CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 23, 2010

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:37 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order of Councilor Michael J. Germain - Suspension of Rules - That the City Council of the City of Worcester be and is hereby requested to accept and the City Manager be and is hereby authorized and requested to implement the provisions of House Bill #3588 which would upon final acceptance establish a procedure for the collection of unpaid fines related to snow or ice removal, code violations and health violations. (Held February 2, 2010 & February 9, 2010 Germain)

The Mayor read a proclamation declaring the week of February 22, 2010 as Dominican Heritage Week in Worcester which was presented to Nestor Chevalier of The Dominican House of Worcester (La Casa Republica Dominica de Worcester) by Councilor Haller.

Al Belmonte request to remove the tree stump and plant a new tree at 264 Shrewsbury St.

Dina Rassias request Hecla St. be made public.

Walter Zmyslowski request Marion Ave. be resurfaced.

Michael Lusardi & Sherry Olson-Lusardi request to replace culvert in Rollingwood Dr. to prevent flooding to adjacent properties.

Kathleen A. Jewell request abatement of street betterment assessment #24724 in the amount of $5,600.48 for Inverness Ave.

Ronal Madnick requests the City Council adopt a "Public Access" open forum in the first 30 minutes of any Council meeting allowing anyone present to speak on any item of business on the Council agenda for that meeting regardless of its position on the Council agenda.

Ronald Madnick requests that the primary petitioner who petitions the City Council be allowed to speak on their petition the day it appears on the agenda. A maximum of five minutes should be allotted to each petitioner including those with more than one petition.

Virginia Ryan et al request that the City of Worcester initiate MGL Chapter 59, Section 5, namely, the Senior Deferral to defer payment of local property tax until the house is sold or the senior citizen dies.

Canh Ngo et al request bus stop and bus booth be moved from in front of 91 Stafford St.

Thomas Duggan request handicap parking at 13 Jaques Ave.

Luis Abreu request Resident Permit Parking on the even side of Hawley St.

Councilor Kathleen M. Toomey on behalf of Nancy & James MacDonald request installation of a Resident Sticker Parking Zone in Vendora Rd. near the commercial establishments.

Nicole Apostola request that there be a moratorium on street sign replacement in the city until there is a consistent street sign design template for all city streets and all signs meet MUTCD/MassDOT guidelines.

Transmitting Informational Communication Relative to the Appointment of Constables for the Calendar January - December 2010.

Transmitting Informational Communication Relative to the Appointment of Duaiye Gibli to the Historical Commission.

Transmitting Informational Communication Relative to the Appointment of Christopher Rodwill to the Memorial Auditorium Board of Trustees.

Transmitting Informational Communication Relative to the Appointment of Tara Leahy to the Mayor Thomas Early Scholarship Committee.

Transmitting Informational Communication Relative to the Appointment of Nicole Apostola to the Hope Cemetery Board of Commissioners.

Transmitting Informational Communication Relative to the Worcester Cultural Coalition's Receipt of a $25,000 Grant from the Massachusetts Cultural Council.

Transmitting Informational Communication Relative to the Philadelphia Plan Tax Abatement Program.

Transmitting Informational Communication Relative to the American Dream Downpayment Initiative (ADDI).

Recommend Adoption of Two (2) Resolutions to File and Accept Grant Funds from the Greater Worcester Community Foundation in Support of the Youth Opportunities Office.

Recommend Adoption of Resolutions to File and Accept Grant Funds from the FAA and the Mass. Department of Transportation-Aeronautics Division for the Rehabilitation of a Portion of Runway11-29, the Reconstruction of Taxiway Delta and Miscellaneous Airfield Improvements at the Worcester Regional Airport.

Transmitting Informational Communication Relative to a Transportation Improvement Project Public Hearing for Belmont Street (Route 9 East).

Transmitting Informational Communication Relative to an Award of Six Hundred and Forty Thousand Dollars and No Cents ($640,000.00) from the 2009 Assistance to Fire Fighters Grant Program for the Purchase of a New Fire Truck.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Seven Thousand Four Hundred Forty Seven Dollars And No Cents ($7,447.00) from the Friends of Worcester's Senior Center, Inc.

