CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 23, 2010

Esther Howland Chamber

Convened: 7:09 P.M.

Adjourned: 8:00 PM


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 for the City Council meeting of November 9, 2010.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS

5a.

Order of Councilor Konstantina B. Lukes - Request City Manager report on the date for the tax classification vote and include in the report what calculation and rates, if any, would maintain the same out of pocket payments based upon the current tax rates for commercial and residential property owners.

Attachments

Councilor Clancy moved to amend: Further, request the report to also include the top 25 or 50 taxpayers and the percentage that they collectively pay on the commercial rate. Order adopted, as amended

 

6.

ITEMS OF CITIZEN INTEREST

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Councilor Kathleen M. Toomey request to resurface the public portion of Kendig St.

Attachments

Referred to Public Works Committee

 

8b.

Councilor Kathleen M. Toomey request resurfacing of June St. Terrace.

Attachments

Referred to Public Works Committee

 

8c.

Councilor Kathleen M. Toomey request resurfacing of Falcon St.

Attachments

Referred to Public Works Committee

 

8d.

Milagros Berry request sidewalk repair in front of 67 Suffolk St.

Attachments

Referred to Public Works Committee

 

8e.

Peggy Unga request handicap parking space on the corner of Ashwood St. and Acton St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Cahn Ngo et al request bus stop and bus booth in front of 91 Stafford St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Zina Hanson request to install handicap parking space in front of 6 Forestdale Rd.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Sam Guffy of The Theatre Cafe request to install a commercial loading zone in the vicinity of 529 Main St.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Milagros Berry request handicap parking in front of 67 Suffolk St.

Attachments

Referred to Traffic and Parking Committee

 

8j.

Councilor Kathleen M. Toomey on behalf of the Canal District Alliance request the establishment of a Blackstone Square at the corner of Harding St. and Franklin St. to recognize the contributions of Benjamin Wright, Engineer and Tobias Boland, Contractor of the Blackstone Canal.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS OF THE CITY AUDITOR

9a.

Transmitting communication regarding a letter from the Department of Revenue certifying that "Free Cash" for fiscal 2011.

Attachments

Referred to Finance Committee

 

9b.

Transmitting Auditor's Report for October 2010.

Attachments

Referred to Finance Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider creating an early notification process when developers apply for a Tax Increment Finance Plan.

Attachments

Order adopted

 

10b.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager use the responsible employer ordinance as a tool within a Tax Increment Finance Plan as a way to encourage the employment of local tradesmen.

Attachments

Order adopted

 

10c.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider including a clawback provision within a Tax Increment Finance Plan which would give the city oversight of a project should a developer violate any portion of the agreement.

Attachments

Order adopted

 

10d.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager consider developing a central electronic bulletin board where developers could post projects.

Attachments

Order adopted

 

10e.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to provide speed enforcement at the intersection of Arboretum Dr., Sarah Dr. and Sophia Dr.

Attachments

Order adopted

 

10f.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to provide speed enforcement on Commonwealth Ave. at the corners of Jennings St. and Enid St.

Attachments

Order adopted

 

10g.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to provide speed enforcement in the newly paved portion of Clover St.

Attachments

Order adopted

 

11.

ORDERS

11a.

Request City Manager report on the City’s liability and WRTA’s liability for the unfunded pension liability and the post employment benefits liability of the employees of any bus company under contract by the WRTA to provide bus services and the financial consequences and liability of the City and/or the WRTA for employee contract settlements that exceed the financial obligations of current bargaining contracts. (Lukes, Petty, Haller)

Attachments

Councilor Haller moved to Table under Privilege Tabled under Privilege

 

11b.

Request the City Council of the City of Worcester amend its rules to establish a new City Council Standing Committee to be named “Veterans and Military Affairs that would be comprised of 5 members. Further, request the City Manager request the City Solicitor to draft language that would amend the rules of City Council that would effectuate this change. (O'Brien, Petty, Germain, Rushton, Haller, Eddy, Toomey, Clancy, Palmieri, Smith, Lukes)

Attachments

Mayor O'Brien moved to suspend the rules to allow Frank Carroll to speak. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

11c.

Request City Manager update City Council concerning the status of the city Dog Shelter Contract and further, request a report as to how the award will be funded and its impact on public safety. (O'Brien, Haller, Rushton, Petty)

Attachments

Order adopted

 

11d.

Request City Manager contact the Colleges of the Worcester Consortium and work together in the banning of Four Loko and like caffeinated alcoholic beverages from their respective campuses. Further, request City Manager request the Health Department approach local retailers and request them to consider voluntarily banning the sale of these beverages. (Rushton, Clancy, Haller, Eddy, O'Brien, Petty)

Attachments

Order adopted

 

11e.

Request City Manager request the Commissioner of Public Health and hospital personnel from the health community to report the adverse health effects that occur from the consumption of the drink Four Loko and provide this information to City Council. (Palmieri, Lukes, Smith, Haller, Clancy, Rushton, Petty)

Attachments

Order adopted

 

11f.

