CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 24, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 8:20 P.M.


Mayor
Konstantina B. Lukes

 

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
Philip P. Palmieri Joseph M. Petty City Clerk
David J. Rushford
Gary Rosen 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 except Councilors Germain and Petty. Councilor Germain arrived at 7:12 P.M. and Councilor Petty arrived at 7:26 P.M.

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Allyn Jones request One Tiverton Parkway be zoned all commercial.

Attachments

Referred to Planning Board

 

6b.

Peter & Jeannette White request abatement of street betterment assessment #24799 in the amount of $18,334.00 for Carpenter Ave.

Attachments

Referred to Public Works Committee

 

6c.

Peter & Jeannette White request abatement of street betterment assessment #24800 in the amount of $2,200.08 for Carpenter Ave.

Attachments

Referred to Public Works Committee

 

6d.

Ramgopal Eswaran request the broken portion of curb that begins at the driveway in front of 87 Moreland St. be repaired.

Attachments

Referred to Public Works Committee

 

6e.

Councilor Joffrey A. Smith request sidewalk repair in front of 25 Arbutus Road.

Attachments

Referred to Public Works Committee

 

6f.

Councilor Joffrey A. Smith request sidewalk repair in front of 20 Arbutus Road

Attachments

Referred to Public Works Committee

 

6g.

Mike Gabriella request handicap parking sign in front of 5 Royal Rd.

Attachments

Referred to Traffic and Parking Committee

 

6h.

Paul Fullen request City Council to request the City Manager change the policy of restricting city employees from serving on Executive and Regulatory Boards and Commissions.

Attachments

Referred to City Manager

 

7.

CHAIRMAN'S ORDERS

7a.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Fire Chief assess Lapierre St. and make a recommendation to City Council as to whether the current parking situation could impair any public safety assistance to the residents of this street.

Attachments

Order adopted

 

7b.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Zoning Board of Appeals enforce the conditions of their decision for 60/64 Woodland St. relative to parking.

Attachments

Councilor Haller moved to amend to add "Inspectional Services" - Approved Order adopted as amended

 

7c.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief provide enforcement of the Resident Permit Parking in Harlow St.

Attachments

Order adopted

 

7d.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief provide enforcement of parking regulations in Seward St.

Attachments

Order adopted

 

7e.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the Commissioner of Public Works & Parks to install appropriate cautionary signs in Parkton Ave. to assist commercial traffic.

Attachments

Order adopted

 

8.

ORDERS

8a.

Request City Manager provide City Council with a report clarifying the impact of the proposed expansion of the Montvale Local Historic District. Further, request that said report include an explanation of the impact of the City's zoning ordinance upon parcels included in the proposed expansion. (Smith, Petty)

Attachments

Mayor Lukes moved to recuse City Clerk David J. Rushford at his request - Accepted - The City Clerk left the Chamber and Councilor Clancy was appointed as temporary Clerk and assumed that duty. Order adopted

 

8b.

Request City Manager request the Commissioner of the Department of Public Works and Parks adjust the control on both traffic signals at Pleasant Street and Wrentham Road and Pleasant Street and Maxdale Road from the present signals tripped by approaching automobiles to standard timed signals. This will slow traffic in that area of Pleasant Street and make it much safer for motorists turning into Pleasant Street from intersecting streets such as Moreland Street, Brantwood Road and Dellwood Road. (Rosen)

Attachments

Councilor Rosen moved to suspend the rules to allow a citizen to speak - Accepted - Mayor Lukes recognized Paul Martin. Order adopted

 

8c.

SEWER BETTERMENT ASSESSMENT: NOTTINGHAM ROAD

Attachments

Order adopted

 

8d.

PRIVATE STREET BETTERMENT ASSESSMENT: BELCOURT ROAD

Attachments

Order adopted

 

8e.

STREET BETTERMENT ASSESSMENT: HOUGHTON STREET

Attachments

Order adopted

 

9.

RECESS TO FINANCE COMMITTEE

9a.

#10a CC May 19, 2009
Communication of Dr. Roberta R. Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting Worcester's FY10 Budget: Challenges and Opportunities for Reform.

Attachments

No action taken

 

9b.

#7a CC May 26, 2009
Communication of the City Auditor transmitting April 2009 Auditor's Report.

Attachments

No action taken

 

9c.

