CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 17, 2011

Esther Howland Chamber

Convened: 6:14 P.M.

Recessed to Finance Committee: 6:26 P.M.
Reconvened into Open Session: 8:44 P.M.
Adjourned: 9:36 P.M.


Mayor
Joseph C. O'Brien

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P. Clancy Jr. William J. Eddy
Michael J. Germain Barbara G. Haller
Konstantina B. Lukes Philip P. Palmieri City Clerk
David J. Rushford
Joseph M. Petty Frederick C. Rushton
Joffrey A. Smith Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR

2.

ROLL CALL - All present except Councilors Germain and Rushton with the Mayor in the Chair. Councilor Rushton arrived at 6:16 P.M.

3.

APPROVAL OF THE MINUTES

3a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of May 3, 2011.

Attachments

Order adopted

 

4.

RECESS TO FINANCE COMMITTEE - (see agenda for Finance Committee)

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Benjamin Tucker request sidewalk repair in front of 21 Buckingham St.

Attachments

Referred to Public Works Committee

 

7b.

Janet Shea et al request Cargill Ave. be resurfaced from Vernon St. to Strathmore Rd.

Attachments

Referred to Public Works Committee

 

7c.

Don Brickman request handicap parking space at 150 Coolidge Rd. be removed.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Don Brickman request handicap parking space be installed in front of 406 Browning Lane.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Jose Burgos on behalf of Betsy Mendez request handicap parking be installed in front of 56 Oread St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting Auditor's Report for April 2011.

Attachments

Referred to Finance Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester hereby cuts from Account #92000 the amount of One Thousand Nine Hundred Twenty Eight Dollars ($1,928.00) from the budget of the Office of the Mayor. (O'Brien)

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Haller, Rushton absent)

 

9b.

FROM THE COMMITTEE ON FINANCE - Request City Manager request his department heads present to City Council a brief statement concerning the impact of the FY2012 Budget on the their department. (Clancy)

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council of any stresses placed on Workforce Central that could result from decreases in state and federal grant funds. (Haller)

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the different ways that could be used to mitigate the costs at Union Station. (Toomey)

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager request the City Solicitor to review a recent appellate court decision that upheld the City of Springfield, Massachusetts local hiring ordinance for city funded construction projects that requires a percent of the projects work force being city residents. (O'Brien, Haller, Rushton, Clancy, Palmieri)

Attachments

Order adopted

 

10b.

Request City Manager provide an update concerning the privately owned open space at Dodge Park. (Palmieri, O'Brien)

Attachments

Order adopted

 

10c.

Request City Manager provide an update concerning the program that would allow residents to purchase cuttings from public trees for firewood generated from the Parks Department. (Palmieri, O'Brien)

Attachments

Order adopted

 

10d.

Request City Manager investigate communities who charge insurance companies for fire responses and consider the feasibility of developing a plan for Worcester to encourage participation in this program and report to City Council. (Toomey)

Attachments

Order adopted

 

10e.

Request City Manager provide a list of fines for false alarms that details those who have paid and those who have not paid the fines. (Toomey)

Attachments

Order adopted

 

10f.

Request City Manager investigates incentives to increase supermarkets in under served neighborhoods. Further, request City Manager consider adding supported zoning that allows for large scale development and adding language to local development plans to indentify potential sites for supermarkets and any other appropriate incentives. (Toomey)

Attachments

Order adopted

 

10g.

Request City Manager work with UMass Medical and St Vincent Hospitals to provide residents who are afflicted with hoarding with appropriate resources inclusive of cognitive therapy and consider developing a program similar to the one utilized in the city of Marlborough which also provides post compliance monitoring. (Toomey)

Attachments

Order adopted

 

10h.

Request City Manager report the definition of any tax shift that may result from the small business tax classification and the manner in which any shift would be allocated to other owners of real estate. (Lukes)

Attachments

Order adopted

 

10i.

SEWER BETTERMENT ASSESSMENT: PINELAND AVENUE

Attachments

Order adopted

 

11.

