CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 26, 2011

Esther Howland Chamber

Convened: 7:13 P.M.

Adjourned: 9:30 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of April 5, 2011.

Hearing - NEW ENGLAND POWER d/b/a NATIONAL GRID for conduit locations at: CORAL ST, WAVERLY ST, GRAFTON ST, FRANKLIN ST, NORFOLK ST, VILLA NOVA ST, FRANKLIN ST, PLANTATION ST. AND NORTHBORO ST.

Granting permission to NEW ENGLAND POWER d/b/a NATIONAL GRID for conduit locations at: CORAL ST, WAVERLY ST, GRAFTON ST, FRANKLIN ST, NORFOLK ST, VILLA NOVA ST, FRANKLIN ST, PLANTATION ST. AND NORTHBORO ST.

The Mayor recognized the presence of two delegations present in the gallery; a group of eight medical professionals from Ukraine and a group of three educators from Egypt here in Worcester as visitors arranged through the International Center of Worcester.

The Mayor O'Brien read a Proclamation declaring Saturday, April 30th 2011 as REC Earth Day Cleanup Day and Mayor O'Brien recognized Steven Fischer, Executive Director of REC who said of a few words concerning the event and to encourage people to join in the effort.

Councilor Haller requested to suspend the rules to allow Acting Director Derek Brindisi for the Worcester Department of Public Health to brief City Council and the listening public concerning the upcoming Drug Take Back Day on April 30, 2011.

Alan Dang et al, student of Massachusetts College of Pharmacy & Health Sciences request for a bike rack to be installed on the sidewalk of Foster St. between the intersections of Norwich St. and Commercial St.

Jeffrey Fisher request that a catch basin be installed in front of 24 Circuit Ave. East.

Ninozka Delacruz request sidewalk repair in front of 6 Imperial Rd.

Matthew Mullaney request sidewalk repair in front of 2 Ascadilla Rd.

Barbara Kopka request sidewalk repair in front of 55 Ward St.

Mullen Sawyer, Director of the Oak Hill Community Development Corp., request sidewalk in front of the parking lot at 74 Providence St. be repaired.

Michael Maldonado request Greenhill Ave. be repaved

Councilor Joffrey A. Smith on behalf of Nancy Willett request sidewalk repair in front of 18 Arbutus Rd.

Joyce & Leo Messier request sidewalk repair at 77 Summerhill Rd.

Alicia Esquivel request a Passenger Zone be installed in front of 43 Sigel St.

Cynthia Beaudoin request handicap parking space be installed in front of 51 Gates St.

Councilor Barbara G. Haller on behalf of George Valeri request a "No Parking" sign between 15 and 21 Oread St.

Councilor Joffrey A. Smith on behalf of Kenzo Restaurant request changing the winter parking restrictions on Seward St. from a permanent ban to a declared ban.

MASSACHUSETTS ELECTRIC CO. d/b/a NATIONAL GRID for conduit location : GRAFTON AND RUGBY STS.

CHARTER COMMUNICATIONS for two pole locations: WEST BOYLSTON DR.

Leonard Zalauskas request to speak at the April 26, 2011 City Council meeting in regards to Health Insurance for the City of Worcester.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City's Health Insurance Plans.

Recommend City Council's Approval to Transfer Janice Nadeau Way from the Office of Economic Development to the Department of Public Works and Parks for Street Purposes.

Transmitting Informational Communication Relative to the Fiscal Year 2012 Community Development Block Grant and HOME Affordable Housing Funding Allocations.

Recommend Adoption of a Resolution to File and Accept Grant Funding from the Commonwealth's Department of Housing and Community Development through the Federal Neighborhood Stabilization Program--NSP 3.

Transmitting Informational Communication Relative to Sign Allowances for Home Occupations.

Transmitting Informational Communication Relative to a Report on Plans for the Upcoming Chemical Treatments against the Asian Longhorned Beetle.

Recommend Adoption of a Resolution to Accept a District Incentive Planning Grant in the Amount of Fifteen Thousand Dollars and No Cents ($15,000) from the Massachusetts Department of Public Health for the Planning Phase of the Central Massachusetts Regional Health District.

Transmitting Informational Communication Relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits.

Transmitting Informational Communication Relative to a List of Massachusetts Communities that Employ the Small Business Tax Exemptions.

