CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 14, 2011

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:35 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 May 31, 2011.

Hearing - NSTAR for a gas main location: INSTITUTE RD.

Granting permission to NSTAR for a gas main location: INSTITUTE RD.

Hearing - MASSACHUSETTS ELECTRIC COMPANY dba NATIONAL GRID & VERIZON NEW ENGLAND for a joint pole location: GUILFORD ST.

Granting permission to MASSACHUSETTS ELECTRIC COMPANY dba NATIONAL GRID & VERIZON NEW ENGLAND for a joint pole location: GUILFORD ST.

Donald O'Neil, Attorney for Rodney Perro, request to amend the zoning map by changing the zoning classification of four parcels of land located at 395, 405, 413 and 415 Grafton St. and portions of the land located at 375 and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0; by extending the BL-1.0 Zone at the intersection of Grafton St. and Hamilton St. southeasterly along the easterly side of Grafton St.

Donald Carbonneau request abatement of street assessment #24872 in the amount of $6,927.93 for Cliveden St.

Francis & Sandra McElroy request bus stop location at 48 Dorchester St. be relocated.

Francis & Sandra McElroy request to install a handicap parking signs in front of 48 Dorchester St.

Kevin Ksen et al request a list of permitable fields for soccer and resources invested in these fields for the past 5 years for consideration and review by the Standing Committee on Youth, Parks and Recreation.

Transmitting Auditor's Report for May 2011.

FROM THE COMMITTEE ON FINANCE - Request the Police Chief report to City Council the results of the Summer Impact Program for the month of June and suggestions for stretching July's funding for the remainder of the summer. (Petty)

FROM THE COMMITTEE ON FINANCE - Request City Manager consider funding the mobile library for next year, possibly with corporate funding. (Lukes)

Request City Manager identify vacant lots to be turned into tree nurseries. Further, request that he, in collaboration with the Regional Environmental Council, Park Spirit of Worcester and TREE WORCESTER, find means to purchase appropriate nurslings for the future treeing of Worcester. Further still, request the establishment of volunteer groups to care for said nurseries in collaboration with the Worcester Public Works and Parks Department. (Toomey)

Request City Manager provide City Council with a report concerning the present practices regarding street name sign design and street sign pole heights. (Haller)

Request City Manager provide City Council with a report concerning present Police Department policy regarding how paid detail assignments are made, including allowing high ranking officials to serve. (Haller, Lukes)

Request City Manager provide City Council with any policies regarding Worcester police officers’ ownership in local alcohol licensed businesses. (Haller)

Request City Manager provide City Council with a report concerning the City's work on persistent problem properties. Further, request the report to include a list of the addresses and owners of the city's top 10 such properties. (Haller)

Request City Manager provide City Council with language for an ordinance that would allow for the keeping of chicken hens, similar to the attached drafted ordinance. (Haller, O'Brien)

Request City Manager report to City Council concerning the recent uptick in the number of pedestrian fatalities in the city. (Toomey)

Request City Manager request Police Chief to periodically install surveillance for compliance with the traffic signal in Madison Street at the entrance to the Wyman-Gordon property adjacent to the railroad bridge in the interest of driver and pedestrian safety. (Petty)

Request City Manager permanently track the power outages in the city by their location, number of customers affected, longevity of outage and reasons why the outage occurred. Further that this tracking be periodically provided to City Council for referral to the Standing Committee on Public Service & Transportation. (Petty)

Request City Manager provide City Council with details concerning the Center for Therapeutic Innovation-Boston/Pfizer and its potential impacts to the Worcester economy. Further, request the City Manager work with community stakeholders to establish a blueprint for attracting and retaining research-related personnel and companies in Worcester. (Rushton)

Request City Council ordain the enclosed proposed amendment to Chapter 12 , Section 23 (a) of the Revised Ordinances of 2008 relative to Sidewalk Snow Removal. (Eddy, Rushton, Petty, Smith, Germain, Lukes, Haller, O'Brien, Toomey)

Request City Manager consider instituting a moratorium issuing permits for play on the baseball field adjacent to Ames Street at Vernon Hill Park until issues of stray balls that are regularly hitting homes and autos of residents on Ames Street are resolved. (Clancy)

Request City Manager post all current employee contracts on the City's website. (Lukes)

Request City Manager report on the feasibility of implementing a pilot program similar to the program started in Boston whereby fingerprints of arrested criminal suspects are checked out against federal immigration data bases. (Lukes)

Request City Manager report on whether fingerprints of those arrested for a crime committed in Worcester are sent to the FBI for criminal background checks. (Lukes)

Request City Manager report to City Council concerning progress with open space acquisition at Dodge Park. (Palmieri)

DECREE TO MAKE PUBLIC: CARTER ROAD

DECREE TO MAKE PUBLIC: RODI CIRCLE

That the City Council of the City of Worcester hereby recognizes the WPI thirteen-member Team Onyx who recently won First Place for the second time in the Revolutionary Aerospace Systems Concept Academic Linkage Explorations Robo-Ops Competition held at NASA’s Johnson Space Center in Houston, TX. (Toomey)

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager recommending adoption of amendments to the FY'12 Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, As of August 31, 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to Universal Changes to the Municipal Rating Scales by the Major Bond Rating Agencies: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the 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: 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 Comprehensive Annual Financial 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 Employee Health Care Costs: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to Governor Deval Patrick's Fiscal Year 2012 Budget of January 21, 2011: 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 Governor's Proposed Budget Recommendation for Fiscal Year 2012: 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 2nd Quarter Fiscal Update: 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 2012 Budget Process: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication on a Legal Opinion Relative to Grant Administration Fees: 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 FY2011 Revenue Report for January and February 2011: 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 2012 Budget Impact Statement: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to Teamsters Union Local 170 - Department of Public Works and Parks - Clerical: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to Adjustments to Departmental Fees and Charges: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for May 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for July 2010: 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 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for September 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting communication regarding a letter from the Department of Revenue certifying that "Free Cash" for fiscal 2011: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for October 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for November 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the Fiscal year ended June 30, 2010: recommend Communication be placed on File

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

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for December 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for January 2011: recommend Communication be placed on file.

