CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 9, 2010

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:29 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 except Councilors Haller and Lukes with the Mayor in the Chair. Councilor Haller arrived at 7:08 P.M.

4.

FIRST ITEM OF BUSINESS

4a.

Order of Councilor Michael J. Germain - Suspension of Rules - That the City Council of the City of Worcester be and is hereby requested to accept and the City Manager be and is hereby authorized and requested to implement the provisions of House Bill #3588 which would upon final acceptance establish a procedure for the collection of unpaid fines related to snow or ice removal, code violations and health violations.

Attachments

Councilor Germain moved to hold the item as First Item of Business February 23, 2010 - Approved (see item #16a CC) First Item of Business February 23, 2010

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Councilor Smith moved to suspend the rules to allow the Mayor to read and present a Proclamation and to allow public testamony for items #5a & 5b - Approved

Mayor O'Brien read a Proclamation naming February 9, 2010 as Worcester Technical High School Day commemorating the 100th anniversary of the school's founding. Ted Coughlin and Principal Sheila Harrity spoke followed by four students who spoke: Nicholas Doucimo, Eric Arsenego, Brittany Kacevich and Dante Kelsor; testimony ended with comments by Peter Crafts, Director of the Worcester Technical High School. At the request of the Mayor, Councilor Petty presented the proclamation.

Attachments

 

5b.

Mayor O'Brien introduced Dr. Roberta Schaeffer, President and CEO of the Worcester Regional Research Bureau, who announced the WRBB will be celebrating it's 25th Anniversary with a talking series entitled “Cities Mapping a Road to Success and to encourage attendance.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Denise Herman request abatement of street betterment assessment #24757 in the amount of $16,562.00 for Balis Ave.

Attachments

Referred to Public Works Committee

 

7b.

Joy Odeyemi request stop sign on the corner of West St. and William St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Barbara Jansen request parking meters be increased from 15 minutes to one hour in the vicinity of the Court House.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Sherrie Urena request solutions to the congested parking on Endicott St. from Vernon St. to #133 Endicott St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting Auditor's Report for December 2009.

Attachments

Referred to Finance Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the Director of Economic Development, in conjunction with the Worcester Cultural Commission, provide WOO Card applications to the City Clerk's Office for distribution to the public.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request Worcester Cultural Commission's Woo Card Project Manager provide a report/quarterly reports to the City Council concerning the City of Worcester Woo Card statistics.

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON EDUCATION - Request City Manager report to the City Council a list of local businesses and contractors employed as sub-contractors throughout the North High School replacement project.

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the College of the Holy Cross provide the City Council with a supplemental report addressing ongoing community relations and quality of life issues, including the college's campus security, on campus "Code of Conduct" enforcement policy and campus security's presence off campus in assisting the Worcester Police Department.

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON EDUCATION - Request City Manager provide a report to the City Council concerning all judicial court actions and reprimands involving Holy Cross College.

Attachments

Order adopted

 

9f.

FROM THE COMMITTEE ON EDUCATION - Request City Manager provide the City Council with a report through the Colleges of Worcester Consortium identifying each college campus security/police program, identifying armed and unarmed campus security/police and their collaboration with the Worcester Police Department.

Attachments

Order adopted

 

9g.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the City Solicitor prepare and forward to the City Council a Home Rule Petition asking if the City of Worcester can initiate legal enforcement against a property owner if the owner is creating fraud by housing more than the allotted tenants per dwelling unit when identified through the City of Worcester Property Review Team inspections at Colleges and Universities.

Attachments

Order adopted

 

9h.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the Colleges of Worcester Consortium provide a report to the City Council concerning the reporting methods employed in identifying student residential addresses during the school year to their attending college or university.

Attachments

Order adopted

 

9i.

FROM THE COMMITTEE ON EDUCATION - Request City Manager provide a report to the City Council concerning all Holy Cross College students Housing Court outcomes.

Attachments

Order adopted

 

9j.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request UMass Medical School provide a report to the City Council concerning the Regional Science Resource Center and STEM Pipeline Network.

Attachments

Order adopted

 

9k.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Commissioner of Public Works and Parks investigate the appropriateness of the winter parking ban in Beacon St. between Hammond St. and Madison St. and report to City Council.

