CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 5, 2010

Esther Howland Chamber

Convened: 7:05 P.M.

Adjourned: 8:37 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 and the Mayor in the Chair

Note: City Clerk David J. Rushford absent, Assistant City Clerk Susan M. Ledoux acting as clerk

4.

HEARINGS & ORDERS

4a.

Hearing for CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Granting permission to CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Attachments

Mayor O'Brien opened the hearing Mayor O'Brien recognized Mike Anderson who provided his concerns for the project No representative from Charter Communications was present Councilor Haller moved to request the hearing be held and requested City Clerk request Charter Communications, in preparation for the recessed hearings on October 12, 2010, to provide information as to the intent of the spur, why they are doing this work and if future work should be expected. (see item #16a CC) Hearing recessed to October 12, 2010

 

4b.

Hearing for CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Granting permission to CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Attachments

Hearing opened and recessed to October 12, 2010

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor O'Brien read and presented a Proclamation declaring October 5, 2010 as Worcester World Cup Soccer Day. Mayor O'Brien invited Laura Suroviak to address City Council. Also present were team members of Team Iran and Team Colombia.

Attachments

 

5b.

Mayor O'Brien read and presented a Proclamation declaring October 6, 2010 as International Walk to School Day. Mayor O'Brien invited Karen Valentine to say a few words relative to this event.

Attachments

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS - PART I

7a.

Phang Ho request sidewalk repair at 79 Sylvan St.

Attachments

Referred to Public Works Committee

 

7b.

Dimitrios Ptohos et al request Vesper St. be resurfaced.

Attachments

Referred to Public Works Committee

 

7c.

Maritza Rodriguez request guardrail in front of 9 Ludlow St. be expanded.

Attachments

Referred to Public Works Committee

 

7d.

Luanne Pond request the street in front of 335 Granite St. be resurfaced.

Attachments

Referred to Public Works Committee

 

7e.

Michael Sampson request abatement of street assessment #24901 in the amount of $9,498.87 for Tamar Ave.

Attachments

Referred to Public Works Committee

 

7f.

Attorney Christopher Tully request sidewalk repair in front of 651 West Boylston St.

Attachments

Referred to Public Works Committee

 

7g.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 8, 10 and 22 Trowbridge Rd.

Attachments

Referred to Public Works Committee

 

7h.

Councilor Barbara G. Haller request sidewalk repair at 23 and 67 Cedar St.

Attachments

Referred to Public Works Committee

 

7i.

Councilor Barbara G. Haller request sidewalk repair at 80, 90, 146 and 152 West St.

Attachments

Referred to Public Works Committee

 

7j.

Councilor Barbara G. Haller request repair to sidewalks in both corners of the intersection of Park Ave. and Townsend St.

Attachments

Referred to Public Works Committee

 

7k.

Councilor Barbara G. Haller request repair of the sidewalks in both corners of the intersection of Fruit and Williams Sts. and at both corners of the intersection of Ashland and William Sts.

Attachments

Referred to Public Works Committee

 

7l.

Councilor Barbara G. Haller request sidewalk repair in both corners of the intersection of Russell and William Sts.

Attachments

Referred to Public Works Committee

 

7m.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 103 through 143 Pleasant St.

Attachments

Referred to Public Works Committee

 

7n.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 4 Home St.

Attachments

Referred to Public Works Committee

 

7o.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 53 Hermon St.

Attachments

Referred to Public Works Committee

 

7p.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 6 Wachusett St.

Attachments

Referred to Public Works Committee

 

7q.

Councilor Barbara G. Haller request sidewalk repair in the vicinity of 7 and 19 Schussler Rd.

Attachments

Referred to Public Works Committee

 

7r.

Councilor Barbara G. Haller request sidewalk repair in Highland St. from 142 to the corner of Schussler Rd., from 155 to 179 and in the vicinity of 193.

Attachments

Referred to Public Works Committee

 

7s.

Councilor Barbara G. Haller request sidewalk repair in Berkshire St., both sides.

