CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 1, 2007

Council Chamber

Convened: 7:15 P.M.

Adjourned: 8:55 PM

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor Lukes read a proclomation declaring May Children's Mental Health Month. Councilor Toomey presented the proclomation to Jennifer Hill of Worcester.

Saulo Araujo of Worcester requested that a resolution be prepared which proposes that the words"Illegal Immigrant" no longer appears in any city communications and in place thereof, the words "Undocumented Worker" appears.

Frank DiNoia, President & Treasurer of Alco Real Estate Co., Inc., request to amend the current zoning map by extending the BL-1.0 Zoning District, which currently includes a portion of the property at 14 Coburn Ave., to include the entire property at 14 Coburn Ave.

Kenneth Genatossio request the City of Worcester to acquire, improve, layout and decree a public way along and within the bounds of the existing 30 foot wide common driveway that serves certain residential properties along Plantation St. and Wigwam Hill Dr.

William Toombs, Sr. request to repair or replace sidewalks in front of 132 Institute Rd.

Attorney Joe Boynton on behalf of Cardinal's Ridge Realty, LLC request that the City extend the sanitary sewer main from the existing line in Kendig St. 400' more or less in a southerly direction in Attleboro St., subject to a prior agreement and at the expense of the petitioner.

David Seibold et al request private street betterment in Carter Rd.

David Seibold et al request private street maintenance from 71 to 85 Carter Rd.

Cindy Gomes, property manager at Bancroft Commons, request sidewalk repairs at 50 Franklin St.

I.B. Sokari, Chairperson of the John Street Baptist Church Trustee Board, request sidewalk repair in 41-43 John St.

Judith Corsac et al request private street maintenance in Royal Rd. from Edlin St. to Heard St.

John and Jean Agwande request private street maintenance in front of 40 Kenberma Rd.

Mayor Konstantina B. Lukes on behalf of Dr. Anthony Polito request the repair of the city sidewalk in front of 236 Beverly Rd.

Diana Colon request handicap parking space in the Beaver St. side of 974 Main St.

Maureen Borci request to have a "No Parking" sign installed in front of 39 Adams St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager place the Resident Permit Parking Pamphlet on the City's web site and send a copy of this pamphlet to all the Colleges within the City.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to consider widening Grafton St. from Rice Sq. to Billings Sq. to alleviate congestion of traffic in this area.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works & Parks to provide City Council with the list of unfunded Traffic Signal Projects. Further, request that this list include cost, rank in order of importance and types of incidents that prompted the request.

Request City Manager furnish City Council with an inventory of all surplus city and school department-owned real estate and property. (Irish)

Request City Manager report to City Council concerning the possible sale of the Worcester Memorial Auditorium. (Irish)

Request City Manager request the Director of Technical Services and appropriate Department Heads consider posting to the City’s web site certain databases such as Dog Licensing, Food Service Permits and Business Certificates. Said postings would satisfy the public’s need to view health and consumer protection public information and add to the transparency of our local government. (Toomey, Petty)

Councilor Toomey moved to add: to include licensed hawkers and peddlers who sell food.

Request that, in addition to MassPort, the City Manager immediately seek discussions with investment banks and private equity firms on the possible sale of the Worcester Regional Airport. (Irish, Perotto, Rushton, Smith) Councilor Irish moved to add: "or lease" after possible sale.

Request City Manager provide City Council with a map depicting the eight police zones and the 58 police statistical areas accompanied by a listed boundary description of each. (Haller)

Request City Manager to amend the process and requirements for a street vendor’s license to: (a) expand the area where Hawkers and Peddlers are not allowed to sell their wares to include areas within 500 feet of a residence, and/or (b) restrict the hours of operation to after 8am and before 7 pm. Any additional condition of being granted a Hawkers and Peddlers license should provide protection to resident quality of life. (Haller)

Request City Manager provide an update on the progress for obtaining 1,250 summer jobs for the City's youth. (Rushton)

Request City Manager consider instituting a summer book program and funding a Bookmobile. (Rushton)

Request City Manager report to City Council the feasibility of combining the Finance/Budget functions of the City of Worcester and the Worcester Public Schools as part of a cost savings plan. (Petty, Rushton)

