CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 29, 2011

Esther Howland Chamber

Convened: 7:09 P.M.

Adjourned: 8:47 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of March 15, 2011.

In accordance with Rule 41 of the Rules of City Council, Councilor Joffrey A. Smith requests reconsideration of the vote of City Council taken on March 22, 2011 to Accept and Place on file the REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Andrew Cariglia requesting to change the Winter Parking Ban in Regent St. from both sides to even side only.

PRESENTATION by William J. Ford, City Assessor - "Demonstration of New Assessor's Imagery Software"

PRESENTATION by Joel J. Fontane, Director of Planning & Regulatory Services - "Brief Presentation of Proposed Changes to the Sign Ordinances"

Mayor O'Brien read a proclamation and declared April 3, 2011 as Rock-the-Block for Cancer Awareness Day. Chris Coughlin, Shrewsbury resident appeared and spoke about the event taking place this weekend.

At the beginning of the City Council meeting under suspension of the rules Mayor O'Brien recognized Councilor Toomey who requested to announce that Tim Collins a Technical High School graduate will make his inaugural appearance this week as the Major League Baseball season opens. Tim has been named as a starting line-up pitcher for the Kansas City Royals. His family will be in attendance as he throws his first baseball in a major league game and Councilor Toomey wanted to wish for them to have an exciting time in the stands as their son will have standing on the pitcher's mound. This is another Worcester success story, from our outstanding technical high school.

Anne O'Connor, Chair of the Worcester Planning Board, requesting amendments to the Zoning Ordinance Article VI - Floodplain Overlay District.

Attorney Donald O'Neil on behalf of Rodney Perro request to amend Zoning Map by changing zoning classification of four parcels of land located at 395, 405, 413 and 415 Grafton St. in their entirety and portions of the land at 375 and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0 by extending the BL-1.0 Zone at the intersection of Grafton St and Hamilton St. southeasterly along the easterly side of Grafton St.

Attorney J. Daniel Woodyshek on behalf of Wells Fargo Bank N.A. request to remove a five foot wide strip of land abutting 17 Emery St. which represents a minute portion of the Lachapelle St. right of way from the Official Map.

Grace DeMauro request the City grind the tree stump in front of 67 Trinity Ave.

Lena Shea request removal of dead City tree in front of 20 Barnes Ave.

Daniel Buduo, Jr.and Daniel Buduo, Sr. request Northboro St. be resurfaced.

Elaine Bell request sidewalk repair on the Coral St. side of 89 Harrison St.

Grace DeMauro request sidewalk repair in front of 67 Trinity Ave.

James Ciociolo request sidewalk repair in front of 96-98 Uncatena Ave.

Carol O'Brien and Alberto Pawlowicz request sidewalk repair in front of 15 Eunice Ave.

John Kacevich et al request South Ward St. be resurfaced.

John Kacevich et al request parking only on the odd numbered side of South Ward St.

John Kacevich request Harlem St. from South Ward St. to Millbury St. be made a two way street.

Transmitting Informational Communication Relative to the Sign Ordinance Policy.

Transmitting Informational Communication Relative to the Sign Ordinance as Amended by the Economic Development Committee.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2011.

Transmitting Informational Communication Relative to Fiscal Year 2012 Water and Sewer Rates.

Recommend Adoption of an Order of Taking for a Watershed Land Acquisition.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Family of the Late John W. Spillane, Attorney at Law for the Renovations to Spillane Field Located at the Bailey Prouty Playground.

Transmitting Informational Communication Relative to the Scheduled Community Meetings to Discuss the Master Plan for Improvements to University (Crystal) Park.

Transmitting Amendments to the Draft Tobacco Ordinance for City Council's Review, Deliberation and Approval.

Transmitting Informational Communication Relative to the Fiscal Year 2012 Recertification Process.

Transmitting Informational Communication Relative to Filing an Abatement.

SUPPLEMENTAL: Transmitting Informational Communication Relative to FY2011 Assessment Procedures.

Recommend that Nine Thousand Nine Hundred Thirty Dollars And Sixty Cents ($9,930.60) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of Central Garage equipment.