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

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for February 2011: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for March 2011: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting Auditor's Report for April 2011: recommend Communication be placed on file.

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

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of Patrick Cogley, Regional Inspector General for Audit Services at the Department of Health & Human Services, transmitting communication concerning the audit report for the city of Worcester for the period July 1, 2009 through June 30, 2010: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jean Brouet request abatement of street betterment assessment #24917 in the amount of $14,320.20 for Benson Ave. issued in the names of Juan & Dalila Vera: recommend adoption of the accompanying order to abate to the new assessment amount of $13,813.38.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tyra Walker request to install handicap parking space in front 12 Hillside St.: recommend passage of the accompanying proposed Ordinance to install in front of #11 Hillside St. to avoid conflict with Winter Parking Ban

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Liz Rodriguez requests to install a handicap parking space in front of 29 Hollis St.: recommend passage of the accompanying proposed Ordinance to install at a point 20' from the corner of the intersection

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Aurelia Morales request to install handicap parking space in front of 79 Fox St.: recommend passage of the accompanying proposed Ordinance to install in front of #83 Fox St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Walter Matos, Jr. request to install handicap parking space in front of 16 New Vista Lane.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sandra Brouillard request to install handicap parking space in front of 5 Plantation St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rocco Morano request to remove two handicap signs in front of 19 Ingleside Ave.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Beverly A. Bennett request to install handicap parking space in front of 64 Dover St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jennifer McGinty request to install a handicap parking space in front of 11 Richards St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Julio Ortiz request handicap parking space be installed in front of 19 Garland St.: recommend passage of the accompanying proposed Ordinance to rescind existing "No Parking Anytime" from the west side of Garland St. from Lakeside Ave. northerly for a distance of 136 feet.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Scott Lemon, Oliver M. Dean Inc., request two (2) additional "No Parking between signs" in front of the parking lot entrance at 125 Brooks St.: recommend passage of the accompanying proposed Ordinance to install "No Parking" Monday thru Friday 8am to 5pm.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Vasken Chagaian and Trish Robbins request to install "No Parking" signs in the space between the two driveways of 218 & 222 Chandler St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Amjad Bahnass, M.D., request to install two hour parking Monday through Saturday between the hours of 8am and 5pm in front of 198-202 Russell St.: recommend passage of the accompanying proposed Ordinance to amend existing ordinance for 1 hour parking 8am-5pm to 2 hour parking 8am-5pm

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith request limited parking be created along the north side of Front St. between Commercial St. and Franklin St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Vincent & Donna Oliveri request the winter parking ban on Birch Hill Rd., from Claridge Rd. to the dead end, be changed to allow parking on the odd numbered side: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara Haller request installation of resident sticker parking in the odd side only of Canton St. from #9 to #35: recommend passage of the accompanying proposed Ordinance

Amending Article VI of the Worcester Zoning Ordinance adopted April 2, 1991 relative to the Floodplain Overlay district..

Amending Section 2 of Article III of the Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Foch Ave and Franklin St. area.

Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Atlanta St. Area

Amending Section 2 of Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the 130 Goddard Memorial Drive Area.

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)

Motion Eddy @ #11f CC - Request City Manager request WPD Animal Control and any other appropriate city departments to provide input concerning the request for an ordinance that would allow for the keeping of chickens.

Motion Lukes @ #11f CC - Request City Manager review permit process and fees for keeping exotic animals in the city as it relates to any potential permitting for keeping chickens.

COMMUNICATION - Michael V. O'Brien, City Manager transmitting information communication relative to the Triage and Assessment Center on Jacques Avenue.

Motion Rushton @ #19c CC - Request City Manager provide City Council with the Triage and Assessment Center numbers every three months.

Motion O'Brien @ #19c CC - Request City Manager forward an e-version of the UMass report in collaboration with Clark University concerning homelessness among 17-24 year olds for the Standing Committees consideration.

Motion Rushton @ #19c CC - Request City Manager obtain a census of chronic panhandlers across the city and determine if the Triage and Assessment Center or the Veterans Shelter has available assistance to end their homelessness.

Motion Lukes @ #11i CC - Request City Manager obtain reports concerning power outages in Worcester available from the State Department of Public Utilities.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with reports concerning traffic and safety issues in the Heard Street area as a result of the closing of the James Street bridge. Further, request this report within two weeks.

Motion Eddy - Suspension of Rules - Request City Manager review the existing ordinances concerning noise from construction as well as Planning Board rules and regulations and create restrictions on private developers to avoid undermining the quality of life for the surrounding neighbors.

PETITION - Councilor Joffrey A. Smith request sidewalk repair in front of 23 Otsego Rd.

Councilor Clancy - Suspension of Rules - Request City Manager provide City Council with a previously requested report concerning how many miles of sidewalks would be exempted from snow removal by the owner or occupant as proposed, where are the sidewalks located, who will be responsible for clearing these sidewalks and the cost for clearing the snow.

Motion Haller - Suspension of Rules - Request City Manager report on options available and process required for providing the City of Worcester with the option of extending the mandatory retirement age for the Worcester Police Chief from 65 to 68 years of age.

Motion Lukes - Suspension of Rules - Request City Manager report how often paid detail assignments can not be filled and what happens to an assigned detail request detail if no personnel are available.