CITY OF WORCESTER

AGENDA OF THE CITY COUNCIL

Tuesday, May 28, 2013

Esther Howland Chamber

7:00 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

4.

APPROVAL OF THE MINUTES

4a Adopt

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of May 14, 2013.

Attachments
5.

HEARING & ORDER - 7:00 P.M.

5a Hold Hearing & Adopt

5a.

Hearing: CHARTER COMMUNICATIONS for conduit location in: COPLEY ROAD

Granting permission to CHARTER COMMUNICATIONS for conduit location in: COPLEY ROAD

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6.

ITEMS OF PUBLIC INTEREST - a person may speak for no more than 2 minutes on any items appearing on the agenda

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

8a - 8e Refer to Traffic & Parking Committee

8a.

John Ellis request to rescind handicap parking space in front of 11 Morningside Rd.

Attachments

8b.

Jeanne Gauthier request enforcement of the No Parking restrictions in Nelson Place near Nelson Place School and installation of "Do Not Block Driveway" signs.

Attachments

8c.

Councilor George J. Russell on behalf of Joseph Aromando request that the 30 MPH speed limit in Fairmont Avenue between Grafton Street and Bedford Avenue be enforced.

Attachments

8d.

Councilor George J. Russell on behalf of Joseph Aromando request the re-installation of the following signage that have been lost during reconstruction: One Thickly Settled sign in the vicinity of 236 Fairmont Avenue and One Go Slow Children sign in the vicinity of 208 Fairmont Avenue

Attachments

8e.

Councilor George J. Russell on behalf of Joseph Aromando request the installation of one handicap parking space in front of 236 Fairmont Ave.

Attachments
9.

CHAIRMAN'S ORDERS

9a - 9f Adopt

9a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request City Solicitor to provide a legal opinion to the City Council concerning its ability to levy a small surcharge on Worcester venue event tickets that would allow for the funding of public art projects.

Attachments

9b.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report as to where Animal Control Officers are embedded within the Police Department and further, request the City Manager consider giving protected benefits to Animal Control Officers similar to Police Officers. (Rushton)

Attachments

9c.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a detailed report that includes maps regarding fire response times through out the city for the past three (3) years. Further, request the report include response time statistics for other first time responders such as EMS and police. (Rushton, Petty, Lukes)

Attachments

9d.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report within three (3) months that provides suggestions from the Director of Communications as to what other protocols or strategies can be used to keep dispatchers on staff longer. (Lukes)

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9e.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks to view the Ricciardi property on Zoar St. and recommend solutions.

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9f.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request Commissioner of Public Works and Parks to consider deploying smaller capacity snow plowing equipment to Lauf St.

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10.

ORDERS

10a.

Request City Manager provide City Council with an employment chart by department that reveals the city or town of residence for those employees at the time of being hired in Fiscal 2010, 2011 and 2012 as compared with those same employees' city or town of residence for the current fiscal year. (Petty, O'Brien)

Attachments

10b.

Request City Manager recommend to City Council an expansion of the residency provisions in the existing city ordinances that prospectively enhances Worcester residency for future non-represented and represented City of Worcester employees noting in said report the various collective bargaining units with whom negotiations will be required before enactment. (Petty, O'Brien)

Attachments

10c.

Request City Manager request the Commissioner of Public Works and Parks to establish a policy to notify residents before any tree planting in their respective neighborhoods commences, the scope of any tree planting program, that the trees be planted in the City's right of way and that residents be informed of the options available to them concerning planting, location and species. (Economou)

Attachments

10d.

Request City Manager request the Commissioner of Public Works and Parks to report the status of the request to allow residents of Hillcroft Avenue to plant certain shade trees under power lines on their street and at their own expense. (Economou)

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10e & 10d Adopt on a roll call

10e.

DECREE TO MAKE PUBLIC: PINELAND AVENUE

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10f.

DECREE TO MAKE PUBLIC: WHITLA DRIVE

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11.

COMMUNICATION

11a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Worcester by the Numbers: Economy and Jobs".

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12.

RESOLUTION

12a.

That the City Council of the City of Worcester hereby recognizes Dr. C. Vera, owner and Tuck and Tuck, architects, for their pursuit of excellence of new design with sensitivity to a historic setting at 41 Lancaster Street and to Tuck and Tuck as the recipients of Preservation Worcester's Urban Design Award. (Lukes)

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13.

REPORTS OF THE PLANNING BOARD

13a Refer to Economic Development

13a.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Donald J. O'Neil, on behalf of Goldstar Builders Inc. request to amend zoning map by changing the zoning classification of two parcels of land at 169 Grand and 179 Grand St. from ML-2.0 to BL 1.0 by extending the BL 1.0 zone on the opposite side of Grand St. northerly to encompass both parcels.

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13b Refer to Public Works Committee

13b.

