CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, October 11, 2011 | Esther Howland Chamber | Convened: 7:14 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 | |
2. | STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR | |
3. | ROLL CALL - All present with the Mayor in the Chair | |
4. | APPROVAL OF THE MINUTES | |
| | | | | | | | | 4a. | Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of September 27, 2011. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 5a. | Hearing - NATIONAL GRID for pole location: HOLDEN ST.
Granting permission to NATIONAL GRID for pole location: HOLDEN ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
| | | | | | | | | 5b. | Hearing - NATIONAL GRID for a conduit location: HAMILTON ST.
Granting permission to NATIONAL GRID for a conduit location: HAMILTON ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
| | | | | | | | | 5c. | Hearing - NATIONAL GRID for conduit location: HEYWOOD ST.
Granting permission to NATIONAL GRID for conduit location: HEYWOOD ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
| | | | | | | | | 5d. | Hearing - NATIONAL GRID for conduit location: MAIN ST.
Granting permission to NATIONAL GRID for conduit location: MAIN ST. | Attachments | | | Hearing Held & Order adopted | | | | | |
6. | ITEMS OF CITIZEN INTEREST | |
| | | | | | | | | 6a. | Mayor O'Brien moved to suspend the rules to allow residents to speak under Items of Citizen Interest.
Stephen Quist, Worcester resident appeared and spoke concerning a cease and desist order he received from the city concerning political signs posted on his property at 106 June Street. He requested consideration and relief from this order and allow him to keep the signs until after the election. (see item #16e CC)
Scott Ricker, a Worcester resident, who appeared and made a request as to how agendas for public meetings are obtained for those people who do not have online access - The City Clerk responded and the Mayor suggested that he contact his office or the City Clerk's Office for assistance. | | | |
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7. | ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST | |
| | | | | | | | | 8a. | George Mouradian request Bauer St. be resurfaced. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8b. | Mary Perry request the sidewalk and driveway of 64 Hadwen Rd. be repaired | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8c. | Melinda Jenkins request to have the existing resident permit parking be extended to include 35 Eastern Ave. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8d. | Sidney Dorfman request Dean St. be converted to a one-way street in a southerly direction and that Boynton St. be converted to a one-way street in a northerly direction. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8e. | Rosa Mendez request Alpine St. be made one way.
| Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8f. | Rosa Mendez request resident permit parking in Alpine St from 17 Alpine St. to Sterling St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
9. | COMMUNICATION OF THE CITY AUDITOR | |
| | | | | | | | | 9a. | Transmitting Auditor's Report for August 2011. | Attachments | | | Referred to Finance Committee | | | | | |
| | | | | | | | | 10a. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - That the City of Worcester Reliability Performance Report dated September 27, 2011 be transmitted to City Council. (see attachment)
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10b. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager report to City Council when and by which party Northboro St. will be repaved subsequent to NGRID work being completed this year.
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10c. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager obtain a list of those contractors and their contact information working on both the CSX and NGRID east side projects for publication to the general public and residents affected by traffic, noise and construction activity.
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10d. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager report to City Council concerning public notice and postings for street closures in conjunction with the CSX and NGRID east side projects.
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10e. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request the City Manager report to the City Council by the end of November, 2011 answers to the questions concerning repairs to the several private streets and any regrading of private streets affected by the CSX and NGRID east projects. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10f. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request NGRID provide a report to City Council concerning power outages in the northern sector of the city over the past two years and itemize any and all improvements planned for solving these outages.
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10g. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request NGRID provide City Council with an update concerning the ongoing citywide tree trimming project. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 10h. | FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request NGRID inform City Council of the percentage of their infrastructure that is overhead and underground and efforts to move more of their equipment underground.
