CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 24, 2008

Council Chamber

Convened: 7:12 P.M.

Adjourned: 9:27 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 - ALEXANDRA MILLS

3.

ROLL CALL - All present with the Mayor in the chair except for Councilor Petty who arrived at 7:22 P.M.

4.

FIRST ITEMS OF BUSINESS

4a.

Communication of the City Manger requesting Adoption of an Order Amending the Revised Ordinances Concerning Hawkers/Peddlers and Street Vendors, and Further Request Authorization to File a Home-Rule Petition Regarding the Regulation of Hawkers/Peddlers and Street Vendors. (Tabled Under Privilege - Rushton June 17, 2008)

Attachments

Mayor Lukes allowed public speakers two minutes each to address the City Council concerning Hawkers/Peddler and Street Vendors proposed legislation. Speaking in favor: Scott Neri, Worcester resident Brian Sens, Worcester resident Dean Stamoulis, Shrewsbury resident George Maniatis, Shrewsbury resident Speaking in opposition: Ronald LaFlash, Worcester resident Chris Gould, Worcester resident Jim Shautsberger, Worcester resident Mr. Perro, no residence given Jo Hart, Worcester resident John Sweeney, Worcester resident Motion Germain: Request to Table Under Privilege - Motion carried in accordance to Rule 60(o) of the City Council on a roll call vote of 5 Yeas (Germain, Rosen, Rushton, Smith, Toomey) and 6 Nays (Clancy, Eddy, Haller, Palmieri, Petty, Lukes) - To be the First of Item of Business July 8, 2008

 

4b.

Communcation of the City Manager recommending City Council's Adoption of Amendments to the Salary Ordinance of August 1996 to bring the Salary Ordinance into Compliance with the Changes Enacted in the Fiscal Year 2009 Budget. (Tabled Under Privilege - Lukes June 17, 2008)

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

5.

EVALUATION OF THE CITY MANAGER

5a.

Communication of the City Manager transmitting Informational Communication Relative to the 2008 Evaluation of the City Manager (#9.39A CM June 17, 2008)

Attachments

Placed on file

 

6.

ITEMS OF CITIZEN INTEREST

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Councilor Joffrey A. Smith request replacement of city shade tree be planted on the Forest St. side of 2 Hancock Hill Dr. as the original large tree was recently struck and felled by a large waste removal company vehicle.

Attachments

Referred to City Manager

 

8b.

Heather Nejaimey request zone change from RL-7 to RG-5 for 4, 6 and 18 Christine St.

Attachments

Referred to Planning Board

 

8c.

Paula Bohigian request sidewalk repair in front of 11 Buckingham St.

Attachments

Referred to Public Works Committee

 

8d.

Elaine Zingarelli, Principal of Thorndyke Road Elementary School, et al request sidewalk repair in front of school at 30 Thorndyke Rd.

Attachments

Referred to Public Works Committee

 

8e.

Councilor Philip Palmieri request Everard Street be resurfaced.

Attachments

Referred to Public Works Committee

 

8f.

Councilor Philip Palmieri request Stanton St. be resurfaced.

Attachments

Referred to Public Works Committee

 

8g.

Councilor Philip Palmieri request Olga Ave. be resurfaced.

Attachments

Referred to Public Works Committee

 

8h.

Miguel & Ana Flores request a new sidewalk be constructed in front of 1 Holland Rd.

Attachments

Referred to Public Works Committee

 

8i.

Sheila Marron Bonina request Edlin Street be resurfaced.

Attachments

Referred to Public Works Committee

 

8j.

Mayor Konstantina B. Lukes on behalf of Thuy Tina Thai et al request street repair between 162 & 280 James St.

Attachments

Referred to Public Works Committee

 

8k.

Councilor Joffrey A. Smith on behalf of Christine Scully request repair of sidewalk and driveway apron on the Forest St. side of 2 Hancock Hill Dr.

Attachments

Referred to Public Works Committee

 

8l.

Richard Goodrich request to install handicap parking space at 141 Cambridge St.

Attachments

Referred to Traffic and Parking Committee

 

8m.

Mayor Konstantina B. Lukes on behalf of Thuy Tina Thai et al request to limit transport trucks driving on James St. between 8am and 8pm.

