CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 18, 2007

Council Chamber

Convened: 7:05 P.M.

Adjourned: 11:09 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Reconvened Hearing - NATIONAL GRID for conduit systems in CAMBRIDGE ST./KANSAS ST.

Granting permission to NATIONAL GRID for conduit systems in CAMBRIDGE ST./KANSAS ST.

Economic Development Initiatives Monthly Status Report

Mayor Lukes recognized and welcomed visitors from the country of Ukraine here in Worcester for three weeks for a professional training program sponsored by USAID and hosted by the International Center of Worcester to study Industrial Waste Management, Brownfield remediation and other environmental issues.

Mayor Lukes recognized and allowed Dr. Marianne Felice, MD, Chair of the Worcester Infant Mortality Reduction Task Force to address the City Council concerning efforts of the Infant Mortality Reduction Task Force. Mayor Lukes requested Dr. Felice introduced members of the Task Force who were present, Elizabeth Meracue, RN, Rose Sakyi, Cathy Violette, George Portuphy and Dr. Stuart Weisberger.

Mayor Konstantina B. Lukes on behalf of Dino LaRusso request a new street light in front of 9 Harrison St.

Councilor Joseph M. Petty on behalf of Richard & Judy Fask request to install a street light in front of 116 Mower St.

Councilor Kathleen M. Toomey on behalf of Eleanor Cosky request the installation of a new street light to be affixed to the existing utility pole in front of 109 Lake Ave.

Karen Forbes et al request street resurfacing in Barnes Ave. off West Boylston St.

James Grinham of Worcester Realty Development request to repair/replace the sidewalk in front of 6 Plum St.

Ghassan Aswad request sidewalk repair in front of 6 Fruit St.

Mayor Konstantina B. Lukes on behalf of K & M Plumbing request sidewalk repair at 159 Water St.

Karen Forbes et al request speed bump in Barnes Ave. off West Boylston St. to reduce speeding due to small children.

Brenda Foresti request enforcement for speeding in the vicinity of Preston St. and Murray Ave.

Petraq Gace request removal of handicap parking space in Waite St. along the side of 2 Wilson St.

Ralph Cobb request to install a left-turn only lane for Main Street traffic inbound at the intersection with Goddard Memorial Drive.

Ralph Cobb request to install left-turn only lanes for Stafford Street traffic at the intersection with Curtis Parkway.

Ralph Cobb request to adjust the timing for turning lanes at the intersection of Park Avenue and Mill Street in the interest of the public's safety.

Tanya McCarthy request handicap parking space at 42 Gage St.

Kathleen Erickson request handicap parking space in front of 114 Paine St.

John DeCarolis request removal of handicap parking signs in the area of 45-47 Institute Rd.

John DeCarolis request resident sticker parking in Institute Rd. between Boynton St. and West St.

Councilor Frederick C. Rushton request to repaint crosswalks in Moreland Green Drive.

Mayor Konstantina B. Lukes on behalf of William Isildakli request a four way Stop Sign at Harrison and Harding Sts.

Transmitting Informational Communication Relative to the Responses to an RFP for General Aviation Services.

Transmitting Informational Communications Regarding the Commonwealth's Group Insurance Commission Health Plan (GIC).

Transmitting Informational Communication Relative to an Invitation to the Worcester Wayfinding Initiative Prototype Unveiling.

Transmitting Informational Communication Relative to the Economic Development Initiatives Monthly Status Report for August - September 2007.

Transmitting Informational Communication Relative to the Economic Development Division's Small Business Retention and Recruitment Report.

Transmitting Informational Communication Relative to a New Marketing Package that is Being Used to Market our City to Interested Businesses and Investors.

Transmitting Informational Communication Relative to the South Worcester Industrial Park and the Disposition of the 49 Canterbury Street Site.

SUPPLEMENTAL: Transmitting Informational Communication Regarding the Lead Hazard Control Grant Awarded to the City of Worcester for up to $2.9M from the Federal Department of Housing and Urban Development.

