CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 7, 2009

Esther Howland Chamber

Convened: 4:09 P.M.

Adjourned: 4:41 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Lukes requested a moment of silence in memory of Eugene Gardiner who was the former Personnel Director for the city.

Mayor Lukes read a Proclamation declaring April 6 -12, 2009 as Public Health Week and April 7, 2009 as World Health Day. Councilor Rosen presented the proclamation to Robin Klar, Board member of Massachusetts Public Health Association.

Mayor Lukes read a Proclamation declaring the month of April 2009 as National Donate Life Month. Councilor Rosen presented the proclamation to Jennifer Cray and Corinne Dupuis from the New England Donor Bank.

Sharon Healy request to make public Ronald Dr.

Susan Nest & Jane Dutton request sidewalk repair in front of 40 Summerhill Ave.

Gianni Romeo request abatement of street betterment assessment #24760 in the amount of $12,378.60 on Arctic St.

Charles Cerrone, Jr. request sidewalk repair in front of 50 Mary Ann Dr.

Robert Berry request sidewalk repair in front of 88 Malden St.

Leslie Plante request curb cut for wheelchairs on Main St. in front of Dunkin Donuts.

John Lawler on behalf of residents of West Side Nursing Home request sidewalks around the Nursing Home at 35 Fruit St. be repaired.

Councilor Paul P.Clancy Jr. on behalf of Mary Winski request sidewalk repair on Fifth Ave. on the side of property from driveway to the intersection of Vernon St. and Fifth Ave.

Councilor Paul P. Clancy Jr. on behalf of Diane Skrocki request "No Littering" sign at 24 Cohasset St.

Dung Huynh request sidewalk paving in front of 239 Plantation St.

Virginia Ryan et al request that every person or group who petitions the City Council be allowed to speak on their petition the day it appears on the agenda.

Virginia Ryan et al request City Council adopt a "public access" open forum during the first 30 minutes of any council meeting allowing anyone present to speak first of any item of business regardless of its position on the council agenda.

Virginia Ryan et al request that there will be no restriction on the number of people who wish to speak to a newly introduced petition.

Patty Goclowski request to extend existing handicap parking space in front of 77 Gage St. to driveway of 79 Gage St.

Margaret Moriarty request two handicap parking signs in front of 57 Howland Terrace.

Renee Bailey request stop signs be placed on both corners of Dogwood Rd. and Brookhaven Rd.

Councilor Barbara G. Haller request Haynes St. be coverted to be a two-way street.

MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST.

MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: HILLCROFT AVE.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager develop and provide City Council, for their review, a trial program of an Elder Volunteer Property Tax Work-Off Program offered to a limited number of seniors, work hours and duties and include the logistics as to implementation.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide the City Council with an updated report concerning home foreclosure trends.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager supplement his previous report to the City Council relative to the minority statistics for the city of Worcester with data for the year 2006 through 2008.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager consider designating an interior or exterior location on municipally owned property to display flags of the countries of origin for the many diverse nationalities who call Worcester their new home.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide the City Council with the cost factors in the capital budget for expanding the aquatics master plan from the proposed five years to six, seven, eight, nine and ten years and the impact each plan would have on the number of pools and spray parks.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager begin contacting potential financial partners in an effort to increase the proposed number of swimming pools.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report to City Council revealing the cost factors associated with a regular and routine shuttle service provided to all neighborhoods affected by swimming pool closings.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager initiate a partnership between the City and any and all programs that receive city/state/federal funding and have an affiliation with a swimming pool that could be wed in affected neighborhoods.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report to City Council concerning the feasibility of creating at least one spray park as soon as possible in order to learn actual data of the acceptance, use and cost factors associated with such a facility in Worcester.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report to City Council whether or not a partnership may be formed with the Worcester Housing Authority for efforts concerning the Tacoma Street swimming pool.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to install speeding surveillance in the lower end of Chester Street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks to install pedestrian crossing advisory signs facing traffic in both directions in the vicinity of 67 Millbrook St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks to re-paint the crosswalk at 67 Millbrook St.

Request City Manager report to City Council detailing the past progress, achievements, funding sources, challenges and changes facing the city's Tobacco Control, Inspection and Enforcement Program. (Rosen)

Request City Manager provide City Council with a legal opinion as to whether a construction bid that is not a file sub bid is subject to the lowest bid requirements. (Clancy)

Request City Manager prepare a home rule petition that would allow City of Worcester retirees to form an Association for the purpose of negotiating on health insurance issues. (Palmieri, Petty, Clancy, Germain)

Request City Manager request the Commissioner of Public Works and Parks provide the City Council with a listing of parks-related capital project priorities for the next ten years. (Germain)

Michael V. O'Brien, City Manager, transmitting Fiscal Year 2010 Impact Statements for the Department of Administration and Finance, Worcester Police Department, Worcester Fire Department, and Department of Public Works and Parks.

Michael V. O'Brien, City Manager, transmitting informational communication relative to Unum US signing a Letter of Intent to locate in the CitySquare Redevelopment Project.

Michael V. O'Brien, City Manager, transmitting informational communication regarding an Agreement with the Worcester Clerical Association and Corresponding Amendment to the Fiscal Year 2010 Budget Recommendation.

