CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 25, 2011

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 10:19 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 January 4, 2011.

Attorney Nickolas Moudios on behalf of Aikolai USA Inc., request property known and numbered as 130 Goddard Memorial Dr. be rezoned from RS-7 to A-1.

Virginia Ryan, et al request the sidewalks in front of 29 Arbutus Rd. and on the two sites at the Arbutus St. corner of 415 Burncoat St. be repaired.

Richard Cusson request Eagle Rd. be repaved.

Brian Lewis, et al request "Children" or similar cautionary sign be placed in front of 15 Hilltop Circle.

Nita Sargent request to install handicap parking space in front of 43 Providence St.

Arlene Robinson request to install one handicap parking space in front of 80 Bjorklund Ave.

Timothy LeBlanc request the declared winter ban in Uxbridge St. from Green Hill Parkway to Sturgis St. be changed to prohibit parking on the odd side instead of the even side of the street.

Virginia Ryan request City Council initiate the elderly tax write-off program available to seniors in many MA communities.

Transmitting Informational Communication Relative to the Appointment of Constables.

Transmitting Informational Communication Relative to the Appointment of Paul E. Mullan to the License Commission.

Transmitting Informational Communication Relative to the Appointment of Kevin Provencher to the Historical Commission.

Transmitting Informational Communication Relative to the Appointment of Paris Prince and Donna Colorio to the Community Development Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of Herbert Cremer, Deborah Malone and Lynne Towler to the Commission on Disabilities.

Recommend Adoption of a Resolution to Accept Donations from United Healthcare and Altus Dental for the Eleanor Riik Employee Service Awards.

Transmitting Informational Communication Relative to the Microloan Program.

Transmitting Informational Communication Relative to Legislative Priorities for the Gateway Cities.

Recommend Adoption of a Resolution to File and Accept an Executive Office of Labor and Workforce Development (EOLWD) Transitional Employment Programs Grant.

Transmitting Informational Communication Relative to the Central Massachusetts Workforce Investment Board (formerly Central Massachusetts Regional Employment Board).

Transmitting Informational Communication Relative to 2010 Youth Summer Employment Program.

Transmitting Informational Communication Relative to the Cable License Amendment with Charter Communications, Pursuant to the Massachusetts Department of Telecommunications and Cable Regulations.

Transmitting Informational Communication Relative to Charter Communication's 4th Quarter 2010 Report on Response Times in Handling Phone Calls to Customer Care.

Transmitting Informational Communication Relative to a Request from the Committee on Traffic and Parking Relative to Emergency Routes to be Used by the Worcester Fire Department Once the James Street Bridge is Closed for Reconstruction.

Transmitting Informational Communication Relative to a Targeted Neighborhood Sweep Conducted in the College Hill Neighborhood.

Transmitting Informational Communication Relative to Inspection and Enforcement Activities of the Housing, Nuisance and the Property Review Team.

Transmitting Informational Communication on the Appointment of a Public Health Commissioner.

Recommend Adoption of a Resolution to File and Accept Grant Funding from the Fallon/OrNda Community Health Fund.

Recommend Adoption of a Resolution to Authorize a Lease of Space at the Worcester Senior Center.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Thousand One Hundred and Five Dollars and No Cents ($1,105.00) from the Friends of Worcester Public Library for the Purpose of Employee Public Service Recognition.

Transmitting Informational Communication Relative to the Taxation of Multi-Unit Rental Properties.

Transmitting Informational Communication Relative to the City's Comprehensive Annual Financial Report.

Recommend that One Hundred Twenty Thousand Dollars And No Cents ($120,000.00) be transferred from Account #91C766, Blackstone Visitors Center, and be appropriated to Account #04C752, Blackstone Visitors Center, to fund demolition expenses.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7451A, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction to allow for the payment of current and future obligations per the cash flow procedure.

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 per the cash flow procedure.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C7131B, Water Mains, and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #91C7411F, Street Construction, and be appropriated to Account #41C774, Providence/Winthrop/Heywood Streets to allow for the payment of current and future engineering service obligations per the cash flow procedure.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7451G, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping. This will allow for the payment of current and anticipated obligations for the Sewer Pumping Station Capital Program per the cash flow procedure.

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 per the cash flow procedure.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C745, Sewer Construction, to DPW Account #44C732, Sewer Control Plan to allow for the payment of a current invoice and future obligations.

Recommend that Two Thousand Dollars And No Cents ($2,000.00) be transferred from Loan Account # 91C784, Park Improvements, and appropriated to Parks Account # 72C70212, Oakland Heights.

Recommend that Thirty Eight Thousand Dollars And No Cents ($38,000.00) be transferred from Loan Account #91C784, Park Improvements, and be allocated to Parks Account #72C709, Rockwood Field, to allow for contractually obligated payments.

Recommend that Four Thousand Five Hundred Thirty Four Dollars And No Cents ($4,534.00) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Capital Equipment, to fund the purchase of a riding mower.

Recommend that Four Thousand Five Hundred Dollars And No Cents ($4,500.00) be transferred from Account #010-91000, City Council Salaries, and be appropriated to various accounts to provide funding for overtime related to the September 14, 2010 State Primary and the November 2, 2010 State Election.

