CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 29, 2008

Council Chamber

Convened: 7:10 P.M.

Adjourned: 9:54 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: KENNEBEC ST.

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: KENNEBEC ST.

#8.30A CM July 17, 2007
Communication of the City Manager transmitting the City's Five Year Capital Improvement Program.

#10.37C CM August 14, 2007
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2008 Budget.

#8.6A CM August 28, 2007
Communication of the City Manager transmitting informational communication regarding the adoption and implementation of Chapter 32B, Section 18.

#8.28A CM August 28, 2007
Communication of the City Manager transmitting informational communication relative to a legal opinion as to the City Council's legal jurisdiction and powers regarding the City budget for FY 2008 which has been previously voted by City Council.

#5b CC September 25, 2007
Communication of the City Manager transmitting informational communication regarding a Financial Update of the Fiscal Year 2008 Budget.

#8.30A CM December 3, 2007
Communication of the City Manager transmitting informational communication regarding an update on the City's Five Year Plan and Quarterly Report.

#9a CC December 18, 2007 Communication of the City Auditor transmitting communication relative to the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2007.

#16a CC January 8, 2008 Communication of the City Auditor transmitting communication relative to the November 2007 Auditor's Report.

#13a CC January 29, 2008
Communication of the City Manager transmitting informational communication regarding the Five Point January 2008 Financial Plan Update.

#13b CC January 29, 2008 Communication of the City Auditor transmitting communication relative to a financial analysis of the City's General Fund and Enterprise Funds.

#10.30A CM February 12, 2008
Communication of the City Manager transmitting Informational Communication Regarding the Commonwealth's Proposed Fiscal Year 09 Spending Plan.

#13a CC February 12, 2008
Communication of the City Auditor transmitting communication relative to the December 2007 Auditor's Report.

#10.30A CM February 26, 2008
Communication of the City Manager transmitting informational communication relative to the Mid-Year Review of Fiscal Year 2008 Health Insurance Reforms enacted for the City and School Department.

#10.31A CM February 26, 2008
Communication of the City Manager transmitting informational communication relative to the Analysis of Outsourcing Certain City Trade Labor Services.

#12b CC February 26, 2008
Order of Councilor Paul P. Clancy, Jr. and Mayor Konstantina B. Lukes - Request City Council's Standing Committee on Finance meet with a representative from Sullivan & Rogers, LLC for an exit interview on latest audits.

#13a CC February 26, 2008
Communication of City Auditor transmitting communication relative to January 2008 Auditor's Report.

#10.30B CM February 26, 2008
Communication of the City Manager transmitting informational communication relative to Historic Trends in State and Federal Funding.

#10b CC March 18, 2008
Communication of the City Auditor transmitting communication relative to the February 2008 Auditor's Report.

#5a CC March 25, 2008
Communication of the City Auditor transmitting communication relative to a financial analysis of the City's General Fund and Enterprise Funds.

#7.38A CM April 1, 2008
Communication of the City Manager transmitting Communication Relative to a Cost Comparison of the Expenditures of the Election Commission Prior to and Since its Merger with the City Clerk's Department.

#9a CC April 15, 2008
Communication of the City Auditor transmitting the March 2008 Auditor's Report.

Mayor Lukes read a Proclamation declaring May 2008 as Community Action Month - Councilor Rushton presented the proclamation to School Committee Member John Foley, Chair person of the Community Action Council, who addressed the Council.

Gordon Davis on behalf of Worcester PeaceWorks request to seek payment in lieu of taxes from all Military Establishments including bases and recruiting offices through the Payment in Lieu of Taxes Program.

Joan Faneuf & Philomena Powers request sidewalk repair from #121 to #125 Perry Ave.

James Lennon request to resurface Havelock Rd.

Councilor Kathleen M. Toomey on behalf of Jim and Rosemary Marshall request that the broken wooden guardrail in the west side of Haviland St. near the intersection with Institute Rd. be replaced as soon as possible.

