CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 23, 2009

Esther Howland Chamber

Convened: 7:15 P.M.

Adjourned: 9:40 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing: NSTAR for a gas main location in: BELMONT ST.

Granting permission for NSTAR for a gas main location in: BELMONT ST.

Mayor Lukes read a Proclamation declaring June 27 and 28th as Amateur Ham Radio Weekend. Mark Rubin accepted the Proclamation from Councilor Toomey and thanked the City for the recognition.

Peter McKone et al request private street conversion of Newburn Rd.

Alexander Lorincz request street resurfacing in Highland St. between Newton Sq. and Park Ave.

Councilor Joffrey A. Smith request sidewalks in front of 37 Creswell Rd. be replaced

Councilor Joffrey A. Smith request sidewalks in front of 24 Creswell Rd. be replaced.

Councilor Joffrey A. Smith request sidewalk in front of 81 Amherst St. be replaced.

Councilor Joffrey A. Smith request sidewalk in front of 68 Barry Rd. be replaced.

Attorney Jonathan Finkelstein on behalf of Anthony Russell and Albert Johnson request City impose a No Parking/Tow Zone at 165 & 175 Lake Ave. and 188 Lake Ave.

Hector Melendez Jr., et al request "Children" signs and post speed limit signs in the vicinity of 11 Kenmore St.

Raymond Desroches request handicap parking be removed from in front of 97 Cutler St.

Velma Tourtellotte request resident permit parking in Payson St.

VERIZON NEW ENGLAND, INC. for conduit location for: BLACKSTONE RIVER ROAD

VERIZON NEW ENGLAND INC. for conduit location: CAMBRIDGE STREET

Transmitting May 2009 Auditor's Report.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager and the Director of Workforce Central provide City Council with information concerning the New Leaf Program.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager report to City Council prior to September 1, 2009 as to how he will implement the Fair CORI Practices ordinance and how waivers and complaints will be granted.

Request City Manager work with the Massachusetts Department of Conservation Resources and the United States Department of Agriculture to initiate a tree injection program in Worcester to treat non infested host trees after they are surveyed to prevent them from being infested with the ALB. Further, request that he explore working with a company like Arborjet who does slower and longer chemical treatments to get thorough injections into trees and could possibly treat 20,000 trees for about $500,000 with a 2 year guarantee even if it is a pilot program, which is already being tested in China. (Smith, Clancy, Haller, Palmieri)

Request City Manager consider engaging in negotiations with the owner of the Mid-Town Mall for the possible sale of the real estate and a relocation plan for existing retail tenants and a development plan for re-use plan for this critically important downtown space. (Palmieri, Germain, Rosen, Rushton, Toomey, Haller)

Request City Manager consider designating a person within his administration to track all of the potential opportunities for grants and loans that might be made available to the City of Worcester through President Obama’s American Recovery and Reinvestment Act, including but not limited to clean water and drinking funds. (Rushton)

Request City Manager report to City Council regarding the feasibility and advisability of enacting an ordinance regulating the maintenance of vacant foreclosed residential properties. (see proposed text attached) (Toomey, Rushton)

DECREE TO MAKE PUBLIC : QUISSETT STREET

#10a CC May 19, 2009
Communication of Dr. Roberta R. Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting Worcester's FY10 Budget: Challenges and Opportunities for Reform.

#7a CC May 26, 2009
Communication of the City Auditor transmitting April 2009 Auditor's Report.

#8.42C CM June 2, 2009
Communication of the City Manager transmitting informational communication relative to the Senate Budget's impact upon the City's Fiscal Year 2010 Budget.

Michael V. O'Brien, City Manager, transmitting communication relative to the transition of the Division of Assessing.

Michael V. O'Brien, City Manager, transmitting communication relative to a construction project on Foster St.

Michael V. O'Brien, City Manager, recommending Thirty One Thousand One Hundred Thirty Five Dollars and Sixty Five Cents ($31,135.65) be transferred from Account #330-08, Reserve for Appropriation Premium of Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to fund costs associated with the issuance of the June 16, 2009 Bond Anticipated Notes.

Michael V. O'Brien, City Manager, transmitting communication relative to water & wastewater "stimulus" funds.

FROM THE COMMITTEE ON PUBLIC WORKS - That the City Council of the City of Worcester hereby goes on record in support of National Grid's preferred alignment of a new conduit in Providence Street.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon a Proposed Ordinance amending Chapter Two of the Revised Ordinances of 2008 relative to Fair CORI Practices: recommend to Ordain the Proposed Ordinance, as amended.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the CORI Ordinance advertised by City Council: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard Ricker, Attorney on behalf of Walter Thomas Realty Trust request abatement of street betterment assessment #24707 in the amount of $7,966.40 on Maranda St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Gianni Romeo request abatement of street betterment assessment #24760 in the amount of $12,378.60 on Arctic St.: recommend adoption of the accompanying Order to abate in full

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carmen Paniagua request abatement of sewer assessment #31035 in the amount of $1,710.00 for Shepard St.: recommend adoption of the accompanying Order to abate in full

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Patrick Dowd request abatement of street betterment assessment #24731 in the amount of $4,118.00 for Inverness Ave.: recommend adoption of the accompanying Order to abate to $3,706.20

