CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 4, 2011

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 9:08 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of December 14, 2010.

Mayor O'Brien recognized Councilor Germain's request to suspend the rules to allow Lorraine Laurie, a Worcester resident, to speak to the City Council concerning the closing of the Green Island Bank of America branch at 116 Millbury Street.

Mayor O'Brien recognized Councilor Rushton's request to suspend the rules to allow Dorothy Hargrove, a Worcester resident, to speak to the City Council on behalf of the neighbors of Meadow Lane concerning the shoveling of snow from the sidewalks along Route 122, Pleasant Street, and who is responsible for this and requested the City Councils help to resolve this problem. (see items #17c - 17g)

Robert Clark, Wildwood Development LLC, request to make public Rodi Circle.

Elizabeth Mansfield request a catch basin in front of 10 Edwidge St.

Francis Witkowski request handicap parking space on Puritan Ave. side of 87 Cohasset St.

Michael Grandone request to abolish all Winter Parking Bans on Shrewsbury St.

Alexander Lagadinos request the parking ban on Federal St. be changed from a Permanent to a Declared ban.

Virginia Ryan request the City of Worcester pay for the difference in cost of Part B Medicare for 2010 and 2011 for City retirees not receiving Social Security checks.

Transmitting Informational Communication Relative to the Appointment of Constables.

Transmitting Informational Communication Relative to an Independent Citywide Housing Market Study.

Transmitting Informational Communication Relative to Department of Public Works and Parks' Annual 2010 Christmas Gift Drive Donation.

Transmitting Informational Communication Relative to the United States Environmental Protection Agency's (USEPA) Announcement that it will be Supporting the Conservation Law Foundation (CLF) in its Lawsuit against the Boston Water & Sewer Commission.

Transmitting Informational Communication Relative to the Discontinuance of a Portion of Highway Layout.

Transmitting Informational Communication Relative to a Policy for Roadside and Sidewalk Memorials.

Recommend Adoption of a Resolution to File and Accept a FFY09 Emergency Management Performance Grant from the Massachusetts Emergency Management Agency for All-Hazards Emergency Management Capabilities.

Recommend Adoption of a Resolution to File and Accept a FFY10 Metropolitan Medical Response System (MMRS) Program Grant from the U.S. Department of Homeland Security through the Commonwealth's Executive Office of Public Safety and Security.

Transmitting Informational Communication Relative to Confidentiality Clause Sanction(s) Award to City of Worcester.

Transmitting Informational Communication Relative to Statutes or Regulations that Mandate the Monitoring of Can and Bottle Recycling Machines and Coin Converting Machinery.

Recommend Adoption of a Resolution to Accept a One Hundred Dollar ($100.00) Donation from the Melvin S. Cutler Charitable Foundation in Support of the Worcester Senior Center.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Two Hundred and Fifty Dollars ($250.00) to the Victoria A. Trachtenberg Children's Reading Fund at the Worcester Public Library.

Transmitting Informational Communication Relative to the FY11-FY12 Budget for the Worcester School Department.

Recommend Approval of a Request by the Worcester School Committee to Submit a FY11 Statement of Interest for Nelson Place School to the Massachusetts School Building Authority.

Recommend that Five Hundred Twenty Three Thousand Three Hundred Thirty Four Dollars And No Cents ($523,334.00) be Transferred from Certified Free Cash, and be Appropriated to Account #359-21, Bond Rating Stabilization Fund, to Adhere to the Five Point Financial Plan.

Transmitting Informational Communication Relative to CSX Corporation and the Environmental Impact Report.

Transmitting Informational Communication Relative to City Travel Reimbursement Policies and Procedures.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to review the placement of jersey barriers on the James St. railroad bridge and make adjustments to them in the interest of motorists safety.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager consider having a study performed to determine the feasibility of placing a bailey bridge adjacent to the James St. railroad bridge during reconstruction of the bridge.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Fire Chief provide City Council with details how their department will respond to calls for service in the event the James St. railroad bridge is closed for reconstruction.

Request City Manager work to establish a program for financial sponsorship of perennial beds at Elm Park. (Toomey)

Request City Manager work with the Worcester Area Chamber of Commerce to establish a means to inform local businesses concerning the special events being held on the Worcester Common, and further, request the City Manager consider delaying their start times until 5:30 P.M. so as to allow and foster greater attendance. (Toomey)

Request City Manager report to City Council concerning the final bids for awarding the city towing contract for 2011. Further, request that said report include per zone the name of the company that won and the wining bid amount; the names of the company that held the zone last year and the amount they paid last year. Also, request the total new revenues that the city has realized by putting the contract out to bid this year and plans for future new revenues. Also, request that a formal plan be put in place to improve both customer service and to provide a formal complaint process for citizens and that this be made available to the public. (O'Brien, Rushton, Germain, Haller, Clancy)

