CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Wednesday, April 7, 2010

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 8:50 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

The Mayor read a Proclamation declaring April 10, 2010 as Rainbow Early Childcare Development Center Day celebrating a Century of Caring. Mayor O'Brien invited Barbara Guthrie to address City Council and Councilor Eddy presented the proclamation to her.

Susan & Brian Amos request the city investigate the cause of the flooding at 164 Flagg St. along Beaver Brook and find a solution for this problem.

James Comforti request to install guardrail in front of 627 Grafton St.

Nils Granfors request sidewalk repair in front of 24 Commonwealth Ave.

David & Lynne Stewart request sidewalk and curb be repaired or replaced in front of 14 Whitney St.

Trever McCarthy request sidewalk repair in front of 14 Commonwealth Ave.

Councilor Joffrey A. Smith on behalf of Richard Levitt request to install a catch basin between 69 and 71 Barry Rd.

John Drahos request Eunice Ave between Clark St. and Fairhaven Rd. be resurfaced.

Kenneth Henderson request sidewalk repair at 12 Summerhill Ave.

Councilor Joffrey A. Smith on behalf of Suzanne Vantre request resurfacing of North Worcester Ave.

Eileen Powers request to remove handicap parking space in front of 17 Reeves St.

Stephanie McLloyd request resident permit parking in Austin St. from Irving St. to Oxford St.

Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.

Transmitting response to a request for Management Letter comments from the last five years that were not fully resolved and repeated in subsequent years and a list of Student Activity Funds that did and did not have supervisory approval of June 30 bank reconciliations.

Transmitting communication relative to schedule of authorized and unissued bonds as of March 31, 2010

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the City Solicitor review the materials submitted to the Committee on Economic Development relative to 1 Tiverton Parkway and determine if these materials are sufficient to substantiate whether or not there is a legally pre-existing conforming use privilege.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the City Solicitor review the materials submitted to the Committee on Economic Development relative to 1097-1099 Pleasant St. and determine if these materials are sufficient to substantiate whether or not there is a legally pre-existing conforming use privilege.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request Dr. Robert Krueger, WPI, to provide the administration with the listing of the preferred tree species recommended by students for the Worcester re-planting effort as the best for eco-benefits.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide the City Council with an impact statement how the March, 2010 rainstorms more severely impacted the city's drainage systems due to the fact that many areas of the Burncoat and Greendale neighborhoods have been stripped of tree cover and their root systems.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX provide the City Council with the details of their security concerns and how they relate to their preference for a bridge instead of a grade crossing across Franklin Street.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX provide the City Council with copies of their traffic circulation plans as well as those offered by Mass DOT.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager report to the City Council whether or not the Putnam Lane overpass will need to be repaired/replaced whether or not the CSX rail yard expansion proposal moves forward.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX bring forward for discussion a different proposal for access to the proposed maintenance facility than the one that utilizes Atlanta Street.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager provide the City Council with a list of businesses that might be negatively impacted it the existing CSX rail yard proposal is implemented.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX provide the City Council with data in support of the economic development that has been incented in areas surrounding other rail yard expansion projects they have implemented in other urban areas such as Atlanta, Cleveland and Chicago.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX to inform the City Council if they would be willing to post a bond for damages to small businesses along Grafton Street caused as a result of the rail yard expansion.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request the City Solicitor provide the City Council with a report detailing any eminent domain powers allowed to railroads.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager request CSX provide the City Council with the plan once considered as part of the rail yard expansion that included the taking of up to 60 properties and the closing of Franklin Street.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager discuss with CSX the possible upgrades to Grafton Street at the I-290 eastbound off-ramp and on-ramp, and the benefits of easy rail yard access and egress while minimally impacting Grafton Street.

FROM THE COMMITTEE ON JOINT PUBLIC WORKS AND PUBLIC SERVICE & TRANSPORTATION - Request City Manager provide the City Council with any options that might be considered for connecting Franklin Street to Shrewsbury Street.

Request City Manager request the Mass DOT, as part of the reconstruction of the Belmont Street Gateway into the city, consider adjusting the timing of the traffic signals at Plantation Street to better accommodate the differences between peak and non-peak hours. (Toomey)

Request City Manager develop a city wide master plan and recommend non tax levy funding for the plan. (Lukes)

Request City Manager report to City Council concerning the status of the Early Retirement Incentive program, and any alternatives that might be adopted locally such as the budget stabilization program inclusive of the Worcester Public Schools. (Petty)

Request City Manager recommend to City Council a trailer truck traffic ban in Mulberry Street between Shrewsbury and East Central Streets. (Palmieri)

Request City Manager report on the location of group homes, shelters and other residential sites, the number of residents, the purchase in the years 2008, 2009 and 2010 of real estate for said housing by tax exempt entities, the purchase price and taxes lost as a result of the purchase. (Lukes)

