CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 22, 2009

Esther Howland Chamber

Convened: 7:23 P.M.

Adjourned: 10:01 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Petition of Joe Casello request to address the City Council on the recent decision by the City Council Standing Committee on Rules & Legislative Affairs recommending a change to the city charter, that would provide for special elections to fill district council seats when they become vacant during mid-term. (Tabled Under Privilege - Germain December 15, 2009)

Communication of the City Manager transmitting informational communication relative to the Filling of Vacancies on the City Council and School Committee. (Tabled Under Privilege - Germain December 15, 2009)

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Councilor William Eddy and Councilor Paul P. Clancy Jr. request the Standing Committee on Rules and Legislative Affairs recommend to City Council relative to amending the Home Rule Charter concerning succession of a district council seat that ensures equal representation for filling vacancies of city council seats: recommend adoption of the accompanying Order. (Tabled Under Privilege - Germain December 15, 2009)

Kathleen Kardokas & Audunn Valdimarsson request sidewalk repair in front of 2 Mars St.

Barbara Nayak request to reinstate the handicap parking space recently rescinded across from 18 Acton St.

Helen Monette request to remove the handicap parking in front of 19 Mendon St. as it is no longer needed.

Patrick Mulrenin request handicap parking in front of 37 Plantation St.

Councilor Kathleen M. Toomey request that a "No Left Turn 7am -9am and 1:30pm - 3:30pm school days" prohibition be installed for traffic exiting Wawecus Rd. into Burncoat St. in the interest of public safety.

Transmitting Informational Communication Relative to the Appointment of Constables for the Calendar Year 2010.

Transmitting Informational Communication Relative to the Issuance of Three Requests for Proposals (RFPs): Assessment Consultant for Brownfields; Retail Space at Major Taylor Parking Garage; and Property at the Former Greenwood Street Landfill.

Recommend City Council's Adoption of an Order for Two Permanent Drainage Easements on Crawford Street, Bird Street and Hazel Street for the Conversion of Hazel Street.

Transmitting Informational Communication Relative to the Testing of Alternative Asian Longhorned Beetle (ALB) Eradication Methods at 50 Washington Street in the City.

Transmitting Informational Communication Relative to Worcester Fire Department Personnel.

Transmitting Informational Communication Relative to Livery Businesses.

Transmitting Informational Communication Relative to Implementation of the City's Plan to End Homelessness.

Transmitting Informational Communication Relative to the College Hill Neighborhood.

Transmitting Informational Communication Relative to the Task Force on Public Health.

Transmitting Informational Communication Relative to State Approval of the City's Proposal to Utilize $500,000 in Fiscal Year 2010 Capital Funding for Shade Tree Planting.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Polar Beverages Sponsorship of the Fireworks for the First Night Worcester 2010 Celebration.

#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.

#12a CC December 15, 2009
Communication of the City Auditor transmitting Auditor's Report for October 2009.

James A. DelSignore, City Auditor, transmitting communication relative to the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2009.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting a proposed Wind Energy Amendment to the City's Zoning Ordinance.

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

Motion made @ #4a CC, 4b CC and 4c CC:

Mayor Lukes moved to take collectively items #4a, 4b & 4c off the table.

Councilor Eddy moved to Request City Council amend section 5 of the petition for filling of vacancies on the City Council and School Committee to read as follows: This act shall apply to any vacancy in the offices of the city council at-large, district councilor or school committee member which occurs on or after January 3, 2012.

