CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 24, 2007

Council Chamber

Convened: 7:00 P.M.

Adjourned: 10:25 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NATIONAL GRID for electric cable and conduit system in: PRESCOTT ST.

Granting permission to NATIONAL GRID for electric cable and conduit system in: PRESCOTT ST.

Hearing - VERIZON NEW ENGLAND, INC. for conduit location in: SHORE DR.

Granting permission to VERIZON NEW ENGLAND, INC. for conduit location in: SHORE DR.

Mayor Lukes to supspend the rules to allow Mark Jewel, a 1997 Virginia Technical Institute graduate, to speak regarding the events of April 16, 2007 and request the City Council send a letter of condolense.

Kevin McManus of Structura, LLC on behalf of Leonid Turchinsky request to change the zoning map of the City of Worcester by placing an Adaptive Reuse Overlay District (AROD) over certain parcels of property abutting Lamartine St.

Samuel Gyan request to make public Woodward St.

Councilor Gary Rosen request sidewalks on the west side of Lovell St. between Lakeside Ave. and Garland St. be repaved.

George Billias request repair or replacement of sidewalk in front of 48 Ellis Dr.

Russell McBride request repair or replacement of sidewalk in Glenwood St. from the corner of Benefit St. and Glenwood St. to #2 Glenwood St.

Michael Smith request sidewalk repair in front of 18 Beverly Rd.

Jeanette Lemerise request to remove handicap parking signs in front of 19 Fairmont Rd.

Paulette Lacoste et al of Pernet Family Health Service request to make the intersection of Seymour St. and Millbury St. a Four-Way Stop.

Councilor Barbara G. Haller on behalf of Boys & Girls Club of Worcester request to make Tainter St. one-way northbound between Gardner St. and Beacon St.

William Breault, Chairperson of the Main South Alliance For Public Safety, request an ordinance to place restrictions to prevent illegal use of BB guns, pellet guns and air rifles. In addition, I would like to inquire about the F.I.D. requirements in the City and age restrictions, if any. Would the City of Worcester consider an outright ban or restrictions of BB guns, pellet guns and air rifles?

Transmitting Informational Communication Relative to the Cost to Expand Pre-Employment Physicals.

Transmitting Informational Communication Relative to a List of the Top 250 City Wage Earners by Department and Annual Income.

Transmitting Informational Communication Relative to the Union Station Rental Rate.

Transmitting Informational Communication Relative to the 2010 Census Initiative.

Recommend City Council Approval for the attached Funding Recommendations for Year 33 CDBG, HOME, ESG, ADDI, and HOPWA.

This item is linked to 9.35 D, E, F & G

Transmitting Informational Communication Relative to a Summary Report for the 2006 Resurfacing Program.

Transmitting Informational Communication Relative to the Streets Scheduled for 2008 Resurfacing.

Transmitting Informational Communication Relative to the Millbury Street Leaf and Yard Waste Composting Manual.

Informational Communication Regarding the Quinsigamond Avenue Gateway I Project.

Recommend Adoption of an Order of Easement for Mountain Street West.

Transmitting Informational Communication Relative to the Rain Storm of April 15 - April 16, 2007.

SUPPLEMENTAL: Transmitting Informational Communication Relative to FY2008 Water and Sewer Rate Recommendation.

Transmitting Informational Communication Relative to a Scheduled Public Hearing to Discuss the Master Plan for Newton Hill.

SUPPLEMENTAL: Transmitting Informational Communication Relative to a Master Plan for Aquatics in the City of Worcester.

Recommend Adoption of a Resolution to File and Accept an FY07 Assistance to Firefighters Grant.

Recommend City Council Approval of the Attached Ordinance Amending the Salary of the License Commission.

Recommend City Council's Adoption of the Attached Resolution to File and Accept a Grant from the Center for Disease Control (CDC) to Improve Public Health through Translation Research.

Recommend Adoption of a Resolution to File and Accept an EPA Healthy Community Grant.

