CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 29, 2011

Esther Howland Chamber

Convened: 7:09 P.M.

Adjourned: 8:47 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 Lukes and the Mayor in the Chair. Councilor Lukes arrived at 7:13 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 15, 2011.

Attachments

Order adopted

 

5.

RECONSIDERATION

5a.

In accordance with Rule 41 of the Rules of City Council, Councilor Joffrey A. Smith requests reconsideration of the vote of City Council taken on March 22, 2011 to Accept and Place on file the REPORT OF THE COMMITTEE ON TRAFFIC & PARKING Upon the Petition of Andrew Cariglia requesting to change the Winter Parking Ban in Regent St. from both sides to even side only.

Attachments

Reconsideration approved on a voice vote - Recommitted to Traffic & Parking Committee

 

6.

FIRST ITEMS OF BUSINESS

6a.

PRESENTATION by William J. Ford, City Assessor - "Demonstration of New Assessor's Imagery Software"

Attachments

Placed on file

 

6b.

PRESENTATION by Joel J. Fontane, Director of Planning & Regulatory Services - "Brief Presentation of Proposed Changes to the Sign Ordinances"

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Mayor O'Brien read a proclamation and declared April 3, 2011 as Rock-the-Block for Cancer Awareness Day. Chris Coughlin, Shrewsbury resident appeared and spoke about the event taking place this weekend.

 

7b.

At the beginning of the City Council meeting under suspension of the rules Mayor O'Brien recognized Councilor Toomey who requested to announce that Tim Collins a Technical High School graduate will make his inaugural appearance this week as the Major League Baseball season opens. Tim has been named as a starting line-up pitcher for the Kansas City Royals. His family will be in attendance as he throws his first baseball in a major league game and Councilor Toomey wanted to wish for them to have an exciting time in the stands as their son will have standing on the pitcher's mound. This is another Worcester success story, from our outstanding technical high school.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Anne O'Connor, Chair of the Worcester Planning Board, requesting amendments to the Zoning Ordinance Article VI - Floodplain Overlay District.

Attachments

Referred to Planning Board

 

9b.

Attorney Donald O'Neil on behalf of Rodney Perro request to amend Zoning Map by changing zoning classification of four parcels of land located at 395, 405, 413 and 415 Grafton St. in their entirety and portions of the land at 375 and 359A (aka 355) Grafton St. abutting said street to a depth of 100 feet from RG-5 to BL-1.0 by extending the BL-1.0 Zone at the intersection of Grafton St and Hamilton St. southeasterly along the easterly side of Grafton St.

Attachments

Referred to Planning Board

 

9c.

Attorney J. Daniel Woodyshek on behalf of Wells Fargo Bank N.A. request to remove a five foot wide strip of land abutting 17 Emery St. which represents a minute portion of the Lachapelle St. right of way from the Official Map.

Attachments

Referred to Planning Board

 

9d.

Grace DeMauro request the City grind the tree stump in front of 67 Trinity Ave.

Attachments

Referred to the Department of Public Works & Parks

 

9e.

Lena Shea request removal of dead City tree in front of 20 Barnes Ave.

Attachments

Referred to the Department of Public Works & Parks

 

9f.

Daniel Buduo, Jr.and Daniel Buduo, Sr. request Northboro St. be resurfaced.

Attachments

Referred to Public Works Committee

 

9g.

Elaine Bell request sidewalk repair on the Coral St. side of 89 Harrison St.

Attachments

Referred to Public Works Committee

 

9h.

Grace DeMauro request sidewalk repair in front of 67 Trinity Ave.

Attachments

Referred to Public Works Committee

 

9i.

James Ciociolo request sidewalk repair in front of 96-98 Uncatena Ave.

Attachments

Referred to Public Works Committee

 

9j.

Carol O'Brien and Alberto Pawlowicz request sidewalk repair in front of 15 Eunice Ave.

Attachments

Referred to Public Works Committee

 

9k.

John Kacevich et al request South Ward St. be resurfaced.

Attachments

Referred to Public Works Committee

 

9l.

John Kacevich et al request parking only on the odd numbered side of South Ward St.

Attachments

Referred to Traffic and Parking Committee

 

9m.

John Kacevich request Harlem St. from South Ward St. to Millbury St. be made a two way street.

