CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 3, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:00 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor in the Chair

4.

SEATING DRAWN - CITY COUNCIL 2012 - 2013

5.

ADOPT RULES FOR THE CITY COUNCIL 2012 - 2013 - Rules Adopted on a roll call vote of 11 Yeas and 0 Nays.

6.

CAUSE THE PUBLISHING OF THE MANUAL FOR CITY COUNCIL 2012- 2013 - Voted to publish on a voice vote

7.

APPROVAL OF THE MINUTES

7a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of Decemer 19, 2011.

Attachments

Order adopted

 

8.

HEARING & ORDER

8a.

Hearing: NATIONAL GRID for a conduit location: BELMONT STREET

Granting permission to NATIONAL GRID for a conduit location: BELMONT STREET

Attachments

Hearing Held and Order adopted

 

9.

ITEMS OF CITIZEN INTEREST

9a.

Mayor Petty read a Proclamation declaring January 3, 2012 as Dr. Marianne Felice Day and the Council approved a Resolution honoring Dr. Felice for her work with the Infant Mortality Task Force. Dr. Felice thanked everyone for this recognition.

Attachments

 

9b.

At the request of Councilor O'Brien, Mayor Petty invited Nat Needle to sing a musical tribute to City Council.

 

10.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

11.

PETITIONS

11a.

Nick and Maria Tzikas request private street conversion for Aroostock St.

Attachments

Referred to Planning Board

 

11b.

Kathleen Vescera on behalf of Chester & Jennie Symonaick Living Trust request abatement for street betterment assessment #24958 in the amount of $13,900.32 for Dupuis Avenue.

Attachments

Referred to Public Works Committee

 

11c.

Marie Mulrain request installation of a handicap parking space in front of 23 Ingleside Ave.

Attachments

Referred to Traffic and Parking Committee

 

11d.

Theresa and Roger Coulombe request to repaint crosswalk at Webster St. and Jacques St.

Attachments

Referred to Traffic and Parking Committee

 

11e.

Howard Lubatkin request repair of sidewalks at the corner of Dorset St. and 27 Marwood Rd.

Attachments

Referred to Public Works Committee

 

11f.

Dr Fredrick Chassman request to install 30 minute parking in front of 192 Lincoln St.

Attachments

Referred to Traffic and Parking Committee

 

11g.

John Orrell request to install a Children Sign in the area of 98 Bjorklund Ave.

Attachments

Referred to Traffic and Parking Committee

 

11h.

NATIONAL GRID for a conduit location: LUCIAN ST.

Attachments

Councilor Rivera moved to be recused - Mayor Petty moved to suspend the rules - Approved on a roll call vote of 10 Yeas and 0 Nays - Councilor Rivera was recused on a roll call vote of 10 Yeas and 0 Nays. Hearing set for January 10, 2011 - 7:00 P.M.

 

11i.

Executive Director Deborah Packard and Dr. Leonard J. Morse of Preservation Worcester request City Council support their Clock Tower Mission to preserve the original Worcester State Hospital Clock Tower that has majestically graced the Worcester Skyline since 1877 reflecting dedication to the care of patients with mental illness and as a monument of hope in advancing improved understanding as to its cause as well as prevention and treatment.

Attachments

Mayor Petty recognized and invited the petitioners to speak to City Council concerning this petition. the accompanying Resolution was adopted on a roll call vote of 11 Yeas and 0 Nays. Referred to Economic Development for informational purposes only.

 

12.

COMMUNICATIONS OF THE CITY MANAGER

 

12.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointments of Constables for Calendar Year 2012.

Attachments

Placed on file

 
 

12.2

APPOINTMENTS
City Council Confirmation
 

12.3

DEPARTMENT OF HUMAN RESOURCES
 

12.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of a Resolution to File and Accept a Continuation of Funding under the Department of Housing and Urban Development's (HUD) Office of Healthy Homes and Lead Hazard Control (OHHLHC) Grant.

Attachments

Resolution adopted

 
B.

Recommend Adoption of a Resolution to File and Accept a Commonwealth Corporation Workforce Training Grant.

Attachments

Resolution adopted

 
C.

Recommend Adoption of a Resolution to File and Accept a Massachusetts Clean Energy Center Workforce Capacity Building and Youth Pipeline Opportunities Grant.

Attachments

Resolution adopted

 
D.

Recommend Adoption of an Amendment to Section Six (Signs) of the City's Zoning Ordinance.

Attachments

Referred to Planning Board

 
 

12.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the 2011 Christmas Drive Donations from the Department of Public Works and Parks Employees.

