CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 28, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:00 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 with the Mayor in the Chair.

4.

PRESENTATION - District 4 Challenger Division Certificates of Achievement

4a.

Mayor O'Brien read the certificate of achievement and congratulated everyone for the success of this 2011 baseball season. The Mayor invited City Councilor Rushton to say a few words. Councilor Rushton thanked all the volunteers and players for making this a phenomenal experience. James Marshall and Tucker offered their thanks for this recognition.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of June 14, 2011.

Attachments

Order adopted

 

6.

FIRST ITEM OF BUSINESS - EVALUATION OF THE CITY MANAGER

6a.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting his self-evaluation for the body of work and accomplishments of his Administration on behalf of City Council and community for Fiscal Year 2011.

Attachments

Mayor O'Brien instructed that City Councilors would speak in the following order: Councilors Clancy, Palmieri, Haller, Rushton, Lukes, Toomey, Petty, Eddy, Smith, Germain and he would be the last speaker. Mayor O'Brien requested the City Manager to say a few words. City Manager O'Brien thanked the City Council for their kind and constructive words and he also thanked his incredible administrative team. Placed on file

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Mayor O'Brien read and presented a Proclamation declaring July 20, 2011 as Independence of Colombia Day. At the invitation of the Mayor a Worcester resident who is from Colombia addressed City Council by expressing her thanks for this recognition and the opportunity of sharing her culture through this celebration.

Attachments

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

David Gabis, et al request sidewalk repair in front of 39 and 41 Richards St.

Attachments

Referred to Public Works Committee

 

9b.

Mae Pietal Lindquist request sidewalk repair in front of 41 and 43 Kosta St.

Attachments

Referred to Public Works Committee

 

9c.

Ralph Cobb request "Right Lane Right Turn Only" in Mountain St. East westbound from Burncoat St. to West Boylston St.

Attachments

Referred to Traffic and Parking Committee

 

9d.

Raymond Mariano, Executive Director Worcester Housing Authority on behalf of residents of Booth Apartments request to remove the four existing handicap parking spaces and install seven new handicap parking spaces located at 13, 17, 33, 72, 79, 82 and 83 Haven Lane.

Attachments

Referred to Traffic and Parking Committee

 

10.

COMMUNICATION

10a.

Michael V. O'Brien, City Manager, transmitting communication relative to Order of Taking - Belmont Street West Transportation Improvement Project.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor O'Brien moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

11.

TO BE ORDAINED

11a.

Amending Chapter 12 Section 23 of the Revised Ordinances of 2008 relative to Sidewalk Snow Removal.

Attachments

Referred to Public Works Committee

 

11b.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 11 Hillside St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11c.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 29 Hollis St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11d.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 83 Fox St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11e.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking at 16 New Vista Lane (Diagonal Parking)

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11f.

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

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11g.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 19 Ingleside Ave.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11h.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 64 Dover St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11i.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 11 Richards St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11j.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide for Handicap Parking in front of 19 Garland St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11k.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking Five Feet North of the Driveway Entrance to 125 Brooks St. to a Pt. 20' North of Said Entrance from 8:00 am to 5:00 pm Monday to Friday.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11l.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking between the Driveways of 218 to 222 Chandler St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11m.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Install Two Hour Parking 8:00 am to 5:00 pm Monday to Saturday in front of 198 to 202 Russell St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11n.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind 30 Minute Parking Meters on Front St. between Commercial St. and Franklin St. and Install One Hour Parking 8:00 am to 6:00 pm Monday to Friday.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11o.

Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to Revise the Winter Ban on Birch Hill Rd. from Claridge Rd. to Easterly Dead End from No Parking Both Sides when Declared to No Parking on the Even Numbered Side when Declared.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11p.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to Provide for Resident Permit Parking in front of #9 Canton St. up to and including #35 Canton St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

12.

TABLED ITEMS

12a.

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

 

12b.

COMMUNICATION of the City Manager transmitting informational communication relative to a Legal Challenge Relative to City's Tobacco Advertising Ordinance. (Tabled - Clancy June 21, 2011 for Executive Session July 19, 2011 at 6:00 P.M.)

Attachments

No Action Taken

 

12c.

COMMUNICATION of the City Manager recommend adoption of the Fiscal Year 2012 Capital Improvement Plan. (Tabled - Clancy June 21, 2011 and to be First Item of Business July 19, 2011)

Attachments

No Action Taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Councilor Clancy, Chairman of the Public Works Committee, requested the following Two (2) Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the St. Vincent Hospital Cancer Center Project - City Square. (Alteration of Public Street Layout - Eaton St., Front St., Foster St.): recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted on roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager request a Public Hearing to Decree Janice Nadeau Way a Public Street: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted on roll call vote of 11 Yeas & 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays

 

13c.

Councilor Haller, Chairperson of the Public Safety Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager Recommend Adoption of a Resolution to File and Accept Three (3) Grants from the Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant, MA Executive Office of Public Safety and Security Edward Byrne Grant, and the Bureau of Justice Assistance Bulletproof Vest Partnership Program Grant: recommend adoption of the accompanying three resolutions.

