CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 27, 2009

Esther Howland Chamber

Convened: 7:15 P.M.

Adjourned: 8:25 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

The Mayor requested that all remain standing for a moment of silence in recognition of the passing of Charles Kotsopoulos, father of City Hall reporter Nicholas Kotsopoulos.

John Budzinski et al request Purchase St. be paved.

Councilor Joffrey A. Smith request sidewalk repair in front of 113 and 115 Newton Ave. North.

Councilor Joffrey A. Smith on behalf of Matthew Shwachman, Vice President of First American Realty, Inc., request Gateway Project II improvements at 119 Summer St. involving granite curbing and concrete sidewalks be completed.

Councilor Joffrey A. Smith on behalf of Matthew Shwachman, Vice President of First American Realty, Inc., request concrete sidewalks west of the driveway entrance to 100 MLK, Jr. Blvd. be repaired.

Matthew Early request the entire length of South St. be resurfaced from Providence St. to Shannon St.

Councilor Joffrey A. Smith on behalf of Linda Griffin request sidewalk repair in front of 12 Jeppson Ave.

George LaConte request the installation of a pre-emption signal device in the traffic signals at Brown Square facing outbound Franklin St. traffic.

NATIONAL GRID for electric cable and conduit system: RICH ST.,TORY FORT LANE, TIVERTON PARKWAY, MILL ST. AND PLEASANT ST.

NATIONAL GRID for electric cable and conduit system: JUNE ST. AND CHANDLER ST.

LIGHT TOWER FIBER LLC for conduit location: WALNUT STREET

LIGHT TOWER FIBER LLC for a conduit location: WILSON ST.

LIGHT TOWER FIBER LLC for conduit location: KENDALL ST.

LIGHT TOWER FIBER LLC for conduit location: CATHARINE ST.

LIGHT TOWER FIBER LLC for conduit location: MARSHALL ST.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with a copy of Massachusetts Department of Public Health regulation 480.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with an update from the Ad Hoc Health Task Force.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Chief of Police to enforce speed limit in vicinity of 1396 Grafton Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to install Speed Limit and Thickly Settled signs in vicinity of 1396 Grafton Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Chief of Police to enforce speed limit in Brightwood Avenue.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Commissioner of the Department of Public Works and Parks to install Stop Signs at each of the following side street intersections into Burncoat St.: at King Philip Rd., at Brighton Rd., at Blue Hill Rd., and Monterey Rd.

Request City Manager review the Philadelphia Plan and soon provide a recommendation to the City Council on what legal and legislative steps must be taken to implement it in the City of Worcester. The highly successful Philadelphia Plan allows residents and business owners the opportunity to apply for an abatement that freezes for a decade real estate taxes on new industrial and commercial construction, as well as on renovations to deteriorated properties. (Rosen, Clancy)

SEWER BETTERMENT ASSESSMENT: BANCROFT TOWER ROAD

#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.

#8a CC June 23, 2009
Communication of the City Auditor transmitting May 2009 Auditor's Report.

#18g CC June 23, 2009
Communication of the City Manager transmitting communication relative to the State FY2010 Budget.

#10a CC July 28, 2009
Communication of the City Auditor transmitting communication relative to the Actuarial Valuation and Review as of January 1, 2009 for the Worcester Retirement System (WRS).

#10b CC July 28, 2009
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for the Worcester Retirement System (WRS) for the fiscal year ended December 31, 2008.

#15a CC July 28, 2009
Communication of Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Massachusetts Pension Reform: What was accomplished? What remains to be done?

#15b CC July 28, 2009
Communication of Dr. Roberta R. Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Municipal Finance in Worcester 2009: Factors Affecting the City's Bond Rating.

#9.34C CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2010 Capital Improvement Plan, in Accordance with Loan Order Items #9.41A - 9.41RR to be Advertised.

#9.42B CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the FY 2010 City Budget.

#9.42E CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the City's Home-Rule Petitions.

#7.31A CM September 1, 2009
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Year End Budget Status and Bond Rating.

#8a CC September 1, 2009
Communication of the City Auditor transmitting July 2009 Auditor's Report.

#8b CC September 1, 2009
Communication of the City Manager transmitting reports on the cash basis financial results of operations for the City in Fiscal 2009.

#7.30A CM September 15, 2009
Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2010 Valuations and Tax Rates.

#7a CC October 13, 2009
Communication of the City Auditor transmitting Auditor's Report for August 2009.

Michael V. O'Brien, City Manager, transmitting an update relative to the College Hill Neighborhood..

Michael V. O'Brien, City Manager, transmitting communication relative to the City's bond ratings.

