CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 6, 2007

Council Chamber

Convened: 7:04 P.M.

Adjourned: 10:10 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Presenting a Resolution to Sheriff Guy W. Glodis and his Community Service program for their donation of labor and services at the Blithewood Playground.

Communication of the City Manager relative to Economic Development Initiatives Monthly Status Report - February 2007.

Communication of the City Manager transmitting informational communication regarding the Economic Development Division's (EDD) small business retention and recruitment efforts.

Neil Smith request the installation of one new streetlight in Sargent St.

Neil Smith request that Sargent St. be repaved.

Timothy and Tabatha Stearns request abatement of street assessment #24530 in the amount of $8,834.07 for Roy St.

Querino Piergallini request to remove handicap parking sign in front of 19 Upsala St.

State Representative John Fresolo on behalf Laura D’Errico request to install a handicap parking space in front of 9 Atlanta St.

Councilor Kathleen M. Toomey request to install a right turn only from the right lane facing outbound traffic in Chandler St. at Mill St. and also in Mill St. facing northbound traffic at Chandler St.

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.

Flora Kroher et al request "Not a Through Street" and Cautionary signs be placed at Abington St.

Lee Norton Kelly request resident permit parking on the east and west sides of Coolidge Rd. from Pleasant St. to Copley Rd.

FROM THE COMMITTEE ON COMMERCE AND DEVELOPMENT - Request City Manager consider installing lighting on the Central Street railroad bridge that would complement the lighting that is to be included in the sky bridge construction.

FROM THE COMMITTEE ON COMMERCE AND DEVELOPMENT - Request City Manager provide City Council with a report that details the capital improvements that are planned for the DCU Centre.

FROM THE COMMITTEE ON COMMERCE AND DEVELOPMENT - Request City Manager report to City Council concerning the possibility of pursuing naming rights for the sky bridge and any other creative financing that might be employed as a means of establishing a funding source for future long-term sky bridge maintenance.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager report to City Council whether cable Channel 3 may be accessed for the broadcasting or rebroadcasting of the weekly City Council meetings.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager provide City Council with a recapitulation of financing for community access cable television.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager report to City Council concerning efforts to maintain and improve community access cable television.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide City Council with a report showing the figures for those food service establishments currently not in compliance with FOG, those asking for an extension of time to comply and the number of establishments who have indicated that economics is an issue for them.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide City Council with figures that reveal what are the minimum and maximum costs for Worcester establishments who have had to come into compliance with FOG standards.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works and Parks report to the City Council concerning the costs for repaving the entirety of Monadnock Road.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager recommend to the City Council an amount of money to address the back-log of streets on the resurfacing list.

Request City Manager report on the legality of requiring applicants for city jobs to pay all or a part of the cost of the pre-employment medical examinations. (Lukes)

Request City Manager respond to City Council concerning the Management Letter dated June 30, 2006, which detailed a myriad of problems regarding the various functions performed by Complus Data Innovations, Inc. (CDI) related to the maintenance of all parking ticket activity. (Rosen, Petty)

Request City Manager provide City Council with a summary of the operating (to specifically include the number of FTE personnel) and capital budgets for the Parks, Recreation and Cemetery Department(s) for each of the past ten years and express same as a percentage of the total city operating and capital budgets. The purpose of this report will be to measure relative change over time. Said report should also note significant additions or deletions in functions, e.g. was the Cemetery budget always included? (Irish, Toomey)

Request City Manager prepare or obtain a comparative analysis of Parks Departments in cities in the northeastern USA including the cities of Boston and Springfield, MA, Hartford, Ct, Providence, RI, Manchester, NH and Albany, Syracuse, Rochester and Buffalo, NY, if possible. The report should include total acreage of parks, a description of "amenities" such as golf courses and/or zoos, as well as operating and capital budgets in total and expressed per capita of population to facilitate comparisons. (Irish, Toomey)

Request City Manager report to City Council concerning the feasibility of leasing the operations of the Worcester Regional Airport, through an RFP process, to Massport or a private management company that has the experience, expertise and influence within the airline industry to recruit and retain commercial, corporate and charter service. (Rosen)

Request City Manager report on the most recent statistics regarding infant mortality rates in Worcester, including also city, state and national statistics for comparison for the past 10 years and further to provide information on pre-natal care services available to address the issue of infant mortality. (Lukes, Haller, Toomey)

Request City Manager report on the current statistics regarding reported child abuse incidents in Worcester, and including city, state and national statistics for comparison for the past ten years. (Lukes, Haller, Toomey)

Request the Worcester City Council review the council's standing committee structure and to consider reducing the number of committees to ten committees and restructuring the committees in conformance with the City Manager's departmental organization for more efficient staff support. (Lukes, Irish) Motion Clancy to amend: Further, request the City Clerk along with the Chairman of the Rules Committee, communicate opinions of the various Standing Committee Chairs to gain as much input concerning a desire to alter the structure of the Committees.