Attachments

Placed on file

 
 

12.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Recommend Adoption of an Ordinance to Amend Section 45 of Chapter 13 of the Revised Ordinances of 2008 to Install a Passenger Zone in Front of the Worcester Superior Court House, Located at 225 Main Street and Further Recommend that Section 42 of Chapter 13 be Amended to Install Two Parking Spaces to be Reserved for Trial Court Vans in Front of the Worcester Superior Court House Located at 225 Main Street.

Attachments

Referred to Traffic and Parking Committee

 
 

12.7

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 November 2011.

Attachments

Referred to Public Works Committee

 
 

12.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

12.9

FIRE DEPARTMENT
 

12.10

POLICE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a Police-Based Jail Diversion Program Grant for Individuals with Mental Illnesses or Emotional Disturbances Offered through the Commonwealth of Massachusetts, Department of Mental Health.

Attachments

Resolution adopted

 
 

12.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

12.12

LICENSE COMMISSION
 

12.13

LAW DEPARTMENT
 

12.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

12.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

12.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

12.17

DIVISION OF PUBLIC HEALTH
 

12.18

DIVISION OF ELDER AFFAIRS
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of One Hundred Dollars and No Cents ($100.00) from the Melvin S. Cutler Charitable Foundation.

Attachments

Resolution adopted with gratitude

 
 

12.19

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Grant of Seven Hundred and Fifty Dollars and No Cents ($750.00) from the American Library Association to the Worcester Public Library.

Attachments

Resolution adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Two Hundred Fifty Dollars and No Cents ($250.00) to the Worcester Public Library in Memory of Joseph Hopkins.

Attachments

Resolution adopted with gratitude

 
 

12.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

12.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

12.22

PUBLIC SCHOOL DEPARTMENT
 

12.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

12.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

12.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

12.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

12.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

12.28

FINANCE ITEMS
Capital Transfers
 

12.29

FINANCE ITEMS
Operational Transfers
 

12.30

FINANCE ITEMS
Prior Year
 

12.31

FINANCE
Loan Orders
 

12.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Donations made from Various Businesses and Organizations toward the Day of Remembrance for Fallen Firefighter Jon Davies.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to an Update on the City's Initiatives to Address Vacant and Foreclosed Properties.

Attachments

Councilor Economou moved to be recused - Mayor Petty moved to suspend the rules - Approved on a roll call vote of 10 Yeas and 0 Nays - Councilor Economou was recused on a roll call vote of 10 Yeas and 0 Nays. Mayor Petty recognized and invited Grace Ross to speak concerning this item. Referred to Economic Development Committee

 
13.

ORDERS

13a.

Request City Manager provide City Council with a report concerning the impacts that will be realized at the Central Post Office at 4 East Central Street as a result of the closing of the Shrewsbury Distribution Center including impacts from increased trailer truck traffic accessing and exiting onto both Summer and East Central Streets. (Petty)

Attachments

Mayor Petty moved to amend: Further, request the report include the status concerning the possible closing of the two post offices located in downtown Worcester. Councilor O'Brien moved to amend: Further, request the Mayor send a letter to the city's congressional delegation expressing the council's concern relative to the adverse impacts the closing of the Shrewsbury postal facility will have to the Worcester community. Councilor Toomey moved to amend: Further, request the Mayor send a representative of the City Council to the hearing concerning the closing of the postal facility. Order adopted at amended

 

14.

COMMUNICATIONS

14a.

Mayor-Elect Joseph M. Petty transmitting for approval by City Council the meeting schedule for calendar year 2012.

Attachments

Approved on a voice vote

 

14b.

Mayor-Elect Joseph M. Petty transmitting the Standing Committee Assignments for the 2012-2013 City Council term.

Attachments

Placed on file

 

15.

RESOLUTION

15a.

That the City Council of the City of Worcester hereby recognizes Dr. Marianne E. Felice for her many years of service as Chairperson of the Worcester Infant Mortality Task Force. (O'Brien)

Attachments

Resolution adopted

 

16.

TO BE ORDAINED

16a.

Amending Chapter Eight, Section 44 of the Revised Ordinances of 2008 Relative to Clothing Donation Receptacles.

Attachments

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

 

17.

TABLED ITEMS

17a.

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

 

17b.

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

 

17c.

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

 

17d.

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

 

17e.

Petition of Joan Crowell request that during interim property valuation years, if the assessed valuation on any Real Estate Parcel is adjusted by more than 10%, the Assessor will notify the property owner, and mail the detailed Property Information Data Sheet, which will clearly show the reason for the adjustment. (Tabled - O'Brien December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Municipal Operations Committee

 

17f.

