CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 8, 2008

Council Chamber

Convened: 7:06 P.M.

Adjourned: 9:05 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Communication of the City Manager transmitting communication relative to Monthly Economic Development Initiatives Status Report - April 2008.

Communication of the City Manager transmitting communication relative to monthly Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities - April 2008.

The Mayor read a proclamation proclaiming the week of April 11, 2008 as National Public Safety Communicators Week. Mayor Lukes requested Councilor Rosen to present the proclamation to Communications Director David Clemons who addressed City Council.

Mayor Lukes recognized members of Troops 99 & 45 from the Church of Jesus Christ of Latter Day Saints on Chester St. who were present to at the City Council meeting to work on their citizen and community badges.

David Seibold request private street conversion of private portion of Carter Rd.

Michael Lawlor request to resurface Wilkinson Street.

Councilor William J. Eddy on behalf of the Regional Environmental Council and the Arboretum Community Garden request City of Worcester provide water service to a community garden located at Hadwen Arboretum at the corner of Lovell and May Streets in accordance with the Public Works and Parks Department Policy for providing water for Community Gardens. The garden will be used by residents of the community for the purpose of organic farming. Water will be used efficiently following best management practices for outdoor water use.

David Suprenant et al request to remove two handicap parking spaces in front of 24 Sigel St.

Councilor Gary Rosen, Councilor Joseph M. Petty and Councilor Kathleen M. Toomey on behalf of Ann Marie Kenary request installation of appropriate signage in South Flagg St. near the intersection of Barr St. including consideration of the use of reflective signage to avert future motor vehicle mishaps and to protect pedestrians and personal property.

David Larson request to install handicap parking space in front of 67 Uxbridge St.

Lynnier Johnson request handicap parking space at 16 Boardman St.

Amy Olaes et al request a warning sign alerting drivers of an autistic child be installed in front of 121 Newton Ave. North.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint or identical pole location in: MILL ST. approximately 130' south of centerline of the intersection of Midgley Ave.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint or identical pole location in: MILL ST. approximately 195 feet southwest of the center line of the intersection of Mill Pond Road

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint or identical pole location in: WIGWAM AVE.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Acting Commissioner of Health and Human Services provide the City Council with a detailed listing of grants that have been applied for during this Fiscal Year.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the City Council of the City of Worcester name the plaza at the rear of City Hall in honor of former President John F. Kennedy and that the City Manager is requested to arrange for the annual presentation of a Jacob Hiatt Award that recognizes a local resident for public service contribution, and further request that the City Council's Standing Committee on Rules and Legislative Affairs be requested to establish parameters for presenting the award annually on the plaza during the Month of May, the month of the former president's birth.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the Standing Committee on Traffic & Parking review Harding Street between Franklin St. and Harrison Street with a view toward requesting that it be converted to a two-way street with the caveat that there be no removal of on-street parking spaces.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the City Manager provide the City Council with a time schedule for the issuance of an RFP for the retail space located in the first floor of the Union Station Garage.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the Commissioner of Public Works and Parks place the even side of Melrose Street from Frothingham Road to Lincoln Street on the sidewalk repair list.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the City Manager request the Commissioner of Public Works and Parks communicate with the City Council subsequent to his April 2008 meetings in Washington DC concerning the EPA/DEP mandates at the Upper Blackstone Water Pollution Abatement District facility.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Worcester County Sherrif to inform the City Council if his Community Service program involves inmates removing snow from public sidewalks.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the City Manager request the owners of property on the south side of Main Street from Hermon Street to Jackson Street be mindful of the ordinance that requires property owners to remove snow from the sidewalks in front of their properties.

FROM THE COMMITTEE ON PUBLIC WORKS - Request the Commissioner of Public Works and Parks report to the City Council concerning all aspects of the annual Fall street sweeping program including data concerning the shortness of the sweeping season, the costs of the program and any mandates to conduct such a program.

Request City Manager through the Technical Services Department establish and maintain a permanent new page on the city’s web site that recognizes residents who demonstrate exemplary service to the community, entitling the page “Hearts of Worcester”. A brief biography and photograph should identify those living and deceased within our city who have given selflessly to create a most livable community. (Toomey)

Request City Manager engage with the Police Chief concerning an expanded canine unit including costs to maintain on a yearly basis. (Palmieri, Clancy)

Request City Manager report to City Council concerning the authority of the Zoning Board of Appeals to condition its approval of a Special Permit to operate a lodging house to the current applicant only i.e., transfer of the property to a new owner would require the new owner to seek ZBA approval of a Special Permit to operate a lodging house. Further, request the report include any recommendations regarding similar conditioning applied to the Planning Board’s Site Plan approval for a lodging house and/or to the License Commission’s granting of a lodging house license. (Haller)

