CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 27, 2010

Esther Howland Chamber

Convened: 7:12 P.M.

Adjourned: 9:32 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

In accordance with Rule 41 of the Rules of City Council, Councilor Barbara G. Haller request reconsideration of the vote of the City Council taken on April 13, 2010 relative to REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Jonathan Koop, President of S & K Valet, in the interest of public safety, request the installation of passenger zones for drop-off and pick-up of passengers at the following business locations from 5pm-2am: in Commercial St. in front of One Exchange Place, in front of 166 Shrewsbury St., in front of 82 Winter St., and in front of 50 Front St. and the recommendation to adopt the accompanying four (4) Orders.

Mayor O'Brien read and presented a Proclamation naming the week of May 2, 2010 as Scleroderma Awareness Week in Worcester. Mayor O'Brien invited to speak Tom Curran, Executive Director of the Scleroderma Foundation of New England, of the upcoming Annual Worcester Walk-A-Thon. Mayor O'Brien also recognized the presence of Nancy Velleco, a member of the Worcester Support Group, Michael Lamusta, husband of the late Nora Lumusta, whom Sunday's walk is dedicated in her memory and Debbie Magnuson from Bancroft School where the walk will take place.

Councilor Palmieri wished to acknowledge and thank Marco Lucente and East Side Neighborhood Association as well as the Sheriffs Department who participated in the cleanup efforts of Shrewsbury St.

John Patrick Reed request a new location for the Blackstone Visitor's Center.

Jesus Martinez request sidewalk repair on the corner of Cheney and Gates St.

George Migridichian, Armenian Church of Our Saviour request sidewalk repair right side of main entrance at 87 Salisbury St.

Woodrow Adams, Sr. et al request that Jaques Ave be repaired.

Woodrow Adams, Sr. et al request sidewalks on Jaques Ave. be repaired.

Mrs. Anthony Loverro request to resurface public section of Stoneham Rd.

Richard Kanaley request cracked and broken survey marker in sidewalk in front of 63 Wedgewood Rd be leveled.

Paul Gordon request sidewalks in front of 25 & 27 Chamberlain Parkway and sidewalks extending around the corner to Maplewood Rd. be repaired

Gretchen Prunier request sidewalk on Sagamore Rd. in front of the Worcester Center for Crafts and L & J of New England Inc. be repaired.

Mayor Joseph C. O'Brien on behalf of Flo Lucci request a sidewalk be installed on Burncoat St., behind Quinsigamond College, between Arden Rd. and Croyden Rd.

Edvard Trevant request a sidewalk be located at 327 Hamilton St.

Councilor Philip P. Palmieri request to repave Gold Street

Councilor Barbara G. Haller request to repair sidewalks both sides of Fay Street.

Councilor Barbara G. Haller request to repave Fay Street.

Stephen & Linda Anderson request the sidewalk in front of 112 Beeching St. be replaced.

Councilor William J. Eddy on behalf of the Mill St. - June St. Neighborhood Association request resurfacing of sidewalks in the east side of Mill St. from June St. to Sweetbriar Lane.

Councilor Joffrey A. Smith on behalf of Josh Leet request sidewalk repair in front of 41 Brighton Rd.

Marie Mead request handicap parking space be removed from corner of Vernon and Pattison St.

Marie Mead request handicap parking space in front of 3 Pattison St.

Allison Rickard request the removal of handicap parking space in front of 46 Butler St.

State Representative John Fresolo on behalf of John Lauria request to install traffic light at the intersection of Whipple St. and Blackstone River Rd.

Councilor Kathleen M. Toomey request to remove the Commercial Loading Zone on the east side of Harding Street in front of 87 Harding Street.

Morris Samuels request resident permit parking at 10-12 Jacques St.

Transmitting Informational Communication Relative to the Reappointments of Paul Gunnerson, Robert Hennigan, Jr. and David Kowalcheck to the Parks and Recreation Commission.

Transmitting Informational Communication Relative to an Environmental Merit Award Presented by the New England Office of the U.S. Environmental Protection Agency (EPA) to Jacqueline Vachon-Jackson.

Recommend City Council's Review, Deliberation, and Adoption of Proposed Sign Ordinance Amendment.

Transmitting Communication Relative to Water and Sewer Rate Increases for Fiscal Year 2011.

Transmitting Informational Communication Relative to Earth Day 2010.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of March 2010.

Transmitting Informational Communication Relative to Enhancements to Institute Park.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Staffing for Adequate Fire and Emergency Response (SAFER) Program Grant.

Transmitting Informational Communication Relative to the Status of the Demolition Portion of the Neighborhood Stabilization Program.