Attachments

Order adopted

 

9l.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Police Chief to install speed enforcement in Bailey St. inbound, in Mountain St. West at the approaches to Stratton Hill Apartments and Lanesboro Road, and in Hadwen Rd, both directions at the approaches to Havelock Rd.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager report to City Council concerning the ongoing efforts being made to establish a partnership between the city's several cultural institutions to allow/encourage city employees to access their programs, and further, that he request each of our local institutions to inform the City Council of the efforts they make to help promote utilization of the resources of their institutions and/or programs. (O'Brien)

Attachments

Order adopted

 

10b.

Request City Manager revisit the city's current ordinances and regulations regarding steep slope development as it relates to water runoff and issues related to development on hills within the city. (Palmieri)

Attachments

Councilor Palmieri moved to add Councilors Haller and Toomey as authors - Approved Order adopted

 

10c.

Request City Manager report on the financial consequences to Worcester regarding the Governor's pending proposed pension reform legislation and to make recommendations for a more equitable formula for changes that will not cause Worcester to assume additional liability. (Lukes)

Attachments

Mayor O'Brien moved to Table the item at the request of Councilor Lukes who is not present - Approved Tabled

 

10d.

Request City Manager communicate with the Massachusetts Highway Department to determine the potential cost of opening Millbury St. at Route 20 to two-way traffic. (Clancy)

Attachments

Order adopted

 

10e.

Request City Manager communicate with the Massachusetts Highway Department to determine projected costs for design and construction for the Route 9 Lake Quinsigamond Replacement Bridge. (Clancy)

Attachments

Order adopted

 

11.

COMMUNICATION

11a.

Michael V. O'Brien, City Manager, transmitting communication relative to savings realized as a result of Employee Health Insurance Reforms: Contribution Rate/Plan Design Changes, Collective Bargaining, and the Implementation of Section 18.

Attachments

Referred to Finance Committee

 

12.

REPORT OF THE PLANNING BOARD

12a.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Robert Branca on behalf of the Roman Catholic Bishop of Worcester and J & M Family Limited Partnership request the existing BL-1.0 zone at 845, 857 & 865 Main St. be extended to the end of their property line.

Attachments

Referred to Economic Development Committee

 

13.

REPORTS OF THE COMMITTEE ON EDUCATION

13a.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to an update on the Worcester Cultural Coalition activities, focusing on the introduction of the WOO Card: recommend Communication be placed on file.

Attachments

Accepted

 

13b.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to Status Report #3 for the North High School Project: recommend Communication be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to Status Report #4 for the North High School Replacement Project: recommend Communication be placed on file.

Attachments

Accepted

 

13d.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the College and University Annual Benchmarking Report Academic for 2006-2007: recommend Communication be placed on file.

Attachments

Accepted

 

13e.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to a City / College of the Holy Cross / College Hill Resident Working Group aimed at addressing Community Relations and Quality of Life Issues: recommend the Communication be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to Property Review Team Inspections at Colleges and Universities: recommend Communication be placed on file.

Attachments

Accepted

 

13g.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting communication relative to Benchmarking Public Education in Worcester: 2009: recommend Communication be placed on file.

Attachments

Accepted

 

13h.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of Dr. Roberta Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting a communication relative to Race to the Top: What's the Winning Strategy?: recommend Communication be placed on file.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

14a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Gerald Tuori on behalf of Becker College request bus stop be designated on the north side of Cedar St. (from the corner of West St. in a westerly direction to the first driveway): recommend adoption of the accompanying Order

Attachments

Accepted & Adopted

 

14b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking upon the Petition of State Representative John Fresolo on behalf of Jessie O'Rourke request handicap parking space in front of 33 Wabash Ave: recommend Report and Petition be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Josephine Kinya request handicap parking space at 35 Outlook Dr. Apt. 21: recommend Petition be placed on file.

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Paul P. Clancy, Jr. request No Parking on even side of Revere St: recommend Petition be placed on file.

Attachments

Accepted

 

14e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Richard Doyle & Clark Burritt request to prohibit parking on the even side of Beacon St. from Hammond St. to Madison St: recommend Petition be placed on file.

Attachments

Accepted

 

14f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Order of Councilor William Eddy - Request the City Council Standing Committee on Traffic & Parking conduct a hearing for Bailey Street residents relative to speed enforcement and the feasibility of installing a stop sign at Bailey Street and the Airport rotary: recommend Order be placed on file.

