CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 7, 2008

Council Chamber

Convened: 7:08 P.M.

Adjourned: 10:03 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.

FIRST ITEM OF BUSINESS - RECESSED HEARING & ORDER

4a.

Hearing: NSTAR requesting permission for a gas main location in WHISPER DR.

Granting permission to NSTAR for a gas main location in WHISPER DR.

Attachments

Hearing Reconvened and Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor Lukes recognized Boy Scout Troop 37, Christ the King Church, Andrei Shyllo and Tyler McLaughlin present for the citizenship badge.

 

5b.

The Mayor read a Proclamation proclaiming October 18, 2008 as Community Immunity Day. A representative from WalMart, John Sour, was present to support Community Immunity Day and accepted this proclamation presented to him by Councilor Rosen.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Councilor Gary Rosen on behalf of Bill Galeckas request that Gingerbread Trail be added to the listing of streets to be snowplowed by the City of Worcester.

Attachments

Referred to Department of Public Works & Parks

 

7b.

Theresa Bafaro request abatement of street betterment assessment #24759 in the amount of $8,080.60 for Balis Ave.

Attachments

Referred to Public Works Committee

 

7c.

Theresa Bafaro request abatement of street assessment #24758 in the amount of $4,140.40 for Balis Ave.

Attachments

Referred to Public Works Committee

 

7d.

Beverly Bennett request sidewalk repair in front of 30-32 Florence St.

Attachments

Referred to Public Works Committee

 

7e.

James Sanford et al request private street maintenance for Heroult Rd.

Attachments

Referred to Public Works Committee

 

7f.

Councilor Kathleen M. Toomey request sidewalk repair at 134 Elm St.

Attachments

Referred to Public Works Committee

 

7g.

Donna Barsamian request sidewalk repair at 48 Jaques Ave.

Attachments

Referred to Public Works Committee

 

7h.

Denise Febles request removal of the resident permit parking on Vale St.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Councilor Joffrey Smith request that four-way stop signs be installed at the intersection of Amherst St., Vassar St. and Intervale Rd.

Attachments

Referred to Traffic and Parking Committee

 

7j.

MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for pole locations in: BRATTLE STREET

Attachments

Read & Hearing Set for October 14, 2008 at 7:00 P.M.

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to a Constable Appointment for the Calendar Year January through December 2008.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.4

DEPARTMENT OF HUMAN RESOURCES
 

8.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

8.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

8.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
A.

Transmitting Informational Communication Relative to the Notification of Abutters of Private Streets Proposed for Removal from the City's Official Map.

Attachments

Taken up with item #10d CC and Placed on file

 
 

8.8

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development Operations Division
 

8.9

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Investment Board Division
 

8.10

EXECUTIVE OFFICE OF THE CITY MANAGER
Youth Opportunities Division
 

8.11

EXECUTIVE OFFICE OF THE CITY MANAGER
Worcester Regional Airport Commission Division
 

8.12

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
A.

Transmitting Informational Communication Relative to the Transition from Analog TV to Digital TV.

Attachments

Referred to Public Service and Transportation Committee

 
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Road Conditions of Whisper Drive.

Attachments

Taken up with item #4a CC and Placed on file

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.16

FIRE DEPARTMENT
A.

Recommend City Council's Adoption of a Resolution to File and Accept a Massachusetts Executive Office of Public Safety and Security, Department of Fire Services, FY 2009 Firefighting Equipment Grant Application.

Attachments

Resolution adopted

 
B.

Recommend City Council's Adoption of a Resolution to File and Accept a Massachusetts Executive Office of Public Safety and Security, Department of Fire Services FY09 Student Awareness of Fire Education (SAFE) Grant application.

Attachments

Resolution adopted

 
C.

Recommend City Council's Adoption of a Resolution to Accept with Gratitude a Donation of Travel, Accomodations, and Related Expenses to Enable Chief Gerard Dio to Attend the International Association of Fire Chiefs Mission to Israel.

Attachments

Resolution adopted with gratitude

 
 

8.17

POLICE DEPARTMENT
A.

Recommend City Council's Adoption of a Resolution to File and Accept a Massachusetts Executive Office of Public Safety and Security FY 2009 Community Policing Grant.

Attachments

Resolution adopted

 
 

8.18

DEPARTMENT OF COMMUNICATIONS
 

8.19

LICENSE COMMISSION
 

8.20

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.21

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.22

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
A.

Transmitting Informational Communication Relative to Technology Upgrades for the Property Review Team and Housing Inspectors.

