CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 24, 2009

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 10:23 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Monthly Economic Development Initiatives Status Report - February 2009

Monthly Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Shawn McAvey request to accept McAvey Way as a public way.

Sheilah Dooley request sidewalk repair at 237 Millbury St. at the corner of Seymour St. and Millbury St.

Susana Feliz-Rivera request handicap parking at 126 Fairmont Ave.

Matthew Haddad request Resident Permit Parking be changed to No Parking Anytime at the corner of Hampden and Sever Sts.

Richard Spool request the removal of Stop signs or replacement of these Stop signs with Yield signs at Westbrook Rd. entering Chippewa Rd. and Chippewa Rd entering Ellis Dr.

Sheila Bilotta request to installl a handicap parking space in front of 20 Dallas St.

Richard Pyle and Marla Maykel, Trustees of Exchange Place Trust, request six parking spaces in front of One Exchange Place be designated 15 minutes/"take out" only for restaurant customer parking.

Councilor Barbara G. Haller on behalf of Tuan Vo, Oliver Corner Store, request the installation of a 50-foot, 20-minute commercial delivery zone and/or customer parking zone in front of 20 Oliver Street.

State Representative John Fresolo on behalf of John Mullan request enforcement of speed regulations in Heywood St.

Norma Morales et al request to install handicap parking space in front of 77 Merrifield St.

Joe Casello request City Council reconsider holding a one day retreat on March 7, 2009 at Tower Hill Botanic Garden in Boylston, MA to discuss the future of the city of Worcester.

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

Transmitting the February 2009 Economic Development Report.

Transmitting the January 2009 Economic Development Small Business Report.

Transmitting Informational Communication Relative to a Massachusetts Cultural Council (MCC) Grant Award of Forty Thousand Dollars ($40,000) to the Worcester Cultural Coalition.

Transmitting Informational Communication Relative to the CitySquare Streetscape and Architectural Guidelines.

Recommend City Council Adopt an Order Authorizing a Temporary Easement Deed and Agreement through Property Located at 57 Southgate Street.

Recommend City Council Adopt an Order Authorizing a Temporary Easement Deed and Agreement through Property Located at 35 Armory Street.

Recommend City Council's Adoption of a Resolution to Accept with Gratitude, a Donation in the Amount of Twelve Hundred Dollars and no Cents ($1,200.00) from the Crown Hill Neighborhood Association to Support the Crown Hill Local Historic District.

Transmitting Informational Communication Relative to Charter Communication's Restructuring under Chapter 11 of the United States Bankruptcy Law.

Transmitting Communication Relative to the Keep Worcester Clean Status Report for the Month of November 2008.

Recommend City Council Review, Consideration and Adoption of the Attached Order to Authorize the Filing of Special Legislation Relative to Illegal Dumping.

Recommend City Council's Adoption of a Resolution to File and Accept an FY 2009 Emergency Operations Center Grant available through the Massachusetts Executive Office of Public Safety and Security, Homeland Security Division.

Recommend City Council's Adoption of a Resolution to File and Accept a FFY 2008 Edward J. Byrne Memorial Justice Assistance Grant.

Recommend City Council's Adoption of a Resolution to File and Accept Two (2) MetLife Foundation and Local Initiatives Support Corporation Grants.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Worcester Police Department Operations

Recommend City Council's Adoption of a Resolution to File and Accept a State 911 Department of Public Safety Answering Point and Regional Emergency Communication Center Support and Incentive Grant.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C702, Park Improvements, for payments associated with the post closure monitoring of the Green Hill Landfill Monitoring.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #50C702, Schools Capital Equipment, to provide funding for classroom computers, school plant vehicles and school buses.

Recommend that One Million Two Hundred Thousand Dollars And No Cents ($1,200,000.00) be transferred from Loan Account #91C799, North High School, and be appropriated to DPW Account #41C740, North High School, to allow for the payment of on-going contractual obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Account #900-91000, Contingency, and be appropriated to Account #3320-92000, Veterans' Services Ordinary Maintenance, to fund operational costs for the remainder of the third quarter of Fiscal Year 2009.

Recommend that Two Hundred Forty Nine Dollars And No Cents ($249.00) be authorized from FY 2009 Human Resources OM Account #1701-92000, Human Resources Ordinary Maintenance, to provide funds for the purpose of payment of a prior year invoice.

Transmitting Informational Communication Relative to the Asian Longhorned Beetle Tree Removal Process.

Transmitting Informational Communication Relative to the Buy Worcester Now Program.

Transmitting Informational Communication Relative to Ongoing Renovations at City Hall.

Transmitting Status Report on Projected Budget Deficits.

Recommend City Council's Review, Consideration and Adoption of the Attached Orders to Authorize the Filing of Special Legislation for the extension of the City's Pension Funding Schedule and the enactment of an Early Retirement Incentive Program.

Transmitting the Auditor's Report for January 2009.

Transmitting communication relative to Reports on Federal Award Programs - City's Single Audit - for the Fiscal Year ended June 30, 2008.

