CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 16, 2008

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 9:06 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

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

Eric Loizeaux request No Parking signs, yellow curb paint and enforcement on the corner of Route 70 and Chino Ave.

Barbara Nayak request to eliminate Two Hour Parking and install resident permit parking at 83 -87 Harding St.

Barbara Nayak request handicap parking space in front of 83-87 Harding St.

Betty Mardirosian request a traffic light at the intersection of Oak Ave. and Belmont St.

Donald Nelson et al request crosswalks be placed on Forest St. at the intersections of Otsego Rd., Algonquin Rd., Wheeler Ave., Hancock Hill Dr. and Roseland Rd.

Ellen Jane Foley request a "Slow-Children Crossing" signs at all entrances of Rena St.

Louise Houston, President of 9 - 9-1/2 Ames St. Condominium Trust, request resident permit parking for 9 Ames St.

Ronal Madnick on behalf of Real Solutions request the City Council request the City Manager report on the progress that has been made to end homelessness in the City of Worcester.

Elizabeth Proko et al request City Manager and City Council approve of an ad-hoc committee to collect and evaluate solid facts and research to determine a fair and equitable plan and the feasibility of moving the City to a single tax rate within the next two years.

Transmitting Informational Communication Relative to the Reppointment of Ben Ogunjobi to the Community Development Advisory Committee.

Request City Council adoption of a Fiscal Year 2009 Salary Ordinance for Non-Represented Employees

Transmitting Informational Communication Relative to the Appointment of Cultural Development Officer Erin Williams to the Commonwealth's Creative Economy Council.

Recommend Adoption of a Resolution to File and Accept Funds from the Executive Office of Labor and Workforce Develoment Ex-offender Reentry Grant Program.

Recommend Adoption of Resolutions to Authorize LAND Grant Acquisitions for the Crow Hill Savannah & Moreland Woods Projects

Recommend City Council's Adoption of the Attached Amendments to Chapter 5 Section 6 and Section 20 of the Revised Ordinances Relative to Sewer Capacity and Sewer Capacity Fee.

Transmitting Informational Communication Relative to the New Trench/Excavation Regulations.

Recommend Adoption of Resolution to Accept Central Region Homeland Security Advisory Council Funding for Debris Management Workshops.

Transmitting Informational Communication Relative to the Proposed Providence Street Playground.

Recommend City Council Adoption of a Resolution to Accept with Gratitude a Donation of One Thousand Two Hundred Dollars ($1,200.00) from Victory in Christ Worcester South Foursquare Church for the Purchase of Supplies, Maintenance Equipment and Services at Hope Cemetery.

Recommend City Council Adoption of the Attached Order Authorizing a Temporary Override of the Fire Department's Table of Organization to Include Two Additional Firefighter Positions.

Recommend that City Council Accept with Gratitude Donations Totaling Five Thousand Seven Hundred and Forty-Seven Dollars ($5,747.00) from the Friends of Worcester's Senior Center, Inc.

Recommend City Council Accept with Gratitude a Donation of Four Thousand Three Hundred and Sixty Five Dollars ($4,365.00) from the Worcester Public Library Foundation.

Request to Accept a Donation of Six Hundred Dollars to the Victoria A. Trachtenberg Children's Reading Fund at the Worcester Public Library.

Request to add Custodian to Table of Organization at Worcester Public Library

Transmitting Informational Communication Relative to Snow Plowing on Gingerbread Trail.

Request City Council's Support in the City Assessor's Sponsorship of the Legislation to Correct Language in Section 3A of Chapter 60.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Account #91C766, Blackstone Visitors Center, and be appropriated to Account #04C752, Blackstone Visitor's Center, to pay invoices related to the design of the Worcester Blackstone Visitor Center.

Recommend that One Million Three Hundred Fifty Thousand Dollars And No Cents ($1,350,000.00) be transferred from Loan Account #91C799, North High School, and be appropriated to DPW Account #41C740, North High School, to allow for the payment of on going contractual obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) 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 One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C745, Sewers - Holden Street, and be appropriated to DPW Account #44C776, Holden Street Sewer Main, to allow for the payment of anticipated obligations associated with this capital project.

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 and anticipated future obligations.

Recommend that Two Hundred Ten Thousand Dollars And No Cents ($210,000.00) be transferred from Loan Account #91C741, Street Construction, and appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext. Pavement), to allow for the payment of current and future obligations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction/Betterments, to provide funds for the payment of current and future expenditures.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C743, Washington Square, to provide funding for construction costs.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C737, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Recommend that Nine Thousand Twenty Six Dollars And Forty Four Cents ($9,026.44) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and be appropriated to Account #50S519, Worcester Public Damage Claim Settlements, to repair a damaged school bus.

Transmitting Communication Relative to the Asian Longhorned Beetle Tree Removal Process and Resident Notification

Transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

Mayor Konstantina B. Lukes transmitting Worcester City Council Meeting Schedule -2009.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting: What's Up With Downtown Worcester?: Prospects for Revitalization.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting: Measuring Downtown Worcester's "Curb Appeal:" ComNET Results.

REPORT OF THE PLANNING BOARD Upon the Petition of Nancy & William Donahue request a zone change at 7 Holt Ave. from RS-7 to BG-3.

REPORT OF THE PLANNING BOARD Upon the Petition of Mark Donahue request the line for the BL-1.0 district be extended to include the entire property located at 25 Elbridge St.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Joe Boynton request to extend the IN-H zone to encompass all of the parcel at 15 Rockport Rd. The premises is currently zoned both IN-H and RG-5.

An Ordinance making a technical correction to Section Twelve of Chapter 14 of the Revised Ordinances of 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)

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)

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)

Motion Palmieri @ #9a CC - That the City Council of the City of Worcester hereby moves the Monthly Economic Development Reports to a City Manager agenda.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the major ice storm that occurred on Thursday, December 11, 2008.

Motion Toomey @ #8.42C - Request City Manager investigate the feasibility of moving utility lines underground.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act imposing a moratorium on the foreclosure of predatory sub-prime mortgages in the city of Worcester for one hundred-eighty days.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act protecting tenants from unjustified evictions on foreclosed properties in the city of Worcester.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act requiring judicial approval of foreclosures of residential mortgages in the city of Worcester.

Motion Eddy - Suspension of Rules - Request City Manager report options for traffic and pedestrian safety improvements to the intersection of Moreland St., Brigham Rd. and Carter Rd. including consideration of installing lighted sticks in the center lines of the roadway as has been done in the vicinity of WPI.