Request City Manager provide City Council with a report concerning the feasibility of having a PDF of the invoices that correlates to the specific check expenditures listed on the city check register in order to assist the City Council in identifying potential areas for cost savings or reduction in the upcoming budget process. (O'Brien, Rushton, Germain)

Request City Manager investigate the possibility and potential financial gain in enclosing advertisements/coupons in tax and water/sewer bills similar to the Registry of Motor Vehicles registration renewal forms. (Toomey)

Request City Manager review the current policy for both in-state and out-of-state travel and revise or establish a new policy, inclusive of meal allowances and car rentals and mileage. Further, request that this policy be forwarded to the Superintendent and mirrored at the school department and include a review of the policy for payment or reimbursement for air, train, van and limousine travel, lodging, rental cars and add-ons, valet, meals, mileage, registrations, and other travel-related activities for all city employees. (Toomey, Germain, Rushton)

Request City Manager recommend to the City Council an amendment to the ordinances of the city that prohibits the siting of dumpsters or large stationary trash receptacles in front and side yards of residential properties in RL-7, RS-7 and RS-10 zones. (Eddy)

Request City Manager to update the City Council relative to the Order voted in City Council on November 25, 2008 as follows: Request City Manager conduct a thorough engineering study towards addressing and providing recommendations on the feasibility of constructing a sidewalk on Flagg Street from Pleasant Street to the intersections of Richmond Ave., Aylesbury Rd. and Brookshire Rd. Additionally, the study should address and provide recommendations on safety and neighborhood betterment issues such as: a horizontal and vertical survey, including city right of way and private boundary lines; an evaluation of existing under and above ground utilities: drainage and water flow, including the placement, size, and quantity of catch basins; topography, including any impact on land integrity; impact on urban forestry; traffic impact, including a Road Safety Audit and traffic study on vehicles traveling southbound; road dimensions, including the narrowing and widening of varying sections of the street; and of traffic calming measures, including the possibility of reconfiguring Flagg Street at the intersection of Aylesbury/Brookshire Rds. and Richmond Ave. It is further requested that the Administration conduct a community impact meeting on the safety and neighborhood betterment issues outlined above. (Eddy)

Request City Manager provide City Council with a listing of all municipal and school department positions that became vacant since October 1, 2010 categorizing each by title and as to whether or not it is currently filled, is planned to be filled, or planned to be left vacant; the salary of the individual who vacated the position and the salary of the individual who has filled any vacancy. Further, request that the reason for filling the vacated position be provided. Further, request that said reports from both the City Manager and the Superintendent be provided to City Council no later than the January 18th, 2011 City Council meeting. (Toomey)

Request City Council consider increasing the elderly tax exemption for FY12 by $100.00 which would effectively increase the allowable tax exemption amount to $200.00. Further request City Manager prepare a report on the financial costs of this increase. (Clancy, Palmieri)

Request City Manager review the allocation of resources to economic development to more aggressively market the city in conjunction with the newly reduced tax rate by various creative means, including but not limited to working with the Worcester Area Chamber of Commerce and business community and the Colleges of Worcester Consortium to create a "Loaned Executive" program as well as a college intern program to benefit the Economic Development Office. (Toomey)

Request City Manager report to the City Council as to the viability of the Pharmasphere and Lake Aerospace projects. (Rushton)

DECREE TO MAKE PUBLIC: BEVERLY COVE

DECREE TO MAKE PUBLIC: CHRISTINE DRIVE

SEWER BETTERMENT ASSESSMENTS: LANESBORO ROAD

Mayor Joseph C. O'Brien transmitting the proposed meeting schedule for 2011 for review and approval.

Central Massachusetts Regional Planning Commission transmitting the Annual Report for Fiscal Year 2010.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Downtown Worcester Office Occupancy: 2010 Survey.

That The City Council of the City of Worcester gives notice to the Commonwealth of Massachusetts and to manufacturers and distributors of products and packaging sold in our jurisdiction, that it supports the transfer of responsibility for the costs of managing discarded products to producers (brand owners and first importers), under oversight of the Massachusetts Department of Environmental Protection; and further, the city of Worcester urges the Massachusetts legislature to enact EPR legislation for discarded electronic waste this year, and Further, the city of Worcester urges the Massachusetts legislature to enact comprehensive EPR legislation based on the Framework Principles for Product Stewardship Policy; and Further, the city of Worcester will work with the Massachusetts Product Stewardship Council and the Massachusetts Department of Environmental Protection to enact EPR legislation and regulation. (O'Brien, Haller)

REPORT OF THE PLANNING BOARD Upon the Petition of Paul P. Clancy, Jr. to make public a portion of Albany St.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Evangelino Ottaviano request to discontinue as a public way those portions of Millbury St. shown as Parcel A & Parcel No. 46-320-C on the attached plan and remove same from the Official Map, and further request the conveyance of Parcel No 46-320-C by quitclaim deed and Parcel A by release deed, with the city's reservation of a utility easement in Parcel A, to Evangelino Ottaviano, the abutting property owner: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kathleen Vassar request abatement of street betterment assessment #24908 in the amount of $8,000.00 for Broughton Rd: recommend adoption of the accompanying Order to abate in full

