CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 2, 2009

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:45 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing: FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: PLEASANT ST.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: PLEASANT ST.

Mayor Lukes read a Proclamation declaring week of June 7th through June 13th Literacy Week. Councilor Rosen presented the proclamation to School Committee Member John Monfredo.

Ellen Shepherd, President of Shepherd Engineering Inc. request abatement of street betterment assessment #24783 in the amount of $10,174.89 on Saybrook Rd.

Joseph Donofrio request to remove handicap parking space in front of 1 Ford St.

MASSACHUSETTS ELECTRIC COMPANY for pole location in: BOSTON AVE.

MASSACHUSETTS ELECTRIC COMPANY for a pole location in: GENESEE ST.

MASSACHUSETTS ELECTRIC COMPANY for conduit location in: IONIC AVE.

MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for joint pole relocation in: VICTOR AVE.

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

Transmitting Informational Communication Relative to Saint-Gobain's Expansion and Creation of Over 50 Green Jobs in Worcester.

SUPPLEMENTAL: Recommend Adoption of Resolutions Relative to a Certified Project and Site Specific Economic Opportunity Area Designation to Support Expansion by Saint-Gobain.

Recommend City Council Adoption of a Resolution to File and Accept a U.S. Department of Energy, Energy Efficiency and Conservation Block Grant (EECBG) Formula Grant.

Transmitting Informational Communication Relative to Youth Summer Employment Programs.

Transmitting Informational Communication Relative to an Award for "Smart City, Smart Choice" Video Produced by the Divisions of Economic Development and Cable Services.

Recommend City Council Adoption of a Resolution to File and Accept an Emergency Management Performance Grant through the Massachusetts Executive Office of Public Safety and Security - Massachusetts Emergency Management Agency.

Recommend City Council Adoption of a Resolution to File and Accept Two US Department of Justice, Office of Juvenile Justice and Delinquency Prevention Grants.

Transmitting Informational Communication Relative to Inspectional Services Personnel Participation in Future Neighborhood Watch Meetings.

Transmitting Informational Communication Relative to the CORI Ordinance Advertised by City Council.

Recommend that Three Thousand Six Hundred Ninety Three Dollars And Seventy Four Cents ($3,693.74) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #68C701, Technical Services Capital Equipment, to purchase a replacement printer.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) 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 Forty Thousand Dollars And No Cents ($40,000.00) 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 Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C724, Belmont Street Force Main, to allow for the payment of a portion of anticipated obligations associated with this capital project.

Recommend that Six Thousand One Hundred Twenty Seven Dollars And No Cents ($6,127.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of a photo copier.

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.

Transmitting Informational Communication Relative to Destination Worcester's Receipt of the 2009 Pinnacle Award.

Transmitting Informational Communication Relative to Implementation of the City's Plan to End Homelessness

Transmitting Informational Communication Relative to the Senate Budget's Impact Upon the City's Fiscal Year 2010 Budget.

Transmitting Informational Communication Relative to City Vehicles.

Amending Chapter Five, Section Twenty Six of the Revised Ordinances of 2008 relative to Sewer User Charge (FY 2010).

Amending Chapter Seven, Section Sixteen of the Revised Ordinances of 2008 relative to Water Rates Use Charges (FY 2010).

Amending Chapter Two of the Revised Ordinances of 2008 relative to Fair CORI Practices.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 11 Blanche Street.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install no parking anytime on the west side of Newbury Street opposite Congress Street.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install no parking anytime on the north side of Congress Street from Newbury Street to a point 40 feet east of Newbury Street and on the south side of Congress Street from Newbury Street to a point 20 feet east of Newbury Street.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to amend the time when resident permit parking is in effect on Dayton Street between Sever Street and Fruit Street to 24 hours per day, 7 day per week.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 to rescind the stop signs at the intersection of Westbrook Road entering Chippewa Road and Chippewa Road entering Ellis Drive.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Brightwood Avenue and Hampton Street faces east and westbound traffic on Hampton Street.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Franklin Street and Harding Street faces eastbound traffic on Franklin Street.

Amend Section 71 of Chapter 13 of the Revised Ordinances of 2008 to make it mandatory to turn right from the right lane on Foster Street northbound into Front Street.

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)

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Motion Toomey @ #8.7A CM - Request the City Manager provide City Council with a list of projects that will be funded by the Energy Efficiency and Conservation Block Grant.

Motion Haller @ #8.42D CM - Request City Manager provide data that shows how frequently city vehicles are used during non business hours and break it down by emergency uses and business related uses.

Motion Toomey @ #8.42D CM - Request City Manager report the use of car sharing or an allowance for utilizing space of an employee's own vehicle. Further, request City Manager contact ZipCar concerning their fleet program for municipalities.

Motion Lukes @ #8.42D CM - Request City Manager provide a report concerning the advantage and disadvantages of GPS tracking for all city vehicles.

Councilor Rosen moved to request to suspend the rules to allow the Reports of the Public Health & Human Services Committee be submitted for consideration - Approved.

Motion Petty: Request to disclose for the public record that his wife has a cousin who serves as the director of an organization that is the recipient of CDBG funds.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager request City Council Review, Deliberation, and Approval of Funding Recommendations for the Fiscal Year 2010 Community Development Block Grant (CDBG) Program: recommend adoption of the accompanying four (4) Resolutions.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommend that Four Million Six Hundred Seventy One Thousand Eight Hundred Forty Dollars And No Cents ($4,671,840.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXV 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 adoption of the accompanying Order, as amended, to reduce Account #14S12135 Gardner-Kilby-Hammond by $10,000.00 and increase Account #14S45135 Family Health Center-Info System Upgrade by $10,000.00.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommend that Two Million Three Thousand Six Hundred Eighty Three Dollars And No Cents ($2,003,683.00) be accepted from the U.S. Department of Housing and Urban Development for the Fiscal Year 2010 HOME Program, and be appropriated, when and as received, to Account #18S36710, HOME Program: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommend that Three Hundred Seventy Seven Thousand Three Hundred Eighty Five Dollars And No Cents ($377,385.00) 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 adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommend that Two Hundred Four Thousand Two Hundred Five Dollars And No Cents ($204,205.00) be accepted from the U.S. Department of Housing and Urban Development for the Fiscal Year 2009 Emergency Shelter Grant Program and be appropriated, when and as received to various accounts to provide funding for projects and programs as described: recommend adoption of the accompanying Order.

Motion Clancy - @ #11e - 11i CC - Request City Manager provide the plan relative to the funding of city parks and include the amount of monies to be allocated and a list of those parks.

Motion Clancy - @ #11e - 11i CC - Request City Manager report the requested amount of state and city funds allocated for the Wynn Housing Development Project proposed for Water St.

Motion Clancy - Suspension of Rules - Request City Manager provide the entire list of petitioned streets approved for resurfacing.

Motion Clancy - Suspension of Rules - Request City Manager provide the list of arterial streets that are in need of repair and the cost for these repairs.

Motion Clancy - Suspension of Rules - Request City Council consider altering the method of choosing streets for resurfacing so that the Department of Public Works would recommend streets to City Council for approval.

PETITION - Councilor William J. Eddy on behalf of residents of Boyce St. request “No Trucks Allowed” signs be posted on the Auburn Line of Boyce St.

Motion Smith - Suspension of Rules - Request City Manager provide City Council with a breakdown of the miles for streets and sidewalks per district.