CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 6, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 10:12 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

The Mayor read a proclamation that declared August 8 & 9, 2009 as the Fourth Annual Worcester World Cup Soccer Day and Councilor Rosen presented the proclamation and two awards to the women's and men's teams who won the August 2009 Cultural Exchange through Soccer tournaments at Foley Stadium. Laura Suroviak spoke as team members shook hands with all Councilors.

The Mayor read a proclamation declaring the weekend of October 9, 2009 as Columbus Day Parade Weekend and Councilor Palmieri presented it to John Monfredo of the parade committee who spoke about the weekend festivities.

The Mayor read a proclamation declaring October 2009 as National Employment awareness Month and Councilor Clancy presented it to members of the City of Worcester Commission on Disabilities. Dawn Clark, chairperson of the Commission appeared and spoke.

Eric Kuczarski, property owner of 37 Monterey Rd., and on behalf of property owners at 3, 4, 5, 8, 10, 15, 21, 25, 33, 36, 38, 39, 40, 45, 53, 61 Monterey Rd. request the ALB Reforestation Program select a single tree species and be a type of tree species that would produce a mature size and canopy characteristics similar to that of the previous street trees. Further, request the head of the Forestry Division attend an upcoming meeting of the Monterey Rd. neighbors to discuss the program's plans for replanting on Monterey Rd.

Councilor Kathleen M. Toomey request to install handicap accessibility ramps in the curbing in both the east and west sides of the crosswalk in Main St. at Harrington Corner; from 427 Main St. to 426 Main St.

Councilor Joffrey A. Smith request to repave Uncatena Ave.

Councilor Joffrey A. Smith on behalf of Roberta O'Brien request repair of sidewalk in front of 80 Richmond Ave.

Deborah Owens request abatement of street assessment #24810 in the amount of $4,091.12 for Clover St.

Kerry McGowan et al request the pothole in front of 153 Delawanda Dr. be repaired.

John Magnant request sidewalk repair on the side Sherburne Ave. side of 43 West Boylston Dr.

Walter Ohanian, Administrator, Christopher House of Worcester, request the section of Mary Scano Drive that is between Christopher House and Christopher Heights be resurfaced.

Councilor Philip P. Palmieri on behalf of Mary Dionne request to resurface Elliott St.

Councilor Philip P. Palmieri on behalf of Mary Dionne request to re-grade Elliott St.

Eileen Quirk request sidewalk repair in front of 16 Barnard Rd.

Jonathan Stockmal request to repair or resurface May St. between #57 to #69.

Councilor Frederick C. Rushton on behalf of Ingrid Johanson request to repair approximately 50 feet of sidewalk in front of 3 Maxdale Rd.

Councilor William J. Eddy on behalf of Miriam Dorsey request sidewalk repair in front of 89 Richmond Ave.

Teresa Shatos request repair or replacement of a larger sewer manhole drain in front of the driveway of 57 Glendale St. to prevent further damage caused by the water runoff onto the property of 57 Glendale St.

John Dowd request to rescind the left turn restriction on Pleasant St. westbound to enter the property at 528 Pleasant St.

Michael Chapman request resident permit parking in front of 3 & 5 Marston Way, Monday thru Friday, between 7AM - 5 PM.

Dennis Molinari request No Parking sign in front of 40 Winneconnett Rd. be removed.

Maria Gorsuch-Kennedy request resident parking on Germain St. be changed to school hours only.

Mark Douglas request to remove the handicap parking space closest to 9 Caroline St.

Mark Douglas request handicap parking in front of 19 Perry Ave.

Councilor Paul P. Clancy Jr. on behalf of Ronald Abraham request handicap parking space in front of 125 Ingleside Ave.

Jessica Parrilla request to change parking meters, on both sides of Main St. from #321 to the vicinity of former Court House, from 15 minutes to a 2- hour minimum.

Stephen O'Neil, Administrator of the Worcester Regional Transit Authority , request to relocate a bus stop from in front of 47 South Ludlow St. to in front of the Ty Cobb Field on South Ludlow St..

Councilor Paul P. Clancy, Jr. request to amend the winter parking ban for Providence St. to allow parking on the west side of Providence St. from Holcombe St. to Ames St.

William Coleman, III et al request City Council place before the voters in the November 3rd Municipal Election the following Non-binding Opinion Survey Question: "Shall a Commission be elected to frame a charter for the City of Worcester?"

Transmitting Informational Communication Relative to the FY10 Medicare Eligible Retiree Health Insurance Open Enrollment.

