refer to CCM Item 10.35A

Recommend that Three Hundred Fifty Five Dollars And No Cents ($355.00) be authorized from Fiscal Year 2009 Airport Ordinary Maintenance Account # 470-92000 to provide funding for a prior year invoice.

Recommend that Five Thousand Eight Hundred Eighty Six Dollars And Twenty Five Cents ($5,886.25) in Account #250-92000, Police Ordinary Maintenance, be authorized to pay prior fiscal year invoices.

Transmitting Informational Communication Relative to a Citywide Open House in Partnership with the Worcester Regional Association of Realtors.

Transmitting Informational Communication Regarding the Asian Longhorned Beetle Eradication Effort.

Transmitting Informational Communication Relative to the Renovation of the Levi Lincoln, Jr. Chamber and the Opening of ADA-accessible Restrooms on the Third Floor of City Hall.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Impact of Ballot Question 1.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 4 Clara St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 61 Seymour St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking at 597 Millbury St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking opposite 16 Channing St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 27 Shamrock St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Handicap Parking in front of 141 Cambridge St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking on Walpole St. adjacent to 106 Southgate St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking in front of 66 James St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install 15 minute parking 11:00 a.m. to 1:00 a.m. in front of 84 and 84A and 84B West Boylston St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind 30 minute parking in front of 409 Shrewsbury St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install two hour parking 8:00 a.m. to 6:00 p.m. Monday to Saturday in front of 187 Washington St.

Amend Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Prouty Lane one way in a westerly direction from Assabet Lane to Bailey St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind No Parking Anytime on the south side of May St.

Amend Section 71 of Chapter 13 of the Revised Ordinances of 2008 to install right lane must turn right for eastbound traffic on May St. at Park Ave.

Ordinance - Recommend City Council Adopt an Ordinance to Allow the Cultural Development Officer to Receive a Stipend in Fiscal Year 2009 from the Worcester Cultural Coalition. (Tabled - Lukes August 12, 2008)

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)

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

Motion Clancy @ #6a CC & #10.41D CM - Request City Manager provide City Council with a list of municipal services that would be eliminated or impacted if ballot Question 1 were to pass. Further, request the School Administration inform City Council of how a 40% funding reduction over two years could impact the city's educational system.

Motion Toomey @ #6a CC & #10.41D CM - That the City Council of the City of Worcester hereby requests the School Committee to join in a letter of support for opposition to ballot Question 1.

RESOLUTION @ #6a CC - That the City Council of the City of Worcester hereby goes on record in opposition to ballot Question 1 that would reduce the state personal income tax rate. (Clancy, Eddy, Germain, Haller, Palmieri, Rosen, Rushton, Smith, Toomey, Lukes)

Motion Rosen @ #9ee CC - That the City Council of the City of Worcester hereby reschedules it's September 30, 2008 City Council meeting to October 1, 2008 at 7:00 P.M.

Motion Clancy @ #10.4A CM - That the City Council of the City of Worcester hereby schedules an Executive Session with City Manager for Wednesday, October 1, 2008 City Council meeting for the purpose of discussing health insurance negotiations with Local 495.

Motion Rosen to amend: Further, request City Council to recess to Executive Session prior to the commencement of City Council's regular session.

Motion Clancy @ #10.4A CM - Request City Manager provide City Council with the total cost savings to the city that were incurred as a result of the health insurance deductible for hospitalization and deductible for day surgery.

Motion Rushton @ #10.14A CM - Request City Manager and City Auditor provide City Council with a report outlining the impact a 3 to 4% of “9c” cuts will have on the budget FY 2009 for the remainder of the year.

Motion Toomey @ #10.16A CM - Request City Manager, as a means to improve response time to fires, provide City Council with a report concerning the possible collaboration with train services to slow down at McKeon Rd and possible implementation of technology for changing lights for approaching fire trucks.

Motion Haller @ #10.32A CM - Request City Manager provide City Council with a report concerning the number of residents who are eligible for real estate property tax abatements and lifeline abatements on water and sewer bills.

Motion Lukes @ #10.36A CM - Request City Manager provide City Council with a list of successful bidders at the September 17, 2008 Tax Foreclosure Auction.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and congratulate the organizers and volunteers of stART on the Street Festival for the great work and success of their event held on September 21st at Park Avenue which featured artists, crafters and performers; it has grown into a cultural icon for the City of Worcester. (Rushton)