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11a. | Request City Manager request the Election Commission report to the City Council concerning plans to identify polling locations with translation/interpretation needs and what the plans are that are being put in place to insure adequate multi language capacity at these polling locations. (O'Brien, Haller) | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11b. | SEWER BETTERMENT ASSESSMENT: PLEASANT STREET | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11c. | STREET BETTERMENT ASSESSMENT: DUPUIS AVENUE | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11d. | STREET BETTERMENT ASSESSMENT: ECHO STREET | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11e. | STREET BETTERMENT ASSESSMENT: JULIEN AVENUE | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11f. | STREET BETTERMENT ASSESSMENT: WOODCLIFFE AVENUE | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11g. | STREET BETTERMENT ASSESSMENT: ZOAR STREET | Attachments | | | Order adopted | | | | | |
12. | REPORTS OF THE COMMITTEE ON TRAFFIC & PARKING | |
| | | | | | | | | 12a. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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.: recommend passage of the accompanying six proposed Ordinances. | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12b. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mark Schlickman, M.D. request handicap parking space in front of 23 Fruit St.: recommend passage of the accompanying proposed Ordinance | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12c. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Francis & Sandra McElroy request to install a handicap parking signs in front of 48 Dorchester St.: recommend passage of the accompanying proposed Ordinance | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12d. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard & Lorna Chiras request handicap parking space in front of 61 Dorchester St. be removed: recommend passage of the accompanying proposed Ordinance | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12e. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Mary Jane Rein request to rescind the declared winter parking ban in Regent St. and re place with a permanent winter parking ban: recommend passage of the accompanying three proposed Ordinance to install permanent winter parking ban on odd side and declared winter parking on even side.
| Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12f. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Grogan request installation of resident sticker parking in the odd numbered side of North Ashland St. from Highland St. to Oran St.: recommend passage of the accompanying proposed Ordinance to be in front of 43 and 45 North Ashland St. | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12g. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Amit Garia request resident permit parking on Fruit St. between Pleasant and Cottage St.: recommend passage of the accompanying proposed Ordinance to install Resident Permit Parking on odd side of Fruit St. between Pleasant St. and Cottage St. | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12h. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jennifer Thibault request to install 3-way Stop Signs at the intersection of South Flagg St. and Sherwood Rd.: recommend passage of the accompanying proposed Ordinance to install one stop sign in Sherwood Rd. where it intersects with South Flagg St. | Attachments | | | Voted to advertise proposed ordinance | | | | | |
| | | | | | | | | 12i. | REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Kacevich request Harlem St. from South Ward St. to Millbury St. be made a two way street.: recommend passage of the accompanying proposed Ordinance. | Attachments | | | Voted to advertise proposed ordinance | | | | | |
13. | CHAIRMAN'S PROPOSED ORDINANCE | |
| | | | | | | | | 13a. | FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on both sides of Harlem St. from South Ward St. to Millbury St.
| Attachments | | | Voted to advertise proposed ordinance | | | | | |
14. | TABLED UNDER PRIVILEGE | |
| | | | | | | | | 14a. | ORDER of Councilor William J. Eddy, Councilor Frederick C. Rushton, Councilor Kathleen M. Toomey, Mayor Joseph C. O'Brien, Councilor Konstantina B. Lukes, Council Michael J. Germain, Councilor Barbara G. Haller, Councilor Joffrey A. Smith - Request City Council adopt a proposed Ordinance amending Chapter 12, Section 23 of the Revised Ordinances of 2008 relative to Sidewalk Snow Removal. (Tabled - Clancy October 4, 2011)
| Attachments | | | Councilor Eddy moved to withdraw the proposed ordinance and submitted an amended proposed Ordinance for consideration as follows:
AN ORDINANCE AMENDING CHAPTER TWELVE SECTION TWENTY-THREE OF THE REVISED ORDINANCES OF 2008 RELATIVE TO SIDEWALK SNOW REMOVAL:
Be it ordained by the City Council of the City of Worcester, as follows:
Chapter 12, § 23 of the Revised Ordinances of the city of Worcester is hereby amended by deleting subsection (a) thereof in its entirety and inserting in lieu thereof the following new subsection (a) as follows.
