CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 1, 2009

Esther Howland Chamber

Convened: 7:17 P.M.

Adjourned: 10:27 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2010.

Jean & Edgar Smith request tree in front of 183 Warner Ave. be removed.

Gerald Tuori on behalf of Becker College request bus stop be designated on the north side of Cedar St. (from the corner of West St. in a westerly direction to the first driveway).

Gerald Tuori on behalf of Becker College request that four (4) parking spaces on the north side of William St., in front of 66 William St., be restricted to two (2) hour parking from 8am-4pm.

Transmitting Informational Communication Relative to the U.S. Census Bureau's 2008 Population.

Transmitting Informational Communication Relative to the Proposed CDBG Allocation Process Timetable for Year 36 (July 1, 2010 - June 30, 2011)

Recommend Adoption of a Resolution to File and Accept a United States Department of Energy (DOE) Retrofit Ramp-Up and General Innovation Grant.

Transmitting a Proposed Wind Energy Amendment to the City's Zoning Ordinance.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Proposed Expansion of the Montvale Local Historic District.

Recommend Adoption of a Resolution to File and Accept a Health Care Skills Gap Grant from the Executive Office of Labor and Workforce Development/Commonwealth Corporation Healthcare Skills Gap Program.

Recommend Adoption of a Resolution to File and Accept a FY2010 Workforce Investment Act Incentive Award.

Transmitting Communication Relative to Snow and Ice Removal from Public Sidewalks.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Winter Parking Ban.

Recommend Adoption of an Order for a Deed of Easement for Land Located at 150 Harrington Way for the Installation of Data /Telecommunications for the New North High School.

Transmitting Communication Relative to a Proposal to Increase the Abandoned Vehicle Penalty on January 1, 2010 from Four Hundred and Fifty Dollars ($450.00) to Five Hundred Dollars ($500.00) to Cover the Increase in Annualized Indirect Costs of Operating the Program.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the 2009 Fall Leaf Collection Program.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Five Hundred Dollars ($500.00) from the Massachusetts Interscholastic Athletic Association, Inc. (MIAA) for the Maintenance of Rockwood Field.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Hundred and Five Dollars ($105.00) from the 2009 Worcester Recreational Tennis Tournament for the Maintenance of the City's Tennis Courts.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Thousand Five Hundred Dollars ($1,500.00) from the Massachusetts Interscholastic Athletic Association, Inc. (MIAA) for the Maintenance of the Lake Park Baseball Facility (Tivnan Field).

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Two Thousand Four Hundred Dollars ($2,400.00) from the Victory in Christ Worcester South Foursquare Church for the Maintenance of Hope Cemetery.

Transmitting Informational Communication Relative to a Parkland Acquisition and Renovations for Communities (PARC) Grant Award to the City in the Amount of Five Hundred Thousand Dollars ($500,000.) for the Renovations to Cristoforo Columbo (East) Park.

Recommend that City Council Accept with Gratitude a Donation in the Amount of One Hundred Dollars ($100.00) to the Worcester Fire Department from the Massachusetts Association of Student Financial Aid Administrators, Inc. for Fire Safety Education.

Transmitting Informational Communication Relative to Cleanliness and Code Compliance at Wyman Gordon Properties.

Transmitting Informational Communication Relative to the Certification of Housing Inspectors to Conduct Lead Paint Determinations.

Transmitting Informational Communication Relative to Housing and Health Inspections Response Protocol for No Heat Complaints and Emergencies.

Recommend that City Council Accept with Gratitude a Donation from the Stoddard Charitable Trust through the Worcester Public Library Foundation in the Amount of Twelve Thousand Seven Hundred and Fifty Dollars ($12,750.00) for the Purchase of Early Literacy Computers for the Worcester Public Library and the Frances Perkins Branch Library.

Tax Classification - Recommend Adoption of the Attached Orders for the Establishment of the Elderly Abatement Program, the Double Elderly Abatement, and for Allowing the Additional Abatement of Taxes for FY 2010.