Transmitting Informational Communication Relative to the Gateway Cities Initiative.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of August 2009.

Transmitting Informational Communication Relative to Sewer Improvement Needs in the Granite Street Area

Recommend City Council's Adoption of Three (3) Orders of Easement for Drainage Purposes on Prouty Lane.

Transmitting Informational Communication Relative to Tree Planting in the City; Further, Request City Council Adoption of a Tree Ordinance; Further, Request City Council Adoption of an Order to Accept with Gratitude a Donation of $50,000 from National Grid's Statewide DCR Shade Tree Contribution.

Recommend Adoption of a Resolution to File and Accept a FY 2010 Senator Charles E. Shannon, Jr., Community Safety Initiative Grant.

Transmitting Informational Communication Relative to the Worcester Police Department's Maintenance Garage.

Recommend Adoption of a Resolution to File and Accept an Executive Office of Public Safety, State 911 Department FY 2010 Training Grant.

Transmitting Informational Communication Relative to Rodby Street, a Private Way Located off of Ararat Street.

Recommend that City Council Accept with Gratitude a Donation of Two Thousand One Hundred and Twenty Five Dollars ($2,125.00) from the Verizon Foundation to the Worcester Public Library Foundation in Support of the Worcester Public Library's "Tell Me More" Literacy Database Program.

Recommend City Council Accept with Gratitude a Donation in the Amount of Three Thousand Nine Hundred Dollars ($3,900.) from the Worcester Public Library Foundation.

SUPPLEMENTAL: Transmitting an Update Regarding Implementation of the City's Plan to End Homelessness.

SUPPLEMENTAL: Transmitting Informational Communication Relative to ADA Audits.

Recommend that Twelve Thousand Six Hundred Sixty Nine Dollars And Thirty Five Cents ($12,669.35) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #55C700, Library Building Rehabilitation, to repair the 3 sets of stairs at the Main Library.

Recommend that Three Hundred Ninety Thousand Dollars And No Cents ($390,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #25C701, Police Capital Equipment, for the purchase of seven marked cruisers, four unmarked cruisers, one traffic division truck team enforcement vehicle and one prisoner transport van.

Recommend that Sixteen Thousand Dollars And No Cents ($16,000.00) be transferred from Loan Account #91C777, Auditorium Rehabilitation, and be appropriated to Account # 74C701, Auditorium Building Rehabilitation, to provide funding for costs associated with the installation of a new boiler.

Recommend that Four Million Five Hundred Thousand Dollars And No Cents ($4,500,000.00) be transferred from Loan Account #75C504, DCU Special District, and be appropriated to Account #75C704, DCU Special District Improvements, to fund construction and project management expenses associated with this project.

Recommend that Five Hundred Fifteen Thousand Dollars And No Cents ($515,000.00) be transferred from Loan Account #75C504, DCU Special District, and be appropriated to Account #75C704, DCU Special District Improvements, to fund costs associated with the DCU Design project.

Recommend that Twelve Thousand One Hundred Eighty Seven Dollars And Fifty Cents ($12,187.50) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of a ceramic diffuser.

Recommend that Thirty Nine Thousand Eight Hundred Sixty Eight Dollars And No Cents ($39,868.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Water Capital Equipment, to allow for the purchase and payment of a vehicle.

Recommend that Nine Hundred Thousand Dollars And No Cents ($900,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704, School Department Building Rehabilitation, to fund improvements to various school rehabilitation projects.

Recommend that Three Hundred Thirty Three Thousand Five Hundred Two Dollars And Sixty Eight Cents ($333,502.68) be transferred from Account #330-07, Damage Settlement , and be appropriated to Account #14C601, Worcester Common Rehabilitation.

Recommend that Three Thousand Dollars And No Cents ($3,000.00) be transferred from Account #14SSN32, Neighborhood Services Salary & Fringe, and be appropriated to Account #14S11632, Community Soccer Field Rehabilitation, to provide funds to complete the Elm Park School Soccer Field Rehabilitation.

Recommend that Three Thousand Nine Hundred Twenty Five Dollars And Ninety Five Cents ($3,925.95) be authorized from Account #250-92000, Police Ordinary Maintenance, to pay prior year invoices.

Recommend that One Hundred Ten Dollars And No Cents ($110.00) be authorized from Account #450103-92000, Water Supply Ordinary Maintenance, to pay a prior year invoice.

Recommend that Three Hundred Six Dollars And Twenty Four Cents ($306.24) be approved to allow these obligations to be met with Fiscal Year 2010 funds.