Attachments

Referred to Traffic and Parking Committee

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

DEPARTMENT OF HUMAN RESOURCES
 

10.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
 

10.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

10.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
A.

Transmitting Informational Communication Relative to the Sign Ordinance Policy.

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 
B.

Transmitting Informational Communication Relative to the Sign Ordinance as Amended by the Economic Development Committee.

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 
 

10.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

10.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

10.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

10.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

10.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

10.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

10.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

10.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2011.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to Fiscal Year 2012 Water and Sewer Rates.

Attachments

Referred to Public Works Committee

 
C.

Recommend Adoption of an Order of Taking for a Watershed Land Acquisition.

Attachments

Order adopted

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Family of the Late John W. Spillane, Attorney at Law for the Renovations to Spillane Field Located at the Bailey Prouty Playground.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Relative to the Scheduled Community Meetings to Discuss the Master Plan for Improvements to University (Crystal) Park.

Attachments

Placed on file

 
 

10.16

FIRE DEPARTMENT
 

10.17

POLICE DEPARTMENT
 

10.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

10.19

LICENSE COMMISSION
 

10.20

LAW DEPARTMENT
A.

Transmitting Amendments to the Draft Tobacco Ordinance for City Council's Review, Deliberation and Approval.

Attachments

Mayor O'Brien recognized the following speakers: 1. Laurie Ross, Worcester resident, HOPE Coalition Director 2. William Breault, Worcester resident, Main South Alliance for Public Safety 3. Michael Lanava, Worcester resident, Worcester Regional Chamber of Commerce 4. Dave Murdock, Executive VP, Honey Farms, no residence given 5. Jo Hart, Worcester resident 6. Walter Gerveau, Worcester resident Councilor Germain moved to table the item under privilege. Tabled Under Privilege - Germain

 
 

10.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

10.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

10.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

10.24

DIVISION OF PUBLIC HEALTH
 

10.25

DIVISION OF ELDER AFFAIRS
 

10.26

WORCESTER PUBLIC LIBRARY
 

10.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

10.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.29

PUBLIC SCHOOL DEPARTMENT
 

10.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the Fiscal Year 2012 Recertification Process.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Filing an Abatement.

Attachments

Placed on file

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to FY2011 Assessment Procedures.

Attachments

Placed on file

 
 

10.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

10.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

10.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

10.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Nine Thousand Nine Hundred Thirty Dollars And Sixty Cents ($9,930.60) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of Central Garage equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Lukes, Smith absent)

 
B.

Recommend that Ninety Seven Thousand Ninety Eight Dollars And No Cents ($97,098.00) be transferred from Account # 91C7111C, Building Rehabilitation Worcester Public School, and appropriated to Account #50C704, School Building Rehabilitation, to pay for services related to various school rehabilitation improvements.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Lukes, Smith absent)

 
 

10.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #121-92000, Law Court Judgments, and be appropriated to Account #120-92000, Law Ordinary Maintenance, to provide funding for the remainder of Fiscal Year 2011.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Lukes, Smith absent)

 
 

10.37

FINANCE ITEMS
Prior Year
 

10.38

FINANCE
Loan Orders
 

10.39

MISCELLANEOUS AGENDA TRANSMITTALS
11.

REPORT OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Longden, on behalf of the Trustees of Clark University, request the discontinuance of Downing St. as a public way from Woodland St. to Florence St. and for the removal of Downing St. from the Official City Map.

Attachments

Referred to Public Works Committee

 

12.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

12a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting a petition of the Planning Board regarding the Sign Overlay District: recommend passage of the accompanying Proposed Ordinance.

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Report of the Economic Development Committee Upon the Communication of the City Manager recommending City Council's review, deliberation and adoption of the Proposed Sign Ordinance Amendment: recommend passage of the accompanying Proposed Ordinance, as amended.

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - 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 billboard signs in the Blackstone Parkway area and along numbered highways 290 and 190 and primary roadways: recommend Order be given leave to withdraw

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12d.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Chairman's Order from Public Health & Human Services Committee - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would regulate exterior signs that advertise the retail sale of tobacco products: recommend Chairman's Order be given leave to withdraw

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12e.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Chairman's Order from the Public Health & Human Services Committee - Request the Standing Committee on Economic Development consider adding language to the proposed zoning ordinance signage amendment concerning certain language that would include tobacco sale prohibitions in exterior signage along the Blackstone River Parkway corridor: recommend Chairman's Order be given leave to withdraw

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12f.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Proposed Sign Ordinance: recommend Communication be given leave to withdraw

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

12g.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to responses to Chairman's Orders from the Standing Committee on Economic Development Concerning the Proposed Sign Ordinance: recommend Communication be given leave to withdraw.

