CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 9, 2013

Esther Howland Chamber

Convened: 7:22 P.M.

Adjourned: 8:12 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilor Economou who arrived at 7:30 P.M.

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 March 12, 2013.

Attachments

Order adopted

 

5.

HEARINGS & ORDERS

5a.

Hearing: NATIONAL GRID AND VERIZON NEW ENGLAND , INC for joint pole location: EAST PARK TERRACE Granting permission to NATIONAL GRID AND VERIZON NEW ENGLAND , INC for joint pole location: EAST PARK TERRACE

Attachments

Hearing Held & Order adopted

 

5b.

Hearing: NATIONAL GRID AND VERIZON NEW ENGLAND , INC for joint pole location: PLANTATION STREET Granting permission to NATIONAL GRID AND VERIZON NEW ENGLAND , INC for joint pole location: PLANTATION STREET

Attachments

Hearing Held & Order adopted

 

6.

RECONSIDERATION

6a.

In accordance with Rule 41 of the Rules of City Council, Councilor Joseph C. O'Brien hereby requests reconsideration of the vote of City Council taken on April 2, 2013 to Place on File the Communication of the City Manager transmitting informational communication relative to an Agreement with UMass Medical School.

Attachments

Mayor Petty moved for a roll call vote to allow Reconsideration. Reconsideration denied on a roll call vote of 2 Yeas and 9 Nays (Yeas - O'Brien and Rivera) (Nays - Economou, Eddy, Germain, Lukes, Palmieri, Rushton, Russell, Toomey, Petty) See item #8.32D on April 2, 2013 City Council Calendar - Item remains Placed on file.

 

7.

ITEMS OF PUBLIC INTEREST

7a.

Mayor Petty read a Proclamation declaring April 2013 as National Limb Loss Awareness Month and had the proclamation presented to Rose Bissonnette representing Amputee Coalition. Massachusetts Peer Visitor Facilitator Founder and New England Amputee Association.

Attachments

 

7b.

Mayor Petty invited the Main South Ladies Cougars into the chamber and congratulated them for winning this years District Title and presented a basketball signed by the entire City Council, School Committee members, the City Manager and the Superintendent of Worcester Public Schools.

 

7c.

Mayor Petty read a Proclamation declaring April 9, 2013 as National Service Recognition Day and had the proclamation presented to Barbara Drapos, Program Director and Literacy Programs Coordinator for RSVP-Volunteers Worcester.

Attachments

 

7d.

Mayor Petty recognized the following persons whom spoke:
1. Colin Novick, Worcester resident
2. Chris Robarge, Worcester resident
3. Kent Bailey, Worcester resident
4. Dori Maynard, Worcester resident
5. Patricia Dykas, Leicester resident

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Douglas Quattrochi request sidewalk repair in front of 7 Maple Tree Lane.

Attachments

Referred to Public Works Committee

 

9b.

Rafael Leon, Jr. request sidewalk repair in front of 50 Forbes St.

Attachments

Referred to Public Works Committee

 

9c.

Steven Tankanow request to rescind "No Parking" zone on both sides of Putnam Lane from Nebraska St. to terminus.

Attachments

Referred to Traffic and Parking Committee

 

9d.

Douglas Hamalainen request installation of handicap parking space in front of 31 Falmouth St.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Jo Hart request City Council request the City Manager and the WRTA to postpone their plan to move the WRTA hub to Union Station until June in order to give the public-transportation public a chance to fully understand the changes and be able to comment on them and make desired changes accordingly.

Attachments

Petitioner spoke. Referred to City Manager.

 

10.

ORDERS

10a.

Request the City Manager arrange for the removal of the Weed and Seed banners along Pleasant St. (Rivera)

Attachments

Order adopted

 

10b.

Request City Manager consider initiating an incentive program to encourage employees to opt-out of the City of Worcester's health insurance coverage. (Germain)

Attachments

Councilor Lukes moved to amend: Further, request the program include a time limit provision for opting back into health insurance. Councilor Economou moved to amend: Further, request City Manager report the number of employees needed to make the program cost effective. Order adopted as amended

 

10c.

Request City Manager post on the city website all Massachusetts legislation and regulations of the Massachusetts Gaming Commission regarding slots parlors. (Lukes)

Attachments

Order adopted

 

10d.

Request City Manager report on the infant mortality rate and teenage birth rates in the city and state for the past ten years and request a report from the Worcester Public Health Department regarding what strategies and services are being planned to address the issue of Worcester's teen birth rates. (Lukes)

Attachments

Order adopted

 

10e.