Attachments

Referred to Public Works Committee

 

7t.

Councilor Barbara G. Haller request sidewalk repair in Boynton St., both sides.

Attachments

Referred to Public Works Committee

 

7u.

Councilor Barbara G. Haller request sidewalk repair in Elbridge St., both sides.

Attachments

Referred to Public Works Committee

 

7v.

Councilor Barbara G. Haller request sidewalk repair in Elm St., both sides.

Attachments

Referred to Public Works Committee

 

7w.

Councilor Barbara G. Haller request sidewalk repair in John St., both sides.

Attachments

Referred to Public Works Committee

 

7x.

Councilor Barbara G. Haller request sidewalk repair in Jaques Ave., both sides.

Attachments

Referred to Public Works Committee

 

7y.

Councilor Barbara G. Haller request sidewalk repair in Ashland St., both sides.

Attachments

Referred to Public Works Committee

 

7z.

Councilor Barbara G. Haller request sidewalk repair in Chatham St., both sides.

Attachments

Referred to Public Works Committee

 

7aa.

Councilor Barbara G. Haller request sidewalk repair in Dewey St., both sides.

Attachments

Referred to Public Works Committee

 

8.

PETITIONS - PART II

8a.

Councilor Barbara G. Haller request sidewalk repair in Fruit St., both sides.

Attachments

Referred to Public Works Committee

 

8b.

Councilor Barbara G. Haller request sidewalk repair in Mason St., both sides.

Attachments

Referred to Public Works Committee

 

8c.

Councilor Barbara G. Haller request sidewalk repair in Oxford St., both sides.

Attachments

Referred to Public Works Committee

 

8d.

Councilor Barbara G. Haller request sidewalk repair in King St., both sides.

Attachments

Referred to Public Works Committee

 

8e.

Councilor Barbara G. Haller request sidewalk repair in Woodland St., both sides.

Attachments

Referred to Public Works Committee

 

8f.

Councilor Barbara G. Haller request sidewalk repair in Beacon St., both sides.

Attachments

Referred to Public Works Committee

 

8g.

Councilor Barbara G. Haller request sidewalk repair in Gardner St., both sides.

Attachments

Referred to Public Works Committee

 

8h.

Councilor Barbara G. Haller request sidewalk repair in Hammond St., both sides.

Attachments

Referred to Public Works Committee

 

8i.

Councilor Barbara G. Haller request sidewalk repair in Lagrange St., both sides.

Attachments

Referred to Public Works Committee

 

8j.

Councilor Barbara G. Haller request sidewalk repair in Ripley St., both sides.

Attachments

Referred to Public Works Committee

 

8k.

Councilor Barbara G. Haller request sidewalk repair in Valley St., both sides.

Attachments

Referred to Public Works Committee

 

8l.

Councilor Barbara G. Haller request sidewalk repair in North Ashland St., even side only.

Attachments

Referred to Public Works Committee

 

8m.

Councilor Barbara G. Haller request sidewalk repair in William St., even side only.

Attachments

Referred to Public Works Committee

 

8n.

Councilor Barbara G. Haller request sidewalk repair in Crown St., even side only.

Attachments

Referred to Public Works Committee

 

8o.

Councilor Barbara G. Haller request sidewalk repair in Bancroft St., even side only.

Attachments

Referred to Public Works Committee

 

8p.

Councilor Barbara G. Haller request sidewalk repair in Queen St., 40 block, odd side only.

Attachments

Referred to Public Works Committee

 

8q.

Councilor Barbara G. Haller request sidewalk repair in Hampton St., both sides.

Attachments

Referred to Public Works Committee

 

8r.

Councilor Barbara G. Haller request Hampton St. be repaved.

Attachments

Referred to Public Works Committee

 

8s.

Councilor Barbara G. Haller request sidewalk repair in Hudson St., both sides.

Attachments

Referred to Public Works Committee

 

8t.

Councilor Barbara G. Haller request Hudson St. be repaved.

Attachments

Referred to Public Works Committee

 

8u.

