CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 13, 2011

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 10:03 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 with the Mayor in the chair except Councilors Eddy, Haller and Lukes. Councilor Haller arrived at 7:15 P.M. and Councilors Lukes & Eddy arrived at 7:17 P.M.

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of August 9, 2011.

Attachments

Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Councilor Konstantina B. Lukes & Councilor Joffrey A. Smith on behalf of Paula Sunderland request tree planting and mulch be included in the island on West Boylston St. at the beginning of Barber Ave. across from the former Barber's Crossing Restaurant.

Attachments

Referred to the Department of Public Works & Parks

 

7b.

Joan Green, Trustee of Samrae Realty Trust, request that the developer's portion of Rustic Drive be accepted as a public way.

Attachments

Referred to Planning Board

 

7c.

Ernest Richard request the entire length of sidewalks on the odd side of Ericsson St. be repaired.

Attachments

Referred to Public Works Committee

 

7d.

Mary Ann Erickson request repair of driveway apron slope and sidewalk in front of 45 Walworth St.

Attachments

Referred to Public Works Committee

 

7e.

Councilor Joffrey A. Smith on behalf of Alan Dean request sidewalk repair in front of 10 Saxon Rd.

Attachments

Referred to Public Works Committee

 

7f.

Donna Catanese request installation of crosswalk in Outlook Dr. near the playground.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Sandra Seith request handicap parking space in front of 45 Parsons Hill Drive.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Rosa Marie Rodriguez request installation of resident permit parking in front of 9 Winslow St. and on the Larch St. side of 9 Winslow St.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Councilor Joffrey A. Smith on behalf of Francis Brother request installation of a children cautionary signage and crosswalk at the intersection of Flagg St. and Meadowbrook Rd.

Attachments

Referred to Traffic and Parking Committee

 

8.

ORDERS

8a.

Request City Manager provide an update concerning the DPW Storm Water Policy. (O'Brien)

Attachments

Order adopted

 

8b.

Request City Manager request the appropriate staff person to research the history of a land transaction between the City of Worcester and Friendly House in regards to land at Thorne and Wall Streets that was at one time supposed to be developed as a public park. (O'Brien)

Attachments

Order adopted

 

8c.

Request City Manager report whether design specifications or concepts for new construction can be incorporated as part of the TIF process. (Lukes)

Attachments

Order adopted

 

8d.

Request City Manager report whether a design review process can be incorporated into the economic development department's goals. (Lukes)

Attachments

Order adopted

 

8e.

Request City Manager report on the manner in which the fund balance for the Green Hill Park Golf course is calculated including how the cost of the gated access road to the golf course is factored into the calculation. (Lukes)

Attachments

Order adopted

 

8f.

Request City Manager and the License Commission discuss with the city cab companies options for providing service to disabled individuals who need to be transported with motorized scooters. (O'Brien)

Attachments

Order adopted

 

8g.

SEWER BETTERMENT ASSESSMENT: JEWETT TERRACE

Attachments

Order adopted

 

8h.

SEWER BETTERMENT ASSESSMENT: MOWER ST.

Attachments

Order adopted

 

9.

RECESS TO FINANCE COMMITTEE

9a.

#12a CC July 19, 2011
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended December 31, 2010 for the Worcester Retirement System.

Attachments

No Action Taken

 

9b.

#9a CC June 14, 2011
Communication of the City Auditor transmitting Auditor's Report for May 2011.

Attachments

No Action Taken

 

9c.

#13a CC September 6, 2011
Communication of the City Auditor transmitting Auditor's Report for July 2011.

Attachments

No Action Taken

 

10.

RESOLUTION

10a.

That the City Council of the City of Worcester hereby goes on record in support of the Administrationís 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. (O'Brien)

Attachments

Mayor O'Brien moved to table the item. Tabled - O'Brien

 

11.

