CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 1, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:21 PM


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 Petty with the Mayor in the Chair. Councilor Petty arrived at 7:19 PM

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 October 18, 2011.

Attachments

Order adopted

 

5.

PUBLIC HEARING

5a.

Hearing - NATIONAL GRID for pole location: MILLBURY STREET

Granting permission to NATIONAL GRID for pole location: MILLBURY STREET

Attachments

Hearing Held Mayor O'Brien moved to table the Order to approve Tabled - O'Brien

 

6.

ITEMS OF CITIZEN INTEREST

6a.

Mayor O'Brien read and presented a Proclamation declaring November 1, 2011 as Worcester World Cup Soccer Day.

Attachments

 

6b.

Mayor O'Brien moved to suspend the rules to allow a citizen to speak. Scott Ricker, a Worcester resident, was recognized and he made a request to move the handicap parking spaces in Foster St. (see item #17q)

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Steven Chin et al request to install additional street lights in Eden St.

Attachments

Referred to Public Service and Transportation Committee

 

8b.

Kevin Dang request to install street light in front of 27 Chicopee St.

Attachments

Referred to Public Service and Transportation Committee

 

8c.

Ana Freeman request street repair in Radmore St.

Attachments

Referred to Public Works Committee

 

8d.

Ana Freeman request sidewalk repair in Radmore St.

Attachments

Referred to Public Works Committee

 

8e.

Councilor Barbara G. Haller on behalf of Ben Houston request installation of a four-way Stop at the intersection of Canterbury and Gardner Streets in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

8f.

State Representative John Fresolo on behalf of Arlene Castle request the installation of a handicapped parking space in front of 9 Esther Street.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Tara & Christopher Gervais request "Children" signs in Tyson Rd.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Devin Coleman request an investigation to be conducted by City Council into the current location of Mayoral Records as defined by the Massachusetts Public Records Law for all mayors to whom the law is applicable; that being those mayors who left office between 2004 and present day as the law states that records must be retained for public access for seven years.

Attachments

Councilor Clancy moved to table the item under privilege Tabled under Privilege - Councilor Clancy

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Commissioner of Public Works and Parks install Children Cautionary Signs and repaint crosswalk in Erie Ave. at Country Club Blvd.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager provide City Council with an update on the work being done by the Worcester Police Department and community partners as part of the Shannon Grant Program and Safe and Successful Youth Grant Program. (O'Brien)

Attachments

Order adopted

 

10b.

Request the Mayor and the Latino Education Institute Commission present their report to the Standing Committee on Education. (Toomey)

Attachments

Order adopted

 

10c.

Request City Manager provide City Council with a report revealing the number of motor vehicle accidents at or near the intersection of Canterbury and Gardner Streets over the past twelve months. (Haller)

Attachments

Order adopted

 

10d.

Request City Manager report on the city policy concerning public art and wall art and the definition of each including graffiti. (Lukes)

Attachments

Order adopted

 

10e.

Request City Manager provide City Council with clarification of the city’s policy concerning the selling of tax title liens. Further, request an explanation be made concerning the process that led to the reported sale of residential property and eviction of a family on Harrison Street. (O'Brien)

Attachments

Councilor Petty moved to amend: Further, request City Manager report what were the outstanding property tax liabilities before the ordinance was passed, that allowed the selling of tax title liens, what are the outstanding liabilities today, how the selling of tax title liens has aided in the collection of taxes, so this information may provide a picture showing the need to pass this type of policy. Order adopted as amended

 

10f.

Request City Manager arrange for the re-installation of American flags on the exterior of the Memorial Auditorium in time for the Veterans’ Day exercises. (Petty)

Attachments

Order adopted

 

10g.

Request City Manager provide City Council with an report detailing the proposed new bus routes that will be implemented when the downtown terminal is brought online; the impacts to the elderly, students and employers who all rely on public transportation. (Petty)

Attachments

Councilor Haller moved to amend: Further, report how downtown businesses were impacted during the last bus strike and if the bus hub is relocated how this could impact downtown businesses. Order adopted as amended

 

10h.

