CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 15, 2010

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 9:00 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 William J. Eddy requests reconsideration of the vote of City Council taken on June 8, 2010 relative to the REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of Ronal Madnick, Director of the Worcester County Chapter American Civil Liberties Union of Mass, request that the primary petitioner for any item before the city council be allowed to speak on his or her petition the day it appears on the agenda: recommend the adoption of the accompanying Order to request the City Manager to request the City Solicitor amend the Rules of City Council to allow a petitioner to speak the day their petition appears on the City Council Agenda.

Quarterly Economic Development Initiatives Status Report

Quarterly Report of the Economic Development Division's (EDD) Small Business Retention and Recruitment Efforts and Other Coordinated City Activities.

Robert Morton request a portion of Providence St. be discontinued and removed from the Official Map.

Brian LaForte request to change street name for Dixon Ave. (01603) as this street is often confused with Dixon Ave off Lincoln St. (01605).

David Fox et al request Marjorie Street be resurfaced.

Karl Nelson & Nancy Lee request abatement of street betterment assessment #24860 in the amount of $2,098.42 on Cliveden St.

Wesley Alvarez request sidewalk at corner of Princeton St. and Lewis St. be repaired.

Vincent & Beverly DiLeo request stop sign at the bottom of Cliveden St. where it intersects with Apthrop St.

Vincent & Beverly DiLeo request the banning of trucks on Cliveden St.

Jeanne & Henry Gauthier et al request Dead End Street Sign at the beginning of Nelson Place off Grove St.

Darata Overene request handicap parking be removed from in front of 18 Ingalls St.

Theresa Margelony request a stop sign be installed at Austin St. & Oxford St.

Theresa Margelony request yield sign be installed at Austin St. and Oxford St.

LIGHT TOWER FIBER LLC. for conduit locations on BELMONT ST(at Orchard St) and BELMONT ST (at Converse St.)

LIGHT TOWER FIBER LLC for a conduit location on BELMONT ST (at Major Taylor Blvd)

Miguel & Ana Flores request privacy inserts be installed on the fencing at the rear of 1 Holland Rd and the side facing the school to ensure owner privacy.

Transmitting Information Communication Relative to the Reappointment of David Shapiro to the Off Street Parking Board.

Transmitting Informational Communication Relative to the Reappointment of Andrew Truman to the Planning Board.

Recommend Approval of the Reappointments of Margaret Manoogian and Dorinda Saraiva-Ortiz to the Citizens Advisory Council.

Recommend Approval of the Reappointment of Michael Testa to the Community Development Advisory Committee.

Transmitting the Economic Development Initiatives Report - June 2010.

Transmitting the June 2010 Small Business Report.

Recommend Review, Deliberation and Adoption of a Resolution to File and Accept a HUD Section 108 Loan Guarantee for Lake Aerospace, Inc. for the 10 Coppage Drive Project.

Recommend Adoption of an Order Authorizing the Execution of a Deed for 54 Grove Street in Accordance with the Gateway Park Master Plan.

Transmitting Informational Communication Relative to Cable Services' Receipt of a "Communicator Award" from the International Academy for Visual Arts for the "Water Recreation in Worcester" Video Presentation.

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

Recommend Adoption of an Order of Taking for Property at 72 Grove Street for the Purposes of Creating Faraday Street Extension in Gateway Park.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Denial of the City's Upper Blackstone Water Pollution Abatement District (UBWPAD) National Pollution Discharge Elimination System (NPEDS) Permit Appeal.

Recommend Adoption of a Resolution to Accept a Grant from the United States Department of Housing and Urban Development (HUD) for an Economic Development Initiative (EDI) for Planning, Design and Engineering at Institute Park.

Transmitting Informational Communication Relative to the Progress of Tree Reforestation on Public Streets.

Transmitting Communication Relative to Funding Allocations and Sources for City Parks, Open Space, and Recreation Areas.

Transmitting Informational Communication Relative to a Status Report on the Crompton Park Pool.

Recommend Review and Adoption of a Resolution to File and Accept a Federal FY 2010 Violence Against Women Act, STOP Grant Application.

Transmitting Informational Communication Relative to the Public Health Regionalization Initiative Agreement between the City of Worcester and the Town of Shrewsbury.