Councilor William J. Eddy on behalf of Marianne Bergenholtz request to construct sidewalks in the west side of Flagg St. from Chiltern Ave. to Aylesbury Rd. to provide safety to children walking to and from Flagg St. School.

Lynda Skerry request to change the winter parking ban on Brandon Rd., from Fairhaven Rd. to Quinapoxet Lane, from the odd number to the even number side of the street.

Jose Torres request handicap parking sign in front of 67 Oread St.

Councilor Gary Rosen and Councilor William J. Eddy request the 20 MPH signs that were removed from Mill St. in the vicinity of the Mill Swan School be reinstalled out of concern for public safety.

Anne Sak request the area from the corner of Strathmore Rd. to 24 Cargill St. be designated for handicap parking.

Councilor Philip P. Palmieri request the abandoned panel truck in Holland Rink be removed in the interest of public safety and request to paint the fence around the basketball court.

Nancy Pare request to address the City Council on the subject of the budget at the April 29, 2008 City Council meeting.

Susan Moynagh request City Council review the possible closing of the Providence St. Fire Station, it would not be in the best interest of the public to close this station. Further, request to address City Council concerning this issue.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the WRTA provide City Council with solutions to the safety concerns of transit riders in the vicinity of Notre Dame du Lac on Plantation Street.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the WRTA provide City Council with the list of the six holidays on which there is proposed to be no transit service and to compare in contrast the costs of service on those days with regular weekday service.

Request City Manager report to City Council regarding the status of the planned redevelopment of the property formerly owned by the Knights of Columbus in Columbus Park. (Germain, Petty)

Request City Manager consider the feasibility of developing and implementing a city shade tree planting program similar in structure to that proposed recently with reference to the repaving of sidewalks. (Germain)

Request the City Council's Standing Committee on Public Health & Human Services review the challenges faced by the city's tobacco control unit, inspection and enforcement programs, including the education and compliance components which the city conducts by law and by state grant in Worcester and in 21 additional cities and towns. (Rosen, Haller)

Request the City Council's Standing Committee on Public Health & Human Services review the initiative petition presently before the Massachusetts legislature that seeks to decriminalize the possession of small amounts of marijuana. If the legislature does not pass the measure by May 7, 2008, it must appear on the ballot in November 2008.(Rosen)

Request City Manager provide City Council with the number of citations issued during the 2007-2008 winter for un-shoveled sidewalks and whether that same program will be in place for the 2008-2009 winter. (Lukes)

Request City Manager report to City Council concerning the efforts that will be made to encourage building owners and their commercial tenants on Main St. between City Hall and the Hanover Theatre for the Performing Arts to improve their building facades and to open businesses that will better serve the large theater crowds coming from Worcester and the surrounding communities. (Rosen, Germain)

Request City Manager report to City Council concerning the steps that can be taken to revive the downtown business and neighborhood association whose meetings were held during 2006 and 2007 at the Massachusetts College of Pharmacy and Health Sciences. (Rosen)

Request the City Council's Standing Committee on Public Health and Human Services survey and discuss what is being done to provide services to our veterans who are and will be returning to Worcester from the wars in Iraq and Afghanistan. (Rosen)

Request City Manager work with our state delegation to explore the feasibility of creating and opening a UMass School of Law in Worcester at Lincoln Square in the former court facility and in the Worcester Memorial Auditorium and any additional parcels that might be necessary to bring this project to reality. (Smith, Toomey, Clancy, Germain)

Request the City Council's Standing Committee on Public Health and Human Services discuss the civil defense plan, including the biological contamination research and response center that Dr. Robert J. Tashjian and others propose to build on his 200-acre Malden Brook Farm off Prospect St., West Boylston. (Rosen)

Request City Manager study options at Bennett Field in coordination with the DCM improvements to the Bennett Field Pool. (Eddy, Petty, Germain)