TABLED UNDER PRIVILEGE

11a.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of William Breault, Main South Alliance for Public Safety, request legislation be filed with the Great and General Court to enable the City of Worcester to adopt an ordinance which will allow for the impoundment and seizure of motor vehicles in conjunction with the arrest and conviction of persons for solicitation of a prostitute: recommend adoption of the accompanying Order. (Tabled - Rushton September 6, 2011)

Attachments

Councilor Rushton moved to recommit this report to Rules and Legislative Affairs Committee. Councilor Haller opposed the motion to recommit and moved to amend the Report's Order to read as follows: That the City Manager be and is hereby authorized to file Home Rules Legislation for the forfeiture of a motor vehicle used in conjunction with the arrest and conviction for sex for a fee. Mayor O'Brien moved for a roll call vote to amend the language of the Report's Order - Approved on a voice vote Councilor Rushton moved to withdraw his motion to recommit to committee and moved to refer the report to the City Manager and further, requested to move the following: Request City Manager provide City Council with a report that outlines the resources required to implement a program to impound and seize vehicles in conjunction with the arrest and conviction for sex for a fee. (see item #13f CC) Note: A request to refer takes precedence to adopt In accordance with the rules Mayor O'Brien moved for a roll call vote of Councilor Rushton's motion to refer - Denied on a roll call vote of 1 Yea and 10 Nays. Mayor O'Brien recognized the following speakers: 1. William Breault, Worcester resident 2. Ronal Madnick, Worcester resident 3. Nicole Apostola, Worcester resident 4. Jo Hart, Worcester resident Mayor O'Brien moved for a roll call vote to Accept the Report and Adopt the accompanying Order as amended - Accepted & Adopted as amended on a roll call vote of 10 Yeas and 1 Nay. Councilor Clancy moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

11b.

Order of Mayor Joseph C. O'Brien, Councilor Philip P. Palmieri, Councilor Paul P. Clancy, Jr., Councilor Frederick C. Rushton, Councilor Barbara G. Haller, Councilor Michael J. Germain, Councilor Joffrey A. Smith and Councilor Joseph M. Petty - Request City Council place before the voters at the November 8, 2011 municipal election the following non-binding question: Do you support changing the membership of the School Committee from its current composition of all At-Large Committee members to a combination of At-Large and District Committee members? (Tabled - Toomey September 6, 2011)

Attachments

Under Suspension of Rules Mayor O'Brien recognized the following speakers: 1. Mary Mullaney, Worcester resident 2. Brian O'Connell, Worcester resident 3. John Monfredo, Worcester resident 4. Tracy O'Connell Novick, Worcester resident 5. Bill Coleman, Worcester resident Councilor Lukes moved to place this item on File Councilor Toomey moved to refer this to committee Note: A request to refer takes precedence over a request to file In accordance with the rules Mayor O'Brien moved for a roll call vote of Councilor Toomey's motion to refer to committee - Denied on a roll call vote of 3 Yeas and 8 Nays (Yeas - Eddy, Lukes, Toomey) (Nays - Clancy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien) Mayor O'Brien moved for a roll call vote of Councilor Lukes' motion to File - Denied on a roll call vote of 10 Yeas and 1 Nay. (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Nay - Lukes) Councilor Clancy moved for reconsider on both votes - Reconsideration was denied on a roll vote of 2 Yeas and 9 Nays. (Yeas - Lukes, Toomey) (Nays - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien) Mayor O'Brien moved for the roll call vote to adopt - Order adopted on a roll call vote 8 Yeas and 3 Nays. (Yeas - Clancy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien) (Nays - Eddy, Lukes, Toomey) Councilor Clancy moved for reconsideration - Reconsideration denied on a roll call vote of 3 Yeas and 8 Nays. (Yeas - Eddy, Lukes, Toomey) (Nays - Clancy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien)

 

11c.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report on what resources, funds and training are required in order to send the fingerprints of a person arrested and held in custody by the Worcester Police Department to homeland security and federal immigration agencies. (Tabled - O'Brien September 6, 2011)

