CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 19, 2012

Esther Howland Chamber

Convened: 7:04 P.M.

Recessed: 9:31 P.M. Reconvened: 9:36 P.M. Adjourned: 10:01 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilors Lukes and Toomey. Councilor Lukes arrived at 7:11 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 June 5, 2012.

Attachments

Order adopted

 

5.

RECONSIDERATION

5a.

In accordance with Rule 41 of the Rules of City Council, Councilor Joseph C. O’Brien hereby requests reconsideration of the vote of City Council taken on June 12, 2012 to refer to the Standing Committee on Municipal Operations the Communication of the City Manager recommending Adoption of an Order relative to a Moratorium on Livery Licenses.

Attachments

Reconsideration approved on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Councilor O'Brien moved to amend the proposed ordinance to allow the renewal of livery licenses. Voted to advertise proposed Ordinance as amended on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

6.

FIRST ITEMS OF BUSINESS

6a.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Commissioner of Public Works and Parks, prior to September 1, 2012, to study the impacts of making both Davidson Road and North Parkway a joint cul-de-sac. (Held - Rushton June 12, 2012)

Attachments

Placed on file

 

6b.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request the City Manager request the Police Chief to install traffic speed enforcement in Davidson Road and North Parkway. (Held - Rushton June 12, 2012)

Attachments

Placed on file

 

6c.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON TRAFFIC AND PARKING (as submitted to City Council on June 12, 2012) - Request City Manager request the Commissioner of Public Works & Parks to temporarily make both Davidson Rd. and North Parkway a joint cul-de-sac effective September 12, 2012. MOTION RUSHTON TO AMEND TO READ AS FOLLOWS - Request City Manager request the Commissioner of Public Works & Parks prepare the appropriate ordinances to install a “No Right Turn” into Davidson Rd. from Burncoat St. from 7am to 9am on weekdays and to install “No Left Turn” into Davidson Rd. from North Parkway from 4pm to 6pm on weekdays. (Held as amended - Rushton June 12, 2012)

Attachments

Mayor Petty invited Jay Huber a representative of Hanover Insurance to address City Council. Mayor Petty moved to amend: Request Ordinances be for a trial period of 90 days and further, request City Manager request the Commissioner of Public Works conduct a traffic study in early September for all streets in the vicinity of Hanover Insurance and report the findings back to City Council. Order adopted as amended

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Mayor Petty with the assistance of William Wallace, Executive Director of the Worcester Historical Museum was able to replicate the original design of the City Key. The “Key to the City” program began with Mayor Michael O’Hara in 1924. Mayor Petty was proud to be able to present the first replicated Key to Thornton S. Farnsworth who is the grandson of Mayor O’Hara; Mr. Farnsworth was accompanied by his wife Mary Ann. The replicated keys where produced by the Worcester Technical High School’s Machine Technology Department and Mayor Petty presented the newly designed "Key to the City" to Principal Sheila Harrity who accepted it on behalf of the school and the Machine Technology Department. The Mayor then presented a key to each of the Machine Technology Students: Nicholas Clark, Timothy Plant, Margarita Hardy, Justin Steele, Christin Boyce-Tambeau, Benjamin, Erickson, Eric Sanchez and Peter Thach. Mayor Petty also thanked Brian Cummings, the Machine Technology Instructor, Kyle Brenner, Director of Career Vocational Technical Education and Ted Coghlin.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Rebekah Jablonski request to make public Valley View Lane.

Attachments

Referred to Planning Board

 

9b.

Attorney Jonathan Finklestein on behalf of Michael Ushkurnis and Katherine Garrahan of Bowditch & Dewey on behalf of South Middlesex Opportunity Council (SMOC) request removal of Dudley Place, a private street, from the Official Map.

Attachments

Referred to Planning Board

 

9c.

NATIONAL GRID for a conduit location: CANTERBURY ST.

Attachments

Set hearing for June 26, 2012 - 7:00 P.M.

 

10.

COMMUNICATION OF THE CITY AUDITOR

10a.

Transmitting Auditor's Report for May 2012.

Attachments

Referred to Finance Committee

 

11.

CHAIRMAN'S ORDERS

11a.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager investigate and report to the City Council the feasibility of broadcasting channels 11, 12 and 13 beyond the City of Worcester boundaries.

Attachments

Order adopted

 

12.

ORDERS

12a.

Request City Manager report to City Council as to who is responsible for repairing the damage caused by CSX to the street and sidewalks in Putnam Lane. (Palmieri)

Attachments

Order adopted

 

12b.

Request City Manager report to City Council the number of women and minorities in administrative positions, itemized by department. (O'Brien)

Attachments

Order adopted

 

12c.

DECREE TO MAKE PUBLIC: ARLINE STREET

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12d.