That City Council of the City of Worcester hereby recognizes Dr. Bart Murphy of West Side Animal Clinic and thanks him for his annual commitment of time and talent to personally staff the City of Worcester sponsored rabies clinic by administering reduced-fee anti-rabies vaccinations to pets. (Toomey)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Petition of Councilor Frederick C. Rushton on behalf of Stephen Kalinowski request erecting a Memorial Square for Private Richard A. Day, U.S. Army, 110th Division, who was born in Worcester on December 6, 1919 and was killed in action on or about November 14, 1944 during a battle in the Herkin Forest in Germany. Request memorial be located in the vicinity of the YMCA where Mr. Day grew up: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting communication relative to City's Neighborhood Stabilization Program (NSP): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the status of the Neighborhood Stabilization Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Liens and Other Activities for Stabilizing Tenancy: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the use of Receivership to Stabilize Tenancy and Preserve Neighborhoods: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager relative to the minority statistics for the City of Worcester: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Clerk transmitting communication identifying membership composition of Boards and Commissions as of January 1st of the last 5 years: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Clerk transmitting communication relative to information from records of Marriage Intentions filed in the City Clerk's Office during calendar 2006 revealing the country of birth of each of the 3,268 applicants: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Lebron request handicap parking be removed from in front of 11 Rodney St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lillian Muniz request a handicap parking space at 30 Cohasset St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Susan Ryan-Smith request handicap parking space in front of 495 Chandler St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Susana Feliz-Rivera request handicap parking at 126 Fairmont Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sheila Bilotta request to install a handicap parking space in front of 20 Dallas St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Raymond V. Mariano, Executive Director of Worcester Housing Authority, request "No Parking Anytime" signs be placed on both sides and the entire length of Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Raymond V. Mariano, Executive Director of Worcester Housing Authority, request Stop signs be installed on each end of Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments: recommend passage of the accompanying proposed two (2) Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Raymond V. Mariano, Executive Director of Worcester Housing Authority, request "Stop" signs be removed on Great Brook Valley Avenue and that portion of the Service Road that has previously been abandoned: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joan Hoogasian request stop sign at the corner of Courtland St. and Deerfield St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of the Montvale Crime Watch Group request to install a stop sign at Whitman Rd. and Monadnock Rd.: recommend passage of the accompanying proposed two (2) Ordinances to install a stop sign in Monadnock Rd. at Whitman Rd. facing northbound traffic on Whitman Rd. and a stop sign in Monadnock Rd. at Whitman Rd. facing westbound traffic on Monadnock Rd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard Pyle and Marla Maykel, Trustees of Exchange Place Trust, request six parking spaces in front of One Exchange Place be designated 15 minutes/"take out" only for restaurant customer parking: recommend passage of the accompanying proposed Ordinance to remove three parking meter spaces at One Exchange Place and convert to three 15 minute parking spaces 8:00 a.m. to 8:00 p.m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Matthew Kacavich request resident sticker parking on Astrid Ave.: recommend passage of the accompanying proposed Ordinance to install on the odd side, from the corner of Upsala St. up to and including the frontage of the property at 3 Astrid Ave.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joseph Cote request year-round parking ban on both sides of Chester St. between Holden and Grove Sts.: recommend passage of the accompanying proposed Ordinance to prohibit parking on the odd side of Chester St. from Holden St. to Grove St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of residents of Dutton St. request to remove Resident Only parking on Dutton St.: recommend passage of the accompanying proposed Ordinance to amend current resident permit parking restriction to midnight to 7:00 a.m. only, 7 days a week.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paul White request residential parking on East Kendall St.: recommend passage of the accompanying proposed Ordinance to install resident permit parking 7:00 p.m. to 7:00 a.m., both sides, 7 days a week.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of John Mullan request enforcement of speed regulations in Heywood St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request installation of directional signs to St. John's Roman Catholic Church facing in both directions in Grafton St. at the corner of Temple St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy and Councilor Frederick C. Rushton request to install a blinking traffic beacon at the intersection of June St. and Mill St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Don Trudell, Deputy Director of OFM for the Commonwealth of Massachusetts Department of Revenue request a pedestrian crossing light be installed at 67 Millbrook St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Raymond V. Mariano, Executive Director of Worcester Housing Authority, request four (4) "Keep Right" signs be installed at the end of each median on Joseph P. Carlson Way, presently known as New Road within the Curtis Apartments: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Donald Nelson et al request crosswalks be placed on Forest St. at the intersections of Otsego Rd., Algonquin Rd., Wheeler Ave., Hancock Hill Dr. and Roseland Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Gary Rosen on behalf of Mark Lapomardo request removal of "No Parking" zone in front of 21 Adams St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Konstantina B. Lukes on behalf of Thuy Tina Thai et al request to limit transport trucks driving on James St. between 8am and 8pm: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Konstantina B. Lukes on behalf of Thuy Tina Thai et al request to limit transport trucks from idling for no more than 15 minutes in James St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Pamela Williams et al request pedestrian crossing lights to cross Park Ave. at the corner of Parker St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request installation of a pedestrian walk signal at the traffic light at Irving St. and Chandler St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dorothy McGlynn request to install Four-Way Stop Signs or traffic lights at the intersection of Mill St. and June St.: recommend Petitioner be given leave to withdraw.

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)

Motion Haller - Suspension of Rules - Request City Council to accept the Report of the City Council Standing Committee on Public Safety relative to filing and accepting the Byrne Grant.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager Request City Council adoption of the attached resolution to file and accept a FY 2010 Federal Byrne Grant Application: recommend adoption of the accompanying resolution.

PETITION - Councilor Joffrey Smith request to resurface an 80 ft section at the rear of 1 Pullman St. and at 40 ft section on the side of 1 Pullman St.

Motion Smith - Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks to restripe the tennis courts at Morgan Park