Recommend Adoption of an Ordinance to Return City Council's Salary to Previous Levels.

Transmitting Informational Communication Relative to a Legal Opinion Regarding Executive Session Discussions on the Upper Blackstone Water Pollution Abatement District.

Transmitting Informational Communication Relative to the Legality of the EPA and DEP Mandates for the Upper Blackstone Water Pollution Abatement District.

Transmitting Informational Communication Relative to Property Tax Revenue Increases from the Worcester Crossing Retail Project.

Recommend City Council Adoption of the Attached Order Authorizing the City Manager to Accept the Deed to the Major Taylor Boulevard Garage.

Recommend City Council approval of the attached Fiscal Year 2008 Budget.

Informational Communication Relative to the City of Worcester's Recent Collection Initiatives Being Used to Increase Tax Revenues.

Recommend Adoption of the Attached Order for the Transfer of Jurisdiction of the Foreclosed Tax Title properties Located at 240 Coburn Ave. and 0000 Roosevelt Ave. from the Tax Title Custodian to the Conservation Commission.

Recommend that Five Hundred Seventy Seven Thousand Nine Hundred Fifty Dollars And No Cents ($577,950.00) be transferred from Account # 91C752, Union Station Garage, and be appropriated to Account # 04C748, Union Station Garage, for expenses associated with the design, construction and project management of Union Station Garage.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C768, Water Filtration Plant to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Seven Hundred Thousand Dollars And No Cents ($700,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current invoices and anticipated obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C727, Franklin Street Fire Station, and be appropriated to DPW Account #41C726, Franklin Street Fire Station, to allow for the payment of current and anticipated obligations.

Recommend that Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Recommend that Six Thousand Dollars And No Cents ($6,000.00) be transferred from Loan Account # 91C711, City Wide Rehabilitation, and be appropriated to Account # 11C702, City Messenger Rehabilitation, to allow for final payments and project closeout.

Recommend that Fifty Three Thousand Six Hundred Dollars And No Cents ($53,600.00) be transferred from Loan Account # 91C784, Park Improvements, and appropriated to Parks Account # 72C704, Bear Brook Rehabilitation, to allow for payments of current and anticipated obligations.

Recommend that Thirty Four Thousand Six Hundred Dollars And No Cents ($34,600) be transferred from Loan Account # 91C711, City Wide Rehabilitation, and be appropriated to Account # 11C702, City Messenger Rehabilitation, to allow for contractually obligated payments for the City Hall Window Project and the HVAC/Chiller Project.

Recommend that Thirty Seven Thousand Ninety Eight Dollars And Forty Eight Cents ($37,098.48) be transferred from Account # 330-07, Damage Repair, and be appropriated to Account #250-92000, Police Department Ordinary Maintenance, for the purpose of repairing police vehicles damaged in accidents.

Recommend that One Hundred Seventeen Thousand Nine Hundred and Thirty Dollars ($117,930) be transferred from Account # 330-10, Sewer Construction Permits and Fifty Four Thousand Dollars ($54,000) be transferred from Account #330-12, Construction Insection Fees, to provide sufficient operating funds for Engineering & Architectural Services. This transfer represents approved FY 2007 Budgetary Salary Credits.

Recommend that One Hundred Seventy Nine Thousand One Hundred Seventy Eight Dollars And Forty One Cents ($179,178.41) be transferred from Account # 330-04, Reserve for Appropriation, 1% Federal Reimbursement and be appropriated to various accounts for the purpose of providing indirect services related to certain Federal and State Grants.

Recommend that Four Million Seven Hundred Fifty Three Thousand Four Hundred Forty Eight Dollars And No Cents ($4,753,448.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXIII Community Development Block Grant Program and appropriated, when and as received, to various accounts to provide financing for projects and programs as described.

