CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, September 13, 2011 | Esther Howland Chamber | Convened: 7:14 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 | |
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 | |
| | | | | | | | | 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 | | | | | |
| | | | | | | | | 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 | | | | | |
| | | | | | | | | 10a. | That the City Council of the City of Worcester hereby goes on record in support of the Administration’s 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 | | | | | |
| | | | | | | | | 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 | | | | | |
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