Recommend that One Million Dollars And No Cents ($1,000,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #91C7411B, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext Pavement), to allow for the payment of current and future obligations.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7131B, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and future obligations.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #91C7411F, Street Construction, and be appropriated to Account #41C7440, Providence/Winthrop/Heywood Streets to allow for the payment of current and future engineering service obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7141A, Water Pumping Rehabilitation, and be appropriated to DPW Account #4C726, Water Pumping Stations, to allow for the payment of current and future obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C732, Water Building Rehabilitation, and be appropriated to Water Account #45C704, Water Building Rehabilitation, to provide funding for pending invoices and anticipated obligations for the rehabilitation of the Water Enterprise buildings.

Recommend that Three Thousand Two Hundred Seventy Eight Dollars And No Cents ($3,278.00) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7411D, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction, to provide funds for the payment of current and future expenditures.

Transmitting Informational Communication Relative to the Second Annual Stand Against Racism Event.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Fiscal Year 2012 Budget.

Transmitting Auditor's Report for March 2011.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the Commissioner of the Department of Public Works to communicate to the City Council the number of funded, unfilled positions in his department during Fiscal Year 2011 and the status of those same positions in the proposed Fiscal Year 2012 budget.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the City Manager post to the city's web site the various "As I See It" articles written by the Commissioner of the Department of Public Works & Parks, and further, to request the mailing addresses of appropriate federal regulators be posted alongside these articles so that Worcester residents/rate payers may write in support of the Commissioner's positions.

FROM THE COMMITTEE ON PUBLIC WORKS - Request sewers be installed in Vivian Street.

FROM THE COMMITTEE ON PUBLIC WORKS - Request sewers be installed in Pine View Ave., from Carleton St. to Vivian St.

FROM THE COMMITTEE ON PUBLIC WORKS - Request sewers be installed in Carleton St.

Request City Manager recommend to City Council a funding source for the installation of traffic signals that have been approved for more than ten years for making safer for pedestrian crossings in the intersection of May and Woodland Streets. (Haller, O'Brien)

Request City Manager request the Commissioner of Public Works & Parks consider placing an emergency patch in the travelled way at the intersection of Albany St. and Muskeego St. (Palmieri)

That the ban on the sale of tobacco products be implemented three months from the date of the final Council vote in order for those businesses and entities affected to be able to sell off their current tobacco inventories so as to resolve the negative economic impact of having had to prepay the state sales tax when purchasing those tobacco products and being unable to recoup their costs prior to the tobacco ordinances effective date which would be the date of the Council vote. (Lukes)

Request City Manager request the City Solicitor report to the City Council concerning options that the city has available to implement a residency ordinance for new City of Worcester and Worcester Public School hires. (O'Brien, Haller, Smith, Toomey, Petty, Rushton, Palmieri, Eddy)

Request City Manager research what programs and incentives other cities are using to encourage their municipal employees to live and purchase their primary residence in the communities in which they work. (O'Brien, Haller, Smith, Toomey, Petty, Rushton, Palmieri, Eddy)

Request City Manager report to City Council concerning the number of municipal employees by bargaining unit whose legal residence is in the City of Worcester and also a list of the communities of residence of all employees. (O'Brien, Haller, Smith, Toomey, Petty, Rushton, Palmieri, Eddy)

Request the City Manager update City Council concerning the process whereby the Commonwealth School Building Assistance Council prioritizes funding for school building requests with particular insight into knowing how funding requests for work at both Doherty Memorial and Burncoat High Schools might be received. (Petty, O'Brien, Rushton, Smith)

Request City Manager report on the number and locations of real estate owned by
Worcester Community Development Corporations and the number and locations of units and buildings rehabilitated and/or constructed by them in the past five (5) years. (Lukes)

STREET BETTERMENT ASSESSMENT: ERIE AVE.

STREET BETTERMENT ASSESSMENTS: HAZEL ST.

#9a CC June 22, 2010
Communication of the City Auditor transmitting Auditor's Report for May 2010.

#4a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for July 2010.

#4b CC September 21, 2010
Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010.

#13a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for August 2010.

#11a CC October 12, 2010
Communication of the City Auditor transmitting Auditor's Report for September 2010.

#9.31A CM October 19, 2010
Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, As of August 31, 2010.

#13a CC November 23, 2010
Communication of the City Manager transmitting communication relative to a detailed update relative to Financial Forecasts for next Fiscal Year (FY2012) and projections through 2017, per the Five Point Financial Plan.

#9a CC November 23, 2010
Communication of the City Auditor transmitting communication regarding a letter from the Department of Revenue certifying that "Free Cash" for fiscal 2011.