Michael V. O'Brien, City Manager, requesting City Council hold an Executive Session following the City Council meeting of Tuesday, October 27, 2009 for the purpose of discussing collective bargaining.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Worcester Senior Center Participant Survey: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting Informational Communication Relative to the Worcester Vocational High School's Minority & Women Business Participation & Worker Utilization Goals: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager relative to City Manager's Appointments, City Charter Implications - Affirmative Action Plan: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Public Health and Human Services Committee review Senate Bill 2518 "An Act Relative to Children's Mental Health". This omnibus bill would reform the children’s mental health system in Massachusetts. This legislation will identify mental illness in children earlier by reaching them in familiar and easily accessible settings, especially schools, early education programs, and pediatricians' offices; ensure that when identified, the illness is treated in the least restrictive, appropriate setting; improve insurance coverage for children with mental health needs; and restructure the oversight, evaluation and provision children's mental health services administered by the State: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Health and Human Services review the grants that have been applied for and obtained during the past two years by the Health and Human Services Department, and then, formulate recommendations to the administration that will allow that department to become better equipped to research, apply for, and obtain even more federal, state, and local grant money in the future: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Health and Human Services study what steps should be taken by the City of Worcester to comply with pending state law banning the disposal of needles and sharps in the municipal trash stream: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting communication relative to the establishment of a Ad Hoc Health Task Force: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Task Force on Public Health: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Lauryn Eldon, CFO of Oliver M. Dean Inc., request to install signs indicating that it is required by law to clean up after your pets be placed in front of 125 Brooks St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to State Office of Women & Minority Business Association (SOWMBA) Certified Vendors/Contractors: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dominique Lostracco et al request crosswalks be painted at the park entrance on Acton St.: recommend adoption of the accompanying Order to install handicap ramps and crosswalk east of Park entrance on Acton St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey on behalf of Dan Sargent request speed enforcement and signage in Upsala St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Konstantina B. Lukes on behalf of Carol Grahan request City Manager request the Police Chief to provide speed surveillance in the are of June St. and Mill St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Andy Frielich, General Manager of the Willows, request to install a driveway warning sign on Barry Rd. Ext. in the vicinity of the Willows: recommend adoption of the accompanying Order to install "Blind Driveway" signage at both entrance driveways into The Willows at Worcester at 101 Barry Rd Ext.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Francis Thomas request to reinstall a bus stop on Vernon St. across from Jefferson St.: recommending Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith request the installation of a School Crossing sign in Thorndyke Road near the intersection of Burncoat Street.: recommending Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith request the installation of a Stop Sign in Monterey Road facing traffic exiting Monterey Road into Burncoat Street.: recommending Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith request the installation of a Stop Sign in Blue Hill Road facing traffic exiting Blue Hill Rd. into Burncoat St.: recommending Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey Smith request the installation of a Stop Sign in Brighton Rd facing traffic exiting Brighton Rd into Burncoat St.: recommending Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith request the installation of a Stop Sign in King Philip Road facing traffic exiting King Philip Road into Burncoat Street.: recommending Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. request Children Safety sign on Greenbush Rd.: recommending Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of James May request a Blind Driveway or speed limit sign be installed in the vicinity of 1396 Grafton St.: recommending Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Torres request removal of the No Parking sign in front of 12 Branch St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Eddie Vasquez request "No Parking" on the odd side of Gediminas St.: recommending Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Pamela Rossetti request stop sign on the corner of Hadwen Rd. and Durant Way heading toward June St.: recommending Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Andy Frielich, General Manager of the Willows, request to install a stop sign on West Chester St. at Barry Rd. Ext.: recommending Petition be denied.

Amending Chapter Two Section Twenty-Seven of the Revised Ordinances of 2008 concerning fees to be charged to the Worcester Housing Authority.

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

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 Lukes - Suspension of Rules - Request City Manager report to City Council regarding reconsideration of the guidelines as listed in Worcester's Reforestation Program which prohibits the planting of trees beneath overhead utility lines. Further, request this report for the November 10, 2009 City Council meeting.

Motion Rushton to amend: Further, request City Manager request the utilities to consider placing current overhead wiring underground in ALB infected areas.

Motion Toomey - Suspension of Rules - Request City Manager implement a plan that would improve lines of communication between the city and residents of ALB infected areas.

Motion Palmieri - Suspension of Rules - Request the City Council Standing Committee on Public Works discuss the feasibility of creating a painted lane along one side of a street where sidewalks do not exist for the purpose of providing an area for families to walk to schools or any other neighborhood activities.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to short term and long term improvements to West Boylston St. from the Barbers Crossing area to the Summit.