CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 6, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Recessed in to Executive Session: 9:14 P.M.
Reconvened into Open Session to Adjourn: 9:56 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Seyedali & Sarah Sohi request Colonial Rd. between Morningside Rd. to Tahanto Rd. be added to the list for salt and sand.

Seyedali & Sarah Sohi request Chamberlain Parkway between Pleasant St. and South Lenox St. be added to the salting and sanding list.

Roy Moore et al request street repair to cover the exposed water main in the vicinity of 118 West St.

Roy Moore et al request sidewalk repair on Front St. in vicinity of of Midtown Mall.

Nason Hurowitz et al request reconstruction and repaving of Cardinal Rd. from Pleasant St. to the end.

Judi Machira et al request private street maintenance for Weldon Ave.

James Clinton request to install guardrail along the whole front of property located at 282 Hamilton St.

Councilor Barbara G. Haller on behalf of the Shepard-King Neighborhood Association request repair of sidewalks in King St. from Main St. Kingsbury St.

Roy Moore et al request to install handicap ramps for crosswalk access at corner of 427 Main St. and 6 Pleasant St.

Roy Moore et al request to adjust pedestrian crossing signals to allow enough time for pedestrians to cross safely at Lincoln Square.

Victoria Alvarez request handicap parking space at 33 Stoneland Rd.

Kenneth Manning request one handicap parking space in front of 267 Fairmont Ave.

Ann Waters requesting handicap parking space in front of 51 Butler St.

Peggy Unga request handicap parking space at 18 Acton St.

Hong Vo request handicap parking space at 26 South St.

Tina Nguyen request handicap parking space at 3 Stockton St.

David Mahan et al request parking regulations in Zenith Dr. from May St. Quissett St. be changed to allow parking on both sides of the street with a Declared Winter Parking Ban Zone 2.

MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for a joint-pole re-location: WEST BOYLSTON STREET.

Transmitting Informational Communication Relative to Constable Appointments for the Calendar Year January through December 2009.

Transmitting Informational Communication Relative to the Reappointments of Thomas Reynolds and Patsy SantaMaria to the Airport Commission.

Transmitting Informational Communication Relative to the Appointment of William Bilotta, Jr. to the Zoning Board of Appeals.

Transmitting Informational Communication Relative to the Department of Public Works and Parks Annual Christmas Donation Drive.

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

Transmitting Informational Communication Relative to the Ice Storm Tree and Limb Debris Clean-up Efforts.

Recommend that City Council Accept with Gratitude, the Donation of a Wreath from CSX Intermodal, for the December 3rd Remembrance Ceremony at the Franklin Street Fire Station.

Recommend that City Council Accept with Gratitude a Donation of Services from Image Lighting Services for the December 3, 2008 Remembrance Ceremony at the Franklin Street Fire Station.

Recommend that City Council Accept with Gratitude, a Donation of 60 Lengths of 4" Large Diameter Hose (LDH) from the Auburn Fire Department.

Recommend City Council's Adoption of a Resolution to File and Accept an FY 2009 US Department of Justice, Office of Violence Against Women, Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program Grant.

Recommend that City Council Accept with Gratitude Memorial Donations Totaling $400.00 in Memory of Walter Marcoux.

Transmitting Informational Communication Relative to the Reduction in Community Policing Funding and Targeted Saturation Patrols.

Recommend Adoption of a Resolution to File and Accept a Regional Emergency Preparedness Partnership for Health and Medical Systems Grant from the Massachusetts Department of Public Health.

Transmitting Informational Communication Relative to the Rules/Purposes by which an Executive Session of City Council May be Convened.

Transmitting Informational Communication Relative to the Number of Properties Taken off the Tax Rolls for the Past Several Years and the Amount of Revenue Lost.

Transmitting Informational Communication Relative to the Number of Elderly Residents who Receive a Tax Exemption.

Transmitting Informational Communication Relative to the Use of Live Streaming Video on the City's E-Government Channel.

Recommend that Three Thousand Three Hundred Eleven Dollars And Twenty Five Cents ($3,311.25) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to fund payments related to vendor obligations.

Recommend that Thirty Three Thousand Dollars And No Cents ($33,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #11C701, City Messenger Capital Equipment. Furthermore, I respectfully recommend that Twelve Thousand Dollars And No Cents ($12,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C702, City Messenger Building Rehabilitation, to fund the rewiring of the Division of Public Health Office on the fourth floor of City Hall.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funding for repairs in the City Hall basement.

Recommend that Seven Thousand Two Hundred Thirty Two Dollars And Twenty Cents ($7,232.20) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of necessary equipment.

Recommend that Three Hundred Thousand Two Hundred Ten Dollars And No Cents ($300,210.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of a truck and two street sweepers.

Recommend that One Hundred Sixty Thousand Dollars And No Cents ($160,000.00) 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 Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Loan Account #91C784, Park Site Improvement, and be appropriated to Parks Account #72C704, Bear Brook Rehabilitation, to fund current construction obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction, to provide funds for the payment of current and future expenditures.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) 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 Four Thousand Six Hundred Dollars And No Cents ($4,600.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #28C702, Inspectional Services Building Rehabilitation, to fund the emergency replacement of a Heat Exchanger at 25 Meade Street.