Request City Manager report on the current status of the case loads and veterans needs and issues and what changes have occurred over the past five years as processed by the City's Veteran's Services office. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request additional information regarding the number of referrals to other agencies and the specific number of case files. Order adopted

 

12.

RECESS TO FINANCE COMMITTEE

12a.

#9a CC June 22, 2010
Communication of the City Auditor transmitting Auditor's Report for May 2010.

Attachments

No action taken

 

12b.

#4a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for July 2010.

Attachments

No action taken

 

12c.

#4b CC September 21, 2010
Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010.

Attachments

No action taken

 

12d.

#13a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for August 2010.

Attachments

No action taken

 

12e.

#11a CC October 12, 2010
Communication of the City Auditor transmitting Auditor's Report for September 2010.

Attachments

No action taken

 

12f.

#9.31A CM October 19, 2010
Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, As of August 31, 2010.

Attachments

No action taken

 

12g.

#9.34B CM October 19, 2010
Communication of the City Manager transmitting informational communication relative to Universal Changes to the Municipal Rating Scales by the Major Bond Rating Agencies.

Attachments

No action taken

 

13.

COMMUNICATIONS

13a.

Michael V. O'Brien, City Manager, transmitting communication relative to a detailed update relative to Financial Forecasts for next Fiscal Year (FY2012) and projections through 2017, per the Five Point Financial Plan.

Attachments

Referred to Finance Committee

 

13b.

Michael V. O'Brien, City Manager, transmitting communication relative to the Worcester Regional Transit Authority (WRTA).

Attachments

Councilor Haller moved to Table under Privilege Tabled under Privilege

 

14.

RESOLUTION

14a.

That the City Council of the City of Worcester does hereby support the banning of Four Loko and similar products and requests the city’s state delegation to file legislation that would achieve this goal. (Rushton, Clancy, Haller, Eddy, O'Brien, Petty)

Attachments

Taken up with #11d Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

15.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

15a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the 180 Main Street Rehabilitation Project: recommend Communication be placed on file.

Attachments

Accepted

 

15b.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the property located at 180 - 184 Main St.: recommend Communication be placed on file.

Attachments

Accepted

 

16.

REPORTS OF THE COMMITTEE ON TRAFFIC & PARKING

16a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Hong Kim Vo request to remove handicap parking space in front of 26 South St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Hong Kim Vo request handicap parking in front of 5 Plane St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cara Bedard Davis request removal of handicap parking in front of 179 Delmont Ave.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mary Depew request handicap parking in front of 39 Granby Rd.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Elizabeth Mullaney request to remove handicap parking space in front of 7 Congress St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sophia Tsiokas request removal of handicap parking space in front of 3 Stoneland Rd.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Doris Stone request to install a handicap parking space on the Leeds St. side of 14 Fales St.: recommend passage of the accompanying proposed Ordinance adjacent to the petitioner's driveway

Attachments

Voted to advertise proposed ordinance

 

16h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Frederick C. Rushton on behalf of David Savageau request removal of handicap parking space in front of 116 Grand View Ave.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mike Gabriella request handicap parking sign in front of 5 Royal Rd.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lydia Blanche request to move handicap parking space on Manomet St. to allow installation of driveway for 91 Lakewood St.: recommend passage of the accompanying proposed Ordinance

Attachments

Voted to advertise proposed ordinance

 

16k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kristen McGann et al request resident permit parking on Salford St.: recommend passage of the accompanying proposed Ordinance as amended to install Resident Sticker Parking on both sides of Salford St. from the corner of Vale St. to the entire frontage of 18 Salford St.

Attachments

Voted to advertise proposed ordinance

 

16l.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller on behalf of Joseph Obert request Oliver St., between Florence St. and Park Ave., be made one-way, towards Park Ave.; and request Woodbine St., between Beaver St. and Oliver St., be made one-way, towards Beaver St.; and request stop signs be removed or installed as appropriate in this area along Oliver St. at Woodbine St., at Birch St. at Beaver St. (design documents attached): recommend adoption of four Ordinances to make Oliver St. One Way westerly, to make Woodbine St. One Way southerly, for a Stop Sign on Woodbine St. at Beaver St. and to Rescind No Parking on Oliver St. and one (1) Order for a commercial loading zone in Beaver St.

Attachments

Accepted & Order adopted and Voted to advertise (4) proposed ordinances

 

16m.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mark Torgersen et al request the bus stop located at 150 Lincoln St. be removed or relocated: recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted

 

16n.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joseph M. Petty on behalf of Sue and Mike Howard request installation of speed limit signs in the newly paved portion of Clover St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted

 

16o.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor William J. Eddy and Councilor Joffrey A. Smith on behalf of Susan Ames request installation of a “Go Children Slow” sign in vicinity of 164 Flagg St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted

 

16p.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mike Letendre request more signage and clarification for the right turns at the intersection of Green St., McGrath Blvd. and Franklin St: recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted

 

16q.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Joann Lee request enforcement of the following: no parking at the corner of Nelson Park Dr., no parking at crosswalk and no parking at corner of Deborah Ave. at the Stop Sign: recommend adoption of the accompanying Order.