Request City Manager address the manner in which contracts for animal shelter services are conducted and whether the current provider of those services provides adoptions services for dogs. (Lukes)

Attachments

Order adopted

 

10f.

ALTERATION OF A PUBLIC STREET: FRANKLIN STREET

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10g.

DECREE TO MAKE PUBLIC: GENERAL FOCH AVENUE

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10h.

DECREE TO MAKE PUBLIC: GRATON & KNIGHT WAY

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

11.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION

11a.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Order of Councilor Philip P. Palmieri and Councilor Kathleen M. Toomey - Request the City Council Standing Committee on Public Service and Transportation Committee invite MassPort to discuss plans for the Worcester Regional Airport. Further, request the Committee discuss with MassPort provide the new capital investments being made at Worcester Regional Airport: recommend Order be placed on file.

Attachments

Accepted

 

12.

REPORTS OF THE COMMITTEE ON TRAFFIC & PARKING

12a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cynthia Wade request the handicap parking space in front of 180 Fairmont Ave be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jadranka Perl request installation of handicap parking space in front of 381 Park Ave: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Vasiliadis et al request the handicap parking space in front of 7 Shawmut St. be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Francine Phillips on behalf of George Shevchuk request to install handicap parking space in front of 103 Dorchester St: recommend passage of the accompanying proposed Ordinance.

Attachments

At the request of the Petitioner the recommendation is to give Leave to withdraw.

 

12e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anna Mae Gentile request installation of three (3) handicap parking spaces in Nebraska St. beside 8 Camassa Terrace: recommend passage of the accompanying proposed Ordinance to install a handicap parking area in Nebraska St. adjacent to 8 Camassa Terrace from the corner of Camassa Terrace to the driveway of 6 Muskeego Street

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Adriana Soto request installation of a handicap parking space across from 161 Providence St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Paula Lozada on behalf of Richie Morales request installation of a handicap parking space in front of 1 Minots St.: recommend passage of the accompanying Ordinance to install a Handicap Parking space in Emerson Street on the side of 1 Minots Street

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ramona Casanova request installation of handicap parking in front of 2 Lakeside Ave #1: recommend passage of the accompanying proposed Ordinance to provide Handicap Parking Opposite of 2 Lakeside Ave.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lisa Hackett request installation of resident permit parking on both sides of the entire length of Holland Rd., weekdays from 6:00 am to 6:00 pm.: recommend passage of the two accompanying proposed Ordinances to provide Resident Sticker Parking on the east side of Holland Road from Main Street to Catalpa Street, school days, 6:00 a.m. to 4:00 p.m. and to provide No Parking School Days on the west side of Holland Road from Main Street to Catalpa Street, 6:00 a.m. to 4:00 p.m.

Attachments

Voted to advertise proposed ordinances on a roll call vote of 11 Yeas and 0 Nays

 

12j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph M. Petty on behalf of Allen Greenman request the Winter Parking Ban on Midland St. be amended so as to allow the parking on the south side of the Midland St. between Elmwood St. and Greenleaf Terrace: recommend passage of the accompanying two proposed Ordinances to reverse the existing Winter Parking Ban in Midland St. between Elmwood St. and Chalmers Rd. and revise the winter ban on Midland St. from Chalmers Rd. to Intervale Rd.

Attachments

Voted to advertise proposed ordinances on a roll call vote of 11 Yeas and 0 Nays

 

12k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy request installation of Stop sign South Lenox St. as it intersects with Colonial Rd: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12l.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mary Moran request installation of handicap parking space in front of 71 Grandview Ave: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Kyriaki Shinas request installation of handicap parking space in front of 2 Ives St: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12n.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Karen Bird request installation of a handicap parking space in front of 4 Chelsea St: recommend passage of the accompanying proposed Ordinance to provide Handicap Parking on the south side of Cheever St. opposite of 4 Chelsea St.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12o.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michelle Santiago request to remove handicap parking space in front of 23 Perry Ave: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12p.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell request all Resident Permit Parking be removed on Pilgrim Ave, from Grafton St. to Dead End: recommend passage of the accompanying proposed Ordinance to revise the time of day on the east side of Pilgrim Ave. from 7:00 PM to 6:00 AM