Request the City Manager request each department and division head review the content of their respective web pages to ensure that any and all services they offer to the public are explained in full and that appropriate forms, fees and timetables are included. (Toomey)

DECREE TO MAKE PUBLIC: CORINTH DRIVE

DECREE TO MAKE PUBLIC: REARDON STREET

STREET BETTERMENT ASSESSMENT: MIAMI STREET

Mayor Kostantina B. Lukes transmitting communication relative to adding people to membership of the Ad Hoc Zoning Review Committee.

Mayor Konstantina B. Lukes transmitting communication requesting City Council accept with gratitude the materials and labor donated to the Mayor's Office from Sarah Ann Bowditch of Bowditch and Marinelli, Inc.

David J. Rushford, City Clerk, transmitting communication relative to increasing the annual dog licensing fees.

Michael V. O'Brien, City Manager, transmitting communication requesting City Council's review, consideration and approval of the attached salary ordinance for Cabinet Level positions of: Commissioner of Public Works and Park, The Chief of Police, the Chief of Fire, Assistant City Manager of Economic and Neighborhood Development, the City Solicitor, the Chief Financial Officer and the Commissioner of Health and Human Services.

Michael V. O'Brien, City Manager, transmitting communication recommending the transfer of $10,275.20 from Account #040-91000, City Manager Personal Services, to Account #4101-9100, DPW&P Personnel Services to address a salary increase for the Commissioner of Public Works and Parks.

Michael V. O'Brien, City Manager, transmitting communication relative to a contract executed between the City and Kelley and Ryan Associates, Inc. (Kelley and Ryan) for the entire portfolio of delinquent taxes owed the City, as well as all new tax collection services as of January 1, 2007.

Michael V. O'Brien, City Manager, coordinated with and supported, Superintendent James Caradonio and the Worcester Public Schools (WPS) and the Worcester Educational Development Foundation (WEDF) transmitting communication relative to their efforts to develop a realistic, phased action plan for much needed renovations to Foley Stadium on Chandler St.

Michael V. O'Brien, City Manager, transmitting communication recommending the adoption of a Loan Order in the amount of Two Million Dollars and No Cents ($2,000,000.00) be appropriated to Account #91C759, WPS Foley Stadium Improvements, for the purpose of funding improvements to Foley Stadium.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Michael Lussier, President of the Webster First Credit Union, request to amend to City of Worcester Zoning Map from RS-7 and ML-0.5 zones to BL-1 zone in the area of 275 Greenwood St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board Upon the Communication of the City Manager relative to Proposed Zoning Ordinance: recommend Report and Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager relative to the recommendation not to adopt the proposed Zoning Ordinance: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager relative to the June 14, 2005 Omnibus Zoning Ordinance Amendment petition: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager transmitting informational communication relative to the Planning Board's June 14, 2005 Omnibus Zoning Ordinance Amendment: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager relative to the timelines for conducting hearings on proposed zoning ordinance amendments referred to the Land Use Committee: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager relative to the Charter Communications Contract Renewal Process: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager regarding the Draft Ascertainment Report for the Cable Contract Renewal Process: 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 Charter Communications' new rate schedule: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager relative to the extension of the Television Franchise Agreement: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of James DelSignore, City Auditor, transmitting financial reports on Worcester Community Cable Access (WCCA) & Worcester Education Cable Access (EA). Also a review of WCCA audited financial statements and its submittal on operations: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of Roberta R. Schaefer, Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Cable TV: Get with the Program: 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 conversion of the private section of Monadnock Rd. to a public road: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Cheyenne Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Navajo Rd: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lois Maraia on behalf of Indian Hill Partnership request to make public Shawnee Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Barbara G. Haller on behalf of Regional Environmental Council request street repair on Cottage St. between West and Fruit Sts., along sidewalk: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ernest Gozdur request paving of Paine St. from Harlow St. to Frederick St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carl Flodman request to resurface Madeline St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charles and Mary Patrock request to resurface Tiverton Parkway: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charles and Mary Patrock request to resurface Grenada St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request that Villanova St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kevin and Kathleen Provencher request that Midland St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Susan Fleming et al request to repave Merrifield St. from 85 Merrifield St. to Belmont St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Alan Gordon et al request to repave Merlin Court between Wrentham Road to Moreland St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Alan Gordon et al request to repave Camelot Dr. between Wrentham Rd. and Moreland St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Alan Gordon et al request to repave Tristan Court between Wrentham Rd. and Moreland St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carole and Richard Costello request Pilgrim Ave. from Plantation St. to Hamilton St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request to resurface Burghardt St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dennis Molinari request Northampton St. be resurfaced between Windsor Street and Channing St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sherry Olson-Lusardi et al request that Knollwood Dr. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request resurfacing of Hermon St. from Francis J. McGrath Blvd. to Lamartine St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kathleen Perry request the resurfacing of Eunice Ave.: recommend adoption of the accompanying Order to resurface Eunice Ave from Clark St. to Fairhaven Rd.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request to resurface Angelo St. from Lepanto St. to Hurtle Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request to resurface Angelo St. from Commonwealth Ave. to Lepanto St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request to resurface Jennings St. from Lepanto St. to Hurtle Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith on behalf of Barry Dworman request the Department of Public Works resurface Valley Hill Dr. from 38 Valley Hill Dr. to Mabelle St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request to resurface Wellesley Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request to resurface Bryn Mawr Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request to resurface Goucher Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request Euclid Ave. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Scott Green request sewer extension on Wamsutta Ave., a private way, at the intersection of Potomska St. a distance of 430' of 8" PVC sanitary on Wamsutta Ave. as approved by the Department of Environmental Protection on March 16, 2005: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Riley request to enter into a prior agreement with the City of Worcester to extend a sanitary main on Denmark St. a distance of 240' at the petitioner's expense: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith on behalf of Joseph and Diane Louis request to install a catch basin in front of 692 Salisbury St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Barbara G. Haller request repaving of Chestnut St.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John-Paul Plouffe request to resurface Monadnock Rd. from Salisbury Street to 61 Monadnock Rd.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Matthew Mullaney et al request to repave Monadnock Rd. from Salisbury St. to a point beyond Otsego Rd.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joan Paglieroni request road repair on Ridgewood Rd.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sherry Olson-Lusardi et al request that Rollingwood Dr. be resurfaced: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith on behalf of Barry Dworman request the Department of Public Works resurface Valley Hill Lane: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request to resurface Mt. Holyoke Ave.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petiton of Nancy McCarthy et al request Uxbridge St. to be paved: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Alden Goldstein request to resurface Longfellow Rd. from #55 to #105: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mary Dionne et al request to repave Elliot St.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard Burke request to resurface 1-19 Cardinal Rd.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard Burke request to resurface Cardinal Rd. from Radmore St. to Pleasant St.: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Marcel Duplessis request Hamilton St. from Fairmont Ave. to Ingelside Ave., especially in front of 95 Hamilton St., be resurfaced: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Andrew Sullivan request street repair in front of 1 Intervale Rd. to alleviate the potholes, dips and the underlying problem that causes my home to vibrate when traffic passes: recommend the Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request to resurface Simmons Ave.: recommend the Petitioner be given leave to withdraw.

