CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 21, 2008

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 8:55 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

LIGHT TOWER FIBER, LLC requesting conduit location in: PROVIDENCE STREET

Granting permission to LIGHT TOWER FIBER, LLC for conduit location in: PROVIDENCE STREET

The Mayor read a proclamation proclaiming October 2008 as Breast Cancer Awareness Month in Worcester. Proclamation was presented by Councilor Rosen to Melinda Miffit who addressed City Council.

George Markey et al request sidewalk repair on Dutton St.

Gary Mero on behalf of Park Plaza Apartments request brick sidewalk on Franklin St. be repaired to prevent rain from coming into the basement of White Hen Pantry.

Councilor Paul P. Clancy Jr. on behalf of Frankie Bonds request sidewalk repair at 40 Belmont St.

Luz Lopez on behalf of Whitter Crown Hill LP request sidewalks on Oxford St. be repaired.

Eva & Arthur Czapla request sidewalk repair in front of 119 Brookline St.

Gordon Hargrove on behalf of Friendly House, Inc. request removal of the No Parking signs in front of 36 Wall St.

Halina Magerowski request handicap parking be removed in front of 45 Fox St.

Christina Russin request crosswalks at Washington Heights, Outlook & Williamsberg Dr. be painted.

Christina Russin request the speed limit at Washington Heights be posted at a reduced speed.

Transmitting Informational Communication Relative to Local 495 Members' Health Benefits.

Request Approval of Salary Ordinance for Snow Inspector and Snow Supervisor Rates for the 2008/2009 Winter Season.

Transmitting Informational Communication Relative to an Update on the Grant for the Neighborhood Stabilization Program.

Recommend Adoption of a Resolution to File and Accept a $75,000 Gateway Plus Action Grant from the Commonwealth of Massachusetts' Department of Housing and Community Development.

Recommend Adoption of Resolutions Authorizing the City to Apply for a Continuation of Funding under the HUD McKinney Homeless Assistance Program and the Commonwealth of Massachusetts' Department of Children and Families Worcester Community Connections Program.

Transmitting Informational Communication Relative to Status Report #3 for the North High School Project.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Monthly Report for August 2008.

Transmitting Informational Communication Relative to the City's FY'09 Sidewalk Rehabilitation Program.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Three Hundred Dollars ($300.00) from the Massachusetts Interscholastic Athletic Association (M.I.A.A.) for the Maintenance of Rockwood Field.

Recommend Adoption of a Resolution to Accept with Gratitude, a Donation of Three Thousand Six Hundred Dollars ($3, 600.00) from Victory in Christ Worcester South Foursquare Church.

Recommend City Council's Adoption of a Resolution to File and Accept a Massachusetts Executive Office of Public Safety and Security, Highway Safety Division, FFY 2009 Underage Alcohol Enforcement Grant.

Transmitting Information Communication Relative to Ongoing Efforts to Stabilize our Neighborhoods.

Transmitting Informational Communication Relative to an Upcoming Event Sponsored by the Human Rights Commission "A Brighter Future: Opening our Hearts to our Neighbors" on Monday, November 17, 2008 from 5:30 - 8:30 p.m. at Clark University, Honoring State Senator Edward Augustus in Commemoration of the 60th Anniversary of the Universal Declaration of Human Rights.

Recommend City Council's Adoption of an Order Approving of the Human Rights Commission to Solicit Pledges on behalf of City Resident, Jaime Flores who will Run in the 2009 Boston Marathon and Donate his Pledges to the City's Human Rights Commission for Programming Purposes.

Recommend Adoption of a Resolution to File and Accept a Department of Housing and Community Development/ Interagency Council on Housing and Homelessness Grant.

Recommend City Council Accept with Gratitude a Donation in the Amount of Six Hundred and Eighteen Dollars ($618.00) to the Worcester Public Library's Talking Book Library from the Clarence S. Arms Family Fund through the Greater Worcester Community Foundation.

Transmitting Informational Communication Relative to the Open Meeting Law and E-Mail Correspondence and the Definition of Public Documents as Relates to E-Mail Correspondence Over the City's Internet Site.

Recommend Approval of a Petition to Abate Street Betterment #50047 in the Amount of Twelve Thousand Four Hundred Twenty Three Dollars And Thirty Eight Cents ($12,423.38).

Recommend Adoption of an Order for the Transfer of Jurisdiction of the Foreclosed Tax Title Properties located at 28, 32 and 36 Vincent Circle from the Tax Title Custodian to the Conservation Commission.

