CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 10, 2009

Esther Howland Chamber

Convened: 7:35 P.M.

Recessed to Executive Session: 9:33 P.M. Reconvened to Open Session to Adjourn: 10:25 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

NATIONAL GRID for electric cable and conduit system: RICH ST.,TORY FORT LANE, TIVERTON PARKWAY, MILL ST. AND PLEASANT ST.

Granting permission to NATIONAL GRID for electric cable and conduit system: RICH ST.,TORY FORT LANE, TIVERTON PARKWAY, MILL ST. AND PLEASANT ST.

NATIONAL GRID for electric cable and conduit system: JUNE ST. AND CHANDLER ST.

Granting permission to NATIONAL GRID for electric cable and conduit system: JUNE ST. AND CHANDLER ST.

LIGHT TOWER FIBER LLC for a conduit location: WILSON ST.

Granting permission to LIGHT TOWER FIBER LLC for a conduit location: WILSON ST.

LIGHT TOWER FIBER LLC for conduit location: KENDALL ST.

Granting permission to LIGHT TOWER FIBER LLC for conduit location: KENDALL ST.

LIGHT TOWER FIBER LLC for conduit location: CATHARINE ST.

Granting permission to LIGHT TOWER FIBER LLC for conduit location: CATHARINE ST.

LIGHT TOWER FIBER LLC for conduit location: MARSHALL ST.

Granting permission to LIGHT TOWER FIBER LLC for conduit location: MARSHALL ST.

LIGHT TOWER FIBER LLC for conduit location: WALNUT STREET

Councilor Joffrey A. Smith request sidewalk repair in front of 37 Lynnwood Ln.

Anthony Cerundola request sidewalk repair in front of 9 Longfellow Rd.

Sojung Jun, et al request sidewalk from 113 to 117 Lovell St. be repaired.

Ronald Thebodo request handicap parking directly across from 18 Kosta St.

Lisa Recore request handicap parking space for 46 Sylvan St.

Tanya McCarthy request that the handicap parking zone in front of 42 Gage Street be rescinded and the signage be removed.

Tanya McCarthy request that a handicap parking zone and signage be installed in front of 9 Winthrop Street.

Councilor Joffrey A. Smith on behalf of Maryjane Reed request the installation of blind driveway and/or blind street signs in Salisbury Street westbound in the approach to Butternut Hill Road.

Councilor Joffrey Smith on behalf of Maryjane Reed request the posting of speed limit signage in Salisbury St. between Flagg St. and Forest St.

Councilor Joffrey Smith on behalf of Maryjane Reed request speed enforcement in Salisbury Street between Flagg Street and Forest Street.

Maryanne Kazmierczak request to remove one handicapped parking space from in front of 65 Fifth Avenue.

Paula Rutherford request handicap parking in front of 17 Dryden St.

Nancy Curtis request changing the parking on Claridge Dr. from One Hour 8:00 am - 5:00 pm to resident permit parking Monday-Friday.

Councilor Joseph Petty request that parking on Boynton St. be prohibited on one side during winter months.

Josephine Kinya request handicap parking space at 35 Outlook Dr. Apt. 21.

Councilor Paul P. Clancy, Jr. request to install a blind drive sign in the westbound approach to 51Blithewood Ave.

Energy Efficiency and Conservation Program Quarterly Report November 2009

Recommend Adoption of a Resolution to File and Accept a Department of Energy Resources (DOER ) High Performance Buildings Grant.

Transmitting Informational Communication Regarding Workforce Investment Act Funds.

Transmitting Informational Communication Relative to a Study of the Cause(s) of Urban Street Flooding in the Brosnihan Square, Four Corners and Canterbury/Southgate Street Areas.

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

Transmitting Informational Communication Relative to the Top Water/Sewer Users in the City.

Transmitting Informational Communication Relative to the Appropriation of Forty Five Thousand Dollars and No Cents ($45,000.00) to the Quinsigamond Village Neighborhood from the Greenwood Street Landfill Account for the Purpose of Funding the Construction of a Parking Lot at the Greenwood Gardens Housing Development.
Refer to CCM Item 8.38P

Transmitting Informational Communication Relative to the Eradication of the Asian Longhorned Beetle.

Transmitting Informational Communication Relative to the Private Property Tree Adoption Program.

Recommend City Council Adoption of a Resolution to File and Accept a 2009-2010 Traffic Enforcement and Equipment Grant from the Massachusetts Executive Office of Public Safety and Security.

Recommend Adoption of a Resolution to File and Accept a FFY 2009 Metropolitan Medical Response System Grant.

Transmitting Informational Communication Relative to Recent Property Reveiw Team (PRT) and Housing and Health Inspections Activities.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Two Thousand Dollars and No Cents ($2,000.00) to the Office of Human Rights and Disabilities from Elder Affairs of Worcester Area, Inc.

Transmitting Informational Communication Relative to the Great American Smoke Out.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Food and Supplies from Wal*Mart for the Volunteers at the City's Annual Community Immunity Day on October 10, 2009.

