CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MARCH 21, 2006

7:00 P.M.

Convened: 7:08 P.M.

Adjourned: 9:30 P.M.

1. PLEDGE OF ALLEGIANCE

2. STAR SPANGLED BANNER-ALEXANDRA MILLS

3. ROLL CALL - All present except Mayor Murray and Councillor Palmieri. Councillor Palmieri arrived at 7:10 P.M. Mayor Murray arrived at 7:50 P.M.

HEARING AND ORDERS

4. VERIZON NEW ENGLAND, INC. to install and maintain underground conduits, manholes and laterals on: GRAFTON ST., FRANKLIN ST. AND HARDING ST. (Attachments)

5. FIBER TECHNOLOGIES NETWORKS, L.L.C. to install and maintain fiber optic telecommunications facilities on: BRIDGE ST. @ FALLON HOSPITAL. (Attachments)

4a ADOPT

4a. Granting permission to VERIZON NEW ENGLAND, INC. to install and maintain underground conduits, manholes and laterals on: GRAFTON ST., FRANKLIN ST. AND HARDING ST.

5a PETITIONER GIVEN LEAVE TO WITHDRAW

5a. Granting permission FIBER TECHNOLOGIES NETWORKS, L.L.C. to install and maintain fiber optic telecommunications facilities on: BRIDGE ST. @ FALLON HOSPITAL.

6. ITEMS OF CITIZEN INTEREST

6a. ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

PETITIONS

7 & 8 REFERRED TO PLANNING BOARD

7. Dorothy & Maria Riggieri request to make public Camassa Terrace from Shrewsbury St. to Nebraska St. (Attachments)

8. Dorothy & Maria Riggieri request to make public Nebraska St. from Muskeego St. to Camassa Terrace. (Attachments)

9-14 REFERRED TO PUBLIC WORKS

9. Matthew Mullaney et al request to repave entire length of Monadnock Rd. (Attachments)

10. Hossein Haghanizadeh, P.E. on behalf of M.R. Real Estate, Inc. request to extend an 8” PVC sewer and water main westerly on Castine St. an approximate distance of 240 feet. All work to be done at petitioner’s expense and subject to prior agreement and DPW specifications. (Attachments)

11. Hossein Haghanizadeh, P.E. on behalf of M.R. Real Estate, Inc. request to extend an 8” PVC sewer and water main northerly on Danielle’s Way an approximate distance of 889 feet. All work to be done at petitioner’s expense and subject to prior agreement and DPW specifications. (Attachments)

12. Hossein Haghanizadeh, P.E., on behalf of P&P/Angelo Scola request to extend an 8” PVC sewer main northerly on Myrna Rd. an approximate distance of 152 feet. All work to be done at petitioner’s expense and subject to prior agreement and DPW specifications. (Attachments)

13. Hossein Haghanizadeh, P.E., on behalf of Ricciardi Brother, Inc. request to extend an 8” PVC sewer main southerly on Cataract St. an approximate distance of 300 feet. All work to be done at petitioner’s expense and subject to prior agreement and DPW specifications. (Attachments)

14. Hossein Haghanizadeh, P.E. on behalf of Leading Edge, LLC request to extend an 8” PVC sewer main northerly on Bisland Rd. an approximate distance of 740 feet. All work to be done at petitioner’s expense and subject to prior agreement and DPW specifications. (Attachments)

15-18a REFERRED TO TRAFFIC & PARKING

15. Mary MacInnes, Administrator, Worcester Regional Transit Authority, request to create a bus stop and install a bus stop sign on telephone pole #46 on the west side of Providence St. near Doane St., also to create a bus stop and install a bus sign on the opposite side of the street from pole #46. Additionally create a bus stop and install a bus stop sign on the west side of Providence St. on pole #45 and on the opposite side of the street on pole #45-1. (Attachments)