Recommend Adoption of a Resolution to Accept a Fair Housing Grant in the Amount of Forty Two Thousand Nine Hundred and Seventy Five Dollars ($42,975) from the U.S. Department of Housing and Urban Development (HUD) Administered Through the Legal Assistance Corporation of Central Massachusetts (LACCM).

Transmitting Informational Communication Relative to the City's Receipt of an E-Government Award.

Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70206, Logan Field, to fund contractual obligations associated with Logan Field.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #41C704, DPW Building Rehabilitation, to allow for the payment of current and anticipated obligations.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C784, Parks Improvements, and be appropriated to Parks Account #72C70210, Indian Hill, for Design Engineering payments.

Recommend that this most recent authorized apportionment from the State (MA #51051-FY2011) in the amount of Three Million One Hundred Sixty Three Thousand Twenty Eight Dollars And No Cents ($3,163,028.00) be appropriated to DPW Account #41C440, Street Resurfacing, as requested by reimbursements to provide funding for current and future Chapter 90 obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C738, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Fourteen Thousand Seven Hundred Dollars And No Cents ($14,700.00) be transferred from Account #121-92000, Court Judgments Ordinary Maintenance, and be appropriated to Account #120-92000 Law Ordinary Maintenance, to provide funding for the remainder of Fiscal 2010 .

Recommend that One Thousand Thirty One Dollars And Ninety Cents ($1,031.90) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and be appropriated to Account #50S519, Damage Settlement, to reimburse the School Department for repairs made to a vehicle.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Hundred and Thirty Five Thousand Dollars ($135,000.00) from UMass Memorial Common Pathways DoN to Support the 2010 Wheels to Water Program and other Summer Youth Programs.

Transmitting Informational Communication Relative to the Status of the Worcester Blackstone Valley Visitors Center.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the FY 2011 Budget Recommendation.

Transmitting Auditor's Report for March 2010.

Request City Manager request the appropriate departmental person regularly monitor the tattered flags at Lincoln Square and replace as needed. (Palmieri)

Request the Standing Committee on Youth, Parks and Recreation coordinate a discussion between the administration and the resident and business groups in the Tatnuck neighborhood concerning the siting and creation of a skateboard park in the west side. (Eddy, Smith)

Request City Manager report on the condition of the organ and the wall mural located in the Memorial Auditorium and whether those historic items can be relocated and preserved in another public building. (Lukes)

Request City Manager request CSX respond to the City Council as to whether or not the City of Worcester was selected as an alternative route for transporting sensitive materials as required in U.S. House Resolution 1 “Improving America's Security Act of 2007 (Engrossed Amendment as Agreed to by Senate) Subtitle D--Hazardous Material and Pipeline Security SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.” Further request that, if such a selection has been made, request that CSX report as to what hazardous materials and what amounts of hazardous materials are rerouted through Worcester or are expected to pass through Worcester with the expansion of CSX specifically but not limited to LNG, chlorine, and ammonia. (Request CSX report using 1 percent waybill method of calculation, and the calculation required by s. 1551 (b)) (Rushton)

DECREE TO MAKE PUBLIC: ERIE AVENUE

DECREE TO MAKE PUBLIC: ROSITA ROAD

DECREE TO MAKE PUBLIC: HAZEL STREET

#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.

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

#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.

#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.

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

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

#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.

#7c CC March 23, 2010
Communication of the City Auditor transmitting Auditor's Report for February 2010.

#11b CC March 23, 2010
Communication of the City Manager, transmitting informational communication relative to Fiscal Year 2011 Budget Update.

#7b CC April 7, 2010
Communication of the City Auditor transmitting communication relative to schedule of authorized and unissued bonds as of March 31, 2010.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Brennan Jacoby request to remove handicap parking space in front of 28 Wilson St.:
recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Katherine Walsh request handicap parking space in front of 111 Grand View Ave.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Duggan request handicap parking at 13 Jaques Ave.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of George Sakhat request installation of a HP space in front of El Basha, 256 Park Ave.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dennis Molinari request No Parking sign in front of 40 Winneconnett Rd. be removed.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nikolin Vangjeli request resident permit parking in Oak Ave. from Kendall St. to Catharine St. between 6am and 6pm Monday thru Friday except Holidays.: recommend the passage of the accompanying proposed Ordinance for Resident Permit Parking on Oak Ave., both sides, from 35 Oak Ave. to Catharine St. from 6am to 6pm Monday to Friday, except Holidays.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anhtriet Nguyen request resident permit parking on Van St.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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.: recommend the passage of the accompanying proposed Ordinance for in front of #2 Vendora Rd.

Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the 845-857 Main Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 60 Esther St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Handicap Parking on West Oberlin St. adjacent to 198 Dewey St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Handicap Parking in front of 7 Sylvan St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Handicap Parking in front of 37 Plantation St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install No Parking Anytime in front of 152 and 154 Stafford St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Two Hour Parking Meters on the west side of Main St. from Sudbury St. to the southerly extension line of Martin Luther King Blvd.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on the north side of Marston Way from 7am to 5pm, Monday thru Friday the entire length.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind One Hour Parking on east side of Claridge Dr. 8am to 6pm from Chandler St. to South Flagg St. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on the east side of Clardige Dr. from 8am to 5pm, Monday thru Friday.

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

Communication of the City Auditor 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. (Tabled - Haller March 23, 2010)

Motion Clancy @ #8.39C - That the City Council's Standing Committee on Finance meet on May 18, 2010 from 5:30 p.m. to 7:00 p.m. and on May 25, 2010 at 7:00 p.m. for the purpose of discussing the FY 2011 Budget.

Motion Haller @ #8.39C - Request City Manager forward a copy of FY 2011 budget message to all neighborhood centers.

Motion Lukes @ #8.6A CM - Request City Manager review Park Avenue and West Boylston Street for inclusion in sign corridors intended to be regulated.

Motion Haller @ #8.23A CM - Request City Manager provide City Council with a report concerning the demolition of 95 Grand Street.

Motion Haller @ #8.39A CM - Request City Manager provide a report concerning stagnant water in closed swimming pools.

Councilor Germain chairman of the Municipal Operations Committee moved to request to suspend the rules to allow the following Chairman's Order be submitted for consideration: FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Council of the City of Worcester to conduct the Annual Performance Evaluation of the City Manager on June 22, 2010 and hereby approves the following: 1. That the City Manager respond to the four evaluation categories, as attached, and forward an original copy to the City Clerk's Office by June 8, 2010. 2. That the City Councilors submit their written Evaluation Narrative to the City Clerk no latter than 7:00 P.M., Tuesday, June 22, 2010 3. That each member of the City Council, as an individual, rate the City Manager with a Final Evaluation Grade set forth on the Evaluation Grade form. 4. That the City Councilors make public their Final Evaluation Grade using the attached Evaluation Grade Form during the June 22, 2010 City Council meeting; 5. That the City Clerk shall make available a copy of each City Councilor's narrative and final evaluation grade to each of the members of City Council and the City Manager. 6. That each City Councilor be allotted no more than five minutes to deliver their verbal comments and overall performance grade. 7. That the City Manager, at this meeting, will be provide the opportunity to respond or within thirty (30) days, in writing if he so wishes or both.

Councilors Clancy and Petty, chairmen of the Joint Public Works and Public Service and Transportation Committee moved to request to suspend the rules to allow the following Chairman's Orders be submitted for consideration: FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager consider having an independent review conducted of the proposed CSX traffic plan.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX consider the options for an enhanced rail underpass at Putnam Lane.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX consider the highest and best use of those properties immediately surrounding an expanded CSX rail yard.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager report to the City Council concerning the several rail bridges that intersect the canal district.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager provide the City Council with a comparison of the taxable values of properties surrounding the proposed CSX expanded rail yard for this fiscal year and the values expected to be realized after the completion of the project.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX provide the City Council with a report detailing the number of new vehicle trips expected in Atlanta Street and include information pertaining to drainage issues.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request the MBTA provide the City Council with clarification of the planned increase in the Worcester-Boston commuter runs with detail as to the total number of daily runs both during peak and off-peak hours.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager work with the administration of the Worcester Public Schools to determine how students who currently walk from the Shrewsbury Street neighborhood to North High School on Harrington Way will access their school if the Putnam Lane underpass is closed.

REPORT OF THE PLANNING BOARD Upon the Petition of Hossein Haghanizadeh, PE, H.S.& T Group, Inc. request portion of Austin St. be discontinued as a public Street and removed from the Official Map.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donna Truex on behalf of the Great Brook Valley Health Center, Inc. request to change to zoning district classification for 7, 9, 19 & 59 Tacoma St. and 60 Humes St. to a BL-1.0 District.

Motion Rushton - Suspension of Rules - Request City Manager request Inspectional Services to investigate 146 Highland St relative to broken glass.

Motion Rushton - Suspension of Rules - Request City Manager provide City Council a report relative to the disrepair of the retaining wall on Highland Street in upper Elm Park.

Motion Rushton - Suspension of Rules - Request Mayor invite to an upcoming City Council meeting to recognize Jim Marshall and the organizers of the Challenger Division hosted by the Jesse Burket Little League.

Motion Smith - Suspension of Rules - Request City Manager request the Commissioner of Public Works review the resurfacing efforts at Grove St. at intersection with Forest St. and make necessary repairs.