CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 12, 2007

Council Chamber

Convened: 7:15 P.M.

Adjourned: 7:41 P.M.


Mayor
Konstantina B. Lukes

 

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P Clancy JrBarbara G Haller
Dennis L Irish Philip P Palmieri
Michael C Perotto 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.

INVOCATION - Rabbi Hershel Fogelman, Yeshiva Academy

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - ALEXANDRA MILLS

4.

ROLL CALL - All present except Councilor Palmieri who arrived at 7:41 P.M.

5.

FIRST ITEM OF BUSINESS

5a.

Communication of the City Manager transmitting informational communication regarding the resignation of the Executive Director of the Election Commission Office.

Attachments

Placed on file

 

6.

SECOND ITEM OF BUSINESS

6a.

Communication of the City Manager transmitting informational communication regarding Union Station Parking Garage. (Tabled under privilege - Lukes)

Attachments

Taken off the Table and Referred to Municipal Operations Committee

 

7.

THIRD ITEMS OF BUSINESS

7a.

Communication of the City Manager relative to Economic Development Initiatives Monthly Status Report - June 2007.

Attachments

Referred to Commerce and Development Committee, Housing and Neighborhood Revitalization Committee, Public Service and Transportation Committee and Public Works Committee

 

7b.

Communication of the City Manager transmitting informational communication regarding the Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Attachments

Referred to Commerce and Development Committee

 

8.

ITEMS OF CITIZEN INTEREST

9.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

10.

PETITIONS

10a.

Nick Grande and Hossein Haghanizadeh request to extend 8" PVC sewer main in Mohican Rd. approximately 182.88'. All work to be done at the Petitioner's expense and subject to a prior agreement and DPW specifications.

Attachments

Referred to Public Works Committee

 

10b.

Mary Moran request sidewalk repair in front of 2 Paradox Dr

Attachments

Referred to Public Works Committee

 

10c.

David & Kathleen Papagni request abatement of street assessment #24559 in the amount of $8,612.05 for Diana St.

Attachments

Referred to Public Works Committee

 

10d.

Chris Pinto request sidewalk repair in front of 4 Watson Ave.

Attachments

Referred to Public Works Committee

 

10e.

Stanley Kusy request street resurfacing in Summerhill Ave.

Attachments

Referred to Public Works Committee

 

10f.

Stanley Kusy request street resurfacing in Kendrick Ave.

Attachments

Referred to Public Works Committee

 

10g.

Stanley Kusy request street resurfacing in Leeds St.

Attachments

Referred to Public Works Committee

 

10h.

Stanley Kusy request sidewalk repair in front of 42 Summerhill Ave.

Attachments

Referred to Public Works Committee

 

10i.

Mirick & Bridget Perkins request abatement of street assessment #24544 in the amount of $5,525.10 for Gaylord St.

Attachments

Referred to Public Works Committee

 

10j.

Edward Rivera request the Office of Human Rights and the Human Rights Commission be moved to City Hall or in the vicinity of City Hall.

Attachments

Mayor Lukes Suspended the Rules to allow Ronal Madnick, Director of the Worcester County Chapter ACLU of Massachusetts, to speak Motion-Haller - Request the Mayor to Suspend the Rules to allow the Petitioner to speak - Mayor Suspended the Rules to allow him to speak. Referred to City Manager

 

11.

ORDERS

11a.

Request City Manager recommend to City Council a public education campaign that would comprehensively inform drivers of the public safety concerns of vehicles blocking intersections, including an enforcement plan to prevent same. (Smith)

Attachments

Order adopted

 

11b.

Request City Manager provide City Council with a report by year for a number of years where comparable data is readily available, including 2007 year-to-date of the following: 1.) homicides: total number of homicides, number of homicides by firearm, number of cases where the perpetrator has been arrested, sources of the firearms used (where the perpetrator got the gun from); 2.) non-fatal shootings: total number of non-fatal shootings, number of non-fatal victims, number of cases where perpetrator has been arrested, sources of the firearms used (where the perpetrator got the gun from; 3.) weapons seized (exclusive of crime gun used in homicides and non-fatal shootings): number of cases where illegal firearms were seized, number of firearms seized, sources of the firearms seized (where the illegal firearms came from). (Haller)

Attachments

Order adopted

 

11c.

Request City Manager consider outsourcing the management of Workerís Compensation issues similar to the program used by the City of Springfield, where the overall Workerís Compensation costs were reduced by 47%, and in the City of Methuen where a savings of more than $4 million was realized. (Rushton)

Attachments

Municipal Operations Committee

 

11d.