Recommend that Three Hundred Seventy Five Thousand Dollars And No Cents ($375,000.00) be transferred from Loan Account #91C784, Capital Infrastructure, and appropriated to Parks Account #72C702, Parks Site Improvements and Sixty One Thousand Dollars and No Cents ($61,000.00) be transferred from Account #330-09, Land Sales and be appropriated to Account 41C447, Open Space USH for the acquisition of Crown Hill Savannah and Moreland Woods.

Recommend that Three Hundred Seventy One Thousand Dollars And No Cents ($371,000.00) be transferred from Account #330-09, Reserve for appropriation real estate sales, and appropriated to DPW Account #41C437, Franklin Street Fire Station to allow for the payment of on going contractual obligations.

Recommend that Four Thousand Two Hundred Twenty Seven Dollars And Sixty Three Cents ($4,227.63) be transferred from Account #330-07, Damage Settlement Account , to Account #2602-92000, Worcester Fire Department Ordinary Maintenance, to provide funding for repairs to the WFD's Rescue apparatus.

Transmitting Informational Communication Relative to the City's Receipt of the Massachusetts Municipal Association's Kenneth E. Pickard Innovation Award.

Transmitting Informational Communication Relative to Resident Outreach Regarding the City's Sidewalk Snow and Ice Removal Ordinance.

Transmitting Informational Communication Relative to the Asian Longhorned Beetle.

That the sum 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.

Amend Chapter 5 of the Revised Ordinances of 2008 concerning Sewer Discharge and Connection Permits.

Amend Chapter 9 & 15 of the Revised Ordinances of 2008 regulating the Possession of Knives and Similar Weapons.

Amend the Salary Ordinances of August 20, 1996 relative to Non-Bargaining Unit Employees.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop signs on Mount Vernon St. at Windsor St. facing eastbound and westbound traffic on Mount Vernon St.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop signs on Mount Vernon St. at Channing St. facing eastbound and westbound traffic on Mount Vernon St.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Clover St. and Heard St. facing eastbound traffic on Clover St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Change 30 Minute Parking 8:00 a.m. to 6:00 p.m. in front of 4 Richmond Ave. to 15 Minute Parking 8:00 a.m. to 11:00 p.m.

Communication of the City Manager transmitting communication requesting Executive Session of the City Council for purposes of discussing pending litigation. (Tabled - Haller December 23, 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)

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 Haller @ #7.32A CM - Request City Manager provide City Council with possible language for council to adopt as part of its rules language to govern behavior with reference to sensitive information that is the basis for executive sessions.

Motion Rushton @ #7.32A CM - Request City Manager provide City Council with public records law revealing those records that are considered exemptions.

Motion Clancy @ #7.32A CM - That the City Council of the City of Worcester hereby adopts a new rule of City Council as follows: That every Executive Session be held under confidentiality until such time as the content including documents, records, votes, etc… is allowed by law to become public.

Motion Lukes to amend: Further, that any violations be communicated to the State Ethics Commission.

Motion Lukes to amend: Further, that this new rule will remain in effect until any subsequent amendments are made.

Motion Lukes to amend: Further, that this rule shall apply to all persons present in Executive Session.

Motion Palmieri @ #7.33A CM - Request City Manager provide a report concerning whether there was a general agreement, as part of the Mayor's Social Service Task Force report, from Social Service Agencies to remain on the tax rolls.

Motion Haller @ #7.33A CM - Request City Manager provide a list of non-profit names who are participating in a voluntary PILOT program.

Motion Clancy @ #7.33B CM - Request City Manager report to City Council if a senior tax write-off program existed would anything earned by a senior resident be deducted as an exemption.

Motion Palmieri - Suspension of Rules - Request City Manager consider placing the Assessors FY2009 Property Value List books at Library branches and Grove St. Fire Station.

Motion Palmieri - Suspension of Rules - Request City Manager provide a report concerning possible projects that could be funded by the Obama Stimulus Package. Further, request City Manager to consider commuter rail, CitySquare as projects to be submitted for funding.

Motion Toomey to amend: Request to add to the list for consideration support for job training, small business administration loans, extension of unemployment benefits and Sewer Treatment for the Upper Blackstone Water Pollution Abatement District.

Motion Clancy to amend: Request to add to the list for consideration private street conversions.

Motion Clancy to amend: Further, request City Manager contact School Administration to provide a list of priority school infrastructure school rehabilitation projects.

Motion Rushton to amend: Request to add to the list for consideration city pools.

Motion Toomey - Suspension of Rules - Request City Manager request the Police Chief to install speeding surveillance in Heywood St. in the interest of public safety.

Motion Rosen - Suspension of Rules - Request City Manager request CFO/Treasurer review the process for issuing the retirees paychecks.

PETITION - Councilor Paul P. Clancy, Jr. on behalf of Mathew Kaciavich request resident sticker parking on Astrid Ave.

PETITION - Councilor Paul P. Clancy, Jr. on behalf of residents of Dutton St. request to remove “Resident Only” parking on Dutton St.

PETITION - Councilor Paul P. Clancy, Jr. on behalf of James Duncanson request repair of berm at 20 Batavia St. which occurred during snowplowing operations.

Motion Haller - Suspension of Rules - Request City Manager report on the status of school grossing guards; this should include the number of guards, locations, hours of service and any FY09 reductions of service and how crossing safety for children is achieved where reductions have/will occur.