CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 23, 2010

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:35 P.M.


Mayor
Joseph C. O'Brien

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. William J. Eddy
Michael J. Germain Barbara G. Haller
Konstantina B. Lukes Philip P. Palmieri City Clerk
David J. Rushford
Joseph M. Petty Frederick C. Rushton
Joffrey A. Smith Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR

3.

ROLL CALL - All present except Councilor Clancy with the Mayor in the Chair

Note: City Clerk David J. Rushford absent, Assistant City Clerk Susan M. Ledoux acting as clerk

4.

ITEMS OF CITIZEN INTEREST

4a.

Mayor O'Brien read a Proclamation declaring March 26th as Charles Olson Day., in observance of this week's Worcester County Poetry Association's conference recognizing of his centennial year of birth. Mayor O'Brien requested Councilor Haller to present the proclamation to Dr. Mark Wagner who on behalf of the Worcester Council Poetry Association thanked the City Council for honoring and appreciating Mr. Olson who was born in Worcester and became a noted poet and scholar.

Attachments

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Steven Patton, Executive Director of the Worcester Common Ground, request to remove Piedmont Court from the Official City Map.

Attachments

Referred to Planning Board

 

6b.

Deborah Malone request Parsons Hill Dr. be resurfaced.

Attachments

Referred to Public Works Committee

 

6c.

Lisa Rosenkrantz request Middlesex Ave. be resurfaced.

Attachments

Referred to Public Works Committee

 

6d.

Councilor Paul P. Clancy, Jr. on behalf of Nils Granfors request sidewalk repair at 24 Commonwealth Ave.

Referred to Public Works Committee

 

6e.

Deborah Malone request sidewalk repair for Parsons Hill Dr.

Attachments

Referred to Public Works Committee

 

6f.

Wayne Griffin request guardrail in front of 996 Pleasant St. at the intersection of Dellwood Rd.

Attachments

Referred to Public Works Committee

 

6g.

Deborah Malone request crosswalk at the even side of Parsons Hill Dr. across Goddard Memorial Dr. at the end of Parsons Hill Dr. nearest to Apricot St.

Attachments

Referred to Traffic and Parking Committee

 

6h.

Joseph DiLiddo request to remove resident permit parking in Gage St. from Berkley St. to East Shelby St.

Attachments

Referred to Traffic and Parking Committee

 

6i.

Susan Price request handicap parking space in front of 25 Windsor St.

Attachments

Referred to Traffic and Parking Committee

 

6j.

George Tonevski request resident permit parking on Ormond St.

Attachments

Referred to Traffic and Parking Committee

 

6k.

Councilor Philip P. Palmieri on behalf of Lucille Forest request to install a handicap ramp at crosswalk in Humboldt Ave. to allow accessibility to the main entrance of 80 Salisbury St.

Attachments

Referred to Traffic and Parking Committee

 

6l.

Attorney Stephen Madaus on behalf of 616 Belmont Realty, Inc., request to restrict and limit the time for parking on the western sideline of Lake Ave., along the properties known as 32, 42 and 46 Lake Ave., to fifteen minutes.

Attachments

Referred to Traffic and Parking Committee

 

7.

COMMUNICATIONS OF THE CITY AUDITOR

7a.

Transmitting Reports on Internal Control Over Financial Reporting, Compliance and Federal Awards Programs prepared by Sullivan, Rogers & Company, LLC for the fiscal year ended June 30, 2009.

Attachments

Councilor Haller moved to Hold - Approved Tabled

 

7b.

Transmitting Management Letter prepared by Sullivan, Rogers & Company, LLC for the year ended June 30, 2009.

Attachments

Councilor Haller moved to Hold - Approved Tabled

 

7c.

Transmitting Auditor's Report for February 2010.

Attachments

Referred to Finance Committee

 

8.

CHAIRMAN'S ORDERS

8a.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of the Department of Public Works and Parks report to the City Council regarding water runoff at 53 Chester St.

Attachments

Order adopted

 

9.

ORDERS

9a.

Request City Manager provide City Council with the annual crime statistics report for calendar 2009. (Haller)

Attachments

Order adopted

 

9b.

Request City Manager provide City Council with a report concerning armed and unarmed robberies and trends. (Haller)

Attachments

Order adopted

 

9c.

Request City Manager provide City Council with a report regarding Fire Department response times for structure fires and trends. (Haller)

Attachments

Order adopted

 

9d.

Request City Manager provide City Council with a report concerning structure fires and trends. (Haller)

Attachments

Order adopted

 

9e.

