CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 16, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:06 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing: MASSACHUSETTS ELECTRIC COMPANY for an electric cable and conduit system in: HARRINGTON WAY

Grant permission to MASSACHUSETTS ELECTRIC COMPANY for an electric cable and conduit system in: HARRINGTON WAY

James May request sidewalk be replaced in front of 1396 Grafton St.

James May request the corner curb in front of driveway at 1396 Grafton St. be moved back.

James May request a Blind Driveway or speed limit sign be installed in the vicinity of 1396 Grafton St.

Thomas & Judith Griffin request a "Blind Driveway" sign be placed on Heard St. going down the street toward Auburn on the right hand side for the driveway at 224 Heard St.

Raymond Osei Ansong request resident permit parking for the entire length of Harlow St.

Robert Merrill request to extend the residential permit parking in Irving St. to include 3 Irving St.

NSTAR for a gas main location in: BELMONT ST.

SUPPLEMENTAL: Transmitting Informational Communication Relative to a Contract with IAFF Local 1009.

Request City Council Adoption of an Ordinance Allowing the Cultural Development Officer to Accept a Stipend from the Worcester Cultural Coalition for Fiscal Year 2010.

SUPPLEMENTAL: Request City Council Approval of Certain Resolutions Relative to the CitySquare Project.

Recommend City Council's Review, Deliberation and Adoption of a Resolution to File and Accept a Lead-Based Paint Hazard Control Grant with the U.S. Department of Housing and Urban Development.

Recommend City Council's Review, Deliberation and Adoption of a Resolution to File and Accept Continuation funding under the HUD McKinney Homeless Assistance Program and the Commonwealth of Massachusetts Department of Children and Families Worcester Community Connections Program.

Transmitting Informational Communication Relative to Workforce Development Outreach in Neighborhood Revitalization Strategy Area (NRSA) Neighborhoods.

Recommend City Council's Review, Deliberation and Adoption a Resolution to File and Accept an American Recovery and Reinvestment Act (ARRA) Grant.

Recommend City Council's Review, Deliberation and Adoption of a Resolution to File and Accept a Commonwealth of Massachusetts Department of Transitional Assistance Grant.

Recommend City Council’s Review, Deliberation and Adoption of a Resolution to File and Accept a Commonwealth of Massachusetts Executive Office of Workforce and Labor Development, Division of Career Services Reemployment Services Stimulus Grant.

Transmitting Informational Communication Relative to Updates to the Resident's Guide to Private Streets

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Status Report for the Month of April 2009.

Recommend City Council Adoption of a Resolution to File and Accept a U.S. Department of Homeland Security, Recovery Act, Assistance to Firefighters Fire Station Construction Grant.

Recommend City Council's Review, Deliberation and Adoption of a Resolution to File and Accept a US Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2009 Local Solicitation.

Recommend City Council's Review, Deliberation and Adoption of a Resolution to File and Accept a Department of Justice FY09 Bulletproof Vest Program Grant.

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

Recommend City Council's Review, Deliberation and Adoption of a Resolution Authorizing the Leasing of Space at the Worcester Senior Center to Quinsigamond Community College.

Recommend City Council's Review, Deliberation and Adoption of a Resolution Authorizing the Leasing of Space at the Worcester Senior Center to Wellness Works Yoga and Kripalu Yoga Worcester: Joint Venture.

Recommend City Council's Review, Deliberation and Adoption of a Resolution Authorizing the Leasing of Space at the Worcester Senior Center to S.M.C.H. International Meditation Association in Massachusetts, Inc.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C702, Parks Site Improvements, for costs associated with the Vernon Hill Park Improvements.

Recommend that Two Hundred Sixty Two Thousand Dollars and No Cents ($262,000.00) be transferred from Account #91C763, South Worcester Industrial Park, and be appropriated to Account #04C714, South Worcester Industrial Park, for payment of demolition and engineering services at the South Worcester Industrial Park (SWIP).

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 Site Improvements, for the Green Hill Park Landfill Monitoring.

Recommend that Fifty Seven Thousand Dollars And No Cents ($57,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C702, Park Site Improvements, for the Logan Field upgrades.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C704, Bear Brook Rehabilitation, to fund design and construction costs.

Recommend that Two Hundred Fifty Nine Thousand Dollars And No Cents ($259,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C709, Rockwood Field, to fund construction costs.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C720, Traffic Improvements, to allow for the payment of anticipated obligations.

Recommend that Forty One Thousand Dollars And No Cents ($41,000.00) be transferred from Loan Account #91C735, Sewer Building Rehabilitation, and be appropriated to DPW Account #44C705, Sewer Capital Outlay, to allow for payment of anticipated obligations.

Recommend that Six Hundred Thousand Dollars And No Cents ($600,000.00) be transferred from Loan Account #91C739, Sewer Drainage, and be appropriated to DPW Account #44C750, Lateral Sewers, to allow for the payment of current and future obligations.

Recommend that Twenty Five Thousand Twenty Five Dollars And No Cents ($25,025.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and payment of a vehicle.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C714, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Stations, to allow for the payment of current and future obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and anticipated future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Conversion, to provide funds for the payment of current and future expenditures.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext. Pavement), to allow for the payment of current and future obligations.

Recommend that Twenty Six Thousand Seven Hundred Eighty Two Dollars And No Cents ($26,782.00) be transferred from Loan Account #91C780, City wide Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Capital Equipment, for the purchase and payment of a truck for the Forestry Division.