Transmitting informational communication of a change of fees for issuance of certified copies of birth, marriage and death records.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief provide City Council with a report detailing the effects of the 1991 budget cuts on the quality of life and incidence of crime in the City of Worcester.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Police Chief provide City Council with 2008 crime statistics for Worcester and compare those to other communities across Massachusetts, pointing out how applying resources to certain areas of crime prevention have resulted in a safer city.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide the City Council with an update of the proposal to install surveillance cameras in the city streets.

Request City Manager consider recommending an amendment to the Revised Ordinances that would prohibit smoking within 30 feet of a designated, smoke-free, health care facility. (Rosen, Petty, Haller)

Request City Manager provide City Council with a status report concerning the shuttered fire stations. (Toomey)

Request the City Council of the City of Worcester amend the Rules of the City Council so as to disallow meetings of the elected City Council members to take place outside the city limits. (Toomey)

Request City Manager consider implementing a traffic study for lower Belmont St., Hooper St., Kendall St. and Oak St. to improve traffic flow in the vicinity of UMass Memorial Hospital. (Palmieri)

Request City Manager provide an update of the Belmont St. Imporvement Project from lower Belmont St. to where it intersects with Lake Ave. (Palmieri)

Request City Manager provide an update of the progress concerning the Lincoln St. Rehabilitation Project. (Palmieri)

Request City Manager inform City Council if a virtual town meeting can be conducted by the city videographer during the March 7th City Council Meeting. (Rushton)

Request City Manager work with the Small Business Center at Clark University and the Worcester Regional Chamber of Commerce to create an expedited permitting center for those small businesses in the City of Worcester who commit to create at least two or more additional jobs. (Rushton)

Request City Manager/Mayor update City Council on the status of the establishment of the commission to explore the issue of a single real estate tax rate previously voted by City Council. (Rushton)

Request City Manager consider directing his development team to scour the details of the Obama Administration stimulus package to determine where help might be offered to Worcester’s small businesses as part of the ongoing effort to create jobs and occupy commercial properties. (Rushton)

Request City Manager provide report concerning what the city is doing to attract, promote and incentivize "green energy" business development and retention. (Lukes)

Request City Manager provide report concerning what impact and funding will result from the federal stimulus legislation as it applies to workforce development especially including "Green Energy" technology and training in Worcester. (Lukes)

Request City Manager consider the use of the $25,000 annual appropriation for street tree planting for Fiscal Year 2009 to begin immediate street tree replacements in the Greendale and Burncoat neighborhoods, hardest hit by the ALB, to begin to reverse the dramatic losses and to augment the plantings planned in the Spring and Fall of 2009 by the state and federal governments and the recently formed public/private partnership. (Smith)

Request City Manager collaborate with local colleges to formulate an off—campus guide that includes local ordinances and regulations germane to off-campus living similar to the Boston College guide presented at the Promising Practices event that addressed alcohol use and abuse in the college population. (Toomey)

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

#14a CC November 25, 2008
Communication of the City Auditor transmitting the October 2008 Auditor's Report.

#8.42B CM December 16, 2008
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

#7a CC December 23, 2008
Communication of the City Auditor transmitting November 2008 Auditor's Report.

#7c CC December 23, 2008
Communication of the City Auditor transmitting City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.

#11b CC January 13, 2009
Communciation of the City Manager transmitting communication relative to the City's Response to a request for Infrastructure Projects.

#14b CC January 13, 2009
Communication of the City Manager transmitting communication regarding the City Budget.

#7a CC January 27, 2009
Communication of the City Auditor transmitting December 2008 Auditor's Report.

# 14a CC January 27, 2009
Communication of the City Manager transmitting communication relative to a mid-year Local Aid reduction. to cities and towns for FY 2009.

#8.34A CM February 3, 2009
Communication of the City Manager transmitting informational communication relative to the City's Budget.

#21b CC February 10, 2009
Communication of the City Manager transmitting communication relative to a continued analysis and assessment of all facets of the City's current FY09 Budget and the accelerated development of City's FY2010 Budget.

REPORT OF THE PLANNING BOARD Upon the Petition of Christopher Flood, Attorney on behalf of Bruce & Mary Day request to install a sewer line for use & tie-in for the residents of Porto Rico St.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the reduction in community policing funding and targeted saturation patrols: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager relative to an agreement with UMass Memorial Medical Center regarding agreement to continue to provide ambulance and dispatching services to the city: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication regarding the agreement between the City of Worcester and the UMass Memorial Medical Center for ambulance service: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager relative to First Responder Law: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of Dr. Roberta R. Schaefer, Executive Director, Worcester Regional Research Bureau, transmitting report relative to reorganizing Public Safety functions: Consider For and Against: recommend Communication be placed on file.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 51 Gates St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 86 Lakewood St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 97 Houghton St. at the end of 50' No Parking Anytime zone.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 76 Merrick St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 33 Stoneland Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 267 Fairmont Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 51 Butler St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 17 Acton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 26 South St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 4 Stockton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for parking on the east side of Crescent St. from Henchman St. to a pt. 250' north of Henchman St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the east side of Boylston St. from Lincoln St. to Plantation St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the west side of Boylston St. from Lincoln St. to a pt. 120' north of Lincoln St. No Parking Anytime.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install a standard permanent winter ban on the west side of Harding St. from Temple St. to Winter St. no parking on the even numbered side of the street from 2 a.m. to 6 a.m. December 1 thru April 1.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind two hour parking 8 a.m. to 5 p.m. on the east side of Harding St. between Temple St. and Winter St. and provide a handicap parking space in front of 85 Harding St.

