CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 4, 2008

Council Chamber

Convened: 7:09 P.M.

Adjourned: 8:30 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.

INVOCATION - Reverend Richard Reidy, St. Paul's Cathedral

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - ALEXANDRA MILLS

4.

ROLL CALL - All present except for Councilors Palmieri and Petty and with the Mayor in the Chair. Councilor Palmieri arrived at 8:05 P.M.

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Hoang Do & Anna Hinh request to convert Laureldale St. from private to public street.

Attachments

Referred to Planning Board

 

7b.

Sylvia Cousins request to make public Sherer Trail.

Attachments

Referred to Planning Board

 

7c.

Mayor Konstantina B. Lukes on behalf of Patricia Westberg request replacement of street light at Mendon St. and Dorchester St. that was knocked down by a vehicle.

Attachments

Referred to Public Service and Transportation Committee

 

7d.

Tracy Dubinsky & Jason Petrella request to have Valley Hill Drive repaved.

Attachments

Referred to Public Works Committee

 

7e.

Tracy Dubinsky & Jason Petrella request to have Valley Hill Lane repaved.

Attachments

Referred to Public Works Committee

 

7f.

Darren Lussier request to remove the No Parking restriction from west side of Southbridge St. from point 90 feet south of Tracy Place to City Line.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Joseph Iaccarino et al request Resident Only parking on both sides of Carver St. due to Starbuck Coffee Shop approval at 1 Carver St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
A.

Recommend City Council Review, Deliberation and Adoption of the Attached Resolutions to Apply for and Accept Grant Funds from the FAA and MAC to Fund Upgrades to the Security System at the Worcester Regional Airport.

Attachments

Two Resolutions adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Petty absent)

 
 

8.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

8.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
A.

Transmitting Informational Communication Relative to the City's Pharmacy Benefit Manager.

Attachments

Referred to Municipal Operations Committee

 
 

8.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

8.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Regarding a Status Report on the Renovations to the Alderman Chamber.

Attachments

Referred to Public Works Committee

 
 

8.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

8.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Recommend City Council Accept with Gratitude, a Donation of Personal Protective Equipment (PPE) Kits from the Central Region Homeland Security Advisory Council.

Attachments

Order adopted gratitude and Referred to Public Safety Committee for informational purposes only

 
 

8.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

8.17

PUBLIC SAFETY DEPARTMENTS
Police Department
 

8.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

8.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
A.

Transmitting Informational Communication Relative to a Report Concerning the Demolition Project at the Former Saint Vincent's Site on Winthrop Street.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to Implementation of the S.A.V.E. Our Neighborhoods Plan.

Attachments

Referred to Economic Development Committee

 
 

8.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

8.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

8.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

8.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

8.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Recommend Adoption of a Resolution to File and Accept a Massachusetts Department of Public Health Bureau of Substance Abuse Services Award.

Attachments

Resolution adopted and Referred to Public Health and Human Services Committee for informational purposes only

 
 

8.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Respectfully Request that City Council Accept a Settlement from the MA Attorney General on Behalf of the Worcester Public Library.

Attachments

Order adopted

 
 

8.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.27

PUBLIC SCHOOL DEPARTMENT
 

8.28

LAW DEPARTMENT
Legal Division
 

8.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Regarding the Proposed Fiscal Year 2008 Snow Removal Deficit.

Attachments

Referred to Public Works Committee

 
 

8.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C780, Capital Equipment, and be appropriated to DPW Account # 41C703, Capital Equipment to allow for the purchase and future payment of capital equipment.

Attachments

Order adopted on a roll call vote of 7 Yeas and 0 Nays (Palmieri, Petty, Rushton, Toomey absent)

 
B.

Recommend that Sixteen Thousand Five Hundred Dollars And No Cents ($16,500.00) be transferred from Loan Account # 91C784, Parks Improvements, and be appropriated to Parks Account # 72C702, Parks Site Improvements for Lake Park Improvements.

Attachments

Order adopted on a roll call vote of 7 Yeas and 0 Nays (Palmieri, Petty, Rushton, Toomey absent)

 
 

8.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Account #330-23, Major Taylor Blvd. Reserves and be appropriated to Account #46S523, Major Taylor Blvd. Ordinary Maintenance. Further, Recommend One Hundred Eighty Nine Thousand Nine Hundred Forty Eight Dollars and No Cents ($189,948.00) be transferred from Account #330-01, Pearl Elm Reserves and be appropriated to Account #46S512, Union Station Garage, to provide sufficient funding for the Major Taylor Boulevard and Union Station Garages for the Third and Fourth Quarters of Fiscal Year 2008.