Request City Manager request the Police Chief enforce existing traffic regulations and improve traffic flow signage in the vicinity of the Worcester Art Museum. (Toomey)

Attachments

Order adopted

 

9f.

Request City Manager report to City Council concerning how the city plans to address the increased amounts of panhandling occurring in the City of Worcester. (Rushton)

Attachments

Motion Lukes to amend: Further, request City Manager request City Solicitor report to City Council of options for addressing the distinction between a panhandler, groups collecting funds with tag permits and groups without permits. Order adopted as amended

 

9g.

Request City Manager update City Council concerning progress made to date to comply with a previously voted request of the City Council that he consolidate real estate, water/sewer and excise tax bills to save money in postage and to streamline the mailing processes. (Germain)

Attachments

Order adopted

 

9h.

Request City Council to develop a process for establishing a sister city/twin town cooperative relationship program to promote cultural and commercial ties throughout the world. (Lukes)

Attachments

Referred to Rules and Legislative Affairs Committee

 

9i.

Request City Manager report on the compliance rate for businesses obtaining a TIF from the city. (Lukes)

Attachments

Order adopted

 

9j.

Request City Manager contact Clark University to request information regarding the maintenance, improvements and plans for the real estate (arboretum) located at Lovell/May Streets. (Lukes, Eddy, Petty, Rushton)

Attachments

Order adopted

 

9k.

Request City Manager include the real estate parcel on Mill St. which is the location of the former Price Chopper market as part of the quarterly economic development report. (Lukes, Rushton)

Attachments

Order adopted

 

9l.

Request City Manager report on the cost and status of the access road pursuant to the master plan for Coes Reservoir. (Lukes)

Attachments

Motion Lukes to amend: Further, request report within two weeks. Order adopted as amended

 

9m.

Request City Manager assess erosion issues relative to Gates Lane into Mill St. and recommend options for repair. (Eddy, Petty, Rushton, Lukes)

Attachments

Order adopted

 

9n.

Request City Manager provide a timeline for park improvements based on the Coes Pond Master Plan including the status of the realignment of Mill St. to slow traffic and add green space along the road. (Eddy, Petty, Rushton, Lukes)

Attachments

Order adopted

 

9o.

STREET BETTERMENT ASSESSMENT: BILLOW STREET (Northerly & Southerly side)

Attachments

Order adopted

 

9p.

STREET BETTERMENT ASSESSMENT: CLIVEDEN STREET

Attachments

Order adopted

 

9q.

STREET BETTERMENT ASSESSMENT: PINELAND AVENUE from Pioneer Rd. northerly 608.26'

Attachments

Order adopted

 

9r.

STREET BETTERMENT ASSESSMENT: BILLOW STREET (Westerly side)

Attachments

Order adopted

 

10.

RECESS TO FINANCE COMMITTEE

10a.

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

Attachments

No Action Taken

 

10b.

#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.

Attachments

No Action Taken

 

10c.

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

Attachments

No Action Taken

 

10d.

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

Attachments

No Action Taken

 

10e.

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

Attachments

No Action Taken

 

10f.

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

Attachments

No Action Taken

 

10g.

#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.

Attachments

No Action Taken

 

10h.

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

Attachments

No Action Taken

 

10i.

#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.

Attachments

No Action Taken

 

10j.

#9a CC February 23, 2010 Communication of the City Auditor transmitting Auditor's Report for January 2010.

Attachments

No Action Taken

 

10k.

#12c CC February 23, 2010
Communication of 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.

Attachments

No Action Taken

 

10l.

#12e CC February 23, 2010
Communication of 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.

Attachments

No Action Taken

 

10m.

#9.31A CM March 2, 2010 Communication of the City Manager transmitting informational Communication Relative to the City's Projected Fiscal Year 2011 Budget.

Attachments

No Action Taken

 

10n.

#9.3A CM March 2, 2010 Communication of the City Manager transmitting Informational Communication Relative to Health Insurance Benefits.

Attachments

No Action Taken

 

10o.

#10a CC March 2, 2010 Communication of the City Auditor transmitting Worcester's DCU Center Funds Arena Component and Convention Center Component reports including the financial statements with supplemental schedules for the years ended June 30, 2009 and 2008 plus the independent auditors' report.

Attachments

No Action Taken

 

11.

COMMUNICATIONS

11a.

Michael V. O'Brien, City Manager, transmitting communication relative to the Worcester Tree Initiative's "Spring Into Action Community Kickoff Event".

Attachments

Mayor O'Brien suspended the rules to recognized Peggy Middaugh who addressed City Council about this upcoming event. Placed on file

 

11b.

