CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 22, 2011

Esther Howland Chamber

Convened: 7:30 P.M.

Adjourned: 9:32 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 November 1, 2011.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location: SALISBURY ST.

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location: SALISBURY ST.

Hearing - NATIONAL GRID for a conduit location: DRAPER ST.

Granting permission to NATIONAL GRID for a conduit location: DRAPER ST.

In accordance with Rule 41 of the Rules of City Council, Councilor Paul P. Clancy, Jr. and Councilor Kathleen M. Toomey request reconsideration of the vote of the City Council taken on November 15, 2011 relating to item #12c regarding an Order of Mayor Joseph C. O'Brien as amended by Councilor Paul P. Clancy, Jr., Councilor Frederick C. Rushton and Councilor Joseph M. Petty requesting that the City Manager organize a meeting between the Occupy Worcester group and designees from the city manager's office, police department and the law department to clarify and discuss the rules and regulations of the city that are in place concerning any public assembly and respond to their requests for information and further, request the meeting take place within 24 to 48 hours. Further, request City Manager provide City Council with a report addressing the questions submitted by the Occupy Worcester group so the answers can be disseminated publicly through the City Council process. Further, request the report be also provided electronically off-calendar by tomorrow for the requested meeting.

Mayor O'Brien recognized Todd Salmonsen, a Worcester resident. He spoke relative to a comment made at a School Committee meeting that their meetings would be held in places other than City Hall because of their concern to safety since parking will not be allowed in the garage during its repair. Mayor O'Brien spoke to set the record straight that he feels the downtown is safe and the meetings are being held at other locations for a number of other reasons. Councilor Clancy supported the Mayor in his assessment of the safety of downtown.

Mayor O'Brien recognized Mesfin Beshir, a Worcester resident to speak. Mr. Beshir requested that people should not be blind or deaf when injustices occur in the community and he feels Worcester is a great place to live.

Carl R. Freedman, President of United Barrel and Cooperage Company, request to extend the MG-20 zone to include 29 Lyon St.

Lawrence and Dawn Johnson request sidewalks along Howland Terrace be changed from asphalt back to their original material of concrete.

Councilor Paul P. Clancy, Jr. request sidewalk repair on the eastern side of Providence St. between Holcombe St. and Vernon Hill School.

Councilor Paul P. Clancy, Jr. request sidewalk repair on the western side of Greenwood St., between Tatman St. and Forsberg St.

Thomas Noone, et al request Dellwood Rd. be repaved.

Gary J. Vecchio request to rescind handicap parking space in front of 17 Caprera Rd.

Tania Marcano request to install handicap parking space in front of 14 Harlow St.

Cara Lisa Berg Powers, Human Rights Commission, request the city to establish a new plan to end homelessness.

Cara Lisa Berg Powers, Human Rights Commission, request the City to sign on to the national "Drop the I-Word" campaign to replace the word illegal when referring to any human being's immigrant status with "undocumented"

Transmitting Auditor's Report for October 2011.

#9a CC June 14, 2011
Communication of the City Auditor transmitting Auditor's Report for May 2011.

#12a CC July 19, 2011
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended December 31, 2010 for the Worcester Retirement System.

#13a CC September 6, 2011
Communication of the City Auditor transmitting Auditor's Report for July 2011.

#9a CC October 11, 2011
Communication of the City Auditor transmitting Auditor's Report for August 2011.

#8a CC October 18, 2011
Communication of the City Auditor transmitting Auditor's Report for September 2011.

#8.24A CM October 25, 2011
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2012 1st Quarter Budget Report of Revenues and Expenditures.

#10a CC October 25, 2011
Communication of the City Auditor transmitting the certification letter from the Department of Revenue relative to Notification of Free Cash Approval for general fund expenditure in fiscal 2012 and the city's enterprise funds.

Gerald Bell, Community Services Unit Manager for the Department of Housing & Community Development, transmitting the 2011-2012 Fuel Assistance - Cold Relief brochure.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Worcester Settles with its Unions: A Review"

The Bridge of Central Massachusetts transmitting communication regarding their 2011 Annual Report.