Attachments

Accepted & Order Adopted

 

16r.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Stephen Meredith, Assistant Area Director of the Massachusetts Department of Development Services, request installation of a handicap parking space at 24 Southbridge St: recommend Petition be placed on file.

Attachments

Accepted

 

16s.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Richard Carr request the installation of a crosswalk in the vicinity of 20 Park Ave: recommend Petition be placed on file.

Attachments

Accepted

 

16t.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anthony Kopas request stop signs where Arboretum Dr., Sophia Dr. and Sarah Dr. intersect: recommend Petition be placed on file.

Attachments

Accepted

 

16u.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Lou Cozzolino request to have stop signs installed on Commonwealth Ave. at the corners of Jennings St. and Enid St: recommend Petition be placed on file.

Attachments

Councilor Clancy moved to table item Tabled - Clancy

 

16v.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joseph M. Petty request the installation of three (3) No Turn On Red signs at the following locations: facing southbound traffic in Burncoat Street at Dorothy Avenue, in Dorothy Avenue facing eastbound traffic at Burncoat Street and in Clark Street facing westbound traffic at Burncoat St: recommend Petition be placed on file.

Attachments

Recommitted to Traffic & Parking Committee

 

16w.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tracey Burg et al request to install speed bumps on South Flagg St. #95-201, Asbury Rd. & Barr St: recommend Petition be placed on file.

Attachments

Accepted

 

16x.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Teresa-Jean Rubin et al request speed bumps from start to private part of Gates Lane: recommend Petition be placed on file.

Attachments

Accepted

 

16y.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Dennis L. Irish on behalf of Joe Capone request to install speed bumps in Emerson St: recommend Petition be placed on file.

Attachments

Accepted

 

16z.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rosamond Bennett et al request the installation of three speed bumps on lower Otsego Rd: recommend Petition be placed on file.

Attachments

Accepted

 

16aa.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Margarita Calixto request speed bump on Parkton Ave: recommend Petition be placed on file.

Attachments

Accepted

 

16bb.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Tad Jaillet et al request speed bumps or any other speed calming devices that would alleviate the high rate of speeds that motorists tend to travel on the residential road of Lovell St. to ensure public safety: recommend Petition be placed on file.

Attachments

Accepted

 

16cc.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Karen Forbes et al request speed bump in Barnes Ave. off West Boylston St. to reduce speeding due to small children: recommend Petition be placed on file.

Attachments

Accepted

 

16dd.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Raymond Douglas & Michael Glenn request City Council install proper signage/lights to address the speeding situation at the Vernon Hill Toddler Park at the intersection of Providence & Doane St: recommend Petition be placed on file.

Attachments

Accepted

 

16ee.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Barbara G. Haller request "No Parking" be installed in the even side of Sheridan St.: recommend Petition be placed on file.

Attachments

Accepted

 

17.

CHAIRMAN'S PROPOSED ORDINANCES

17a.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide Two (2) Handicap Parking Spaces in front of 6 Sheridan St.

Attachments

Voted to advertise proposed ordinance

 

17b.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Prohibit Parking on the east side of Sheridan St. opposite 6 Sheridan St.

Attachments

Voted to advertise proposed ordinance

 

18.

TABLED ITEMS

18a.

Communication of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

Attachments

No action taken

 

18b.

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

 

19.

NEW BUSINESS UNDER SUSPENSION OF RULES

19a.

COMMUNICATION - Michael V. O'Brien, City Manager transmitting information communication relative to an Agreement between City of Worcester and the College of the Holy Cross.

Attachments

Councilor Haller moved for suspension of the rules to allow the City Manager and Father Michael McFarland, President of Holy Cross College to address the Council. Referred to Public Safety Committee

 

19b.

Motion O'Brien @ #5a - Request City Manager provide an update on the utilization of various exemptions, what they have been historically and any adjustments.

Attachments

Councilor Clancy moved to amend: further, request to also include dates the changes were made. Mayor suspended the rules to allow Tina Hood to address the City Council Order adopted, as amended

 

19c.

Motion Clancy @ #8j: Request City Manager provide the city's policy, that squares be named for veterans whom have died in the line of duty, to the Traffic & Parking Committee for consideration when considering the name of Blackstone Square.

Attachments

Order adopted

 

19d.

Motion Rushton @ #10a-c Request City Manager report if the recommendations of the Economic Development Committee, from the November 23, 2010 agenda, will be implemented in the Tax Increment Finance Plan.

Attachments

Order adopted

 

19e.

Motion Toomey @ #11e: Request City Manager report on the effects of mixing caffeine with alcohol in various brand name drinks.

Attachments

Order adopted

 

19f.

Motion Lukes - Suspension of Rules - Request the Election Commission report on voting procedures in the past election.

Attachments

Order adopted

 

19g.

Motion Toomey - Suspension of Rules - Request City Manager provide an update on the outcome of court proceedings regarding the Visitor Center fire.

Attachments

Order adopted