Michael V. O'Brien, City Manager, transmitting informational communication relative to Fiscal Year 2011 Budget Update.

Attachments

Referred to Finance Committee

 

12.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

12a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Helen & Marion Stomski request abatement of street betterment assessment #24845 in the amount of $12,268.00 on Houghton St.: recommend adoption of the accompanying Order to abate to $5,888.64

Attachments

Accepted & Adopted on a roll call vote of on a roll call vote of 10 Yeas and 0 Nays (Clancy absent)

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petiton of Patricia Masten request abatement of private street betterment assessment #50197 in the amount of $2,970.00 for Belcourt Rd.: recommend adoption of the accompanying Order to abate in full

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Clancy absent)

 

12c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Norinne O'Brien on behalf of the assessed Richard F. and M. Norinne Burke request abatement of street betterment #24766 in the amount of $10,562.55 on Colonial Rd.: recommend adoption of the accompanying Order to abate to $3,937.84.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Clancy absent)

 

12d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Sharon Ricciardi request Zoar St. be made public: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Claire Bahn request to make public Eames Rd.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of Planning Board upon the Petition of Carl Persson requesting to make public Myrick Ave.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Stephen Arena et al request private street conversion of Corrine St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joseph M. Petty request to repave Drummond Ave: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request to repave Delawanda Dr. from Monticello Dr. to terminus: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Frederick C. Rushton request to repave Bauer Street West: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request Venus Drive be resurfaced: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12l.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Debra Dame request to install a drain across the street at 32 Lanesboro Rd.: recommend adoption of the accompanying order to add two catch basins in the vicinity of 32 Lanesboro Rd. to the Drainage List.

Attachments

Accepted & Adopted

 

12m.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Sousa and John Fisher request sidewalk repair on Main St. between Exchange St. and MLK Boulevard: recommend adoption of accompanying Order.

Attachments

Accepted & Adopted

 

12n.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Capstick request sidewalk abutting 20 Alsada Dr. be repaired: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12o.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Frederick C. Rushton request to repair sidewalks at 2 Bauer Street West: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12p.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Hossein Haghanizadeh, PE of HS & T Group, Inc. request to abandon sewer location behind 137 Whipple St.: recommend adoption of the accompanying Order

Attachments

Accepted & Adopted

 

12q.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Teresa Shatos request repair or replacement of a larger sewer manhole drain in front of the driveway of 57 Glendale St. to prevent further damage caused by the water runoff onto the property of 57 Glendale St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12r.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Eva Postol request that the culvert on Kimball St. be extended to mitigate flooding caused from the brook: recommend adoption of the accompanying Order to install larger pipe with a flared end at this location and add to the Surface Drainage List

Attachments

Accepted & Adopted

 

12s.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dorothy Gniadek request guardrail be installed at 44 Fairfield St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12t.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Henry Rouba request that the City of Worcester implement a snow ban violators accounting system: recommend Petition be placed on file

Attachments

Accepted

 

12u.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the City Council request to provide a report on runoff issues at 44 Wamsutta Ave: recommend Communication be placed on file

Attachments

Accepted

 

12v.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Rodby Street, a Private Way Located off of Ararat Street: recommend Communication be placed on file

Attachments

Accepted

 

12w.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Reports for the Month of December 2009: recommend Communication be placed on file

Attachments

Accepted

 

12x.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John & Rose Mooshian request new curbs and resurfacing of Hillcrest Ave., from the corner of Blair St. to the dead end: recommend Petitioner be given leave to withdraw

Attachments

Accepted

 

12y.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charles Gruszka request to extend the sidewalks in Coburn Ave. where they have been discontinued: recommend Petitioner be given leave to withdraw

Attachments

Accepted

 

12z.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sharon & Paul Healy request to install a larger clay pipe from brook under driveway to catch basin at 11 Ronald Drive: recommend Petitioner be given leave to withdraw

Attachments

Accepted

 

12aa.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Filip Xhai request to install a catch basin at 25 Rockrimmon Road to alleviate flooding problems around the driveway and foundation: recommend Petitioner be given leave to withdraw

Attachments

Accepted

 

12bb.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Denise Herman request abatement of street betterment assessment #24757 in the amount of $16,562.00 for Balis Ave: recommend Petition be denied

Attachments

Accepted

 

12cc.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Donna Carpenter request a catch basin be installed in front of 179 Hamilton St.: recommend Petition be denied

Attachments

Accepted

 

12dd.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Binh Phan request to make public the private portion of Beaver Brook Parkway : recommend the Report and Petition be denied.