FROM THE COMMITTEE ON TRAFFIC & PARKING COMMITTEE - An Ordinance amending Chapter 13 Section 37 of the Revised Ordinance of 1996 relative to parking of commercial vehicles, buses or trailers on residentially zoned streets.

Amend Section 2 of Article IV of the Worcester Zoning Ordinance adopted April 2, 1991 relative to Home Occupations In Residential Districts as Accessory Uses.

Amending the Worcester Zoning Ordinance adopted April 2, 1991, relative to numerous additions, deletions and format changes to the ordinance.

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)

Communication of the City Manager transmitting informational communication relative to the Request for Proposal on two parcels of land currently owned by the Worcester Fire Department. (Tabled - Toomey November 14, 2006)

Communication of the City Manager transmitting informational communication relative to the Ownership of Parcels Surrounding the Former St. Vincent's Hospital Property. (Tabled - Clancy 01/02/2007)

Motion-Perotto @ #11g CC - Request City Manager meet with the Mayor and representatives from the Worcester Public Schools' Administration to determine the governance structure of Foley Stadium.

Motion-Perotto @ #5a CC - Request City Manager provide the City Council with a report which discloses the exact dollar amount for the property in which Clark University will be using for their recreational facility.

Motion-Irish @ #10a CC - Request City Manager provide the City Council with a comprehensive report which addresses risk management and to utilize other tools available to manage potential fraud in the City's disability pension and worker's compensation funds.

Motion- @ #10h CC - Request City Clerk request the City Manager offer his opinion concerning a consolidation of the Standing Committees.

Motion-Rosen @ #11d CC - Request to amend item 11d of the February 7, 2007 agenda to eliminate all salary ordinances with the exception of the Commissioner of Public Works and Parks.

Motion-Clancy @ #11a CC - Request Mayor request Ad Hoc Zoning Review Committee visit all sectors of the city to meet with resident groups such as Neighborhood Watch Groups to obtain their sentiments concerning future amendments to the Zoning Ordinance.

Motion-Haller - Suspension of Rules - Request City Manager provide the City Council with an arson investigation report regarding the recent fires at 233 Canterbury St.

Motion-Irish - Suspension of Rules - Request City Manager provide a report to the City Council pertaining to the procedures that are followed once a Worcester resident receives a Resident Parking sticker and/or Handicap placard to ensure that the permit is only given to people whose cars are registered in the City and at the stated location.

Peittion of Councilor Kathleen M. Toomey on behalf of Rick Miller request to discuss with the Standing Committee on Traffic and Parking the exisiting parking regulations and other options for parking restrictions and the impact of those in Germain St.