Tax Classification - Transmitting Informational Communication Relative to Calculations to be Used for the December 1, 2009 Tax Classification Hearing.

Tax Classification - Recommend City Council approval to use Revolving Fund Accounts in FY 2010.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Loan Account # 91C778, Providence Street Tot Lot, and be appropriated to DPW Account #44C777, Providence Street, to fund contractual obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C744, Off-Street Parking Building Rehabilitation, and be appropriated to DPW Account #46C704, Federal Plaza Garage Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Six Hundred Thousand Dollars And No Cents ($600,000.00) be transferred from Loan Account #91C744, Off-Street Parking Building Rehabilitation, and be appropriated to DPW Account #46C702, Pearl Elm Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C722, Route 20 - Sewers, to allow for the payment of anticipated obligations (Engineering services) associated with this capital project.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account # 72C70205, Vernon Hill, for contractually obligated work at Vernon Hill Park.

Recommend that One Hundred Fifty Two Thousand Four Hundred Sixty Three Dollars And No Cents ($152,463.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of capital equipment.

Recommend that One Hundred Eighty Seven Thousand Eight Hundred Fifty Six Dollars And No Cents ($187,856.00) be transferred from Loan Account #91C731OA, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of equipment.

Recommend that Thirty Five Thousand Three Hundred Ninety Three Dollars And No Cents ($35,393.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of a Crew Cab Pickup Truck.

Recommend that Twenty Seven Thousand Seven Hundred Ninety Three Dollars And No Cents ($27,793.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Capital Equipment, to fund the purchase of one vehicle.

Recommend that One Million Seven Hundred Thirty Seven Thousand Seven Hundred Eighty Nine Dollars And Six Cents ($1,737,789.06) be transferred from Loan Account #91C799, North High School, and appropriated to DPW Account #41C740, North High School.

Recommend that One Thousand Ninety Three Dollars And Nine Cents ($1,093.09) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and be appropriated to Account #2602-92000, Worcester Fire Department Ordinary Maintenance, to fund repairs to the Arson Investigation Van.

Tax Classification - Request Adoption of Orders to make adjustments to the Fiscal Year 2010 Budget in advance of the Certification of the Department of Revenue.

Transmitting Informational Communication Relative to Legislation to Dispose of Municipally Owned Vacant Buildings.

Transmitting Communication Relative to H1N1 Vaccinations in the Worcester Public Schools.

Transmitting Communication Relative to the Availability of the Woo Card to the General Public.

Transmitting Informational Communication Relative to A Donation Made to the Friendly House for the Purchase of Food for the Needy from the Francis H. Dewey Trust Fund

Transmitting Information Relative to the Use of Technology for the Transmittal of Information to the General Public.

Transmitting Informational Communication Relative to the Task Force on Public Health

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting Benchmarking Economic Development in Worcester: 2009.

Dr. Helen Friel, Assistant to the Superintendent/Clerk of the School Committee, transmitting communication requesting City Council approve the following motion of Mr. O'Connell approved by the School Committee on November 19, 2009, requesting that the School Committee, pursuant to the provisions of M.G.L. Chapter 30B, Section 12, to authorize the Purchasing Director of the City of Worcester to advertise and award contracts for student transportation services, subject to the approval of the Worcester Public Schools and the City Manager, for a term of up to five years.