16. Mary MacInnes, Administrator, Worcester Regional Transit Authority, request to remove the following bus stop signs on McKeon Rd. since these are no longer needed: Near Blackstone Valley Rd. and near Beriau & Sons Roofing Co. on pole #2 and across the street on NET & T Co. wood pole #2. Also, on light pole #4 opposite Riverside St. (Attachments)

17. Mayor Timothy P. Murray request that the bus stop located on the north side of Pleasant St. near Tronic Square be moved easterly to a point to the east of Intervale Rd. (Attachments)

18. Mitch Terricciano request to place a commercial loading zone in front of 55 Pearl St. to be in effect Monday – Friday, between the hours of 8:00 a.m. to 6:00 p.m. (Attachments)

18a. Councillor Frederick C. Rushton on behalf of Reverend Weekes of Christ Tabernacle Apostolic Church request to install two (2) handicap parking spaces in front of 1189 Main St. Referred to Traffic & Parking Committee - Suspension of Rules (Attachments)

ORDERS

18b. Request City Manager mail additional notices before elections in September and November to voters in Ward 7, Precinct 5 of the change of voting location from Sullivan Middle School to Hadwen Park Congregational Church. Motion-Petty @ #5A CM – Adopted (Attachments)

18c. Request City Manager provide City Council a report stating how we can effectuate notifying the voting public of the change to the polling location for Ward 7, Precinct 5. Motion-Rushton @ #5A CM – Adopted (Attachments)

18d. Request City Manager consider entering into only a one year lease for space at 44 Front St. for municipal offices. Motion-Perotto @ #8B CM (Attachments)

Motion-Palmieri to amend to: two years, not one

Adopted, as amended

18e. Request City Manager provide City Council with a copy of the lease for office space at 44 Front St. Motion-Lukes @ #8B CM – Adopted (Attachments)

18f. Request City Manager issue a Request for Proposal for the Fire Alarm and Telegraph Building on Park Avenue that requires a response from the public to determine if there is any public interest in this building. Motion-Lukes @ #11A CM – Adopted (Attachments)

18g. Request City Manager provide a report as to the parameters for the RFP process knowing the Fire Alarm and Telegraph Building would have some restrictions because of its location. Motion-Clancy @ #11A CM – Adopted (Attachments)

18h. Request City Manager consider using the City’s web site to create a blog which would include information and pictures that would allow a public discussion on any plans for the future of the Fire Alarm and Telegraph Building. Motion-Lukes @ #11A CM – Adopted (Attachments)

18i. Request City Manager to request the Commissioner of Public Works & Parks to confirm that the section of Plantation Street between Hamilton St. and Rice Square is part of the residential street sweeping program instead of the arterial line program. Motion-Clancy @ #12C CM – Adopted (Attachments)

18j. Request City Manager provide City Council with a report by May 1^st on borrowing funds in this budget cycle specifically for streets and sidewalks. Motion-Murray @ #12E CM – Adopted (Attachments)

18k. Request City Manager report within 30 to 45 days the ability to implement a self-paying program using ticket enforcement officers that would issue fines for trash filled properties similar to the Parking Control Officers efforts for parking. Motion-Murray @ #18A CM – Adopted (Attachments)

18l. Request the City Manager provide City Council with a report on other state’s experiences who have use the Construction Manager Risk Method and whether they may have dropped this method because there were no positive results. Motion-Lukes @ #26A CM – Adopted (Attachments)

18m. Request the City Auditor to file a report on funding voted on Capital Projects in the last 10 years, listing funds, authorized, expended and unexpended, date of authorization, current outstanding debt, grants available, votes rescinded and reauthorized and dates of those votes. Motion-Lukes @ #33B & 33F CM – Adopted (Attachments)

18n. Request City Manager provide a report on what kind of revenues may have been lost as the result of the mistake in the pricing schedules on issuing permits to developers and plans for notifying developers to start collecting the correct costs for permits requested. Motion-Lukes @ #34A CM – Adopted (Attachments)

18o. Request City Manager provide City Council with a cost benefit analysis for leased vs. purchased Fire Department apparatus. (Rushton) – Suspension of Rules – Adopted (Attachments)