Recommend Adoption of Resolutions to File and Accept Various 2011 Grants on Behalf of the Division of Public Health.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Three Thousand Three Hundred Dollars ($3,300.00) from the Worcester Public Library Foundation from Donations Made in Memory of Joshua Gold.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Hundred and Ninety Five Dollars and No Cents ($195.00) to the Arthur L. and Eleanor T. Gaudette Fund at the Worcester Public Library in Memory of Edmund Schofield.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Six Thousand Five Hundred Dollars and No Cents ($6,500.00) from the Worcester Public Library Foundation to the Great Brook Valley Branch Library.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C741OC, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction, to provide funds for the payment of current and future expenditures.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and future obligations.

Recommend that Seven Hundred Thousand Dollars And No Cents ($700,000.00) be transferred from Loan Account #91C745, Sewer Construction, and appropriated to DPW Account #44C761, Surface Drainage, to allow for the payment of current and future obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7410F, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C724, Belmont Street Force Main, to allow for the payment of anticipated obligations associated with this capital project.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C741OE, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext. Pavement), to allow for the payment of current and future obligations.

Recommend that One Hundred Sixty One Thousand Two Hundred Forty Four Dollars And No Cents ($161,244.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated to the following Accounts: #47C701, Airport Capital Equipment, $155,244.00 and #47C706, Airport Capital Infrastructure, for $6000.00.

Recommend that Ten Thousand Twenty Three Dollars And No Cents ($10,023.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and be appropriated to City Messenger Account #11C702, City Messenger Rehabilitation, to pay for existing City Hall rehabilitation improvements.

Recommend that Seventy Five Thousand Dollars And No Cents ($75,000.00) be transferred from Loan Account #91C778, Providence Street Tot Lot, and be appropriated to Account #44C777, Providence Street Playground, to fund contractual obligations for construction.

Recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #340-97000, Elder Affairs Overtime, and be appropriated to Account #340-92000, Elder Affairs Ordinary Maintenance, to cover utilities, repairs and maintenance expenses for the Worcester Senior Center through the remainder of Fiscal Year 2010.

Recommend that Thirty Thousand Forty Five Dollars And Twenty Three Cents ($30,045.23) be transferred from Account #330-08, Reserve for Appropriation Premium 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 6-3-10.

Recommend the adoption of a Loan Order in the amount of One Million Eight Hundred Seven Thousand Dollars And No Cents ($1,807,000.00) be appropriated to Account #91C7451A, Infiltration/Inflow, to fund sewer infiltration and inflow remedial work in the Mower and Dunkirk Avenue areas.

Transmitting Informational Communication Relative to the Announcement of the 2010 Out to Lunch Summer Concert Series.

Transmitting Informational Communication Relative to CSX and Hazardous Material Transportation.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City Manager's Self Evaluation for FY'10.

SUPPLEMENTAL: Transmitting Informational Communication Relative to City Square II.

REPORT OF THE PLANNING BOARD Upon the Petition of Kimberly Abraham request private street conversion of Swan Ave., from Mill St. to Outlook Dr.

Amending Part Two, of the Revised Ordinances of 2008 relative to the Organization Plan for the Executive Office of Economic and Neighborhood Development concerning the renaming of the Cultural Commission to the Worcester Arts Council.

Reconsideration of the REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of Ronal Madnick, Director of the Worcester County Chapter American Civil Liberties Union of Mass., request City Council adopt a "public access" open forum, which would take place in the first 30 minutes of any council meeting and allow anyone to speak on any item of business on the agenda, regardless of its position on the agenda: recommend adoption of the accompanying Order to request the City Manager to request City Solicitor amend the Rules of City Council to allow a “Public Access” open forum within the City Council agenda for a trial period of six months, as requested by Councilor Clancy, in accordance with Rule 41 of the Rules of City Council, the vote of City Council taken on June 8, 2010. (Tabled - Lukes June 8, 2010)

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

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. (Tabled - Petty April 27, 2010)

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)

Motion Clancy @ #9.4A & 9.4B CM - Request City Manager report the potential uses of the Blackstone Visitor Center site as well as the uses of the visitor center funds.

