CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 28, 2008

Esther Howland Chamber

Convened: 7:20 P.M.

Adjourned: 8:35 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

RESOLUTION of Councilor Kathleen M. Toomey - 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.

Communication of the City Manager transmitting the City's current revenue and expenditures through the first quarter of Fiscal Year 2009.

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

#12b CC February 26, 2008 Order of Councilor Paul P. Clancy, Jr. and Mayor Konstantina B. Lukes requesting City Council's Standing Committee on Finance meet with a representative from Sullivan & Rogers, LLC for an exit interview on latest audits.

#9a CC September 9, 2008
Communication of the City Auditor transmitting the July 2008 Auditor's Report.

#10.32A CM September 23, 2008 Communication of the City Manager 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.

#10.33A CM September 23, 2008
Communication of the City Manager transmitting informational communication relative to updated Bond Ratings and Ratings Reports.

#13a CC October 1, 2008
Communication of the City Auditor transmitting communication relative to August 2008 Auditor's Report.

#8.42B CC October 7, 2008
Communication of the City Manager requesting City Council's review, consideration and approval of a plan to pursue the long-term leasing of public assets.

#10a CC October 14, 2008
Communication of the City Auditor transmitting communication relative to State Certification of Free Cash.

James Spahiu request removal of a tree in front of 3 Arlington St.

Nancy & William Donahue request a zone change at 7 Holt Ave. from RS-7 to BG-3.

Attorney Joe Boynton request to extend the IN-H zone to encompass all of the parcel at 15 Rockport Rd. The said premise is currently zoned both IN-H and RG-5.

Councilor Paul P. Clancy, Jr. on behalf of Ronald Pilski request street light on pole #8 at the corner of Arbutus St. and Stoneham Rd.

Kathy & Emile Blanchard request private street maintenance for private portion of Derby St.

Douglas Cutler et al request to replace the sidewalk on the south side of Elm St., across from Elm Park, between Russell St. and Hudson St.

Leonard Kraus request resurfacing entire length of Wrentham Rd.

Leonard Kraus request to resurface entire length of Walter St.

Leonard Kraus request to resurface Paradox Dr. from Beaconsfield Rd. to Wrentham Rd.

Margaret Paradis request handicap parking in front of 5 Benefit Terrace.

Paul Sharon on behalf of Wood4Good, Inc. request to remove No Parking on east side of Crescent St. to allow residents to park.

Gordon Davis on behalf of Worcester PeaceWorks request the City Council of the City of Worcester to go on record in favor of immediate cessation of hostilities and the withdrawal of US military from Iraq which would result in a relief of the tax burden placed on the City's Veterans Affairs Office.

Transmitting the September 2008 Auditor's Report.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager provide a report concerning the financial ramification if the Family Medical Leave Act were administered consecutively versus concurrently.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager provide a report concerning how many city employees have requested Family Medical Leave as well as how many city employees were placed on Family Medical Leave by the administration.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request School Administration provide a report concerning the number of school employees who have requested Family Medical Leave.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request City Solicitor provide the reasons City Council could or would not be able to go on record in favor of a petition requesting immediate cessation of hostilities and the withdrawal of US military from Iraq.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide all Cable TV Advisory Committee Reports to the City Council quarterly for review and recommendations.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager negotiate with Cable TV Channels 11, 12 and 13 to form working partnerships leveraging each other to enhance services among all public, education and government stations.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide a report to City Council concerning the financial breakdown of the $1.7 M funding including a breakdown of the funding paid into the city for all public, education and government access channels and overhead costs.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide a report to City Council containing the goals provided by the City Administration to the Cable TV Advisory Committee for review and recommendations.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide a five year contract to WCCA TV 13 with 55% funding to provide multi-year stability to WCCA TV 13.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide a report to City Council identifying each budget of the Government Channels 11, 12 and 13.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide City Council a copy of the report presented to the Cable TV Advisory Committee containing the proposed funding plans for the Government Station to purchase a sport utility vehicles for the Cable TV Division.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager and the Economic Development Office provide City Council with overwhelming evidence that provides the Standing Committee on Traffic and Parking substantial facts that economic development would be a net gain and public safety would be held in balance in making Millbury Street a two-way street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager explore the feasibility of installing a raised crosswalk at a location strategically recommended by the Traffic and Engineering Division in the vicinity of Flagg Street School.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager move the speed monitor from where it is currently located in Flagg St. to an area that would monitor speed more effectively.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief install speed enforcement at the Flagg Street area crosswalks and bus stops including Aylesbury Road, Brookshire Road, Richmond Avenue, and Flagg Street to Salisbury Street, in addition to the known problems on the narrow portion of Flagg Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief provide intermittent speed control enforcement over the course of an extended period of time on Flagg Street.