Request the City Council's Standing Committee on Public Health and Human Services Committee review Senate Bill 2518 "An Act Relative to Children's Mental Health". This omnibus bill would reform the children’s mental health system in Massachusetts. This legislation will identify mental illness in children earlier by reaching them in familiar and easily accessible settings, especially schools, early education programs, and pediatricians' offices; ensure that when identified, the illness is treated in the least restrictive, appropriate setting; improve insurance coverage for children with mental health needs; and restructure the oversight, evaluation and provision children's mental health services administered by the State. (Rosen)

Request City Manager report to City Council regarding the status of an RFP process or any process for the transfer or future use of the former Court House. (Lukes)

DECREE MAKE PUBLIC - EASTVIEW DRIVE

DECREE MAKE PUBLIC - FOURTH STREET

DECREE MAKE PUBLIC - JEREMIAH'S LANE

James A. DelSignore, City Auditor, transmitting communication relative to information on the administrative fees paid from City's Health Insurance Trust Fund that was started in fiscal 2004.

Michael V. O'Brien, City Manager, transmitting communication regarding Airport Grant obligations.

That the City Council of the City of Worcester hereby establishes the Worcester Eruv District.(Lukes)

That the City Council of the City of Worcester hereby recognizes and thanks Gerry Bergeron and the employees of GM Bergeron Inc for the generous construction of dugouts at the ball fields on Ararat Street in the Indian Hill neighborhood. (Smith)

That the City Council of the City of Worcester hereby recognizes May 7, 2008 as SCHOOL NURSE DAY in the Commonwealth of Massachusetts, and encourages all Worcester residents to take special note of their contributions to all of our residents. (Rosen)

That the City Council of the City of Worcester hereby recognizes and supports the great work of the Massachusetts Adoption Resource Exchange, Inc. in it’s great mission of placing children in permanent adoptive homes and for educating the public of the needs of all children to find “a place to call HOME”. (Toomey)

REPORT OF THE PLANNING BOARD Upon the Petition of Joseph Minkos et al request to make public Arrowsic St.

REPORT OF THE PLANNING BOARD Upon the Petition of David Seibold request private street conversion of private portion of Carter Rd.

REPORT OF THE PLANNING BOARD Upon the Petition of Hoang Do & Anna Hinh request to convert Laureldale St. from private to public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Robert Dupre of W.B. Realty, LLC request the acceptance of Marissa Circle as a public way.

REPORT OF THE PLANNING BOARD Upon the Petition of Nancy Tibbetts et al request to make public Onset St.

REPORT OF THE PLANNING BOARD Upon the Petition of Sylvia Cousins request to make public Sherer Trail.

REPORT OF THE PLANNING BOARD Upon the Petition of James Venincasa request to accept as a public street developer's portion of Winifred Ave.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Traffic & Parking request that private portion of Revere St. be made public.

REPORTS OF THE PLANNING BOARD Upon the Petition of Lisa Buteau request to make public Heroult Rd.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Juan Gomez on behalf of Rosa Rosabal request that the private portion of Lakewood St. be converted to a public street.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to a modification to the Proposed Adult Entertainment Zoning Ordinance: recommend passage of the accompanying proposed Ordinance as amended.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting communication recommending City Council review, deliberation and adoption of the attached Zoning Ordinance Amendment relative to the City's Adult Entertainment Zoning Ordinance: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to Worcester Regional Transit Authority Northwest Flex Route Option: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Order of Councilor Gary Rosen - request the Standing Committee on Public Service and Transportation meet with representatives of the Worcester Regional Transit Authority to obtain information concerning the many route changes that have been implemented already this year, and, also concerning those that are anticipated to be implemented in the Fall of 2006: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Chairman's Order from the Committee on Traffic & Parking - Request Public Service and Transportation Committee consider routing the existing bus route on Plantation St. so that it drops off passengers within the Notre Dame du Lac facilities off Plantation St., when requested: recommend Chairman's Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication from Stephen F. O'Neil, Administrator of the Worcester Regional Transit Authority: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication regarding the Worcester Regional Transit Authority Board vote relative to state funding and proposed service reductions: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of Michael V. O'Brien, City Manager, transmitting informational communication regarding the Worcester Regional Transit Authority (WRTA) budget as received from Stephen F. O'Neil, Executive Director of the WRTA: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to the WRTA Fiscal Year 2009 Budget: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Dr. Dawn Clark request the City Council's Standing Committee on Public Service and Transportation meet to recommend to the full City Council a comprehensive response to the Worcester Regional Transit Authority's service changes that may be implemented in calendar 2008: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robin Hornbaker request residential parking on Brooks St. across from 58 Brooks St. in the area next to Joe Schwartz Little League Field: recommend adoption of the accompanying Order.