#8.42C CM June 2, 2009
Communication of the City Manager transmitting informational communication relative to the Senate Budget's impact upon the City's Fiscal Year 2010 Budget.

Attachments

No action taken

 

9d.

#8a CC June 23, 2009
Communication of the City Auditor transmitting May 2009 Auditor's Report.

Attachments

No action taken

 

9e.

#18g CC June 23, 2009
Communication of the City Manager transmitting communication relative to the State FY2010 Budget.

Attachments

No action taken

 

9f.

#10a CC July 28, 2009
Communication of the City Auditor transmitting communication relative to the Actuarial Valuation and Review as of January 1, 2009 for the Worcester Retirement System (WRS).

Attachments

No action taken

 

9g.

#10b CC July 28, 2009
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for the Worcester Retirement System (WRS) for the fiscal year ended December 31, 2008.

Attachments

No action taken

 

9h.

#15a CC July 28, 2009
Communication of Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Massachusetts Pension Reform: What was accomplished? What remains to be done?

Attachments

No action taken

 

9i.

#15b CC July 28, 2009
Communication of Dr. Roberta R. Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Municipal Finance in Worcester 2009: Factors Affecting the City's Bond Rating.

Attachments

No action taken

 

9j.

#9.34C CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2010 Capital Improvement Plan, in Accordance with Loan Order Items #9.41A - 9.41RR to be Advertised.

Attachments

No action taken

 

9k.

#9.42B CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the FY 2010 City Budget.

Attachments

No action taken

 

9l.

#9.42E CM July 28, 2009
Communication of the City Manager transmitting Informational Communication Relative to the City's Home-Rule Petitions.

Attachments

No action taken

 

9m.

#7.31A CM September 1, 2009
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Year End Budget Status and Bond Rating.

Attachments

No action taken

 

9n.

#8a CC September 1, 2009
Communication of the City Auditor transmitting July 2009 Auditor's Report.

Attachments

No action taken

 

9o.

#8b CC September 1, 2009
Communication of the City Manager transmitting reports on the cash basis financial results of operations for the City in Fiscal 2009.

Attachments

No action taken

 

9p.

#7.30A CM September 15, 2009
Communication of the City Manager transmitting Informational Communication Relative to the Fiscal Year 2010 Valuations and Tax Rates.

Attachments

No action taken

 

9q.

#7a CC October 13, 2009
Communication of the City Auditor transmitting Auditor's Report for August 2009.

Attachments

No action taken

 

9r.

#9a CC November 10, 2009 Communication of the City Auditor transmitting the Auditor's Report for September 2009.

Attachments

No action taken

 

10.

COMMUNICATIONS

10a.

Michael V. O'Brien, City Manager, transmitting communication relative to a 'go green' Holiday Tree for the Worcester Common.

Attachments

Placed on file

 

10b.

Michael V. O'Brien, City Manager, transmitting communication relative to the 10th annual Memorial Service in remembrance of the Worcester Cold Storage Warehouse fire at the Franklin Street Fire Station site on Thursday, December 3, 2009 at 6:00 P.M.

Attachments

Placed on file

 

11.

REPORTS OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Binh Phan request to make public the private portion of Beaver Brook Parkway.

Attachments

Referred to Public Works Committee

 

11b.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. area. (Millbury St. between Leland St. and #1309 Millbury St.)

Attachments

Referred to Public Works Committee

 

11c.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (Leland St.)

Attachments

Referred to Public Works Committee

 

11d.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (St. Anthony St.)

Attachments

Referred to Public Works Committee

 

11e.

REPORT OF THE PLANNING BOARD Upon the Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area. (Winnipeg St.)

Attachments

Referred to Public Works Committee

 

11f.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to sewer improvement needs in the Granite St. Area (St. Louis St.)

Attachments

Referred to Public Works Committee

 

12.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

12a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen O'Neil, Administrator of the Worcester Regional Transit Authority , request to relocate a bus stop from in front of 47 South Ludlow St. to in front of the Ty Cobb Field on South Ludlow St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Mohan Prashad, Venue Nightclub, Spoodles, Neighborhood Cafe, New York Jewelry and Bluri Nights request to reduce the number of bus stops in front of 340 Main St. to allow for one commercial parking spot for deliveries and business needs: recommend adoption of the accompanying Order to install one commercial loading zone in front of 340 Main St. for a trial period of 90 days.

