CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 5, 2009

Esther Howland Chamber

Convened: 4:16 P.M.

Recessed at 6:40 P.M. Reconvened to Open Session: 7:18 P.M. Recessed to Finance Committee for Budget: 7:46 P.M. Reconvened to Open Session to Adjourn: 11:54 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

MASSACHUSETTS ELECTRIC COMPANY for cable and conduit locations: FOSTER ST., COMMERCIAL ST., EXCHANGE ST. AND CENTRAL ST.

Granting permission to MASSACHUSETTS ELECTRIC COMPANY for cable and conduit locations on: FOSTER ST., COMMERCIAL ST., EXCHANGE ST. AND CENTRAL ST.

Order of Councilor Joffrey A. Smith and Councilor Philip P. Palmieri - Request City Manager consider allocating Fiscal Year 2010 capital dollars to the effort to replant the Burncoat and Greendale neighborhoods city street trees hardest hit by both the Asian Long-horned Beetle and the December, 2008 ice storm. (Tabled - April 28, 2009)

Order of Councilor Joffrey A. Smith - Request City Manager work with abutters on West Boylston St including the railroad and Saint Gobain along with the city to clean the area of overgrown brush and trash which has negatively impacted the quality of life in that area. (Tabled - April 28, 2009)

Order of Councilor Michael J. Germain - Request City Manager consider lengthening the tenure of the constables to 3 years as opposed to the current 1 year term; thus streamlining the process for all involved. (Tabled - April 28, 2009)

Order of Mayor Konstantina B. Lukes, Councilors Gary Rosen, Frederick C. Rushton, Joffrey A. Smith, Michael J. Germain - Request City Manager report on the feasibility and costs/savings of merging the school department’s human resources department with the city’s human resources office. (Tabled - April 28, 2009)

Order of Councilor Philip P. Palmieri Jr. and Councilor Gary Rosen - Request City Manager request the Commissioner of Public Works and Parks to make adjustments to the traffic lights to alleviate the hazardous conditions, traffic backup and driver frustration when motorists attempt to make a left turn from Shrewsbury St. onto Adams St. (Tabled - April 28, 2009)

Order of Councilor Gary Rosen - Request City Manager request Commissioner of Public Works and Parks alleviate the hazardous conditions, traffic backup and driver frustration by changing the arrows painted on both directions of May St. at Park Avenue so that the left lane becomes left turn only while the right lane is for both straight-through and right turn traffic. (Tabled - April 28, 2009)

Order of Councilor Gary Rosen - Request City Manager report to City Council concerning what rules and procedures are in place dealing with individuals and groups, including children, who solicit money from motorists at busy and dangerous city intersections. (Tabled - April 28, 2009)

Order Councilor Gary Rosen - In light of the closing of the Office on Disabilities, request the City Manager report to City Council concerning the city's ability and plans to provide services and referrals to residents with disabilities and their families. (Tabled - April 28, 2009)

Order of Councilor Gary Rosen - Request City Manager report to City Council concerning service cuts that might be made in bus, commuter rail and air transportation (Direct Air) and what their effects would be on Worcester and area residents. (Tabled - April 28, 2009)

Mayor Lukes read a Proclamation declaring May 3rd to May 9th, 2009 as Children's Mental Health Week. Councilor Rosen presented the proclamation to the group of children representing Familes in Central Mass.

Mayor Lukes read a Proclamation declaring Saturday, May 9, 2009 as National Food Drive of Letter Carriers Day. Councilor Eddy presented the proclamation to Norman LaFlash.

Councilor Joffrey Smith on behalf of Russell Oliver and Todd Emmons request that the City of Worcester remove from the Official Map that section of Assumption Ave. which travels from the western most intersection of Hyde St. to the western most intersection of Emerson Rd.

Attorney Joe Boynton on behalf of Steven & Irene John request to extend the BL-1.0 zone to encompass 9 Ormond St which is currently zoned RG-5.

Donald Perron et al request the City reopen an eight to ten foot portion of the former right of way to Lake Quinsigamond at the Bridle Path pumping station .

Jeffrey Jennings request sidewalk repair in front of 6 Cutting Ave.

Marsha Hovenesian request a "Right Turn Only" sign be installed on May St. (at the intersection of Park Avenue) in the westbound right lane.

Marsha Hovenesian request special turn signals be installed on the traffic lights on Park Avenue in both the southbound and northbound directions for cars turning from Park Avenue onto May St.

Matt Doyle of Worcester Donuts Inc. request the installation of a Commercial Loading Zone in the north side of Nebraska St. from the corner of Envelope Terrace to the driveway of Dunkin Donuts.

John Kickham request that a sign be placed at 304 Shrewsbury St. to deter people from blocking the driveway.

Transmitting Informational Communication Relative to the Appointment of Constables for Calendar Year January 2009 through December 2009.

Transmitting Informational Communication Relative to the Appointment of Robert Diaz to the Worcester Redevelopment Authority.

Transmitting Informational Communication Relative to an Update on the Health Insurance Dependent Care Audit Process.