Attachments

Councilor Lukes moved the following order - That the City Council of the City of hereby goes on record requesting the administration communicate with ICE and request the City of Worcester be allowed to participate in the Secure Communities Act. Councilor Eddy moved to lay on the table Councilor Lukes's motion and request the City Solicitor provide a legal opinion concerning what are City Council's rights relative to this topic. The motion would read as follows: Request the City Manager request the City Solicitor to provide a legal opinion on the merits of the following resolution: That the City Council of the City of hereby goes on record requesting the administration communicate with ICE and request the City of Worcester be allowed to participate in the Secure Communities Act. (See #13b) Councilor Lukes concurred that this topic should be referred to the Law Department. Councilor Eddy withdrew his motion to lay on the table. Councilor Haller moved to File Councilor Eddy's motion Mayor O'Brien moved for a roll call vote on Councilor Eddy's motion - Order adopted on a roll call vote of 8 Yeas and 3 Nays. (Yeas - Clancy, Eddy, Germain, Lukes, Palmieri, Petty, Smith, Toomey) (Nays - Haller, Rushton, O'Brien) Councilor Haller's motion - Not Put Item #11c - Not Put

 

12.

TABLED ITEMS

12a.

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

 

12b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Summit Elder Care request speed limit sign in the vicinity of 1169 Grafton St., facing northerly: recommend adoption of the accompanying Order (Tabled - Clancy July 19, 2011)

Attachments

No Action Taken

 

12c.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

Attachments

No Action Taken

 

12d.

Order of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011)

Attachments

No Action Taken

 

12e.

Communication of the City Manager transmitting Informational Communication Relative to the City's Revenues and Expenditures as of June 30, 2011. (Tabled - Lukes September 6, 2011)

Attachments

No Action Taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the Sharing Fingerprint Data of an Arrested Person with Federal Law Enforcement Agencies.

Attachments

Placed on file

 

13b.

Motion of Councilor Lukes as amended by Councilor Eddy @ #11c & 13a CC - Request the City Manager request the City Solicitor to provide a legal opinion on the merits of the following resolution: That the City Council of the City of hereby goes on record requesting the administration communicate with ICE and request the City of Worcester be allowed to participate in the Secure Communities Act.

Attachments

Order adopted on a roll call vote of 8 Yeas and 3 Nays (Yeas - Clancy , Eddy, Germain, Lukes, Palmieri, Petty, Smith, Toomey) (Nays - Haller, Rushton, O'Brien)

 

13c.

COMMUNICATION - Michael V. O'Brien, City Manager transmitting informational communication relative to the 2011 Summer Impact Program.

Attachments

Placed on file

 

13d.

Motion Haller - Suspension of Rules - Request City Manager request Police Chief include data from other communities in their communication concerning an update relative Crime Stats for 2011 and their recommendation for a Fall Impact program.

Attachments

Order adopted

 

13e.

Motion Haller - Suspension of Rules - Request City Manager send a copy of calendar item #13c to the neighborhood associations and crime watch groups.

Attachments

Order adopted

 

13f.

Motion Rushton @ #11a CC - Request City Manager provide City Council with a report that outlines the resources required to implement a program to impound and seize vehicles in conjunction with the arrest and conviction for sex for a fee.

Attachments

Order adopted

 

13g.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report on city flooding this past summer season.

Councilor Rushton moved to amend: Further, request this report to accentuate in particular the Millbury Street neighborhood.

Attachments

Order adopted

 

13h.

RESOLUTION of Councilor Palmieri - That the City Council of the City of Worcester hereby recognizes the sucess of the ef Annual Shrewsbury Street College Shuttle and the efforts mand by The Colleges of the Worcester Consortium and the Shrewsbury Street Merchants.

Attachments

Resolution adopted

 

13i.

Motion Petty - Suspension of Rules - Request the City Manager report to City Council the history concerning the private street conversion of Carter Road. Further, request the report for the September 27th City Council meeting.

Attachments

Order adopted

 

13j.

Motion Smith - Suspension of Rules - Request City Manager address illegal dumping on Erie Ave. in the vicinity of the Arts Magnet School and Country Club Blvd.

Attachments

Order adopted

 

13k.

PETITION - Councilor Joffrey A. Smith request repair of sidewalks in front of the Post Office in Barber Ave.

Attachments

Referred to Public Works Committee

 

13l.

Motion Petty - Suspension of Rules - Request City Manager provide City Council with a report relative to the auction of surplus city vehicles and other fixed assets.

Attachments

Order adopted

 

13m.

PETITION - Mayor Joseph C. O'Brien request the current parking restrictions in front of 805, 807 and 809 Main St. be rescinded and install a 30 minute parking zone.

Attachments

Referred to Traffic and Parking Committee