Motion Clancy @ #9.4A & 9.4B CM - Request City Manager provide City Council with a report concerning the status of the former St Vincent Hospital; including an update on leasing information, the purchase by Worcester Academy and demolition timeline. Further, request City Manager contact Worcester Academy and Liberty Properties concerning the upkeep of the site at least until the sale of the properties.

Motion Petty @ #9.4A & 9.4B CM - Request City Manager update City Council relative to I-Net and the overall Telecommunications plan.

Motion Haller @ #9.4A & 9.4B CM - Request City Manager provide a status report concerning Pharmasphere at South Worcester Industrial Park.

Motion Haller @ #9.4A & 9.4B CM - Request City Manager provide City Council with an update relative to the athletic fields at the Clark University complex.

Motion Haller @ #9.4A & 9.4B CM - Request City Manager consider grouping the Hadley Building and Junction Shops which are two critical buildings within the Beacon/Federal Plan.

Motion Germain @ #9.4A & 9.4B CM - Request City Manager provide City Council with a report detailing how the closing of the Crowne Plaza and the loss of full service rooms has or has not impacted the ability to bid events such as the NCAA.

Motion Clancy @ #9.4C CM - Request City Manager report to City Council the current assessed value of 10 Coppage Dr. as well as the potential value from a tax standpoint.

Motion Haller @ #9.14A CM - Request City Manager send the Worcester Litter Survey to all the neighborhood and business associations.

Motion Smith @ #9.15B CM - Request City Manager provide a map of tree replanting efforts completed to date on both the public and private properties and a report detailing the replanting that will take place in the Fall of 2010.

Motion Clancy @ #9.15B CM - Request City Manager provide City Council with a report concerning the backlog for tree trimming and tree removal requests and the associated costs for these requests.

Councilor Clancy, Co-Chairman of the Joint Committee on Public Service & Transportation and Public Works, moved to request to suspend the rules to allow the following Chairman's Orders and Reports be submitted and moved to Table Under Privilege for two weeks so they may be considered at the June 29, 2010 City Council meeting: CHAIRMAN'S ORDER FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager identify for the City Council the number and location of railroad bridges that are being reconstructed within the Worcester city limits to accommodate double-decked trains.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager provide the City Council with a timeline for implementation of the many infrastructure improvement projects that will take place as a result of the approval of plans for expansion of the CSX rail yard.

REPORT OF THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to Freight and Commuter Rail Transportation: recommend the attached seven Petitions be referred to Planning Board and adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION Upon the Communication of the City Manager transmitting Informational Communication Relative to CSX: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION Upon the Communication of the City Manager Transmitting Informational Communication Relative to CSX: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION Upon the Communication of the City Manager Transmitting informational communication relative to CSX Corporation's responses to City Council: recommend Communication be placed on file.

Motion Haller @ #9.15D CM - Request City Manager report concerning the stagnant water accumulation at vacant swimming pools.

Motion Petty @ #9.15D CM - Request City Manager consider opening pools after August 15th if weather warrants and staffing is available.

Motion Toomey @ #9.15D CM - Request City Manager consider filling the vacant pools and using them for community gardens.

Motion Clancy @ #9.15D CM - Request City Manager report the costs and timeline for demolition to pools and bathhouses.

Motion Lukes - Suspension of Rules - Request City Manager provide City Council with a report, in two weeks, regarding an appeal to Chapter 40B, Affordable Housing and the impact this would have on city housing issues and the city's obligation to affordable housing. Further, report if it would be necessary to submit a resolution opposing the appeal of the state statue.

Motion Lukes - Suspension of Rules - Request City Manager work with the Commonwealth of Massachusetts or Community Services to better maintain the former court building at 2 Main St.

Motion Rushton - Suspension of Rules - Request the Mayor invite the District Four Challenger League organizers to a City Council meetings to recognize their achievements.

PETITION - Councilors Joffrey A. Smith and William J. Eddy on behalf of David Mallett request sidewalk repair in front of 823 Pleasant St.

Motion Smith - Suspension of Rules - Request City Manager provide City Council with the ordinance concerning Valet Parking for the June 22, 2010 City Council meeting.