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 #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and be appropriated to DPW Account #41C707, Dam Safety Regulations, to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that One Thousand Six Hundred Dollars and No Cents ($1,600.00) be transferred from Account #330-09, Reserve for Appropriation Real Estate Sales, and be appropriated to Account #043-92000, Economic Development Ordinary Maintenance, to provide funding for compliance assurance fees assessed to the City by the Massachusetts Department of Environmental Protection (DEP).

Recommend that Two Million Six Hundred Sixty Thousand Dollars And No Cents ($2,660,000.00) be transferred from various City accounts and be appropriated to various City accounts to provide sufficient operational funding for the remainder of Fiscal Year 2009.

Recommend that the City Manager, with the Approval of the City Auditor, be Authorized to Make Adjustments to City Accounts to Balance the Fiscal Year 2009 Budget.

Recommend that the City Manager, with the Approval of the City Auditor, be Authorized to Make Capital Projects and Special Revenue Transfers to Departmental Project Accounts to Provide Funding for Capital Projects and Special Revenue Accounts During the Summer Months.

SUPPLEMENTAL: Request City Council Adoption of a Resolution to Accept with Gratitude a Donation of Materials and Improvements Valued at Fifty Thousand Dollars and No Cents ($50,000) to Bailey-Prouty Field from Rosemary A. Spillane and Family.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Evangelino Ottaviano request the City abandon the property beyond the means and bounds of 621 Millbury St. between Maxwell St. and Esther 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)

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

Order of Councilor Michael J. Germain - Request City Manager consult with the Worcester Sharks regarding the possible management and redevelopment of the Charles Buffone Arena Ice Skating Rink on Lake Ave. (Tabled - Palmieri October 1, 2008)

Order of Councilor Michael J. Germain - That the City Council of the City of Worcester hereby accept and adopt Section 19 of the Massachusetts General Laws Chapter 32B, allowing for coalition bargaining for health benefits in the City of Worcester. (Tabled - Lukes October 21, 2008)

Order of Councilor Frederick C. Rushton - Request City Manager request the City Solicitor to report to City Council what basis the City is using to delay the public records request by the Worcester Telegram in light of the Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003) ruling whereby the Supreme Judicial Court ruled public records must be released for inspection and copying without unreasonable delay, that is, within ten days of the receipt of a request for them. (Tabled - Haller November 25, 2008)

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

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

Motion Haller @ #8.6A CM - Request City Manager report to City Council the number of lead poisonings within the city over the past five years.

Motion Petty @ #8.18A - Request City Manager provide a report concerning the progress for regionalizing an enhanced 911 communications.

Motion Germain @ #8.39B CM - Request City Manager provide a previously requested report of a cost benefit analysis of outside legal counsel.

Motion Petty @ #8.39A-D CM - Request City Manager report the trending of the enterprise, salary and other non tax levy accounts. Further, request City Auditor provide to City Council with a report concerning these same accounts.

Motion Clancy - Suspension of Rules - Request City Manager appeal to the Governor, Lt. Governor and the state Congressional delegation and request to investigate the disbursement of Federal Stimulus Funding for water and sewer projects, considering the City of Worcester received no funds, and mention that water and sewer rate payers should have been considered for federal mandates relief with federal stimulus funds. Further, request City Manager report to City Council the amount of tax levied monies that have been spent on capital improvement projects over the years.

Motion Toomey - Suspension of Rules - Request City Manager obtain a copy of the list of stimulus funded water and sewer projects across the Commonwealth and includ the amount of the funding and the type of the funded project and share that with the City Council.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with a recap of the city projects requesting federal stimulus funding for which the city had applied and the distribution of these funds to Worcester and other communities in Massachusetts.

Motion Palmieri - Suspension of Rules - Request City Manager add Federal Stimulus Funding as a category to the quarterly Economic Development Initiatives Report.

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

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request representatives of the United States Department of Agriculture's Asian Long Horned Beetle Program provide the City Council with their findings concerning the environmental impacts of the use of trunk or soil injections and/or tree sprayings of trees that have been determined to be potential ALB host trees.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request representatives of the United States Department of Agriculture's Asian Long Horned Beetle Program to inform the City Council when chemical treatments of potential ALB trees will commence and the financial resources that will be necessary to stem the spread of ALB.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request representatives of Massachusetts Department of Conservation Resources to inform the City Council of the budget that will be necessary to conduct a chemically-based assault against the ALB in the 2009/2010 Fall/Winter/Spring ALB pre-emergent phase.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of Michael V. O'Brien, City Manager, transmitting informational communication relative to a strategy change regarding the Asian Longhorned Beetle Program: recommend adoption of the accompanying resolution that the City Council of the City of Worcester supports the USDA recommendation that, in the continuing effort to eradicate the Asian Long Horned Beetle, tree cutting operations continue during the current pre-emergent phase.

Motion Haller - Suspension of Rules - Request City Manager periodically provide City Council with the updated ALB maps from USDA and DCR which would show the progress or lack of progress for eradicating the ALB.

Motion Clancy - Suspension of Rules - Request City Manager establish an ALB summit to determine what the best policy is for the city and surrounding towns for combating the ALB rather than being dictated to by the USDA.

PETITION - Councilor Joffrey A. Smith on behalf of Rob Diaz request sidewalk repair in front of 12 Intervale Rd.

PETITION - Councilor Joffrey A. Smith on behalf of Maureen Donoghue request sidewalk repair in front of 54 Summerhill Ave.