Recommend a Change to the City's Parking Ordinance to Accommodate the Parking Needs of the Regional Justice Center.

Transmitting Informational Communication Relative to Webster Square Traffic Improvements.

Transmitting Informational Communication Relative to the Keep Worcester Clean Activity Report for the Month of July 2007.

Transmitting Informational Communication Relative to an Update on the MDC-DCR Cambridge Street Sewer Program.

Transmitting Informational Communication Relative to Parking Associated with the New Courthouse on Main Street.

Transmitting Informational Communication Relative to Building Permits for Wigwam Hill Estates.

Transmitting Informational Communication Relative to the Senior Support Team (SST) an Innovative, Collaborative Effort Coordinated by the Health and Human Services Division of Elder Affairs.

Recommend City Council Accept with Gratitude a $501.00 Donation from Dr. Satya and Sheema Mitra to the Worcester Public Library.

Recommend City Council Adoption of the Attached Ordinance Amendment which Addresses the Sale and Possession of Air Rifles and BB Guns in the City.

Transmitting Informational Communication Relative to a Report on the Extension of the DCU Center Management Agreement.

Transmitting Informational Communication Relative to the Federal Transit Authority Waiver Exempting the Union Station Restoration Project from the Executive Order that Restricts Federally Funded Projects from the Use of Project Labor Agreement.

SUPPLEMENTAL: Recommend City Council Review, Consideration and Adoption of the Attached Order which would Authorize the Filing of Special legislation Authorizing and Ratifying the Use of Bilingual Ballots in City Elections.

Recommend that One Million Two Hundred Thousand Dollars And No Cents ($1,200,000.00) be transferred from Account # 91C752, Union Station Garage, and be appropriated to Account # 04C748, Union Station Garage, for expenses associated with the design, construction and project management of the Union Station Garage.

Recommend that Twenty Six Thousand One Hundred Eighty Nine Dollars And No Cents ($26,189.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated to Account # 04C746, Economic Development Capital Equipment, to purchase a hybrid vehicle as per the Fiscal Year 2008 Capital Improvement Program.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping, allowing for payment of current and anticipated obligations for the Sewer Pumping Station Capital Program.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C714, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Station Rehabilitation, to allow for the payment of current and anticipated obligations.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred from Loan Account #91C737, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current invoices and anticipated obligations.

Recommend that Seven Hundred Eighty Five Thousand Five Hundred Dollars And No Cents ($785,500.00) be transferred from Loan Account #91C738, Reservoir Remodeling, and be appropriated to DPW Account #45C728, Reservoir Rehabilitation, to allow for payment of current and anticipated obligations.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C741, Street Reconstruction, and be appropriated to DPW Account #41C768, Private Street Conversion/Betterments, to provide funds for the payment of current obligations and future expenditures.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account # 330-23, Major Taylor Boulevard Reserves, and be appropriated to Account # 46S523, Major Taylor Boulevard Ordinary Maintenance, to provide sufficient funding for the Major Taylor Boulevard Garage for the First and Second Quarters of Fiscal Year 2008.

Transmitting Informational Communication Relative to Task Force on Homelessness Public Hearings.

FROM THE COMMITTEE ON LAND USE - Request City Manager provide City Council with copies of ordinances from other communities that pertain to sustainable energy and green building regulations.

FROM THE COMMITTEE ON LAND USE - Request the Conservation Commission provide City Council with details of it's request for transfer of 26,800 square feet of undeveloped land off Pioneer Road and at 12 & 14 Guilford Street to the Commission.

FROM THE COMMITTEE ON RULES AND REGULATIONS - Request the City Clerk provide the City Council with a spreadsheet of the meetings of the Standing Committees for the past five years.