Recommend that Ninety Seven Thousand Ninety Eight Dollars And No Cents ($97,098.00) be transferred from Account # 91C7111C, Building Rehabilitation Worcester Public School, and appropriated to Account #50C704, School Building Rehabilitation, to pay for services related to various school rehabilitation improvements.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #121-92000, Law Court Judgments, and be appropriated to Account #120-92000, Law Ordinary Maintenance, to provide funding for the remainder of Fiscal Year 2011.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of the Trustees of Clark University, request the discontinuance of Downing St. as a public way from Woodland St. to Florence St. and for the removal of Downing St. from the Official City Map.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting a petition of the Planning Board regarding the Sign Overlay District: recommend passage of the accompanying Proposed Ordinance.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Report of the Economic Development Committee Upon the Communication of the City Manager recommending City Council's review, deliberation and adoption of the Proposed Sign Ordinance Amendment: recommend passage of the accompanying Proposed Ordinance, as amended.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council consider amending the proposed zoning signage ordinance to include a prohibition on the future construction/conversion of free standing non accessory digital and non digital billboard signs in the Blackstone Parkway area and along numbered highways 290 and 190 and primary roadways: recommend Order be given leave to withdraw

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Chairman's Order from Public Health & Human Services Committee - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would regulate exterior signs that advertise the retail sale of tobacco products: recommend Chairman's Order be given leave to withdraw

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Chairman's Order from the Public Health & Human Services Committee - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would include tobacco sale prohibitions in exterior signage along the Blackstone River Parkway corridor: recommend Chairman's Order be given leave to withdraw

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Proposed Sign Ordinance: recommend Communication be given leave to withdraw

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to responses to Chairman's Orders from the Standing Committee on Economic Development Concerning the Proposed Sign Ordinance: recommend Communication be given leave to withdraw.

That a sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C7841M, Parks Improvement Acquatic Demolition, to fund the demolition of various citywide acquatic pools.

COMMUNICATION of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

COMMUNICATION of the City Manager transmitting informational communication relative to the Sign Ordinance Amendments Relative to Billboards. (Tabled - Rushton March 15, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to the Sign Ordinance Presentation that was made to the City Council's Sub-Committee on Economic Development. (Tabled - Rushton March 15, 2011)

PETITION of NATIONAL GRID for conduit location on: HARLEM ST. and WARD ST. (Tabled - Haller March 22, 2011)

Motion O'Brien @ #10.20A CM - Request City Manager request the City Solicitor report to City Council the impact of the proposed tobacco control ordinance will have on existing convenience stores.

Motion Lukes @ #10.20A CM - Request City Manager request the City Solicitor report to City Council any pending lawsuits concerning the proposed ban on the sale of tobacco products.

Motion Toomey @ #10.20A CM - Request City Manager report to City Council the number of stings conducted by the Department of Public Health and what facilities were targeted.

Motion Eddy @ #10.20A CM - Request City Manager provide City Council with a report concerning similar bans on the sale of tobacco products in other Massachusetts communities and if the ban did anything to decrease the percentage of smoking in that community and the impacts of that implementation.

Motion Lukes @ #10.20A CM - Request City Manager report to City Council as to who was notified when the tobacco sale control topic was heard in sub-committee and who was notified for the March 29th City Council meeting.

Motion Haller @ #10.30A CM - Request City Manager provide City Council with maps and information concerning how neighborhoods are defined within the neighborhood delineating process for property valuation purposes.

Motion Lukes @ #10.30A CM - Request City Manager keep City Council updated concerning the progress of the pilot program for determining assessments to properties using the Vision software and request a presentation be made in City Council concerning the status of the assessment process prior to August.

Motion Clancy - Suspension of Rules - That City Manager's calendar item #10.14B concerning Fiscal Year 2012 Water & Sewer Rates will be heard at the City Council's Standing Committee on Public Works meeting on April 13, 2011.

Motion Toomey - Suspension of Rules - Request City Manager investigate the possibility of taking back ownership of 48 Mason St. for the purpose of turning it into a community garden facility. Further, request the City Manager request the Regional Environmental Commission participate in determining the feasibility of such a conversion.

Motion Germain - Suspension of Rules - Request City Manager consider health insurance buyout program whereby employees would be paid to go off the city health plan and onto a plan under a spouse's employment.

Motion O'Brien - Suspension of Rules - Request City Manager provide to City Council for the April 5, 2011 City Council meeting a report concerning details of the GIC like plan.

Motion Palmieri - Suspension of Rules - Request City Manager consider looking at purchasing a second machine for snow removal through the capital outlay.