CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 28, 2010

Esther Howland Chamber

Convened: 6:10 P.M.

Adjourned: 9:09 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 execpt Councilors Eddy and Petty and with the Mayor in the Chair. Councilors Eddy and Petty arrived at 6:23 P.M.

4.

RECESSED TO EXECUTIVE SESSION on a roll call vote of 9 Yeas and 0 Nays (Eddy, Petty absent) at 6:14 P.M. for the purpose of discussing an employment contract with the City Manager.

RECONVENED TO OPEN SESSION at 7:33 P.M.

5.

HEARING & ORDER

5a.

Hearing for NATIONAL GRID for a conduit location on: PLEASANT ST.

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

Attachments

Mayor O'Brien opened the hearing and recognized the presence of John Cochran, Project Manager and a representative for National Grid on this project, who answered questions posed by Councilors Eddy, Toomey and Lukes. Order Adopted

 

6.

FIRST ITEM OF BUSINESS

6a.

Communication of the City Manager transmitting informational communication relative to a New PILOT (Payment in Lieu of Taxes) Agreement with Clark University. (Tabled Under Privilege - Clancy September 21, 2010)

Attachments

Placed on file

 

7.

SECOND ITEM OF BUSINESS

7a.

Communication of the City Manager transmitting informational communication relative to the Worcester Regional Transit Authority (WRTA) Negotiations. (Tabled - Haller September 21, 2010)

Attachments

Placed on file

 

8.

THIRD ITEMS OF BUSINESS

8a.

Order of Councilor Paul P. Clancy, Jr. - Request City Manager implement a tree replanting program for the Rice Square area. (Tabled - Clancy September 21, 2010)

Attachments

Order adopted

 

8b.

Order of Councilor Konstantina B. Lukes - Request City Council refer all information submitted by the City Clerk regarding weddings performed by him and his staff at City Hall and income earned from said weddings to the Standing Committee on Municipal Operations. (Tabled - Clancy September 21, 2010)

Attachments

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

 

8c.

Order of Councilor Philip P. Palmieri - Request City Manager consider recommending to the City Council a new safer traffic pattern for Brittan Square. (Tabled - Clancy September 21, 2010)

Attachments

Order adopted

 

8d.

Order of Councilor Philip P. Palmieri - Request City Manager update the City Council concerning the previously voted request for better and routine maintenance of properties owned by CSX. (Tabled - Clancy September 21, 2010)

Attachments

Order adopted

 

8e.

Order of Councilor Philip P. Palmieri - Request City Manager update City Council regarding the details of the plans that USDA and/or DCR have for the future inoculation of trees against the Asian Longhorned Beetle. (Tabled - Clancy September 21, 2010)

Attachments

Councilor Palmieri moved to add Councilor Smith as an author Referred to Public Health and Human Services Committee

 

8f.

Order of Councilor Paul P. Clancy, Jr. - Request City Manager place a plaque at the John Tivnan Field outlining the life of John Tivnan and his contributions to the City of Worcester. (Tabled - Clancy September 21, 2010)

Attachments

Councilor Clancy moved to amend: Further, request City Manager develop a plan to place plaques at all parks and fields named for people who were deemed so important to the lives of others that a commemoration was made so that their contributions and legacies will remain. Order adoped as amended

 

8g.

Order of Councilor Joffrey A. Smith - Request City Manager update City Council concerning the bidding process for the former courthouse and potential reuse options. Further, request an update concerning the potential of siting a law school at that location. (Tabled - Clancy September 21, 2010)

Attachments

Order adopted

 

9.

ITEMS OF CITIZEN INTEREST

9a.

When Mayor O'Brien took items #18c - 18g CC off the table he recognized the presence of representatives from Verizon - Director of External Affairs Ellen Cummings, Engineer Peggy Roache and Engineer Jason Flanagan

Mayor O'Brien recognized Councilors Eddy, Smith and Petty who posed questions to the Verizon representatives relative to the loss of cell phone service in the west side and upper Salisbury St. area.

 

10.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

11.

PETITIONS - PART I

11a.

Kathy Lanning request street repair in front of 22 Havelock Rd.

Attachments

Referred to Public Works Committee

 

11b.

Kathy Lanning request sidewalk repair on the Rob Roy Rd side of 22 Havelock Rd.

Attachments

Referred to Public Works Committee

 

11c.

Diane Bennett request abatement of street assessment #247874 in the amount of $4,519.20 for Cliveden St.

Attachments

Referred to Public Works Committee

 

11d.

Alexandra Zikos et al request sidewalk repair at the corner of Gosnold & Andover Sts.

Attachments

Referred to Public Works Committee

 

11e.