Attachments

Referred to Public Safety Committee

 
 

8.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

8.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

8.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

8.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

8.27

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

8.28

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Refreshments and Supplies from Wal-Mart to the Department of Health and Human Services, Public Health Division, in Support of Community Immunity Day 2008.

Attachments

Resolution adopted with gratitude - see #5b

 
B.

Transmitting Informational Communication Relative to Community Immunity Day - 2008.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

8.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.31

PUBLIC SCHOOL DEPARTMENT
 

8.32

LAW DEPARTMENT
A.

Recommend Adoption of an Ordinance to Authorize the Acceptance of a Gift of Funds to Assist with the Salary of the Cultural Development Officer.

Attachments

Taken up with item #11i CC and Placed on file

 
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the Total Assessed Valuation of each College, University, Medical and Museum Institution Campus within the City of Worcester.

Attachments

Referred to Municipal Operations Committee

 
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.35

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.36

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.37

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Transmitting Informational Communication Relative to the September 17, 2008 Tax Foreclosure Auction.

Attachments

Placed on file

 
 

8.38

FINANCE ITEMS
Capital Transfers
A.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C737, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Attachments

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

 
B.

Recommend that Seventeen Thousand Five Hundred Dollars And No Cents ($17,500.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to DPW Account #41C703, DPW Capital Equipment, to allow for the purchase of various Central Garage equipment.

Attachments

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

 
C.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping, to allow for the payment of current and anticipated obligations for the Sewer Pumping Station Capital Program.

Attachments

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

 
D.

Recommend that Three Hundred Thirty Five Thousand Dollars And No Cents ($335,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C709, Rockwood Field, to process invoices for construction work completed to date.

Attachments

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

 
E.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C744, Citywide Building Rehabilitation, and be appropriated to DPW Account #46C704, Federal Plaza Garage Rehabilitation, to allow for payment of current and anticipated obligations.

Attachments

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

 
F.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext. Pavement), to allow for the payment of current and future obligations.

Attachments

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

 
G.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Conversion/Betterments, to provide funds for the payment of current and future expenditures.

Attachments

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

 
H.

Recommend that Seven Hundred Forty Thousand Dollars And No Cents ($740,000.00) be transferred from Loan Account #91C709, Worcester Common Rehabilitation, and be appropriated to Account #72C706, Worcester Common Rehabilitation, to allow for payment of current and anticipated obligations.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Toomey) (Nay - Lukes)

 
I.

Recommend that One Hundred Twenty Five Thousand Two Hundred Twenty Dollars And No Cents ($125,220.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C702, Parks Improvements, for the Burncoat Park Project.

Attachments

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

 
 

8.39

FINANCE ITEMS
Operational Transfers
A.

Recommend that Thirteen Thousand One Hundred Thirty Nine Dollars And No Cents ($13,139.00) be transferred from Account #330-07, Damage Settlements, and be appropriated to DPW Account #4103-92000, Street Repairs Ordinary Maintenance, to allow for the payment associated with street repairs in the Main Street, Thomas Street and School Street area.

Attachments

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

 
B.

Recommend that Two Hundred Two Thousand Dollars and No Cents ($202,000.00) be Transferred from Account #330-08, Reserve for Appropriation Premium on Loans, to Account #660-92000 Treasurers Office Ordinary Maintenance, to Fund Costs Associated with a Recent Bond Issuance.

Attachments

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

 
 

8.40

FINANCE ITEMS
Prior Year
A.

Recommend that Seven Thousand Eight Hundred Fifty Six Dollars And Eighty Five Cents ($7,856.85) be authorized from the Fiscal Year 2009 Election Commission Ordinary Maintenance Account #150-92000, to provide funding for payment of a prior year invoice

Attachments

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

 
B.

Recommend that Two Hundred Ninety Four Dollars And No Cents ($294.00) be authorized from the Fiscal Year 2009 Inspectional Services Ordinary Maintenance Account #280-92000, to provide funding for payment of a prior year invoice.

Attachments

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

 
 

8.41

FINANCE
Loan Orders
 

8.42

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Recommend City Council's Adoption of a Resolution to Enter and Accept a Sweepstakes Award of an Athletic Field Lighting System from the Friday Night Lights 2008 Sweepstakes.

Attachments

Mayor Lukes - Request to suspend the rules to allow a citizen to speak - Approved. Mayor Lukes recognized John St. Laurent, President of the Worcester Cowboys Youth Football League who addressed to City Council concerning this item Resolution adopted

 
B.