18p. Request City Manager provide a report to City Council on the City’s policy regarding the continued use of magnetic caps on fire hydrants. (Haller) – Suspension of Rules – Adopted (Attachments)

18q. Request City Manager provide a report on the status of the City’s strategies and progress on such for involving neighborhoods in Emergency/Crisis Response. (Haller) – Suspension of Rules – Adopted (Attachments)

18r. Request City Manager request a meeting with Lt. Governor Healey regarding SMOC and its operations in Worcester. (Haller) – Suspension of Rules – Adopted (Attachments)

18s. Request that the Standing Committee on Rules consider an amendment to the City Council Rules on the issue of voting reconsideration when an item is brought before City Council under suspension without an emergency issue requiring immediate action. (Lukes) – Suspension of Rules – Adopted (Attachments)

19. COMMUNICATIONS OF THE CITY MANAGER

MICHAEL V. O’BRIEN

CITY MANAGER

CITY COUNCIL CALENDAR FOR MARCH 21, 2006

APPOINTMENTS

1. NON-CITY COUNCIL CONFIRMATION:

A. Notification of Constable appointment. (Attachments) Placed on file

B. Notification of the appointment of Elaine Wrubel to the Senior Center Committee of the Elder Affairs Commission. (Attachments) Placed on file

C. Notification of the re-appointment of Elizabeth Marangos to the Off-Street Parking Board. (Attachments) Placed on file

D. Notification of the re-appointment of Herbert Donahue to the Parks and Recreation Commission. (Attachments) Placed on file

2. CITY COUNCIL CONFIRMATION:

A. Notification of the re-appointment of Richard Eid to the Worcester Redevelopment Authority. (Attachments) Appointment confirmed on a roll call 10-0 (Murray absent)

TRANSMITTALS

EXECUTIVE OFFICE OF THE CITY MANAGER

3. AIRPORT DIVISION:

4. CABLE SERVICES DIVISION:

5. ELECTION COMMISSION DIVISION:

A. Communication relative to a new location for the polling place for voters of Ward 7, Precinct 5. (Attachments) Placed on file

6. HUMAN RESOURCES DIVISION:

7. WORKFORCE DEVELOPMENT:

OFFICE OF ECONOMIC DEVELOPMENT

8. ECONOMIC DEVELOPMENT DIVISION:

A. Request City Council’s review, consideration and approval of the Order which authorizes me to accept and execute easements for Arboretum Subdivision. (Attachments) Referred to Public Works Committee

B. Communication relative to the relocation of the Economic Development, Neighborhood and Housing Development, and Planning and Regulatory Services offices. (Attachments) Placed on file

9. NEIGHBORHOODS & HOUSING DEVELOPMENT:

10. PLANNING AND REGULATORY SERVICES DIVISION:

DEPARTMENT OF PUBLIC WORKS & PARKS

11. ENGINEERING & ARCHITECTURAL SERVICES DIVISION:

A. Communication relative to a building study of the Fire Alarm and Telegraph Building on Park Avenue. (Attachments) Referred to Youth, Parks and Recreation Committee

12. OPERATIONS DIVISION:

A. Request City Council’s approval of a subsurface easement to provide service to the new Worcester Technical High School and existing Department of Public Works and Parks facility on Skyline Drive. (Attachments)

Order adopted on a roll call 10-0

B. Communication relative to the Keep Worcester Clean (KWC) January Activity report. (Attachments) Referred to Public Works Committee

C. Communication relative to the leaf composing operation. (Attachments) Referred to Public Works Committee

D. Communication relative to a report on floor drain dye testing. (Attachments) Referred to Public Works Committee

E. Request City Council’s review, consideration and selection of the streets to be resurfaced over the next two to three years from the 2006 Street Resurfacing Program list. (Attachments) Referred to Public Works Committee

