CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 24, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 8:20 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Allyn Jones request One Tiverton Parkway be zoned all commercial.

Peter & Jeannette White request abatement of street betterment assessment #24799 in the amount of $18,334.00 for Carpenter Ave.

Peter & Jeannette White request abatement of street betterment assessment #24800 in the amount of $2,200.08 for Carpenter Ave.

Ramgopal Eswaran request the broken portion of curb that begins at the driveway in front of 87 Moreland St. be repaired.

Councilor Joffrey A. Smith request sidewalk repair in front of 25 Arbutus Road.

Councilor Joffrey A. Smith request sidewalk repair in front of 20 Arbutus Road

Mike Gabriella request handicap parking sign in front of 5 Royal Rd.

Paul Fullen request City Council to request the City Manager change the policy of restricting city employees from serving on Executive and Regulatory Boards and Commissions.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Fire Chief assess Lapierre St. and make a recommendation to City Council as to whether the current parking situation could impair any public safety assistance to the residents of this street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Zoning Board of Appeals enforce the conditions of their decision for 60/64 Woodland St. relative to parking.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief provide enforcement of the Resident Permit Parking in Harlow St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief provide enforcement of parking regulations in Seward St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the Commissioner of Public Works & Parks to install appropriate cautionary signs in Parkton Ave. to assist commercial traffic.

Request City Manager provide City Council with a report clarifying the impact of the proposed expansion of the Montvale Local Historic District. Further, request that said report include an explanation of the impact of the City's zoning ordinance upon parcels included in the proposed expansion. (Smith, Petty)

Request City Manager request the Commissioner of the Department of Public Works and Parks adjust the control on both traffic signals at Pleasant Street and Wrentham Road and Pleasant Street and Maxdale Road from the present signals tripped by approaching automobiles to standard timed signals. This will slow traffic in that area of Pleasant Street and make it much safer for motorists turning into Pleasant Street from intersecting streets such as Moreland Street, Brantwood Road and Dellwood Road. (Rosen)

SEWER BETTERMENT ASSESSMENT: NOTTINGHAM ROAD

PRIVATE STREET BETTERMENT ASSESSMENT: BELCOURT ROAD

STREET BETTERMENT ASSESSMENT: HOUGHTON 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.

#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.

#9a CC November 10, 2009 Communication of the City Auditor transmitting the Auditor's Report for September 2009.

Michael V. O'Brien, City Manager, transmitting communication relative to a 'go green' Holiday Tree for the Worcester Common.

Michael V. O'Brien, City Manager, transmitting communication relative to the 10th annual Memorial Service in remembrance of the Worcester Cold Storage Warehouse fire at the Franklin Street Fire Station site on Thursday, December 3, 2009 at 6:00 P.M.

REPORT OF THE PLANNING BOARD Upon the Petition of Binh Phan request to make public the private portion of Beaver Brook Parkway.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. area. (Millbury St. between Leland St. and #1309 Millbury St.)

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (Leland St.)

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (St. Anthony St.)

REPORT OF THE PLANNING BOARD Upon the Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (Winnipeg St.)

