CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 27, 2008

Council Chamber

Convened: 7:59 P.M.

Adjourned: 8:59 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NATIONAL GRID and VERIZON NEW ENGLAND, INC for joint or identical pole relocation in: WEST BOYLSTON ST.

Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC for joint or identical pole relocation in: WEST BOYLSTON ST.

Mayor Lukes read a proclamation proclaiming May 25 thru May 31st to be called Older Americans Mental Health week. Councilor Eddy presented the proclamation to Elizabeth Connell, Assistant Director of Elder Affairs.

Mayor Lukes recognized visitors from St. Petersburg; Russia, they are a group of directors of non-profit organizations promoting human rights activists and tolerance in Russia. Their trip is funded by US Agency for International Development and their program in organized and hosted in Worcester by the International Center.

Motion Mayor Lukes suspended the rules to allow Virgina Ryan to speak to City Council relative to MGL Chapter 32 section 18 Medicare Part B.

Motion Councilors Clancy and Rushton: Request to be recused from participating prior to the above discussion and adoption of items #8k thru 8p - Approved on a roll call vote of 9 Yeas and 0 Nays.

Councilor Joffrey A. Smith on behalf of Attila & Joan Kariko request the dead city shade tree in front of 1 Massachusetts Ave. be removed and that another tree be planted in its place.

Councilor William J. Eddy on behalf of Joseph Richard request to install a street light in front of 92 Prouty Lane.

Carla Clark request abatement of sewer assessment #31036 in the amount of $1,843.38 in Shepard St.

Nancy Koutsoukounis request the installation of a guardrail in front of 256 Heard St.

Emma Cariglia request to repair guardrail in front of 144 Heywood St.

Margaret Moriarty request sidewalk repair at 57 Howland Terrace.

Councilor William J. Eddy on behalf of Walter Zawalich request to install a handicap parking space in front of 13 Mildred Ave.

Adam Rosado request to install a crosswalk in Main St. and Ripley St.

Thomas Romano request to install one hour parking from 70 to 76 Lake Ave.

Lucille Carrier request to remove residential parking in Marshall St. from Shrewsbury St. to Wilson St.

Raymond Kelley, Jr. request to install a handicap parking space in front of 4 Clara St.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider placing conditions on licenses, permits etc. that would protect the city against failed businesses.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager investigate requiring all retail stores to have standard trash receptacles as well as the responsibility for proper disposal.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider how the City of Worcester may participate in the Local First program.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the Purchasing Director provide City Council with a list of the barriers to the awarding of contracts to local businesses.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide the City Council with estimates of the cost that would be incurred if a program was implemented for picking up large items around the city on a regular basis.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council plans and timeline for development of 95 Grand Street.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council how city residents might be given preference in future hirings.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with information on the statewide effort to expand the bottle bill, and, additionally request whether or not said expansion, if it fails statewide, might be expanded locally only.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council an amendment to the city sign ordinance to disallow the posting of certain temporary and/or permanent signage onto the exteriors of retail buildings as part of a larger pro-active effort to rid our neighborhoods of unsightly advertising.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide City Council with a quarterly report concerning actions of Health Department staff in reference to issues surrounding retail advertising.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request the City Solicitor to provide City Council with clarification of the votes needed in City Council for approval of provisions of Massachusetts General Laws with reference to health insurance for public employees and public retirees, and further, whether the City Council has sole authority to enact changes pursuant to acceptance of provisions of state law, or, if their acceptance requires additional concurrence by the City Manager before City Council action is effective.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request the City Solicitor to inform City Council whether provisions of the Massachusetts Health Care Reform Act pertain only to active public employees, or also pertain to retired public employees.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager meet with members of the coalition of retired City of Worcester employees to discuss Medicare Part B.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager report to City Council concerning the feasibility of partial funding by the City of the costs of Medicare Part B according to the income level and years of service of the individual retiree similar to the partial funding of health care costs for active employees.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager provide City Council with a summary breakdown of the cost savings realized by health care coverage changes that have been enacted affecting City of Worcester retirees.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Auditor inform City Council of the number and names of Massachusetts cities and towns that have accepted MGL Chapter 32B, Section 18 and have funded payments for Medicare Part B.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager communicate with Massachusetts Veterans, Inc. and report to the City Council concerning the needs of veterans across our community and how veterans might better take advantage of the services that are available to them.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with the documentation explaining the cost increase for improvements to Vernon Hill Park.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager update City Council concerning any discussions his administration is having with either Worcester Academy or the Commonwealth concerning a maintenance partnership of the various contiguous recreational components at Vernon Hill Park.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request Chairperson of the Standing Committee on Economic Development consider inviting the members of the Standing Committee on Public Health and Human Services when considering the Communication of the City Manager dated December 3, 2007 concerning the recommendations of the Commission on Homelessness.