Recommend that Eight Hundred Eighty Eight Dollars And Forty Four Cents ($888.44) be authorized from Account #663-96113 , Health Insurance Consultant to fund a prior year invoice.

Transmitting Informational Communication Relative to Downtown Patrols

Communication of Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting Municipal Elections in Worcester 2009: Questions for the Candidates.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 21 Lodi St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Handicap Parking in front of #7 Irene St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of #4 Mann St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 28 Cargill Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 1 Ford St

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 of Chapter 13 of the Revised Ordinances to Rescind Handicap Parking in front of 97 Cutler St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking opposite 261 Tacoma St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking on Pilgrim Ave. adjacent to 10 Bedford Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 12 Stanton St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 109 Lakewood St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 27 Parker St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 29 Bluff St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 83 Prospect St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 53 Elm St. adjacent to the passenger zone.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for Handicap Parking in front of 21 Blanche St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind Handicap Parking in front of 32 Newbury St. and place it in front of 34 Newbury St..

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime in front of 165 and 175 Lake Ave.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime in front of 165 and 175 Lake Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime in front of 188 Lake Ave

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime in front of 188 Lake Ave.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the south side of Clay St. from College St. to a Pt. 39' west of College St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the west side of College St. from a Pt. 20' north of Clay St. to a Pt. 37' south of Clay St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the east side of College St. opposite #66 College St. from a Pt. 32' north of Gate #6 to a Pt. 45' south of Gate #2.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the west side of Caro St. from College St. to Boyden St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the north side of Caro St. from College St. to Boyden St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the south side of Caro St. from Boyden St. to a Pt. 20' east of Boyden St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on Boyden St. Both sides from Southbridge St. to a Pt. 20' south of Southbridge St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on Boyden St. east side from a Pt. 20' north of Caro St. to a Pt. 20' south of Caro St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on the west side of College St. from a Pt. 20' North of Boyden St. to a Pt. 20' south of Boyden St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zone No Parking Anytime on Boyden St. both sides from College St. to a Pt. 20' west of College St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install tow away zone No Parking Anytime on the west side of College St. from Caro St. to a Pt. 51' south of Caro St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install tow away zone No Parking Anytime on the south side of Caro St. from College St. to a Pt. 30' west of College St.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install tow away zone No Parking Anytime on the east side of College St. 20 ft. both sides of the main entrance to Holy Cross College (Linden Lane Gate #2).

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the west side of Piedmont St. from Main St. to Piedmont Court.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for 30 minute parking in front of 6 Piedmont St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for 30 Minute Parking in front of 80 West St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for 10 Minute Parking in front of 40 Foster St.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking in front of #3 Irving 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)

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)

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

Motion Toomey @ #6.27B CM - Request City Manager consider adding a button to the city's web page that would link to the Director of Human Rights so the public could submit locations that need ADA compliance.

Motion Rushton @ #5z CC - Request City Manager request the City Solicitor to inform City Council how a City of Worcester municipal advisory question may be placed on the January 19, 2010 Special State Election ballot.

Motion Rushton @ #5z CC - Request City Clerk advise City Council of the additional cost for printing and programming for the placement of an advisory question on a municipal ballot.

Councilor Clancy moved to amend: Further, request City Manager request the City Solicitor for a report concerning all aspects of charter change. - Accepted

Motion Toomey @ #6.3A CM - Request City Manager report to City Council as to when the mail service contract expires and when it will up for rebidding.

Motion Germain @ #6.3A CM - Request City Manager consider amending the contract with health insurance providers so that they are disallowed from having contact with the subscribers concerning rate increases.

RESOLUTION @ #6.4A CM - That the City Council of the City of Worcester hereby endorses the Act to Promote Economic Development in Gateway Cities proposed by the Massachusetts Gateway Cities Legislative Caucus. (Haller)

Motion Haller @ #6.17B CM - Request City Manager provide City Council with copies of the Clark University Study and the WRRB Report concerning police department operations.

Motion Petty - Suspension of Rules - Request City Manager cap the current levels of retiree health plan contributions of 25% and the current retiree conventional plan design changes; and further, request that any future changes of said two items be brought to a city council vote.

Motion Germain - Suspension of Rules - Request City Manager report to City Council the names of the communities that are in the GIC and therefore have enacted Section 19.

Motion Rosen - Suspension of Rules - Request City Manager provide to City Council a previous report submitted by the City Manager which stated that he could support Section 19.

PETITION - Councilor William J. Eddy and Councilor Gary Rosen request Camelot Dr. be repaved.