REPORT OF THE PLANNING BOARD Upon the Petition of Krzysztof Gasiorski request to make public Baltic Rd.

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14.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

14a Accept

14a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to a Report Concerning Art in the Park, Worcester: recommend Communication be placed on file.

Attachments
15.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

15a Advertise Proposed Ordinances

15a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2014 Water and Sewer Rate Recommendation: recommend passage of the accompanying two proposed Ordinances.

Attachments

15b Accept & Adopt on roll call

15b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sharon & James Ricciardi request abatement of street assessment #24985 in the amount of $2,726.40 for Echo St: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $1,090.56.

Attachments

15c - 15e Accept & Adopt

15c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Vrej Askanian et al request Curtis St. be repaved: recommend adoption of the accompanying Order.

Attachments

15d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Deborah Ostrow request installation of permanent trash receptacle in the area of 200 Lovell St: recommend adoption of the accompanying Order to install a permanent trash receptacle in the area of 200 Lovell St., subject to the signing of a compliance agreement with the Petitioner.

Attachments

15e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Committee on Traffic & Parking Upon the Petition of Jay Foley of Foley Engines request "No Dumping" signs be installed on Asylum St: recommend adoption of the accompanying order.

Attachments

15f - 15p Accept

15f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Revised Private Street Conversion Brochure: recommend Communication be placed on file.

Attachments

15g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Councilor Frederick C. Rushton request Wendover Rd. be converted to a public street: recommend Report and Petitioner be given leave to withdraw.

Attachments

15h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Diane & Richard Markowski request to move the hydrant in front of 73 Paine St. to its previous location: recommend Petitioner be given leave to withdraw.

Attachments

15i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request a "No Dumping" sign be installed in Asylum St: recommend Petitioner be given leave to withdraw.

Attachments

15j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Chairman's Order from the Committee on Traffic & Parking - Request City Manager request the Standing Committee on Public Works to consider the installation of a guardrail in front of 75 Flagg Street: recommend Chairman's Order be given leave to withdraw.

Attachments

15k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requests sewers be installed in Pine View Ave, from Carleton St. to Vivian St: recommend Report and Chairman's Order be denied.

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15l.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requesting sewers to be installed in Carleton St: recommend Report and Chairman's Order be denied.

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15m.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Chairman's Order from the Committee on Public Works requesting sewers be installed in Vivian St: recommend Report and Chairman's Order be denied.

Attachments

15n.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sharon & James Ricciardi request abatement of street assessment #25024 in the amount of $10,951.20 for Zoar St: recommend Petition be denied.

Attachments

15o.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jon Juhl, Partner of Stutman-Juhl Realty, LLC, request installation of an adequate number of trash receptacles with continuous maintenance of them for the basketball court that abuts 122 Piedmont St: recommend Petition be denied.

Attachments

15p.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy on behalf of Joyce Thienel request repair or replacement of damaged berm caused by plowing in front of 2 Lauf St: recommend Petition be denied.

Attachments
16.

TABLED UNDER PRIVILEGE

16a.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to an Update on MSBA Funded Projects (Tabled - O'Brien May 21, 2013)

Attachments
17.

TABLED ITEMS

17a.

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

17b.

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

Attachments

17c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

Attachments

17d.

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

Attachments

17e.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

Attachments

17f.

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

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17g.

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

Attachments

17h.

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

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Scheduled Meetings of the Standing Committees

 
Tuesday, May. 28, 2013
04:00 PM -
Finance Committee
Chairperson Joseph M. Petty, Philip P. Palmieri, Frederick C. Rushton, Kathleen M. Toomey, Konstantina B. Lukes, William J. Eddy, Michael J. Germain, Tony Economou, Joseph C. O'Brien, Sarai Rivera, George J. Russell
   Re: Budget FY2014

Esther Howland (South) Chamber

 

   
Wednesday, May. 29, 2013
05:30 PM -
Traffic and Parking Committee
Chairperson Tony Economou, Frederick C. Rushton, Kathleen M. Toomey
   

Esther Howland (South) Chamber

 

   
Tuesday, Jun. 4, 2013
04:00 PM -
Finance Committee
Chairperson Joseph M. Petty, Philip P. Palmieri, Frederick C. Rushton, Kathleen M. Toomey, Konstantina B. Lukes, William J. Eddy, Michael J. Germain, Tony Economou, Joseph C. O'Brien, Sarai Rivera, George J. Russell
   Re: Budget FY2014

Esther Howland (South) Chamber

 

   
Tuesday, Jun. 11, 2013
05:30 PM -
Economic Development Committee
Chairperson Frederick C. Rushton, Joseph C. O'Brien, George J. Russell
   

Esther Howland (South) Chamber

 

   
Wednesday, Jun. 19, 2013
05:30 PM -
Public Works Committee
Chairperson Kathleen M. Toomey, Michael J. Germain, George J. Russell
   

Esther Howland (South) Chamber