Request the City Manager include the $250,000 realized as a result of new negotiations with MassPort in the Fiscal Year 2009 budget of the Worcester Public Schools for the purpose of reducing class size or increasing funding for instructional materials or for implementing new technologies. (Rushton, Toomey, Germain, Rosen, Smith, Eddy)

Request City Manager investigate the feasibility of contracting with a private vendor to conduct a dependent audit concerning participation in the City of Worcester medical insurance plans, ultimately realizing cost savings to the City of Worcester. (Germain, Petty, Rushton, Smith)

Request City Manager provide immediately to City Council the report requested on May 6th, 2008; “Request the City Manager to provide the City Council with a report of all unexpended balances in city accounts as of May 1st for the May 13th Finance Committee meeting.” (Rushton)

Request City Manager present to City Council a plan to reduce the Worcester Fire Department response time to the upper Salisbury St area, currently the longest times in the city. Such a plan should include an analysis of building a new fire station in the area and exploring a partnership with the Holden Fire Department. (Smith, Eddy)

Request City Manager identify businesses, such as Saint Gobain, that may use CSX for transportation purposes and request them when, and if feasible, to consider using other means of transport or other transportation companies. Further, request City Manager contact other towns along the railroad's path to request they reach out to companies in their communities to do same. (Rushton, Palmieri, Clancy, Smith, Toomey, Petty, Germain)

Request City Manager contact Congressman James McGovern to request that he provide the City of Worcester with the number and dollar amount of federal earmarks or federal subsidies that are allocated to CSX, its subsidiaries, and natural partners. (Rushton, Palmieri, Clancy, Smith, Toomey, Petty, Germain)

Request City Manager contact Mass Highway to determine if a lead green light could be installed for eastbound traffic on Route 20 at the intersection of Sunderland Road.(Clancy, Toomey)

James A. DelSignore, City Auditor, transmitting communication relative to a Comparison of Salaries between City and School Administrative Positions.

James A. DelSignore, City Auditor, transmitting communication relative to April 2008 Auditor's Report

Michael V. O'Brien, City Manager, transmitting communication relative to a proposed amendment to the CitySquare District Improvement Financing (DIF) Plan and an amendment to the CitySquare Permit Fee Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending City Council review, deliberation and adoption of the attached Order transferring jurisdiction and custody of the attached list of tax foreclosed properties from the Division of Neighborhoods and Housing Development to the City's Treasurers Office: recommend adoption of the accompanying Order excluding the conveyance of 9 Davis St. and 39 Jacques Ave.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending City Council review, consideration and adoption of the attached Order to allow for the sale of 2 Lanesboro Road under the Abutters Lot Program: recommend adoption of the accompanying Order transferring the land with a deed restriction that no more that 2 single family dwelling units are constructed on this parcel.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Eduardo Barone request to extend the RG-5 zone to include 6 Piedmont Street which is currently zone BG-3.0.: recommend Accept Report of Planning Board and Petition be denied.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of 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.: recomend to Accept the Report of the Planning Board and Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the funding recommendations for Year 34 CDBG, HOME, ESG, and HOPWA. Further, recommend adoption of attached resolutions to file and accept CDBG, HOME, ESG, HOPWA and ADDI Grant Funds: recommend adoption of the accompanying five Resolutions.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending that Four Million Five Hundred Eighty Six Thousand Four Hundred Sixty Eight Dollars And No Cents ($4,586,468.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXIV Community Development Block Grant Program and appropriated, when received, to various accounts to provide funding 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 recommending that One Million Eight Hundred One Thousand Six Hundred Ninety Four Dollars And No Cents ($1,801,694.00) and Twelve Thousand Two Hundred Two Dollars And No Cents ($12,202.00) be accepted from the U.S. Department of Housing and Urban Development for the FFY2009 HOME Program and American Dream Down Payment Initiative (ADDI) Program, respectively, and appropriated, when and as received, to Account # 18S36709, 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 recommending that Two Hundred Four Thousand Eight Hundred Nine Dollars And No Cents ($204,809.00) be accepted from the U.S. Department of Housing and Urban Development for the FFY 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.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending that Three Hundred Sixty Eight Thousand Dollars And No Cents ($368,000.00) be accepted from the FY 2009 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: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Paulette Lacoste request to build an ice skating rink in Crompton Park: recommend adoption of the accompanying Order to consider building an ice skating rink in Crompton Park.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Councilor Philip P. Palmieri request to resurface the basketball courts at Holland Rink: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Coes Pond and the Lakeside Neighborhood: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the 2008 Lifeguard Training Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Summer Youth Employment Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to an update on the status of the Worcester Common renovations: recommend Communication be placed on file.