Petition of Joan Crowell request that if a Real Estate Property Abatement Application is denied, that the property owner be provided with an explanation as to why the Application was denied. (Tabled - O'Brien December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Municipal Operations Committee

 

17g.

COMMUNICATION of the City Manager transmitting informational communication relative to the Quarterly Economic Development Report. (Tabled - Rushton December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Economic Development Committee

 

17h.

COMMUNICATION of the City Manager transmitting the Economic Development Report Relative to Small Business Recruitment and Retention Efforts. (Tabled - Rushton December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Economic Development Committee

 

17i.

COMMUNICATION of the City Manager transmitting informational communication relative to an Update on the Division of Workforce Development. (Tabled - Rushton December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Public Health and Human Services Committee

 

17j.

COMMUNICATION of the City Manager transmitting informational communication relative to the Upper Blackstone Water Pollution Abatement District's (UBWPAD) Permit Appeal. (Tabled - Clancy December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Public Works Committee

 

17k.

COMMUNICATION of the City Manager transmitting informational communication relative to the Procedures for Tenants to Report No Heat or Insufficient Heat during the Cold Weather Months. (Tabled - O'Brien December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Public Health and Human Services Committee

 

17l.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to the Availability of Functional Showers in the City's High Schools. (Tabled - O'Brien December 19, 2011)

Attachments

Mayor Petty moved to take the item off the table - Approved on a voice vote Referred to Education Committee

 

18.

NEW BUSINESS UNDER SUSPENSION OF RULES

18a.

Motion Rushton @ #12.10A CM - Request City Manager provide a report to City Council clarifying the role of the personnel who will be providing on site emergency services, to the potential individuals needing mental health or substance abuse intervention, at the police department.

Attachments

Order adopted

 

18b.

Motion Palmieri @ #16a CC - Request City Manager provide City Council with a report concerning the clothing donation receptacles at Kelley Square. Further, request this report for the next City Council meeting.

Mayor Petty moved to have the report as First Item of Business on the January 10, 2012 agenda.

Attachments

Order adopted

 

18c.

PETITION - Councilor Philip P. Palmieri request signage on Davidson Rd to warn drivers to Slow Down and to drive cautiously because of Children in the area.

Attachments

Referred to Traffic and Parking Committee

 

18d.

Motion Palmieri - Suspension of Rules - Request City Manager review any opportunity to bring back US Passports to the City Hall.

Attachments

Order adopted

 

18e.

Motion O'Brien - Suspension of Rules - Request City Manager report to City Council the efforts being made to relocate the triage assessment center for the next city manager agenda and also make it available off-calendar as soon as possible.

Attachments

Order adopted

 

18f.

Motion Rushton - Suspension of Rules - Request City Manager report to City Council whether or not owners of the property on Ellis Drive , that is adjacent to Newton Avenue North and has a swamp problem which is adversely affecting other properties, have complied to orders issued from the Conservation Commission and other agencies.

Attachments

Order adopted

 

18g.

Motion Lukes - Suspension of Rules - Request City Manager hold an Executive Session to discuss the Spencer Tatum litigation and strategy for future litigation.

Attachments

Order adopted

 

18h.

Motion Lukes - Suspension of Rules - Request City Auditor provide City Council with a report relative to changes if any he would recommend in the process for the manual recounting of election ballots.

Attachments

Order adopted

 

18i.

PETITION - Councilor George J. Russell request the street lights at 88-90 Providence St. be corrected.

Attachments

Referred to Public Service and Transportation Committee

 

18j.

PETITION - Councilor Kathleen M. Toomey request street light repair on pole #7 at 41 Chatham St.

Attachments

Referred to Public Service and Transportation Committee

 

18k.

PETITION - Councilor Kathleen M. Toomey request street light repair to pole # 16 in Chestnut St. Extension.

Attachments

Referred to Public Service and Transportation Committee

 

18l.

PETITION - Councilor Kathleen M. Toomey request street light repair on the pole opposite house #36 in Irving St.

Attachments

Referred to Public Service and Transportation Committee

 

18m.

PETITION - Councilor Kathleen M. Toomey request street light repair to ornamental light poles in Irving Street near the intersection of Austin St.

Attachments

Referred to Public Service and Transportation Committee

 

18n.

PETITION - Councilor Kathleen M. Toomey request street light repairs at the intersection of Irving and Chandler Streets.

Attachments

Referred to Public Service and Transportation Committee