Request City Manager report to City Council revealing at what point the City of Fall River revoked the Project Labor Agreement on itís municipal project, and, if that occurred after construction commenced, at what stage in project development was that action taken. Further, request the City Manager inform the City Council at what stage of construction is the City at with the Union Station Garage construction, and, if the City terminated the existing Project Labor Agreement, what might we expect for additional costs, impacts and delays to the construction of the garage and the revitalization of the Green Island/Canal District. (Rushton, Clancy)

Attachments

Order adopted

 

11e.

Request City Manager report to City Council concerning the wayfinding route to the B'nai Bírith Cemetery and recommendations for improvement. (Irish)

Attachments

Order adopted

 

11f.

Request City Manager provide City Council with an update on the status of Newton Hill master plan. (Irish)

Attachments

Order adopted

 

11g.

Request City Manager provide City Council with a report regarding City of Worcesterís authority to require retailers of cleaning products to prominently post a description of nitrate and phosphate content by product. (Irish)

Attachments

Order adopted

 

11h.

Request City Manager provide City Council with an update regarding the implementation of the Climate Action Plan.(Irish)

Motion Haller to amend: Further, request an overall review of the energy contract aspect of the Climate Action Plan relative to the reduction of energy to municipal buildings.

Attachments

Order adopted as amended

 

11i.

Request City Manager provide City Council with a previously requested comparative parks and recreation data report within 30 days. (Irish)

Attachments

Order adopted

 

11j.

Request City Manager report on the process and time frame for real estate property values to be determined and the tax classification vote to be scheduled and specifically, what needs to be accomplished for the tax classification vote to be voted by the City Council prior to November 6, 2007. (Lukes)

Motion-Lukes to amend: Further, request said report for the next City Council meeting.

Attachments

Order adopted as amended

 

11k.

Request the City Manager to coordinate a broad-based effort to improve the system of mass-transit in greater Worcester that involves, among others, the Worcester Regional Transit Authority, the Central Massachusetts Regional Planning Commission, the Worcester Area Chamber of Commerce, the Worcester Consortium of Colleges and the Worcester Public Schools.

Said efforts would involve a campaign to incite the public to utilize bus transportation at levels experienced in other major American cities, attract federal transit funds for fleet and infrastructure improvements, seek to expand service frequencies, improve the reliability of scheduled service using the latest technologies, evaluate the central business district drop-off and pick-up nodes and review the member community funding for appropriateness. (Rosen)

Motion-Haller to amend: to include the Central Massachusetts State Delegation as well as the Lt. Governor Timothy P. Murray.

Motion-Palimeri to amend: Further, request the Worcester Regional Transit Authority review its fleet of buses as to reducing the size and fuel efficiencies of the buses.

Attachments

Order Adopted as amended

 

12.

REPORT OF THE PLANNING BOARD

12a.

REPORT OF PLANNING BOARD Upon the Petition of Samuel Gyan request to make public Woodward St.

Attachments

Referred to Public Works Committee for a hearing

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

13a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Streets Scheduled for 2008 Resurfacing: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of the Worcester Housing Authority request the City of Worcester approve certain changes to the streets within the Worcester Housing Authority property known as the Curtis Apartments located at Tacoma St. and Great Brook Valley Avenue in Worcester: recommend adoption of accompanying Orders.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request street resurfacing for Lepanto St. from Glezen St. to Jennings St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Michael Revelli, President and Treasurer of M.R. Real Estate, Inc., request to extend 8" sewer main and 12" storm drain 80' in New York Street as approved by the DEP on May 12, 2006: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to the Gateway Park Public Street Decree: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dr. George Maloney request to repair/replace sidewalk from 334 to 338 Highland St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Attorney Joe Boynton on behalf of Cardinal's Ridge Realty, LLC request that the City extend the sanitary sewer main from the existing line in Kendig St. 400' more or less in a southerly direction in Attleboro St., subject to a prior agreement and at the expense of the petitioner: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. and Mayor Timothy P. Murray request that Central St. from Summer St. to Main St. be renamed MLK, Jr. Boulevard, and, that Front St. from Main St. to Washington Sq. be renamed JFK Boulevard: recommend adoption of the accompanying two Orders.

Attachments

Tabled Under Privilege - Lukes

 

13i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mayor Konstantina B. Lukes, Councilor Paul P. Clancy, Jr., Councilor Barbara G. Haller, Councilor Frederick C. Rushton, Councilor Michael C. Perotto, Councilor Dennis L. Irish, Councilor Kathleen M. Toomey, Councilor Joseph M. Petty, Councilor Joffrey A. Smith, Councilor Philip P. Palmieri and Councilor Gary Rosen request to designate the proposed Gardner St. Extension in the South Worcester Industrial Park as Janice Nadeau Way: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Rachel & Brian Keyo et al request that safety repairs be carried out to restore, resurface and reconstruct Euclid Ave.: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Lee Buckley request Everett St. be removed off the city map at Linden St. and William St. intersection: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

14.

TO BE ORDAINED

14a.

