CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 9, 2008

Council Chamber

Convened: 6:10 P.M.

Adjourned: 10:41 P.M.

Mayor
Konstantina B. Lukes

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Hearing - FIBER TECHNOLOGIES NETWORKS, LLC request permission to install and maintain fiber optic telecommunication facilities at 300 GROVE STREET.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC to install and maintain fiber optic telecommunication facilities at 300 GROVE STREET

Mayor Lukes read a proclamation proclaiming September 2008 as National Emergency Preparedness Month. Councilor Rosen presented the proclamation to Sue Billings of the local chapter of the American Red Cross.

Eugene Miraka request tree in front of 31 Valley Hill Drive be removed.

James & Yvonne Miller et al request to install sewers in Dominion Road from Plantation St. to Lake Avenue North.

Donna Saucier et al request to make public Parkton Ave.

Claire Baker request to make public Eames Rd.

Dawn Clark, et al request private street conversion for Rodby St.

Kevin Ksen request City Council's Standing Committee on Public Safety fully review the citizen complaint investigation files the City Manager recently provided the Worcester Telegram & Gazette.

Margaret Pottle request sidewalk repair in front of 53 Mary Ann Dr.

Howard Schwerdlin request to repair/replace sidewalk in front of 40 Chippewa Rd.

Kevin Richard request private street maintenance in Bird St.

Eduart Sanxhaku request sidewalk repair in front of 180 Ingleside Ave.

Eduardo Fonseca request sidewalk repair in front of 101 Gage St.

Stuart Borsch request private street maintenance in Topsfield Rd.

Anselmo Gonzalez et al request street resurfacing in Heath St.

Councilor Joffrey A. Smith request resurfacing of Lansing Ave. from Holden St. to Grove St.

Councilor Joseph M. Petty on behalf of Agnes McGrath request repair of sidewalks in front of 16 Creswell Rd.

Councilor Joseph M. Petty request repair of sidewalks in both sides of the entire length of Creswell Rd.

Councilor Joseph M. Petty request Cowden St. be repaved.

Councilor William J. Eddy request Edlin St. be repaved.

Eugene Miraka request sidewalk repair at 31 Valley Hill Dr.

Hope & Esther Abisamra request abatement of street assessment #24741 in the amount of $3,000.00 for Sunderland Terrace.

Lawrence A. & Suzanne T. Sullivan request abatement of street assessment #24712 in the amount of $12,000.00 for Maranda St.

John & Alice Pellerin request abatement of street assessment #24713 in the amount of $13,966.40 for Maranda St.

Cassie Stewart & Margaret Hall request abatement of street assessment #24738 in the amout of $5,970.00 for Sunderland Terrace.

Thomas Ventura request sidewalk repair at 226 Mountain Street East.

Dionysios Kaloudelis et al request Timrod Dr. be repaved.

Susan Rasco request abatement of street betterment assessment #24739 in the amount of $5,623.50 for Sunderland Terrace.

Stuart Borsch request private street betterment for Topsfield Rd.

Rebecca James request private street maintenance on Weldon Ave.

Councilor Philip P. Palmieri request reconstruction of sidewalks on the southerly side of Randolph Rd. from Burncoat St. to Bayberry Rd.

Donna Saucier request private street betterment on Parkton Ave.

Kathleen Huntington request to install pedestrian crossing signs on the corner of Pleasant St. and Hudson St.

Michael Hargrove request removal of handicap parking space at the corner of June St. and Deering Dr.

Charles Asomaning request to remove handicap parking space in front of 27 Standish St.

Elizabeth Noone request the black and white "Stop Line" sign be replaced with a Stop sign in Mt. Vernon St. as it descends into Channing St. and install a Stop sign in Mt. Vernon St. as it ascends into Channing St.

Briana Hall request a review of the parking issues on Brittan Lane, a private street, for solutions concerning resident parking due to employees of the hospital monopolizing the street and who also do not allow access for emergency vehicles and blocking of hydrant.

Gerald Bousquet request removal of bus stop pole in front of 39 Richmond Ave.

