CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 6, 2011

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 8:16 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.

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 22, 2011.

Attachments

Order adopted

 

5.

ELECTION OF TWO MEMBERS TO THE LIBRARY BOARD OF DIRECTORS - Judy Finkel and James Kersten were elected for a six year term.

6.

RECONSIDERATION

6a.

In accordance with Rule 41 of the Rules of City Council, Councilors Paul P. Clancy, Jr. and Councilor Joseph M. Petty are hereby requesting reconsideration of the vote of City Council taken on November 29, 2011 relative to the Communication from the City Manager transmitting informational communication relative to any impact the alterations of Coral Street would have on Emergency Vehicles Response Times to this area.

Attachments

City Council voted to approve reconsideration on a roll call vote of 11 Yeas and 0 Nays Councilor Clancy moved to Refer the Communication to Traffic & Parking Committee Referred to Traffic & Parking Committee

 

7.

FIRST ITEMS OF BUSINESS

7a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works Upon the 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: recommend adoption of the accompanying Order. (Tabled Under Privilege - Germain November 29, 2011)

Attachments

Mayor O'Brien moved to request to be recused from considering items #7a - 7d - Mayor O'Brien was recused on a roll call vote of 10 Yeas and 0 Nays. Report Accepted - Councilor Haller moved to divide the Order within item #7a into parts 1, 2 and 3 and vote them separately. - Approved on a Voice Vote Councilor Haller moved to table under privilege part 1 of the Order to the December 19, 2011 City Council meeting- Vice Chair Lukes moved for a roll call vote to table part 1 for a second time under privilege - Tabled Under Privilege (Haller) to the December 19th City Council Calendar on a roll call vote of 8 Yeas and 2 Nays (Yeas - Clancy, Eddy, Haller, Lukes, Palmieri, Petty, Smith, Toomey) (Nays - Germain, Rushton) Councilor Haller moved to approve parts 2 & 3 of the Order. Vice Chair Lukes moved for a roll call - Order as amended adopted on a roll call vote 6 Yeas and 4 Nays. (Yeas - Clancy, Haller, Palmieri, Petty, Smith, Toomey) (Nays - Eddy, Germain, Lukes, Rushton) Vice Chair Lukes moved for reconsideration of the vote to adopt the Order as amended - Reconsideration denied on a roll call vote of 4 Yeas and 6 Nays. (Yeas - Eddy, Germain, Lukes, Rushton) (Nays - Clancy, Haller, Palmieri, Petty, Smith, Toomey)

 

7b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Robert Longden on behalf of the Trustees of Clark University request approval of a twenty (20) foot wide driveway curb cut at the junction of Woodland St. & Downing St: recommend adoption of the accompanying Order. (Tabled Under Privilege - Germain November 29, 2011)

Attachments

Accepted & Adopted on a roll call vote of 6 Yeas and 4 Nays (Yeas - Clancy , Haller, Palmieri, Petty, Smith, Toomey) (Nays - Eddy, Germain, Lukes, Rushton) (Recused - O'Brien see item #7a) Reconsideration denied on a roll call vote of 4 Yeas and 6 Nays (Yeas - Eddy, Germain, Lukes, Rushton) (Nays - Clancy , Haller, Palmieri, Petty, Smith, Toomey)

 

7c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Public Works Upon the Communication of the City Manager relative to the traffic impact of closing Downing Street from Woodland Street to Florence Street: recommend Report and Communication be placed on file. (Tabled Under Privilege - Germain November 29, 2011)

Attachments

Councilor Haller moved to table Tabled - Haller

 

7d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Downing Street Closure Traffic Survey and Impact Report: recommend Communication be placed on file. (Tabled Under Privilege - Germain November 29, 2011)

Attachments

Councilor Haller moved to table Tabled - Haller

 

8.

ITEMS OF CITIZEN INTEREST

8a.

Mayor O'Brien introduced and welcomed a delegation of Russian physicians who are health professionals sponsored by the International Center of Worcester.

 

8b.

Mayor O'Brien and Councilor Toomey recognized co-directors of the Camp Reach, a girls engineering program sponsored by various local non-profit organizations, to congratulate them for their winning The Presidential Award for Excellence in Science, Mathematics, and Engineering Mentoring.

 

8c.

Mayor O'Brien recognized Dianne Bruce and Rachel Brown and others from Common Pathways so they could thank City Council for new sidewalks being constructed throughout the city.

 

8d.

Councilor Smith stood to thank Harvard Pilgrim Health Care and City Year for donating paint for the locker rooms and athletic equipment for Doherty Memorial High School. This will bring the facilities up to modern standards and he wanted to thank all the volunteers for their efforts.

 

8e.