Recommend that City Council Accept with Gratitude a Donation of Two Hundred and Fifty Dollars and No Cents ($250.00) to the Worcester Senior Center from Ms. Elaine Wrubel, Chair of the Commission on Elder Affairs.

Recommend City Council Accept with Gratitude a Donation of One Hundred Fifty Dollars and No Cents ($150.00) from the Greendale Retired Men's Club to Support Programming at the Worcester Senior Center.

Recommend City Council Accept with Gratitude a Donation in the Amount of Three Thousand Dollars and No Cents ($3,000.00) from the Estate of Mrs. Janet B. Svenson to the Worcester Talking Book Library.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C744, Off Street Parking Building Rehabilitation, and be appropriated to DPW Account #46C704, Federal Plaza Building Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C744, Off-Street Parking Building Rehabilitation, and be appropriated to DPW Account #46C702, Pearl Elm Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Seven Thousand Three Hundred Eighty Three Dollars And Sixty Cents ($7,383.60) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #28C702, Inspectional Services Building Rehabilitation, to provide funding for roof repairs at 25 Meade Street.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C7410A, Guardrails, and be appropriated to DPW Account #41C798, Guardrails, to allow for the payment of current and future obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7130D, Water Filtration, and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Eleven Thousand Seven Hundred Ninety Five Dollars And No Cents ($11,795.00) be transferred from Loan Account # 91C711, Citywide Rehabilitation, and be appropriated to Account #11C702, City Messenger Rehabilitation, for anticipated invoices for the ongoing improvements to City Hall.

Recommend Five Hundred Thousand Dollars ($500,000.00) 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 Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704, School Building Rehabilitation, to provide funding for various schools to become FOG compliant.

Recommend that One Thousand Five Hundred Dollars And No Cents ($1,500.00) be transferred from Account #340-97000, Elder Affairs Overtime, and be appropriated to Account #340-92000, Elder Affairs Ordinary Maintenance, to provide funds for unforeseen operating expenses for the Worcester Senior Center through the remainder of FY 2010.

Recommend that Thirty Seven Thousand Six Hundred Four Dollars And Ten Cents ($37,604.10) be transferred from Account #330-08, Reserve for Appropriations on Loans, and be appropriated to Account #660-92000, Treasurers Office Ordinary Maintenance, to fund the costs associated with the issuance of the Bond Anticipation Notes dated 2-9-10.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #280-91000, Inspectional Services Personal Services, and be appropriated to Account #280-92000, Inspectional Services Ordinary Maintenance, to fund unforeseen operational expenses through the remainder of Fiscal Year 2010.

Recommend that Three Thousand Four Hundred Thirteen Dollars And Thirty Eight Cents ($3,413.38) be transferred from Account #100-91000, City Clerk Personal Services, and One Hundred Eighty Dollars And Twenty Eight Cents ($180.28) be appropriated to Account #150-97000, Elections Overtime, and Three Thousand Two Hundred Thirty Three Dollars And Ten Cents ($3,233.10) be appropriated to Account #100-97000, City Clerk Overtime, to cover overtime expenses associated with the Special State Primary of December 2009 and the Special State Election of January 2010.

Recommend that Six Thousand Dollars And No Cents ($6,000.00) be transferred from Account #550-91000, Library Personal Services, and be appropriated to Account #550-97000, Library Overtime, to cover unforeseen overtime expenses.

Transmitting Informational Communication Relative to the 2010 Caffrey Memorial Award

Transmitting Informational Communication Relative to Freight and Commuter Rail Transportation.

Transmitting Auditor's Report for January 2010.