Mariola Wasiewicz request removal of handicap parking signs in front of 10 Strathmore Rd.

Dr. Ponciano Salazar request the bus stop located in front of Webster Square Animal Clinic at 1108 Main Street be relocated.

Francis Walkowiak on behalf of Janice Hinson request handicap parking in front of 6 Berkeley St.

Julie Bouchriha on behalf of Mahrez Bouchriha request handicap parking on the Pilgrim Ave. side of 10 Bedford Ave.

Richard Powers request to install handicap parking space in front of 61 Seymour St.

Carlos Acevedo request to install handicap parking space for 67 Everard St.

MASSACHUSETTS ELECTRIC COMPANY for a pole location in: LINCOLN ST.

Transmitting Informational Communication Relative to the Worcester Small Business Guide.

Transmitting the Economic Development Report to Retain and Recruit Small Businesses for the Month of September 2008.

Transmitting Informational Communication Relative to an Update on the City's Climate Action Plan (CAP).

Transmitting the Monthly Economic Development Initiatives Status Report for the Month of September 2008.

Transmitting Informational Communication Relative to the 2009 Worcester Cultural Commission's Re-Granting Program.

Recommend City Council's Adoption of the Attached Resolution to File and Accept the FY2009/2010 Appropriated MCAS Grant from the Department of Elementary and Secondary Education.

Recommend City Council's Adoption of the Attached Resolution to File and Accept a Grant from the US Department of Labor, Employment and Training Administration for a FY2009 through FY2012 Stem Grant.

Transmitting Informational Communication Relative to the National Pollutant Discharge Elimination System (NPDES) Permit for the Upper Blackstone Water Pollution Abatement District (UBWPA).

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Rain Storm of September 6 & 7, 2008.

SUPPLEMENTAL: Transmitting the Environmental Protection Agency's (EPA) Official Draft Stormwater Permit for Worcester.

Transmitting Informational Communication Relative to an Update on the Restoration of the Worcester Common and the Front and Sides of City Hall.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Green Hill Park Coalition Board of Directors.

Recommend that City Council Accept with Gratitude, the Donation of a Painting to the Worcester Fire Department from David and Patricia O'Hearn.

Recommend that City Council Accept with Gratitude a Donation of Blankets for the Franklin Street Fire Station from Berkshire Blankets, Inc. of Ware, MA.

Recommend City Council's Adoption of a Resolution to File and Accept a Senator Charles E. Shannon, Jr. Community Safety Initiative Grant through the Massachusetts Executive Office of Public Safety and Security to Target Youth Violence.

Transmitting Informational Communication Relative to Complaints of Fireworks in the Vicinity 372 Mill Street.

Transmitting Informational Communication Relative to the Number of Shoplifting Offenses in the Past Two Years and the Types of Articles Stolen and theType of Store/Establishment that was Affected.

Transmitting Informational Communication Relative to Information Gleaned from the City of Boston Police Department Concerning their Protocol for Street Vendors.

Transmitting Informational Communication Relative to the Status of the Demolition at the Former St. Vincent Hospital Site.

Recommend that City Council Accept with Gratitude a Gift of Two Hundred Dollars ($200.00) from the Worcester Community Action Council to Support the Work of the Office of Human Rights.

Recommend Adoption of a Resolution to File and Accept a Continuation of Grant Funds from the Centers for Disease Control/MA Department of Public Health's Emergency Preparedness Bureau.

Transmitting Informational Communication Relative to the City's Response to Deter the West Nile Virus.

Transmitting Informational Communication Relative to the Expansion of Hours of Service at the Worcester Public Library.

Transmitting Informational Communication Relative to the Needs of Veterans and how they may Gain Access to the Services Available to them.

