CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 20, 2009

Esther Howland Chamber

Convened: 7:05 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

Monthly Economic Development Initiatives Status Report.

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

Evangelino Ottaviano request the City abandon the property adjacent to 621 Millbury St. between Maxwell St and Esther St.

Dorothy Gniadek request guardrail be installed at 44 Fairfield St.

Maria Castillo request handicap parking space on the South St. side of 8 Chapin St.

Paul White request residential parking on East Kendall St.

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

Transmitting Informational Communication Relative to the Reappointment of Karon Shea to the License Commission.

Recommend City Council's Approval to Designate Certain Parcels of Land in the Innovation Square Growth District (Gateway Park) as Priority Development Sites under Chapter 43D of the Massachusetts General Laws, and further to Expand the Boundaries of the 49 Canterbury Street Priority Development Site to Include all of the South Worcester Industrial Park (SWIP).

Transmitting the 2008 Economic Development Year-in-Review Report.

Transmitting the January 2009 Economic Development Report.

Transmitting Informational Communication Relative to the Earned Income Tax Credit Program.

Recommend Adoption of a Resolution to Accept Funding for the Fifth and Final Year of a U.S. Department of Justice Weed & Seed Grant.

Recommend City Council's Adoption of an Order to Transfer One Hundred Thirty Two Thousand Nine Hundred and Thirty Nine Dollars and Forty-Five Cents ($132,939.45) from prior year Community Development Block Grant (CDBG) Unexpended Balances, to the Gardner Kilby Hammond (GKH) Debt Service Obligation on the HUD 108 Loan for the Neighborhood Revitalization Project.
Refer to CCM Item 8.39D

Transmitting Informational Communication Relative to the Status of the Neighborhood Stabilization Program.

Transmitting Informational Communication Relative to the Massachusetts Coalition for Water Resource Stewardship's Report to the Massachusetts Federal Delegation.

Request that City Council Accelerate the Process to Convert Portions of Trahan Avenue and Ernest Avenue to Public Streets in the Interest of Public Safety.

Transmitting Informational Communication Relative to Fire Department Fleet Maintenance

Transmitting Informational Communication Relative to the Number of Traffic Accidents at the Intersection of Channing St. and Mount Vernon St. that have Occurred During the Past Five Years.

Request City Council Approval to Amend the Table of Organization for the Worcester Police Department.
Refer to CCM Item 8.39E

Transmitting Informational Communication Relative Liens and Other Activities for Stabilizing Tenancy.

Transmitting Informational Communication Relative to Snow and Ice Removal Costs

Recommend that Eight Thousand Five Hundred Twelve Dollars And Seventy-Six Cents ($8,512.76) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #28C702, Inspectional Services Building Rehabilitation, to fund the emergency replacement of two Heat Exchangers at located at 25 Meade Street.

Recommend that Twelve Thousand Four Hundred Sixteen Dollars And No Cents ($12,416.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of computers for the Engineering Division.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) 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 per the cash flow procedure.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C745, Sewer Construction, and appropriated to DPW Account #44C761, Surface Drainage to allow for the payment of current and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C744, Building Rehabilitation, to DPW Account #46C704, Capital Outlay to allow for payment of current and anticipated obligations per the cash flow procedure.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) 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 per the cash flow procedure.

Recommend that Thirty Four Thousand Dollars And No Cents ($34,000.00) be transferred from Loan Account #91C741, Street Construction, to DPW Account #41C743, Washington Square to provide funding for these construction costs.

Recommend that Eight Thousand Four Hundred Eighty Dollars And No Cents ($8,480.00) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated to Water Account #45C703, Capital Equipment to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #26C704, Fire Department Capital Rehabilitation, to fund the roof replacement for the headquarters Maintenance Division.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and appropriated to Account #25C701, Police Department Capital Equipment.

Recommend that One Thousand Forty Five Dollars And No Cents ($1,045.00) be transferred from Account #330-07, Damage Settlement Account, and be appropriated to Account #2602-92000, Worcester Fire Department Ordinary Maintenance, to fund repair costs to the WFD's rescue apparatus.

Recommend that Thirty Eight Thousand Two Hundred Eleven Dollars And Three Cents ($38,211.03) be transferred from Account #330-07 , Damage Repair , to Account #250-92000 Police Department repair. This transfer represents ten insurance reimbursements received for damages to police vehicles.