#9b CC November 23, 2010
Communication of the City Auditor transmitting Auditor's Report for October 2010.

#10a CC December 21, 2010
Communication of the City Auditor transmitting Auditor's Report for November 2010.

#10b CC December 21, 2010
Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the Fiscal year ended June 30, 2010.

#10c CC December 21, 2010
Communication of the City Auditor transmitting the audited financial statements of the DCU Center, Arena Component and Convention Center Component, for the fiscal year ended June 30, 2010.

#17k CC January 4, 2011
Order of Councilor Konstantina B. Lukes -That the City Council hereby requests the City Manager consider eliminating the $40K for traveling from the future budget.

#8.33A CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to the City's Comprehensive Annual Financial Report.

#8.39B CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to Employee Health Care Costs.

#8.39D CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to Governor Deval Patrick's Fiscal Year 2012 Budget of January 21, 2011.

#9a CC January 25, 2011
Communication of the City Auditor transmitting Auditor's Report for December 2010.

#9.31A CM February 1, 2011
Communication of the City Manager transmitting informational communication relative to the Governor's Proposed Budget Recommendation for Fiscal Year 2012.

#9.31C CM February 1, 2011
Communication of the City Manager transmitting informational communication relative to the City's 2nd Quarter Fiscal Update.

#9b CC February 8, 2011
Communication of the City Auditor transmitting Auditor's Report for January 2011.

#8.39B CM March 1, 2011
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2012 Budget Process.

#8a CC March 8, 2011
Communication of the City Auditor transmitting the management letter done in conjunction with the City's audit for fiscal year ended June 30, 2010 by the City's auditors Sullivan, Rogers & Company, LLC.

#8.20A CM March 15, 2011
Communication of the City Manager transmitting informational communication on a Legal Opinion Relative to Grant Administration Fees.

#8.31A CM March 15, 2011
Communication of the City Manager transmitting informational communication relative to the City's FY2011 Revenue Report for January and February 2011.

#9a CC March 22, 2011
Communication of the City Auditor transmitting Auditor's Report for February 2011.

Kyle Fair, TEC Associates, transmitting communication relative to Railroad Vegetation Management Plan.

REPORT OF THE PLANNING BOARD Upon the Petition of Anne O'Connor, Chair of the Worcester Planning Board requesting amendments to the Zoning Ordinance Article VI-Floodplain Overlay District.

REPORT OF THE PLANNING BOARD Upon the Petition of John Dower request the developer's portion of Heath St., from Malvern Rd. a distance of approximately 510 feet be converted to a public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Spyridon Frangos request the City abandon and remove from the Official Map approximately 35' of the public portion of Taylor St. from the I-290 wall westerly.

REPORT OF THE PLANNING BOARD Upon the Petition of Donald J. O'Neil on behalf of Rodney Perro request to amend the Zoning Map by changing the zoning classification three parcels of land located at 395, 405, and 413 Grafton St. and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of CSX Transportation, Inc. request to remove Barbara Lane from the Official City Map.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Fiscal Year 2012 Water and Sewer Rates: recommend passage of the accompanying proposed ordinance.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon Petition of Mohamed Zawahreh et al request construction of sewers for 2, 8 and 9 Winnipeg St. and 1117 Millbury St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager relative to a discontinuance of a portion of highway laid out by Mass Highway on behalf of the City (Parcel C-5 abutting Rte. 146 and Tobias Boland Way): recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Brian LaForte request to change street name for Dixon Ave. (01603) as this street is often confused with Dixon Ave off Lincoln St. (01605): recommend adoption of the accompanying Order to change the street name from Dixon Avenue (01603) to Dixon Avenue South.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager request authorization to accept a deed of easement for street purposes from CSX Transportation, Inc., in and over a certain parcel of land extending northerly from Grafton St., as shown on Exhibit C and layout and decree the parcel a public way: recommend adoption of the accompanying two (2) Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land extending northerly from Grafton St.; and authorize CSX at its sole expense to design and construct a new way extending northerly from Grafton St. and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out said new street.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to accept a deed of easement for street purposes from CSX Transportation Inc, or its nominee over a parcel of land at the terminus of Foch Ave, and layout and decree the parcel public, as part of the Foch Ave. public street layout: recommend adoption of the accompanying Two (2)Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land at the terminus of Foch Ave.; and authorize CSX at its sole expense to design and construct Foch Ave. from Franklin St. to CSX's property and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out Foch Ave. as extended.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager recommending City Council Approval for Certain Actions (Petitions E, G and H) Relative to CSX Corporation: recommend passage of the accompanying proposed Ordinance to make one way a portion of Coral St. and recommend approval of Petitions E and G. (see item #16e and 16f)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Robert Clark, Wildwood Development, LLC, request to make public Rodi Circle: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Louis Delolio & Marek Basta request Pineland Ave., from Hara St. to Pinecrest Dr., be make public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Councilor Frederick C. Rushton on behalf of Neil Davis request to make public Stark Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to layout and decree public the existing Foch Ave: recommend approval of Report and Communication (see item #16f).