Councilor Paul P. Clancy, Jr. on behalf of Frederick Cross request sidewalk repair at 33 Dutton St.

Attachments

Referred to Public Works Committee

 

11f.

Councilor Paul P. Clancy, Jr. request to resurface Alameda Rd.

Attachments

Referred to Public Works Committee

 

11g.

Councilor Paul P. Clancy, Jr. request to resurface Primrose St.

Attachments

Referred to Public Works Committee

 

11h.

Councilor Paul P. Clancy, Jr. request to resurface Lamar Ave.

Attachments

Referred to Public Works Committee

 

11i.

Wayne Griffin request sidewalks be replaced in front of 11 Chamberlain Parkway and replace temporary asphalt patch around fire hydrant.

Attachments

Referred to Public Works Committee

 

11j.

Wayne Griffin request sidewalks be replaced in front of 9 Chamberlain Parkway and sidewalks along Morningside Road lot line.

Attachments

Referred to Public Works Committee

 

11k.

Wayne Griffin request sidewalks be replaced on the Chamberlain Parkway side of 828 Pleasant St.

Attachments

Referred to Public Works Committee

 

11l.

Wayne Griffin request sidewalks be replaced on the Chamberlain Parkway side of 830 Pleasant St.

Attachments

Referred to Public Works Committee

 

11m.

Wayne Griffin request sidewalks be replaced on the Chamberlain Parkway side of 25 South Lenox St.

Attachments

Referred to Public Works Committee

 

11n.

Wayne Griffin request sidewalks be replaced on the Chamberlain Parkway side of and in front of 35 South Lenox St.

Attachments

Referred to Public Works Committee

 

11o.

Wayne Griffin request sidewalks be replaced on the Tahanto Rd. side of 19 Chamberlain Parkway.

Attachments

Referred to Public Works Committee

 

11p.

Wayne Griffin request sidewalks be replaced on the Tahanto Rd. side of 21 Chamberlain Parkway.

Attachments

Referred to Public Works Committee

 

11q.

Wayne Griffin request sidewalks be replaced on the South Lenox St. side of 10 Colonial Rd.

Attachments

Referred to Public Works Committee

 

11r.

Wayne Griffin request sidewalks be replaced on the Maplewood St. side of 41 Chamberlain Parkway.

Attachments

Referred to Public Works Committee

 

11s.

Wayne Griffin request sidewalk at the driveway opening of 7 Morningside Rd. be replaced.

Attachments

Referred to Public Works Committee

 

11t.

Wayne Griffin request sidewalk at driveway opening of 34 Morningside Rd. be replaced.

Attachments

Referred to Public Works Committee

 

11u.

Wayne Griffin request sidewalks in front of 41 Morningside Rd. be replaced.

Attachments

Referred to Public Works Committee

 

11v.

Wayne Griffin request sidewalks in front of 16 Tahanto Rd. including the paved over driveway opening be replaced.

Attachments

Referred to Public Works Committee

 

11w.

Wayne Griffin request sidewalks in front of 3 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

11x.

Wayne Griffin request sidewalks in front of 5 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

11y.

Wayne Griffin request sidewalks in front of 7 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

11z.

Wayne Griffin request sidewalks in front of 2 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12.

PETITIONS - PART II

12a.

Wayne Griffin request sidewalks in front of 6 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12b.

Wayne Griffin request sidewalks in front of 8 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12c.

Wayne Griffin request sidewalks in front of 23 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12d.

Wayne Griffin request sidewalks in front of 20 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12e.

Wayne Griffin request sidewalks in front of 22 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12f.

Wayne Griffin request sidewalks in front of 34 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12g.

Wayne Griffin request sidewalks in front of 38 Chamberlain Parkway be replaced.

Attachments

Referred to Public Works Committee

 

12h.

Wayne Griffin request sidewalks in front of 6 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12i.

Wayne Griffin request sidewalks in front of 9 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12j.

Wayne Griffin request sidewalks in front of 10 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12k.

Wayne Griffin request sidewalks in front of 21 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12l.

Wayne Griffin request sidewalks in front of 17 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12m.

Wayne Griffin request sidewalks in front of 30 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12n.

Wayne Griffin request sidewalks in front of 42 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12o.

Wayne Griffin request sidewalks in front of 45 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12p.

Wayne Griffin request sidewalks in front of 46 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12q.

Wayne Griffin request sidewalks in front of 50 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12r.

Wayne Griffin request sidewalks in front of 54 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12s.

Wayne Griffin request sidewalks in front of 55 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12t.

Wayne Griffin request sidewalks in front of 56 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12u.

Wayne Griffin request sidewalks in front of 59 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12v.

