CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 11, 2011

Esther Howland Chamber

Convened: 7:06 P.M.

Adjourned: 8:27 P.M.

Mayor
Joseph C. O'Brien

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

After the Star Spangled Banner was sung, Mayor O'Brien requested that all remain standing for a moment of silence in recognition of the horrendous shootings that took place in Tucson, AZ resulting in loss of life and for those struggling with the repercussions.

Mayor O'Brien read a Proclamation declaring January 11, 2011 as Human Traffic Awareness Day and recognized and allowed Attorney Jayna Turchek from Lutheran Immigration Legal Assistance to address City Council.

Mayor O'Brien suspended the rules to hear Laurie Ross and Paul Hernandez, Worcester residents and representatives of the Hope Coalition, as well as Michael Lanava, Worcester resident and a representative of the Worcester Regional Chamber of Commerce, concerning further restrictions on the sale of tobacco in health care facilities and pharmacies as well as the banning of tobacco signage.

Mayor O'Brien recognized and allowed Debbie Malone, Worcester resident, to speak concerning a Goddard Memorial Drive bus stop petition that has already been dealt with by the Traffic & Parking Committee and the City Council. (see item #15a)

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of December 21, 2010.

Shannon Franke et al request sidewalk in front of 142 Burncoat St. be repaired.

Councilor Joffrey A. Smith on behalf of Ryan Kittredge request sidewalk repair in front of 111 King Philip Rd.

Attorney Robert Longden on behalf of Worcester Academy request to release all rights, title and interest to parcels of land located at 0 Providence St. and 25 Winthrop St.

Dr. Daniel Abdo request sidewalk repair in front of 136 Russell St.

Evangeline Michaelides request sidewalk repair in front of 41 Monroe St.

Damary Martinez request to install handicap parking space in front of 23 Larch St.

Jamie Joly request resident permit parking in the one way section of King Philip Rd.

Christopher Comeaux et al request stop signs be installed in the intersection of Baker and Wayne Sts.

Felicio Lana request parking meters in front of 57, 58 and 60 Chatham St. be removed and residential parking be installed.

FROM THE COMMITTEE ON PUBLIC WORKS - Request and authorize the Commissioner of Public Works and Parks to resurface the following streets: Falcon St., Franconia St., Ellsworth St., Hathaway St.., Sigel St., Somerset St., Kendig St., City View St., Southold Rd., Frank St., Rena St. and Vinton St. (see attached)

Request City Council consider amending the proposed zoning signage ordinance to include a prohibition on the future construction/conversion of free standing non accessory digital and non digital billboards signs in the Blackstone Parkway area and along numbered highways 290 and 190 and primary roadways. (Lukes)

Request City Manager request the City Solicitor for an opinion regarding the legal consequences of a receipt of a DBA certificate and compliance with city zoning ordinances. (Lukes)

Request City Manager report on the history of compliance by businesses which have received grants, loans, TIFs and other financial incentives for the past 7 years. (Lukes)

Request City Manager report on the real estate taxes due from the 100 highest commercial and industrial taxpayers for last year and this year, showing the increase or decrease as a result of the recent tax rates voted by the City Council. (Lukes, Haller)

Request City Manager report to City Council concerning the Department of Public Works’ scoring system for prioritizing street and sidewalk repairs. (O'Brien)

Request City Manager report to City Council on the top 100 taxpayers and delineated those that are commercial and residential taxpayers. (Clancy, Palmieri)

Request City Manager report to City Council on total number of all building permits issued in calendar year 2010 and delineate those that are residential and commercial properties with the total values for each. (Clancy, Palmieri)

Request City Manager report to City Council on the total dollars that have been saved in FY11 as a result of the passage of Section 18. (Clancy, Palmieri)

Michael V. O'Brien, City Manager, transmitting a communication relative to a discontinuance of a portion of highway laid out by Mass Highway on behalf of the City.

Michael V. O'Brien, City Manager, transmitting communication providing a legal opinion on land ownership for properties on Meadow Lane and a legal opinion as to snow removal responsibility for these properties.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to re-zone certain properties along Franklin St. from RL-7 and BL-1.0 to MG-2.0

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to re-zone the property at 0 Atlanta St. from RL-7 to MG-2.0