FROM THE COMMITTEE ON RULES AND REGULATIONS - Pursuant to a review by the City Council's Standing Committee on Rules & Regulations on September 5, 2007, request that the City Council review and approve an amendment to Rule 22 of the Rules of the City Council by removing the section entirely and inserting in place thereof the following attached new section effective with the 2008-2009 City Council term.

Request WRTA consider the installation of a bus enclosure at the existing bus stop in front of the Denny’s at the corner of Lincoln Street and Country Club Boulevard. (Smith)

Request City Manager request the Chief of Police to provide City Council with a report concerning the effectiveness of the efforts that have been made through the Summer Impact Division for 2007. (Petty)

Request City Manager provide City Council with an update concerning the Franklin Street/Putnam Lane project. (Palmieri)

Request City Manager halt all plans to launch “Operation Yellow Box” in Worcester until such time that the full City Council publicly votes to support the project. (Haller)

Request City Manager recommend to the City Council optimal locations for installing
8-10 handicapped parking spaces in the vicinity of the entrances to the new Regional Justice Center at 225 Main Street. (Rushton)

Request City Manager report to Council on whether a uniform parking overlay zone could be applied to all economic opportunity zones in the City. (Clancy)

Request City Manager report to Council on the impact of the projected health insurance increases of 8-12 percent for Fiscal Year 09 as recently reported in the Boston Globe. (Clancy)

Request City Manager report to Council on the proposed legislation at both the Statehouse and the City of Boston that would require photoelectric smoke detectors in all residences. (Clancy)

Request City Manager review and report to Council on the situation and results for a sewer break claim at 39 Upland Street. (Clancy)

Request City Manager develop an ordinance that would require businesses in the Central Business District to remove external signs from buildings when they close or change that business. (Clancy)

Request City Manager explore using Demand Response Technology to generate new and recurring revenues for the City of Worcester. DRT is a new energy management tool that rewards companies, institutions and/or communities with cash payments if they agree to use generators in their facilities at times of peak demand. Being a user of DRT reduces the need to build peak power plants which cost hundreds of millions of dollars and produce high levels of carbon emissions. (Rushton)

Request City Manager to request the owners of the parking lots and garages in the vicinity of the new Regional Justice Center to respond why they have substantially increased their parking rates in the vicinity of 50% coinciding with the opening of the new facility. Further request City Manager to request the Off-Street Parking Board explore the creation of monthly parking spaces at the Highland Street surface parking lot at reasonable rates. (Rushton)

Request City Manager report to the City Council concerning a plan for ongoing maintenance and repair of the Streetscape amenities throughout the City. (Toomey)

Request City Manager forward to the City Council the opinions from appropriate City Departments, Boards and Commissions concerning the local approvals that will be necessary for the American Antiquarian Society to proceed with it's plans to convert a single-family residence to a dormitory use and to construct a 26-car lighted parking lot located at 1 Montvale Road, a property located in an RS-10 zone and Local Historic District. (Petty)

Request City Manager provide the City Council with a program plan, including benchmarks, for the appropriation of $2,926,802 awarded to the City of Worcester by the U.S. Department of Housing and Urban Development as part of the "Protect Children from Dangerous Lead and other Home Health and Safety Hazards" grant program. (Rushton)

Request City Manager report on developing a process for visually improving the Madison St. area around the Wyman Gordon property and the source of any potential funding. (Lukes)

Request City Manager provide a report listing the recipients, locations affected, amounts and dates of grants and loans made pursuant to the micro loan, facade and storefront improvement programs in the past three years. (Lukes)

Edward S. Goldstein, Vice President Government Affairs/Franchise Relations for Charter Communications transmitting communication relative to notice of changes and additions to channels in it's channel lineup.

Roberta Schaefer, PhD., Executive Director of the Worcester Regional Research Bureau, transmitting informational communication relative to Downtown Worcester Office Occupancy: 2007 Survey.

David J. Rushford, City Clerk, transmitting communication relative to the operation of the Preliminary Election.