Request the Board of Election Commissioners consider establishing a polling location in a future year at the American Legion Post on Plantation Street. (Palmieri)

Request City Council support the petition pending before the Parks Commission requesting that the baseball diamond at Rockwood Field be named in honor of the late Kevin D. Lyons. (Germain, Palmieri, Eddy, Petty, Rosen, Toomey, Rushton)

Request City Manager request the Commissioner of Public Works and Parks review the intersection of Burncoat and Lincoln Street and recommend improvements to address the issue of pedestrian and vehicular safety, including additional signage, street painting and/or signalization. (Palmieri)

Request City Manager, Police Chief and/or the License Commission consider adding a voluntary or mandatory condition to alcohol licensing that would allow for proprietors to scan patrons with a wand in an effort to detect concealed knives and other weapons, all in the interest of improving safety in businesses across the City. (Palmieri, Clancy)

Request City Council's Standing Committee on Public Health and Human Services invite to an upcoming meeting the students from the HOPE Coalition, supported by the Central MA Adolescent Substance Abuse Coalition and the city's Department of Health & Human Services, through grant funds from the Office of the Attorney General, to make a presentation regarding their 2008 Alcohol Mapping Project. (Rosen)

Request City Manager provide City Council with information and statistics concerning whether or not underage and binge drinking are major problems in the City of Worcester and what strategies and steps, if any, our local colleges are taking to educate, prevent, and penalize their students from such dangerous activity. (Rosen)

Request City Manager partner with employers, labor unions, grant-funding, social service, environmental, and job training and placement agencies to establish many more green-collar jobs in landscaping, ecological restoration, green roof installation and hazardous waste cleanup, among other manual work jobs in fields that help the environment. Some cities have partnered with solar companies in establishing a Green Collar Job Corps that trains unemployed people in solar and green roof installation, green building practices and home weatherization, and trained others in landscaping, tree pruning, computer recycling and disposal of household chemicals such as motor oil and paints. All efforts are to strengthen the local economy, to move some people out of poverty, and to go green. (Rosen)

DECREE TO MAKE PUBLIC - ELEANOR DRIVE

DECREE TO MAKE PUBLIC - BJORKLUND AVENUE

DECREE TO MAKE PUBLIC - MEOLA AVENUE

DECREE TO MAKE PUBLIC - LAMBERT CIRCLE

DECREE TO MAKE PUBLIC: TRAVIS STREET

DECREE TO MAKE PUBLIC: ARBORWOOD DRIVE

SEWER BETTERMENT ASSESSMENT: DEEPDALE ROAD

Roberta Schaefer, President & CEO of the Worcester Regioinal Research Bureau transmitting: Downtown Worcester Office Occupancy: 2008 Survey.

Michael V. O'Brien, City Manager, transmitting communication requesting City Council's approval of an ordinance relative to the possession of knives.

Michael V. O'Brien, City Manager, transmitting communication relative to the 2008 Fall Leaf Collection Program.

Michael V. O'Brien, City Manager, transmitting communication requesting City Council to hold the Fiscal Year 2009 Tax Classification Hearing on Monday, November 18, 2008.

Michael V. O'Brien, City Manager, transmitting communication relative to his expectations regarding the amount of Free Cash to be certified as of July 1, 2008 as well as his recommendations for the appropriation of those funds.

Michael V. O'Brien, City Manager, transmitting communication requesting review, deliberation and adoption of amendments to Chapter Twelve, Snow Removal Ordinance and Chapter Fifteen, Fines and Penalties Ordinance.

Michael V. O'Brien, City Manager, transmitting communication advising City Council that the Superior Court has awarded the City $479,926.10 as damages for the defective construction of the City Hall Parking Garage and Plaza Deck in 2001.

That the City Council of the City of Worcester hereby recognizes the longstanding contributions of State Senator Edward M. Augustus. (Petty)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Gordon Davis on behalf of Worcester PeaceWorks request to seek payment in lieu of taxes from all Military Establishments including bases and recruiting offices through the Payment in Lieu of Taxes Program: recommend Petition be referred to the City Manager

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the Worcester Police Department 2007 Annual Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the Worcester Police Department instituting a Fall Impact Initiative: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to a report on the number of arrests, calls for disturbances and related public safety Incidents over the past year associated with La Raza Restaurant & Nightclub at 387 Cambridge Street: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to Impact Area VIII: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the number of shoplifting offenses in the past two years and the types of articles stolen and the type of store/establishment that was affected: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to an update on Public, Education, and Government Access Television Funding: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey Smith request that four-way stop signs be installed at the intersection of Amherst St., Vassar St. and Intervale Rd: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nila Lyubchik request to modify parking restrictions in vicinity of 661 Millbury St. to allow residents to park on the street: recommend adoption of the accompanying Order to restripe the street and create substandard travel lanes of 10.5 feet and a substandard onstreet parking area for six vehicles.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen O'Neil, Administrator of the WRTA, on behalf of David Pinkerton request bus stop sign be erected on the west and east sides of Plantation St. at 377 Plantation St: recommend adoption of the accompanying Order to install a bus stop in Plantation St. at the north access road to UMass Medical Center.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sidney Dorfman request to install two commercial parking spaces in east side of Humboldt Ave. north of driveway of 80 Salisbury St: recommend Petition be placed on file.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amend Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Reverse the Winter Parking Ban on Humboldt Avenue from Salisbury Street to Lancaster Street when declared.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind Two Handicap Parking Spaces on the West side of Humboldt Avenue for 80 Salisbury Street and post them on the East side of Humboldt Avenue on either side of the No Parking Zone adjacent to 80 Salisbury Street.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime in front of 661 Millbury St.

Order of Councilor Michael J. Germain - 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. (Tabled - Lukes October 21, 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)

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)

PETITION - Councilor Michael J. Germain on behalf of Nick Tarallo request two (2) handicap parking spaces in front of 265 Fairmont Ave.