F. Request City Council’s approval to discontinue a portion of Worcester Center Boulevard for street purposes and remove it from the Official Map. Further request City Council’s approval to retain this portion of Worcester Center Boulevard for park purposes. (Attachments) Referred to Planning Board

The following people spoke concerning #12F CM:

1. Francis Carroll, 11 Hancock Hill Dr., Worcester

2. James McDonald, Shrewsbury resident, Commander of Korean War Veterans of Central Massachusetts

3. Michael Pagano, 14 East Worcester St., Lamoureux Pagano

Associates Architects

13. PARKS DIVISION:

PUBLIC SAFETY DEPARTMENTS

14. COMMUNICATIONS DEPARTMENT:

15. FIRE DEPARTMENT:

A. Communication relative to a new law dealing with carbon monoxide alarms in residential buildings. (Attachments) Referred to Public Safety Committee

B. Request that City Council accept with gratitude, a donation in the amount of $100.00 from the Higgins Armory Museum. (Attachments) Order adopted with gratitude

16. LICENSE COMMISSION:

17. POLICE DEPARTMENT:

A. Request City Council review, consideration and adoption of the resolution to file and accept an FY06 Statewide Bicycle Helmet Distribution Program Grant. (Attachments) Resolution adopted

B. Communication relative to training for command staff at the Worcester Police Department. (Attachments) Referred to Public Safety

DEPARTMENT OF HEALTH & HUMAN SERVICES

18. CODE ENFORCEMENT DIVISION:

A. Communication relative to the cleanup of the Holiday Inn property on 500 Lincoln Street. (Attachments) Placed on file

19. DISABILITY DIVISION:

20. ELDER AFFAIRS DIVISION:

21. HUMAN RIGHTS DIVISION:

22. HUMAN SERVICES DIVISION:

23. PUBLIC HEALTH DIVISION:

24. PUBLIC LIBRARY:

25. VETERANS’ SERVICES DIVISION:

LAW DEPARTMENT

26. LEGAL DIVISION:

A. Communication relative to utilizing the construction Manager Risk Method for bidding public projects. (Attachments) Referred to Commerce & Development Committee

PUBLIC SCHOOL DEPARTMENT

27. PUBLIC SCHOOLS:

DEPARTMENT OF ADMINISTRATION & FINANCE

28. ASSESSING DIVISION:

29. BUDGET OFFICE DIVISION:

30. PURCHASING DIVISION:

31. TECHNICAL SERVICES DIVISION:

32. TREASURY & COLLECTIONS DIVISION:

FINANCE ITEMS

33. FINANCE DIVISION:

A. Recommend that Five Thousand Four Hundred Twenty Two Dollars and Seventy Cents ($5,422.70) be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #27C701, Communications Capital Equipment, for the purpose of purchasing a replacement copier. (Attachments) Order adopted on a roll call 11-0

B. Recommend that Fifty One Thousand Four Hundred Sixty Nine Dollars ($51,469.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #55C700, Worcester Public Library Rehabilitation, for the purpose of payment of contractual obligations related to boiler repairs at the Main Library. (Attachments) Order adopted on a roll call 11-0

C. Recommend that Four Hundred Thousand Dollars ($400,000.00) be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of contractual obligations related to various water main improvements, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

D. Recommend that One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C761, Surface Drainage, to provide funds for the purpose of payment for contractual obligations related to various citywide surface drainage improvements, as approved in the Capital Improvements Program. (Attachments) Order adopted on a roll call 11-0

E. Recommend that One Hundred Forty Thousand Five Hundred Eight Dollars and Two Cents ($140,508.02) be transferred when and as received from Account #91C731, Water Capital Equipment, and appropriated to Account #45C703, Water Department Capital Equipment, for the purpose of purchasing the following pieces of capital equipment:

(1)	Utility Tractor	$ 38,462.02
(1)	4 WD Backhoe Loader	$102,046.00

for the Water Division, as approved in the fiscal 2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