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area (St. Louis St.)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Mohan Prashad, Venue Nightclub, Spoodles, Neighborhood Cafe, New York Jewelry and Bluri Nights request to reduce the number of bus stops in front of 340 Main St. to allow for one commercial parking spot for deliveries and business needs: recommend adoption of the accompanying Order to install one commercial loading zone in front of 340 Main St. for a trial period of 90 days.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Tuan Vo, Oliver Corner Store, request the installation of a 50-foot, 20-minute commercial delivery zone and/or customer parking zone in front of 2C Oliver St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Matt Doyle of Worcester Donuts Inc. request the installation of a Commercial Loading Zone in the north side of Nebraska St. from the corner of Envelope Terrace to the driveway of Dunkin Donuts: recommend adoption of the accompanying Order to install commercial loading zone in Envelope Terrace in west side from a Pt. 33' North of Nebraska St to a Pt. 58' North of Nebraska St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request that a "Crosswalk Ahead" or similar sign be installed in Endicott Street in the approach to the intersection of Millbury Street in the interest of public safety: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Belinskas request to make the even numbered side of Lapierre St. "No Parking Anytime.": recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Malvey, President of Ed's Used Cars, request to post "No Parking" signs on the Piedmont St. side of 786 Main St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Philip Wierstak request to place "No Parking Anytime" signs from Lincoln St. fifty feet in on Gorham St. on either side of the road: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Phil Jordan request the 15 minute parking in front of 4 Richmond Ave. be rescinded and in place thereof, install 1 hour parking: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Greg Jarras request installation of Resident Sticker Parking from 70 through 78 Woodland St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Merrill request to extend the residential permit parking in Irving St. to include 3 Irving St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Keith Paquin request resident parking on Fifth Ave: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Belinskas request resident permit parking on Lapierre St., from Plantation St. to Ridge St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Albert Hayeck, Esq. request resident only parking on Lapierre St., from Plantation St. to Ridge St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy request the posting of signs for the restriction of commercial vehicles over 2 Tons on Victor Ave: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joseph Jean-Claude request a traffic light be placed at the intersection between Drummond Ave. and Route 122A: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request Haynes St. be coverted to be a two-way street: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Gorsuch-Kennedy request resident parking on Germain St. be changed to school hours only: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of John Atlas request a 5 ton vehicle weight limit be installed in Parkton Ave: recommend Petitioner be given Leave to Withdraw.

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)

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

Councilor William J. Eddy moved to recognize and congratulate former City Councilor and Mayor Paul V. Mullaney on the occasion of his 90th birthday and presented him the following Resolution:

That on the occasion of his 90th birthday, the City Council of the City of Worcester hereby recognizes and congratulates former City Councilor and Mayor of Worcester the Honorable Paul V. Mullaney who served in elective office in this chamber from 1960 through 1967, and extends to him the thanks and appreciation of a grateful community for his lifelong commitment of generous service to all Worcesterites.

Mayor Lukes recognized Judge Mullaney who thanked City Council for this recognition.

Motion Palmieri @ #8a CC - Request City Manager contact and request Attorneys and Real Estate Agent, involved with the property in the Montvale, be present at the next Economic Development Committee meeting for December 15, 2009.District.

Motion Petty @ #8a CC - Request City Manager provide City Council with a history of events in chronological order that led to an agreement concerning the expansion of the Montvale District.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to ratification of a Collective Bargaining Agreement by NEBPA Local 911.

COMMUNICATION - Michael V. O'Brien, City Manager, recommend City Council's adoption of a Salary Ordinance Amendment to implement the City's Collective Bargaining Agreement with NEPBA Local 911.

COMMUNICATION - Michael V. O'Brien, City Manager, recommend that Ninety Eight Thousand Eight Hundred Fifty Eight Dollars and No Cents ($98,858.00) be transferred from Account #663-96000, Health Insurance, and be appropriated to Account #250-91000, Police Personal Services, to fund anticipated costs associated costs associated with the collective bargaining agreement between the City of Worcester and the NEPBA 911, Worcester Police Officers.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to Patrick-Murray Administration's Award of Public Safety Grant Funding for the Worcester Police Department and the Worcester Fire Department.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the 2010 Tax Rate Classification Hearing on December 1, 2009.

Motion Toomey - Suspension of Rules - Request City Manager contact MassDOT and designers of the Lake Quinsigamond Gateway bridge and request an informational briefing with Worcester's legislative delegation, members of City Council, City Manager and any appropriate staff as soon as possible.

Motion Smith - Suspension of Rules - That the Commissioner of Public Works & Parks remove the school speed limit signage in Mill Street in the vicinity of the former Mill-Swan School.

Motion Palmieri - Suspension of Rules - Request City Manager, during the upcoming weeks, meet with the Administration of Holy Cross College.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a report concerning the reported cost estimates for the Lake Quinsigamond Gateway replacement bridge.