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Municipal and Neighborhood Services in Worcester 2010.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Attorney Robert Branca on behalf of the Roman Catholic Bishop of Worcester and J & M Family Limited Partnership request the existing BL-1.0 zone at 845, 857 & 865 Main St. be extended to the end of their property line: recommend acceptance of the Report of the Planning Board and the Petition as amended to include a 5' buffer zone and recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to an invitation to a Public Hearing on December 3, 2008 at 6:30 p.m. in the City Council Chamber to discuss the proposed Master Plan for the DCU Center: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Paul P. Clancy Jr. - Request the City Council's Standing Committee on Economic Development have a hearing mid-winter concerning the DCU Master Plan to discuss the priorities of this facility and the input that resulted from the public hearing held on December 3, 2008.: recommend Order be placed on file.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager responding to City Council's request to amend the Zoning Ordinance relative to an inclusion of a temporary moratorium on the erection, enlargement and relocation of wall illuminated, digital and non-accessory signs.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Linda Hultgren request handicap parking in front of 60 Esther St. be removed.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Bert Cimochowski request handicap parking at 198 Dewey St.: recommend the passage of the accompanying proposed Ordinance to provide handicap parking in West Oberlin St. adjacent to 198 Dewey St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Diane Seidler request handicap parking in front of 7 Sylvan St.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Patrick Mulrenin request handicap parking in front of 37 Plantation St.: recommend the passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jean Maney and Evelyn Nabiswa request "No Parking Anytime" signs along Stafford St. to cover from the junction of Henshaw and Stafford Sts. to up to the end 154 Stafford St.: recommend the passage of the accompanying proposed Ordinance to install "No Parking Anytime" in front of 152 and 154 Stafford St..

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Barbara Jansen request parking meters be increased from 15 minutes to one hour in the vicinity of the Court House.: recommend the passage of the accompanying proposed Ordinance to provide for two hour parking meters on the west side of Main St. from Sudbury St. to the southerly extension line of Martin Luther King Blvd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Chapman request resident permit parking in front of 3 & 5 Marston Way, Monday thru Friday, between 7AM - 5 PM.: recommend the passage of the accompanying proposed Ordinance to provide for Resident Permit Parking in the north side of Marston Way from 7am-5pm Monday thru Friday the entire length.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nancy Curtis request changing the parking on Claridge Dr. from One Hour 8:00 am - 5:00 pm to resident permit parking Monday-Friday.: recommend the passage of the accompanying two proposed Ordinance to provide Resident Permit Parking on the east side of Claridge Drive from 8am-5pm Monday thru Friday.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request the traffic light at Queen St. and Chandler St. be modified to include a pedestrian crossing button on the north side of the intersection in the interest of public safety: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Roy Moore et al request to adjust pedestrian crossing signals to allow enough time for pedestrians to cross safely at Lincoln Square: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of George LaConte request the installation of a pre-emption signal device in the traffic signals at Brown Square facing outbound Franklin St. traffic: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Jonathan Koop, President of S & K Valet, in the interest of public safety, request the installation of passenger zones for drop-off and pick-up of passengers at the following business locations from 5pm-2am: in Commercial St. in front of One Exchange Place, in front of 166 Shrewsbury St., in front of 82 Winter St., and in front of 50 Front St.: recommend adoption of the accompanying four (4) Orders.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Canh Ngo et al request bus stop and bus booth be moved from in front of 91 Stafford St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Timothy P. Murray and Councilor Paul P. Clancy, Jr. on behalf of Thomas Curnin request Administrator of the Traffic Engineering Dept. conduct a traffic study of Standish St. & Lamar Ave. and make recommendations for controlling the speed and volume of traffic: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy Jr. on behalf of Rev. Richard Jakubauskas, St. Casimir's Parish request Traffic Engineering Division of Public Works review intersection of Providence & Waverly Sts. and recommend to City Council additional measures including signage and lights that would improve safety for pedestrians in light of the recent accident: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Timothy P. Murray on behalf of Esther Levitt request for administration review traffic & parking at South Flagg St. & Pleasant St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jonathan Koop, President of S & K Valet, request to designate valet meters at 1 Exchange Place for The Citizen, Il Forno and Cigar Masters, Tuesdays thru Saturday from 4:30 P.M. to 2:30 A.M.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Heidi Reyna request Resident Permit Parking on Harrison St.: recommend Petition be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Luis Abreu request Resident Permit Parking on the even side of Hawley St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rosa Alarcon-Salazar request Resident Permit Parking for Strathmore Rd.: recommend Petition be denied.

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Communication of the City Auditor transmitting Reports on Internal Control Over Financial Reporting, Compliance and Federal Awards Programs prepared by Sullivan, Rogers & Company, LLC for the fiscal year ended June 30, 2009. (Tabled - Haller March 23, 2010)

Motion Lukes @ #12a CC - Request City Manager provide a list of billboards and signs that have been granted permits and are in currently in existence.

Motion Petty @ #7a CC - Request City Manager recommend the list of authorized and unauthorized bonds be reviewed and those not needed be removed and further, request City Manager inform City Council if any of the bonds listed will be used for other items.

Motion Petty @ #9d CC - Request City Manager provide City Council with a report concerning the impact of a truck traffic prohibition in Mulberry Street.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with a report regarding the cause of an explosion of a hydrant in Hillcroft Ave and how much damage occurred from this incident.

Motion Petty - Suspension of Rules - Request City Manger consider appointing a district councilor or an appointment from the Mayor to the Airport Advisory Committee.

PETITION - Councilor Joffrey A. Smith request sidewalk repair along the Barry Rd. side of 15 Donna Rd.

Motion Smith - Suspension of Rules - Request the City Manager provide relief for the residents of Rollingwood Dr from flooding of the culvert next to 2 Rollingwood Dr when it rains. Further, request that the City take whatever steps are necessary to get this done including the study, design, funding, and construction of a culvert to replace the existing private one as soon as possible.

Motion Haller Suspension of Rules - Request City Manager provide City Council with a report for the FY2011 budget presentation relative to a two year stabilization plan for police and fire staffing in light of the ending of stimulus funding sources. Mayor O'Brien moved to amend: Further, request City Manager provide a report detailing the impact that has occurred over the last couple of years to various community services and divisions of the police department.

Motion Haller - Suspension of Rules - Request City Manager report to City Council how the police respond to situations involving a murder and why the police act the way they do when conducting an investigation.