Transmitting Informational Communication Relative to the Wheels to Water Program.

Transmitting Informational Communication Relative to Employee Health Care Costs.

Transmitting Informational Communication on the Resignation of Frances Manocchio, Director of Human Rights and Disabilities.

Transmitting Informational Communication Relative to Governor Deval Patrick's Fiscal Year 2012 Budget of January 21, 2011.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Resignation of Assistant City Manager Julie A. Jacobson and the Transition of the Economic Development Division.

Transmitting Auditor's Report for December 2010.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the City Solicitor to draft language to amend the Revised Ordinances of the City of Worcester so as to add language concerning the retail sale of tobacco products, that regulates the exterior retail advertisement of tobacco products, all in conformity with the federal Tobacco Control Act.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would regulate exterior signs that advertise the retail sale of tobacco products.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would include tobacco sale prohibitions in exterior signage along the Blackstone River Parkway corridor.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Police Chief install a speeding enforcement detail in Chandler St. inbound between MacClarey Way and Hunthurst Circle.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the Standing Committee on Traffic & Parking to consider installing additional traffic calming devices in Chandler St. inbound between McClarey Way and Hunthurst Circle, in addition to the repair of the damaged guardrail and any extension of the existing guardrail.

Request City Manager conduct a traffic study of the newly enhanced intersection of Harding and Franklin Streets with a view towards improving pedestrian safety through signage, lighting, pavement markings and the installment of pedestrian crossing signals. (Toomey)

Request City Manager report to City Council regarding pending state legislation concerning the creation of veteran districts that will provide comprehensive services to veterans across the Commonwealth. (Petty, Germain, Lukes, O'Brien)

Request City Manager conduct a traffic study at the intersection of Fremont Street, Webster Street, and Webster Place to include, but not be limited to, traffic calming measures such as the installation of a blinking traffic signal at said intersection. (Eddy, O'Brien)

Request City Council of the City of Worcester to establish a moratorium on the enforcement of the sidewalk snow shoveling ordinance as concerns properties whose rear lot line abuts a city street or state highway by adoption of the attached ordinance amendment as an emergency ordinance. (Eddy, O'Brien, Petty, Rushton, Palmieri, Germain, Lukes, Smith, Haller)

Request City Manager consider composing a water and sewer bill that would list separately municipal cost from unfunded federal or state mandates. (Clancy)

Request City Manager develop a comprehensive five or ten year plan for Watershed/Storm Water Management Plan that would involve: the development of rain gardens, swales, incentives for usage of impervious surfaces for parking lots, roads and walkways, policy changes that will help reduce storm water runoff in the city, and public education efforts to educate residential and business property owners as to how they can reduce storm water runoff. Further, request that he report to City Council concerning current efforts by the DPWP to prioritize rain garden locations in the city’s watershed areas. (O'Brien)

#9a CC June 22, 2010
Communication of the City Auditor transmitting Auditor's Report for May 2010.

#4a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for July 2010.

#4b CC September 21, 2010
Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010.

#13a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for August 2010.

#11a CC October 12, 2010
Communication of the City Auditor transmitting Auditor's Report for September 2010.

#9.31A CM October 19, 2010
Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, As of August 31, 2010.

#9.34B CM October 19, 2010
Communication of the City Manager transmitting informational communication relative to Universal Changes to the Municipal Rating Scales by the Major Bond Rating Agencies.

#13a CC November 23, 2010
Communication of the City Manager transmitting communication relative to a detailed update relative to Financial Forecasts for next Fiscal Year (FY2012) and projections through 2017, per the Five Point Financial Plan.

#9a CC November 23, 2010
Communication of the City Auditor transmitting communication regarding a letter from the Department of Revenue certifying that "Free Cash" for fiscal 2011.

#9b CC November 23, 2010
Communication of the City Auditor transmitting Auditor's Report for October 2010.

#10a CC December 21, 2010
Communication of the City Auditor transmitting Auditor's Report for November 2010.

#10b CC December 21, 2010
Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the Fiscal year ended June 30, 2010.

#10c CC December 21, 2010
Communication of the City Auditor transmitting the audited financial statements of the DCU Center, Arena Component and Convention Center Component, for the fiscal year ended June 30, 2010.

#17k CC January 4, 2011
Order of Councilor Konstantina B. Lukes -That the City Council hereby requests the City Manager consider eliminating the $40K for traveling from the future budget.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Thao Nguyen request additional safety features, guardrails and bollards, in front of 566 Chandler St.: recommend adoption of the accompanying Order.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 51 Gates St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 44 Paradox Dr.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 23 Perry Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 19 Perry Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 3 Home St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 5 Home St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 17 Blanche St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 16 Ripley St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 121 Paine St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 4 Stockton St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Install No Parking from the Southerly Driveway of 26 Park Ave. (Park Plaza) to a pt. 20' North of Said Driveway.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide for One Hour Parking 8:00 am to 6:00 pm Wednesday to Friday in front of 249 Millbury St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Two Hour Parking Meters on Chestnut St. both sides from Aldrich St. to Irving St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Four Hour Parking Meters on Both Sides of Chestnut St. from Aldrich St. to Irving St. by Creating a New Zone “I” for Four Hours or Less Sixteen 25 Cent Coins

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 Providing for Stop Sign at the Intersection of Arboretum Dr., Sarah Dr., and Sophia Dr. facing Northbound Traffic on Arboretum Dr.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide for 30 Minute Parking Monday to Saturday from 8:00 am to 6:00 pm in front of 54 and 60 Green St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind handicap Parking in front of 85 Harding St. (Heywood Building).