David J. Rushford, City Clerk, transmitting communication relative to the number of meetings conducted by each of the committees for the years 2001 through 2006.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Richard Raskett request zone change at 1223-1267 Grafton St. and adjoining properties from BL-1.0 to RL-7: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Attorney Donald J. O'Neil on behalf of Ronald W. Lorusso request to amend the zoning map to correct a plotting error by changing the zoning of the portion of the parcel on Woburn St. designated by the Assessor as Map 12, Block 028, Lot 0004B currently zoned RL-7 to MG-0.5: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager recommending adoption of an order to dispose of city owned land on Millbury Street through the Abutter's Program.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON LAND USE Upon the Communication of the City Manager transmitting informational communication relative to the approved site plan granted to Madison Worcester Holdings: 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 implementation of the Climate Action Plan.: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON LAND USE Upon the Report of the Planning Board upon the Petition of Maria Camerano & Alan Higgins request 457 & 469 Granite St. be rezoned from RS-7 to RL-7.: recommend acceptance of the Report of the Planning Board and recommend Petition be denied.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to make public the private segment of Houghton St.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to make public St. Anthony St.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to make public Vermont Ave.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to make public the private street segment of Wildwood Ave.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Kathleen M. Toomey on behalf of Shawn McAvey request to abandon a continuous ten foot strip on the westerly side of McAvey Way beginning at Grafton St. and running to the end of the cul-de-sac.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Knapp Ave.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting that sewers be installed in Luther Ave.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting that sewers be installed in Myrick Ave.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Pelican Ave.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Phoebe Way.

REPORT OF THE PLANNING BOARD Upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Toronita Ave.

REPORT OF THE COMMITTEE ON RULES AND REGULATIONS Upon the Communication of the City Manager transmitting informational communication relative to City Employees serving on City Boards and Commissions: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON RULES AND REGULATIONS Upon the Order of Councilor Gary Rosen requesting that in the future, the Mayor only appoint people to Boards, Commissions, Roundtables, and Committees who reside within the City: recommend Order be placed on file.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking on the west side of Winfield St. near May St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 208 Pilgrim Ave.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to prohibit Parking on both sides of Kelsey Dr. from in front of house numbers 4, 6, and 8 Kelsey Dr. from
8am - 7pm.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 1996 to rescind Resident Permit Parking in front of 7 and 9 Tacoma St.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 1996 to rescind Resident Permit Parking on the south side of Congress St. from the easterly property line of #7 Congress St. to Newbury St.

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)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of James A. DelSignore, City Auditor, transmitting communication relative to the schedules showing estimated savings that would accrue to the City if certain changes were made to employee and retiree health plans by adopting MGL Chapter 32B Section 18 and by decreasing the City's share of premiums from 80% to 75% for various groups not affected by Section 18: recommend Report and Communication be placed on file. (Tabled - July 26, 2007)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting communication regarding responses from the Administration to the orders from the City Council Standing Committee on Municipal Operations: recommend Communication be placed on file. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager be and is hereby requested to recommend to the City Council a plan to soften the burden of health care costs to the Medicaid eligible retirees of the City of Worcester and specifically request the City Manager consider increasing the city's contribution for eligible retirees from the present 75% contribution level to the 80% level so as to put them on par with the premiums paid by active employees. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager consider blending retiree costs for health insurance to a percent that equalizes percentage payments without increasing costs to the city. (Tabled - Rushton July 26, 2007)

Communication of the City Manager transmitting informational communication relative to the Adoption of Chapter 32B, Section 18, from The Segal Group, Inc. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding the Orders posed at the Municipal Operations meeting of June 27, 2007 along with the Administration response. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication containing the Administration's responses to questions posed regarding Section 18 at the July 17, 2007 City Council Meeting. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding additional responses from the Administration on Questions posed at July 17, 2007 City Council meeting regarding Chapter 32B, Section 18. (Tabled - July 26, 2007)

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)

RESOLUTION of Councilor Dennis L. Irish - That the City Council of the City of Worcester hereby recognizes and thanks the members of the Infant Mortality Reduction Task Force for their dedication, accomplishments and efforts to reduce infant mortality and urges them to continue helping the City of Worcester address this issue.