This item is linked to Item 9.9B

Recommend that One Million Eight Hundred Fifty Five Thousand One Hundred Thirty Two Dollars And No Cents ($1,855,132.00) and Thirty Thousand One Hundred Ninety Nine Dollars And No Cents ($30,199.00) be accepted from the U.S. Department of Housing and Urban Development for the FY 2007 HOME Program and American Dream Downpayment Initiative (ADDI) Program, respectively, and appropriated, when and as received, to Account # 18S367, Home Program.

This item is linked to 9.9B

Recommend that Two Hundred Five Thousand One Hundred Seventy Three Dollars And No Cents ($205,173.00) be accepted from the U.S. Department of Housing and Urban Development for the FY 2008 Emergency Shelter Grant Program and be appropriated, when and as received, to various accounts to provide funding for projects and programs as described.

This item is linked to 9.9B

Recommend that Three Hundred Forty Nine Thousand Dollars And No Cents ($349,000.00) be accepted from the FY 2008 Housing Opportunities for Persons with AIDS program and be appropriated, when and as received, to various accounts to provide funding for projects and programs described.

This item is linked to 9.9B

Recommend that a One Hundred Twenty Eight Thousand Dollars And No Cents ($128,000.00) be transferred from Account #330-03, Off Street Parking Reserves and One Hundred Forty Thousand Dollars and No Cents ($140,000.00) be transferred from Account #330-04, Parking Meter Reserves, and be appropriated to Account #4102-91000, DPW Regular Salaries to provide sufficient operating funds for Engineering & Architectural Services. This transfer represents approved FY 2007 Budgetary Salary Credits.

Recommend that Ten Thousand One Hundred Sixteen Dollars And No Cents ($10,116.00) be transferred from Account # 170-91000, Human Resources Personal Services, of which Seven Thousand Six Hundred Sixteen Dollars and No Cents ($7,616.00) be appropriated to Account # 170-92000, Human Resources Ordinary Maintenance and Two Thousand Five Hundred Dollars and No Cents ($2,500.00) be appropriated to Account #170-93000, Human Resources Capital Outlay, to fund various unforeseen expenses.

Recommend that Eighty Five Thousand Dollars And No Cents ($85,000.00) be transferred from Account #171-92000, Workers' Compensation Ordinary Maintenance, and be appropriated to Account #174-92000, IOD Ordinary Maintenance, to fund additional FY 2007 IOD costs.

Recommend that Sixty Three Thousand Dollars And No Cents ($63,000.00) be transferred from Account #662-94100, Debt Service Interest, and be appropriated to Account # 170-92000, Unemployment Compensation, to fund Unemployment Compensation for the remainder of FY 2007.

Recommend Adoption of a Resolution Expressing Gratitude to Polar Beverages for a Donation of Water to the Residents of Lincoln Park Towers.

James A. DelSignore, City Auditor, transmitting communication relative to March 2007 Auditor's Report.

James A. DelSignore, City Auditor, transmitting communication relative to a schedule comparing rates charged for liquor licenses in Worcester and various communities.

That the City Council of the City of Worcester hereby recognizes the WPI/Mass Academy FIRST for winning the 2007 FIRST (For Inspiration and Recognition of Science and Technology) World Championship title at the robotics competition held at the Georgia Dome in Atlanta on April 14, 2007. (Toomey)

REPORT OF THE PLANNING BOARD Upon the Petition of Mary Holley request to extend the BG-3.0 zone in Bellevue St. to include 33 Bellevue St. which is currently zoned RG-5.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager relative to revised version to the proposed Wind Energy Conversion Facilities amendment to the City's Zoning Ordinance.

REPORT OF THE PLANNING BOARD Upon the Petition of Anthony Vigliotti request that Vig's Way be made a public way.

REPORT OF THE PLANNING BOARD Upon the Petitions of Theresa Cosenza Trotto, Jitesh Pratap & Priya Bhatnagar, Regina DeJesus, Justice Bortey and Jennifer Malkasian request to acquire, improve, layout and decrees a public way along and within the bounds of the existing 30 foot wide common driveway that serves certain residential properties along Plantation St. and Wigwam Hill Dr.