Recommend that Eight Hundred Ninety One Thousand Six Hundred Eighty Dollars And Fifty Cents ($891,680.50) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2009:

Recommend that One Hundred Thirty Two Thousand Nine Hundred Thirty Nine Dollars And Forty Five Cents ($132,939.45) be transferred from various CDBG prior year unexpended balances and be appropriated to various Gardiner Kilby Hammond Debt Service accounts to provide funding for Debt Service Payments on the $4.706 Million Department of Housing and Urban Development 108 Loan for the Gardner Kilby Hammond Neighborhood Revitalization project.
Refer to CCM Item 8.6C

Recommend that Five Thousand Four Hundred Forty-Five Dollars And No Cents ($5,445.00) be transferred from Account #610-91000, Budget Personal Services , and appropriated to Account #250-91000, Police Department Personal Services.
Refer to CCM Item 8.17B

Recommend City Council Approval to transfer Two Thousand Five Hundred Twenty Two Dollars And No Cents ($2,522.00) from Account # 120-92000, Law Department Ordinary Maintenance, to Account #120-93000, Law Department Capital in order to install three tele-data outlets.

Recommend the adoption of a Loan Order in the amount of One Million Dollars And No Cents ($1,000,000.00) be appropriated to Account #91C744, Offstreet Parking Building Rehabiliation, to fund improvments at Pearl Elm Garage.

Recommend the adoption of a Loan Order in the amount of Two Hundred Thousand Dollars And No Cents ($200,000.00) be appropriated to Account #91C744, Off Street Parking Building Rehabilitation, to fund improvements to Federal Plaza Garage.

Recommend the adoption of a Loan Order in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) be appropriated to Account #91C744, Offstreet Parking Building Rehabilitation, to fund improvements to the Open Air Parking Lots.

Transmitting Informational Communication Relative to the 2009 Caffrey Memorial Award

Recommend City Council Accept with Gratitude a Donation in the Amount of One Thousand Dollars ($1,000.00) from Flagship Bank and Trust Company for the City's Annual Festival of Lights Celebration.

Elizabeth A. Early, Executive Secretary of the Worcester Retirement Board, transmitting communication notifying that the Worcester Retirement Board will consider Cost of Living Increases to all eligible retirees at a Board Meeting on February 19, 2009.

Amend Chapter 5 of the Revised Ordinances of 2008 concerning Sewer Discharge Categorically Prohibited.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on Deering St. adjacent to 312 June St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 27 Standish St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 10 Strathmore Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 5 Berkeley St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking on Pilgrim Ave. adjacent to 10 Bedford Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 67 Everard St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 15 Ellsmere St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 21/23 Crown St..

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 25 Northboro St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 19 Ferdinand St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 40 Duxbury Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking opposite 2 Milton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 23 Liscomb St. adjacent to 268 Belmont St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 150 Coolidge Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 45 Fox St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 5 Benefit Terrace.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for two handicap parking spaces in front of 265 Fairmont Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 22 Dayton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking on Cameron St. adjacent to 694 Franklin St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide one hour parking on the west side of Dustin St. near Belmont St.

Amend Section 43 of Chapter 13 of the Revised Ordinances of 2008 to rescind the winter ban on Millbury St. from Esther St. to Burton St.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Leeds St. and King Philip Rd. facing southbound traffic on Leeds St.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Pine View Ave. and Clover St. facing southbound traffic on Pine View Ave.

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 Toomey @ #8.5C CM - Request City Manager provide City Council with a detail report relative to potential alternative methods and locations for measuring wind power on the Worcester Technical High School.

Motion Rushton @ #8.5C CM - Request City Manager submit to City Council an update report concerning the newly created position for the implementation of the Climate Action Plan.

Motion Haller @ #8.22A CM - Request City Manager provide to City Council with reports regularly concerning no heat issues and any barriers the City comes up against.

Motion Eddy @ #8.34A CM - Request City Manager inform City Council of the process used for notifying residents thru the mail of the Sidewalk Snow Removal Ordinance. Further, include the volume of Sidewalk Snow Removal complaints to the Customer Service Center and provide a listing of results from the warnings and citations issued through this program to determine the success of the program.

Motion Palmieri - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks investigate whether a handicap access ramp exists at corner the Myrtle St. and Southbridge St. and if no ramp exists to install a ramp.