Request City Manager work with community partners to develop a gourmet food truck festival for May 2012. (Rushton)

Attachments

Councilor Toomey moved to amend: Further, request City Manager contact Charter television channel 3 and The Food Channel to attract them to the proposed gourmet food truck festival. Order adopted as amended

 

11.

COMMUNICATIONS

11a.

Michael V. O'Brien, City Manager, transmitting communication relative to the City to sign a two-year municipal electricity supply contract with the low bidder ConEdison Solutions.

Attachments

Placed on file

 

11b.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Downtown Worcester Office Occupancy: 2011 Survey".

Attachments

Placed on file

 

12.

RESOLUTION

12a.

That the City Council of the City of Worcester hereby opposes the “Strengthening Our Schools” amendment to the state casino bill. (Rushton, Petty, O'Brien)

Attachments

While under Suspension of Rules item #12a was taken up - Councilor Eddy moved to be recused - Motion approved on a roll call vote of 10 Yeas and 0 Nays. Councilor Eddy was recused. Mayor O'Brien invited Tracy Novick to speak; she spoke in support of the resolution. Mayor O'Brien moved for a roll call vote - Roll call vote was taken which resulted in a vote of 9 Yeas and 0 Nays (Lukes did not respond). Mayor O'Brien inquired whether Councilor Lukes voted or not Councilor Lukes stood and moved to Table the item Under Privilege (this motion makes the vote to adopt Not Put) Tabled Under Privilege - Lukes

 

12b.

That the City Council of the City of Worcester hereby recognizes the coaches and players of the St. Peter-Marian Guardian and Doherty Memorial High School Highlander football teams for the real-life display of inclusiveness during their game on Friday, October 21, 2011. (Rushton)

Attachments

Councilor Germain elaborated on the resolution by stating that on October 21, 2011 a football game took place between St. Peter-Marian and Doherty High Schools. This football game gave Patrick Myshrall who is a student with special needs and a football player for St. Peter-Marian's football team, a chance to play in this game. It was arranged by both coaches to get Patrick into the game if an opportunity arose and it did. Patrick was given a chance to be part of the game and he was able to score his first touchdown. The coaches, the players and Patrick were able to achieve a moment that goes above and beyond the game itself and a true demonstration of sportsmanship and humanity. Councilor Rushton stated Patrick's decision to play football says a lot about who Patrick is and how he does not see boundaries and he in turn helped a community to also not see boundaries. The coach's stand to have Patrick as a member of the football team is a shining example on how the community values its individuals. Patrick's involvement made the football teams better for it, the community was made better for it and Patrick was made better for it. Worcester has a heart in it's symbol but this event is a demonstration of the heart of Worcester's community. Councilor Eddy wanted to thank Coach Thomas Henrickson of St. Peter Marian High School and Coach Sean Mulcahy of Doherty High School for being great role models and wanted to thank them for setting the best example for the young men of this community. Councilor Toomey stated that she was extremely proud of everyone involved and thanked them for showing the community an incredible example of true sportsmanship. Mayor O'Brien presented the coaches with a key to the city. A key will be privately presented to Patrick by Councilors Germain and Rushton. Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

13.

REPORTS OF THE PLANNING BOARD

13a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending approval to discontinue a portion of the area between the sidewalk of Foster St. and the railroad that abuts Union Station pursuant to Mass. General Law, Chapter 40, Section 15, 15A

Attachments

Referred to Public Works Committee

 

13b.

REPORT OF THE PLANNING BOARD Upon the Petition of Frank Fechner, MD, request McRae Court be made public.

Attachments

Referred to Public Works Committee

 

13c.

REPORT OF THE PLANNING BOARD Upon the Petition of Michael Lanava request to make public the private portion of Oriol Dr.

Attachments

Councilor Toomey moved to be recused. Mayor O'Brien moved for a roll call vote to suspend the rules to allow the request - Rules Suspended on a roll call vote of 11 Yeas and 0 Nays. Mayor O'Brien moved for a roll call vote to recuse Councilor Toomey - Approved on a roll call vote of 11 Yeas and 0 Nays. Councilor Toomey recused. Referred to Public Works Committee

 

13d.

