CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 13, 2009

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:00 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Michelle Tricomi request removal of pine tree in front of 189 Lovell St.

Councilor Barbara G. Haller on behalf of the Crown Hill Neighborhood Association request brick sidewalk repair in front of 15 Oxford St.

Councilor Barbara G. Haller request that the temporary asphalt sidewalk patch in front of 38 Hollywood Street be replaced with a permanent concrete surface matching the surrounding sidewalk pavement.

Paul & Mary Ann Franco request abatement of street betterment assessment #24822 in the amount of $9,205.75 for Fernside Rd.

Douglas Holiday request stop signs at the intersection of Kalmar St. and Mellor Ave.

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.

State Representative John Fresolo on behalf of JoAnn Buffaro request to install a handicap parking space in front of 151 Coburn Ave.

MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD

Transmitting Auditor's Report for August 2009.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager update the City Council concerning the request to add voluntary or mandatory conditions to alcohol licensing that would allow proprietors to utilize wands to scan patrons entering establishments.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager update the City Council concerning the state grant that, if awarded to Worcester, would restore some uniformed positions to the Worcester Police Department.

Request City Manager request the Police Chief to install speed control and speed limit enforcement in Elm Street, especially in the vicinity of the intersections with West and Linden Streets and especially during school hours. (Haller)

Request the City Manager, the Administration, the City Council, the Worcester Public Schools, the USDA and the DCR, along with other concerned partners in the community, initiate a campaign to better educate and inform our children, adults and seniors about recognizing, identifying and reporting infestations of the Asian Longhorned Beetle. (Rosen, Clancy)

Request City Manager provide the City Council with a complete listing of the surplus properties currently held by the City of Worcester. (Germain)

Request City Manager report to City Council the feasibility of changing the manner by which surplus real estate properties taken by the city are sold so that they are not offered up in an auction-based process and instead offered for public sale through a program employed successfully in other cities and which relies on the services of real estate professionals and conventional marketing efforts. (Germain)

SEWER BETTERMENT ASSESSMENT: HURON AVENUE

Communication of Michael V. O'Brien, City Manager, transmitting a report relative to a fee waiver ordinance for the Worcester Housing Authority.

REPORT OF THE PLANNING BOARD Upon the Petition of Louis Delolio & Marek Basta request Pineland Ave. from Hara St. to Pinecrest Dr. be made public.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the City's Response to Confirmed H1N1 (Swine Flu) Cases in Worcester: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the City's 2009 H1N1 Task Force Preparedness Activities: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Manager forward to the City Council for referral to the Standing Committee on Public Health and Human Services a report detailing the actions that the City plans to take in combating the expected Fall and Winter outbreak of H1N1 influenza (swine flu): recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Kathleen M. Toomey request the City Manager update the City Council regarding precautions against the H1N1 virus in light of the recent local death attributed to the virus: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting Informational Communication Relative to On-Going Preparations for H1N1 and Further, Addressing Seasonal Influenza at the 2009 Community Immunity Day: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting communication relative to the City's H1N1 preparedness efforts: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the policy for Worcester Police Department Off-Duty detail assignments: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to Worcester Police Department Operations: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to technology upgrades for the property review team and housing inspectors: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager Transmitting informational communication relative to staffing in the Worcester Police Department: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager Petition of Lee Audra Parent request that my name be placed on the current active Police Officers list: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Evangelino Ottaviano request the City abandon the property beyond the means and bounds of 621 Millbury St. between Maxwell St. and Esther St.: recommend adoption of the accompanying Order to approve provided, however that the petitioner shall provide DPW&Parks with all necessary title information, recordable plans and descriptions identifying the area to be abandoned, and subject further to a future petition to alter Millbury Street public street layout and authorize the city manager to execute a deed of conveyance.

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)

Motion Clancy @ #9b CC - Request City Manager provide City Council with any and all future public awareness initiatives with reference to the ALB.

RESOLUTION @ #9c & 9d CC - That the City Council of the City of Worcester hereby supports any state legislation that would allow for public sale of city owned properties through a program employed successfully in other cities, like Baltimore and Philadelphia, which relies on the services of real estate professionals and conventional marketing efforts. (Germain)

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting his commitment to seek a vote of endorsement of the City Council for future changes to retiree's contribution rates.

RESOLUTION - That the City Council of the City of Worcester hereby demands that any and all applications in Worcester of the Asian Longhorned Beetle pesticide, Imidacloprid, or any similar pesticides, be solely through injection into the infested host trees and not by drenching soil areas with this toxin. (Rosen)

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a listing of those municipally-owned and school-owned buildings that have their heating systems converted from oil to gas. Further, request the Cit Manager take the appropriate steps to transfer all unused heating oil from the obsolete oil tanks to buildings where the heating oil may be utilized.

Motion Haller - Suspension of Rules - Request City Manager provide an updated report concerning violent and non-violent crimes in the city.

Motion Palmieri - Suspension of Rules - Request City Manager revisit the entrance to and exit from Union Station from the roundabout, in particular the signage at the entrance and an explanation for not allowing a left turn when exiting Union Station into the roundabout since this could provide easier access to I-290.

Motion Lukes - Suspension of Rules - Request City Manager report on the procedures followed by the Worcester Police Department in a child custody matter when an order for custody has been entered by a Probate and Family Court Judge.

Motion Rushton - Suspension of Rules - Request City Manager provide City Council with an update of municipal energy aggregation on the next quarterly Economic Development report.