DECREE TO MAKE PUBLIC: BULLARD AVENUE

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12e.

DECREE TO MAKE PUBLIC: CORRINE STREET

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12f.

DECREE TO MAKE PUBLIC : DANVERS STREET

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12g.

DECREE TO MAKE PUBLIC: DAYTON PLACE

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12h.

DECREE TO MAKE PUBLIC: DEVONSHIRE STREET

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12i.

DECREE TO MAKE PUBLIC: HEROULT ROAD

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12j.

DECREE TO MAKE PUBLIC: ONSET STREET

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12k.

DECREE TO MAKE PUBLIC: MONTICELLO DRIVE

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

12l.

DECREE TO MAKE PUBLIC: VERMONT AVENUE

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

13.

COMMUNICATION

13a.

Michael V. O'Brien, City Manager, transmitting communication relative to the recommended Fiscal Year 2013 Capital Improvement Plan for the City of Worcester.

Attachments

Voted to advertise the 77 proposed Loan Orders on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

14.

TABLED ITEMS

14a.

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

 

14b.

RESOLUTION of Mayor Joseph C. O'Brien - 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. (Tabled - O'Brien September 13, 2011)

Attachments

No Action Taken

 

14c.

COMMUNICATION of the City Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

Attachments

No Action Taken

 

14d.

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

Attachments

No Action Taken

 

14e.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

Attachments

No Action Taken

 

14f.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

Attachments

No Action Taken

 

14g.

COMMUNICATION of the City Manager Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 121-92000, Law Court Judgments, and be appropriated to Account #120-92000, Law Ordinary Maintenance, to provide funding for the remainder of Fiscal Year 2012. (Tabled Lukes - May 8, 2012)

Attachments

No Action Taken

 

14h.

COMMUNICATION of the City Manager transmitting communication relative to the Appointment of Steven Rothschild to the Worcester Redevelopment Authority. (Tabled - O'Brien June 5, 2012)

Attachments

No Action Taken

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Councilor Rushton, Chairman of the Economic Development Committee, introduced the following Report for consideration: REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending adoption of a delineation of zone change for the Fire Alarm and Telegraph Building on Park Ave. recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent)

 

15b.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Draft Responsible Employer Ordinance Proposed by the Community Labor Coalition.

Attachments

Mayor Petty recognized the following speakers: 1. Frank Kartheiser, Worcester resident 2. Sue Mailman, Northborough resident 3. Jack Donahue, Worcester resident 4. Christopher Soros, Boston resident 5. Damien Rutherford, Worcester resident 6. Robert Thomas, Worcester resident 7. Jonathan Ostrow, Worcester resident 8. Dania Flores, Worcester resident 9. Frank Callahan, Arlington resident 10. John D’Ilia, Worcester resident 11. Rev Kevin Bean, Worcester resident 12. David Maniero, Millbury resident 13. Edwin Coughlin, Shrewsbury resident 14. Ronald Waddell, Worcester resident 15. Keith Scott, Worcester resident 16. Charles Buduski, Worcester resident 17. Fred Polewaczyk, Worcester resident 18. Brian Turner, no residence given 19. Chris Horton, Worcester resident Councilor O'Brien moved to amend the the proposed ordinance to remove references to Chapter 30. Voted to advertise proposed ordinance as amended on a roll call vote of 9 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Russell, Petty) (Nay - Lukes) (Toomey absent) Councilor O'Brien moved for reconsideration - Reconsideration denied on a roll call vote of 1 Yea and 9 Nays (Yea - Lukes) ( Nays - Economou, Eddy, Germain, O'Brien Palmieri, Rivera, Rushton, Russell, Petty) (Toomey absent)

 

15c.

Motion O’Brien @ #15a CC - Request City Manager report to City Council what would happen if no REO was in place and what would be the remedies if a company of a city project is not following mandates.

Attachments

Order adopted

 

15d.

Motion O’Brien @ #15 CC - Request City Manager report what would happen when out-of-state residents, coming here to work on city projects, do not meet the required state health care mandates and community standards.

Attachments

Order adopted

 

15e.

Motion Rivera @ #13a CC Request City Manager report what funds within the Capital Improvement Plan for Fiscal Year 2013 are being recommended for rectangular fields.

Attachments

Order adopted

 

15f.

Motion Rivera - Suspension of Rules - Request City Manager provide City Council with an update concerning the Triage Assessment Center and further, request City Manager provide clean up of litter and overgrowth in the area on Jaques Ave. and Queen St.

Attachments

Order adopted

 

15g.

Motion Rushton - Suspension of Rules - Request City Manager report to City Council as to the efforts that went into the Mass Bio Conference and a report regarding the activities at this event.

Attachments

Order adopted