REPORT OF THE PLANNING BOARD Upon the Petition of Joan Green, Trustee of Samrae Realty Trust request the developer's portion of Rustic Drive be accepted as a public way.

Attachments

Referred to Public Works Committee

 

13e.

REPORT OF THE PLANNING BOARD Upon the Petition of John Lynch et al request Sierra St. be made public.

Attachments

Referred to Public Works Committee

 

13f.

REPORT OF THE PLANNING BOARD Upon the Petition of Tracey Walles request Stearns St. be made public.

Attachments

Referred to Public Works Committee

 

13g.

REPORT OF THE PLANNING BOARD Upon the Petition of Howard & Thelma Lockwood request Sunnyview Heights be made public.

Attachments

Referred to Public Works Committee

 

14.

REPORTS OF THE COMMITTEE ON TRAFFIC & PARKING

14a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Donna Catanese request installation of crosswalk in Outlook Dr. near the playground: recommend adoption of the accompanying Order

Attachments

Accepted & Adopted

 

14b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sheida DelRio request to install handicap parking space in front of 15 Blanche St.: recommend Petition be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cindy Wyman request handicap parking signs in front of 23 Larch St. be removed: recommend Petition be placed on file.

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sandra Seith request handicap parking space in front of 45 Parsons Hill Dr.: recommend Petition be placed on file.

Attachments

Accepted

 

14e.

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

Attachments

Accepted

 

14f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy on behalf of Joshua Webb request to install a stop sign at Longfellow Rd. as it intersects with Coolidge Rd.: recommend Petition be placed on file.

Attachments

Accepted

 

14g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Francis Brother request installation of a children cautionary signage and crosswalk at the intersection of Flagg St. and Meadowbrook Rd.: recommend Petition be placed on file.

Attachments

Accepted

 

14h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Steven Stella request to install handicap parking space on the Carlstad St. side of 43 Kosta St.: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

14i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Deborah Vincequere request to install two (2) handicap parking spaces in front of 3 Almont St.: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

14j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Wendell Wills request the intersection of Sigel St. and Bigelow St. be made a 4-way stop: recommend the Petition be denied.

Attachments

While under Suspension of Rules Councilor Haller moved to reconsider - Reconsideration approved on a roll call vote of 11 Yeas and 0 Nays. Councilor Haller moved to recommit the item to Traffic & Parking Committee. Recommitted to Traffic and Parking Committee

 

15.

TABLED UNDER PRIVILEGE

15a.

COMMUNICATION of the City Manager transmitting informational communication relative to Roll Your Own Tobacco Machines. (Tabled - Germain October 25, 2011)

Attachments

Councilor Germain moved to table the item under privilege for a second time. Mayor O'Brien moved for a roll call - Motion approved on a roll call vote of 11 Yeas and 0 Nays. Tabled Under Privilege - Germain

 

16.

TABLED ITEMS

16a.

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

 

16b.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

Attachments

No action taken

 

16c.

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011)

Attachments

No action taken

 

16d.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

Attachments

No action taken

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES

17a.

COMMUNICATION of Michael V. O'Brien, City Manager, recommending City Council's confirmation of the Appointment of David Lapierre to the Election Commission.

Attachments

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

 

17b.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the City's Snow Storm of October 29-30, 2011.

Attachments

Referred to Public Service and Transportation Committee

 

17c.

Motion Petty @ #17b CC - Request City Manager request NGrid to report to City Council what needs to be invested to stabilize the city's infrastructure. This report should include where the weak spots are in the infrastructure, plans for tree trimming around power lines, do they have enough employees to handle a storm and a plan for future installations such as placing lines underground.

Attachments

Order adopted

 

17d.

Motion Eddy @ #17b CC - Request City Manager request NGrid detail what investments have been made in the three key distribution sub stations in the west side (Tatnuck, Cooks Pond/Tory Fort Lane and Assumption).

Attachments

Order adopted

 

17e.

Motion Eddy @ #17b CC - Request City Manager contact other surrounding towns and jointly send a letter to the State DPU and request them to ask NGrid to prove what investments they've made in infrastructure, show their return on their investments and to make a firm commitment to proactively address their aging infrastructure. (Eddy)

Attachments

Order adopted

 

17f.

