CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 15, 2009

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:01 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

The Mayor read a Proclamation declaring September 2009 as Alcohol and Drug Addiction Recovery Month. The proclamation was presented by Council Rosen to Maryanne Frangules, Director of MOAR (Massachusetts Organization for Addiction Recovery).

Councilor Barbara G. Haller request removal of a tree stump in front of 29 Clifton St.

Robert Dreyer request more benches at the bus stop on Main St. across from City Hall.

Margaret Jaffarian request the tar sidewalk in front of 95 Barnard Rd. be replaced with cement.

Mary Dionne request grading of the public road in front of 100 Elliott St.

Mary Jarowski request to resurface sidewalk in front of 26 Whitmarsh Ave.

Councilor Joffrey A. Smith request repair of sidewalks in front of 176 Fairhaven Rd.

Councilor Kathleen M. Toomey on behalf of the Educational Association of Worcester request repair of sidewalks in front of 397 Grove St.

Councilor Barbara G. Haller request repair of sidewalks on both sides of Clifton St. between Oberlin St. and Clifton Terrace.

Councilor Barbara G. Haller request to resurface Glade St.

Councilor William J Eddy on behalf of Deborah Hines request sidewalk repair in front of 64 Coolidge Rd.

Eddie Vasquez request "No Parking" on the odd side of Gediminas St.

Darlene Gleason and Anne Barter request to install a four-way stop sign on Sunderland Rd. at Dalton St.

Joseph Jean-Claude request a traffic light be placed at the intersection between Drummond Ave. and Route 122A.

Sally Deflumere request to remove the resident permit parking on Kendig St.

Transmitting Informational Communication Relative to the Reappointment of Deborah McNamara to the Cultural Commission.

Transmitting Informational Communication Regarding the Reappointments of Ruth Miller, Steven Smajkiewicz and Gail Smith to the Elder Affairs Commission.

Transmitting Informational Communication Relative to the Reappointment of Lee Bartlett to the Memorial Auditorium Board of Trustees.

Transmitting Informational Communication Relative to the Reappointment of Paul Zendzian to the Off-Street Parking Board.

Transmitting Informational Communication Relative to the Reappointment of Jared Swerzenski to the Parks and Recreation Commission.

Transmitting Informational Communication Relative to the Reappointment of Calvin Hill to the Affirmative Action Advisory Council.

Transmitting Informational Communication Relative to the Reappointments of Scott Najarian and Edward Pietrewicz, Jr. to the Civic Center Commission.

Transmitting Informational Communication Relative to the Status of the Disposition Process for the Fire Alarm Building Located at #230 Park Avenue.

Transmitting Informational Communication Relative to an Update on the City's Neighborhood Revitalization Strategy Areas (NRSAs).

Recommend Adoption of a Resolution to File and Accept a United States Department of Transportation (DOT) Transportation Investment Generating Economic Recovery (TIGER) Grant.

Transmitting Informational Communication Relative to an Update on the City's Purchase of the Street Light System from National Grid.

Transmitting Informational Communication Relative to the Cambridge Street Area Sewer Improvements Project.

Recommend Adoption of an Amendment to the Revised Ordinances of 2008, Chapter 8, Section 14, Subsection (a)(2) Relative to the Confinement of Dogs on Private Property.

Recommend Adoption of a Resolution to File and Accept a Donation from the Friends of Worcester's Senior Center, Inc. for Program and Outreach Support.

Recommend that City Council Accept with Gratitude a Donation in the Amount of Seven Thousand Five Hundred Dollars ($7,500) from the Massachusetts Board of Library Commissioners to the Worcester Public Library.

Recommend that City Council Accept with Gratitude a Donation in the Amount of One Thousand Seven Hundred and Fifty Dollars ($1,750) to the Worcester Public Library from the Worcester Public Library Foundation as Received by the Worcester Cultural Commission.

Transmitting Informational Communication Relative to the Fiscal Year 2010 Valuations and Tax Rates.

Transmitting Informational Communication Relative to State Office of Women & Minority Business Association (SOWMBA) Certified Vendors/Contractors.

