CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 13, 2009

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 9:13 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for a joint-pole re-location: WEST BOYLSTON STREET.

Granting permission to MASSACHUSETTS ELECTRIC COMPANY & VERIZON NEW ENGLAND, INC. for a joint-pole re-location: WEST BOYLSTON STREET.

Motion Clancy: Request to suspend the rules to allow the City Manager report to City Council the recent news concerning Unum. - Approved

Mayor Lukes recognized City Manager O'Brien who informed City Council that Unum Corporate has announced to it's employees and the media their intentions go into negotiation with Berkley Investments (CitySquare) to stay in Worcester.

Carmen Paniagua request abatement of sewer assessment #31035 in the amount of $1,710.00 for Shepard St.

Christine Coughlin & Joyce LaBonte request improvement of drainage along northern property boundary of 53 Chester St.

Councilor Barbara G. Haller request sidewalk repair on Winfield St. between Chandler St. and Dewey St.

Councilor Barbara G. Haller request sidewalk repair on Queen St. between Kingsbury St. and Ely St.

Councilor Paul P. Clancy, Jr. on behalf of Kathleen Rice request parking ban on Dartmouth St. between Ingleside Ave. and Almont Ave. be shifted from the odd side of the street to the even side.

Attorney Jonathan Finkelstein on behalf of the Starfas family, owners of 317 West Boylston St., and their lessee, Wild Willy's request to reopen the median strip across from 317 West Boylston St. to allow access for north and southbound traffic to enter and leave Wild Willy's.

Councilor Philip P. Palmieri request to remove the current Winter Parking Ban from the divided section of Indian Lake Parkway.

Transmitting communication responding to a request for the number of freedom of information requests filed by citizens in the past twelve months.

FROM THE COMMITTEE ON EDUCATION - That the Goals of the Standing Committee on Education are: 1) to establish the Leary Report as a guideline to work with the colleges as they establish a permanent reporting process and means of ongoing communication, and, to complete this process by the end of the current fiscal year; 2) to work with the Cultural Commission and the Colleges of Worcester Consortium to identify locations wherein economic development might be enhanced; 3) to encourage collaboration with the colleges to establish a Center for Civic Engagement within the downtown area; 4) to enhance economic development and attract businesses to the city by requesting assistance from the colleges for access to their vast alumnae network; the many professionals and professors in their employ; 5) to encourage collaboration with the Cultural Arts Committee to support cultural arts programs and to bring art awareness to the residents of Worcester and to assimilate art so that it enhances the economic stability of the city; 6) to support public libraries for the widespread enjoyment of the public and to support education opportunities that will enable individuals to avail themselves of information for bettering their quality of life, and 7) to work with the Worcester Public Schools via the appropriate sub-committee of the School Committee to collaboratively provide a quality of education, thereby enhancing the quality of life in the city for all it's residents. And further, that the Committee, having considered these goals, hereby reports progress as follows: 1) ongoing progress towards goal; 2) ongoing progress towards goal; 3) ongoing progress towards goal; 4) goal met and ongoing progress; 5) goal met and ongoing progress; 6) goal met, and 7) ongoing progress towards goal.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the Goals of the Standing Committee on Municipal Operations are: 1) The development of a mission statement of organizational thinking for the City of Worcester establishing 4-5 priorities for local government and the empowerment of employees; 2) The development of efficiencies through the City of Worcester government, identifying 3-5 general areas wherein the City Manager should concentrate including the areas of energy, health insurance, fixed assets review and enhancements, the use of technology, the combining of like operations and the enhancement of the call center.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager report to the City Council the call volumes realized at the call center during the period of the December, 2008 ice storm and comparisons to those received in the same period of the previous year.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - That the Goals of the Standing Committee on Traffic and Parking are: 1) to move petitioner requests through the committee in a timely and efficient manner, while ensuring that everyone receives a fair hearing; 2) to ease parking and driving restrictions throughout the city wherever feasible by creating more on-street parking for the public within less restrictive times and by creating more two-way streets wherever safely possible and by not sacrificing residents' desire to park in front of their homes, or by adversely affecting their businesses; 3) to continue encouraging effective enforcement for speeding, resident permit parking and other traffic or parking regulations or ordinances, and 4) to continue the city-wide program for re-painting crosswalks and other pavement markings throughout the city making public ways safer for pedestrians and motorists alike. And further, that the Committee, having considered these goals, hereby reports progress as follows: 1) goal met; 2) goal met; 3) goal met, and 4) goal met and ongoing progress.