Request City Manager report to City Council the source of funding for the proposed $180,000 worth of renovations to 25 Meade Street. (Rushton)

Request City Manager work with the Tatnuck Neighborhood Association to conduct an evening meeting at the American Legion Post on Mill Street subsequent to the May 9th Traffic and Parking Committee walking view of Tatnuck Square to provide residents and business owners ample opportunity to voice their concerns about the findings, suggestions, quality and cost of the recent consultant’s report regarding traffic and parking issues in and around Tatnuck Square. (Rosen, Perotto)

Request City Manager consider recommending to City Council an ordinance that would require retail stores that issue their customers any and all types of recyclable containers and packaging, including bags, cups, and non-deposit beverage bottles for personal use, to provide bins for their collection and recycling, and further determine the feasibility of expanding the current curbside recycling program to include these materials prior to implementation of any increase in the cost of trash bags.(Irish, Rosen)

Request City Manager report to City Council regarding the use, frequency, and cost of hiring consultants and similar type firms to produce reports, master plans, and traffic studies, among other projects, instead of using the experience and expertise of employees within our city departments. (Rosen)

Request City Manager report to City Council concerning the current status of the "VIP Lounge" building at 200-202 Chandler Street and the related timeline; direct the Code Division enforce the current signage ordinances on Chandler Street and inspect the residential structure adjacent to Barney's Bicycle Shop for possible health and code violations; enforce the vehicular compliance with pedestrian cross walks ordinances; report concerning the feasibility of removing the parking meters on Chandler street between Main Street and Park Avenue, and lastly, report concerning the status of the parking overlay study for the Chandler Business Association area. (Irish, Haller)

Councilor Irish moved to delete #'s 200-202.

Request City Manager report on all stipends and extras to all city employees by job title, the amount of the stipend and the funding source, under City Council jurisdiction and otherwise. (Lukes)

Request City Manager delay pay raises for all union and non-union city employees from July 1, 2007 to June 30, 2008 and to report on the reduction to the FY 2008 Budget. (Lukes)

TO TAKE LAND FOR SEWER EASEMENTS AND LOCATION: TRAVIS ST. AND DANA AVE.

SEWER BETTERMENT ASSESSMENT: PINE HILL RD.

James A. DelSignore, City Auditor, transmitting communication relative to information that was requested at a previous meeting regarding disability pensions awarded and their average annual cost for the last five years.

James A. DelSignore, City Auditor, transmitting communication relative to the Actuarial Valuation and Review as of January 1, 2007 for the Worcester Retirement System (WRS)

Michael V. O'Brien, City Manager, transmitting communication respectfully requesting City Council's consideration, deliberation and adoption of the attached resolutions to file and accept grants from the Federal Aviation Administration (FAA) and the Massachusetts Aeronautics Commission (MAC) for vegetation removal and the identification of surface penetrations by aerial photography at Worcester Regional Airport.

Michael V. O'Brien, City Manager transmitting communication relative to an evaluation of all licenses, permits and fee structures within city departments and assessment of the actual cost of providing these services.

James A. DelSignore, City Auditor, transmitting communication relative to a financial analysis of the City's General Fund and Enterprise Funds as of March 31, 2007.

Michael V. O’Brien, City Manager, transmitting communication relative to an update on the Skybridge Project

Michael V. O'Brien, City Manager, transmitting information communication relative to results of the Hiring Freeze instituted in March 2007 and the subsequent vacant positions.

Michael V. O'Brien, City Manager, transmitting informational communication relative to the legality and process for the sale of the Green Hill Municipal Golf Course.

FROM THE COMMITTEE ON PUBLIC WORKS - That the City Council of the City of Worcester hereby goes on record in opposition to the EPA limits in phosphorous and nitrogen in a draft permit for the Upper Blackstone Water Pollution Abatement District (UBWPAD) recently issued until the current upgrades to the plant are finished and tested, Further, ask for a delay in any further permit restrictions until the efficient application of sound science can determine appropriate permit limits, and Further, request assistance from our Federal and State partners in funding any future mandates for the UBWPAD.

