CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 3, 2009

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 9:05 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Lukes read a proclamation proclaiming March 16, 2009 as 10% Shift Day in the City of Worcester. Mark Waxler, from the Beechwood Hotel and representing Worcester Local First, accepted the Proclamation from Councilor Haller.

Mayor Lukes read a proclamation proclaiming the week of March 1st to the 7th as Women in Construction Week in Worcester. Stacey Zannotti, President of the Worcester Chapter of the National Association for Worcester in Construction accepted the Proclamation from Councilor Toomey.

Lois Maraia, President of Goldthwaite Holding LLC, request to change the zone from RS-7 and RG-5 to RL-7 for property located in the area of Pierce St. and Goldthwaite Rd.

Lois Maraia, President of Goldthwaite Holdings LLC, request zone change from RS-7 to RG-5 in the area of Varney St. and Pierce Ave.

Raymond V. Mariano, Executive Director of Worcester Housing Authority, request the public street known as New Road, within the Curtis Apartments, be changed to Joseph P. Carlson Way.

James & Linda Setaro et al request Glade St. be resurfaced.

James & Linda Setaro et al request sidewalk repair on Glade St.

Michael Ladrie request sidewalk repair in front of 243 Beverly Rd.

Fedeli Petrone & Diane Pozzi request to resurface entire length of Brightwood Ave.

Fedeli Petrone & Diane Pozzi request to resurface entire length of Tiffany Ave.

Richard Ricker, Attorney on behalf of Walter Thomas Realty Trust request abatement of street betterment assessment #24707 in the amount of $7,966.40 on Maranda St.

Councilor Gary Rosen and Councilor William J. Eddy on behalf of Robert Rappaport request the resurfacing of Hillcrest Ave.

Raymond V. Mariano, Executive Director of Worcester Housing Authority, request "No Parking Anytime" signs be placed on both sides and the entire length of Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments.

Raymond V. Mariano, Executive Director of Worcester Housing Authority, request Stop signs be installed on each end of Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments.

Raymond V. Mariano, Executive Director of Worcester Housing Authority, request four (4) "Keep Right" signs be installed at the end of each median on Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments.

Raymond V. Mariano, Executive Director of Worcester Housing Authority, request "Stop" signs be removed on Great Brook Valley Avenue and that portion of the Service Road that has previously been abandoned.

Fedeli Petrone & Diane Pozzi request to reverse stop signs at intersection of Brightwood Ave. and Hampton St.

Dave Kollisch request a stop sign at the southwest corner of Franklin and Harding Sts. for eastbound Franklin St. traffic to stop prior to continuing through intersection.

Dave Kollisch request repainting "Left Turn Lane" stop line at eastbound intersection of Franklin St. and Grafton St. to allow busses to turn into Franklin St. westbound from Grafton St.

Stephen Quist request to be allowed to address the City Council on March 3, 2009 relative to the Rules & Legislative Affairs Committee considering that all City provided and personal PDA's, Blackberry’s and cell phones be turned off while City Council and Administration conduct public meetings.

Recommend City Council's Approval to Designate CitySquare as a Priority Development Site Pursuant to MGL. C. 43d.

Recommend Adoption of a Resolution to File and Accept a One Hundred and Fifty Thousand Dollars ($150,000) Section 703 Economic Adjustment Assistance Grant from the U.S. Department of Commerce Economic Development Administration.

Recommend City Council's Adoption of a Resolution to File and Accept a One Hundred and Fifty Thousand Dollars ($150,000) Section 203 Planning Assistance Grant from the U.S. Department of Commerce Economic Development Administration.

Recommend City Council's Adoption of Two Resolutions to Designate 120 Goddard Memorial Drive as a Site Specific Economic Opportunity Area (EOA) and a Certified Project.

Communication Relative to FY '09 Sidewalk Rehabilitation Program Revised List

Recommend City Council Approval to File and Accept an Onsite Renewable Energy Initiative Feasibility Study Grant

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

Recommend that City Council Accept with Gratitude a Donation of One Thousand Five Hundred Dollars ($1,500.00) from the Friends of Worcester's Senior Center to Support a Financial/Retirement Workshop Series at the Senior Center.

Recommend City Council's Adoption of a Resolution to Accept a Fair Housing Grant in the Amount of Thirty Five Thousand Nine Hundred and Twenty Nine Dollars ($35,929.00) Awarded by the U.S. Department of Housing and Urban Development (HUD) through the Legal Assistance Corporation of Central Massachusetts.

Recommend Adoption of a Resolution to File and Accept a Metropolitan Medical Response System (MMRS) Grant in the Amount of Thirty-three Thousand Three Hundred Dollars ($33,300.00) from the Massachusetts Department of Public Health.