Recommend City Council's Adoption of an Order to Transfer Jurisdiction of the Foreclosed Property at 76 Dawson Road to the Conservation Commission.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current invoices and anticipated future obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C724, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and be appropriated to DPW Account #41C706, Coes Reservoir Dam, to allow for the processing and anticipated payments associated with engineering services at this location.

Recommend that Six Hundred Sixty Seven Thousand Three Hundred Ninety Dollars And Fifty Cents ($667,390.50) be transferred to and from various accounts to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2009

Transmitting Informational Communication Relative to the Ribbon Cutting Ceremony for Cookson Park.

Transmitting Informational Communication Relative to the City Budget

Transmitting Informational Communication Relative to the Buy Worcester Now Program

REPORT OF THE PLANNING BOARD Upon the Petition of 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.

REPORT OF THE PLANNING BOARD Upon the Petition of Donna Saucier et al request to make public Parkton Ave.

REPORT OF THE PLANNING BOARD Upon the Petition of Claire Baker request to make public Eames Rd.

REPORT OF THE PLANNING BOARD Upon the Petition of Dawn Clark request to make public Rodby St.

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)

Order of Councilor Michael J. Germain - Request City Manager consult with the Worcester Sharks regarding the possible management and redevelopment of the Charles Buffone Arena Ice Skating Rink on Lake Ave. (Tabled - Palmieri October 1, 2008)

Motion Lukes @ #8.32A CM - Request City Manager forward a copy of City Manager's item #8.32A from the Oct 21, 2008 City Council calendar to the Worcester School Committee.

Motion Clancy @ #8.32A CM - Request City Council's Standing Committee on Rules and Legislative Affairs include a reference for a quorum of Standing Committee members when considering any rules changes relative to the City Solicitor's report concerning the ramifications of e-mail correspondence involving a quorum of the City Council members and the requirements of Open Meeting Laws.

Motion Germain @ #8.42B CM - That the City Council of the City of Worcester hereby accept and adopt Section 19 of the Massachusetts General Laws Chapter 32B, allowing for coalition bargaining for health benefits in the City of Worcester.

Motion Haller @ #8.42B CM - Request City Manager to carefully look in the existing budget for funds to keep intact the Targeted Saturation Patrols, Green Island Foot Patrols, Vice Prostitution Stings and Gang Saturation Patrols and find a way to keep these public safety programs alive in some manner.

Motion Rushton @ #8.42B CM - Request City Manger provide City Council with year by year analysis of potential savings that compared the GIC's and the city's premium returns.

Motion Petty @ #8.42B CM - Request City Manager provide a report to City Council concerning the staffing of the various Neighborhood Watch groups across the city during the remainder of FY 09.

Motion Rushton @ #8.42B CM - Request City Manager provide City Council with a report breaking down the potential GIC cost savings using the present health care contribution structure of current employees and that of a 75/25 contribution structure for retirees and new employees.

Motion Clancy @ #8.42B CM - Request City Manager provide City Council with a response to a previous request for the breakdown ratio for city employees as they are currently enrolled as a means to determine what the public employment committee would look like under Section 19, Chapter 32B of MGL.

Motion Germain @ #8.42C CM - Request City Manager provide City Council with a report concerning the problem of charging for turning on water in a shut off situation so that a foreclosed property may be viewed for potential sale and recommend a solution.

Motion Haller @ #8.42C CM - Request City Manager provide City Council with periodic report concerning the number of abandoned properties within the city.

Motion Petty on behalf of the entire City Council - Under Suspension of Rules - Request City Manager and the Police Chief collaborate with the District Attorney to develop an amendment to the Revised Ordinances of the City of Worcester to prohibit the possession of certain knives and weapons known to be used in criminal activities and to cause bodily harm.

RESOLUTION - Under Suspension of Rules - That the City Council of the City of Worcester hereby goes on record in support of Young Park coming to Worcester to meet with the City Council's Standing Committee on Economic Development to learn how competitive he intends to be with CitySquare. (Clancy)

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and thanks Babcock Power Company of Worcester for their most recent extraordinarily generous donation of equipment, supplies and miscellaneous items and furniture valued in the amount of $205,956.47 being used to benefit the Set-For-Success Program in collaboration with Friendly House which enabled sheltered children and public schools to acquire and use quality supplies and equipment which otherwise would not be afforded by local shelters and schools. (Toomey)

Motion Toomey - Under Suspension of Rules - Request City Manager provide City Council with a report that outlines the RFP process.