CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 17, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 7:18 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 - March 2009

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

Pastor Ana Sequera request to amend the resident permit parking on Superior Rd. by moving it to the property line of 315 Hamilton St. or to allow parking on Sundays and Wednesdays for church services.

Ann Houlihan request to change the "Yield" sign to a Stop sign at the corner of Hamilton St. and Orient St.

Karen McMahon request Beaver St., from Marble St. to Clement St. be designated as residential parking.

Transmitting the February 2009 Economic Development Report

Transmitting February 2009 Economic Development Small Business Report

Transmitting Informational Communication Relative to Altering the Northbound Right Lane on Foster Street at the South Portal to a Right Turn Only Lane in the Interest of Improved Traffic Flow.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2009.

Recommend City Council's Adoption of a Resolution to File and Accept an Executive Office of Energy and Environmental Affairs Gateway Urban Parks Grant.

Recommend City Council's Adoption of a Resolution to File and Accept a Massachusetts Department of Public Health, Fire Safe Massachusetts Program Grant, "Residential Fire Injury Prevention Program."

Recommend City Council's Adoption of a Resolution to Accept Massachusetts Executive Office of Health and Human Services Department of Public Health Decontamination Unit Grant Award.

Transmitting Informational Communication Relative to a Citywide Crimewatch Meeting to be held at the Worcester Police Department on Wednesday, March 18, 2009 at 6:30 p.m.

SUPPLEMENTAL: Request City Council Approval to File and Accept a Federal COPS Grant

Recommend that City Council Accept with Gratitude, a Donation in the Amount of Two Hundred Dollars ($200.00) from UMass Medical School in Support of Programming at the Worcester Senior Center.

Recommend Adoption of a Resolution to File and Accept a Grant in the Amount of Twenty Five Thousand Dollars ($25,000.00) from the Greater Worcester Community Foundation to Support Elder Emergency Outreach and Services.

Transmitting Informational Communication Relative to the Women of Consequence Award Ceremony to be held in the Levi Lincoln Chamber, Wednesday, March 25, 2009.

Recommend that City Council Accept with Gratitude, a Donation in the Amount of Eight Thousand Five Hundred Dollars ($8,500.00) from the Worcester Public Library Foundation to Fund the Purchase of a New Services Desk at the Frances Perkins Branch Library.

Recommend that City Council Accept with Gratitude, All Donations to the Worcester Public Library that were Less than Five Hundred Dollars ($500.00) each for the Period July 1, 2008 through December 31, 2008.

Transmitting Update Regarding the City's Fiscal Year 2010 Budget

Transmitting Informational Communication Relative to Federal American Recovery and Reinvestment Act Funding and Federal Supplemental General Appropriation Funding

Transmitting Informational Communication Relative to City Funds for Public Shade Tree Planting.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated, when and as received, to Parks Account #72C709, Rockwood Field, to fund current contractual obligations.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C790, Downtown Improvements, to allow for the payment of current and future obligations.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Conversion, to provide funds for the payment of current and future expenditures.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C777, Auditorium, and be appropriated to Account #74C701, Auditorium Capital Rehabilitation, for the purpose of paying invoices for the installation of the new boiler.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) 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 Four Hundred Thousand Dollars And No Cents ($400,000.00) 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 One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C745, Sewer Construction, to DPW Account #44C732, Sewer Control Plan to allow for the payment of a current invoice and future obligations.

Recommend that One Thousand Nineteen Dollars And No Cents ($1,019.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #75C504, DCU Special District, and be appropriated to DCU Account # 75C704, DCU Special District Improvements, for Electrical Panel Repairs.

Recommend that Two Hundred Ten Thousand Dollars And No Cents ($210,000.00) be transferred from Loan Account #75C504, DCU Special District, and be appropriated to DCU Account #75C704, DCU Special District Improvements, to provide funding for design services.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #91C766, Blackstone Visitors Center, and be appropriated to Account #04C752, Blackstone Visitors Center, to pay invoices related to the design of the Worcester Blackstone Visitor Center.

Recommend that Fifty Nine Thousand Six Hundred Dollars And No Cents ($59,600.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #72C701, Parks Capital Equipment, for the purchase of two chippers for the Forestry Division.

Recommend that Twenty Eight Thousand One Hundred Eighty Dollars And No Cents ($28,180.00) be transferred from Loan Account #91C711, Citywide Capital Rehabilitation, and appropriated to Account #41C704, DPW Building Rehabilitation, to allow for the payment of current and anticipated obligations.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #34C702, Elder Affairs Building Rehabilitation, for the purpose of bringing the Worcester Senior Center into full compliance with the Fats, Oils and Grease ordinance.

Recommend that Nine Thousand Four Hundred Twenty Six Dollars And Twenty Nine Cents ($9,426.29) be transferred from Account #330-07, Damage Settlement, and be appropriated to Account #2602-92000, Worcester Fire Department Ordinary Maintenance, to fund repairs to the Worcester Fire Department's Engine 2.