Amending Section 14 of Chapter 9 of the Revised Ordinances of 2008 relative to Vacant Properties and Foreclosing Properties.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2009 to rescind 15 minute parking in front of 4 Richmond Ave and in place thereof install one hour parking.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to provide for handicap parking in front of 21 Waverly St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to provide for handicap parking in front of 50 Norfolk St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 8 Shepard St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 131 Maywood St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking opposite 34 Lakeside Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking opposite 6 Moen St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 5 Manomet St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for two handicap parking spaces on Library Lane in front of the Library. One space on each side of the crosswalk. Also provide two 15 minute 8:00 AM to 8:00 PM parking spaces adjacent to each of the handicap spaces.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on Cameron St. adjacent to 694 Franklin St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime in front of 6A Boylston St. to give market customers spaces to park.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking opposite 2 and 4 Courtland St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to reverse the winter parking ban on Gediminas St. to the odd numbered side of the street when declared.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on the south side of Winneconnett Rd. from the easterly property lane of 33 Winneconnett Rd. to Mohican Rd.

Amending Section 42 of Chaper 13 of the Revised Ordinances of 2008 to rescind No Parking 7:00 AM to 6:00 PM Monday to Friday on the south side of Winneconnett Rd. from 230' west of Mohican Rd. to Mohican Rd.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Houghton St. at Heywood St. facing northbound traffic on Houghton St.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Brightwood Ave. and Hampton St. facing north and southbound traffic on Brightwood Ave.

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)

Motion Palmieri @ #4a CC - Request City Manager meet with the City Solicitor and Head Librarian concerning the possible expansion of the composition of Library Board of Directors.

Motion Clancy @ #4a CC - Request City Clerk forward names of the eight unsuccessful candidates for the Library Board of Directors to City Manager and request that he notify those individuals of vacancies on other boards and commissions.

Motion Toomey @ #4a CC - Request City Manager request the Colleges of the Worcester Consortium conduct a study within their MBA programs concerning the conversion to a single tax rate and request the results be made known by the spring of next year.

Motion Haller @ #4a CC - Request City Manager bring people to the table to explore through discussions the future tax rates in the city.

Motion Eddy @ #4a CC - Request City Manager provide City Council with a report relative to the use of economic triggers and how they could impact the city’s ability to look at the tax burden on businesses or residences.

Motion Rushton @ #5a CC - That the tax rate for Fiscal Year 2010 be set at $15.79 for Residential property tax and $30.90 for Commercial, Industrial and Personal property.

Motion Petty @ #5a CC - That the tax rate for Fiscal Year 2010 be set at $15.31 for Residential property tax and $32.69 for Commercial, Industrial and Personal property.

Motion Haller @ #5a CC - That the tax rate for Fiscal Year 2010 be set at $15.15 for Residential property tax and $33.28 for Commercial, Industrial and Personal property.

Motion Toomey @ #9.12A CM - Request City Manager clarify on the city's web site the issue of snow removal in driveways on private properties.

Motion Haller @ #9.12A CM - Request City Manager distribute via email City Manager's item #9.12 A CM to all neighborhood watch groups.

Motion Eddy @ #9.12A CM - Request City Manager consider including a notice relative to the snow removal program in tax bills.

Motion Eddy @ #9.12A CM - Request City Manager contact the Principal of Doherty High School through the School Superintendents Office and request they make a recommendation of a student group that could participate in the snow removal program that is equivalent to what is provided by Burncoat & North High Schools.

Motion Germain @ #9.14C CM - Request City Manager provide City Council with information concerning leaf collection programs in other phase one communities.

Motion Germain @ #9.14C CM - Request City Manager provide City Council with the EPA storm water permit language that states the city needs to conduct a leaf collection program.

Motion Haller @ #9.14C CM - Request City Manager provide a report showing the number of tickets issued this year for cars parked illegally in leaf sweeping areas.

Motion Palmieri - Suspension of Rules - Request City Manager investigate the apparent collapse of North Lake Avenue in the area of the hairpin curve.

PETITON - Councilor Paul P. Clancy, Jr. on behalf of Dennis Dowdle of Madison Properties request to accept the layout of a public way entitled “WalMart Way Layout” and that said way be named as WalMart Way.

Motion Germain - Suspension of Rules - Request City Council attend an informational hearing concerning Section 19 to be arranged by the Coalition of Retirees for the City of Worcester.