CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 3, 2009

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 9:05 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 except Councilor Palmieri who arrived at 7:16 P.M.

4.

HEARING & ORDER

4a.

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

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

Attachments

Hearing Held/ Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Virginia Ryan et al request the City of Worcester change it's two-tier system of health insurance plans to four-tier plans.

Attachments

Motion Clancy: Request to be recused - Approved on a roll call vote of 9 Yeas and 0 Nays (Palmieri absent) Motion Rushton: Request to be recused - Approved on a roll call vote of 8 Yeas and 0 Nays (Clancy, Palmieri absent) Motion Lukes - Request to suspend the rules to allow a citizen to speak - Approved on a voice vote Mayor Lukes recognized Joseph Cosello, a Worcester resident, who addressed City Council on this item Referred to Municipal Operations Committee

 

7b.

Luigi Digioia request that the City accept sanitary main between 29-31A Belcourt Rd.

Attachments

Referred to Public Works Committee

 

7c.

Kristy DeLeon request abatement of Street Betterment Assessment #24664 in the amount of $8,419.00 on Chino Ave.

Attachments

Referred to Public Works Committee

 

7d.

Lillian Muniz requesting a handicap parking space at 30 Cohasset St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Don Trudell, Director of OFM for the Commonwealth of Massachusetts Department of Revenue request a pedestrian crossing light be installed at 67 Millbrook St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Timothy Daley request a crosswalk light be installed on Belmont St. adjacent to Memorial Hospital.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to Constable Appointments for the Calendar Year January through December 2009.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Sean Fowler and Lisa Labossiere to the Parks and Recreation Commission.

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
A.

Transmitting Informational Communication Relative to the City of Worcester's Health Insurance Dependent Audit Report.

Attachments

Referred to Municipal Operations Committee

 
 

8.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Request City Council Adoption of a Resolution to File and Accept $1,000,000 in Supplemental Funding through the U.S. Environmental Protection Agency's Brownfields Revolving Loan Fund Program.

Attachments

Resolution adopted

 
 

8.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
A.

Transmitting Informational Communication Relative to an Update on the Census 2010 Initiative.

Attachments

Referred to Municipal Operations Committee

 
 

8.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Workforce Development Operations Division
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Central Massachusetts Regional Employment Board
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Youth Opportunities Division
 

8.11

OFFICE OF ECONOMIC DEVELOPMENT
Worcester Regional Airport Commission Division
 

8.12

OFFICE OF ECONOMIC DEVELOPMENT
Cable Services Division
A.

Transmitting Informational Communication Relative to Charter Communication's Switched Digital Network Transition that is Scheduled to begin on February 11, 2009.

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.

Recommend City Council's Adoption of a Resolution to Accept a FY'09 Drinking Water Supply Protection Grant for up to Three Hundred Twelve Thousand Five Hundred Dollars ($312,500.00) from the Massachusetts Department of Environmental Protection.

Attachments

Resolution adopted

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.16

FIRE DEPARTMENT
 

8.17

POLICE DEPARTMENT
 

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 the use of Receivership to Stabilize Tenancy and Preserve Neighborhoods.

Attachments

Referred to Public Health and Human Services 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
A.

Recommend that City Council Accept with Gratitude, a Donation of One Hundred Dollars ($100.00) from the Melvin S. Cutler Charitable Foundation on Behalf of the William F. Lynch Company in Support of Programming at the Worcester Senior Center.

Attachments

Order adopted

 
B.

Recommend City Council's Adoption of a Resolution to File and Accept a Grant of up to Twenty Five Thousand Dollars ($25,000.00) from the Fallon/OrNda Community Health Fund.

Attachments

Resolution adopted

 
C.

Recommend Adoption of a Resolution to File and Accept a Grant in the Amount of Four Hundred and Fifty Dollars ($450.00) from the Worcester Cultural Commission.

Attachments

Resolution adopted

 
 

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
 

8.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend City Council's Adoption of a Resolution to File and Accept a Six Thousand Dollar ($6,000.00) Grant to the Worcester Public Library from Libraries of the Future, through Funds Provided by the Cox Charitable Trust and the Langeloth Foundation.

Attachments

Resolution adopted

 
 

8.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.31

PUBLIC SCHOOL DEPARTMENT
 

8.32

LAW DEPARTMENT
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City's Budget

Attachments

Referred to Finance Committee

 
 

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
 

8.38

FINANCE ITEMS
Capital Transfers
A.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) 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 One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C714, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Stations, to allow for the payment of current and future obligations.

Attachments

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

 
 

8.39

FINANCE ITEMS
Operational Transfers
 

8.40

FINANCE ITEMS
Prior Year
 

8.41

FINANCE
Loan Orders
 

8.42

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to Citizens Advisory Council Notice of Boards and Commissions Vacancies.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Mr. John Odell as Program Manager for Energy Efficiency and Conservation.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Regarding the City's Budget.

Attachments

Placed on file - See item #8.34A CM

 
9.

LOAN ORDERS TO BE ADOPTED

9a.

That the sum of One Million Dollars And No Cents ($1,000,000.00) be appropriated to Account #91C744, Offstreet Parking Building Rehabilitation, to fund improvements at Pearl Elm Garage.

Attachments

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

 

9b.

That the sum of Two Hundred Thousand Dollars And No Cents ($200,000.00) be appropriated to Account #91C744, Off Street Parking Building Rehabilitation, to fund improvements to Federal Plaza Garage.

Attachments

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

 

9c.

That the sum of Fifty Thousand Dollars And No Cents ($50,000.00) be appropriated to Account #91C744, Offstreet Parking Building Rehabilitation, to fund improvements to the Open Air Parking Lots.

Attachments

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

 

10.

TABLED UNDER PRIVILEGE

10a.

Resolution of Mayor Konstantina B. Lukes - 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.(Tabled - Haller January 27, 2009)

Attachments

Mayor Lukes moved to Table the Resolution - Approved on a voice vote

 

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.

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

Attachments

No action taken

 

11c.

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

 

11d.

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

 

11e.

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

 

11f.

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

 

11g.

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

 

11h.

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

 

11i.

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

 

12.

SUSPENSION OF RULES

12a.

Motion Smith @ #8.42A CM - Request City Manager provide City Council with a list of vacancies on boards and commissions identifying those that need to be filled by district and those that may filled regardless of district residency. (Smith)

Attachments

Order adopted

 

12b.

Motion Lukes @ #8.42A CM - Request City Manager provide City Council with an ethnic and racial breakdown of current composition of boards and commissions.

Attachments

Order adopted

 

12c.

Motion Germain @ #8.34A CM - Request City Manager lobby our legislative delegation to effect legislation that will impose the hotel motel tax on the dormitory rooms in the city of Worcester.

Motion Clancy to amend: Further, Request City Manager provide a report as to the legality of such legislation; whether it is legal to tax dormitory rooms.

Attachments

Order adopted as amended

 

12d.

Motion Rushton - Suspension of Rules - Request City Manager request Police Chief investigate after hour parties that are serving alcohol illegally.

Attachments

Order adopted

 

12e.

Motion Rushton - Suspension of Rules - Request City Manager reach out to Boston Power located in Westborough and the possible expansion into Worcester.

Attachments

Order adopted

 

12f.

Motion Clancy - Suspension of Rules - Request City Manager recommend a higher fine against private snow plow operators who push snow into the public streets and sidewalks.

Attachments

Order adopted