CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 7, 2010

Esther Howland Chamber

Convened: 7:15 P.M.

Recessed to Executive Session: 8:46 P.M. (Executive Session scheduled to convene on Dec. 14, 2010 at 6:30 P.M.) Reconvened to Open Session on Dec. 14, 2010 from Exec. Sess. to Adjourn the Dec. 7, 2010 City Council Meeting: 7:32 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 except Councilor Germain and 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 November 23, 2010.

Attachments

Order adopted

 

5.

ELECTION OF TWO MEMBERS TO THE LIBRARY BOARD OF DIRECTORS - Deborah Packard and Phyllis Harrington were elected for a six year term

6.

FIRST ITEM OF BUSINESS

6a.

Order of Councilor Konstantina B. Lukes - Request City Manager request the City Solicitor for a legal opinion regarding the definition and scope of the states charitable tax exemption and whether the real estate tax exemption is mandated or authorized and if it is authorized how the exemption can be amended or eliminated.

Attachments

This item was taken up with items #11k, #11L, #11m and #12c. Placed on file

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Councilor Clancy requested a moment of silence in remembrance of all the veterans who gave their lives to protect our freedoms during war since today, December 7th, is the anniversary of the beginning of WWII and the bombing of Pearl Harbor.

 

7b.

Mayor O'Brien read a Proclamation declaring the month of December as "First Night Worcester Month". Mayor O'Brien invited Joyce Kessler, Executive Director of First Night Worcester to speak to City Council.

Attachments

 

7c.

At Suspension of Rules Councilor Clancy requested an update concerning the Tax Classification Hearing. The City Manager requested City Council to consider rescheduling the hearing to December 21, 2010. There was no objection therefore, the Tax Classification Hearing will take place on December 21, 2010 at 7:00 P.M.

 

7d.

At Suspension of Rules Mayor O'Brien recognized the City Manager who requested an Executive Session on December 14, 2010. There were no objections therefore, the City Council of the City of Worcester will meet in Executive Session on Tuesday, December 14, 2010 at 6:30 P.M. for matters concerning litigation.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Reynaldo Navarro request abatement of street betterment assessment #24873 in the amount of $5,852.36 on Cliveden St.

Attachments

Referred to Public Works Committee

 

9b.

James Lennon request sidewalk repair at 61 Havelock Rd.

Attachments

Referred to Public Works Committee

 

9c.

Councilor Joffrey A. Smith request sidewalk repair along the Merrill Rd. side of 40 Proctor St.

Attachments

Referred to Public Works Committee

 

9d.

Councilor Joffrey A. Smith on behalf of Steve Greaney request sidewalk repair in front of 16 Dorothy Avenue.

Attachments

Referred to Public Works Committee

 

9e.

James Lennon request to install sidewalks from where they end at 61 Havelock Rd. to Colonial Rd.

Attachments

Referred to Public Works Committee

 

9f.

Louise Faiola request handicap parking in front of 115 Endicott St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Patricia Aboody et al request to provide for 30 minute parking in front of 36, 38, & 40 Elm St.

Attachments

Referred to Traffic and Parking Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager consider pool demolition as a top priority.

Attachments

Order adopted

 

10b.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager consider adding to the Revitalization Fund the use of CDBG funds for the demolition of the remaining seven (7) closed pools.

Attachments

Order adopted

 

10c.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager update the City Council concerning the 7-year plan for 5 swimming pools and 5 spray parks and also address the current lack of any aquatic facility in District One.

Attachments

Order adopted

 

10d.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager and the Commissioner of the Department of Public Works and Parks to recommend creative financing within the capital budget ceiling for pool demolition.

Attachments

Order adopted

 

10e.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - That the City Council Standing Committee on Youth, Parks and Recreation Committee hereby transmits an informational communication to City Council relative to a presentation from the Commissioner of Public Works and Parks Robert L. Moylan concerning planned improvements to Parks and Aquatic Facilities.

Attachments

Placed on file

 

10f.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - That the City Council Standing Committee on Youth, Parks and Recreation Committee hereby requests the Standing Committee on Public Service & Transportation to install new street lighting in Stockton St. from Ames St. to Vernon St.

Attachments

Referred to Public Service and Transportation Committee

 

11.

ORDERS

11a.

Request City Manager report to City Council concerning the feasibility of having all city meetings that have been video recorded posted onto You Tube so that they can be available with subtitles and translated in various languages. (O'Brien)

Attachments

Motion Toomey to amend: Further, request City Manager request City Solicitor to provide a legal opinion regarding the accuracy of a City Council transcriptions. Order adopted as amended

 

11b.