Transmitting Informational Communication Relative to the Scrap Metal Ordinance.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C741, Street Construction, 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 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 future obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C743, Washington Square, to fund current and future obligations.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C745, Sewer Construction, and appropriated to DPW Account #44C761, Surface Drainage to allow for the payment of current and future obligations.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C732, Sewer Control Plan, to allow for the payment of a current invoice and future obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) 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 Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C727, Franklin Street Fire Station, and be appropriated to DPW Account #41C726, Franklin Street Fire Station, to allow for the payment of on going contractual obligations.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #68C701, Technical Services Capital Equipment, to purchase network equipment.

Recommend that Seven Thousand Eight Hundred Twenty Four Dollars And Twenty Cents ($7,824.20) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, for the purchase of a network switch.

Recommend that Eleven Thousand Eight Hundred Ninety One Dollars And No Cents ($11,891.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, for the purchase of a thermal imaging camera .

Recommend that Seven Hundred Fifty Thousand Five Hundred Dollars ($750,500.00) be transferred from Account #91C780, Capital Equipment, and appropriated to Account #25C701, Police Department Capital Equipment, when and as received, to purchase various pieces of Police capital equipment as approved in fiscal 2009 Capital Improvement Program.

Recommend that Five Thousand Nine Hundred Seventy Seven Dollars And Ninety Eight Cents ($5,977.98) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated, when and as received, to Water Account #45C703, Water Capital Equipment, to allow for the purchase of six computers.

Recommend that Twenty Five Thousand Eight Hundred Eighty Seven Dollars And Fifty Cents ($25,887.50) be transferred from Loan Account #91C784, Park Improvements, to Parks Account #72C702, Parks Improvements for the Cookson Field Project.

Recommend City Council approval to pay Seventeen Thousand Eight Hundred Seventy Five Dollars And Eighty Nine Cents ($17,875.89) from Account #470-92000, Airport Ordinary Maintenance, to pay for a prior year invoice.

Recommend that One Thousand One Hundred Sixty Five Dollars And Eighty Cents ($1,165.80) be transferred from Account #330-07 Reserved for Appropriation Damage Settlement, and be appropriated to Account # 280-92000, Inspectional Services Ordinary Maintenance, to fund the repairs to an Inspectional Services vehicle damaged in an accident.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #255-06, Deposit Recording Fee, and be appropriated to Account #120-92000, Law Department Ordinary Maintenance, to fund a receivership for the property located at 103 Holden Street.

Recommend that Twenty Dollars And Four Cents ($20.04) be authorized from Fiscal Year 2009 Airport Ordinary Maintenance Account #470-92000, to provide funding for the purpose of payment for a prior year invoice.

Request City Council authorization to pay prior years invoices totaling Six Hundred Forty Seven Dollars And Nine Cents ($647.09) for copy machine repairs, laboratory supplies and the installation of a radio antenna.

Transmitting Informational Communication Relative to the Appointment of an Acting City Treasurer and Collector of Taxes.

Transmitting Informational Communication Relative to the Winslow Park Ribbon Cutting Ceremony.

Tranmitting Informational Communication Relative to the "Clean Team" Fall Neighborhood Cleanup in the Chandler Street Neighborhood.

Transmitting Informational Communication Relative to the Asian Longhorned Beetle

SUPPLEMENTAL: Transmitting Informational Communication Relative to Funding for the Asian Longhorned Beetle Eradication Program.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Direct Air, the New Commercial Airline Service at Worcester Regional Airport.

Transmitting the July 2008 Auditor's Report.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Director of Elder Affairs provide City Council with a description of the efforts being made to increase the diversity of program participants at the Senior Center.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager explore the possibility of acquiring outside volunteer assistance to create an outdoor congregating space for Senior Center participants.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager update City Council concerning the efforts to attract additional tenancies to the Senior Center facility.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide the City Council with information concerning efforts being made by local agencies and utilities such as the Community Action Council towards making emergency fuel assistance more widely available to local residents in light of the exorbitant home heating fuel costs being imposed this year.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Director of Public Health provide City Council with calendar 2007 Worcester teen birth data, when available.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to provide City Council with results of a traffic study and recommendations in response to the petition to make public a portion of Harding St.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to install speed enforcement surveillance in Prouty Lane.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to review and recalibrate the pedestrian/traffic lights at the corner at Main and Madison Streets in the interest of public safety.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks to install appropriate signage in the interest of public safety at the Park Avenue and Elm Street intersection.