Request City Manager report to City Council concerning the authority of the Zoning Board of Appeals to condition its approval of a Special Permit to operate a lodging house under the operating conditions, including any social service program descriptions, as described at the time of request. Request the report include any recommendations regarding similar conditioning applied to the Planning Board’s Site Plan approval for a lodging house and/or to the License Commission’s granting of a lodging house license. (Haller)

Request City Manager report to City Council concerning progress regarding the recommendations of the City Manager’s Task Force on Homelessness and the City’s role in the proposed siting of a 14-bed congregate Housing First program at 62 Elm Street. (Haller)

Request City Manager communicate with the Worcester Sharks concerning the former Shaw’s property on lower Grafton Street for potential conversion to an indoor ice skating arena. (Clancy, Palmieri)

Request City Manager consider and report to City Council concerning the establishment of a program that would allow city residents to purchase as firewood those tree limbs that are taken as part of the shade tree maintenance and cutting program in the interest of recycling. Further, request that he consider that all revenues from the sale of said tree trimming and cutting be appropriated towards replenishing the shade tree inventory. (Palmieri)

Request City Manager communicate all issues to City Council concerning the expansion of commuter rail including but not limited to capacity issues at South Station. (Palmieri, Clancy, Petty)

Request City Manager report on criteria for deciding when special pension legislation is appropriate and to recommend a standardized set of terms, conditions and provisions for inclusion in any proposed special pension legislation. (Lukes)

STREET BETTERMENT ASSESSMENT: CHINO AVENUE

STREET BETTERMENT ASSESSMENT: SEATTLE STREET

That the City Council of the City of Worcester recognizes the longstanding commitment of Rick Miller for his unwavering efforts to improve the quality of life for the residents of Worcester, especially those who have been attracted to Elm Park and Newton Hill and to all parks owned and operated by the City of Worcester. (Toomey, Petty)

That the City Council of the City of Worcester hereby designates April 8, 2008 as Jack O’Connell Day in Worcester as recognition for his literary contributions in presenting the history of our community through the unique fictional stories of Quinsigamond, representing similarities to Worcester, Massachusetts for the enjoyment of readers locally and worldwide. And be it further resolved that a copy of this resolution be forwarded to the Superintendent of the Worcester Public Schools for future incorporation into the local history and writing curriculum of the school system. (Toomey)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Order of Councilor Gary Rosen - Request the City Council's Standing Committee on Public Health and Human Services review what steps the city should take to have its bookmobile properly staffed and stocked with books and computers, so that it will be on the road and making stops at agencies, neighborhoods, and parks by the Summer of this year: recommend Order be referred to City Council's Standing Committee on Education.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update on the Neighborhood Revitalization Strategy Areas (NRSAs): 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 regarding the Governor's Reduction to State Funding Appropriated for Worcester: 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 Community Development Block Grant Fund Allocation for the Program Year Beginning July 1, 2008: 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 a Report on the Attendance and Overall Participation of Seniors at the Senior Center: 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 Present Procedures for the Inter-Departmental Exchange of Information Regarding Changes in Property Use: 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 New Inspection Procedures for Food Establishments that Serve Alcohol as established in Chapter 304 of the General Court's Acts of 2004: 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 Standard Procedures and Practices that Code Enforcement Staff Follow when Tracking Complaints for which a Citation has been Issued for Code Violations on Private Properties: 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 2008 Annual Influenza Report: recommend Communication be placed on file.