Request City Manager report to City Council concerning the feasibility of incorporating the City of Portlandís open source PDX Reporter application for Android into the Department of Public Works customer service call center. (O'Brien)

Attachments

Order adopted

 

11c.

Request City Manager via the Technical Services Department, investigate some of the ways the Calgary, Alberta City Council is expanding opportunity for transparency and reaching more audiences. (Toomey)

Attachments

Order adopted

 

11d.

Request City Manager report to City Council regarding the viability of establishing wireless internet service in the cityís parks.(Toomey)

Attachments

Mayor recognized Frank Winship, from Charter Communication, who offered to help the city to achieve this service. Order adopted

 

11e.

Request City Manager consider the feasibility of establishing a partnership between local health care providers and BikeShare to encourage that BikeShare start-up their program to encourage cycling as a healthy, accessible and sustainable mode of transportation in Worcester. (Toomey)

Attachments

Order adopted

 

11f.

Request City Manager cause to have Green Hill Golf Course and restaurant signs installed at appropriate locations. (Toomey)

Attachments

Order adopted

 

11g.

Request City Manager contact all the mapping companies to ensure that the correct driving directions are being provided for access to the Green Hill Golf Course and restaurant. (Toomey)

Attachments

Order adopted

 

11h.

Request City Manager utilize Twitter and Facebook for the purpose of marketing the Green Hill Golf Course. (Toomey)

Attachments

Order adopted

 

11i.

Request City Manager review the policy for street conversions to ensure that the property owners on streets to be made public are made aware of the costs, the importance of attending hearings, and the programs available to assist owners to pay betterment assessments. (Toomey)

Attachments

Order adopted

 

11j.

Request City Manager request the City Solicitor provide City Council with any statute or regulation that mandates the monitoring of accuracy of can and bottle recycling machines and coin converting machinery. (Toomey)

Attachments

Order adopted

 

11k.

Request City Manager report on what are the state requirements that charities must meet in order to qualify for tax exempt status. (Lukes)

Attachments

Order adopted

 

11l.

Request City Manager report on the following; 1.) a list of the non profits that own tax exempt property along with the addresses of their tax exempt properties; 2.) estimated value of exempt city real estate owned by non profit entities; 3.) percentage of exempt real estate compared to the total real estate value; 4.) tax savings for those non profits with tax exempt property; and 5.) the tax savings as a percentage of total real estate tax revenues. (Lukes)

Attachments

Order adopted

 

11m.

Request City Manager provide a report listing all PILOT payments currently in effect whether by nonprofits or by governmental entities and the details of those payments. (Lukes)

Attachments

Order adopted

 

11n.

STREET BETTERMENT ASSESSMENT - ROSITA ROAD

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

12.

COMMUNICATIONS

12a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting:Benchmarking Economic Development in Worcester: 2010.

Attachments

Referred to Economic Development Committee

 

12b.

Michael V. O'Brien, City Manager, transmitting communication recommending City Council's review, deliberation and adoption of the attached Order amending Rule 22 of the City Council in order to create a new Standing Committee on Military and Veterans' Affairs.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

12c.

Michael V. O'Brien, City Manager, transmitting communication relative to the laws that provide non-profit institutions tax exempt status in the Commonwealth.

Attachments

Recommitted to the City Manager

 

12d.

Michael V. O'Brien, City Manager, transmitting communication relative to the James Street Bridge Replacement Project.

Attachments

Referred to Traffic and Parking Committee

 

13.

REPORTS OF THE COMMITTEE ON MUNICIPAL OPERATIONS

13a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager requesting City Council's Authorization of the Implementation of a Revolving Loan Fund at the Worcester Public Schools for the Upkeep of Foley Stadium: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

13b.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Procurement of an Electronic Permit Management System: recommend Communication be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Issuance of a Consolidated Tax Bill Mailing: recommend Communication be placed on file.

Attachments

Accepted

 

13d.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Early Retirement Incentive (ERI) Program: recommend Communication be placed on file.

Attachments

Accepted

 

13e.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the City's Recent Bond Ratings: recommend Communication be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager relative to the legality of City Council endorsement of the recommendations from the Mayor's Social Service Task Force: recommend Communication be placed on file.