Michael V. O'Brien, City Manager, transmitting an update regarding the disposition of the historic Fire Alarm & Telegraph Building located at 230 Park Avenue.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Donald O'Neil, Attorney for Rodney Perro, request to amend the zoning map by changing the zoning classification of four parcels of land located at 395, 405, 413 and 415 Grafton St. and portions of the land located at 375 and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0; by extending the BL-1.0 Zone at the intersection of Grafton St. and Hamilton St. southeasterly along the easterly side of Grafton St: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager recommending approval to discontinue a portion of the area between the sidewalk of Foster St. and the railroad that abuts Union Station pursuant to Mass. General Law, Chapter 40, Section 15, 15A: recommend approval on the condition that the property be transferred to the City Manager for transfer to the Worcester Redevelopment Authority.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Brookline St. within the Avery Estates subdivision, be made public: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Wyola Drive, within the Avery Estates subdivision, be made public: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Stacey Forget, Attorney on behalf of Avery Investment Properties, LLC request Avery Path, within the Avery Estates subdivision, be made public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager request to change a Private Right of Way (Arboretum Drive) to a public street and to rename this public street, Plantation Parkway: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager recommending City Council approve a Decree to Change a Private Right-of-Way (Arboretum Drive) to a Public Street and to Rename this Public Street, Plantation Parkway: recommend adoption of the accompanying Order naming the private right of way, known as Arboretum Drive, Plantation Parkway.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Robert Longden on behalf of Worcester Academy request to release all rights, title and interest to parcels of land located at 0 Providence St. and 25 Winthrop St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jane A. Sargentelli request handicap parking space in front of 19 Sturgis St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anastasia Gorenxa request handicap parking signs in front of 1011 Pleasant St. be removed: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Edward Quezada request handicap parking sign located at 44 Providence St. be relocated a little further up the street: recommend passage of the accompanying proposed Ordinance to relocate handicap parking sign in front of #40 Providence St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sandra Patricia Seith request to install handicap parking space in front of 45 Parsons Hill Dr.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gilbert & Florence Markarian request to install handicap parking space in front of 15 Enfield St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Stevens request to install handicap parking space in front of 4 Lund St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gualberto Montalvo & Chatilde Gonzalez et al request to install two (2) handicap parking spaces in front of 158 Chino Ave.: recommend passage of the accompanying proposed Ordinance for one handicap parking space.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Pagonis-Diaz request handicap parking space in front of 83 Russell St. be removed: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Sieurin request to remove the handicap parking space in front of 539 Burncoat St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tho Tran request to install handicap parking space in the Maywood St. side of 2 Stevens Rd.: recommend passage of the accompanying proposed Ordinance for a handicap parking space across from the house on Maywood St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Debra Joyce request installation of a handicap parking space in front of 67 Providence St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ruth Gonzalez request installation of handicap parking space in front of 7 Lucian St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Kathleen M. Toomey request the “No Parking” signs in the Belmont St. side of Adams St. be moved down the street to accommodate the number of driveways which are impacted when people park in that area.: recommend passage of the accompanying proposed Ordinance for No Parking south side of Belmont St. from Adams St. to 150' east of Adams St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph C. O'Brien request the current parking restrictions in front of 805, 807 and 809 Main St. be rescinded and install a 30 minute parking zone: recommend passage of the accompanying proposed Ordinance for 30 minute parking zone from 8am to 7pm.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Timothy Loew, Becker College, request to rescind resident permit parking on Roxbury St., from William St. to #17 Roxbury St.: recommend passage of the accompanying proposed Ordinance to amend existing resident permit parking to 10pm to 7am only on Roxbury St. from Williams St. to #17 Roxbury St. except for #74 Williams St..

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Hossein Haghanizadeh, PE, on behalf of Franklin Realty Advisors, request to install 2 flashing beacons on existing crosswalk in 67 Millbrook St. at their expense: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph C. O'Brien and Councilor Joffrey A. Smith on behalf of Keith Bourget request installation of a speed radar display sign at 722 Grove St. to address the severe accidents and speeding that occurs on that road: recommend adoption of the accompanying Order

COMMUNICATION of the City Manager transmitting informational communication relative to the Appointment of Coreen Gaffney and Todd Williams to the Citizens Advisory Council. (Tabled - Rushton November 15, 2011)

RESOLUTION of Councilor Konstantina B. Lukes and Councilor Barbara G. Haller - That the City Council of the City of Worcester hereby goes on record in support of the City Manager's efforts as Chief Conservator of the Peace with the Occupy Worcester Movement and support his efforts to respect the Movement's constitutional first amendment rights of freedom of speech. (Tabled - Palmieri November 15, 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)

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)

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)

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)

COMMUNICATION of Michael V. O'Brien, transmitting informational Communication relative to the appointment of Coreen Gaffney to the Citizens Advisory Council.

RESOLUTION: That the City Council of the City of Worcester hereby respectfully request UMass Medical Center, specifically President John O'Brien working with City Manager Michael O'Brien, enter into an agreement with SMOC to lease adequate space at this premises for this temporary purpose that will be managed solely by SMOC. (Eddy, Petty, Lukes, O'Brien, Rushton, Haller, Toomey, Smith, Clancy, Germain)

Motion Germain @ #18b CC - Request City Manager report off-calendar if City Council has any authority in delaying the opening date of the Triage & Assessment Center at 1398 Main St.

Motion Haller @ #12a CC - Request City Manager send a copy of the 2011- 2012 Fuel Assistance - Cold Relief brochure to all the Crime Watch Groups.

PETITION - Councilor Kathleen M Toomey on behalf of Mayor Joseph C. O'Brien request sidewalk repair in Chatham St. at the southwest corner of the School Department building.

Motion Toomey - Suspension of Rules - Request City Manager ensure the existing jaywalking ordinances are enforced and report ways pedestrian safety can be improved to minimize the loss of life.