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

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Abby Rad request private street conversion for the entire length of Fenton Dr.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager recommending the conversion of the private section of Hickory Dr. to a public way: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Karen Buskey et al request to change the sewer line on Tilbury St. from private to public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Report of the Public Works Committee upon the Petition of Philip Morgan et al request to install a sewer line in lower Wheeler Ave., from Forest St. to the terminus of the street: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the discontinuance of a portion of Southgate Street: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Theresa Bradley request to plant an evergreen tree in the Common which can be dedicated in someone’s memory: recommend adoption of the accompanying Order to request the City Manager consider the planting of a live evergreen tree in the Worcester Common for use annually as a holdiay tree.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ronald & Katherine Brosnan request sidewalk repair at the corner of 268 Grafton St. and Mendon St.: recommend to amend Petition to resurface the sidewalks on the south side of Grafton Street from the corner of Barclay Street to the corner of Houghton Street and adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Barbara G. Haller request sidewalk repair in front of 20 Hollywood St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Angelo Giolekas request sidewalk repair or replacement in front of 170 South Flagg St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request installation of catch basin near hydrant at the intersection of Lake Ave. and Ronald Dr. due to pooling of water on Lake Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Dennis Clark request the City View St. be made a dead end street without access through to property owned by Holy Cross College: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works upon the Petition of Councilor Paul P. Clancy, Jr. and Mayor Timothy P. Murray request that Front St. from Main St. to Washington Sq. be renamed JFK Boulevard: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order of Councilor Paul P. Clancy - Request City Manager consider the establishment of a Walk of Honor along City Hall Plaza that would annually recognize a Worcester citizen for his/her outstanding service to neighborhood and/or citywide improvement efforts, and, further request that he consider developing criteria that would be used to select said honoree, and, finally, consider the naming of this yearly recognition in honor of Jacob Hiatt whose philanthropic activities benefited so many areas of our City: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Farooq Ansari, President of Ansari Builders Inc., request to accept easements for street, drainage and utility purposes for Naumaan Lane and Fatima Lane for the subdivision entitled Jasmeen Place off Clark St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Michael Konan, President of Meola Development Corporation, request the City of Worcester to accept easement for the cross-country drain and the detention basin for Good Harbor Dr. per subdivision plan entitled Good Harbor Heights: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Patricia Kenary et al request Summerhill Ave be resurfaced: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tracy Dubinsky & Jason Petrella request to have Valley Hill Drive repaved: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tracy Dubinsky & Jason Petrella request to have Valley Hill Lane repaved: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robin LaHair request repair of sidewalk at 11 Wall St. to remove protruding pipe: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robin LaHair request sidewalk repair in front of 21 Thorne St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony Monti and Dao Nguyen request repair sinkhole in front of 42 Wayside Rd: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Stephen G. Abraham on behalf of Edward Waldorf request water structures in the street and sidewalk areas of Parsons Hill Dr. be repaired by making them flush with the pavement so as to avoid injury to pedestrians and vehicles: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Philip P. Palmieri request Paine St. be repaved from Harlow St. to Green Hill Parkway: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager relative to the proposed roadway design for Franklin St. between Grafton St. & Harding St.: 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 an update on the current status of the backlog of streets that have been approved for Private Street Conversion: 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 parking lot license restrictions for the gate at the terminus of City View Street at the College of the Holy Cross: 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 2006 Fall Leaf Collection Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication regarding an update of the City’s Leaf Collection 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 2007 Fall Leaf Collection/Street Sweeping Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to Economic Development Initiatives Status Report - January 2008: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication regarding the Economic Development Report for February 2008: 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 an update on the MDC-DCR Cambridge Street Sewer 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 an appeal of the Water Management Act Registration: 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 Keep Worcester Clean Activity Report for the Month of December 2007: 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 legality of the EPA and DEP mandates for 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 City's Compliance with Stormwater Permit Mandates imposed by the Department of Environmental Protection: 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 Stormwater Permit compliance costs: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication regarding a status report on the renovations to the Alderman Chamber: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manger transmitting informational communication regarding the proposed Fiscal Year 2008 Snow Removal Deficit: 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 a new interdepartmental approach to enforcing the ordinance governing snow removal from the city's sidewalks: 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 snow removal from sidewalks abutting State Highways/Roads: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau, transmitting communication relative to Citizen Satisfaction with Municipal Services and Quality of Life in Worcester: 2005 Survey: recommend Communication be placed on file.

Communication of the City Manager recommend City Council Review, Deliberation and Adoption of the Attached Order Authorizing the City to File a Petition with the General Court that will Authorize the City's Retirement Board to Grant a Special Pension to Mark S. Stomski, a City Firefighter who Sustained Life Threatening Injuries in the Line of Duty. (Tabled Under Privilege - Lukes April 1, 2008)

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

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

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

Motion Rosen @ #5a & 5b CC - Request City Manager provide a report concerning what is happening behind the scenes at Worcester Regional Airport.

Motion Haller @ #5a & 5b CC - Request City Manager provide City Council with a report concerning Gardner Kilby Hammond and the ability to fund the 108 loan thru federal earmarks or other revenue sources.

Motion Clancy @ #5a & 5b CC - Request City Manager provide City Council with a copy of the schedule for this summer relative to the repaving of I-290 from off ramp at Southbridge St. to the Vernon Hill overpass.

Motion Clancy @ #5a & 5b CC - Request City Manager remove I-290 Redecking, Redesign of Franklin St. and Grafton St., Route 146-Brosnihan Square/Route 146 Interchange, Route 146-Hurley Square from the Economic Development Monthly report.

Motion Clancy @ #5a & 5b CC - Request City Manager provide City Council with a copy of the RFP for retail space at the Union Station garage and to advise City Council as to how many bidders place bids.

Motion Rushton @ #5a & 5b CC - Request City Manager provide City Council with a report identifying step by step how aggregation and ESCO fit together.

Motion Toomey @ #5a & 5b CC - Request City Manager provide City Council with a copy of the “Wonderfully Worcester” hospitality training program distributed by Destination Worcester.

Motion Haller - Suspension of Rules - Request City Manager contact 1-888-974-JOBS/WWW.1888974jobs.com and take all actions necessary to have unapproved signage removed from city property immediately, including fines.

PETITION - Councilor Rosen on behalf of Timothy Bombard request a “No Parking Zone” in front of 66 James Street.