Attachments

Accepted

 

14g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Claude Dorman on behalf of the East Highland Area Neighborhood Association request the installation of a stop sign at the intersection of Fruit and William Sts. for traffic moving in a northerly direction: recommend Petition be placed on file

Attachments

Accepted

 

14h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to install an additional "Stop" sign in Fruit St. at the southwest corner with Dayton St. facing southbound traffic: recommend Petition be placed on file

Attachments

Accepted

 

14i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Ann Houlihan request to change the "Yield" sign to a Stop sign at the corner of Hamilton St. and Orient St.: recommend Petition be placed on file.

Attachments

Accepted

 

14j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Carl Hagberg request crosswalk be installed on Mill St. in the vicinity of the WHA parking lot at 1050 Main St. for elderly crossing to Park Ave.: recommend Petition be placed on file.

Attachments

Accepted

 

14k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of the Elm Park-Lincoln Estate Neighborhood Association request to install a "No U-Turn" Sign in Russell St. facing southbound traffic: recommend Petition be placed on file.

Attachments

Accepted

 

14l.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joseph M. Petty request to install Children Cautionary Signs on light pole in front 5 & 7 Tatnuck Gardens: recommend Petition be placed on file.

Attachments

Accepted

 

14m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dorothy Gish et al request installation of safety measures at the blind curve on West Mountain St. such as: Speed Bumps, a blinking red light reminding drivers to slow down, Slow Down sign, a sign before curve warning drivers there are blind driveways ahead: recommend Petition be placed on file.

Attachments

Accepted

 

14n.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request resident sticker parking on Florence St. be switched from the even numbered side of the street to the odd numbered side: recommend Petition be denied

Attachments

Accepted

 

15.

TABLED ITEM

15a.

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

Attachments

No action taken

 

16.

SUSPENSION OF RULES

16a.

RESOLUTION @ #4a CC - That the City Council of the City of Worcester hereby goes on record in support of current language in House Bill 3588 establishing a procedure for the collection of unpaid fines related to snow or ice removal, code violation and health violations. (Germain)

Attachments

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

 

16b.

Motion Germain @ #11a CC - Request City Manager report to City Council the number of municipal employees for the last fours years and the average claim cost per subscriber.

Attachments

Order adopted

 

16c.

Motion Germain @ #11a CC - Request City Manager report to City Council stop gap measures available to counteract the termination of coverage for certain prescription drugs as of January 1, 2010.

Attachments

Order adopted

 

16d.

Motion Petty @ @11a CC - Request City Auditor provide City Council with and an update relative to pension obligation bonds and it's impact as well as an update concerning OPEB.

Attachments

Order adopted

 

16e.

Motion Palmieri - Suspension of Rules - Request City Manager request the City Solicitor report options available when a dog such as a pit bull bites a person and whether or not that owner may unilaterally acquire another dog and any measurers through regulations or recourse can be entertained.

Attachments

Order adopted

 

16f.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with an update concerning the development of an ordinance relative to establishing buffer zones for smoking tobacco outside at public places.

Attachments

Order adopted

 

16g.

Motion Germain - Suspension of Rules - Request City Manager request the City Solicitor report to City Council of what recourses are available to the city for addressing the problem of bills being posted onto traffic signs.

Attachments

Order adopted

 

16h.

Motion Clancy - Suspension of Rules - Request City Manager re-install missing bus stop signs in Grafton Street opposite Temple Street and at 17 Greenwood Street.

Attachments

Order adopted

 

16i.

Councilor Clancy, Chairman of the Public Works Committee, moved to request the following Chairman's Orders be submitted for consideration - Approved.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of the Department of Public Works and Parks to consider assigning smaller-sized vehicles to plow Winnipeg Street so as to assist in preserving the fragile gravel road surface.

Attachments

Order adopted

 

16j.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager report to City Council concerning the scope of the economic impact of construction of the various phases of the Granite Street sewer project.

Attachments

Order adopted

 

16k.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager prepare special legislation and to delineate the process that should be followed to amend state law or local ordinance to adjust the timeframe for repayments of sewer assessments from ten years to twenty years and the percentage of interest charged by the city from the current 8% to as low as 2%, and further request that he provide the City Council with an explanation concerning the provisions for elders to defer sewer assessment payments and any laws concerning sewer assessments against properties without any structures upon them.

Attachments

Order adopted