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)

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)

Motion Eddy @ #11d CC - Request City Manager provide City Council with an inventory of properties that have a rear lot line with a sidewalk.

Motion Toomey @ #11d CC - Request City Manager provide City Council with a report answering the following questions; 1) Why 120 days for this moratorium and what happens after the 120 day period? 2) How many citations for failure to shovel snow from sidewalks have been issued this year? 3) How many liens have been placed on properties due to failure to pay fines?

Motion Toomey @ #11d CC - Request City Manager request the Commissioner of Public Works and Parks consider designating Apricot St., from Goddard Memorial Dr. to the city line, as a primary route for salt, snow and plowing operations.

Motion Toomey @ #11d CC - Request City Manager establish the ownership of property abutting the north side of Apricot St., from the corner of Goddard Memorial Dr. westerly, for the purpose of determining responsibility for clearing the sidewalks of snow.

Motion Toomey @ #11d CC - Request City Manager report to City Council who is responsible for sidewalk snow removal on properties that abut conservation land.

Motion Clancy @ #11d CC - Request City Manager report to City Council after the moratorium as to how many properties were affected by this change in ordinance and what was the cost to remove the snow from these sidewalks.

Motion Haller @ #8.30A CM - Request City Manager provide City Council with a list of properties that are Chapter 121A classified.

Motion Haller @ #8.30A CM - Request City Manager report to City Council the total number of apartment units provided in City Manager's communication #8.30A and request the list be sorted by street name and number.

Motion Haller @ #8.30A CM - Request City Manager report to City Council, if buildings with 4-units or more should shift from residential tax rate to commercial tax rate, as to whether the administration anticipates any kind of chilling effect to downtown development efforts.

Motion Haller @ #8.30A CM - Request City Manager conduct a random survey to test the reliability of the 2010 Fair Market rate for a 1 bedroom apartment.

Motion Lukes @ #8.30A CM - Request City Manager request the City Solicitor report if residential properties are moved to a commercial classification for tax purposes how this will impact zoning and the definition of a neighborhood.

Motion Lukes @ #8.30A CM - Request City Manager provide City Council with a breakdown of the number of housing units that are in three-deckers, duplexes and single family buildings.

Motion Toomey @ #8.30A CM - Request City Manager provide City Council with a report as to how out of state communities, who tax some properties at a commercial rather than a residential rate, absorb this change in taxation and how it has affected rents.

Motion O'Brien @ #8.30A CM - Request City Council to accept a copy of the report entitled “Mayor's Task Force on Job Growth and Business Retention” and refer this to the Standing Committee on Economic Development.

Motion Clancy @ #7h CC - Request City Manager provide City Council with a report concerning a Senior Work Write Off program.

Motion Lukes @ #8.4A CM - Request City Manager provide City Council with a list of recipients of microloans, grants and other loans and the amount of monies lent out as well as the status of compliance.

Motion Haller @ #8.4B CM - Request City Manager provide a copy of City Manager's communication #8.4B to the city's state delegation.

Motion Clancy @ #8.4B CM - Request City Manager provide City Council with a report concerning the sticking points within the Gateway Cities Program that resulted in no action at the last session of the state legislature.

Motion Toomey @ #8.9A CM - Request City Manager report to City Council the number of young people employed in the Summer Employment Program by zip code of their residence.

Motion Haller @ #8.9A CM - Request City Manager mail a copy of City Manager's communication #8.9A to all neighborhood centers.

Councilor Smith, Chairman of the Traffic & Parking Committee, requested the following Report and Chairman's Order be submitted for consideration:

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Communication of the City Manager Transmitting communication relative to the James Street Bridge Replacement Project.: recommend adoption of the accompanying Order.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the City Manager request the MassDOT to consider installing oversized signage in the approaches to the James Street Bridge prior to the Summer, 2011 closing, informing motorists of the timeline for the closing.

Motion Lukes @ #8.39B & 8.39D CM - Request City Manager provide City Council with a report concerning pension reforms currently being discussed at the state level.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the City of Worcester receiving funding to support Project Sure STEPS.

Motion Lukes @ #11e CC - Request City Manager provide City Council with a prototype of a property tax bill that itemizes all types of costs including pensions and school costs.

PETITION - Councilor William J. Eddy request street repair for Merriwether Rd.

PETITION - Councilor William J. Eddy request street repair for Sweetbriar Lane.

Motion Eddy - Suspension of Rules - Request City Manger provide City Council with the guidelines used for a delay in the start of the school day.