(a) The owner or occupant of land which is bounded by any street, including state highways, whereon there is a sidewalk shall within ten hours after any winter storm, cause all snow, ice or other forms of freezing precipitation to be removed from such sidewalk to a width of not less than four feet for the entire distance that the sidewalk abuts the land. After shoveling, to the extent that snow, ice or freezing precipitation shall remain on any sidewalk required to be shoveled by this section, the owner or occupant shall treat the same with sand, salt or other suitable material. This Ordinance shall not apply to sidewalks abutting the rear lot line of any property along a state highway which is maintained by the state as the same shall from time to time be identified and published by the commissioner.
Councilor Petty moved to disclose that his home abuts a state highway but it does not have a sidewalk.
Voted to Advertise proposed ordinance as amended
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| | | | | | | | | 15a. | 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 | | | | | |
| | | | | | | | | 15b. | RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011) | Attachments | | | No Action Taken | | | | | |
| | | | | | | | | 15c. | ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011) | Attachments | | | No Action Taken | | | | | |
| | | | | | | | | 15d. | RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011) | Attachments | | | No Action Taken | | | | | |
16. | NEW BUSINESS UNDER SUSPENSION OF RULES | |
| | | | | | | | | 16a. | Councilor Rushton, Chairman of the Economic Development Committee, requested the following Report be submitted for consideration:
REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending City Council's review, deliberation and approval of the City's application for a HUD Section 108 Loan Guarantee for Insignia Athletics, LLC for 60 Fremont Street for the purpose of the company's expansion and growth plans: recommend adoption of the accompanying Resolution. | Attachments | | | Accepted & Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | |
| | | | | | | | | 16b. | 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 Petition of Joe Luu request to extend a sanitary main on Acton St. approximately 95' from where Acton St. intersects with Arthur St. westerly at the petitioners expense and subject to a prior agreement: recommend adoption of the accompanying Order. | Attachments | | | Accepted & Adopted | | | | | |
| | | | | | | | | 16c. | REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Konstantine Angelis of AET Realty Trust request to extend a sanitary main in Pocassett St. approximately 130 feet in an easterly direction, all at the petitioner's expense and subject to a prior agreement: recommend adoption of the accompanying Order. | Attachments | | | Accepted & Adopted | | | | | |
| | | | | | | | | 16d. | Motion Clancy and Palmieri - Suspension of Rules - Request City Manager consider subjecting all properties to a personal on-site viewing when undertaking the independent review of properties for assessment purposes. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 16e. | PETITION - Stephen Quist request consideration and relief from a cease and desist order concerning political signs posted in his property at 106 June St. and request the signs be allowed to stay until after the election. | Attachments | | | Referred to City Manger | | | | | |
| | | | | | | | | 16f. | Motion O'Brien @ #11a CC - Request City Clerk provide City Council with a report concerning the success of the placement of students with a second language skill at the polling locations. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 16g. | Motion Rushton and Germain - Suspension of Rules - Request City Manager communicate with the new president of Holy Cross College concerning whether or not they are considering athletic league expansion and how the city could facilitate the needs of Holy Cross in this expansion such as access to facilities like the DCU center which in turn this could spin off into possible downtown economic development. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 16h. | Motion Rushton - Suspension of Rules - Request City Manager consider building an outdoor skating rink at East Park or Crompton Park and partner with the Carpenters Union or the District Attorney's Diversion Program for maintenance. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 16i. | Motion Toomey - Suspension of Rules - Request City Manager request the Superintendent of Worcester Public Schools respond to a previously voted request for a list of schools submitted to the School Building Assistance Council for both the 2011 and 2012 round. Further, request the Superintendent consider creating a Building Sub-Committee comprised of parents, business, educators and city administration. | Attachments | | | Order adopted | | | | | |
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