CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 17, 2009

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 7:58 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 - ALL SAINTS CHURCH CHOIR

3.

ROLL CALL - All present with the Mayor in the Chair

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITION

6a.

Attorney Robert Longden on behalf of 222 June St. LLC and Botany Bay Properties, LLC, request to change the zoning district classification of 222 June St. and 55 Botany Bay Rd. from RS-7 to RL-7.

Attachments

Referred to Planning Board

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointments of Bernard Iandoli and Jack Reiff to the Airport Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Richard Trifone to the Citizens Advisory Council.

Attachments

Appointment Confirmed on a roll call vote of 11 Yeas and 0 Nays

 
 

7.3

DEPARTMENT OF HUMAN RESOURCES
 

7.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
 

7.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

7.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

7.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

7.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

7.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

7.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

7.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

7.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

7.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

7.16

FIRE DEPARTMENT
 

7.17

POLICE DEPARTMENT
 

7.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to H1N1 Vaccinations.

Attachments

Referred to Public Health and Human Services Committee

 
 

7.19

LICENSE COMMISSION
 

7.20

LAW DEPARTMENT
 

7.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

7.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

7.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

7.24

DIVISION OF PUBLIC HEALTH
 

7.25

DIVISION OF ELDER AFFAIRS
 

7.26

WORCESTER PUBLIC LIBRARY
 

7.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

7.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.29

PUBLIC SCHOOL DEPARTMENT
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.35

FINANCE ITEMS
Capital Transfers
 

7.36

FINANCE ITEMS
Operational Transfers
 

7.37

FINANCE ITEMS
Prior Year
 

7.38

FINANCE
Loan Orders
 

7.39

MISCELLANEOUS AGENDA TRANSMITTALS
8.

REPORT OF THE PLANNING BOARD

8a.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Allyn Jones request the BL-1.0 zone be extended to include the paved parking area abutting 1097-1099 Pleasant St.

Attachments

Referred to Economic Development Committee

 

9.

TABLED UNDER PRIVILEGE

9a.

Order Granting permission to NATIONAL GRID for electric cable and conduit system: RICH ST.,TORY FORT LANE, TIVERTON PARKWAY, MILL ST. AND PLEASANT ST. (Tabled - Eddy November 10, 2009)

Attachments

Councilor Eddy moved to take the item off the Table - Approved Mayor Lukes moved to suspend the rules to allow Colin Hassett a representative of National Grid to answer questions of city council - Approved Order adopted

 

9b.

Order Granting permission to NATIONAL GRID for electric cable and conduit system: JUNE ST. AND CHANDLER ST. (Tabled - Eddy November 10, 2009)

Attachments

Councilor Eddy moved to take the item off the Table - Approved Order adopted

 

10.

TABLED ITEMS

10a.

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

 

10b.

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

Attachments

No action taken

 

10c.

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

 

10d.

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

 

10e.

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

 

10f.

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

 

10g.

Order of Councilor Michael J. Germain - Request City Manager consult with the Worcester Sharks regarding the possible management and redevelopment of the Charles Buffone Arena Ice Skating Rink on Lake Ave. (Tabled - Palmieri October 1, 2008)

Attachments

No action taken

 

10h.

Order of Councilor Michael J. Germain - That the City Council of the City of Worcester hereby accept and adopt Section 19 of the Massachusetts General Laws Chapter 32B, allowing for coalition bargaining for health benefits in the City of Worcester. (Tabled - Lukes October 21, 2008)

Attachments

No action taken

 

10i.

Order of Councilor Frederick C. Rushton - Request City Manager request the City Solicitor to report to City Council what basis the City is using to delay the public records request by the Worcester Telegram in light of the Globe Newspaper Company v. Commissioner of Education, 439 Mass. 124 (2003) ruling whereby the Supreme Judicial Court ruled public records must be released for inspection and copying without unreasonable delay, that is, within ten days of the receipt of a request for them. (Tabled - Haller November 25, 2008)

Attachments

No action taken

 

10j.

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

Attachments

No action taken

 

10k.

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Attachments

No action taken

 

10l.

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

Attachments

No action taken

 

11.

SUSPENSION OF RULES

11a.

Motion Rushton - Suspension of Rules - Request City Manager consider conducting exit interviews with those businesses that leave the city for locations outside the community.

Motion Haller to amend: Further, request City Manager consider surveying new businesses as to the reasons why they chose to come to Worcester to conduct business. - Approved

Attachments

Order adopted as amended

 

11b.

Motion Eddy and Clancy - Suspension of Rules - Request the Standing Committee on Rules and Legislative Affairs recommend to City Council an amendment to the Home Rule Charter concerning succession of a district council seat that ensures equal representation for filling vacancies of city council seats.

Attachments

Referred to Rules and Legislative Affairs Committee

 

11c.

Motion Haller - Suspension of Rules - Request City Manager update City Council relative to the process and progress in reclaiming the College Hill neighborhood from the off campus behavior of Holy Cross students during late night hours.

Attachments

Order adopted

 

11d.

Motion Toomey - Suspension of Rules - Request City Manager provide City Council with a previously requested report relative to WPI policies for handling behavior at fraternity houses and other off campus housing so that this policy could be used as a tool to find possible remedies to disruptive behavior to neighborhoods at Holy Cross.

Attachments

Order adopted

 

11e.

Motion Palmieri to amend: Further, request City Manager invite Fr. MacFarland to appear before Council to hear Councilor's concerns and participate in the discussion for corrective action.

Attachments

Order adopted

 

11f.

Motion Germain - Suspension of Rules - Request City Manager request City Solicitor update City Council relative to the status of the amendment to the proposed unruly gathering ordinance.

Attachments

Order adopted

 

11g.

Motion Petty - Suspension of Rules - Request City Manager report to City Council relative to police powers of the various campus police and security forces within the City of Worcester.

Attachments

Order adopted

 

11h.

PETITION - Councilor William J. Eddy on behalf Anthony Cerundolo request sidewalk repair in front of 9 Longfellow Rd.

Attachments

Referred to Public Works Committee

 

11i.

Motion Palmieri - Suspension of the Rules - Request City Manager take a close look at the building next to Hanover Theater to engage with the owners and other entities to have the building restored to a place where there will be productive activity.

Attachments

Order adopted