That the City Council of the City of Worcester hereby goes on record in support of the Advocacy Study proposed in Senate Bill 291; "An Act to Fulfill the Promise of Education Reform: Adequate Funding for Student Success". (Toomey)

REPORT OF THE COMMITTEE ON EDUCATION AND COLLEGE/UNIVERSITY RELATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Worcester UniverCity Partnership: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION AND COLLEGE/UNIVERSITY RELATIONS Upon the Communication of the City Manager transmitting informational communication regarding the Worcester UniverCity Partnership Quarterly Report: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON EDUCATION AND COLLEGE/UNIVERSITY RELATIONS Upon the Communication of the City Manager relative to the establishment and progress to date of the Worcester UniverCity Partnership: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of Dennis Dean request to amend the City of Worcester Zoning Map from RL-7 zone to BL-1.0 zone in the area of Good Harbor Dr. by pulling the existing zone line from BL-1.0 zone to include the entire parcel at 9 and 11 Good Harbor Dr.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of Attorney Robert Longden on behalf of Joseph Evangelista request to amend the Official Map by removing Hemans Court, a private street, for a distance of 400 feet: recommend to accept the Report of the Planning Board and recommend the Report be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of Attorney Joe Boynton on behalf of Holy Cross Hill Realty, LLC request to remove from the official map the portion of Kendig St. from the terminus of the public portion of Kendig St. to the northwesterly boundary of Clay St.: recommend accept Report of the Planning Board and recommend the Report be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Petition of Attorney Joe Boynton on behalf of Holy Cross Hill Realty, LLC request to remove from the official map the portion of Attleboro St. from the northerly terminus of the opening of said way approved by the Planning Board on November 30, 2005, to the northerly boundary of Kendig St. at its intersection with Attleboro St.: recommend accept Report of the Planning Board and recommend the Report be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Department of Environmental Protection's unfunded mandates proposed on the Upper Blackstone Water Pollution Abatement District: 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 current and pending discharge permits for the Upper Blackstone Water Pollution Abatement District (UBWPAD): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lillian Rossetti request to remove the handicap parking sign in front of 69 Dustin St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Querino Piergallini request to remove handicap parking sign in front of 19 Upsala St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Roseanne Papetti request to install handicap parking space in the Branch St. side of 13 Orient St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Phillip P. Palmieri on behalf of Ernest Caissie request to install handicap parking in front of 41 Edward St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anthony Ruggieri request to remove handicap parking signs at 61 Gage St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paul Rohde request resident sticker parking on West St.: recommend passage of the accompanying proposed Ordinance for Resident Permit Parking Zone in West St. along the property line of 63 Institute Rd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey on behalf of Rick Miller et al request to either remove the Resident Permit Parking zone in the area from the property lines of #'s 17 and 14 Germain St. northerly to Institute Rd. or to amend the Resident Permit Parking zone to business hours only: recommend passage of the accompanying proposed Ordinance to remove the Resident Permit Parking Zone in Germain St. from and including #'s 14 & 17 northerly to Institute Rd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kimberly D. Caldwell request to install “No Parking” signs in front of as well as the driveway of 120 Eastern Ave.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Frank Zitomersky request to rescind the parking ban on the east side of Lagrange St. from Main St. to Beacon St.: recommend passage of the accompanying two (2) proposed Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Frank Zitomersky request to rescind the parking ban on the west side of Jackson St. from Main St. to Beacon St.: recommend passage of the accompanying two (2) proposed Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Irene Stone Smith request to have no parking on Dorchester St. from Grafton St. to the first street light on the southerly side: recommend passage on of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Malki Yousef request 15 minutes parking only sign in front of 61 - 63 Hamilton St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard Simard of Blackstone Harvest request (1) one parking space at 18 Harrison St as a commercial loading zone for deliveries: recommend adoption of the accompanying Order and passage of the accompanying Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Katie Green, Clerk and Philip Stone, Trustee of the Worcester Monthly Meeting Religious Society of Friends (Quaker) request the installation of five (5) private directional signs to the Quaker Meetinghouse located at 901 Pleasant St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy , Jr. on behalf of Irene Stone Smith request to have a blind driveway sign on Grafton St. before Stoney Hill Driveway: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sherri Lizotte request crosswalk signage and or cones placed at and on the crosswalk at 75 Webster St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request the addition of pedestrian crossing lights to the existing traffic signals at the corner of Park Ave. and Sagamore Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mario Borci request to change the parking signs in Shrewsbury St. between the Piccadilly Plaza's driveway and the driveway at 440 Shrewsbury St. to "No Parking 2am to 6am Dec 1 to Apr 30": recommend Petition be place on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Patricia Austin et al request installation of signage on Plantation St. before and at Aitchison St. and at Shrewsbury St. to indicate to drivers the correct route to access Rt. 9 West (Belmont St.): recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request the installation of speed limit signs facing traffic going in both directions on Gage St. near it's intersection with Ford St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rudina Culani request a "Dead End" sign at the beginning of Ellsmere St. and replace the street sign: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Bruce Faulkner request to install a Dead End sign in Mount Ave.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf Laura D’Errico request to install a handicap parking space in front of 9 Atlanta St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Frederick C. Rushton to change the winter parking ban on Carter Rd. to only one side of the street: recommend Petition be denied.