Attachments

Accepted & Adopted

 

12c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Tuan Vo, Oliver Corner Store, request the installation of a 50-foot, 20-minute commercial delivery zone and/or customer parking zone in front of 2C Oliver St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Matt Doyle of Worcester Donuts Inc. request the installation of a Commercial Loading Zone in the north side of Nebraska St. from the corner of Envelope Terrace to the driveway of Dunkin Donuts: recommend adoption of the accompanying Order to install commercial loading zone in Envelope Terrace in west side from a Pt. 33' North of Nebraska St to a Pt. 58' North of Nebraska St.

Attachments

Accepted & Adopted

 

12e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request that a "Crosswalk Ahead" or similar sign be installed in Endicott Street in the approach to the intersection of Millbury Street in the interest of public safety: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Belinskas request to make the even numbered side of Lapierre St. "No Parking Anytime.": recommend Petition be placed on file.

Attachments

Accepted

 

12g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Malvey, President of Ed's Used Cars, request to post "No Parking" signs on the Piedmont St. side of 786 Main St.: recommend Petition be placed on file.

Attachments

Accepted

 

12h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Philip Wierstak request to place "No Parking Anytime" signs from Lincoln St. fifty feet in on Gorham St. on either side of the road: recommend Petition be placed on file.

Attachments

Accepted

 

12i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Phil Jordan request the 15 minute parking in front of 4 Richmond Ave. be rescinded and in place thereof, install 1 hour parking: recommend Petition be placed on file.

Attachments

Accepted

 

12j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jessica Parrilla request to change parking meters, on both sides of Main St. from #321 to the vicinity of former Court House, from 15 minutes to a 2-hour minimum: recommend Petition be placed on file.

Attachments

Accepted

 

12k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Greg Jarras request installation of Resident Sticker Parking from 70 through 78 Woodland St.: recommend Petition be placed on file.

Attachments

Accepted

 

12l.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Robert Merrill request to extend the residential permit parking in Irving St. to include 3 Irving St.: recommend Petition be placed on file.

Attachments

Accepted

 

12m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Keith Paquin request resident parking on Fifth Ave: recommend Petition be placed on file.

Attachments

Accepted

 

12n.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daniel Belinskas request resident permit parking on Lapierre St., from Plantation St. to Ridge St.: recommend Petition be placed on file.

Attachments

Accepted

 

12o.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Albert Hayeck, Esq. request resident only parking on Lapierre St., from Plantation St. to Ridge St.: recommend Petition be placed on file.

Attachments

Accepted

 

12p.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy request the posting of signs for the restriction of commercial vehicles over 2 Tons on Victor Ave: recommend Petition be placed on file.

Attachments

Accepted

 

12q.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joseph Jean-Claude request a traffic light be placed at the intersection between Drummond Ave. and Route 122A: recommend Petition be placed on file.

Attachments

Accepted

 

12r.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request Haynes St. be coverted to be a two-way street: recommend Petition be placed on file.

Attachments

Accepted

 

12s.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Gorsuch-Kennedy request resident parking on Germain St. be changed to school hours only: recommend Petitioner be given Leave to Withdraw.

Attachments

Accepted

 

12t.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of John Atlas request a 5 ton vehicle weight limit be installed in Parkton Ave: recommend Petitioner be given Leave to Withdraw.

Attachments

Accepted

 

13.

TABLED ITEMS

13a.

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

Attachments

No action taken

 

13b.

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Attachments

No action taken

 

13c.

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council whether a claims process exists which is available to commercial users who experience electric power outages and surges caused by National Grid. (Tabled - Lukes February 26, 2008)

Attachments

No action taken

 

13d.

Order of Mayor Konstantina B. Lukes - Request City Manager report on the number and location of National Grid equipment stations located on public property, whether the City receives any revenue from the use of public land, and if not, whether the city can charge for said use. (Tabled - Lukes February 26, 2008)

Attachments

No action taken

 

13e.

Petition of NATIONAL GRID for cable and conduit system in: PLANTATION ST., CLARENDON ST. & ALMONT AVE. (Tabled - Palmieri March 18, 2008)

Attachments

No action taken

 

13f.

Proposed Ordinance amending the Montvale Historic District by the adoption of a new map enlarging the District. (Tabled Under Privilege - Palmieri March 25, 2008)

Attachments

No action taken

 

13g.

