CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 4, 2010

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 8:08 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

The Mayor read a Proclamation declaring May8, 2010 as NATIONAL ASSOCIATION OF LETTER CARRIERS FOOD DRIVE DAY. The Mayor presented the Proclamation to Norman LaFlash from the USPS Union.

Ronal Madnick, Director of the Worcester County Chapter American Civil Liberties Union of Mass., request City Council adopt a "public access" open forum, which would take place in the first 30 minutes of any council meeting and allow anyone to speak on any item of business on the agenda, regardless of its position on the agenda.

Ronal Madnick, Director of the Worcester County Chapter American Civil Liberties Union of Mass, request that the primary petitioner for any item before the city council be allowed to speak on his or her petition the day it appears on the agenda.

Christine Grabowski request sidewalk repair in front of 127 Amherst St.

Christine & Karen Houle request abatement of Sewer Betterment Assessment #31110 in the amount of $2,660.00 for Yukon Ave.

William S. Coleman III request City Council extend an invitation to former City Manager Thomas R. Hoover to return to our city and be recognized for his years of service as our City Manager and begin the process for placement of his portrait in our City Hall.

Transmitting Informational Communication Relative to a Premium Holiday for Employees and Retirees.

Transmitting Informational Communication Relative to Economic and Business Development Marketing Outreach.

Request City Council's Review, Deliberation and Approval of Funding Recommendations for the Fiscal Year 2011 Community Development Block Grant (CDBG) Program. Refer to CCM Item 7.36A Refer to CCM Item 7.36B Refer to CCM Item 7.36C Refer to CCM Item 7.36D

Recommend Adoption of a Resolution to File and Accept Grant Funds from the Massachusetts Department of Energy Resources' (DOER) Green Communities Program.

Transmitting Informational Communication Relative to a Clean Water Strategies Symposium Presented by the Massachusetts Coalition for Water Resources Stewardship.

Transmitting Informational Communication Relative to the Construction of Crompton Park Pool.

Recommend City Council's Review, Deliberation and Adoption of Proposed Tobacco Control Ordinance.

Recommend Adoption of a Resolution to Authorize a Lease of Space at the Worcester Senior Center to Family Service Organization of Worcester, Inc.

Recommend Adoption of a Resolution to Authorize a Lease of Space in the Worcester Senior Center to the Massachusetts Senior Action Council-Central Massachusetts Chapter.

Recommend Adoption of a Resolution to Accept with Gratitude a Total Donation of Eight Hundred Dollars ($800.00) from Ms. Nancy Gaudette and Ms. Charlene Sokal to the Worcester Public Library's Arthur T. and Eleanor T. Gaudette Fund.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Two Thousand and Three Hundred Dollars and No Cents ($2,300.00) from Dr. William F. O'Neil and M. Elizabeth O'Neil to the Worcester Public Libary (WPL) in Support of the MassBlast Program that Provides Internships at WPL for High School Students.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Five Hundred Dollars and No Cents ($500.00) from Richard and Pamela Trachtenberg of Austin, Texas to the Victoria A. Trachtenberg Children's Reading Fund at the Worcester Public Library.

Recommend that Two Thousand Three Hundred Twenty One Dollars And Twenty Five Cents ($2,321.25) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to fund the review and evaluation of the Energy Conservation Measures proposed as part of the Investment Grade Audit of all City and School facilities.

Recommend that Four Million Nine Hundred Forty Seven Thousand Thirty Six Dollars And No Cents ($4,947,036.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXVI Community Development Block Grant Program, and be appropriated, when and as received, to various accounts to provide financing for projects and programs as described.

Recommend that One Million Nine Hundred Ninety Three Thousand Six Hundred Sixty Two Dollars And No Cents ($1,993,662.00) be accepted from the U.S. Department of Housing and Urban Development for the Fiscal Year 2011 HOME Program, and be appropriated, when and as received, to Account #18S36711, HOME Program.

Recommend that Four Hundred Eight Thousand Two Hundred Eighty Two Dollars And No Cents ($408,282.00) be accepted from the U.S. Department of Housing and Urban Development for the Housing Opportunities for Persons With AIDS program and be appropriated, when and as received, to various accounts for projects and programs as described.

Recommend that Two Hundred Five Thousand One Hundred Eighty Five Dollars And No Cents ($205,185.00) be accepted from the U.S. Department of Housing and Urban Development for the Fiscal Year 2010 Emergency Shelter Grant program and be appropriated, when and as received to various accounts to provide funding for projects and programs as described.

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Communication of the City Auditor transmitting Reports on Internal Control Over Financial Reporting, Compliance and Federal Awards Programs prepared by Sullivan, Rogers & Company, LLC for the fiscal year ended June 30, 2009. (Tabled - Haller March 23, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Jonathan Koop, President of S & K Valet, in the interest of public safety, request the installation of passenger zones for drop-off and pick-up of passengers at the following business locations from 5pm-2am: in Commercial St. in front of One Exchange Place, in front of 166 Shrewsbury St., in front of 82 Winter St., and in front of 50 Front St. and the recommendation to adopt the accompanying four (4) Orders. (Tabled - Petty April 27, 2010)

Motion Clancy @ #6e CC - Request the Mayor with assistance of the City Clerk send a letter to former City Manager Hoover as well as former Mayors Mariano and Murray concerning the process for displaying their portraits in City Hall.

Councilor Rushton, Chairman of the Economic Development Committee moved to request to suspend the rules to allow the following Reports and Chairman's Orders be submitted for consideration - Approved.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommending City Council's adoption of Appendix 102.AA of the Massachusetts State Building Code ("Stretch" Energy Code): recommend adoption of the accompanying Order to accept provisions of 780 CMR Appendix 102.AA of the Massachusetts State Stretch Energy Code, with such acceptance to be effective January 1, 2011

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the City Solicitor report to the City Council if language in the proposed sign ordinance amendment is seen as a violation to the First Amendment to the U. S. Constitution.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to the City Council concerning language in the proposed sign ordinance amendment concerning the leveling of fines and concerning political signs.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommending City Council's Review, Deliberation, and Adoption of Proposed Sign Ordinance Amendment: recommend Communication be referred to Planning Board (to be taken under SR in City Council on May 4, 2010

Motion Lukes - Suspension of Rules - Request City Manager submit a report to City Council relative to the top highest paid employees with a separate listing of wages and salaries over time and any benefits like the Quinn Bill. Further, request the report for the next City Manager's calendar.

Motion Rushton to amend: Request the salaries of all city employees with a breakdown by base salary and then listing any other stipends.

Motion Clancy to amend: Request the backup of the report be submitted electronically.

Motion Lukes to amend: Request salaries listed from highest to lowest and accepted all amendments.

The amended motion will read as follows: Request City Manager submit a report to City Council for the next City Manager's calendar listing the wages earned by all city employees from highest salary to lowest and broken down by base salary and then listing any other stipends or benefits like the Quinn Bill. Further, request the backup of the report be submitted electronically.

Motion Palmieri - Suspension of Rules - Request City Manager review city records relative to LaSalle Street and report to City Council how the street was developed and clarifying its private street status.

Motion Rushton - Suspension of Rules - Request City Manager request the appropriate department remove glass in sidewalk area in front of 113 West Boylston Street.