CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 2, 2008

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 9:16 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Monthly Economic Development Initiatives Status Report

Monthly Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Cynthia Beaudoin request "Blind Person" advisory sign in front of 51 Gates St.

Cynthia Beaudoin request handicap parking in front of 51 Gates St.

Candice Carling request additional "No Parking" sign in front of 531 Chandler St.

Michael Cronin request a 3-way Stop Sign at the intersection of Sun Valley Dr. and Pine Tree Lane.

Notification of Appointment of Melvin Budish, Dorinda R. Ortiz, Ana I. Sequera, Jane W. Loranger, Nancy E. Kudzal, Steven M. Genduso, and Margaret A. Manoogian, and Reappointment of Allison Alaimo and George Valeri to the Citizen Advisory Council.

Notification of Reappointment of Paul Mondestin and Debra Mulvey-Rodriguez to the Community Development Advisory Committee.

Transmitting Informational Communication Relative to the City's Health Insurance Dependent Verification Process.

Transmitting Informational Communication Relative to the Economic Development Division's Comprehensive Marketing Program

Recommend Adoption of a Resolution to File and Accept Funding from the Commonwealth of Massachusetts Office of Travel and Tourism

Transmitting Informational Communication Relative to a Proposal to Relocate the US Bicycle Hall of Fame to the Worcester Blackstone Visitor Center.

Recommend Adoption of the Final North Main Economic Development Strategy.

Transmitting the Economic Development Report to Retain and Recruit Small Businesses.

Transmitting the Monthly Economic Development Initiatives Status Report - December 2008.

Recommend Adoption of the Attached Resolutions Relative to the Certified Project Application and Site Specific Economic Opportunity Area (EOA) Designation for 184 Main Street Associates, LLC for the Project at 184 Main Street.

Recommend Adoption of the Attached Resolutions Relative to the Certified Project Application and Site Specific Economic Opportunity Area (EOA) Designation for CAC Realty, LLC and Creedon and Company, Inc. for the Property at 39 Jolma Road.

Transmitting Informational Communication Relative to the Proposed CDBG Allocation Process Timetable, Year 35 (July 1, 2009 - June 30, 2010)

Recommend Adoption of a Massachusetts Historical Commission Survey and Planning Grant.

Transmitting Informational Communication Relative to the City of Worcester's Government Access Channel 12 Receiving First Place Honors by the Alliance For Community Media-Northeast Region in the 11th Annual Northeast Region Video Contest.

Transmitting Informational Communication Relative to the City's Winter Parking Ban - Public Outreach.

Transmitting Informational Communication Relative to a Status Report of the City's LAND Grant Applications for Moreland Woods #10 and Crow Hill Savannah #9.

Transmitting Informational Communication Relative to Thanksgiving Day Donations Collected and Delivered by the Department of Public Works and Parks Employees to Less Fortunate Families in the City.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Thousand Six Hundred and Twenty Dollars ($1,620.00) to the Junior Golf Program in Memory of Dan Rossetti from his Family and Friends.

Transmitting Informational Communication Relative to an Invitation to a Public Hearing on December 3, 2008 at 6:30 p.m. in the City Council Chamber to Discuss the Proposed Master Plan for the DCU Center.

Recommend Adoption of a Resolution to File and Accept an FFY08 Metropolitan Medical Response System (MMRS) Grant from the U.S. Department of Homeland Security through the Executive Office of Public Safety and Security.

Recommend Adoption of a Resolution to Accept with Gratitude a Bequest from the Estate of Louise Lillian Meltaus to the Worcester Public Library's Talking Book Library for the Blind and Physically Handicapped.

Recommend Adoption of an Ordinance Making a Technical Correction to Section Twelve of Chapter 14 of the Revised Ordinances of 2008.

Recommend Adoption of an Amendment to the City's Knife Ordinance.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C702, Park Site Improvements, for payments associated with the Vernon Hill Project.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Account #72C702, Park Site Improvements, for payments associated with the Oakland Heights Project.

Recommend that One Thousand One Hundred Dollars And No Cents ($1,100.00) be transferred from Account #150-91000, Election Commission Personal Services, and be appropriated to Account #150-92000, Election Commission Ordinary Maintenance, to provide funding for coffee and pastries to the 368 poll workers on the day of the Presidential election, November 4, 2008.

Recommend that Twelve Thousand Dollars And No Cents ($12,000.00) be transferred from Account #330-91000, Public Health Personal Services, and be appropriated to Account #330-92000, Public Health Ordinary Maintenance, to pay for consultant expenses associated with the Regional Network Innovations to End Homelessness grant.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Account #14S47433, Neighborhood Revitalization Strategy Area, and be appropriated to Account #14S43233, Main South NRSA, to fund the 93 Grand Street Redevelopment.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C784, Parks Improvements, and be appropriated to Parks Account #72C704, Bear Brook Rehabilitation, to fund ongoing construction.

Recommend that One Thousand Five Hundred Fifty Dollars And No Cents ($1,550.00) be transferred from Account #660-92000, Treasury Ordinary Maintenance, and be appropriated to Account #660-93000, Treasury Capital Outlay, to provide funding for the payment of a replacement printer.