Amend Chapter Five Section Twenty-Six of the Revised Ordinances of 1996 relative to Sewer User Charge.

Attachments

Ordained on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy, Haller, Irish, Palmieri, Perotto, Petty, Rosen, Rushton, Smith) (Nay - Lukes) (Toomey absent)

 

14b.

Amend Chapter Seven Section Sixteen of the Revised Ordinances of 1996 relative to Water Rates Use Charges.

Attachments

Ordained on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy, Haller, Irish, Palmieri, Perotto, Petty, Rosen, Rushton, Smith) (Nay - Lukes) (Toomey absent)

 

14c.

Amend the Worcester Zoning Ordinance adopted April 2, 1991 relative to Wind Energy Conversion Facilities.

Attachments

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

 

14d.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 9 Stockholm St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14e.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 15 Sterling St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14f.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 86 Vernon St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14g.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to provide for Handicap Parking in front of 176 Vernon St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14h.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to increase the Time Limit on the Parking Meters on Pearl St. from 30 minutes to one hour.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14i.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 71 Hollis St.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14j.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind Handicap Parking in front of 21 Sterling St..

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

14k.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to rescind No Parking Anytime on the east side of Great Brook Valley Ave. from Brook View Dr. to the southerly terminus. Amend Section 42 of Chapter 13 of the Revised Ordinances of 1996 to make Great Brook Valley Ave. from Tacoma St. to Tacoma St. Two-Way.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

15.

TABLED ITEMS

15a.

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

 

15b.

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Attachments

No action taken

 

15c.

Chairman's Order from the Committee on Military Affairs - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled - Clancy March 6, 2007)

Attachments

No action taken

 

16.

SUSPENSION OF RULES

16a.

COMMUNICATION - City Manager transmitting informational communication regarding questions posed at the June 5, 2007 Finance Committee Meeting.

Attachments

Referred to Municipal Operations Committee

 

16b.

COMMUNICATION - City Manager transmitting informational communication regarding the Union Station Garage Memo that was submitted to the City Council and approved on December 5, 2006.

Attachments

Referred to Municipal Operations Committee

 

16c.

Motion-Perotto @#10j CC - Request City Manager provide City Council with a report within 30 days relative to relocating the Human Rights and Disability Offices to City Hall or in the downtown area.

Attachments

Order adopted

 

16d.

Motion-Lukes @#6a CC - Request City Manager request the City Solicitor submit to City Council a legal opinion as to whether a waiver is required consistent with Executive Orders 13208 and 13202.

Attachments

Order adopted

 

16e.

Motion-Rosen @#7a CC - Request City Manager consider inviting Barbara Smith Bacon, Project Manger for Berkley Investment, to discuss the future of the CitySquare development.

Attachments

Order adopted

 

16f.

Motion- Petty @#11k CC - Request City Manager provide City Council with a copy of the City's Master Plan for the WRTA and provide a comprehensive report that would include an update of the plans for transportation within the City as discussed by the Administration, Department of Public Works and Central Mass Regional Planning as well as any Common Pathways plans.

Attachments

Order adopted

 

16g.

PETITION - Councilor Paul P. Clancy, Jr. et al request private street maintenance in Joppa Rd.

Attachments

Referred to Public Works Committee

 

16h.

Motion-Clancy - Suspension of Rules - That the City Council of the City of Worcester hereby cancels the August 7, 2007 City Council meeting.

Attachments

Tabled-Rushton

 

16i.

Motion-Clancy and Toomey - Suspension of Rules - That the City Council of the City of Worcester hereby rescinds its previous vote to authorize the City Manager to enter into an agreement to supply sewer service to 130 Westborough St. in Millbury, MA.

Attachments

Tabled under privilege - Lukes and To be First Item of Business June 19, 2007

 

16j.

Motion-Lukes - Suspension of Rules - Request City Manager request City Solicitor and Commissioner of Public Works & Parks provide an impact statement relative to rescinding the Order authorizing the City Manager to enter into an agreement to supply sewer service to 130 Westborough St. in Millbury, MA.

Attachments

Order adopted

 

16k.

Motion-Clancy - Suspension of Rules - That the City Council of the City of Worcester hereby request the City Manager and no city official issue any permit for construction to service 130 Westborough St. in Millbury, MA.

Attachments

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

 

16l.

PETITION - Councilor Joffrey A. Smith request sidewalk repair in front of 315 Burncoat St.

Attachments

Referred to Public Works Committee

 

16m.

PETITION - Councilor Joffrey A. Smith request sidewalk repair in front of 317 Burncoat St.

Attachments

Referred to Public Works Committee

 

16n.

Motion-Irish - Suspension of Rules - Request City Manager provide City Council with a report as soon as possible concerning the City's authority, regulations and enforcement mechanisms to watercraft on lakes within the city as a result of recent accidents. (Irish)

Attachments

Order adopted