CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 28, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:00 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Mayor O'Brien read the certificate of achievement and congratulated everyone for the success of this 2011 baseball season. The Mayor invited City Councilor Rushton to say a few words. Councilor Rushton thanked all the volunteers and players for making this a phenomenal experience. James Marshall and Tucker offered their thanks for this recognition.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of June 14, 2011.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting his self-evaluation for the body of work and accomplishments of his Administration on behalf of City Council and community for Fiscal Year 2011.

Mayor O'Brien read and presented a Proclamation declaring July 20, 2011 as Independence of Colombia Day. At the invitation of the Mayor a Worcester resident who is from Colombia addressed City Council by expressing her thanks for this recognition and the opportunity of sharing her culture through this celebration.

David Gabis, et al request sidewalk repair in front of 39 and 41 Richards St.

Mae Pietal Lindquist request sidewalk repair in front of 41 and 43 Kosta St.

Ralph Cobb request "Right Lane Right Turn Only" in Mountain St. East westbound from Burncoat St. to West Boylston St.

Raymond Mariano, Executive Director Worcester Housing Authority on behalf of residents of Booth Apartments request to remove the four existing handicap parking spaces and install seven new handicap parking spaces located at 13, 17, 33, 72, 79, 82 and 83 Haven Lane.

Michael V. O'Brien, City Manager, transmitting communication relative to Order of Taking - Belmont Street West Transportation Improvement Project.

Amending Chapter 12 Section 23 of the Revised Ordinances of 2008 relative to Sidewalk Snow Removal.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 11 Hillside St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 29 Hollis St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 83 Fox St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking at 16 New Vista Lane (Diagonal Parking)

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 5 Plantation St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 19 Ingleside Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 64 Dover St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 11 Richards St.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide for Handicap Parking in front of 19 Garland St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking Five Feet North of the Driveway Entrance to 125 Brooks St. to a Pt. 20' North of Said Entrance from 8:00 am to 5:00 pm Monday to Friday.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking between the Driveways of 218 to 222 Chandler St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Install Two Hour Parking 8:00 am to 5:00 pm Monday to Saturday in front of 198 to 202 Russell St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind 30 Minute Parking Meters on Front St. between Commercial St. and Franklin St. and Install One Hour Parking 8:00 am to 6:00 pm Monday to Friday.

Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Winter Ban on Birch Hill Rd. from Claridge Rd. to Easterly Dead End from No Parking Both Sides when Declared to No Parking on the Even Numbered Side when Declared.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking in front of #9 Canton St. up to and including #35 Canton St.

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 a Legal Challenge Relative to City's Tobacco Advertising Ordinance. (Tabled - Clancy June 21, 2011 for Executive Session July 19, 2011 at 6:00 P.M.)

COMMUNICATION of the City Manager recommend adoption of the Fiscal Year 2012 Capital Improvement Plan. (Tabled - Clancy June 21, 2011 and to be First Item of Business July 19, 2011)

Councilor Clancy, Chairman of the Public Works Committee, requested the following Two (2) Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the St. Vincent Hospital Cancer Center Project - City Square. (Alteration of Public Street Layout - Eaton St., Front St., Foster St.): recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager request a Public Hearing to Decree Janice Nadeau Way a Public Street: recommend adoption of the accompanying Order.

Councilor Haller, Chairperson of the Public Safety Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager Recommend Adoption of a Resolution to File and Accept Three (3) Grants from the Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant, MA Executive Office of Public Safety and Security Edward Byrne Grant, and the Bureau of Justice Assistance Bulletproof Vest Partnership Program Grant: recommend adoption of the accompanying three resolutions.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend that City Council Rescind Loan Order No. 8.38 QQ from the June 21, 2011 City Council Agenda and Replace with the attached Loan Order in the Amount of Six Million Nine Hundred Fifty Five Thousand Dollars and No Cents ($6,955,000.00) and that this amount be appropriated to Account #91C7802A, Capital Equipment to fund various City-wide Capital Equipment Purchases for Fiscal Year 2012.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend that City Council Rescind Loan Order No. 8.38B from the June 21, 2011 City Council Agenda and Replace with the attached Loan Order in the Amount of Two Million Two Hundred Fifty Thousand Dollars and No Cents ($2,250,000.00) and that this amount be appropriated to Account #91C7412B, Street Resurfacing, for costs associated with Street Re-surfacing Programs.

COMMUNICATION of Michael V. O'Brien, City Manager, that City Council Rescind Loan Order No.8.38R and Replace with the Attached Loan Order in the Amount of Two Million Three Hundred Ten Thousand Dollars and No Cents ($2,310,000.00) and that this amount be appropriated to Account #91C7112A, Citywide Building Rehabilitation, to fund improvements to various Citywide Buildings.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend the Adoption of a Loan Order in the Amount of Six Hundred Thousand Dollars and No Cents ($600,000.00) be appropriated to account #91C7932A, Golf Improvement, to fund costs associated with Re-design and Improvements at Green Hill Golf Course.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend Adoption of a Loan Order in the Amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00 be appropriated to account #91C7842N, Park Improvements, to fund costs associated with Improvements to Greenwood Park.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend adoption of an Amendment to the Salary Ordinance for Local 170, Teamsters - Department of Public Works (DPW) Clerks Bargaining Unit.

COMMUNICATION of Michael V. O'Brien, transmitting informational communication relative to the James Street Bridge Traffic Mitigation Plan.

Motion Petty @ #13j CC - Request City Manager request the Commissioner of Public Work & Parks consider installing a left turn arrow at the intersection of Heard and Stafford Sts.

Motion Petty @ #13j CC - Request City Manager request the Police Chief determine if the traffic problems resulting from the James Bridge reconstruction are a speed or volume issue.

Motion Eddy @ #13j CC - Request City Manager determine if there is the feasibility of utilizing police from other agencies like the sheriff's department at the lights at the intersection of Heard and Stafford Sts. to aid in the moving of traffic during rush hours.

Motion Ruston @ #13j CC - Request City Manager report to City Council for the July 19th City Council meeting if the timeline for the reconstruction James Street Bridge changes.

Motion Toomey - Suspension of Rules - Request City Manager work with the Worcester Public Schools to develop a list of ten schools that need rehabilitation and submit them the Commonwealth's School Building Authority.

Motion Toomey - Suspension of Rules - Request City Manager prepare and file legislation with the Great and General Court that requires skateboarders to wear headgear while riding skateboards anywhere in the Commonwealth.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a report concerning the damage done to Franklin St. as a result of CSX construction.

Motion Eddy - Suspension of Rules - Request City Manager request the Health and Planning Departments report to City Council concerning repetitive construction noise and its impact to resident's long term health.

Motion Eddy - Suspension of Rules - Request City Manager request the City Solicitor report to City Council regarding the noise ordinance as it relates to construction equipment in residential neighborhoods.

PETITION - Councilor Michael J. Germain request to make Phoenix Street a public street.