Recommend that Six Thousand Eight Hundred Eighty Eight Dollars And No Cents ($6,888.00) be transferred from Account #330-07, Damage Settlement, and be appropriated to Parks Account #72C702,Beaver Brook, for repairs made to the property that was damaged by vandalism on September 29, 2006.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #330-07, Damage Settlement, and appropriated to DPW Account #410203, Signal Maintenance O.M., to allow for the purchase of this much needed traffic signal equipment to replenish out inventory.

Recommend that Fifteen Thousand Two Hundred Fifty Dollars And No Cents ($15,250.00) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to fund the costs associated with the issuance of the Bond Anticipation Note rollover dated November 7, 2008.

Recommend City Council Approval of Revolving Funds for Certain City Accounts

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Account #900-91000, City Manager's Contingency, and be appropriated to Account #121-92000, Court Judgments, to provide funding for the remainder of Fiscal Year 2009.

Recommend that One Thousand Four Hundred Fifty Eight Dollars And No Cents ($1,458.00) be transferred from Account #120-92000, Law Department Ordinary Maintenance, and be appropriated to Account #120-93000, Law Department Capital Outlay, to provide funding for the purchase of a replacement laptop computer.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from multiple CDBG Code Enforcement accounts and be appropriated to multiple Youth Center Computer Equipment accounts to provide funding for computer and related recording studio equipment for the Worcester Youth Center.

Transmitting Informational Communication Relative to Ongoing Renovations in City Hall

Transmitting Informational Communication Relative to the Eighth Annual Caffrey Award.

Joseph E. Connarton, Executive Director of PERAC, furnishing required appropriation for Fiscal Year 2010 Retirement System.

Order of Councilor Frederick C. Rushton - Request City Manager request the City Solicitor to report to City Council what basis the City is using to delay the public records request by the Worcester Telegram in light of the Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003) ruling whereby the Supreme Judicial Court ruled public records must be released for inspection and copying without unreasonable delay, that is, within ten days of the receipt of a request for them. (Tabled - Haller November 25, 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)

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)

Motion Toomey @ #9.5E & 9.5F CM - Request City Manager provide City Council with an update relative to parking activity levels at the Union Station garage.

Motion Clancy @ #9.5E & 9.5F CM - Request City Manager add the Worcester Crossing project to the Monthly Economic Development communication as well as the Blackstone River Road construction project.

Motion Haller @ #9.5E & 9.5F CM - Request City Manager provide City Council with a report concerning the progress for implementing the Climate Action Plan.

Motion Rushton @ #9.4A CM - Request City Manager report the number of city employee hours that the health insurance dependent verification process will take to accomplish.

Motion Rushton @ #9.4A CM - Request City Manager provide City Council with a report as to how the cost of approximately 100K-$125k for a full dependant audit an outside firm was derived and what firms were contacted.

Motion Toomey @ #9.54A CM - Request City Manager provide to City Council with any new marketing pieces.

Motion Clancy @ #9.5H CM - Request City Manager inform City Council of the prior TIF issued to Creedon and Co.

Motion Clancy @ #9.39C & 9.39L CM - Request City Manager report to City Council the money owned in debt service for the field that Clark University is building, the total liabilities and a status update.

Motion Petty @ #9.39C & 9.39L CM - Request City Manager provide to City Council a recap of the entire Boys & Girls Club project including the elements, what is completed and not completed and the tax revenues from the properties.

Motion Clancy @ #9.14A CM - Request City Manager provide a report at the end of the season concerning the number of calls received by Customer Service relative to requests for bulk waste.

Motion Clancy @ #9.15A CM - Request the City Council's Standing Committee on Economic Development have a hearing mid-winter concerning the DCU Master Plan to discuss the priorities of this facility and the input that resulted from the public hearing held on December 3, 2008.

Motion Lukes @ #9.39I & 9.39J CM - Request City Manager request City Solicitor provide a legal opinion concerning what jurisdiction the City Council has over revolving fund accounts for the School Department. Further, request a list of all cases and judgments that allow the borrowing of funds for these accounts.

Motion Rushton - Suspension of Rules - Request City Manager provide a report concerning plans for repairing Pleasant St. to its original condition after the installation of a conduit by a utility company.

Motion Rosen & Eddy - Suspension of Rules - Request City Manager request the City Solicitor provide an immediate opinion as to whether Gingerbread Trail, a way paved by its developer but for the most part private property and not where the 12 foot road was to be established per the original plan, can receive plowing by the City of Worcester through the filing of a petition of exception on behalf of its residents.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes Firefighter Frank P. Raffa, President and Lt. Donald J. Courtney, Vice-President of Local 1009 of the International Association of Fire Fighters, for their many years of selfless service to the membership of their union. (Petty, Clancy, Eddy, Germain, Haller, Palmieri, Rosen, Rushton, Smith, Toomey, Lukes)

Motion Haller - Suspension of Rules - Request City Manager provide City Council with the names and locations of all available public access water recreation sites in Worcester to include city controlled pools, spray ponds and lakes and state-controlled pools, ponds, lakes. Additionally request a map of such facilities.

PETITION - Councilor Barbara G. Haller request additional street light or lights on Benefit Terrace.

PETITION - Councilor Barbara G. Haller request street repair of Benefit Terrace.

PETITION - Councilor Barbara G. Haller request street repair of Queen St. between Kingsbury St. and King St.