Attachments

Accepted & Three Resolutions adopted on roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

13d.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend that City Council Rescind Loan Order No. 8.38 QQ from the June 21, 2011 City Council Agenda and Replace with the attached Loan Order in the Amount of Six Million Nine Hundred Fifty Five Thousand Dollars and No Cents ($6,955,000.00) and that this amount be appropriated to Account #91C7802A, Capital Equipment to fund various City-wide Capital Equipment Purchases for Fiscal Year 2012.

Attachments

The City Council voted to rescind the vote taken on June 21, 2011 to advertised the Loan Order, calendar item #8.38QQ, and to Advertise the new proposed loan as recommended on a roll call vote of 11 Yeas and 0 Nays. Reconsideration denied on a roll call vote of 0 Yeas and 11 Yeas.

 

13e.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend that City Council Rescind Loan Order No. 8.38B from the June 21, 2011 City Council Agenda and Replace with the attached Loan Order in the Amount of Two Million Two Hundred Fifty Thousand Dollars and No Cents ($2,250,000.00) and that this amount be appropriated to Account #91C7412B, Street Resurfacing, for costs associated with Street Re-surfacing Programs.

Attachments

The City Council voted to rescind the vote taken on June 21, 2011 to advertised the Loan Order, calendar item #8.38B, and to Advertise the new proposed loan as recommended on a roll call vote of 11 Yeas and 0 Nays. Reconsideration denied on a roll call vote of 0 Yeas and 11 Yeas.

 

13f.

COMMUNICATION of Michael V. O'Brien, City Manager, that City Council Rescind Loan Order No.8.38R and Replace with the Attached Loan Order in the Amount of Two Million Three Hundred Ten Thousand Dollars and No Cents ($2,310,000.00) and that this amount be appropriated to Account #91C7112A, Citywide Building Rehabilitation, to fund improvements to various Citywide Buildings.

Attachments

The City Council voted to rescind the vote taken on June 21, 2011 to advertised the Loan Order, calendar item #8.38R, and to Advertise the new proposed loan as recommended on a roll call vote of 11 Yeas and 0 Nays. Reconsideration denied on a roll call vote of 0 Yeas and 11 Yeas.

 

13g.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend the Adoption of a Loan Order in the Amount of Six Hundred Thousand Dollars and No Cents ($600,000.00) be appropriated to account #91C7932A, Golf Improvement, to fund costs associated with Re-design and Improvements at Green Hill Golf Course.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

13h.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend Adoption of a Loan Order in the Amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00 be appropriated to account #91C7842N, Park Improvements, to fund costs associated with Improvements to Greenwood Park.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

13i.

COMMUNICATION of Michael V. O'Brien, City Manager, recommend adoption of an Amendment to the Salary Ordinance for Local 170, Teamsters - Department of Public Works (DPW) Clerks Bargaining Unit.

Attachments

Order adopted and proposed Salary Ordinance voted to adverise on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

13j.

COMMUNICATION of Michael V. O'Brien, transmitting informational communication relative to the James Street Bridge Traffic Mitigation Plan.

Attachments

Placed on file

 

13k.

Motion Petty @ #13j CC - Request City Manager request the Commissioner of Public Work & Parks consider installing a left turn arrow at the intersection of Heard and Stafford Sts.

Attachments

Order adopted

 

13l.

Motion Petty @ #13j CC - Request City Manager request the Police Chief determine if the traffic problems resulting from the James Bridge reconstruction are a speed or volume issue.

Attachments

Order adopted

 

13m.

Motion Eddy @ #13j CC - Request City Manager determine if there is the feasibility of utilizing police from other agencies like the sheriff's department at the lights at the intersection of Heard and Stafford Sts. to aid in the moving of traffic during rush hours.

Attachments

Order adopted

 

13n.

Motion Ruston @ #13j CC - Request City Manager report to City Council for the July 19th City Council meeting if the timeline for the reconstruction James Street Bridge changes.

Attachments

Order adopted

 

13o.

Motion Toomey - Suspension of Rules - Request City Manager work with the Worcester Public Schools to develop a list of ten schools that need rehabilitation and submit them the Commonwealth's School Building Authority.

Attachments

Order adopted

 

13p.

Motion Toomey - Suspension of Rules - Request City Manager prepare and file legislation with the Great and General Court that requires skateboarders to wear headgear while riding skateboards anywhere in the Commonwealth.

Attachments

Order adopted

 

13q.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a report concerning the damage done to Franklin St. as a result of CSX construction.

Attachments

Order adopted

 

13r.

Motion Eddy - Suspension of Rules - Request City Manager request the Health and Planning Departments report to City Council concerning repetitive construction noise and its impact to resident's long term health.

Attachments

Order adopted

 

13s.

Motion Eddy - Suspension of Rules - Request City Manager request the City Solicitor report to City Council regarding the noise ordinance as it relates to construction equipment in residential neighborhoods.

Attachments

Order adopted

 

13t.

PETITION - Councilor Michael J. Germain request to make Phoenix Street a public street.

Attachments

Referred to Planning Board