Amend Section 43 of Chapter 13 of the Revised Ordinances of 2008 to revise the winter ban on Harding St. east side only from Temple St. to Winter St. from a permanent ban to a declared ban. The west side of Harding St. will remain a permanent standard ban.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Pine Tree Ln. at Pine Tree Dr. faces westbound traffic on Pine Tree Ln.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Pine Tree Ln. and Sun Valley Dr. faces eastbound traffic on Pine Tree Ln.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Eagle Rd. and Waycross St. faces westbound traffic on Eagle Rd.

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)

Motion Toomey @ #8.5A CM - Request City Manager provide a report concerning the rehabilitation work taking place at 722 Plantation Street.

Motion Rushton @ #8.5A CM - Request City Manager make public the details of the transition taking place concerning capital assets and real estate at the Worcester Regional Airport.

Motion Haller @ #8.5A CM - Request City Manager provide a report relative to the progress concerning the land purchase adjacent to the Worcester Boys and Girls Club.

Motion Haller @ #8.5A CM - Request City Manager notify City Council of any meetings discussing how traffic will be managed when re-construction commences at the Four Corners.

Motion Haller @ #8.5A - Request City Manager provide a list of the team members working on the Climate Action Plan Task Force. Further, request City Manager update City Council relative to the city's progress for qualifying as a green community as well as plans for state and federal ECDBG monies.

Motion Lukes @ #8.5A CM - Request City Manager review signage inside the Union Station parking garage.

Motion Palmieri @ #8.5A CM - Request City Manager notify City Council when extensions are requested concerning the terms of conveyance agreement for lots B & C with Gateway Park LLC.

Motion Petty @ #8.5A CM - Request City Manager add Wireless Infrastructure to the Monthly Economic Development Initiatives Status Report.

Motion Smith @ #8.5A CM - Request City Manager provide a report concerning the vacant Holiday Inn parcel at 500 Lincoln Street.

Motion Smith @ #8.5A CM - Request City Manager add the 500 Lincoln Street property to the Monthly Economic Development Initiatives Status Report.

Motion Smith @ #8.5A CM - Request City Manager provide a report relative to the status of improvements to the Worcester Common.

Motion Lukes @ #8.5A CM - Request City Manager add the former ComGas property at Quinsigamond Avenue to the Monthly Economic Development Initiatives Status Report.

Motion Palmieri - Suspension of Rules - Request City Manager contact Congressman McGovern's Office concerning the overall issue of identifying current owners of foreclosed properties so as to work towards having them returned to tax-producing status.

Motion Haller - Suspension of Rules - Request City Manager continue to work with college presidents especially Rev. Michael McFarland at Holy Cross to address alcohol abuse within their student populations. Further, request City Manager provide a report concerning the recent incident resulting in an arrest of six college students.

Motion Toomey @ #8.5D CM - Request City Manager review previously approved Council Orders concerning the establishment of bikeways in existing city streets.

Motion Petty @ #8.18A CM - Request City Manager provide to City Council a report relative to the concept of regionalization of an enhanced 911 communications and the city's participation.

Motion Rushton @ #8.42D CM - Request City Manager report to City Council a budget reduction of 5% from OM accounts rather than directing budget reductions solely from the salary accounts.

Motion Petty @ #8.42D CM - Request City Manager provide City Council with an explanation of budget adjustments that will impact Worcester Public Schools taking into consideration the federal stimulus package and the formula that is used to direct funds to the school system.

Motion Germain @ #8.42D CM - Request City Manager report to City Council the city's obligation for reimbursements of purchases made for uniforms by those police recruits who will be laid off upon being sworn in.

Motion Toomey @ #8.42D CM - Request City Manager discuss with community-based organizations to identify those areas where they might be of assistance to the city in these time of budget reductions and service cutbacks.

Motion Smith @ #8.42D CM - Request City Manager report to City Council concerning the feasibility of the City Auditor acting in the same capacity for the School Committee as he does for the City Council so as to provide an independent voice in taking a closer look at the operational expenditures of the Worcester Public Schools.

Motion Lukes @ #8.42D CM - Request City Manager consider the feasibility of merging the City Administrations and Worcester Public Schools budgeting and financial operations.

Motion Smith and Lukes @ #8.42D CM - Request City Manager request the City Solicitor provide a legal opinion relative to merging city administration functions with the Worcester Public Schools.

Motion Palmieri @ #8.42D CM - Request City Council Standing Committee on Education meet with School Committee's counterpart committee to broach budget efficiencies.

PETITION - Councilor Kathleen M. Toomey request installation of directional signs to St. John's Roman Catholic Church facing in both directions in Grafton St. at the corner of Temple St.

Motion Toomey - Suspension of Rules - Request City Manager provide a progress report identifying private grant sources for pools.