Attachments

Accepted

 

13g.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilor Philip P. Palmieri - Request the City Council Standing Committee on Municipal Operations immediately commence the process for a contract renewal with the City Manager: recommend Order be placed on file.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION

14a.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Tree Replanting in the Greendale/Burncoat Area: recommend Communication be placed on file

Attachments

Accepted

 

14b.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Re-Forestation of the City: recommend Communication be placed on file

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to an update on the status of the Renovations to the Worcester Common: recommend Communication be placed on file

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Public Shade Tree Reforestation Program for 2010 and 2011: recommend Communication be placed on file

Attachments

Accepted

 

14e.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Enhancements to Institute Park: recommend Communication be placed on file

Attachments

Accepted

 

14f.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to a Status Report on the Crompton Park Pool: recommend Communication be placed on file

Attachments

Accepted

 

14g.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting communication relative to Funding Allocations and Sources for City Parks, Open Space, and Recreation Areas: recommend Communication be placed on file

Attachments

Accepted

 

14h.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to Activities of the Youth Opportunities Office: recommend Communication be placed on file

Attachments

Accepted

 

14i.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Councilor William J. Eddy request swing set for children be installed at Elm Park playground: recommend Petition be placed on file

Attachments

Recommitted to Youth, Parks and Recreation Committee

 

14j.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order Councilor Paul P. Clancy Jr. - Request all the City Council Standing Committees review and establish their top two or three priorities and report back to City Council by mid April: recommend Order be placed on file

Attachments

Accepted

 

14k.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order Mayor Konstantina B. Lukes - Request all City Council Standing Committees report to City Council for the December 9, 2008 City Council meeting a status report of each committees goals and objectives as established for Fiscal Year 2009: recommend Order be placed on file

Attachments

Accepted

 

14l.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilor Gary Rosen - Request the City Manager and the City Council's Standing Committee on Youth, Parks and Recreation determine the need for appropriate signs in our parks and playgrounds providing information to visitors concerning park rules and city ordinances, including the fact that dogs, even on leashes, are not allowed: recommend Order be placed on file

Attachments

Accepted

 

15.

TO BE ORDAINED

15a.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 26 South St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15b.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 5 Plane St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15c.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 179 Delmont Ave.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15d.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 39 Granby Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15e.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 7 Congress St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15f.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 3 Stoneland Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15g.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking on the West Side of Leeds St. Adjacent to 14 Fales St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15h.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 111 Grand View Ave.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15i.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 5 Royal Rd.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15j.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking Space on Manomet St. Adjacent to 91 Lakewood St. and relocate the space closer to Lakewood St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15k.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking on Both Sides of Salford St. from Vale St. to the Entire Frontage of 18 Salford St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15l.

Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Woodbine St. One Way Southerly from Oliver St. to Beaver St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind No Parking 9:00 PM to 8:00 AM on the South Side of Oliver St.

Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to Make Oliver St. One Way Westerly from Florence St. to Birch St.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 Providing for Stop Sign on Woodbine St. at Beaver St. Facing Southbound Traffic on Woodbine St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15m.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Two (2) Handicap Parking Spaces in front of 6 Sheridan St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

15n.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on the east side of Sheridan St. opposite 6 Sheridan St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Germain absent)

 

16.

TABLED ITEMS

16a.

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

Attachments

No Action Taken

 

16b.

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

 

16c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Lou Cozzolino request to have stop signs installed on Commonwealth Ave. at the corners of Jennings St. and Enid St: recommend Petition be placed on file. (Tabled Clancy - November 23, 2010)

Attachments

No Action Taken

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES

17a.

Motion Smith @ #10a-10d CC - Request City Manager report to City Council with funding plan and timeline for construction of a pool in District One.

Attachments

Order adopted

 

17b.

Motion Toomey @ #11c CC - Request City Manager consider adding time codes to items on the City Council journal.

Attachments

Order adopted

 

17c.

Motion Clancy and Palmieri - Suspension of Rules - Request City Manger report to City Council regarding the distribution of the residential and commercial property rates if all residential properties of 5 units or more were assessed as commercial properties, and further, communicate the level that each rate decreases if all residential properties of 5 units or more were assessed as commercial properties.

Councilor Ruston moved to amend: Further, request a report for four units and up per building and the impact to tax collection.

Attachments

Order adopted

 

17d.

PETITION - Councilor Joffrey A. Smith and Councilor Frederick C. Rushton request Fales St. be added to the street resurfacing list.

Attachments

Referred to Public Works Committee

 

17e.

Motion O'Brien - Suspension of Rules - Request City Manager report to City Council the efforts to raise funds for both Thanksgiving and Christmas.

Attachments

Order adopted

 

17f.

Motion Clancy - Suspension of Rules - Request City Manager request City Solicitor report to City Council exactly what can be discussed in Executive Session.

Councilor Lukes moved to amend: Further, request the City Solicitor to specifically direct his attention to personnel matters and the appropriateness for going into Executive Session.

Attachments

Order adopted