Request City Manager communicate with Google to indicate the city’s desire to be a host community for the initial build-out of a new dark-fiber network that will eventually deliver phone, internet and video. (Petty)

Request City Manager provide City Council with an update concerning the Asian Long Horned Beetle eradication efforts and further, request that he provide recommendations for the USDA funding. (O'Brien)

Request City Manager provide City Council with a legal opinion regarding the process for commencement of eminent domain proceedings by the City for the CitySquare project. (Lukes)

Request City Manager inform City Council of any and all inspections of city owned and hired vehicles that are deployed during ice and snow events specifically relating to any methods or inspections conducted of their capacities to ensure they are not overloaded. (Rushton)

Request City Manager prepare for City Council review and approval an amendment to the revised ordinances similar to the City of Boston’s Responsible Pit Bull Ownership ordinance (attached). (Eddy, Clancy., Rushton, Petty, Lukes, Toomey)

Request City Manager report to City Council as to the possibility of authorizing the Police Chief by either state law or city ordinance to require training of animal (dog) owners after their animal has been involved in an attack on another person or animal. Said report should include the location for said training and costs associated with such a program. (Palmieri)

Request City Manager report on the feasibility of posting the City's "checkbook" on line showing transactions with vendors involving a payment by the city, similar to that used in Cook County, Illinois, in order to show where tax dollars go and to whom and to promote transparency. (Lukes)

Request City Manager report on the City's payments for school transportation costs and the past history of those payments. (Lukes)

Request City Manager report on the City's payments and the history of those payments for debt on school construction. (Lukes)

Request City Manager update City Council concerning the Master Plan for Harrington Way Park and the Jack Barry Little League fields. (Palmieri)

Request City Manager contact the Hanover Center for the Performing Arts to seek out any opportunity for summer theater at the Cristoforo Colombo Park pavilion. (Palmieri)

Request City Manager report to City Council whether or not the City of Worcester can structure bids so as to disallow out-of-country vendors from competing with US-based vendors for the city’s business. (Toomey)

#12a CC December 15, 2009
Communication of the City Auditor transmitting Auditor's Report for October 2009.

#10a CC December 22, 2009
Communication of the City Auditor transmitting communication relative to the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2009.

#7a CC January 12, 2010
Communication of the City Auditor transmitting Auditor's Report for November 2009.

#10c CC January 12, 2010
Communication of the City Manager transmitting communication relative to the City Budget.

#19h CC January 12, 2010 Communication of the City Manager transmitting communication relative to Fiscal Year 2010 second quarter revenues.

#7.39B CM January 26, 2010
Communication of the City Manager transmitting informational communication relative to the City's Fiscal Year 2011 Budget.

#7.31A CM February 2, 2010 Communication of the City Manager transmitting Informational Communication Relative to the Governor's Proposed Budget Recommendations for Fiscal Year 2011.

#8a CC February 9, 2010
Communication of the City Auditor transmitting Auditor's Report for December 2009.

#11a CC February 9, 2010
Communication of the City Manager transmitting communication relative to savings realized as a result of Employee Health Insurance Reforms: Contribution Rate/Plan Design Changes, Collective Bargaining, and the Implementation of Section 18.

Helen A. Friel, Ed.D., Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting informational communication regarding a list of programs that local colleges provide to the City of Worcester.

Helen A. Friel, Ed.D., Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting informational communication relative to identifying programs, which provide services to the City of Worcester, that are part of the students' curriculum.

Helen A. Friel, Ed.D., Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting informational communication relative to plans for setting aside stabilization funds.

Helen A. Friel, Ed.D., Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting informational communication relative to future plans and costs concerning applications for new Charter Schools.

Helen A. Friel, Ed.D., Assistant to the Superintendent of Public Schools/Clerk of the School Committee, transmitting informational communication relative to a list of reform efforts made within the budget of the Worcester Public Schools.