Transmitting Informational Communication Relative to the First Quarter Donations made to the Worcester Public Library.

Transmitting Informational Communication Relative to the City's 56th Annual Veterans' Day Ceremony and Schedule of Events.

Transmitting Informational Communication Relative to 103 Holden Street.

Recommend Adoption of the Revised Abandoned Building Ordinance.

Recommend that Ten Thousand Five Hundred Fourteen Dollars And Forty Four Cents ($10,514.44) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of Central Garage Equipment.

Recommend that One Hundred Nineteen Thousand Six Hundred Seventy Six Dollars And Twenty Cents ($119,676.20) be transferred from Loan Account #91C731OA, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of equipment.

Recommend that Nine Thousand Eight Hundred Fifty Eight Dollars And No Cents ($9,858.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of equipment.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping, to allow for the payment of current and anticipated obligations for the Sewer Pumping Station Capital Program.

Recommend that Fifty Five Thousand Eight Hundred Dollars And No Cents ($55,800.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70206, Logan Field, to fund current construction obligations.

Recommend that One Hundred Thirty Nine Thousand Six Hundred Ninety Four Dollars And No Cents ($139,694.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of capital equipment.

Recommend that Seven Hundred Thousand Dollars And No Cents ($700,000.00) 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 Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) 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 Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction, to provide funds for the payment of current and future expenditures.

Recommend that One Hundred Forty Five Thousand Seven Hundred Sixty Five Dollars And No Cents ($145,765.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #26C706, Worcester Fire Department Building Rehabilitation, for various expenses related to Providence Street Fire Station.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704, Schools Building Rehabilitation, to provide funding for various school rehabilitation projects.

Recommend that Three Thousand Eight Hundred Eighty Nine Dollars And No Cents ($3,889.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #28C702, Inspectional Services Building Rehabilitation, to fund the replacement of one heat exchanger at 25 Meade Street.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C741OB, Street Construction, and be appropriated to DPW Account #41C732, Street Construction, to allow for the payment of current and anticipated project obligations.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741OB, Street Construction, and be appropriated to DPW Account #41C773, Prouty Lane Culvert, to allow for the payment of current and anticipated obligations for the Prouty Lane Culvert Capital Project.

Recommend that Fifty Three Thousand Dollars And No Cents ($53,000.00) be transferred from Account #91C797, Airport Improvements/Rehabilitation, and be appropriated to various accounts to provide funding for various Airport projects.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Account #330-54, Reserve for Appropriation Greenwood Street Landfill, and be appropriated to Account #41C602, Quinsigamond Village Neighborhood (Greenwood Street Landfill), to provide funding for the construction of a parking lot.
Refer to CCM Item 8.14C

Recommend that Two Hundred Three Thousand Five Hundred Thirty Seven Dollars And No Cents ($203,537.00) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and be appropriated to Account # 660-92000, Treasury Ordinary Maintenance, to fund costs associated with the issuance of the November 5, 2009 Bond Anticipated Notes.

Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Account #280-91000, Inspectional Services Personal Services, and be appropriated to Account #280-92000, Inspectional Services Ordinary Maintenance, to provide additional funding for relocation costs.

Request City Council Convene in Executive Session After the Meeting of November 10, 2009 for Purposes of Discussing Collective Bargaining.

Transmitting Informational Communication Relative to the H1N1 Influenza Vaccination Clinic Held on Monday, November 2, 2009.

Transmitting the Auditor's Report for September 2009.

FROM THE JOINT COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS & PUBLIC WORKS - Request City Manager request the Commissioner of the Department of Public Works and Parks to provide the City Council with a listing of the cities and towns who have voiced concerns relative to House Bill 834 and its impacts.

Request City Manager consider appointing residents from Central Massachusetts as members of the Worcester Health Board in order to facilitate the goal of regionalizing services with neighboring cities and towns. (Lukes)

Request City Manager review the practice of hiring only residents of Worcester for Executive Management positions and recommend an amendment to Chapter 2 Section 8 of the Revised Ordinances to provide for a change in the current residency requirement. (Lukes)

Request City Manager request the Police Chief to conduct enforcement of stop sign at Boston Avenue and Glezen Street in the interest of public safety. (Clancy)

Request City Manager update the City Council concerning the Payment-In-Lieu-of-Taxes program. (Palmieri)