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ellen Shepherd, President of Shepherd Engineering Inc. request abatement of street betterment assessment #24783 in the amount of $10,174.89 on Saybrook Rd.: recommend adoption of the accompanying Order to abate to $4,876.38

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Candidate Petitioned Streets for Future Resurfacing Programs: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager requesting City Council review, consideration, and adoption of an Order to authorize Private Street Improvements to Belcourt Road: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Shawn McAvey request to accept McAvey Way as a public way: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dennis Dean, Meolo Development Corp. request to make public Good Harbor Dr.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Mia McDonald request "No Dumping" signs at the terminus of Falmouth St. near Snyder Court.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith request to install a "No Littering" signs in Ararat St. from I-190 to Brattle St.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy Jr. on behalf of Diane Skrocki request "No Littering" sign at 24 Cohasset St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P.Clancy Jr. on behalf of Mary Winski request sidewalk repair on Fifth Ave. on the side of property from driveway to the intersection of Vernon St. and Fifth Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robin DiEllo, General Manager of St. Cyr Salon and Spa, request Hudson St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Jason Jaillet request two catch basins be installed in the vicinity of 20 Jolma Rd in order to handle street flooding: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a report on the City's Urban Forest: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to National Grid's Petition for a cable and conduit system in Plantation Street, Clarendon Street and Almont Street: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to requesting business owners to Help Keep Worcester Clean: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to snow plowing on Gingerbread Trail: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to snow and ice removal costs: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Ice Storm Debris Collection Program: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to the Storm Debris Clean-Up Efforts and the Annual Street Sweeping Program: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to ongoing renovations at City Hall: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Belmont Street Force Main Rehabilitation Project: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting the January 2009 Economic Development Report: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting the February 2009 Economic Development Report: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting Communication Relative to the Keep Worcester Clean Status Report for the Month of November 2008: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting Informational Communication Relative to the Keep Worcester Clean Status Report for the Month of December 2008: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting the February 2009 Economic Development Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2009: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the Month of February 2009: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting Keep Worcester Clean (KWC) Activity Report for the Month of March 2009: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kristy DeLeon request abatement of Street Betterment Assessment #24664 in the amount of $8,419.00 on Chino Ave.: recommend Petition be denied

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charlotte Connor request to place a granite marker, privately funded, at the corner of Dix and Lancaster St. in memory of Joseph and Rita Soucy who were killed at this site on November 4, 1967: recommend Petition be denied

Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Elbridge Street Area.

Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Rockport Road Area.

Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Summerhill Avenue area.

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)

Petiton of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Motion Haller @ #14a CC - Request City Manager to consider giving to Human Rights Office the power to investigate any claims against compliance with the Fair CORI Practices Ordinance.

Motion Palmieri @ #12a CC - Request City Manager provide City Council with a comprehensive plan that talks about restructuring the Assessing Department with a combination of employees and an outsourcing of certain functions.

Motion Haller @ #12a CC - Request City Manager report to City Council the evaluation of the outsourcing of the backlog of property valuations.

Councilor Rushton moved to request to suspend the rules to allow the following item from the Municipal Operations Committee be submitted for consideration - Approved.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester conduct the Annual Performance Evaluation of the City Manager on June 30, 2009; that the City Councilors submit their written Evaluation Narrative to the City Clerk no later than 7:00 p.m., Tuesday, June 30, 2009; that the City Councilors make public their Overall Performance Grade using the attached Evaluation Grades during the June 30, 2009 City Council meeting; and finally, that each City Councilor be allotted no more than seven (7) minutes to deliver their verbal comments and overall performance grade.

Motion Haller @ #18d CC - Request the City Council Standing Committee on Municipal Operations consider the process of evaluating the City Manager much earlier in the calendar year. Further, request to use last year's City Manager Evaluation forms for this year's evaluation.

Motion Lukes @ #18d CC - Request the City Council Standing Committee on Rules & Legislative Affairs review the process of the annual evaluation of the City Manager and incorporate this process as part of the Rules of the City Council.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to the State FY2010 Budget.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to plans for the upcoming swimming season.

PETITION - Councilor William J. Eddy request “No Parking” signs in Outlook Dr. in the vicinity of Washington Heights be removed from one side of the street and replace with “Visitor Parking” signs.

PETITON - Councilor Barbara G. Haller on behalf of Joseph Obert request Oliver St., between Florence St. and Park Ave., be made one-way, towards Park Ave.; and request Woodbine St., between Beaver St. and Oliver St., be made one-way, towards Beaver St.; and request stop signs be removed or installed as appropriate in this area along Oliver St. at Woodbine St., at Birch St. at Beaver St. (design documents attached)

Motion Toomey - Suspension of Rules - Request City Manager provide a list of the State Office of Women & Minority Business Association (SOWMBA) certified vendors/contractors and the jobs/bids which have been awarded and those which have not been awarded.

Motion Toomey - Suspension of Rules - Request City Manager consider establishing on the Parks page of the City of Worcester web site a hyperlink to Park Spirit.

PETITION - Councilor Kathleen M. on behalf of Andrea Ajemian request to extend the existing Resident Parking in Irving St. to include 3 Irving St.