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12q.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of David Noyes request the "No Parking Loading Zone" in front of 85 Green St. be removed and replaced with a "15 Minute Parking" zone: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12r.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jay Foley of Foley Engines request "No Parking signs" be installed on Asylum St: recommend passage of the accompanying two proposed Ordinances installing No Parking Zone on the entire north side and on the south side of Asylum St. on both sides of the garage entrance to 200 Summer St.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12s.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Attorney Stephen Madaus on behalf of Worcester Polytechnic Institute request to prohibit parking along the eastern side of Boynton St. from Salisbury St. to Institute Rd: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12t.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jose Quinones request the handicap parking in front of 97 Arthur St. be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12u.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Robert Abraham and State Representative John Fresolo request installation of a second handicap parking space in front of 125 Ingleside Ave: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12v.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of John Carey and Jack Toney request installation of a handicap parking space in front of 266 Burncoat St: recommend passage to the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12w.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas & Susan Tynan request to install resident permit parking on the odd side of Waverly St. from Providence St. to Harrison St: recommend passage to the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12x.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Donna Frazier request installation of two handicap parking spaces in front of 99 Bellevue St: recommend passage of the accompanying proposed Ordinance to install one handicap parking space in front of 99 Bellevue St.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

12y.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jane Raboin request improved signage and painting of right turn arrows in the right lane at the intersection of Green St., Franklin St. and Francis J. McGrath Blvd: recommend adoption of the accompanying Order to install in McGrath Blvd. a "Right Lane for Right Turn for Green and Franklin Street Traffic Only" sign facing northbound traffic.

Attachments

Accepted & Adopted

 

12z.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph M. Petty on behalf of Gary Cipro request to install handicap parking in front of 66 Rich St: recommended Petition be amended to install Passenger Loading Zone and recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12aa.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Chairman's Order from the Committee on Traffic & Parking - Request the installation of No Parking zones in both sides of Putnam Lane from Nebraska Street to terminus: recommend Chairman's Order be placed on file.

Attachments

Accepted

 

13.

TABLED UNDER PRIVILEGE

13a.

COMMUNICATION of the City Manager recommend adoption of the attached Resolution relative to a HUD Section 108 Loan for the 18-20 Franklin Street Project. (Tabled - Lukes April 2, 2013)

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Russell, Petty) (Nay - Toomey) (Lukes abstained) Councilor Russell moved for reconsideration - Reconsideration denied on a roll call vote of 2 Yeas and 8 Nays (Yeas - Rivera, Toomey) (Nays - Economou, Eddy, Germain, O'Brien, Palmieri, Rushton, Russell, Petty)

 

14.

TABLED ITEMS

14a.

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

 

14b.

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

Attachments

No action taken

 

14c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

Attachments

No action taken

 

14d.

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

14e.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

Attachments

No action taken

 

14f.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

14g.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

14h.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

14i.

ORDER of Councilor Konstantina B. Lukes - Request City Council and the City Manager pursuant to powers granted under Section 7-2 of the Worcester's Home Rule Charter eliminate the preliminary election scheduled for September 17, 2013. (Tabled - Eddy March 5, 2013)

Attachments

No action taken

 

14j.

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

Attachments

No action taken

 

14k.

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

Attachments

No action taken

 

14l.

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

Attachments

No action taken

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Motion Eddy - Suspension of Rules - That the City Council of the City of Worcester in accordance with state law, does hereby authorize the City Manager to negotiate a community host agreement with the intention of placing this document before the people of this community so that they may exercise their right to be educated and to vote on this all important topic.

Attachments

Councilor Lukes moved to Table this Under Privilege. Tabled Under Privilege - Lukes

 

15b.

Motion O’Brien @ #10e CC - Request City Manager provide City Council with an update regarding services provided by Barton Brook concerning domesticated animals.

Attachments

Order adopted

 

15c.

Motion O’Brien @ #10e CC - Request City Manager provide City Council with an update regarding the efforts made relative the donation box , on dog license renewals, to help adoption services.

Attachments

Order adopted

 

15d.

Motion Rushton – Suspension of Rules – Request City Manager have all the reports for additional information relative to the developer of the proposed slots parlor be made available for the joint committee meeting on April 17, 2013.

Attachments

Order adopted

 

15e.

PETITION – Councilor Tony Economou request resurfacing of Hastings Road.

Attachments

Referred to Public Works Committee

 

15f.

PETITION – Councilor Tony Economou request sidewalk resurfacing for Hastings Rd. from Burncoat St. to Button St. on the School side.

Attachments

Referred to Public Works Committee

 

15g.

PETITION – Councilor Tony Economou request sidewalk repair in front of 26 Ascadilla Rd.

Attachments

Referred to Public Works Committee