F. Recommend that Thirty Three Thousand Three Hundred Ninety Dollars and Thirty Three Cents ($33,390.33) be transferred when and as received from Account #91C780, Citywide Capital Equipment, and appropriated to Account #72C701, Parks Capital Equipment, for the purpose of purchasing the following pieces of capital equipment:

(1)	Hydro Seeder	$ 3,039.00
(1)	Portable Air Compressor	$13,981.00
(6)	Computer Upgrades	$ 4,124.53
(4)	Color Laser Printer/Ink	$ 5,297.68
(1)	Laptop Computer	$ 2,034.12
(4)	Vehicle Radios	$ 4,914.00

for the Park Division, as approved in the fiscal 2005/2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

G. Recommend that Four Hundred Forty Thousand Eight Hundred Forty Six Dollars ($440,846.00) be transferred when and as received from Account #91C734, Sewer Division Capital Equipment, and appropriated to Account #44C704, Sewer Division Capital Equipment, for the purpose of purchasing the following pieces of capital equipment:

(1)	Catch Basin Cleaner	$160,113.00
(1)	Sewer Flusher	$155,002.00
(1)	Dump Truck	$125,731.00

for the Sewer Division, as approved in the fiscal 2006 Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

H. Recommend that Forty Thousand Dollars ($40,000.00) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #410203-92000, Signal Maintenance, to provide funding for replacement or repairs to traffic signal equipment. (Attachments) Order adopted on a roll call 11-0

I. Recommend that Twenty Four Thousand Four Hundred Ninety Dollars ($24,490.00) be transferred from Account #2W-33100, Water Enterprise Retained Earnings, and appropriated to Account #4500105-92208, Water Filtration Ordinary Maintenance, to sustain routine maintenance of the Water Filtration plant due to increased costs for natural gas. (Attachments) Order adopted on a roll call 11-0

J. Recommend that Fifteen Thousand Three Hundred Eighteen Dollars ($15,318.00) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #260-92000, Fire Department Ordinary Maintenance, to provide funding for repairs to property damage at the Brown Square Fire Station. (Attachments) Order adopted on a roll call 11-0

K. Recommend that Thirty Thousand Dollars ($30,000.00) be transferred from the following accounts:

ACCOUNT	DESCRIPTION	AMOUNT
91C780	Capital Equipment	$13,700.00
900-92000	City Manager’s Contingency	$16,300.00
	Total	$30,000.00

And appropriated to the following accounts:

ACCOUNT	DESCRIPTION	AMOUNT
04C745	Planning & Regulatory Cap. Equip.	$13,700.00
045-92000	Planning & Regulatory Ord. Maint.	$16,300.00
	Total	$30,000.00

to provide funding for capital equipment purchases and relocation costs for Economic Development, Planning & Regulatory Services and Neighborhood Services. (Attachments) Order adopted on a roll call 11-0

L. Recommend that Thirty Thousand Dollars ($30,000.00) be transferred from the following account:

ACCOUNT	DESCRIPTION	AMOUNT
900-92000	City Manager’s Contingency	$19,000.00
610-91000	Admin. & Finance Pers. Services	$11,000.00
	Total	$30,000.00

and appropriated to Account #610-92000, Administration & Finance Ordinary Maintenance, to pay for travel & meal expense reimbursements and the fiscal 2007 Annual Budget and Capital Improvement Plan documents. (Attachments) Order adopted on a roll call 11-0

M. Recommend that Six Thousand Five Hundred Dollars ($6,500.00) be transferred from Account #100-91000, City Clerk Personal Services, and appropriated to Account #100-92000, City Clerk Ordinary Maintenance, to provide funding for needed repairs to office equipment and additional office supplies. (Attachments) Order adopted on a roll call 11-0

N. Recommend that Twenty Five Thousand Dollars ($25,000.00) be transferred from Account #120-91000, Law Department Personal Services, and appropriated to Account #120-92000, Law Department Ordinary Maintenance, to provide funding to retain expert witnesses in the City Hall Plaza/Garage case and to continue the use of outside legal counsel in a wrongful termination case. (Attachments) Order adopted on a roll call 11-0

