CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 27, 2009

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 8:33 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 Mayor in the Chair

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Attorney Christopher Flood on behalf of Bruce & Mary Day request to install sewers for the residents of Porto Rico St.

Attachments

Referred to Planning Board

 

6b.

Joan Hoogasian request stop sign at the corner of Courtland St. and Deerfield St.

Attachments

Referred to Traffic and Parking Committee

 

6c.

Councilor Joffrey A. Smith on behalf of the Montvale Crime Watch Group request to install a stop sign at Whitman St. and Monadnock Rd.

Attachments

Referred to Traffic and Parking Committee

 

6d.

Daniel Lebron request handicap parking be removed from in front of 11 Rodney St.

Attachments

Referred to Traffic and Parking Committee

 

6e.

MASSACHUSETTS ELECTRIC COMPANY for conduit location: WEST BOYLSTON ST. & MILLBROOK ST.

Attachments

Read & Hearing set for February 3, 2009 at 7:00 P.M.

 

6f.

Ronal Madnick, Director of the Worcester County Chapter for ALCU of Massachusetts, request City Council request City Manager to report on any policy, memorandum, or rule concerning the regulation or restriction of photography in any public place in the City of Worcester, including pools, ponds, lakes, beaches and any other bodies of water under the control of the City's Parks Department.

Attachments

Mayor Lukes moved to suspend the rules to allow the Petitioner to speak - Approved - Petitioner addressed City Council. Referred to City Manager

 

7.

COMMUNICATIONS OF THE CITY AUDITOR

7a.

Transmitting December 2008 Auditor's Report.

Attachments

Referred to Finance Committee

 

7b.

Transmitting update of the estimated fiscal 2010 Retirement Assessment.

Attachments

Councilor Petty intentionally rose and left the Chamber during the discussion of this Item. Referred to Municipal Operations Committee

 

8.

CHAIRMAN'S ORDERS

8a.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - That the Goals of the Standing Committee on Public Health and Human Services are: 1) Public Health Division: To discourage the disposal of sharps, needles, and syringes in the municipal trash stream, on the ground or in other locations, by making available to Worcester residents and visitors alike, safe, convenient, and non-risky disposal methods of these items; 2) Public Health Division: To expand strategies, partnerships and educational efforts in an effort to reduce the use of tobacco use by Worcester youth and adults; 3) Human Rights Division/Advisory Committee on the Status of Women: To increase representation and participation of women and minorities serving on boards and commissions; 4) Homeless Assistance Division: To develop and implement a technology and communication network design to comprehensively monitor progress and identify needs within the social services matrix of providers to the homeless community, and 5) Division of Neighborhood and Economic Development: Monitor the Neighborhood Revitalization Strategy Area (NRSA) with a goal within the NRSA to increase the number of storefront improvement projects by an additional 15 by the end of 2009. And further, that the Committee, having considered these goals, hereby reports progress as follows: 1) Excellent progress made towards meeting goal, 2) Progress made towards meeting goal, 3) Progress made towards meeting goal, 4) Excellent progress made towards meeting goal, and 5) Progress made towards meeting goal.

Attachments

Order adopted

 

8b.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to the City Council concerning the costs incurred to date implementing Operation Yellow Box.

Attachments

Order adopted

 

8c.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Commissioner of Public Health to report mid-year progress concerning the work of the Worcester Regional Tobacco Control Collaborative.

Attachments

Order adopted

 

8d.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide the City Council with a report detailing the number of women and minorities serving on boards and commissions as of January 1, 2008 and on January 1, 2009.

Attachments

Order adopted

 

8e.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to the City Council concerning the hiring of an individual to the position of Director of Homeless Assistance.

Attachments

Order adopted

 

8f.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide the City Council with a report detailing the number of storefronts completed as part of the Neighborhood Revitalization Strategy Area program as of January 1, 2008 and as of January 1, 2009.

Attachments

Order adopted

 

9.

ORDERS

9a.

Request City Manager request the Commissioner of Public Works & Parks to investigate identifying parking meter times by color code or signage. (Toomey)

Attachments

Order adopted

 

9b.

Request City Manager provide a report concerning the number of injuries that have occurred to pedestrians crossing Belmont St. adjacent to UMass Memorial Hospital. Further, request City Manager request the Police Chief provide enforcement of crosswalk regulations in Belmont St. to allow pedestrians to cross safely. (Palmieri)

Attachments

Motion Rushton to amend: Further, request City Manager initiate a traffic study for the area of Belmont St. Order adopted as amended

 

9c.