TO BE ORDAINED

11a.

Amending Chapter 7 Section 16 of the Revised Ordinances of 2008 relative to Water Rates User Charges. (FY 2012)

Amending Chapter 5 Section 26 of the Revised Ordinances of 2008 relative to Sewer User Charge. (FY 2012)

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11b.

Amending Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 7 Clarkson St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11c.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 23 Larch St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11d.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 44 Providence St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11e.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking in front of 57 & 58/60 Chatham St. 8:00 AM to 5:00 PM Monday to Friday.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11f.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 80 Bjorkland Ave.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11g.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 119 Endicott St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11h.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to provide handicap parking in front of 359 Main St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11i.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking in front of 3,5 and 7 State St.

Amending Section 66 of Chapter 13 of the Revised Ordinances of 20008 to rescind prohibited parking on State St. Monday and Thursday, both sides between 2:00 AM and 7:00AM

Amending Section 43A of Chapter 13 of the Revised Ordinances of 2008 to revise the winter ban on State St. the entire length from a permanent ban both sides to a permanent ban on the even numbered side.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the north side of State St. from Main St. to Harvard St. from December 1st to April 1st Permanent Ban.

Amending Section 66 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking Monday and Thursday on the even numbered side on State St. between 2:00 AM and 7:00 AM by amending Zone CBD-5.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11j.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Vinson St. adjacent to 80 Stanton St. (Apartment #7)

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11k.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on Walpole St. adjacent ot 106 Southgate St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

11l.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise the resident permit parking on the north side of William St. from Linden St. up to and including 38 William St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

12.

TABLED UNDER PRIVILEGE

12a.

COMMUNICATION - Michael V. O'Brien, City Manger, transmitting informational communication relative to the Definitions of Property Tax Exemptions and their Budgetary Implications. (Tabled - Lukes May 10, 2011)

Attachments

Placed on file

 

13.

TABLED ITEMS

13a.

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)

Attachments

No Action Taken

 

13b.

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

Attachments

Councilor Haller moved to take the item off the Table. Hearing set for May 31, 2011 - 7:00 P.M.

 

13c.

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 Under Privilege - O'Brien April 26, 2011 & Tabled - Lukes May 3, 2011)

Attachments

No Action Taken

 

14.

NEW BUSINESS UNDER SUSPENSION OF RULES

14a.

Councilor Clancy, Chairman of the Public Works Committee, requested the following Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Order 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: recommend adoption of the accompanying Order

Attachments

Accepted & Adopted

 

14b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to National Grid's 115KV Worcester Cable Project: recommend Communication be placed on file.

Attachments

Accepted

 

14c.

Motion Lukes @ #10h & 12a CC - Request City Manager request the City Solicitor to provide a legal opinion as to how full and fair property assessments, as guaranteed by the Goldstein case, are impacted when a TIF is granted or by implementation of a shift in taxation as a result of a small business exemption by creating a new tax classification.

Attachments

Order adopted

 

14d.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Proposed Certified Project for Vanguard/Saint Vincent Hospital in the CitySquare Development Project.

Attachments

Referred to Economic Development Committee

 

14e.

PETITION - Councilor Joffrey A. Smith on behalf of Robert Perlman request emergency sidewalk repair at 118 Newton Avenue North.

Attachments

Referred to Public Works Committee

 

14f.

PETITION - Councilor Frederick C. Rushton request street resurfacing at the intersection of Moreland Green Dr. and Greenview Lane to repair pot holes.

Attachments

Referred to Public Works Committee

 

14g.

PETITION - Councilor Frederick C. Rushton request street resurfacing in Meadow Lane to repair pot holes.

Attachments

Referred to Public Works Committee

 

14h.

Motion Lukes - Suspension of Rules - Request City Manager provide to City Council a report relative to what would have been the impact of the tax classification vote taken in November 2010 if no TIF projects had been granted.

Attachments

Order adopted