Request City Council's Review, Consideration and Approval of a Plan to Pursue the Long-term Leasing of Public Assets

Attachments

Referred to Finance Committee - see Resolution item #12e CC

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Contract Employees Versus City Employees

Attachments

Taken up with item #10b CC and Placed on file

 
9.

COMMUNICATION

9a.

Mayor Konstantina B. Lukes requests the City Council of the City of Worcester accept with gratitude the gift of services from William MacMillan, Conservator and Linda Woodland, Assistant Conservator of the Higgins Armory Museum and the cleaning of the Armor in City Hall.

Attachments

Order adopted with gratitude

 

10.

TABLED UNDER PRIVILEGE

10a.

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

Motion Clancy - Request to Table - Approved Tabled

 

10b.

Communication of City Manager transmitting communication relative to Foreclosure in the City of Worcester and Requesting Adoption of an Order to Change the Table of Organization for the Division of Neighborhoods and Housing Development.
(Tabled - Palmieri October 1, 2008)

Attachments

Motion Lukes - Request to Take item off the Table - Approved Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, Rushton absent) - Reconsideration on a roll call vote of 0 Yeas and 9 Nays (Germain, Rushton absent)

 

10c.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of David J. Rushford, City Clerk transmitting communication relative to the annual report to City Council concerning revenues collected by the staff of the City Clerk Department during the preceding fiscal year: recommend adoption of the accompanying order requesting the City Manager recommend to the City Council the establishment of a Marriage Counseling Donations Account and corresponding data acknowledging the donation revenues collected to date. (Tabled - Lukes October 1, 2008)

Attachments

Motion Lukes - Request to take item off the Table - Approved Referred to City Manager

 

10d.

REPORT OF THE PLANNING BOARD Upon the Petition of Michael Smith request Harriet St., a paper road that runs off Beverly Rd., be removed from the Official Map. (Tabled - Clancy October 1, 2008)

Attachments

Motion Clancy - Request to take item off the Table - Approved Taken off the Table & Accepted

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

 

11c.

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

Attachments

No action taken

 

11d.

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

 

11e.

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

 

11f.

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

 

11g.

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

 

11h.

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

 

11i.

Ordinance - Recommend City Council Adopt an Ordinance to Allow the Cultural Development Officer to Receive a Stipend in Fiscal Year 2009 from the Worcester Cultural Coalition. (Tabled Under Privilege - Lukes August 12, 2008)

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

12.

SUSPENSION OF RULES

12a.

Motion Haller @ #8.22A CM - Request City Manager forward a copy of City Manager's item #8.22A of Oct 7, 2008 to neighborhood and business associations across the city.

Attachments

Order adopted

 

12b.

Motion Rosen @ #8.22A CM - Request City Manager report concerning the current situation and assistance for tenants losing their homes due to landlord foreclosures.

Attachments

Order adopted

 

12c.

Motion Rushton @ #8.22A CM - Request City Manager provide City Council with a report concerning the utilization of Videofied Technologies by the Property Review Team as a means of fighting property foreclosures and vacant and/or boarded up properties. Further, request the report to include information relative to possible implementation of an ordinance that couples the use of technology and enforcement when dealing with problem properties.

Attachments

Order adopted

 

12d.

Motion Haller @ #8.33A CM - Request City Manager resuscitated the report relative to the Mayor's Task Force on Siting Social Services which contains various ways nonprofits could participate in a voluntary pilot program and provide City Council with a copy of this report so that this document may be used this as a reference for engaging non-profits for dollars.

Attachments

Order adopted

 

12e.

RESOLUTION @ #8.42B CM - That the City Council of the City of Worcester hereby supports and endorses the City Manager's recommendation to seek long term leases for privatizing public assets; and that the City Manager proceed to secure the required specialized consultant services to guide the city through the process of long term leases per the plan as outlined in his communication item #42B of October 7, 2008; and that the City Manager bring the researched list for privatization back to City Council once complete for full vetting; and that the balance of the processes proceed as defined with the necessary approval of the Council required throughout. (Petty)

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, Rushton absent)

 

12f.

PETITION - Councilor Gary Rosen request sidewalk repair in front of 772 Pleasant St.

Attachments

Referred to Public Works Committee

 

12g.

PETITION - Mayor Konstantina B. Lukes on behalf of Louise Gallagher request the placement of a bus stop at 485 Grove St., Colony Apartments.

Attachments

Referred to Traffic and Parking Committee