Attachments

Accepted

 

12ee.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. area (St. Anthony St.): recommend the Report and Communicaton be denied.

Attachments

Accepted

 

12ff.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. area (St. Louis St.): recommend the Report and Communication be denied.

Attachments

Accepted

 

13.

TABLED ITEM

13a.

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

Attachments

No Action Taken

 

14.

SUSPENSION OF RULES

14a.

Motion Petty @ #7a & 7b CC - Request City Auditor provide City Council with a report recommending a systematic process for reviewing authorized loans yearly to reauthorize or rescind as needed. Further, request a yearly report listing authorized and unauthorized loans.

Attachments

Order adopted

 

14b.

Motion Lukes @ #7a & 7b CC - Request City Manager request the School Superintendent request the Business Office inform City Council as to how they intend to correct the deficiencies relative to school activity funds.

Attachments

Order adopted

 

14c.

Motion Lukes @ #7a & 7b CC - Request City Auditor provide City Council with a report at then end of the fiscal year (July) concerning reversion of encumbrances.

Attachments

Order adopted

 

14d.

Motion Haller @ #7a & 7b CC - Request City Manager request the City Solicitor report to City Council as to whether the City Council has any authority/responsibilities to respond to comments made in the audit regarding the School Department and City Clerk Department since this department is under the authority of the City Council.

Attachments

Order adopted

 

14e.

Motion Haller @ #7a & 7b CC - Request City Auditor provide City Council with a list for the last five years concerning findings in the auditor's report that are repetitive and have not been resolved successfully to the auditors' satisfaction.

Attachments

Order adopted

 

14f.

Motion Toomey @ #7a & 7b CC - Request City Manager request the School Superintendent report to City Council as to how they intend to ensure the procedures are adhered to relative to school activity funds.

Attachments

Order adopted

 

14g.

Motion Toomey @ #7a & 7b CC - Request the City Manager bring to the states attention concerns relative to the access of personal information through the use of the C/W MARS software program.

Attachments

Order adopted

 

14h.

Motion Palmieri - @ #9c CC - Request City Manager provide City Council with a report relative to an update concerning the fire at the proposed Worcester Blackstone Visitors Center.

Attachments

Order adopted

 

14i.

Motion Petty @ #11b CC - Request City Manager report to City Council the FAA requirements relative to the sale of the airport and how that monies can be spent. Further, once the sale agreement is finalized, request a timeline as what needs to be done and to give City Council an idea for setting meetings with the neighborhoods who will impacted by the sale of the airport.

Attachments

Order adopted

 

14j.

Motion Petty @ #11b CC - Request City Manager provide City Council with a summary of the actual positions that have been eliminated.

Attachments

Order adopted

 

14k.

Motion Toomey @ #11b CC - Request City Manager provide City Council with a report concerning the city's debt and how much is owed, how long would it take pay it off and solutions for paying the debt.

Attachments

Order adopted

 

14l.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to CSX Corporation's responses to City Council.

Attachments

Referred to Joint Public Works and Public Service & Transportation Committee

 

14m.

Motion Haller @ #14L CC - Request City Clerk notify City Council of community meetings relative to CSX expansion.

Attachments

Order adopted

 

14n.

Motion Palmieri - Suspension of Rules - Request the Mayor invite the Vocational Technical High School students who competed and won at the DECA state conference in Boston on March 9th and who will be representing the school at the DECA International Career Development Conference in Louisville, KY. This will give the City Council an opportunity to congratulate them on their accomplishments and show support for their upcoming competition in Louisville, KY.

Attachments

Order adopted

 

14o.

Motion Palmieri - Suspension of Rules - Request City Manager respond to a previous request relative to resolving the flooding issues that have been occurring to homes in Belmont St. in the lower east side in the vicinity of Granby and Prentice Streets since the development that have taken place over the past five years in the upper side of Belmont St.

Attachments

Order adopted

 

14p.

PETITION - Councilor William J. Eddy on behalf of Peter Picard et al request to resurface First St.

Attachments

Referred to Public Works Committee

 

14q.

PETITION - Councilor William J. Eddy request to resurface public portion of Carter Rd.

Attachments

Referred to Public Works Committee

 

14r.

Motion Toomey - Suspension of Rules - Request City Manager request Commissioner of Public Works & Parks conduct a traffic study in Sussex Lane due to the increase in traffic.

Attachments

Order adopted

 

14s.

PETITION - Councilor Joffrey A. Smith on behalf of Stephen Hession request sidewalk repair at 36 Otsego Rd.

Attachments

Referred to Public Works Committee