Communication of the City Manager recommending City Council Approval for the attached Funding Recommendations for Year 33 CDBG, HOME, ESG, ADDI, and HOPWA. (Lukes - April 24, 2007)

Communication of the City Manager recommending that Four Million Seven Hundred Fifty Three Thousand Four Hundred Forty Eight Dollars And No Cents ($4,753,448.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXIII Community Development Block Grant Program and appropriated, when and as received, to various accounts to provide financing for projects and programs as described. (Lukes - April 24, 2007)

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)

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Chairman's Order from the Committee on Military Affairs - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled - Clancy March 6, 2007)

Order of Michael C. Perotto - Request City Manager provide City Council with an updated report regarding "Destination Worcester" for the purposes of economic development. (Tabled - Lukes April 10, 2007)

Order of Councilor Michael C. Perotto - Request City Manager provide City Council with a report concerning Beaver Brook bridges for the purpose of public safety. (Tabled - Lukes April 10, 2007)

RESOLUTION @#4b CC - That the City Council of the City of Worcester request to change the wording in all City communications so that the words "illegal immigrant" does not appear and in place thereof, the words "undocumented worker" appears. (Rushton)

Motion-Irish @ #8c CC - Request City Manager request the City Solicitor provide the City Council with a report pertaining to his legal opinion regarding posting certain databases on the city's web site as it relates to protecting personal information and what data is appropriate for public viewing.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager report to the City Council within 30 days with a resolution to the public safety concerns for both pedestrians, motorists and WRTA bus routes in Plantation Street in the vicinity of Notre Dame du Lac.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the Police Chief to report to the City Council the solutions he may implement immediately, including speeding surveillance, to improve public safety in Plantation Street in the vicinity of Notre Dame du Lac.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the Commissioner of Public Works and Parks to review the varying posted speed limits in the entire length of Plantation Street and address the issue of public safety by recommending more appropriate limits.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request the appropriate members of his Administration meet with the new Administrator of the Worcester Regional Transit Authority concerning CitySquare and Washington Square.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request Request City Manager request the Administrator of the Worcester Regional Transit Authority to provide the City Council with long range and strategic plans subsequent to a thorough in-house review.

Motion-Clancy-Suspension of Rules - Request City Manager to request the Commissioner of Department of Public Works and Parks to repaint the lines on Plantation St. and consider reducing the number of lanes from four to two from 370 Plantation St. to 620 Plantation St.

Motion-Rushton-Suspension of Rules - Request City Manager provide the City Council with a report regarding the legality of an auto detailing business located at 1228 Pleasant St. as it pertains to the City of Worcester's zoning ordinance.

Motion-Rushton-Suspension of Rules - Request the Superintendent of Worcester Public Schools couple a vocational aspect with the Comprehensive Skill Center.

Motion-Palmieri-Suspension of Rules - Request City Manager request the Commissioner of the Department of Public Works and Parks formulate a plan to permanently resolve the issue of maintaining cleanliness and ridding debris on the walking trail at the top of Elliot St.

Motion-Irish-Suspension of Rules - Request City Auditor provide City Council with a report which details the tax consequences if the funding schedule for the Worcester Retirement System is fully funded up through year 2023 instead of 2018.

PETITION - Councilor Joffrey A. Smith on behalf of Judy Rawan request to resurface Kinnicut Rd. from end of Jamesbury Dr. to Westbrook Rd.