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Commuication of the City Manager transmitting communication relative to the Petitions and Zone Changes and the Environmental Notification Form for the CSX Worcester Intermodal Facility Improvement Project: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to an Update on the CSX Project: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to CSX Corporation and the Environmental Impact Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting additional communication relative to CSX Corporation: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative proposals for development at the Greenwood Street Landfill: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the Month of September 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for October 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the Month of November 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to Keep Worcester Clean (KWC) Activity Report for the Month of December 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Ronald P. D'Eramo request to make public Vivian St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ronald D'Eramo request to make public Pine View Ave, from Carleton St. to Vivian St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Ronald D'Eramo request to make public Carleton St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Kimberly Abraham request private street conversion of Swan Ave., from Mill St. to Outlook Dr. : recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Audrey Hunter and Shawn Tivnan request to make public private portion of Acushnet Ave: recommend Petition be denied.

Amending Article IV of the Worcester Zoning Ordinance adopted April 2, 1991 by deleting the existing Section 6 relative to Signs in it entirety and inserting a new Section 6 relative to Signs.

Amending Worcester Zoning Ordinance adopted April 2, 1991 Section 1 of Article III establishing sign overlay districts by inserting following designations: Downtown/Blackstone Canal Sign Overlay District; Blackstone River Parkway Sign Overlay District; Union Station View Corridor Sign Overlay District.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

PETITION of NATIONAL GRID for conduit location on: HARLEM ST. and WARD ST. (Tabled - Haller March 22, 2011)

Motion Rushton @ #12a CC - Request City Manager consider implementing a capital improvement plan to tackle the traffic signal improvement list.

Motion Petty @ #12a CC - Request City Manager provide City Council with a complete list and estimated costs for installation of all approved traffic signals.

Motion Toomey @ #12a CC - Request City Manager request the School Administration to provide a copy of their existing safety plan for Woodland Academy.

Motion Haller @ #9.30A CM - Request City Manager comment on any impacts that the Administration can identify, if the city should move to the full maximum benefit allowed to elder real estate exemption limits and include any reasons for not choosing the maximum limit and moving to a lesser limit.

Motion Lukes @ #9.30A CM - Request City Manager provide City Council with a definition of an elder exemption and then explain the budgetary implications that could ensue from choosing to increase this exemption.

Motion Petty @ #9.30A CM - Request City Manager provide City Council with the costs associated, with different scenarios, for increasing the elder exemption.

Motion O'Brien @ #9.30A CM - Request City Manager report whether or not this increase to elder exemptions can be implemented for this years tax bills.

Motion Lukes @ #9.30B CM - Request City Manager provide City Council with the definition of a small business tax exemption and report what will be the impact to the tax rate; the legal authority to effectuate a change in the tax rate by voting this exemption and obtain any regulations from the DOR on this topic.

Motion Councilors Lukes, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith and Toomey and Mayor O'Brien @ #9.39A CM - Request City Manager organize immediately a response to the recent incidents of racism in the city demonstrating that this city will not tolerate this type of behavior.

Motion Palmieri - Suspension of Rules - Request City Manager coordinate with the Canal Zone Businesses to improve upkeep to the municipal parking lots under I-290 across from the Osgood Bradley building.

PETITION - Councilor Barbara G. Haller request emergency sidewalk repair in front of 16 Stoneland Rd.

Motion Haller - Suspension of Rules - Request City Manager request CSX Management see if the practice of CSX trains blowing the train horns could be stopped during the hours between midnight and 5 am in the vicinity of Gates and Illinois Streets.

Motion Smith - Suspension of Rules - Request City Manager provide City Council with a report concerning the upkeep of fire hydrants around the city for their operability, include the number of fire hydrants and their locations, how many are in working order, and maintenance schedule.

Motion Rushton - Suspension of Rules - Request City Manager investigate safety situation on Meadow Lane.

PETITION - Mayor Joseph C. O'Brien request to install parking meters in the west side of Main Street from 484 to corner of Chatham Street.