Request City Manager include the following details in the forthcoming report requested by City Council concerning public records requests received at the Worcester Police Department: 1. the date of receipt of each record request; 2. the dates that detailed estimates of charges was provided the requestors; 3. the amount of each bill; 4. the number of pages in each response; and 5. the response date fulfilling each of these requests. (Rushton)

Request City Manager request the City Solicitor to prepare an amendment to the Revised Ordinances of the City of Worcester to add a civil penalty and the possibility of criminal indictment for the use of marijuana “upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot or any area owned by or under the control of the City of Worcester and a person must provide their legal name and identification when asked. Said changes to local ordinances are in response to the passage of the November 4, 2008 ballot question that decriminalized the possession of one ounce or less of marijuana. (Petty, Haller, Toomey)

Request City Manager recommend an ordinance criminalizing the use of marijuana in public which would not warrant punishment beyond civil action pursuant to the passage of Question 2 on the November ballot. (Lukes)

Request City Manager investigate the establishment of texting as a means of communication for the public to report concerns and tips about our municipal operations. (Toomey)

Request City Manager report to City Council concerning the progress being made in providing homeless individuals with housing, social services, and recovery programs, among others, which will lead to a reduced census at the People in Peril Shelter (PIP) and eventual closure of that facility. (Rosen)

Request City Manager report to City Council concerning the total dollars spent or budgeted for the following municipal services in the last ten fiscal years (2000-2009): street repair, sidewalk repair, private street conversion and betterment, capital school construction and repair, and snowplowing. (Clancy)

Request City Manager require that all department heads identify cost savings within their departments that do not affect personnel; i.e.: the expanded use of software technology, use of overtime, centralized purchasing, mechanical wear and tear, elimination of city vehicles, etc…. all in preparation for expected reductions in local aid. (Germain, Rushton)

Request City Manager report to City Council the number of city employees who are authorized to use a city-owned vehicle 24/7, stating the reasoning behind such authorization, and the number of employees authorized to use vehicles in this manner who reside outside the City of Worcester. (Rushton)

DECREE TO MAKE PUBLIC: FRANKLIN ST. - Pollack St. easterly to Papagni Circle

DECREE TO MAKE PUBLIC: MONICA DR.

DECREE TO MAKE PUBLIC: SARAH DR.

Michael V. O'Brien, City Manager, transmitting communication relative to a Storm Report from Charter Communications.

Michael V. O'Brien, City Manager, transmitting communication relative to the City's Response to a request for Infrastructure Projects.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Audrey Hunter and Shawn Tivnan request to make public private portion of Acushnet Ave.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Stephen Arena et al request private street conversion of Corrine St.

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)

Motion Clancy @ #11b CC - Request City Manager contact the School Department Administration and request them to consider requesting technology upgrades specifically for the purchase of notebooks for schools throughout the city.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication regarding the City Budget.

Motion Toomey @ #14b CC - Request City Manager provide a report concerning the impact that pension fund deficits will have to the City budget.

Motion Rushton @ #14b CC - Request City Manager provide a breakdown of unfilled position budgeted during FY09, include how the position is funded, when vacated and service provided. Further, request City Manager request the School Department Administration provide City Council with a similar report. Further, request the School Department Administration provide an update concerning the identified five (5) cost centers for achieving savings over the course of the fiscal year and their progress in achieving any savings.

Motion Haller - Suspension of Rules - Request City Manager report on policies and procedures in place to assure that public safety vehicles are in proper running condition.

PETITION - Councilor Joffrey A. Smith on behalf of Sherri Kalil request to install a Stop Sign in Eagle Rd. and Waycross St.

PETITION - Councilor Frederick C. Rushton request to move the bus stop currently in the vicinity of 141 Main St. to the south end of the block closer to the Regional Justice Center.

PETITION - Councilor William J. Eddy on behalf of residents of Wamsutta Ave and May St. request to install a “No Right Turn between 2:00 P.M. and 4:00 PM” sign in May St. at Wamsutta Ave.