CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 3, 2011

Esther Howland Chamber

Convened: 7:16 P.M.

Adjourned: 8:35 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 April 12, 2011.

Hearing - MASSACHUSETTS ELECTRIC CO. d/b/a NATIONAL GRID for conduit location : GRAFTON AND RUGBY STS.

Granting permission to MASSACHUSETTS ELECTRIC CO. d/b/a NATIONAL GRID for a conduit location : GRAFTON AND RUGBY STS.

Hearing - CHARTER COMMUNICATIONS for two pole locations: WEST BOYLSTON DR.

Granting permission to CHARTER COMMUNICATIONS for two pole locations: WEST BOYLSTON DR.

Communication of the City Manager transmitting informational communication relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits. (Tabled - O'Brien April 26, 2011)

Mayor O'Brien announced that the City Councils Standing Committee on Finance will meet on May 10, 17, and 24th at 6:00 P.M. to 8:00 P.M. in the Esther Howland Chamber to conduct budget hearings for FY2012 and the City Council will convene at 8:00 P.M for its regular meeting.

Christine Lynch request to make public Wendover Rd.

Domenic Paldino et al request to extend the BL-1.0 zone in Grafton St. to include 762 to 800 Grafton St.

John Budzinski request sidewalk repair in front of 67 Purchase St.

Dean Alexandrou and Diane Karalekas request sidewalk repair along the Sagamore Rd. side of 12 Monadnock Rd.

Michael Erlich request to prohibit parking in Flower Hill Dr. from 4 Flower Hill Drive to Salisbury St.

Daniel Casella request "Deaf Child Area" sign in the vicinity of 18 Doris St.

MASSACHUSETTS ELECTRIC COMPANY D/B/A NATIONAL GRID & NEW ENGLAND POWER COMPANY D/B/A NATONAL GRID for a Grant of Transfer of Joint Right to Use Underground Conduit Location: PROVIDENCE ST, AETNA ST AND CORAL ST.

Request City Manager report to City Council concerning the condition of crosswalks at all schools, and a time line for repainting those which need refurbishing, and replacement.(Toomey)

Patrick Cogley, Regional Inspector General for Audit Services at the Department of Health & Human Services, transmitting communication concerning the audit report for the city of Worcester for the period July 1, 2009 through June 30, 2010.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Louise Faiola request handicap parking in front of 115 Endicott St. be removed: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph O'Brien on behalf of Dino Debartolomeis and the Mass Rehab Commission request to install two additional handicap parking spaces at 359 Main St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request to remove handicap parking space at corner of Walpole St. and 106 Southgate St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Matthew Dupuis request to install handicap parking space in front of 7 Clarkson St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Damary Martinez request to install handicap parking space in front of 23 Larch St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Arlene Robinson request to install one handicap parking space in front of 80 Bjorklund Ave: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nita Sargent request to install handicap parking space in front of 43 Providence St: recommend passage of the accompanying proposed Ordinance to provide Handicap Parking in front of 44 Providence St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Deborah Taylor request to install handicap parking space in the Vinson St. side of 80 Stanton St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Chairman's Order from the Committee on Traffic and Parking - Request the Standing Committee on Traffic & Parking consider amending the Permanent Winter Parking Ban in State St. to a Declared Ban and consider installing resident permit parking in the vicinity of 3 State St. to accommodate residents: recommend passage of the accompanying five (5) proposed Ordinances to provide Resident Permit Parking in front of 3, 5 & 7 State St.; Prohibit Parking on north side of State St. from Main St. to Harvard St. from December 1st to April 1st Permanent Ban; Revise Winter Parking Ban to a Permanent Ban on even numbered side; and Prohibit Parking Monday and Thursday on even numbered side of State St. between 2am and 7am by amending a CBD-5 zone in Schedule XIX.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request residential permit parking from 34-38 William St., exclusive of the buildings, owned by Goldstein, where there is adequate off-street parking: recommend passage of the accompanying proposed Ordinance to revise the Resident Permit Parking on the north side of William St. from Linden St. up and including 38 Williams St. with no exclusions.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Felicio Lana request parking meters in front of 57, 58 and 60 Chatham St. be removed and residential parking be installed: recommend passage of the accompanying proposed Ordinance to provide Resident Permit Parking in front of 57 & 58/60 Chatham St. 8am to 5pm Monday to Friday.