Councilor Barbara G. Haller request sidewalks be repaired in Roxbury St., both sides.

Attachments

Referred to Public Works Committee

 

8v.

Councilor Barbara G. Haller request Roxbury St. be repaved.

Attachments

Referred to Public Works Committee

 

8w.

Councilor Barbara G. Haller request sidewalk repair in Sever St., both sides.

Attachments

Referred to Public Works Committee

 

8x.

Councilor Barbara G. Haller request Sever St. be repaved.

Attachments

Referred to Public Works Committee

 

8y.

Councilor Barbara G. Haller request sidewalks be repaired in Somerset St., both sides.

Attachments

Referred to Public Works Committee

 

8z.

Councilor Barbara G. Haller request Somerset St. be repaved.

Attachments

Referred to Public Works Committee

 

8aa.

Councilor Barbara G. Haller request sidewalks be repaired in Denny St., both sides.

Attachments

Referred to Public Works Committee

 

9.

PETITIONS - PART III

9a.

Councilor Barbara G. Haller request Denny St. be repaved.

Attachments

Referred to Public Works Committee

 

9b.

Councilor Barbara G. Haller request sidewalks in Austin St. be repaired, both sides.

Attachments

Referred to Public Works Committee

 

9c.

Councilor Barbara G. Haller request Austin St. be repaved.

Attachments

Referred to Public Works Committee

 

9d.

Councilor Barbara G. Haller request sidewalks be repaired in Larch St., both sides.

Attachments

Referred to Public Works Committee

 

9e.

Councilor Barbara G. Haller request Larch St. be repaved.

Attachments

Referred to Public Works Committee

 

9f.

Councilor Barbara G. Haller request sidewalks be repaired in Piedmont St., both sides.

Attachments

Referred to Public Works Committee

 

9g.

Councilor Barbara G. Haller request Piedmont St. be repaved.

Attachments

Referred to Public Works Committee

 

9h.

Councilor Barbara G. Haller request sidewalks be repaired in Quincy St., both sides.

Attachments

Referred to Public Works Committee

 

9i.

Councilor Barbara G. Haller request Quincy St. be repaved.

Attachments

Referred to Public Works Committee

 

9j.

Councilor Barbara G. Haller request sidewalk repair in Russell St., both sides.

Attachments

Referred to Public Works Committee

 

9k.

Councilor Barbara G. Haller request Russell St. be repaved.

Attachments

Referred to Public Works Committee

 

9l.

Councilor Barbara G. Haller request sidewalk repair in Winslow St., both sides.

Attachments

Referred to Public Works Committee

 

9m.

Councilor Barbara G. Haller request Winslow St. be repaved.

Attachments

Referred to Public Works Committee

 

9n.

Councilor Barbara G. Haller request sidewalk repair in Davis St., both sides.

Attachments

Referred to Public Works Committee

 

9o.

Councilor Barbara G. Haller request Davis St. be repaved.

Attachments

Referred to Public Works Committee

 

9p.

Councilor Barbara G. Haller request sidewalk repair in Hathaway St., both sides.

Attachments

Referred to Public Works Committee

 

9q.

Councilor Barbara G. Haller request Hathaway St. be repaved.

Attachments

Referred to Public Works Committee

 

9r.

Councilor Barbara G. Haller request sidewalk repair in Preston St., both sides.

Attachments

Referred to Public Works Committee

 

9s.

Councilor Barbara G. Haller request Preston St. be repaved.

Attachments

Referred to Public Works Committee

 

9t.

Councilor Barbara G. Haller request sidewalk repair in Winfield St., even side only.

Attachments

Referred to Public Works Committee

 

9u.

Councilor Barbara G. Haller request Winfield St. be repaved.

Attachments

Referred to Public Works Committee

 

9v.

Councilor Barbara G. Haller request street repaving at the intersection of Bluff and Bancroft Sts.

Attachments

Referred to Public Works Committee

 

9w.

Councilor Barbara G. Haller request Institute Rd. be repaved.