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Downtown Worcester Office Occupancy: 2009 Survey.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amend Section 42 of Chapter 13 of the Revised Ordinances of 2009 to rescind 15 minute parking in front of 4 Richmond Ave and in place thereof install one hour parking.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Edward Sullivan request that directional signs to I-190 and I-290 be installed in Brattle Street near the intersection with Ararat Street.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Arthur Tomasetta request the installation of a blind driveway sign facing westbound traffic in Blithewood Ave. east of the driveway to the Hickory Hills complex.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Norman Burke request handicap parking in front of 21 Waverly St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Guzman request handicap parking in front of 50 Norfolk St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Victor Martinez request handicap parking in front of 8 Shepard St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Diane Jones request handicap parking in front of 131 Maywood St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Damaris Sanchez-Heredia request handicap parking in front of 34 Lakeside Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Troutner request handicap parking at 6 Moen St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Shirley Fitton request handicap parking in front of 5 Manomet St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lucy Gangone, Head Librarian at Worcester Public Library, request two handicap parking spaces be installed on Library Lane: recommend passage of the accompanying proposed Ordinance for two handicap parking spaces and two 15 minute parking spaces from 8am-8pm adjacent to each HP space.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen Grasseschi request removal of handicap parking on the northwest corner of Cameron St. next to 694 Franklin St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nikki Nguyen request removal of "No Parking" signs in front of 6A Boylston St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy on behalf of Peter & Katy Sullivan request to install a "No Parking during School hours" in front of 1 & 7 Aylesbury Rd.: recommend passage of he accompanying three (3) proposed Ordinances to install two ten-foot No Parking Zones on either side of driveway at 1 & 7 Aylesbury Rd. and one twenty foot No Parking Zone across from driveway at 1 Aylesbury Rd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Moore et al request restriction of parking on the west side of Courtland St. from a point 116 feet south of June St. to a point 166 feet south of June St. to allow sufficient road width for emergency vehicles to pass unobstructed: recommend passage of the accompanying proposed Ordinance to install no parking on the east side of Courtland St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy Jr. request reversal of winter parking ban on Gediminas Street to the odd numbered side to allow residents to park in front of their homes: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Musich et al request resident permit parking on Winneconnett Rd.: recommend passage of the accompanying two (2) proposed Ordinances to install resident permit parking on the odd side from #33 Winneconnett Rd. to the corner of Mohican Rd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy Jr. request installation of stop sign on the newly constructed section of Houghton St. at Heywood St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Francine Phillips request to put back the stop signs that were removed at Brightwood Ave. and Hampton St. facing north to south: recommend passage of the accompanying proposed Ordinance.

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)

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Motion Eddy @ #4a & 4b CC - Request City Manager request a National Grid representative who is familiar with the plans for City Council items #4a & 4b appear at the November 17th City Council meeting to respond to questions.

Motion Smith @ #8.15A CM - Request City Manager request National Grid consider moving poles for replanting efforts.

Councilor Toomey to amend: Further, request National Grid straighten poles in the ALB affected neighborhoods. - Approved

Motion Haller @ #8.13A CM - Request City Manager mail a copy of City Managers item #8.13 A to businesses in noted business within the affected flooding areas.

Motion Germain @ #8.13A CM - Request City Manager provide City Council with the minutes of the ZBA meeting which allowed the existence of a salt pile located in Southbridge St. at the P& W Railroad yard as well as a list of property owners who were notified.

Motion Germain @ #8.13A CM - Request City Manager request FEMA declare the areas noted in City Manager's item #8.13A be declared a flood zone.

Motion Clancy @ #8.13A CM - Request City Manager provide a report concerning the expectations versus realities of the channel built to alleviate flooding caused by the Blackstone River and Middle River in Quinsigamond Ave.

Motion Haller @ #8.13A CM - Request City Manager report to City Council the feasibility for implementing an early warning system for notifying subscribers of possible flooding.

Motion Haller @ #8.14A - Request City Manager fast track amending the ordinance that would make it illegal to place household waste in public receptacles.

Motion Haller @ #8.14A - Request City Manager consider moving forward with a survey relative to the city's cleanliness.

Motion Haller @ #8.22 A CM - Request City Manager provide City Council with a report outlining the tools available to the public for notifying the city of any potential problem properties.

Motion Smith @ #8.32A CM - Request City Manager provide City Council with a report relative to the status of any wetland concerns at 103 Holden St.

Motion Rosen @ #8.32A CM - Request City Manager update City Council of the any issues concerning the house at 103 Holden St.

Motion Rosen @ #8.32A CM - Request City Manager inform City Council of the final decision concerning the fence at 103 Holden St.

Motion Petty @ #11b CC - Request City Manager provide City Council with residency ordinances from other Massachusetts cities.

Motion Lukes @ #11d CC - Request the Clerk of the School Committee provide City Council with a copy of the list of programs that local colleges provide to the city of Worcester.

Motion Germain @ #11d CC - Request the Clerk of the School Committee identify programs, which provide services to the City of Worcester, that are part of students curriculum.

Motion Toomey @ #11d CC - Request City Manager request the Colleges of Worcester Consortium provide City Council with their annual report of services provided by the city member colleges.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a cost estimate for and placement of a live fir tree of appropriate size to be placed in the Common to be utilized as a permanent holiday and Christmas tree.

Motion Smith - Suspension of Rules - Request City Clerk provide City Council with a report concerning budget impacts to staffing support for City Council subcommittees and office operations.