O. Recommend that Twelve Thousand Four Hundred Dollars ($12,400.00) be transferred from Account #900-92000, City Manager’s Contingency, and appropriated to Account #040-92000 City Manager’s Ordinary Maintenance, to pay for St. Patrick’s Day Parade sponsorship, Festival of Lights, ICMA dues, and other unforeseen expenses in the City Manager’s Office. (Attachments) Order adopted on a roll call 11-0

MISCELLANEOUS TRANSMITTALS

34. MISCELLANEOUS CALENDAR ITEMS:

A. Communication relative to my administration’s efforts to submit a balanced budget. (Attachments) Placed on file

20. RECESS TO FINANCE AND ORDINANCE – No action taken

FINANCE

a. #29a CM January 31, 2006

Communication of the City Manager regarding a fiscal year 2006 status report on the number of, and the amount of, Federal and State grants written, awarded, and pending approval by the appropriate Federal and State agencies. (Attachments)

b. #29b CM January 31, 2006

Communication of the City Manager relative to Governor Romney’s proposed budget for Fiscal 2007, including his recommendations for local aid for the City of Worcester. (Attachments)

COMMUNICATIONS

21. James A. DelSignore, City Auditor, transmitting a report concerning pending legislation which could potentially increase the Unfunded Actuarial Accrued Liability (UAAL) of the Worcester Retirement System. (Attachments) Referred to Legislative Affairs Committee

22. James A. DelSignore, City Auditor, transmitting a report that explains the Bills that would increase the Unfunded Actuarial Accrued Liability of the Worcester Retirement System. (Attachments)

Referred to Legislative Affairs Committee

23. Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau transmitting Benchmarking Public Education in Worcester: 2006. (Attachments) Referred to Education Committee

REPORTS

24 REFERRED TO PUBLIC WORKS COMMITTEE FOR A HEARING

24. Report of the Planning Board Upon the Petition of Attorney Jonathan Finkelstein on behalf of Afra Realty request to make public Reardon St. a developer street and add it to the official map. (Attachments)

25 ACCEPTED & ADOPTED ON A ROL CALL 11-0 RECONSIDERATION DENIED ON A ROLL CALL 2-9 (Lukes, Petty – No) – Suspension of Rules

25. REPORT OF THE COMMITTEE OF PUBLIC WORKS Upon the Communication of the City Manager recommending that a highway layout adopted by the Mass Highway on behalf of the City through the former Metals Recycling property be discontinued as a public street: recommend adoption of the accompanying order That City Layout Section 2 of the Massachusetts Highway Department Layout No. 7493 and Order of Taking (the “Locus”) be discontinued as a public way, That the Official Map be altered to remove the Locus, That care, custody and control of Parcel A on the Conveyance Plan be transferred to City Manager for disposition purposes and Authorize & Request the City Manger to execute a deed conveying Parcel A to Madison Worcester Holdings, LLC for $22,000.00 and upon such other terms as in the best interests of the City. (Attachments)

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

MARCH 20, 2006 3:30 P.M.	MUNICIPAL OPERATIONS	COUNCIL CHAMBER
MARCH 22, 2006 6:00 P.M.	HOUSING & NEIGHBORHOOD REVITALIZATION	COUNCIL CHAMBER
MARCH 23, 2006 1^ST Session: Noon to 1:30 P.M. 2^nd Session: 6:00 P.M. to 7:30 P.M.	JOINT COMMERCE & DEVELOPMENT AND PUBLIC SERVICE & TRANSPORTATION	COUNCIL CHAMBER

MARCH 27, 2006 3:30 P.M.	COMMUNITY DEVELOPMENT	COUNCIL CHAMBER

APRIL 3, 2006	LEGISLATIVE AFFAIRS	COUNCIL CHAMBER
6:00 P.M.
APRIL 26, 2006	TRAFFIC & PARKING	COUNCIL CHAMBER

5:30 P.M