Transmitting Communication Relative to a Permitting Guidebook Entitled "Building in Worcester: A Developer's Guide."

Transmitting Informational Communication Relative to the City's Designation as a Platinum Community by the Massachusetts Biotechnology Council.

Transmitting Communication Relative to the Citywide Energy Savings Audit.

Request City Council Review, Deliberation, Adoption of a Resolution to File and Accept Funds from the Commonwealth Corporation for the 2009 YouthWorks Summer Jobs Program.

Request City Council Review, Deliberation, and Adoption of a Resolution to File and Accept Federal Aviation Administration Emergency Material Arresting System grants.

Transmitting Communication Relative to the Ice Storm Debris Collection Update.

Transmitting Informational Communication Relative to the Tree City USA and Growth Award from the National Arbor Day Foundation.

Request to Accept a Donation, with Gratitude in the Amount of Two Thousand Dollars ($2,000.00) from the Anti-Defamation League.

Request City Council Review, Deliberation, and Adoption of a Resolution to File and Accept a Federal Housing and Urban Development Homeless Prevention and Rapid Re-Housing Program Grant.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Division of Public Health

Recommend that City Council Accept with Gratitude, a Donation in the Amount of One Thousand Dollars ($1,000.00) from Mary E. Lane to the Worcester Public Library.

Transmitting Responses to Questions Posed at Finance Committee Meetings of April 7, 2009 and April 14, 2009.

SUPPLEMENTAL: Transmitting Update Relative to the Fiscal Year 2009 Budget.

Recommend that One Hundred Seventy Three Thousand Seven Hundred Fifty Dollars And No Cents ($173,750.00) be transferred from Loan Account #91C793, Golf Improvements, and be appropriated to Golf Account #71C702, Green Hill Golf Improvements, to fund expenses associated with electrical, plumbing and heating improvements.

Recommend that Two Thousand Nine Hundred Dollars And No Cents ($2,900.00) be transferred from Account #04S616, Cable Services Revenues, and be appropriated to Account #680-92120, Technical Services Other Personal Services, to fund consulting services associated with the City-wide network replacement.

Recommend that Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #663-96000, Health Insurance and appropriated to Account # 172-96000, Unemployment Compensation, for payment of unemployment claims in FY09 related to the City's recent personnel reductions.

Recommend the adoption of a Loan Order in the amount of One Million One Hundred Twenty Five Thousand Dollars And No Cents ($1,125,000.00) be appropriated to Account #41S627, Tree Branch Removal, for the purpose of payment of all cost related to the December 2008 Ice Storm.

Transmitting Communication Relative to Fiscal Year 2010 Budget Impact Statements for the Division of Human Resources, Division of Public Health, Division of Elder Affairs, Office of the City Manager, and Worcester Public Library.

Transmitting Communication Relative to the City's Response to the Swine Flu Outbreak.

Roberta Schaefer, Ph.D, President and CEO of the Worcester Regional Research Bureau transmitting Benchmarking Public Safety in Worcester: 2009

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager respectfully requesting City Council review, consideration, and adoption of a Reorganization of the Departments, Boards, and Commissions of the City of Worcester: recommend passage of the accompanying proposed Ordinance. (Haller - April 28, 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)

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

PETITION - Councilor Gary Rosen request Commissioner of Public Works and Parks alleviate the hazardous conditions, traffic backup and driver frustration by changing the arrows painted on both directions of May St. at Park Avenue so that the left lane becomes left turn only while the right lane is for both straight-through and right turn traffic.

Motion Eddy @ #9.14A CM - Request City Manager consider exploring a process to begin removing December 13, 2008 ice storm debris.

Motion Germain, Rushton and Toomey @ #9.28A CM - Request the City Manager consider at a minimum delaying the laying-off of the Public Health Nurses at least until the swine flu threat has either subsided or been addressed comprehensively by the Massachusetts Department of Public Health

Motion Germain and Rushton @ #9.42B CM - Request City Manager discuss with the Superintendent of the Worcester Public Schools the possiblity of communicating with the parents of students through Connectin or any other efficient and thorough means of communicating the current public health threat.

Motion Germain - Suspension of Rules - Request the City Manager inform the City Council why the city chose to mail excise tax bills this year without paying to have them forwarded to a new address or a Winter address and also report the difference per piece that was saved for paying for forwarding mail.

Motion Germain - Suspension of Rules - Request the City Manager provide the City Council with the number of excise tax bills that were returned this year undeliverable as addressed.

Motion Germain - Suspension of Rules - Request the City Manager provide the City Council with the amount of interest and demand charges that have been collected this year from excise tax billings.

Motion Rosen - Suspension of Rules - Request the City Manager refer the future model of public health services in Worcester, including all recommendations made by the Task Force, to the City Council for community input through public hearings by the Council's Public Health & Human Services Committee.

PETITION - Councilor Barbara Haller on behalf of Jonathan Finkelstein, Attorney on behalf of Yum! Brands, Inc. requests the City Council to amend the Zoning Map from RG-5 to BG-3 for a portion of a parcel of property known as 8 West Oberlin St.