Amend the Revised Ordinances of 1996 relative to Expedited Permitting for Priority Development Sites.

Amending the Worcester Zoning Ordinance adopted April 2, 1991 relative to Priority Site Development.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking on Fairmont Ave. adjacent to 516 Grafton St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 17 Shamrock St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 117 Eastern Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 34 Florence St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 51 Beaver St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 51 Beaver St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 5 Gilman St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for a standard declared winter ban on the island side of Institute Rd. between 45 to 55 Institute Rd.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking Anytime opposite 86 Austin St. from the bus stop west.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to change Parking Meters time limit on odd side of Harvard St. from a one hour limit to a two hour limit similar to the even side of Harvard St.

Communication of the City Manager recommend City Council Adoption of Two (2) Resolutions to Apply For and Accept Grants from the Federal Aviation Administration (FAA) and the Massachusetts Aeronautics Commission (MAC) for the Construction of an Engineered Material Arresting System (EMAS). (Tabled Under Privilege - Clancy April 15, 2008)

Communication of the City Manager recommend City Council Adoption of Two (2) Resolutions to Apply for and Accept Grants from the Federal Aviation Administration (FAA) and the Massachusetts Aeronautics Commission (MAC) for Runway Reconstruction at Worcester Regional Airport. (Tabled Under Privilege - Clancy April 15, 2008)

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)

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

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)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (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)

Motion Rosen @ #9k CC - Should two members of the Committee on Municipal Operations be recused from discussing items concerning retirees health insurance concerning Medicare Part B and MGL Chapter 32B, Section 19 pending in this City Council's Standing Committee, request the City Council refer these items to the Committee on Public Health & Human Services.

Motion Clancy @ #9l CC - Request the Mayor refer any future communication from the City Manager relative to the status of the Providence St. Fire Station to the City Council's Standing Committee on Public Safety for a hearing and further, request the Committee on Public Safety have this hearing concerning this item at the Senior Center.

Motion Toomey @ #11i CC - Request City Manager inform the Commonwealth of potential facilities available for use by State agencies such as the Department of Education.

Motion Clancy @ #14a-14j CC - Request City Manager provide City Council with a report as to how the city plans to address the backlog of private street conversions.

Motion Haller - Suspension of Rules - Request City Manager report to City Council on crosswalk safety strategies. Further, request report prior to the next committee meeting for Public Safety.

Motion Palmieri - Suspension of Rules - Request City Manager to request the Commissioner of the Department of Public Works and Parks to report to the City Council concerning the practice of street sweeping personnel honking their horns in a neighborhood as a means of notifying residents to remove their parked vehicles from the street to allow sweeping to take place, and, further request that he report concerning the allegations that sweeping does not always occur when the residents clear the street of vehicles in this manner. Further, request that the written policy of posting signs in advance of street sweeping be provided in this report.

Motion Germain - Suspension of Rules - Request the Mayor request the School Committee review the laws and regulations concerning the busing of school children to determine if changes can be made that could result in any cost saving measures.