Order of Councilor Michael J. Germain - Request City Manager consult with the Worcester Sharks regarding the possible management and redevelopment of the Charles Buffone Arena Ice Skating Rink on Lake Ave. (Tabled - Palmieri October 1, 2008)

Attachments

No action taken

 

13h.

Order of Councilor Michael J. Germain - That the City Council of the City of Worcester hereby accept and adopt Section 19 of the Massachusetts General Laws Chapter 32B, allowing for coalition bargaining for health benefits in the City of Worcester. (Tabled - Lukes October 21, 2008)

Attachments

No action taken

 

13i.

Order of Councilor Frederick C. Rushton - Request City Manager request the City Solicitor to report to City Council what basis the City is using to delay the public records request by the Worcester Telegram in light of the Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003) ruling whereby the Supreme Judicial Court ruled public records must be released for inspection and copying without unreasonable delay, that is, within ten days of the receipt of a request for them. (Tabled - Haller November 25, 2008)

Attachments

No action taken

 

13j.

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

Attachments

No action taken

 

13k.

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Attachments

No action taken

 

13l.

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Attachments

No action taken

 

14.

SUSPENSION OF RULES

14a.

Councilor William J. Eddy moved to recognize and congratulate former City Councilor and Mayor Paul V. Mullaney on the occasion of his 90th birthday and presented him the following Resolution:

That on the occasion of his 90th birthday, the City Council of the City of Worcester hereby recognizes and congratulates former City Councilor and Mayor of Worcester the Honorable Paul V. Mullaney who served in elective office in this chamber from 1960 through 1967, and extends to him the thanks and appreciation of a grateful community for his lifelong commitment of generous service to all Worcesterites.

Mayor Lukes recognized Judge Mullaney who thanked City Council for this recognition.

Attachments

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

 

14b.

Motion Palmieri @ #8a CC - Request City Manager contact and request Attorneys and Real Estate Agent, involved with the property in the Montvale, be present at the next Economic Development Committee meeting for December 15, 2009.District.

Attachments

Order adopted

 

14c.

Motion Petty @ #8a CC - Request City Manager provide City Council with a history of events in chronological order that led to an agreement concerning the expansion of the Montvale District.

Attachments

Order adopted

 

14d.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to ratification of a Collective Bargaining Agreement by NEBPA Local 911.

Attachments

Placed on file

 

14e.

COMMUNICATION - Michael V. O'Brien, City Manager, recommend City Council's adoption of a Salary Ordinance Amendment to implement the City's Collective Bargaining Agreement with NEPBA Local 911.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy., Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Toomey) (Nay - Lukes) (Smith absent)

 

14f.

COMMUNICATION - Michael V. O'Brien, City Manager, recommend that Ninety Eight Thousand Eight Hundred Fifty Eight Dollars and No Cents ($98,858.00) be transferred from Account #663-96000, Health Insurance, and be appropriated to Account #250-91000, Police Personal Services, to fund anticipated costs associated costs associated with the collective bargaining agreement between the City of Worcester and the NEPBA 911, Worcester Police Officers.

Attachments

Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Toomey) (Nay - Lukes) (Smith absent) Motion Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and No Nays (Smith absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Smith absent)

 

14g.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to Patrick-Murray Administration's Award of Public Safety Grant Funding for the Worcester Police Department and the Worcester Fire Department.

Attachments

Placed on file

 

14h.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the 2010 Tax Rate Classification Hearing on December 1, 2009.

Attachments

Placed on file

 

14i.

Motion Toomey - Suspension of Rules - Request City Manager contact MassDOT and designers of the Lake Quinsigamond Gateway bridge and request an informational briefing with Worcester's legislative delegation, members of City Council, City Manager and any appropriate staff as soon as possible.

Attachments

Order adopted

 

14j.

Motion Smith - Suspension of Rules - That the Commissioner of Public Works & Parks remove the school speed limit signage in Mill Street in the vicinity of the former Mill-Swan School.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Toomey, Lukes) (Nay - Clancy)

 

14k.

Motion Palmieri - Suspension of Rules - Request City Manager, during the upcoming weeks, meet with the Administration of Holy Cross College.

Attachments

Order adopted

 

14l.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with a report concerning the reported cost estimates for the Lake Quinsigamond Gateway replacement bridge.

Attachments

Order adopted