Attachments

Referred to Traffic and Parking Committee

 

8n.

Mayor Konstantina B. Lukes on behalf of Thuy Tina Thai et al request to limit transport trucks from idling for no more that 15 minutes in James St.

Attachments

Referred to Traffic and Parking Committee

 

8o.

Councilor Philip P. Palmieri request to install a "Go Slow" sign in Harrington Way for the North High School.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS

9a.

Michael V. O'Brien, City Manager, transmitting informational communication relative to a Salary Ordinance Amendment associated with the Fiscal Year 2009 Budget.

Attachments

Placed on file

 

9b.

Michael V. O'Brien, City Manager, transmitting communication relative to Legislation to Regulate Foreclosure.

Attachments

Placed on file - See item #15a CC

 

9c.

Michael V. O'Brien, City Manager, transmitting informational communication relative to Hawkers/Peddlers and Street Vendors.

Attachments

Table Under Privilege - Germain

 

10.

REPORT OF THE PLANNING BOARD

10a.

Upon the Petition of Jefferson Mararian request Rondeau Court be removed from the Official Map.

Attachments

Accepted

 

11.

LOAN ORDER TO BE ADOPTED

11a.

That the sum of Five Million ($5,000,000.00) be appropriated to account #91C745, Sewer Construction, to pay costs of improvements to the City's sewer system required as part of the Commonwealth of Massachusetts' Wachusett Reservoir Project, so-called, and for the payment of all costs incidental and related thereto.

Attachments

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

 

12.

TO BE ORDAINED - PART II

12a.

Amending Chapter Five, Section Twenty-six of the Revised Ordinances of 1996 relative to Sewer User Charge.

Amending Chapter Seven, Section 16 of the Revised Ordinances of 1996 relative to Water Rates Use Charges.

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

 

12b.

Amending the previously adopted ordinance relative to certain permit and inspection fees for the Citysquare Project.

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

 

12c.

Part One of the Revised Ordinances of 2008 and Repeal Part One of the Revised Ordinances of the City of Worcester 1996, as amended.

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

 

13.

TABLED UNDER PRIVILEGE

13a.

Communication of the Cit y Manager recommending City Council adopt a Loan Order in the amount of One Million Six Hundred Thousand Dollars And No Cents ($1,600,000.00), to be appropriated to Account #91C784, Parks Improvements, to provide funding for the implementation of the City's Aquatic Capital Plan as per the Fiscal Year 2009 Capital Improvement Program. (Tabled - Lukes June 17, 2008)

Attachments

Referred to Youth, Parks and Recreation Committee

 

13b.

Communication of the City Manager recommending City Council adopt a Loan Order in the amount of Two Hundred Seventy Five Thousand Dollars And No Cents ($275,000.00), to be appropriated to Account #91C793, Golf Improvement, to fund improvements and renovations to the Club House as per the Fiscal Year 2009 Capital Improvement Program. (Tabled - Lukes June 17, 2008)

Attachments

Referred to Youth, Parks and Recreation Committee

 

14.

TABLED ITEMS

14a.

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

 

14b.

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

Attachments

No action taken

 

14c.

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

Attachments

No action taken

 

14d.

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

 

14e.

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

 

14f.

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

Attachments

No action taken

 

14g.

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

 

14h.

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

 

15.

SUSPENSION OF RULES

15a.

Motion Haller @ #9b CC - Request City Manager request City Solicitor to prepare and file Special Home Rule legislation to regulate foreclosures for the City that is modeled after legislation proposed by the Boston City Council.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays See attached three (3) orders as submitted by the City Solicitor at the request of the City Council

 

15b.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to the dismissal of a Federal lawsuit filed by two City employees alleging improprieties in the administration of the City's federally-funded Workforce Development programs.

Attachments

Placed on file

 

15c.

Motion Germain @ # 5a CC - Request City Councilors limit their comments relative the City Manager's evaluation to five minutes.

Attachments

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

 

15d.

PETITION - Councilor Joffrey A. Smith on behalf of Maureen Reddy request sidewalk repair in front of 13 Jeppson Ave.

Attachments

Referred to Public Works Committee