Transmitting Informational Communication Relative to the Appointment of Ms. Lucy Bethel Gangone to the Position of Head Librarian of the Worcester Public Library.

Transmitting Informational Communication Relative to a Legal Opinion Concerning the City Council's Planned Retreat.

Transmitting Informational Communication Relative to Positions Held Vacant.

Transmitting Communication Relative to Employee Health Insurance Costs.

Recommend that Eight Hundred One Thousand Seven Hundred Thirty Five Dollars And No Cents ($801,735.00) be transferred from Account #91C716, Union Station Building Rehabilitation, and be appropriated to Account #41C704, Union Station Building Rehabilitation, to provide funding for expenses associated with the fit-out of tenant space at Union Station.

SUPPLEMENTAL: Transmitting Report of the Massachusetts Taxpayers Foundation as Presented at this Evening's Forum

#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.

#9a CC February 24, 2009
Communication of the City Audior transmitting the Auditor's Report for January 2009.

#8.42D CM February 24, 2009
Communication of the City Manager transmitting Status Report on Projected Budget Deficits.

Petition of 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. (Tabled - Haller February 24, 2009 )

Order of Council Kathleen M. 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. (Tabled - Haller February 24, 2009)

Order of Councilor Frederick C. Rushton - 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. (Tabled - Haller February 24, 2009)

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)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager provide City Council with number of ALB infested trees that have been removed broken down as city-owned and privately-owned.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager provide City Council with the number of ALB host trees that have been removed broken down as city-owned and privately-owned.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager ensure that a new protocol be instituted immediately in the ALB Eradication Program so that streets are publicly posted before crews taken down trees, similar to the postings that take place as part of the street sweeping program.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager inform the City Council of the number of city-owned and privately-owned trees that have been treated against infestation as part of the ALB Eradication Program.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager take immediate action to cease taking down city-owned host trees as part of the ALB Eradication program unless said city-owned host trees are deemed to be a clear and immediate hazard, and further request, that if any of these city-owned host trees are eyed to be removed, that the respective District City Councilor be informed in advance of removal.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager take immediate action to amend the pre-approved ALB Eradication Program by declaring the evaluations forms that have been used to obtain input from residents concerning host trees invalid and ceasing to use them from this time forward, and further request, that new forms and processes be developed and implemented that most clearly reveal the desires of residents.

Motion Eddy @ #7.5D CM - Request City Manager provide to City Council a copy of the governors legislation relative to the airport including a summary of actions in that legislation; process for any sale including the role of the City Council in such sale; report detailing any and all fiscal contributions or federal funding which might be counted as an off setting revenue towards the sale price; and request Massport to include any and all plans for any access roads currently under consideration.

Motion Rushton @ #7.5D CM - Request City Manager request City Auditor or City Assessor provide a formal market analysis determining the value of the asset that is the Worcester Regional Airport.

Motion Petty @ #7.5D CM - Request City Manager provide a status report of all TIF's granted including those completed, those outstanding and where the recipients are now.

Motion Toomey - @ #7.14B CM - Request City Manager consider utilizing Parsons Hill Kettle Brook for renewable energy.

Motion Clancy @ # 7.29A CM - Request City Manager arrange for introduction of new Head Librarian to City Councilors.

Motion Clancy @ #7.34A, 7.34B & 7.42A CM - That the City Council of the City of Worcester hereby supports the Emergency Relief Partnership Act.

Motion Lukes to Amend: Request the three components of the Act be submitted separately. - Accepted

Councilor Clancy's motion as amended: That the City Council of the City of Worcester supports the following three (3) Resolutions:

That the City Council of the City of Worcester hereby supports the Telecom Loophole Tax component of the Emergency Relief Partnership Act.

That the City Council of the City of Worcester hereby supports the Hotel/Motel Tax component of the Emergency Relief Partnership Act.

That the City Council of the City of Worcester hereby supports the Meals Tax component of the Emergency Relief Partnership Act.

PETITION - Councilor Frederick C. Rushton and Councilor William J. Eddy on behalf of Mary LaPlante request street repair of Mower St. between house #'s 220 to 440.

Motion Eddy - Suspension of Rules - Request City Manager request the Police Chief's Traffic Division step up parking enforcement in the City Hall Garage.

Motion Germain - Suspension of Rules - Request City Manager update City Council relative to the status of the dependent audit.

Motion Haller - Suspension of Rules - Request City Manager report on tobacco sales to minors, especially with regard to the sales of “Blunts” to individuals under the age of 18.

Motion Lukes - Suspension of Rules - Request City Manager report to City Council whether there is any oversight or enforcement powers or access to information relative to the safety of cast iron gas lines in the city.

Motion Lukes - Suspension of Rules - Request City Manager report to City Council when City Council will vote to implement the Shade Tree Trust item.