ORDER of Councilor Konstantina B. Lukes - That the ban on the sale of tobacco products be implemented three months from the date of the final Council vote in order for those businesses and entities affected to be able to sell off their current tobacco inventories so as to resolve the negative economic impact of having had to prepay the state sales tax when purchasing those tobacco products and being unable to recoup their costs prior to the tobacco ordinances effective date which would be the date of the Council vote. (Tabled - O'Brien April 26, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Fiscal Year 2012 Water and Sewer Rates: recommend passage of the accompanying proposed ordinance. (Tabled - Lukes April 26, 2011)

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of CSX Transportation, Inc. request to remove Barbara Lane from the Official City Map. (Tabled - Palmieri April 26, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager request authorization to accept a deed of easement for street purposes from CSX Transportation, Inc., in and over a certain parcel of land extending northerly from Grafton St., as shown on Exhibit C and layout and decree the parcel a public way: recommend adoption of the accompanying two (2) Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land extending northerly from Grafton St.; and authorize CSX at its sole expense to design and construct a new way extending northerly from Grafton St. and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out said new street. (Tabled - Palmieri April 26, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to accept a deed of easement for street purposes from CSX Transportation Inc, or its nominee over a parcel of land at the terminus of Foch Ave, and layout and decree the parcel public, as part of the Foch Ave. public street layout: recommend adoption of the accompanying Two (2)Orders to accept deed of easement for street purposes from CSX Transportation, Inc. over a parcel of land at the terminus of Foch Ave.; and authorize CSX at its sole expense to design and construct Foch Ave. from Franklin St. to CSX's property and direct the City Solicitor under the direction of the City Manager to prepare the necessary decree to lay out Foch Ave. as extended. (Tabled - Palmieri April 26, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager recommending City Council Approval for Certain Actions (Petitions E, G and H) Relative to CSX Corporation: recommend passage of the accompanying proposed Ordinance to make one way a portion of Coral St. and recommend approval of Petitions E and G. (see item #13d and 13e) (Tabled - Palmieri April 26, 2011)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager requesting to layout and decree public the existing Foch Ave: recommend approval of Report and Communication (see item #13e). (Tabled - Palmieri April 26, 2011)

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)

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

Granting permission to NEW ENGLAND POWER d/b/a NATIONAL GRID for conduit locations at: CORAL ST, WAVERLY ST, GRAFTON ST, FRANKLIN ST, NORFOLK ST, VILLA NOVA ST, FRANKLIN ST, PLANTATION ST. AND NORTHBORO ST. (Tabled - Palmieri April 26, 2011)

COMMUNICATION - Michael V. O'Brien, City Manager transmitting informational communication relative to the 2012 Budget Impact Statement.

COMMUNICATION - Michael V. O'Brien, City Manager transmitting informational communication relative to Teamsters Union Local 170 - Department of Public Works and Parks - Clerical.

COMMUNICATION - Michael V. O'Brien, City Manager transmitting informational communication relative to Fiscal Year 2012 Budget Recommendation.

PETITION - Councilor Frederick C. Rushton and Councilor William J. Eddy request pot hole in Lanark St. be repaired.

FROM THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES - Request City Manager correspond with the property owners whose properties previously were inoculated against the ALB to inform them that their properties will not be chemically treated by either USDA or DCR in calendar 2011, and to also inform these property owners of the over-the-counter availability and proper timing for the private purchase and application of an ALB inoculants.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Department of Conservation Resources and the United States Department of Agriculture provide sufficient resources for the continued ALB inoculations within the City of Worcester including areas hardest infested with the insect.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Commissioner of Public Works and Parks to report to City Council his opinions with reference to the strategy being employed by DCR and USDA in 2011.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager update the City Council concerning the ALB inoculations that were conducted last year at University and Shore Parks

Motion Toomey - Suspension of Rules - Request the Mayor to issue a Proclamation recognizing the 175th anniversary of the April 24, 1916 Easter Rising events. This would recognize the roots of this community.