Councilor Toomey moved to recommit the items to the Standing Committee on Rules and Legislative Affairs for a public hearing

Councilor Toomey moved to withdraw her motion to recommit and moved to table the items under privilege - Denied on a roll call vote of 2 Yeas (Germain, Toomey) and Nine Nays (Clancy, Eddy, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Lukes)

Mayor Lukes moved to suspend the rules to allow public testimony - Approved
The following speakers were recognized by the Mayor:

1. Joe Casello, Worcester resident
2. Sean Maher, Worcester resident
3. Kara Berg Powers, Worcester resident
4. Jo Hart, Worcester resident

Mayor Lukes moved to Place on file item #4a CC - Approved

Mayor Lukes moved to Accept the Report and Adopt the Order for #4c CC on a roll call - Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, Toomey, Lukes) (Nay - Rosen). Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays. Mayor Lukes moved for a vote for reconsideration - Denied on a roll call vote of 2 Yeas and 9 Yeas (Yeas - Rosen, Rushton) (Nays - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Smith, Toomey, Lukes)

Mayor Lukes moved to Adopt the Order for #4b CC as amended by Councilor Eddy's motion on a roll call - Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, Toomey, Lukes) (Nay - Rosen). Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays. Mayor Lukes moved for a vote for reconsideration - Denied on a roll call vote of 3 Yeas and 8 Nays (Yeas - Rosen, Rushton, Toomey) (Nays - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Smith, Lukes)

Motion Clancy @ #8.4A CM - Request City Manager provide City Council with a map of the 6.5 acre parcel of the former Greenwood St. Landfill property including an aerial and topographical view and request the map delineate the sewer line which runs along the former landfill. Further, request City Manager provide a map of all the additional parcels adjacent to the former landfill. Further, request City Manager provide a report relative to the ramification for any liabilities if the parcel has potential contamination.

Councilor Petty moved to suspend the rules to allow public testimony relative to the expansion of Montvale Historic District - Approved

Mayor Lukes recognized the following speakers:
1. James Crowley, resident of the Montvale Historic District
2. Joan Kariko, resident of the Montvale Historic District
3. Denise Sherman, resident of the Montvale Historic District
4. Attorney Chandler, representing the owners of 1 Montvale Ave.

Councilor Palmieri chairman of the Economic Development Committee moved to request to suspend the rules to allow the following Reports be submitted for consideration - Approved.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of Peter Schneider, Chair of the Worcester Historical Commission transmitting communication relative to proposed expansion of the Montavale Local Historic District: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting a Proposed Wind Energy Amendment to the City's Zoning Ordinance: recommend acceptance of the Planning Board recommendation with corrections and amendments as well as acceptance of the Committee's amendment and recommend passage of the accompanying proposed Ordinance as amended .

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District: recommend Proposed Ordinance be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Proposed Expansion of the Montvale Local Historic District.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Lois Maraia, President of Goldthwaite Holdings LLC request to change the zone from RS-7 and RG-5 to RL-7 for property located in the area of Pierce St. and Goldthwaite Rd.: recommend Report and Petition be denied.

Motion Petty @ #8.17A CM - Request City Manager provide a strategy for handling violations of the regulation for Taxis/Liveries. Further, request City Manager request the City Solicitor provide an opinion concerning additional methods for increasing fines as well as penalties such as suspension or revoking of licenses.

Motion Petty @ #8.17A CM - Request City Manager provide City Council with a report addressing unlicensed taxi/livery drivers as well as taxi services from other communities competing illegally within the city.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting April 2009 Auditor's Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to the Senate Budget's impact upon the City's Fiscal Year 2010 Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting May 2009 Auditor's Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting communication relative to the State FY2010 Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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?: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting Informational Communication Relative to the FY 2010 City Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting Informational Communication Relative to the City's Home-Rule Petitions: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Year End Budget Status and Bond Rating: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting July 2009 Auditor's Report: recommend Communication be placed on file

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting reports on the cash basis financial results of operations for the City in Fiscal 2009: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2010 Valuations and Tax Rates: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for August 2009: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting the Auditor's Report for September 2009: recommend Communication be placed on file.

Motion Rosen - Suspension of Rules - Request City Manager investigate whether or not the residents of Meadow Lane, whose backyards face Pleasant St., are required to shovel the sidewalks on Pleasant St even though they do not own the land that abuts the sidewalks on Pleasant St.. Further, request the City Manager request the City Solicitor provide a legal opinion concerning who is responsible for the shoveling of these sidewalks.