Request City Manager investigate possible solutions to plowing handicap parking spaces located on public streets. (Toomey)

Attachments

Order adopted

 

9d.

Request City Manager inform City Council regarding efforts if any to communicate with the Commonwealth regarding affordable office space for state agencies which are facing budget issues and whose leases are up or soon to be up. (Toomey)

Attachments

Order adopted

 

9e.

Request City Manager provide a report on the revenue to date for the Union Station Garage, further request a report on the efforts to market the garage not only for day to day commuters but also for special events. (Toomey)

Attachments

Motion Lukes to amend: Further, request City Manager to look into improving the signage in the Union Station Parking Garage - Approved Order adopted as amended

 

10.

RECESS TO FINANCE COMMITTEE

10a.

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

Attachments

No action taken

 

10b.

#14a CC November 25, 2008
Communication of the City Auditor transmitting the October 2008 Auditor's Report.

Attachments

No action taken

 

10c.

#8.42B CM December 16, 2008
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

Attachments

No action taken

 

10d.

#7a CC December 23, 2008
Communication of the City Auditor transmitting November 2008 Auditor's Report.

Attachments

No action taken

 

10e.

#7c CC December 23, 2008
Communication of the City Auditor transmitting City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.

Attachments

No action taken

 

10f.

#11b CC January 13, 2009
Communciation of the City Manager transmitting communication relative to the City's Response to a request for Infrastructure Projects.

Attachments

No action taken

 

10g.

#14b CC January 13, 2009
Communication of the City Manager transmitting communication regarding the City Budget.

Attachments

No action taken

 

11.

RESOLUTION

11a.

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.(Lukes)

Attachments

Motion Haller: Request to Table Under Privilege- Approved Tabled Under Privilege - Haller

 

12.

REPORT OF THE PLANNING BOARD

12a.

REPORT OF THE PLANNING BOARD Upon the Petition of Donald J.O'Neil, Attorney request to amend the Zoning Map by changing the zoning classification of the portion of the parcel located at 1 Summerhill Ave. from RG-5 to BL-1.0

Attachments

Referred to Economic Development Committee

 

13.

TABLED ITEMS

13a.

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

 

13b.

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

Attachments

No action Taken

 

13c.

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

 

13d.

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

 

13e.

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

 

13f.

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

 

13g.

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

 

13h.

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

 

13i.

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

 

14.

SUSPENSION OF RULES

14a.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting communication relative to a mid-year Local Aid reduction to cities & towns for FY 2009.

Attachments

Referred to Finance Committee

 

14b.

RESOLUTION - That the City Council of the City of Worcester hereby invites the Worcester legislative delegation to a meeting for the purpose of discussing the upcoming state budget cuts as a means to provide clarity in assisting the city in determining which avenues to take in planning for the next fiscal year. (Clancy)

Attachments

Resolution adopted

 

14c.

Motion Toomey - Suspension of Rules - Request City Manager address the issue of private individuals damaging city shade trees by posting signs and/or other appurtenances such as mailboxes or newspapers boxes. Further, request City Manager leverage an appropriate penalty for such violations.

Attachments

Order adopted

 

14d.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and thanks the staff of the Worcester Sharks and Spectacor Management for their hosting and their help in organizing the AHL Hockey All-Star Classic tournament event held in Worcester and Central Massachusetts over the weekend of January 24-25, 2009. (Germain)

Attachments

Resolution adopted on roll call vote of 11 Yeas & 0 Nays

 

14e.

Motion Germain - Suspension of Rules - Request City Manager provide an update to City Council concerning progress with the dependent audit.

Attachments

Order adopted

 

14f.

Motion Clancy - Request City Manager report to City Council on the feasiblity of providing the option of real estate tax bills on a monthly basis, rather than the quarterly basis.

Attachments

Order adopted

 

14g.

Motion Rushton - Request City Manager request the Commissioner of Public Works & Parks remove graffiti on the west side of Mayfield St. in the vicinity of the Big Y Supermarket.

Attachments

Order adopted

 

14h.

Motion Toomey - Request City Manager to report to City Council concerning the feasibility of offering on-line real estate tax billing and payments.

Attachments

Order adopted