Wayne Griffin request sidewalks in front of 60 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12w.

Wayne Griffin request sidewalks in front of 69 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

12x.

Wayne Griffin request sidewalks in front of 1 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

12y.

Wayne Griffin request sidewalks in front of 3 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

12z.

Wayne Griffin request sidewalks in front of 6 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13.

PETITIONS - PART III

13a.

Wayne Griffin request sidewalks in front of 8 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13b.

Wayne Griffin request sidewalks in front of 12 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13c.

Wayne Griffin request sidewalk in front of 15 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13d.

Wayne Griffin request sidewalks in front of 17 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13e.

Wayne Griffin request sidewalks in front of 19 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13f.

Wayne Griffin request sidewalks in front of 18 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13g.

Wayne Griffin request sidewalks in front of 21 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13h.

Wayne Griffin request sidewalks in front of 24 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13i.

Wayne Griffin request sidewalks in front of 25 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13j.

Wayne Griffin request sidewalks in front of 29 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13k.

Wayne Griffin request sidewalks in front of 26 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13l.

Wayne Griffin request sidewalks in front of 23 Tahanto Rd. be replaced.

Attachments

Referred to Public Works Committee

 

13m.

Mayor Joseph C. O'Brien request that a four-way Stop be installed at the intersection of Harding and Harrison Streets.

Attachments

Referred to Traffic and Parking Committee

 

13n.

Councilor Paul P. Clancy, Jr. on behalf of Mary Ellen McConville request three-way stop signs at the intersections of Arboretum Dr., Sarah Dr. and Sophia Dr.

Attachments

Referred to Traffic and Parking Committee

 

13o.

Councilor Paul P. Clancy, Jr. request installation of signage on Ames Street adjacent to Vernon Hill Park that would alert drivers to playground facilities.

Attachments

Referred to Traffic and Parking Committee

 

13p.

Lydia Blanche request to move handicap parking space on Manomet St. to allow installation of driveway for 91 Lakewood St.

Attachments

Referred to Traffic and Parking Committee

 

13q.

Joann Lee request enforcement of the following: no parking at the corner of Nelson Park Dr., no parking at crosswalk and no parking at corner of Deborah Ave. at the Stop Sign.

Referred to Traffic and Parking Committee

 

13r.

CHARTER COMMUNICATIONS for conduit location on CANTERBURY ST.

Attachments

Hearing set for October 5, 2010 - 7:00 P.M.

 

13s.

CHARTER COMMUNICATIONS for conduit location on: LINCOLN STREET

Attachments

Hearing set for October 5, 2010 - 7:00 P.M.

 

14.

CHAIRMAN'S ORDERS

14a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request CSX provide City Council with a copy of its Environmental Notification Filing concerning the expansion of the Worcester rail yard facility.

Attachments

Order adopted

 

14b.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council detailing the nature and extent of assistance being offered by the City to assist businesses who might need to relocate as a result of the expansion of the CSX rail yard facility.

Attachments

Order adopted

 

15.

ORDERS

15a.

Request City Manager recommend to City Council any and all changes to the towing contract bid process that will attract more competition and more competitive pricing. (O'Brien)

Attachments

Mayor O'Brien moved to amend: Further, request City Manager make the towing contract available to Council by the end of business on Friday, Oct 1, 2010. Order adopted as amended

 

15b.

Request City Manager report to City Council concerning the bid process and structure used for awarding towing services in the city. Said report should include copies of the various points used over the past several years in the bid specification documents including any special eligibility requirements. (O'Brien)

Attachments

Order adopted

 

15c.

Request City Manager provide City Council with a report detailing the number and types of motor vehicle accidents that have occurred over the past year at the intersection of Harding and Harrison Streets. (O'Brien)

Attachments

Order adopted

 

15d.

Request City Manager provide a police patrol on Stockton Street and Ames Street adjacent to Vernon Hill Park between the hours of 10:00pm and 2:00am. (Clancy)

Attachments

Order adopted

 

15e.

Request City Manager request the Commissioner of Public Works and Parks replace the No Parking signs on Ames Street adjacent to Vernon Hill Park. (Clancy)

Attachments

Order adopted

 

15f.

Request City Manager provide a report concerning the repair to the steps at the Salem Street side of the Worcester Public Library, including report as to whether the rises meet standard building code requirements. (Clancy)

Attachments

Order adopted

 

16.

RECESS TO FINANCE COMMITTEE

16a.

#9a CC June 22, 2010
Communication of the City Auditor transmitting Auditor's Report for May 2010.

Attachments

No Action Taken

 

16b.

#4a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for July 2010.

Attachments

No Action Taken

 

16c.