Attachments

Order adopted on a roll call vote of 7 Yeas and 0 Nays (Palmieri, Petty, Rushton, Toomey absent)

 
 

8.36

FINANCE ITEMS
Prior Year
 

8.37

FINANCE
Loan Orders
 

8.38

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the WRTA Fiscal Year 2009 Budget.

Attachments

Referred to Public Service and Transportation Committee

 
B.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City's Cable Franchise License.

Attachments

Mayor Lukes suspended the rules to allow the following speakers: Mauro Depasquale, Executive Director of WCCA TV 13 Father Bafaro Placed on file and Referred to Public Service and Transportation Committee for informational purposes only

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Yesterday's Appellate Tax Board Order regarding the "Telecom Loophole".

Attachments

Referred to Municipal Operations Committee

 
9.

TABLED UNDER PRIVILEGE

9a.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager investigate the feasibility of a system for multi-family property registration and inspection similar to the program in force and effect in Baltimore, MD. (Tabled - Lukes February 26, 2008)

Attachments

Tabled on a roll call vote of 5 Yeas and 1 Nay (Yeas - Clancy, Eddy, Rosen, Smith, Lukes) (Nay - Germain) (Haller, Palmieri, Petty, Rushton, Toomey absent)

 

9b.

Communication of Roberta A. Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting communication relative to Where have all the Bidders Gone?: The Impact of "Responsibility" on Public Construction. (Tabled - Rushton February 26, 2008)

Attachments

Mayor Lukes suspended the rules to allow Dr. Roberta Schaefer, President & CEO of WRRB and Ron Cogliano, representative of Merit Construction Alliance, to speak. Referred to Municipal Operations - Approved; Motion Rushton: Request reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Petty absent); Motion Rushton - Request to hold as First Item on Business March 11, 2008 - Approved

 

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.

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

 

10c.

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

Attachments

No action taken

 

10d.

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

 

10e.

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

 

10f.

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

 

11.

SUSPENSION OF RULES

11a.

Motion Clancy @ #8.13A CM - Request City Manager provide City Council with the breakdown of costs for the remainder of improvements needed to bring the Levi Lincoln Chamber to public meeting room standards as well as the anteroom.

Motion Lukes to amend: Further, request City Manager report to City Council the status of the restoration of the rostrum.

Attachments

Order adopted

 

11b.

Motion Lukes @ #8.30A CM - Request City Manager provide City Council with a report that indicates what measures are in place to supervise and prevent overpayments to independent contractors who are plowing streets that have already been plowed.

Attachments

Order adopted

 

11c.

Motion Haller @ #8.24A CM - Request City Manager provide City Council with a report concerning anticipated uses of award funds for the purpose of substance abuse prevention in particular the use of narcon to prevent overdoses.

Attachments

Order adopted

 

11d.

Motion Haller @ #8.24A CM - Request City Manager provide City Council with previously requested report concerning annual drug overdoses.

Attachments

Order adopted

 

11e.

Motion Lukes @ #8.38A CM - Request City Manager request WRTA provide City Council with a report concerning the bus route changes and the reasons for those changes. Further, request the report include the condition of collection devises and if any internal audit have been conducted of cash receipts.

Attachments

Order adopted

 

11f.

Motion Rosen - Suspension of Rules - Request City Manager provide City Council with a report concerning the sidewalk in the northwest corner of Harrington Corner for the reason it is slick when it is wet and possible solutions.

Attachments

Order adopted

 

11g.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report concerning additional options to the Adult Entertainment Zoning Ordinance to include: a) additional buffer, i.e. residential land use, to the recently proposed changes; b) increased buffer distance in the recently proposed changes, i.e. 750', 800', 1000'; c) change to allowed land use designation(s) other than BG-6.0. Further, request this report be provided prior to the March 26th Public Safety Committee hearing on the recently proposed Zoning Ordinances relative to the City's Adult Entertainment Zoning Ordinance.

Attachments

Order adopted

 

11h.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a progress report on the city's “ Three Year Plan to End Homelessness in Worcester” from November 2007 and specifically Goal 4 to improve oversight and accountability of the Housing and Service System by the City of Worcester and Goal 5 to ensure that programs are sited responsibly. (Haller)

Attachments

Order adopted

 

11i.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report on the number of pedestrians injured while in crosswalks, by year, for the past several years and progress, if any, on improving public safety in this regard.

Attachments

Order adopted

 

11j.

Motion Clancy - Suspension of Rules - Request City Manager provide City Council with a report concerning the capital improvement plan for the Granite St. sewers as to the timeline for sewer construction and route for the sewers in Granite St.

Attachments

Order adopted