Request City Manager consider amending the present Department of Public Works and Parks’ policy of requiring 48-hour advance notice for bulk drop-off at their Millbury Street site, requiring appointments, and requiring an itemization of all pieces to be disposed. Further, request that the price schedule be reviewed for possible reductions, all in the interest of encouraging ease of use of the service. (Haller)

Request City Manager provide City Council with a draft ordinance that prohibits the unsolicited deposit of advertising or directory materials on personal and/or public property. (Haller)

Request City Manager provide City Council with a strategy to convert the Worcester Police Department to a precinct-based system. (Haller)

Request City Manager provide City Council with a strategy to stabilize police staffing levels over the long haul. (Haller)

Request City Manager report to City Council concerning his plans for expending the $180,000.00 he recommended be appropriated to the City Manager's Contingency Fund during the last budget season. (Rushton, Germain, Rosen)

Request City Manager report to City Council the number of city employees who are authorized to use a city-owned vehicle 24/7, stating the reasoning behind such authorization, and the number of employees authorized to use vehicles in this manner who reside outside the City of Worcester. (Rushton)

Request City Manager report to City Council concerning the internal policy and procedure that is invoked when not-for-profits request to remove real estate from the tax rolls. (Petty)

Request City Manager request the Chief of Police to install speeding surveillance in Canterbury Street near the intersection with Gardner Street in the interest of public safety. (Haller)

Request City Manager provide City Council with statistics concerning the number and type of traffic accidents in the vicinity of Canterbury and Gardner Streets during the past full one year. (Haller)

Request City Manager consider challenging his administrators to reduce their departmental gasoline consumption by one-third. (Rushton)

Request City Manager to request the Superintendent of the Worcester Public Schools to similarly join the challenge of reducing gasoline consumption by one-third. (Rushton)

Request City Manager provide City Council with a report detailing the fees charged in other urban communities for licenses and permits. (Toomey)

Request City Manager pursue the MassHighway Department concerning development of a parcel of state owned property in the vicinity of Mattson Avenue and bounded by I-190 and Indian Lake, comprising 4.2 acres and known as 149 West Boylston Drive, possibly for future recreational amenities for residents of that area. (map enclosed) (Palmieri)

Request City Manager report concerning the feasibility of the purchase of wood burning furnaces for the purpose of generating energy from trees including diseased trees. (Lukes)

Request City Manager report to City Council concerning actions taken and being taken to secure private non-profit and for-profit institutions' fiscal support, especially our tax-exempt colleges and universities, to keep all nine (9) city swimming pools open and up to current building and maintenance standards. (Haller)

Request City Manager provide City Council with a breakdown of the repairs that would be accomplished with the $80,000 allocated towards refurbishing the Providence Street Fire Station. Further report whether or not the cost of these repairs might better be afforded by having them done over multiple years. (Rosen)

Request the City Council of the City of Worcester adopt a resolution for going on record in opposition to Question 2 ballot referendum that will decriminalize possession of small amounts of marijuana. (Haller)

Request the City Council of the City of Worcester waive requirements for hearings and assessments of sidewalk reconstruction petitions for main arterial ways. (Clancy, Palmieri)

Request the City Manager advise the City Council concerning the feasibility of enacting an ordinance that would require pharmacies in the city selling products that contain needles, sharps and/or lancets to provide on-site appropriate collection boxes so that these items may be returned directly to the point of original purchase. (Rosen)

Request City Manager consider an interagency task force to include but not limited to Inspectional Services, Public Health Division, Economic Development, Hope Coalition Great Brook Valley Health Center, Central Mass for Healthy Communities, Mass Municipal Association, Oak Hill CDC, St Vincent Hospital, Worcester Tobacco Free Partnership to rewrite the City signage ordinance so that it clearly defines temporary signs and is enforceable and to explore the regulation of the number of tobacco permits issued each year as well as increase establishment penalty fees for selling to minors. (Palmieri, Haller)