Councilor Haller rose to commend the Worcester Police Department for their efforts in solving the recent murder that occurred downtown.

 

9.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

10.

PETITIONS

10a.

Jaclyn Cawley request resident permit parking for Mars St.

Attachments

Referred to Traffic and Parking Committee

 

10b.

Councilor Philip P. Palmieri request the installation of a crosswalk in front of the Grove Street veteransí facility.

Attachments

Referred to Traffic and Parking Committee

 

10c.

Elizabeth VanOrden request resident permit parking on the Mars St. side of 22 Louise St.

Attachments

Referred to Traffic and Parking Committee

 

10d.

Hoi Nguyen request installation of a handicap parking space in front of 63 King St.

Attachments

Referred to Traffic and Parking Committee

 

10e.

NSTAR for gas main location: MONTGOMERY AVE.

Attachments

Hearing set for December 13, 2011 - 7:00 P.M. Note: the December 13, 2011 City Council meeting was cancelled and the hearing was held on December 19, 2001.

 

11.

ORDERS

11a.

Request City Manager request the Police Chief monitor Melrose Street for violations of the truck ban. (Palmieri)

Attachments

Order adopted

 

11b.

Request City Manager work with the Worcester Housing Authority Board of Commissioners and Executive Director to obtain a pontoon and docking facility for the Lincoln Park Tower at 11 Lake Avenue. (Palmieri)

Attachments

Order adopted

 

11c.

Request City Manager work with the Worcester Business Development Corporation to incorporate parking for the veteransí facility into any plans for development of the site at 75 Grove Street. (Palmieri, Petty)

Attachments

Order adopted

 

11d.

Request City Manager request the Police Chief install speeding surveillance in Davidson Rd. (Palmieri)

Attachments

Order adopted

 

11e.

Request City Manager work with the Massachusetts Highway Department to review and correct the issues that have arisen as a result of the streetscape improvements made to the Green/Temple/Harding neighborhood. (Petty, Palmieri)

Attachments

Order adopted

 

11f.

Request City Manager request the City of Worcester representative to the Lake Quinsigamond Commission address the concerns of alleged hazardous waste washing ashore to the Worcester side of the lake in the vicinity of Lake Park. (Petty, Palmieri)

Attachments

Order adopted

 

11g.

Request City Manager establish a policy for reviewing records of outgoing Mayors to insure that public records are preserved. (Lukes, O'Brien)

Attachments

Order adopted

 

11h.

DECREE TO MAKE PUBLIC: PLANTATION PARKWAY

Attachments

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

 

11i.

SEWER BETTERMENT ASSESSMENT: CLAY STREET

Attachments

Order adopted

 

12.

COMMUNICATION

12a.

Michael V. O'Brien, City Manager, transmitting communication relative to upcoming public meetings hosted by the state Department of Public Utilities.

Attachments

Placed on file

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

13a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of George Mouradian request Bauer St. be resurfaced: recommend approval of the accompanying Order.

Attachments

Accepted & Order adopted

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ana Freeman request street repair in Radmore St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mary Perry request the sidewalk and driveway of 64 Hadwen Rd. be repaired: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kenneth Black request sidewalk repair in front of 19 Iowa St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith request sidewalk repair in front of 97 Barry Road: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request on behalf of Edward Hanley request sidewalk repair at 4 Rich St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy on behalf of Allan Jellson request curb and berm repair at 34 Paradox Dr: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of James Biliouris request sidewalk repair in front of 47 Brantwood Rd: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jeff Oliver request sidewalk repair in front of 37 Burncoat Terrace: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Marta Nowak request sidewalk repair in vicinity of 22 Elnora Dr: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ana Freeman request sidewalk repair in Radmore St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13l.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joe Perec request sidewalk repair in front of 32 Suffield St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13m.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Andrea Savastano request sidewalk repair in front of 33 Tampa St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13n.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Terrence & Christine Sullivan request sidewalks be replaced in front of 12 Massachusetts Ave: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13o.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Frederick C. Rushton on behalf of Jane Boggs request sidewalk repair in front of 45 Circuit Ave East: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13p.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy on behalf of the Moreland Green Drive Neighborhood Association request repair of pot hole at 54 & 59 Moreland Green Drive: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

14.

TO BE ORDAINED

14a.

Amending Section 2, Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Grafton St. area. (395, 405, 413 & 415 Grafton St.)

Attachments

Ordained on roll call vote of 11 Yeas and 0 Nays

 

14b.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Provide Handicap Parking in front of 19 Sturgis St.

Attachments

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

 

14c.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking on Biltmore Rd. behind 1011 Pleasant St.

Attachments

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

 

14d.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 44 Providence St. and Relocate it in front of Lot #46 Providence St.