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to layout and decree public the existing Foch Ave.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to accept a deed of easement for street purposes from CSX Transportation Inc, or its nominee over a parcel of land at the terminus of Foch Ave, and layout and decree the parcel public, as part of the Foch Ave. public street layout.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager request authorization to accept a deed of easement for street purposes from CSX Transportation, Inc., in and over a certain parcel of land extending northerly from Grafton St., as shown on Exhibit C and layout and decree the parcel a public way.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cynthia Beaudoin request to remove handicap parking space in front of 51 Gates St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy on behalf of David and Julie Scott request to install a handicap parking space in front of 44 Paradox Rd.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Altagracia Rodriguez request to install a handicap parking space for 23 Perry Ave.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mark Douglas request to have handicap parking removed from in front of 19 Perry Ave.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tina Rodriguez request handicap parking space in front of 3 Home St. be removed.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Laura Holland et al request to install handicap parking space in front of 5 Home St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nancy Kelley request to install a handicap parking space at 18 Blanche St.: recommend passage of the accompanying proposed Ordinance for one space across the road at #17 Blanche St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jorge Pantoga request to install handicap parking space in front of 16 Ripley St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dorothy Palmer request to install handicap parking space in front of 121 Paine St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tina Nguyen request handicap space be removed from in front of 4 Stockton St.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas McLear et al request No Parking Zone be established from 24 Park Ave. to 36 Park Ave.: recommend passage of the accompanying proposed Ordinance to install No Parking from southerly driveway of 26 Park Ave. to a pt. 20' north of said driveway.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jean Majka request One-Hour Parking in front of 249 Millbury St.: recommend passage of the accompanying proposed Ordinance for One Hour Parking 8am-6pm Wednesday through Friday in front of 249 Millbury St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Councilor Paul P. Clancy, Jr. request two (2) hour meters in the Chestnut St. side of the Fanning Building be increased to four (4) hours: recommend passage of the accompanying two (2) proposed Ordinances.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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.: recommend passage of the accompanying proposed Ordinance

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Steve Westerman request two (2) 30 minute parking signs in front of 54 & 60 Green St.: recommend passage of the accompanying proposed Ordinance

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind handicap Parking in front of 85 Harding St. (Heywood Building).

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

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)

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)

PETITION to Set Hearing for NATIONAL GRID and VERIZON NEW ENGLAND, INC. to install one jointly owned pole and remove one jointly owned pole location: BRANDON ROAD (Tabled - Smith December 14, 2010)

RESOLUTION of Mayor Joseph C. O'Brien and Councilor Barbara G. Haller - That The City Council of the City of Worcester gives notice to the Commonwealth of Massachusetts and to manufacturers and distributors of products and packaging sold in our jurisdiction, that it supports the transfer of responsibility for the costs of managing discarded products to producers (brand owners and first importers), under oversight of the Massachusetts Department of Environmental Protection; and further, the city of Worcester urges the Massachusetts legislature to enact EPR legislation for discarded electronic waste this year, and Further, the city of Worcester urges the Massachusetts legislature to enact comprehensive EPR legislation based on the Framework Principles for Product Stewardship Policy; and Further, the city of Worcester will work with the Massachusetts Product Stewardship Council and the Massachusetts Department of Environmental Protection to enact EPR legislation and regulation. (Tabled - O'Brien January 4, 2011)

Motion of O'Brien @ #4d CC - That the City Council hereby refers the topic of a bus stop in Goddard Memorial Dr. to the City Manager.

Councilor Clancy, Chairman of the Public Works Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Lists for Street and Sidewalk Repair/Resurfacing and Associated Costs: recommend adoption of the accompanying Order

Motion Clancy @ #9a CC - Request City Manager provide City Council with a report as to whether an overlay put in place by the state, concerning billboards along the Blackstone Parkway, is still in existence.

Motion Toomey @ #9b CC - Request City Manager provide the City Assessor with corporation data from the Massachusetts Department of Revenue and Business Certificate data from the City Clerk Department so that he is able to classify residential properties with appropriate identifiers and identified as mixed use properties.

Motion Lukes @ #11c-11e CC - Request City Manager report to City Council the additional actions that the city will be involved in concerning the CSX freight yard.

Motion Clancy @ #11c-11e CC - That the City Council hereby requests the Planning Board to consider changing the name of Foch Avenue, a private street, to General Foch Avenue.

Motion Clancy @ #11c-11e CC - Request City Manager have a conversation with CSX and request them to develop some kind of signage briefly explaining the history of General Foch and his relationship with WWI veterans as well as the French and Polish heritage of the City.

Motion Rushton - Suspension of Rules - Request City Manager provide City Council with a report outlining the staffing and budget needs of the Human Rights and Disability functions of the City.

Motion Lukes - Suspension of Rules - Request City Manager post all collective bargaining contracts on the city web site.

PETITION - Councilor Toomey request installation of a “Go Slow Children” sign on Adelle Circuit on pole #4.

Motion Toomey - Suspension of Rules - Request City Manager reach out to the community via crowd sourcing relative to the ease of use and content of the city web site for suggestions for improvements.