Thomas Walsh, P.E. Engineer Director/Treasurer for the Upper Blackstone Water Pollution Abatement District, transmitting it's Annual Report for Fiscal Year 2009.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Evanthia Koutoulas request to remove handicap parking space in front of 7 Shawmut St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Susan Cozzolino request to remove handicap parking zone in Plantation St. near the intersection with Caroline St: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Helen Monette request to remove the handicap parking in front of 19 Mendon St. as it is no longer needed: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Barbara Nayak request to reinstate the handicap parking space recently rescinded across from 18 Acton St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Albert Sam request handicap parking space in front of 7 Gates St.: recommend the passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Fai Tayu request to remove handicap parking space in front of 23 Courtland St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gerald Tuori on behalf of Becker College request that four (4) parking spaces on the north side of William St., in front of 66 William St., be restricted to two (2) hour parking from 8am-4pm: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request that a "No Left Turn 7am -9am and 1:30pm - 3:30pm school days" prohibition be installed for traffic exiting Wawecus Rd. into Burncoat St. in the interest of public safety: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request the winter parking ban be changed in Oak St. from the from the even-numbered side to the odd-numbered side: recommend the passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kevin O'Sullivan, President & CEO of Massachusetts Biomedical Initiatives, Inc., request to rescind existing ordinances for "30 Minute Parking" in west side of Prescott St. from Lexington St. to a pt. 108' north of Lexington St. and rescind "No Parking Anytime" in west side of Prescott St, from 108' north of Lexington St. to a pt. 487' north of Lexington St. Further, request to install "2 Hour Parking" in the west side of Prescott St. from Lexington St. to a pt. 50' south of Garden St: recommend passage of the accompanying proposed Ordinance

Amending Article Six of Part Two of the Revised Ordinance of 2008 relative to the Term of Constable Appointments

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

Order of Councilor Konstantina B. Lukes - Request City Manager report on the financial consequences to Worcester regarding the Governor's pending proposed pension reform legislation and to make recommendations for a more equitable formula for changes that will not cause Worcester to assume additional liability. (Tabled - O'Brien February 9, 2010)

Motion Petty @ #8.39B CM - Request City Manager report what railroad bridges in Worcester might be raised in the near future as part of the CSX expansion in Worcester.

Motion Lukes @ #8.39B CM - Request City Manager provide City Council with a plan outlining freight yard mitigation and economic development for the Franklin Street/Grafton Street area.

Motion Rushton @ #7h CC - Request City Manager report to City Council the affects of the implementation of MGL Chapter 59, section 5 in other communities.

Motion Lukes @ #8.35H CM - Request City Manager report to City Council as to when the Worcester Public Schools will complete FOG work.

RESOLUTION - Authorize the City of Worcester to File a Request For Information (RFI) with Google to demonstrate the City's interest in becoming a host community for the initial build-out of a new Dark-Fiber Network.

Motion Haller @ #10a CC - Request City Manger provide City Council with bullet points relative to the Google program.

Motion Toomey @ #10l CC - Request City Manager post on the city's web site a list of local vendors and their products.

Motion Toomey @ #12d CC - Request City Manager provide City Council with additional information relative to transportation costs for the Spirit of Knowledge Charter School.

Motion Toomey @ #12a CC - Request City Manager request the Superintendent of Public Schools post to the WPS web site a list of programs that local colleges provide to the City of Worcester.

Motion Toomey @ #12c & 12e CC - Request City Manager provide City Council with a report relative to comments made by Senator Panagiotakos concerning local aid cut projections for FY 2011 and the impact to the city and school budgets.

Motion Eddy - Suspension of Rules - Request City Manger contact Verizon and AT&T regarding poor cell communication on the city's West Side.

Motion Petty to amend: Further request City Manager provide City Council with a historical perspective concerning proposed new cell towers to be located in the city and the reasons this did not ever move forward.

Motion Toomey to amend: Further, request City Manager include Sunderland Rd and other ways in the East Side when discussing dropped cell calls.

Motion Smith to amend: Further, request City Manager work with all carriers to locate sites for cell towers to improve cell phone coverage in the West Side.

Motion Eddy - Suspension of Rules - Request City Manager prepare a plan for staffing levels needed to administer his office so it performs at its peak efficiency. Further, request City Manger include a dollar figure and where the funds might be found.

Motion Smith - Suspension of Rules - Request City Manger provide a report informing City Council of traffic improvements to the Tatnuck Square area since it was last reviewed by the Traffic & Parking Committee; further, request the report to include goals met, goals yet to achieve and short/long term plans for improvement; further, request report within two weeks.