CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 11, 2011

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 8:15 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.

PLEDGE OF ALLEGIANCE

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

 

5.

HEARINGS & ORDERS

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.

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

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

 

10.

CHAIRMAN'S ORDERS

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

 

11.

ORDERS

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

 

15.

TABLED ITEMS

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