Attachments

Councilor Palmieri moved to table this under privilege Tabled Under Privilege - Palmieri

 

13.

LOAN ORDER TO BE ADOPTED

13a.

That a sum of Five Hundred Thousand Dollars And No Cents ($500,000.00) be appropriated to Account #91C7841M, Parks Improvement Acquatic Demolition, to fund the demolition of various citywide acquatic pools.

Attachments

Loan Order adopted on a roll call vote of 9 Yeas and 0 Nays (Lukes, Smith absent)

 

14.

TABLED ITEMS

14a.

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

Attachments

No Action Taken

 

14b.

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

 

14c.

COMMUNICATION of the City Manager transmitting informational communication relative to the Sign Ordinance Amendments Relative to Billboards. (Tabled - Rushton March 15, 2011)

Attachments

No Action Taken

 

14d.

COMMUNICATION of the City Manager transmitting informational communication relative to the Sign Ordinance Presentation that was made to the City Council's Sub-Committee on Economic Development. (Tabled - Rushton March 15, 2011)

Attachments

No Action Taken

 

14e.

PETITION of NATIONAL GRID for conduit location on: HARLEM ST. and WARD ST. (Tabled - Haller March 22, 2011)

Attachments

No Action Taken

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Motion O'Brien @ #10.20A CM - Request City Manager request the City Solicitor report to City Council the impact of the proposed tobacco control ordinance will have on existing convenience stores.

Attachments

Order adopted

 

15b.

Motion Lukes @ #10.20A CM - Request City Manager request the City Solicitor report to City Council any pending lawsuits concerning the proposed ban on the sale of tobacco products.

Attachments

Order adopted

 

15c.

Motion Toomey @ #10.20A CM - Request City Manager report to City Council the number of stings conducted by the Department of Public Health and what facilities were targeted.

Attachments

Order adopted

 

15d.

Motion Eddy @ #10.20A CM - Request City Manager provide City Council with a report concerning similar bans on the sale of tobacco products in other Massachusetts communities and if the ban did anything to decrease the percentage of smoking in that community and the impacts of that implementation.

Attachments

Order adopted

 

15e.

Motion Lukes @ #10.20A CM - Request City Manager report to City Council as to who was notified when the tobacco sale control topic was heard in sub-committee and who was notified for the March 29th City Council meeting.

Attachments

Order adopted

 

15f.

Motion Haller @ #10.30A CM - Request City Manager provide City Council with maps and information concerning how neighborhoods are defined within the neighborhood delineating process for property valuation purposes.

Attachments

Order adopted

 

15g.

Motion Lukes @ #10.30A CM - Request City Manager keep City Council updated concerning the progress of the pilot program for determining assessments to properties using the Vision software and request a presentation be made in City Council concerning the status of the assessment process prior to August.

Attachments

Order adopted

 

15h.

Motion Clancy - Suspension of Rules - That City Manager's calendar item #10.14B concerning Fiscal Year 2012 Water & Sewer Rates will be heard at the City Council's Standing Committee on Public Works meeting on April 13, 2011.

Attachments

Order adopted

 

15i.

Motion Toomey - Suspension of Rules - Request City Manager investigate the possibility of taking back ownership of 48 Mason St. for the purpose of turning it into a community garden facility. Further, request the City Manager request the Regional Environmental Commission participate in determining the feasibility of such a conversion.

Attachments

Order adopted

 

15j.

Motion Germain - Suspension of Rules - Request City Manager consider health insurance buyout program whereby employees would be paid to go off the city health plan and onto a plan under a spouse's employment.

Attachments

Order adopted

 

15k.

Motion O'Brien - Suspension of Rules - Request City Manager provide to City Council for the April 5, 2011 City Council meeting a report concerning details of the GIC like plan.

Attachments

Order adopted

 

15l.

Motion Palmieri - Suspension of Rules - Request City Manager consider looking at purchasing a second machine for snow removal through the capital outlay.

Attachments

Order adopted