Amend Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a Zone Change in the Pleasant St. Area.

Amend Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a Zone Change in the Main St. Area.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 2 Shamrock St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking opposite 132 Institute Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 597 Millbury St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 208 Pilgrim Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 49 Litchfield St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 34 Lancaster St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap parking in front of 15 Clay St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to providing for Stop Sign on Dixfield Rd. at Idala Rd. facing northbound traffic on Dixfield Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Two Hour Parking 8am to 5pm Monday to Friday on the north side of Winter St. from a point 50' east of Harding St. to a point 70' west of Grafton St.

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)

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Chairman's Order from the Committee on Military Affairs - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled - Clancy March 6, 2007)

Order of Michael C. Perotto - Request City Manager provide City Council with an updated report regarding "Destination Worcester" for the purposes of economic development. (Tabled - Lukes April 10, 2007)

Order of Councilor Michael C. Perotto - Request City Manager provide City Council with a report concerning Beaver Brook bridges for the purpose of public safety. (Tabled - Lukes April 10, 2007)

Motion-Clancy @#9.9A CM - Request City Manager provide City Council with a report as to the volume of the mailing and the cost for including a return pre-paid envelop in future census mailers.

Motion-Clancy @#9.12C CM - Request City Manager report to City Council the state figures for the amount of traffic that will be traveling in I-290 and Quinsigamond Ave. to determine the need for two lanes in that northbound configuration.

Motion-Clancy @#34A-I CM - Request City Manager submit to City Council an update concerning the status of the Levi Lincoln Council Chamber.

Motion-Clancy @#12d CC - Request City Manager request the Commissioner of Public Works & Parks in conjunction with the City Solicitor provide City Council with a report concerning the steps that would be necessary to make the portion of Wigwam Hill Dr. known as Patriot's Landing a public street.

Motion-Petty @#30B CM - Request City Manager provide an analysis of varying trash bag fee increases and how theses variations would affect the calculating of property taxes.

Motion-Haller @#9.30B - Request City Manager notify the Neighborhood Associations and business groups of the budget hearing schedule.

Motion-Clancy @#9.13B CM - Request City Manager survey the cost of memberships to private clubs and colleges with swimming facilities for inner city children during the summer months and consider the using CDBG monies for this.

Motion-Haller- Susupension of Rules - Request City Manager report on the health of the water and sewer system in the area of 1 Clapp St., through Washburn St. to Southbridge St. Further, request report to include information on the street collapse of several years ago, its repair and persistent problems, how the city now response when complaints of sewage backup, poor water pressure, etc. are made, and any recommendations the administration has for improving the situation.

Resolution-Rushton - That the City Council of the City of Worcester hereby sends their wishes for a speedy recovery to one of its greatest citizens, Nathl Mencow, who is recovering from a stroke. We need him back in the schools to help educate our children on one of the greatest conflicts of the century.

Motion-Rushton, Palmieri, Clancy, Smith, Toomey and Petty-Suspension of Rules - Request City Manager consider spending any unexpended balances dedicated in the FY07 budget to Parks improvements including CDBG monies be dedicated to improving Little League Fields including but not limited to Mulcahy Field, Lou Gehrig LL Field, and DiMaggio LL Field and Barry LL Field, to ensure the fields meet basic standards of safety and amenities traditionally associated with ball fields.

Motion-Rushton-Suspension of Rules - Request City Manager examine the most recent parking study concerning the revenues that would be generated from a one-time sale and the impact to downtown parking consumers. Further, also request a legal opinion concerning the feasibility of selling the Green Hill Golf Course this year.

Motion-Toomey-Suspension of Rules - Request City Manager identify departments throughout the city including schools which have duplicate services and report back to City Council the feasibility and potential cost savings if consolidated.

Motion-Lukes @#6a CC - That the City Council of the City of Worcester send a letter of condolences to Virginia Technical Institute.