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Christina Morrow request abatement of street betterment assessment #24869 in the amount of $6,997.23 for Cliveden St.: recommend adoption of the accompanying Order to abate in full

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Nicholas and Lisa Perna on behalf of MFC-JAC Realty Trust request abatement of street betterment assessment #24851 in the amount of $7,407.00 for Billow St.: recommend adoption of the accompanying Order to abate to $3,703.50

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Victor Semlek request abatement of street assessment #24912 in the amount of $8,000.00 for Broughton Rd.: recommend adoption of the accompanying Order to abate to $1,600.00

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ai Choo Quek request abatement of street assessment #24918 in the amount of $11,747.24 on Benson Ave: recommend adoption of the accompanying Order to abate to $3,300.24

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Nellie Dailida request abatement of street assessment #24911 in the amount of $8,000.00 on Broughton Rd.: recommend adoption of the accompanying Order to abate to $4,000.00

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Reynaldo Navarro request abatement of street betterment assessment #24873 in the amount of $5,852.36 on Cliveden St: recommend adoption of the accompanying Order to abate to $1,684.89.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kathleen Vassar request abatement of street betterment assessment #24909 in the amount of $9,600.00 for Broughton Rd: recommend Petition be denied

Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone Change affecting the 222 June St. and 55 Botany Bay Rd. Area.

COMMUNICATION of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Lou Cozzolino request to have stop signs installed on Commonwealth Ave. at the corners of Jennings St. and Enid St: recommend Petition be placed on file. (Tabled - Clancy November 23, 2010)

PETITION to Set Hearing for NATIONAL GRID and VERIZON NEW ENGLAND, INC. to install one jointly owned pole and remove one jointly owned pole location: BRANDON ROAD (Tabled - Smith December 14, 2010)

COMMUNICATION of the City Manager, transmitting informational communication relative to the City of Worcester's Travel and Reimbursement Policies and Procedures. (Tabled - Clancy December 21, 2010)

Motion Haller @ #8.12B CM - Request City Clerk mail a copy of #8.12B CM to Congressman and the city's state delegation.

Motion Lukes @ #8.12B CM - Request City Manager place an alert on the city's home webpage to notify the public of priority issues that would explain to residents what is happening, and what is at stake as well as how to respond, who to contact and to call.

Motion Rushton @ #5b CC - Request City Manager provide to City Council the title search revealing that the Commonwealth does not own the property facing Pleasant Street, and if the state does own the property request to resolve this issue.

Motion Lukes @ #5b CC - Request City Manager provide City Council with a legal opinion as to who is responsible for the removal of snow and ice from sidewalks abutting state and city owned properties.

Motion Toomey @ #5b CC - Request City Manager work with the Commonwealth of Massachusetts or some other community organization to assure, in the interest of public pedestrian safety, the sidewalks on Pleasant Street are cleared of snow during the interim period until ownership and responsibility of snow shoveling is determined.

Motion Petty and Eddy @ #5b CC - Request City Manager report to City Council concerning the land ownership, right-of-way and responsibility of property as it relates to snow removal for properties as it relates to Prouty Lane, Meadow Lane and Pleasant St.

Motion Lukes @ #5b CC - Request City Manager consider refraining from sending any more notices or liens until this issue of snow removal responsibility on Rte. 122/Pleasant St. has been determined.

Motion Haller @ #8.14A CM - Request City Manager send a copy of the Policy for Roadside and Sidewalk Memorials to all the crime watch groups and neighborhood associations.

Motion Toomey @ #8.39B CM - Request City Manager consider using the following web site in developing a revised travel policy: www.gsa.gov/portal/category/100120

Motion Rushton @ #8.39B CM - Request City Manager consider that the on-line check register on the city's web site be a rolling data center that would eliminate the oldest information and add the newest.

Motion Lukes @ #8.39B CM - That the City Council hereby requests the City Manager consider eliminating the $40K for traveling from the future budget.

Motion Clancy @ #10j CC - Request City Manager prepare a report on the financial costs of an increase to the elderly tax exemption for FY12 from $100.00 to $200.00.

Motion O'Brien @ #10j CC - Request City Manager provide City Council with a summary of qualifications and background of all of the exemptions in the real estate tax setting process.

Motion Lukes @ #10j CC - Request City Manager post real estate exemption filing deadlines on the front page of the city web site.

Motion Lukes - Suspension of Rules - Request City Manager provide City Council with a report concerning the results of the auction and any plans for the future use of the former courthouse.

PETITION - Councilor Kathleen M. Toomey request a right turn only from Puritan Ave. into Hamilton Street.