Motion Perotto @ #10.8B CM - Request City Manager invite Young Park of Berkeley Investment to the October 3, 2007 Commerce and Development Committee meeting.

Motion Lukes @ #10.8B CM - Request City Manager request City Solicitor provide a legal opinion to City Council relative to the possibility of downsizing the CitySquare project and what this would entail, what changes would have to be made in the contract and what legislative permission may be required.

Motion Toomey @ #10.8B CM - Request City Manager provide City Council with a report concerning ownership of properties along Assonet St. and Gold St., along the north side of Madison St.

Motion Toomey @ #10.8B CM - Request City Manager investigate any potential funds from the Federal government that would provide incentives for rail expansion or purchase/ building an additional rail that would augment the existing rail that is currently overused and preventing expansion of rail service to Boston.

Motion Toomey @ #10.8B CM - Request City Manager report to City Council all opportunities available for the city of Worcester to be in attendance at national conventions and conferences and investigate potential membership opportunities for those organizations, conventions and conferences. Further, list those opportunities by date and calendar year and to include in the list cost for attending. Further, identify professional marketing materials necessary to effectively and adequately sell Worcester to potential interested developers, investors and business opportunities. Further, see what Destination Worcester can do to bring some of those conventions and conferences to Worcester which would certainly be a great marketing tool in itself.

Motion Rosen @ #10.6A CM - Request City Manager provide City Council with a copy of the report from Pioneer Institute concerning the Commonwealth's Group Health Insurance Commission.

Motion Clancy @ #12g CC - Request City Manager provide City Council with a report relative to how much of the city's budget is spent of tax levied money for health insurance, retirement and energy and further, request this report include a projection of these costs for next year's budget. (Clancy)

Motion Perotto @ #10.8A CM - Request City Manager provide a report to inform City Council from a financial perspective what is the cost of the prototypes for the Wayfinding Initiative and include a list of the different districts across the city.

Motion Lukes @ #10.12A CM & 10.12E CM - Request City Manager review and inventory the handicap parking spaces throughout downtown and make recommendations to adjust accordingly to current needs, especially in view of the opening of the new Regional Justice Center.

Motion Petty @ #10.12A CM & #10.12E CM - Request City Manager present the State with a city flag for flying at the new Regional Justice Center.

Motion Clancy @ #10.12A CM & #10.12E CM - Request City Manager determine the number of handicap parking spaces needed at the new Regional Justice Center using the standard industry formula for an x amount of spaces for an x amount of employees/customers.

Motion Irish @ #11d CC & #13d CC - Request City Clerk provide City Council with a report concerning how the existing City Council Standing Committees blend into the proposed new alignment.

Motion Irish @ #11d CC & 13d CC - Request City Manager make recommendations relative to the newly proposed City Council Standing Committee and how they stack up against the City Manager's organizational structure.

Motion Clancy and Perotto @ #11d CC & #13d CC - Request City Council Standing Committee on Rules and Regulations consider keeping the traditional names for Public Works and Commerce and Development sub committees.

PETITION - Councilor Kathleen M. Toomey on behalf of the MCPHS request two parking spots, at least one on Foster St., to be designated as permanent zip car parking spots with appropriate signage as approved by the Department of Public Works.

PETITION - Councilor Joffrey A. Smith on behalf of Anthony Vigliotti, Registrar for the Registry of Deeds request permission to install three directional signs to the new location of the Worcester District Registry of Deeds at the following locations: 1) at the corner of Commercial St. and Central St., 2) at the corner of Commercial St. and Foster St. and 3) at the corner of Commercial St. and Front St.