Attachments

Referred to Public Works Committee

 

9x.

Councilor Barbara G. Haller request Blossom St. be repaved.

Attachments

Referred to Public Works Committee

 

9y.

Councilor Barbara G. Haller request Dayton St. be repaved.

Attachments

Referred to Public Works Committee

 

9z.

Councilor Barbara G. Haller request Howe St. be repaved.

Attachments

Referred to Public Works Committee

 

9aa.

Councilor Barbara G. Haller request Wellington St. be repaved.

Attachments

Referred to Public Works Committee

 

9bb.

Councilor Barbara G. Haller on behalf of Andrew Goddard request the City Manager to provide Council with draft changes to the Resident Parking ordinance to remove the requirement for a vehicle to be registered in Worcester. This petition is filed in support of resident parking but to expand the ordinance to include those bona fide residents who do not own their own car but rather borrow or lease a vehicle such that they can receive resident parking privileges.

Attachments

Referred to City Manager

 

10.

COMMUNICATION OF THE CITY CLERK

10a.

Transmitting a response to a request of the City Council requesting to know the number of civil marriage ceremonies that took place in City Hall during calendar 2009 by the City Clerk and the Assistant City Clerks.

Attachments

Councilor Lukes moved to hold and have the item as First Item of Business on October 12, 2010 First Item of Business - October 12, 2010

 

11.

ORDERS

11a.

Request City Manager report to City Council concerning the impact of modifying the Resident Parking ordinance to remove the requirement for the vehicle to be registered in Worcester. (Haller)

Attachments

Order adopted

 

11b.

Request City Manager obtain and forward to City Council the following documents that relate to property located at 180-184 Main Street: a.) a dated copy of the completed Tax Increment Financing application, including any and all supporting documents, including but not limited to letters, email and notes, b.) a dated copy of the $2.8 million loan application made to Mass Development and its corresponding commitment letter, c.) a dated copy of the application for lease of the premises made to the Department of Capital and Asset Management, d.) a dated copy of the lease between the property owners and the Department of Capital and Asset Management, e.) copies of the financing instruments or notes relied upon for renovations to the premises, and f.) a dated copy of the application for historic tax credits and documents supporting the worth of the tax credits to be awarded if the application was approved. (Rushton)

Attachments

Councilor Germain moved to suspend the rules to request to be recused - Approved on a roll call vote of 10 Yeas and 0 Nays Councilor Germain was recused on a roll call vote of 9 Yeas and 0 Nays (Lukes absent) Councilor Rushton moved to amend: That section “a” should read as follows: a) a dated copy of the completed Tax Increment Financing application, including any and all supporting documents, including any correspondence that lead up to the submission of the application between the parties and any correspondence after and prior to the application being submitted to City Council. Further, request section “d” read as follow: d) obtain a copy of the actual lease between the developers of 180-184 Main St. and the Department of Capital and Asset Management. Order adopted as amended

 

11c.

Request City Council's Standing Committee on Municipal Operations meet to initiate employment contract negotiations with the City Auditor. (Germain, Petty, Clancy, Lukes)

Attachments

Councilor Haller moved to have all members of City Council as authors Referred to Municipal Operations Committee

 

11d.

Request City Manager report on the development of a "crowdsourcing" program to be initiated on a pilot basis on the City's website as a web based collaborative for polling and problem solving based on citizen input. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request the report within thirty (30) days. Mayor O'Brien moved to suspend the rules to recognize a Worcester resident, Nicole Apostola, and allow her to address City Council with information relative to items #11e, 11f and 11h CC. Motion Rushton moved to amend: Further, request the report to also include costs to maintain these social media connections. Motion Toomey moved to amend: Further, request to allow bloggers do some crowdsourcing as a means to provide public input. Motion Lukes to amend: Further, request City Manager publicize on the city's web site the city departments who use social media. Order adopted as amended

 

11e.

Request City Manager provide a legal opinion as to what controls, if any, can be used by the City regarding inappropriate responses to a "crowdsourcing" project and whether the identities of responders can be required. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request report within thirty (30) days Order adopted as amended

 

11f.