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)

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

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)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (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)

Motion Haller - Request to permit the public to address the City Council on pedestrian safety, especially regarding crosswalks. - Approved Eileen Flannery, secretary of Webster Square West Tenant Association with Julia Senkowski of 1060 Main St. addressed City Council and presented the following Petition: PETITION: Eileen Flannery et al request City Council to individually and collectively work with the City Manager to find the resources to make the City of Worcester especially in the area of 1050 and 1060 Main St. pedestrian friendly and safe via consistent and effective crosswalk access. Further, request these resources be identified and implemented in calendar year 2008.

Mayor Lukes suspended the rules to allow Mauro DePasquale of WCCA TV to speak concerning cable TV community needs and the station's need through the city's cable TV franchise and present the following petition:

PETITION: Mauro DePasquale of WCCA-TV 13 seeking a time line for the process to settle a new contract with WCCA to be completed before the end of June 2008.

Motion Rosen on behalf of the Board of Directors, staff members, viewers, supporters, and financial contributors of WCCA - Request the City Manager complete his review of , discussions and negotiations with WCCA TV as soon as possible so that this highly-regarded public access television station can make further progress in upgrading its equipment and facility, and expanding its programming to meet the needs of the diverse population it serves.

Motion Eddy - Suspension of Rules - Request City Manager provide City Council with a response to the previously voted request for public safety signage improvement in Moreland St. near Brigham Rd. and Carter Rd.

Motion Rushton - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks replace downed Stop Sign at Walter St. and Paradox Rd.

Motion Toomey - Suspension of Rules - Request City Manager request the State Highway Department consider repairs and maintenance of memorial in median strip in Route 20.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request Superintendent of Worcester Public Schools provide City Council with a report stating the investment required to achieve the School Departments goal of no more than 22-1 teacher/pupil ratio. (Eddy)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request Superintendent of Worcester Public Schools report to City Council regarding estimated reimbursements for Worcester from state funding known as circuit breaker relative to special education transportation. (Rushton)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request Superintendent of Worcester Public Schools report to City Council with plans to reach the 102% funding goal and where he would recommend that additional fiscal year 2009 funds be applied if they became available.(Petty)

CHAIRMAN'S RESOLUTION FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester hereby recognizes and honors Worcester Public Schools Superintendent James Caradonio for his many accomplishments and service over the years to the Worcester school system. (Clancy)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request Superintendent of Worcester Public Schools report to City Council with a dollar amount required to grow programs similar to the health science pipeline collaborative with UMASS Medical Center, GEAR (Gaining early awareness readiness) and STEM (Science, technology, engineering and mathematics) in the Middle schools. (Rushton)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a list of outstanding fiscal year 2008 pending litigation settlements and their approximate amounts. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning a timeline for capital needs at the DCU Center and what the City Council will need to do to ensure upgrades. (Eddy)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Auditor provide City Council with an updated analysis of the management contract lease for the DCU Center. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the estimated return in investment for revenue brought into the city versus the amount of monies the city has invested in the DCU Center and what this investment means in terms of real dollars to local businesses. (Toomey)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report using the Cosgrove Tournament with enhanced food and beverage as a test to estimate projected revenues for next year. (Eddy)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report with figures showing the reasons for the city managing the pro shop and golf carts versus allowing the golf professional to manage them and connect the pay scale of the golf professional to sales by contract. (Germain)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager consider partnering with other public golf courses to encourage playing and provide exposure to golfers from other parts of the state who may not have experienced Green Hill Municipal Golf Course.(Germain)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the number of golf tournaments held at the Green Hill Municipal Golf Course over the past several years. (Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager request the City Solicitor to provide City Council with a legal opinion as to whether the golf professional is legally able to access other income through sales at the pro shop. (Lukes)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the number of parking meters in disrepair in main arteries and include in the report any loss of revenue. (Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager review the 15minute parking meters policy as to whether there is a need to increase the minutes to allow ample time for users of meters to conduct business.(Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the projected needs for repairs and cost of repairs to municipal parking garages and include the impact to the Federal Plaza Garage since the opening of the Hanover Theater. Further, request a breakdown of revenue for each individual open air municipal parking lot. (Rushton)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager consider a pilot program for a roving sidewalk sweeper to be used, especially in areas where the city is the abutting owner, such as a park, and consider partnering with non-profits in this effort. (Palmieri)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager appoint a task force to overhaul the parks department and have it become a self-sustaining revenue generator. (Germain)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council with an administrative perspective of the needs for the city parks to expand opportunities for providing playing fields for girls and women. Further, request City Clerk provide copies of Mr. Hamilton's information relative to softball fields to all members of City Council. (Haller)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the cost to repair lights at Crompton Park. (Petty)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a progress report for improvements to Indian Hill Park as to timeline and funding in place. (Smith)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report of parks permitted for baseball/softball broken down by age and gender and by public and private groups. Request report include information for the past five years to determine any patterns. (Clancy, Lukes)