Recommend that Twenty Seven Thousand Dollars And No Cents ($27,000.00) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to fund costs associated with the issuance of Bond Anticipated Notes dated January 30, 2009.

Recommend that an Executive Session between the City Council and the Worcester School Committee be held on Tuesday, March 31, 2009 at 6:00 p.m. in the Levi Lincoln Chamber for the Purpose of Discussing Collective Bargaining.

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

#14a CC November 25, 2008
Communication of the City Auditor transmitting the October 2008 Auditor's Report.

#8.42B CM December 16, 2008
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

#7a CC December 23, 2008
Communication of the City Auditor transmitting November 2008 Auditor's Report.

#11b CC January 13, 2009
Communciation of the City Manager transmitting communication relative to the City's Response to a request for Infrastructure Projects.

#7c CC December 23, 2008
Communication of the City Auditor transmitting City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.

#14b CC January 13, 2009
Communication of the City Manager transmitting communication regarding the City Budget.

#7a CC January 27, 2009
Communication of the City Auditor transmitting December 2008 Auditor's Report.

# 14a CC January 27, 2009
Communication of the City Manager transmitting communication relative to a mid-year Local Aid reduction. to cities and towns for FY 2009.

#8.34A CM February 3, 2009
Communication of the City Manager transmitting informational communication relative to the City's Budget.

#21b CC February 10, 2009
Communication of the City Manager transmitting communication relative to a continued analysis and assessment of all facets of the City's current FY09 Budget and the accelerated development of City's FY2010 Budget.

#9a CC February 24, 2009
Communication of the City Audior transmitting the Auditor's Report for January 2009.

#8.42D CM February 24, 2009
Communication of the City Manager transmitting Status Report on Projected Budget Deficits.

#7.34A CM - March 3, 2009
Communication of the City Manager transmitting Informational Communication Relative to Positions Held Vacant.

#7.34B CM March 3, 2009
Communication of the City Manager transmitting Communication Relative to Employee Health Insurance Costs.

#7.42A CM March 3, 2009
Communication of the City Manager transmitting Report of the Massachusetts Taxpayers Foundation as Presented at this Evening's Forum.

REPORT OF THE PLANNING BOARD Upon the Petition of Shawn McAvey request to accept McAvey Way as a public way.

CHAIRMAN'S RESOLUTION FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester hereby endorses Senate Docket #SD 1995 (attached), which, if enacted, would implement Election Day Registration in the Commonwealth. (Tabled - Rushton March 10, 2009)

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)

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

Motion Haller @ #11a CC - Request the Board of Election Commissioners report to City Council how Election Day Registration would impact voting day operations in the City of Worcester if Senate Docket #SD 1995 is enacted.

Motion Toomey @ #8.5A CM - Request City Manager report to City Council the definitive dates for screening the buildings at the former St. Vincent Hospital site.

Motion Toomey @ #8.5A CM - Request City Manager provide City Council with an updated report relative to the marketing of Destination Worcester.

Motion Toomey @ #8.14A CM - Request City Manager provide City Council with the timeline for pick up of storm debris lining the city streets.

Motion Toomey @ #8.34A CM - Request City Manager report to City Council how stimulus monies that might be allocated to the city as grant money might be impacted as a result of the 3% monitoring fee.

Motion Rosen - Suspension of Rules - Request City Manager investigate and report to City Council recommendations to remedy the flooding problem for the past five years at 28 Greybert Lane.

Motion Rushton - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks check and report to City Council the extent of damage in Airport Drive that was caused from a contractor.

Motion Eddy - Suspension of Rules - Request City Manager request the City Solicitor provide City Council with a legal opinion as to whether the residents of Meadow Lane are responsible in accordance the city's Sidewalk Snow Removal Ordinance for sidewalks in Pleasant St. which abut the back of their property.

Motion Eddy - Suspension of Rules - Request City Manager request the Police Chief enforce speeding regulations in Clover St.

Motion Palmieri - Suspension of Rules - Request City Manager have the Millbrook St. area cleaned up of yellow bags. Further, request City Manager contact the distributor of Yellow Books in the city and request they amend their distribution as it is littering the city.

PETITION - Councilor Philip P. Palmieri request street repair in front of 23 Huntington Ave.

Motion Palmieri - Suspension of Rules - Request City Manager review the situation at the former Gallo property on Shrewsbury St. which is located on a main artery to determine if the construction trenches are in violation of the nuisance ordinance. Further, request City Manager contact the owner and request the trenches be graded to sidewalk level so as to assist in a better quality of life for the neighborhood.

Motion Petty and Eddy - Suspension of Rules - Request City Manager consider implementing emergency measures for debris pickup from the sidewalks in front of 518-534 Mill St. because of the inability of pedestrians to walk safely.