Request City Manager report to the City Council concerning all structural fire responses from each station during the past three years.(Clancy)

Request City Manager conduct a traffic survey for speed in the area of 547 Cambridge St. (Lukes, Haller)

Request City Manager recommend a protocol for city oversight of funds/services generated, provided and donated by private sector entities to the City. (Lukes)

Request City Manager report on the significance and consequences of a preliminary Census estimate and further, report on the appeal process and the need to appeal the most recent preliminary U. S. Census estimate. (Lukes)

Request City Manager investigate and recommend to the City Council a program for safer street cross-walking that includes the installation of illuminated crosswalks. Said investigation should center around the various types of technologies available for installation in the New England climate, ratings for safety effectiveness and costs of installation and maintenance per location. (Toomey)

SEWER BETTERMENT ASSESSMENT: PERKINS ST.

SEWER BETTERMENT ASSESSMENT: TRENT RD.

SEWER BETTERMENT ASSESSMENT: WESTMINSTER ST.

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

#12b CC February 26, 2008 Order of Councilor Paul P. Clancy, Jr. and Mayor Konstantina B. Lukes requesting City Council's Standing Committee on Finance meet with a representative from Sullivan & Rogers, LLC for an exit interview on latest audits.

That the City Council of the City of Worcester hereby objects to the proposal to additionally increase tolls on the Massachusetts Turnpike to defray costs for highway construction within the City of Boston and areas north and south of the city. (Petty)

REPORT OF THE PLANNING BOARD Upon the Petition of Heather Nejaimey request zone change from RL-7 to RG-5 for 4, 6 and 18 Christine St.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending adoption of the Proposed Zoning Ordinance Amendment - Grafton St. and Quinsigamond Village Parking Overlay Districts.

REPORT OF THE PLANNING BOARD Upon the Petition of Sheila Bissonnette request to widen Lake Ave. North from house #175 up to and including the portion of Natural History Dr. ending at Plantation St.

REPORT OF THE PLANNING BOARD Upon the Petiton of Grace Dinardo request to make public Dana Ave.

REPORT OF THE PLANNING BOARD Upon the Petition of Andrew LaFlamme et al request private street conversion of Dominion Rd.

REPORT OF THE PLANNING BOARD Upon the Petition of Peter Tomaiolo request Echo St. be converted to a public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Kris & Wayne Burgess request private street conversion of Glendale St.

REPORT OF THE PLANNING BOARD Upon the Petition of Peter Tomaiolo request Julien Ave. be converted to a public street.

REPORT OF THE PLANNING BOARD Upon the Petition of Todd Ostrokolowicz request to make public a portion of Quissett St. from Iroquois St. to the existing public portion of Quissett St.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Gardner Kilby Hammond (GKH) Project 108 Debt Service Obligation: 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 results of a survey given to Senior Center participants: 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 tenants and leased space in 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 long-range resources necessary to increase/improve services to our burgeoning senior population: 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 uses of grant award funds for substance abuse prevention: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of David J. Rushford, City Clerk, transmitting communication relative to teen birth rates: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Marshall & Sharon Gaylord request abatement of street betterment assessment #24675 in the amount of $9,056.32 in Chino Ave.: recommend adoption of the accompanying order to abate to $2,034.03.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Yasmine Acevedo request abatement of street betterment assessment #24706 in the amount of $10,210.00 on Seattle St.: recommend adoption of the accompanying Order to abate to $6,026.46

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony J. & Stephen T. Lanava request abatement of street betterment assessment #24687 in the amount of $7,854.93 in Chino Ave.: recommend adoption of the accompanying Order to abate to $1,451.44.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Bettye Mograss request abatement of sewer betterment assessment #31037 in the amount of $912.00 in Shepard St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carla Clark request abatement of sewer assessment #31036 in the amount of $1,843.38 in Shepard St.: recommend adoption of the accompanying Order to abate in full.