CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 8, 2011

Esther Howland Chamber

Convened: 7:12 P.M.

Adjourned: 9:24 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of February 15, 2011.

Dorothy Kelley et al request re-installation of the street light at the corner of Chandler and Fiske Sts.

Dianne Louis request to install a catch basin at 692 Salisbury St. to alleviate water and debris.

Aurelia Morales request to install handicap parking space in front of 79 Fox St.

Liz Rodriguez requests to install a handicap parking space in front of 29 Hollis St.

Jacqueline Norton request a survey that locates all WRTA bus stops in geographical locations which are handicap accessible, and comply with ADA regulation; including but not limited to Route 30 inbound, serving Greendale Mall & Route 18 Hamilton.

James DelSignore, City Auditor, transmitting the management letter done in conjunction with the City's audit for fiscal year ended June 30, 2010 by the City's auditors Sullivan, Rogers & Company, LLC.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with language amending the proposed amendment to the Sign Ordinance that would allow a Special Permit exception for relocating existing non-acessory, non-conforming billboards to a nearby location.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager update City Council regarding pay differential for municipal employees called into active duty including information as to the 17 military days-off per year and local applicability of Chapter 137 of the Acts of 2003.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager provide the City Council with an explanation of the administration's current policy and the past practice that categorizes the topic of municipal employees being activated for military service as one for collective bargaining.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager review the height and timing of the pedestrian crossing signal in Lake Avenue at the Marine Corps Reserve facility.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager take action necessary to repair the earthen approaches to both sides of both bridges spanning the meres at Elm Park.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager increase in size and number the in-city directional signs to the Massachusetts Veterans' Memorial at Green Hill Park.

Request City Manager provide City Council with a status report concerning the previously requested improvements to the West Boylston Street corridor. (Smith)

Request the City Manager report to the City Council regarding the impacts of HR 1 on City of Worcester agencies and programs that serve Worcester residents. (Toomey)

Request City Manager submit a report on an analysis of the cost benefits, if any, of merging the School Department and City technical services departments. (Lukes)

Request City Manager, with the City Council, explore implementing a small business tax exemption at our tax classification hearing this year. Small businesses with 10 or fewer employees and commercial property assessed for less than $1M would receive a 10 percent reduction on their property taxes. (Smith, Eddy, O'Brien)

Request City Manager report on the compliance of city boards and commissions, including the Elections Commission, to the new Open Meeting law, specifically regarding the posting of all documents submitted to the board or commission pursuant to the meeting referenced in the posted minutes. (Lukes)

Request City Council establish a policy requiring fees generated and collected by employees of the City Clerk's office for the performance of weddings in the City Hall building during regular work hours go to the City Treasury and not to the individuals in the City Clerk's Office who perform the weddings. (Lukes)

Request City Manager establish a policy that any overtime expenses not included in the budget for the City Clerk's office not be paid out of tax levy funds. (Lukes)

Request City Manager report to City Council on the recent violence on Union Hill and further report on any plans for increased police presence. (Clancy)

Request City Manager report on the process for training and providing oversight to Boards and Commissions, specific reference being made to the minutes of the Elections Commission dated February 17, 2011 where steps are recommended but no action or vote being taken. (Lukes)

Request City Manager provide City Council with data concerning pre-mature Worcester deaths when the primary cause of death is cancer. (Palmieri)

Request City Manager report to City Council concerning the establishment of reasonable buffer zones and free speech zones in the vicinity of places of worship and other appropriate places of assembly across the city as outlined in the U. S. Supreme Court’s decision concerning free speech and dated March 2, 2011. (Petty)

That the City Council of the City of Worcester hereby goes on record in support of amending the Communications Act by way of the Cap Act and recommend all U.S. House and Senate members from the State of Massachusetts support the CAP Act. (O'Brien, Haller)

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Nickolas Moudios on behalf of Aikolai USA Inc request property known and numbered as 130 Goddard Memorial Dr. be rezoned from RS-7 to A-1

COMMUNICATION of the City Manager transmitting informational communication relative to the Worcester Regional Transit Authority's Proposed Plans for Relocation of its Existing Grove Street Site. (Tabled - Palmieri March 1, 2011)

COMMUNICATION of the City Manager recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #010-91000, City Council Personal Services, and be appropriated to Account #100-97000, City Clerk Overtime, to provide funding for overtime costs associated with the 2011 dog licensing effort. (Tabled - Lukes March 1, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

Councilor Rushton, Chairman of the Economic Development Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending adoption of the attached resolutions to file an application to designate 181 Greenwood Street as a Site Specific Economic Opportunity Area and a Certified Project: recommend adoption of the two accompanying Resolutions.

COMMUNICATION of Michael V. O'Brien, City Manager , respectfully requesting that One Hundred Thousand Dollars and No Cents ($100,000.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to Economic Development Account #04S505, Quinsigamond village Economic Development to fund a loan through the Quinsigamond Village Microloan Program to Magmotor Technologies, Inc. (Magmotor) in the amount of $100,000.

Motion Lukes @ #8a CC - Request City Manager provide a report to City Council explaining how change orders are used to adjust or add work that is outside the original scope of winning contracts.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Internal Revenue (IRS) audit and recommend that Three Hundred Fifty Six Thousand Five Hundred Seventy Dollars and Eighty Nine Cents ($356,570.89 be transferred from Account #661-94000, Debt Service Principal and appropriated to Account #660-92000, Treasury Department Ordinary Maintenance to fund the city's obligations.

Motion Germain @ #13a CC - Request City Manager work with the WRTA and DirectAir to explore the viability of an express transportation service between Union Station and the Worcester Regional Airport that coordinates with flight schedules.

Motion Petty - Suspension of Rules - request City Manager request the Commissioner of Public Works request WalMart clean trash from Tobias Boland Way.

Motion Petty - Suspension of Rules - Request City Manager request the Massachusetts Port Authority provide a report detailing DirectAir's on-time performance statistics for arrivals and departures that occurred at Worcester Regional Airport during the 2010-2011 winter season.

Motion Eddy - Suspension of Rules - Request City Manager request the City Solicitor to amend the Responsible Pit Bull Ownership Ordinance to exempt the associated fees for bit bulls that are service dogs.

Motion Palmieri - Suspension of Rules - Request City Manager request the Commissioner of Public Works inspect the catch basin located at 17 Frank Street and consider any remediation that may be necessary to prevent property flooding during storms at that location.

PETITION - Councilor Paul P. Clancy, Jr. request the repaving of the public portion of Oriole Dr.

Motion Clancy - Suspension of Rules - Request City Manager request the Police Chief enforce the existing “No Parking” prohibitions in Oriole Drive.

Motion Clancy - Suspension of Rules - Request City Manager make a presentation to City Council on March 22, 2011 concerning the “Fiscal State of the City Address” in preparation for the upcoming budget meetings.

Motion Rushton - Suspension of Rules - Request City Manager request the Commissioner of Public Works request the City Forester clear brush and limbs in front of the Fairlawn Rehabilitation facility along the west side of May Street.