Recommend that Seven Hundred Thousand Dollars And No Cents ($700,000.00) 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 Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C738, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C745, Sewer Construction, and be appropriated to Account #44C771, Infiltration, to allow for the payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) 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 One Million Dollars And No Cents ($1,000,000.00) be transferred from Loan Account #91C7410F, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) 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.

REPORT OF THE PLANNING BOARD Upon the Petition of Todd Rodman, Attorney on behalf of Main South Community Development Corp., request to remove Tainter Court, a private street, from the Official City Map.

That the sum of One Million Dollars And No Cents ($1,000,000.00) be appropriated to Account #91C7450H, Sewer Construction, to pay costs associated with improvements to the City's sewer system required as part of the Commonwealth of Massachusetts Wachusett Reservoir Project.

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)

RESOLUTION - That the City Council of the City of Worcester hereby goes on record in support of the filing and acceptance of a Transportation Investment Generating Economic Recover (TIGER) grant for funding the Canal District Gateway Project. (Haller)

Motion Eddy @ #7.20A CM - Request City Manager report to City Council with a recommendation for the arming of animal control officers who are now assigned to work at the Worcester Police Department.

Motion Rosen @ #7.20A CM - Request City Manager provide City Council with an update of the leash law and what the city can do to keep dogs outside of parks and especially from the playground areas within the parks.

Motion Toomey @ #7.20A CM - Request City Manager report to City Council with a recommendation for controlling the collection of animal waste and especially dog waste from city parks. Further, request City Manager review the possibility of establishing fines for dogs in city parks where dogs are not allowed.

Motion Toomey Motion Toomey @ #7.32A CM - Request City Manager meet with board members of the MLK Jr. Business Empowerment Center relative to SOWMBA.

Motion Lukes - Suspension of Rules - Request City Manager communicate with DCAM regarding it's plans for the disposal of the old Court House site at Main and Highland Sts. and how this disposal process will integrate the future use of that court house parcel with the city's master plan concerning the North Main St. Economic Development Strategy.

Motion Clancy to amend: Further, request City Manager provide City Council with an outline of DCAM's process for disposal of property. - Approved

Motion Petty - Suspension of Rules - In light of the public safety problems on the MBTA Worcester line on September 14 and 15, 2009, request City Manager schedule a second Transportation Summit to discuss the future plans concerning Worcester's transportation systems for trains, planes and buses.

Motion Lukes to amend: Further, request City Manager communicate with CSX and the MBTA regarding the two recent train mishaps and report back to City Council next week. - Approved

Motion Clancy to amend: Further, request City Manager contact Governor's Executive Office on Transportation and request a report concerning the train incidents of September 14 and 15, 2009 as to what happened and how it occurred. - Approved

Motion Rosen - Suspension of Rules - Request City Manager provide City Council with a report relative to the city's response and what the city can do regarding recent sightings of foxes in the Judson Road neighborhood.

Motion Rosen - Suspension of Rules - Request City Manager report to City Council as to the potential opening of the skating rink on the Worcester Common this winter.

Motion Toomey to amend: Further, request City Manager include in the report plans for the skating rinks maintenance, operational costs and funding sources. - Approved

PETITION - Councilor Joffrey A. Smith on behalf of Eric Richmond and Richard Lovett request permanent street repair at 90 Lynnwood Lane.

PETITION - Councilor William J. Eddy request the posting of signs for the restriction of commercial vehicles over 2 Tons on Victor Ave.

PETITION - Councilor William J. Eddy request to resurface Rob Roy Rd.

Motion Clancy - Suspension of Rules - Request City Manager report to City Council as to how many residents have taken advantage of the $2,000 grant available for installation of back flow valves on their properties and how many residents could still take advantage of this program.

Motion - Suspension of Rules - Request City Manager report to City Council what is the current policy relative to the retention of emails by city administrators and if it appears the current policy is not in accordance to public records law what are the necessary steps to make sure all public discourse is properly recorded and maintained.