Motion Toomey @ #17b CC - Request the School Administration find a better plan to inform the public of any emergency situations concerning school operations and have them become more involved in emergency operations.

Attachments

Order adopted

 

17g.

Motion Rushton @ #17b CC - Request the Committee on Public Service and Transportation explore the feasibility of the long term benefits in creating a Worcester municipal utility for electrical power generation and distribution.

Attachments

Order adopted and Referred to Public Service and Transportation Committee for informational purposes.

 

17h.

Motion Rushton @ #17b CC - Request City Manager conduct a study of municipal utility operations in other communities that includes learning when and why they chose to supply their own electrical power.

Attachments

Order adopted

 

17i.

Motion Lukes @ #17b CC - Request the Mayor invite the city's Central Massachusetts Delegation to discuss legislation that would make available tax incentives for capital improvements to utility infrastructure. Further, request the delegation to pursue pending legislation that would make it easier for municipalities to provide their own utilities.

Attachments

Order adopted

 

17j.

Motion Lukes @ #17b CC - Request City Manager request NGrid to provide City Council with their plan to address utility outages and further, request a report as to how many outages have occurred in the last two years.

Attachments

Order adopted

 

17k.

Motion Palmieri @ #17b CC - Request City Manager request NGrid provide a proposal that identifies the areas where trees can be cut to prevent the future outages and have NGrid fund the cutting of these trees by foresters.

Attachments

Order adopted

 

17l.

Motion Haller @ #17b CC - Request City Manager provide City Council with a report concerning how the alert notifications, that were put in place after the 2008 ice storm, where effective, the means they were employed and why, how these alerts penetrated the community as well as the languages that where used in communicating information.

Attachments

Order adopted

 

17m.

Motion Lukes @ #12a CC - Request City Clerk provide City Council with the Strengthening Our Schools amendment to the state casino legislation.

Attachments

Order adopted

 

17n.

Motion Toomey @ #12a CC Request City Clerk ensure that back up be provided to City Council whenever a reference in a petition or order is made to a document or legislation, etc…

Attachments

Order adopted

 

17o.

Motion Clancy @ #8h CC - Request City Manager request the City Solicitor report what role the City Council would have in an investigation as requested in calendar item #8h. Further, request guidance from the Secretary of State concerning this petition.

Attachments

Order adopted

 

17p.

Motion Smith @ #11a CC - Request City Manager provide City Council with a six month progress report regarding the implementation of ESCo that is being conducted by Honeywell.

Attachments

Order adopted

 

17q.

PETITION - Scott Ricker request handicap parking spaces in the south side of Foster St. adjacent to the parking garages be relocated to the north side of Foster St. adjacent to the DCU to the due to the lack of a curb cuts in Foster St.

Attachments

Referred to Traffic and Parking Committee

 

17r.

Motion Rushton - Suspension of Rules - Request City Manager remove the storm debris in Howatson Way so the street may be opened to traffic.

Attachments

Order adopted

 

17s.

Motion Rushton - Suspension of Rules - Request City Manager provide a report concerning the appropriateness of eighteen wheeler trucks driving on the residential portion of Pleasant Street.

Attachments

Order adopted

 

17t.

Motion Rushton - Suspension of Rules - Request City Manager report to City Council as to whether 25 Ellis Drive has complied with orders issued by the Conservation Commission.

Attachments

Order adopted

 

17u.

PETITION - Councilor Frederick C. Rushton on behalf of Jane Boggs request sidewalk repair in front of 45 Circuit Ave East.

Attachments

Referred to Public Works Committee

 

17v.

Motion Palmieri - Suspension of Rules - Request City Manager investigate the problem concerning a developer not plowing LaSalle Avenue.

Attachments

Order adopted

 

17w.

PETITION - Mayor Joseph C. O'Brien request a crosswalk be installed in Prouty Lane and Bailey Street at Spillane Field.

Attachments

Referred to Traffic and Parking Committee

 

17x.

Motion O'Brien - Suspension of Rules - Request City Manager have the problem properties team investigate the code enforcement concerns at 37 Tirrell Street and report to City Council the results of the investigation and any police actions that may have occurred.

Attachments

Order adopted