CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 24, 2009

Esther Howland Chamber

Convened: 7:00 P.M.

Recessed the March 24th Regular Meeting at 8:29 P.M. for the purpose of Reconvening to Levi Lincoln Chamber for an Executive Session at 6:00 P.M. on March 31, 2009;Reconvended March 31, 2009 in the Levi Lincoln Chamber for Executive Session: 6:15 P.M.; Adjourned from Executive Session to Reconvene to Open Session to Adjourn the March 24, 2009 Regular Meeting: 7:00 P.M. on March 31, 2009

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Councilor Frederick C. Rushton on behalf of Neil Davis request to make public Stark Rd.

Dora Aja request to remove from the City map Everett St.

William & Nancy Donahue request to change the zone for property bounded by Randolph Rd., Holt Ave., Crerie Ave. and Dodge Park from RS-7 to RG-5.

Carol Youngstrom et al protest the removal of the foot patrol from in front of City Hall and surrounding areas.

Lainie Petrou of Roma's Grille & Pizzeria request sidewalk be reconstructed at 192-196 Harding St.

Lainie Petrou of Roma's Grille & Pizzeria request sidewalk be reconstructed at 19-21 Harrison St.

Scott Babbitt request City Council enforce the "Pedestrian in Crosswalks Have the Right of Way" law.

Thomas Musich et al request resident permit parking on Winneconnett Rd.

MASSACHUSETTS ELECTRIC COMPANY for pole location on: FAIRHAVEN ROAD

Transmitting February 2009 Auditor's Report

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works and Parks to reconstruct sidewalks in Burncoat St. at the intersection with Bluehill Road.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager compile a complete list of all beaches and public and private swimming pools in the City of Worcester that could be contacted to establish an 8-week Summer swim program for city children and families. Further, request that the City Manager contact the Worcester Regional Transit Authority to see if a transportation program could be established to bus children and families to and from these aforementioned beaches and pools.

Request the City Council, in conjunction with the City Administration, consider establishing a series of three public hearings across the City relating to the Fiscal Year 2010 budget to provide maximum budget-related data to the general public and to receive maximum public input all modeled after the successful protocols implemented in the City of Portland, Oregon. Also, request that there be a comment section created on the City’s web site to allow immediate remote commentary as a result of these community hearings. (Toomey)

Request City Manager meet with the various museums, arts and cultural non-profit institutions including the Cultural Coalition in Worcester regarding their future programs, educational offerings and special events. (Lukes, Palmieri, Rosen)

Request City Manager provide City Council with an update on grease trap installation.(Toomey)

Request City Manager draft a local ordinance banning the use of plastic bags by retailers and grocery stores. (Lukes)

Request City Manager prepare a report on the cost of converting City vehicles from imported fuel to domestic natural gas and other alternative fuels. (Lukes)

Request City Manager consider promoting a “Restaurant Week” program similar to the one in Boston. (Lukes, Palmieri, Rosen)

Request City Manager cause a thorough review of the information routinely posted to the city’s web site with a view towards making the city’s operations completely transparent. (Toomey)

Request City Manager to personally engage the public in conversation through the use of twittering so that he and his cabinet members gain input concerning spending, taxation and transparency. (Toomey)

SEWER BETTERMENT ASSESSMENT: ANTOINE ST.

SEWER BETTERMENT ASSESSMENT: BELCOURT RD.

SEWER BETTERMENT ASSESSMENT: DANA AVE.

SEWER BETTERMENT ASSESSMENT: TACONIC RD.

SEWER BETTERMENT ASSESSMENT: TILBURY ST.

#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.

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

#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.

#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 Auditor 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.

#7.34A CM - March 3, 2009
Communication of the City Manager transmitting Informational Communication Relative to Positions Held Vacant.

#7.34B CM March 3, 2009
Communication of the City Manager transmitting Communication Relative to Employee Health Insurance Costs.

#7.42A CM March 3, 2009
Communication of the City Manager transmitting Report of the Massachusetts Taxpayers Foundation as Presented at this Evening's Forum.

#8.34A CM March 17, 2009
Communication of the City Manager transmitting Update Regarding the City's Fiscal Year 2010 Budget

#8.34B CM March 17, 2009
Communication of the City Manager transmitting informational communication relative to Federal American Recovery and Reinvestment Act Funding and Federal Supplemental General Appropriation Funding

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to FY '09 Sidewalk Rehabilitation Program Revised List: recommend adoption of the acompanying Order.

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 Eddy @ #9a CC - That the City Council of the City of Worcester hereby gives the option to all the City Council Standing Committees to go into the community to obtain comment about aspects of the budget that pertain to that subcommittee prior to finalization.

Motion Clancy @ #9a CC - That City Council of the City of Worcester convene its regular City Council Meeting at 4:00 P.M. and have the City Council Standing Committee on Finance conduct budget hearings at 6:30 P.M. on those weeks when the budget is being considered.

Motion Toomey - Suspension of Rules - Request City Manager request one of the local colleges and universities study the impact of an eventual conversion to a single tax rate over the span of five, seven and ten years and including a model of the tax burden to homeowners if no businesses where included in the mix.

Motion Clancy to amend: Request that the study to be conducted by someone other than a no non-profit.

Motion Petty to amend: Request to refer the item to the committee yet to be named to handle changes to the tax structure.

Motion Toomey to clarify and amend: That the study be conducted in a classroom exercise and not by the college entity itself. -Accepted

The motion to be read as follows:

Request City Manager request one of the local colleges and universities, that as a college classroom exercise, study the impact of an eventual conversion to a single tax rate over the span of five, seven and ten years and including a model of the tax burden to homeowners if no businesses where included in the mix.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with alternatives to a single tax rate that includes changes to the tax structure to a single tax rate that includes changes to the tax structure that includes a large business and small business category, and to absentee landlords who own and operate residential properties as investments and who do not reside in the city.

Motion Clancy to amend: Further, request City Manager request the City Solicitor provide a legal opinion relative to the process for converting to a single tax rate. - Accepted on a voice vote

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report on the impacts of utilizing locally, independently owned banking institutions for city financial activities.

Motion Lukes to amend: Further, request the institutions the city has investments in. - Accepted

PETITION - Councilor Barbara G. Haller on behalf of Elm Park Community School and in the interest of public safety, request North Ashland St. between Highland St. and William St. be made one-way, so that the traffic will move towards William St.

Motion Rushton - Suspension of Rules - Request City Manager request the Police Chief provide enforcement of the crosswalk regulations at corner of Marble St. and Main St.

PETITION - Councilor Frederick C. Rushton request a placement of a “Crosswalk Ahead” sign to notify motorist of the upcoming crosswalk at the corner of Moore Ave. and Pleasant St. and further, request enforcement of crosswalk regulation by the Police Department.

Motion Smith and Palmieri - Suspension of Rules - Request City Manager consider the feasibility of repairing the stone wall in Burncoat St. in vicinity of Bellingham Rd.

Motion Palmieri on behalf of the Entire City Council - Suspension of Rules - Request City Manager consider instituting a future policy that whenever any tree is being removed in front of a home, that the homeowner/resident be notified in advance of cutting taking place.

Motion Clancy - Suspension of Rules - Request City Manager report as to whether the city's plans to plant city shade trees on private properties rather that public ways is ready to implement prior to the replanting program that will soon be taking place.

Motion Lukes - Suspension of Rules - Request City Council Standing Committee on Rules and Legislative Affairs review the City Council rules to clarify the issue of posting or affixing of signs in the Esther Howland and Levi Lincoln Chambers.