Attachments

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

 

14e.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking in front of 45 Parsons Hill Dr.

Attachments

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

 

14f.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking in front of 15 Enfield St.

Attachments

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

 

14g.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking in front of 4 Lund St.

Attachments

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

 

14h.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking Opposite 158 Chino Ave. (Diagonal Parking)

Attachments

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

 

14i.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 83 Russell St.

Attachments

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

 

14j.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Rescind Handicap Parking in front of 539 Burncoat St.

Attachments

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

 

14k.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking on Maywood St. Opposite 2 Stevens Rd.

Attachments

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

 

14l.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking in front of 67 Providence St.

Attachments

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

 

14m.

An Ordinance Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide Handicap Parking in front of 7 Lucian St.

Attachments

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

 

14n.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Extend No Parking Anytime on the Belmont St. side of 50 Adams St. to safely accommodate the visibility of the residents exiting the driveways due to parked vehicles.

Attachments

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

 

14o.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to Provide for 30 Minute Parking in front of 805, 807, and 809 Main St.

Attachments

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

 

14p.

Amending Section 40 of Chapter 13 of the Revised Ordinance of 2008 to Revise the Resident Permit Parking on Roxbury St. from William St. to 17 Roxbury St. Changing the Existing Times, 10:00 pm to 7:00 am.

Attachments

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

 

15.

TABLED UNDER PRIVILEGE

15a.

COMMUNICATION of the City Manager recommending that the loan order this Council adopted on July 19, 2011, which authorized the borrowing of Four Hundred and Fifty Thousand Dollars ($450,000), for Park Improvement, Indian Hill Salter School Property, be hereby amended in its entirety. (Tabled - Smith Novermber 29, 2011)

Attachments

Councilor Smith moved to recommit the communication to the City Manager. Recommitted to City Manager

 

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 Administrationís 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.

Motion Lukes @ #5 CC - Request the City Clerk explain to the Library Board of Directors applicants the election process for being selected to become a member of this board.

Attachments

Order adopted

 

17b.

RESOLUTION @ #12a CC - That the City Council of the City of Worcester does hereby endorse the letter from City Manager O'Brien to the Secretary of the Department of Public Utilities. (Haller)

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

17c.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and congratulates Bill Gibbons, head coach of the women's basketball program at the College of the Holy Cross on the occasion of his 500th winning game. (Toomey)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

17d.

RESOLUTION - That the City Council of the City of Worcester hereby recognized the extraordinarily successful efforts of the start on the Street, start at the Station committees, Worcester Center for Crafts and supported by Worcester State University, who have, throughout 2011, attracted thousands of visitors and shoppers to Worcester. (Toomey)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

17e.

PETITION - Councilor William J. Eddy request sidewalk repair in front of 15 and 17 Herbert Rd.

Attachments

Referred to Public Works Committee

 

17f.

PETITION - Councilor Paul P. Clancy, Jr. on behalf of Elizabeth Wilder request abatement of street betterment assessment #24954 in the amount of $11,651.45 for Dupuis Avenue.

Attachments

Referred to Public Works Committee

 

17g.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report concerning a sweep in East Highland neighborhood checking properties for code violations or illegal lodging houses and other violations that create nuisance properties and further, request this report before the end of the year.

Attachments

Order adopted

 

17h.

Motion Palmieri - Suspension of Rules - That it shall be an additional standard of conduct that the City Clerk and Assistant City Clerks shall be prohibited from retaining fees collected for the solemnization of marriages performed at City Hall or any other city property during regular business hours; and, the City Clerk and all Assistant City Clerks shall collect the statutory fees for the solemnization of marriages performed at City Hall during regular business hours and remit those fees to the City Treasurer for deposit as a General Fund receipt; and, this Order shall take effect on January 1, 2012 and shall remain in effect until revised or repealed by order of the City Council.

Attachments

Councilor Germain moved to File. Councilor Haller moved to table under privilege. Councilor Clancy moved to have this as First Item of Business on December 13, 2011. Tabled Under Privilege (Haller) - First Item of Business December 13, 2011 Note: the December 13, 2011 City Council meeting was cancelled and this item was heard on December 19, 2001.

 

17i.

Motion Rushton - Suspension of Rules - Request City Manager provide a previously requested report concerning 25 Ellis Drive and whether it is in compliance with orders from the Conservation Commission and various other boards.

Attachments

Order adopted

 

17j.

Motion Rushton - Suspension of Rules - Request City Manager provide enforcement of the existing truck ban on the residential portion of Pleasant St. and provide a previously requested report concerning the appropriateness of trucks driving on this section of Pleasant St. and request this update by the December 19th City Council meeting.

Attachments

Order adopted