Request City Manager report on the removal of Utility Pole #33 MBCO in the June/Glendale Streets area. (Lukes)

Attachments

Order adopted

 

11g.

Request City Manager report to City Council concerning the feasibility and estimated cost of placing an available lunch car diner on McKeon Road at the drive to the former Washburn Moen building that would serve as a seasonal visitor stop. Said estimate would include rehabilitation of diner, addition of restrooms, and preparation of pad. Further, include percentage of available federal dollars that could be applied to said project. (Clancy)

Attachments

Councilor Clancy moved to amend: Further, request a response within a month. Order adopted as amend

 

11h.

Request City Manager report which city departments and officials use social media, such as Facebook, Twitter etc., and the process and criteria used in determining which department or individual uses social media and what purpose and accomplishments result from the usage. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request the report within thirty (30) days. Order adopted as amended

 

12.

COMMUNICATION

12a.

Michael V. O'Brien, City Manager, transmitting communication relative to the impact of the 2010 Statewide Ballot Questions 1 and 3.

Attachments

Placed on file

 

13.

RESOLUTION

13a.

That the City Council of the City of Worcester hereby goes on record in opposition to question #1 appearing on the November 2, 2010 state election ballot. (O'Brien)

Attachments

Mayor O'Brien moved to Table the item Under Privilege Tabled Under Privilege - O'Brien

 

14.

TABLED UNDER PRIVILEGE

14a.

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 - Lukes September 28, 2010)

Attachments

Councilor Lukes moved to hold and have as First Item of Business October 12, 2010 First Item of Business - October 12, 2010

 

15.

TABLED ITEMS

15a.

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

Attachments

No Action Taken

 

15b.

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

 

15c.

Order to grant permission to NATIONAL GRID for pole location on: BATES AVE. (Tabled - Palmieri September 28, 2010)

Attachments

No Action Taken

 

15d.

Order to grant permission to NATIONAL GRID for pole locations on: LINCOLN ST. (Tabled - Palmieri September 28, 2010)

Attachments

No Action Taken

 

15e.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for eight joint pole locations on: LINCOLN ST. (Tabled - Palmieri September 28, 2010)

Attachments

No Action Taken

 

15f.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for joint pole location on: MARSH AVE. (Tabled - Palmieri September 28, 2010)

Attachments

No Action Taken

 

15g.

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 - Lukes September 28, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table Resolution adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Nay - Lukes)

 

16.

SUSPENSION OF RULES

16a.

Motion Haller @ #4a & 4b CC - Request City Clerk request Charter Communications, in preparation for the recessed hearings on October 12, 2010, to provide information as to the intent of the spur, why they are doing this work and if future work should be expected.

Attachments

Order adopted

 

16b.

Motion Haller @ #12a CC - Request City Manager send a copy of City Council item #12a to all neighborhood and business associations.

Attachments

Order adopted

 

16c.

Motion Haller - Suspension of Rules - presented the following motion on behalf of the entire City Council - Request City Manager provide City Council with a report regarding a plan to end Homelessness in Worcester with particular details on the progress to close the PIP Shelter at 701 Main St. and outstanding barriers to closing it within 30 days. Further, request this report to be provide at the October 12, 2010 City Council meeting.

Attachments

Order adopted

 

16d.

PETITION - Councilor Joffrey A. Smith on behalf of Mary Williams request resurfacing of sidewalks in Lynnwood Lane where necessary.

Attachments

Referred to Public Works Committee

 

16e.

PETITION - Councilor Joseph M. Petty request resurfacing of sidewalks in Temple St. between Harding St. and Green St.

Attachments

Referred to Public Works Committee

 

16f.

PETITION - Councilor William J. Eddy and Councilor Joffrey A. Smith on behalf of Susan Ames request installation of a “Go Children Slow” sign in vicinity of 164 Flagg St.

Attachments

Referred to Traffic and Parking Committee