#4b CC September 21, 2010
Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010.

Attachments

No Action Taken

 

16d.

#13a CC September 21, 2010
Communication of the City Manager transmitting Auditor's Report for August 2010.

Attachments

No Action Taken

 

17.

TABLED UNDER PRIVILEGE

17a.

Resolution of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in opposition to question #3 appearing on the November 2, 2010 state election ballot. (Tabled - O'Brien September 21, 2010)

Attachments

Councilor Lukes moved to Table the item Tabled - Lukes

 

18.

TABLED ITEMS

18a.

Communication of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

Attachments

No Action Taken

 

18b.

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

 

18c.

Order to grant permission to NATIONAL GRID for conduit location on: GRAND ST. (Tabled - Haller September 21, 2010)

Attachments

Mayor O'Brien moved to take the item off the table. Mayor O'Brien recognized Councilor Haller who spoke to her concerns as to future installation of underground conduits and if there is someone from the administration reviewing conduit installation plans to make sure they would be compatible to future tree plantings. City Manager stated the city does review conduit installation plans and will provide a report by Commissioner Moylan outlining the review process. Order adopted

 

18d.

Order to grant permission to NATIONAL GRID for pole location on: BATES AVE. (Tabled - Lukes September 21, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table Mayor O'Brien recognized Councilor Palmieri and Regina Leavitt who spoke to their concerns to the installation of the utility poles on Lincoln St. (see # 19e CC) Councilor Palmieri moved to Table the item. Tabled - Palmieri

 

18e.

Order to grant permission to NATIONAL GRID for pole locations on: LINCOLN ST. (Tabled - Lukes September 21, 2010)

Attachments

Tabled - Palmieri (see #18d CC)

 

18f.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for eight joint pole locations on: LINCOLN ST. (Tabled - Lukes September 21, 2010)

Attachments

Tabled - Palmieri (see #18d CC)

 

18g.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for joint pole location on: MARSH AVE. (Tabled - Lukes September 21, 2010)

Attachments

Tabled - Palmieri (see #18d CC)

 

19.

SUSPENSION OF RULES

19a.

Motion - Suspension of Rules - Upon reconvening to Open Session from Executive Session Mayor O'Brien on behalf of the entire City Council presented the following Order: That, pursuant to Section 3-1(b) of the City Charter and G.L. c.41 108N, the Mayor, Joseph C. O'Brien, be and is hereby authorized on behalf of the City Council of the City of Worcester to execute an amendment to the employment contract with Mr. Michael V. O'Brien dated December 5, 2006.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Lukes, Palmieri, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) Councilor Clancy moved to suspend the rules to allow reconsideration - Approved on roll call of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Lukes, Palmieri, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

19b.

Motion - Suspension of Rules - Upon reconvening to Open Session from Executive Session Mayor O'Brien on behalf of the entire City Council presented the following: A Proposed Ordinance Amending the Salary of the City Manager.

Attachments

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

 

19c.

Motion Smith @ #18c - 18g CC - Request City Manager request Verizon report to City Council within one month with timeline and process for improving cell phone service in the west side and the upper Salisbury Street area.

Motion Petty to amend: Further, request City Manager request Verizon report to City Council their perspective as to whether the use of the Fire Alarm Building and the historic flag pole on Newton Hill could be used for a cell tower to resolve the loss of service and further, request City Manager report if this reuse of the Fire Alarm Building could be could be used as a funding source for the parks.

Attachments

Order adopted as amended

 

19d.

Motion Petty @ #18c - 18g - Request City Manager provide City Council with a report concerning the history as to why a cell tower was never installed at the airport.

Attachments

Order adopted

 

19e.

Motion Palmieri @ #18c - 18g CC - Request City Manager request MassHighway, a representative of the Department of Public Works & Parks and property owners on Lincoln Street meet to discuss options for movement of utility poles on Lincoln St.

Attachments

Order adopted

 

19f.

Motion Smith @ #8e CC - Request City Manager report to City Council the number of trees that have been inoculated, future plans for inoculation each season and locations of these inoculations.

Attachments

Order adopted

 

19g.

Motion Smith @ #8e CC - Request City Manager report to City Council future replanting efforts including where trees will be planted and how many.

Attachments

Order adopted

 

19h.

Motion Lukes @ #17a CC - Request City Manager request City Solicitor report to City Council the impact of ballot questions 1 and 3.

Attachments

Order adopted

 

19i.

Motion Toomey - Suspension of Rules - Request City Manager coordinate with the Superintendent of Worcester Public Schools and provide City Council with a summary of the activity and timeline regarding the mercury crisis at Grafton St. School including cost estimates and budget impacts.

Attachments

Order adopted