CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 14, 2009

Esther Howland Chamber

Convened: 4:05 P.M.

Adjourned: 6:14 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 Councilors Germain, Haller and Rushton. Councilor Haller arrived @ 4:11 P.M. and Councilor Rushton arrived @ 5:30 P.M.

4.

HEARING & ORDER

4a.

MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: HILLCROFT AVE.

Granting permission to MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: HILLCROFT AVE.

Attachments

Hearing Held/Order Adopted

 

5.

FIRST ITEM OF BUSINESS

5a.

Order of Councilor Philip P. Palmieri, Councilor Joseph M. Petty, Councilor Paul P. Clancy, Jr. and Councilor Michael J. Germain - Request City Manager prepare a home rule petition that would allow City of Worcester retirees to form an Association for the purpose of negotiating on health insurance issues. (Tabled Under Privilege- Lukes)

Attachments

Taken off the Table on a roll call vote of 8 Yeas and 0 Nays (Germain, Haller, Rushton absent) Motion Lukes to amend: Further, request the City Manager request the City Solicitor to provide a legal opinion and ramifications if implemented. - Accepted Order adopted as amended

 

6.

SECOND ITEM OF BUSINESS

6a.

Monthly Economic Development Initiatives Status Report - April 2009

 

6b.

Monthly Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

At the request of the City Administration these reports will be submitted on a quarterly basis (see item #14b CC); therefore no action will be taken on these items.

 

7.

ITEMS OF CITIZEN INTEREST

7a.

The Mayor read a Proclamation and declared Thursday, April 23rd as National Take Our Daughters to Work Program. Councilor Toomey presented the proclamation to Anne McCarthy a representative of Girls, Inc.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Charlotte Connor request to place a granite marker, privately funded, at the corner of Dix and Lancaster St. in memory of Joseph and Rita Soucy who were killed at this site on November 4, 1967.

Attachments

Referred to Public Works Committee

 

9b.

Derek & Kelly Ann Wharton request abatement of street betterment assessment #24615 in the amount of $3795.28 on Paris Ave.

Attachments

Referred to Public Works Committee

 

9c.

Hossein Haghanizadeh, PE of HS & T Group, Inc. request to abandon sewer location behind 137 Whipple St.

Attachments

Referred to Public Works Committee

 

9d.

Marlene Kelley request repair of sidewalk in front of 9 Woodman Road damaged by Bradco delivery truck on Friday, March 27, 2009.

Attachments

Referred to Public Works Committee

 

9e.

Councilor Barbara G. Haller request that a "Crosswalk Ahead" or similar sign be installed in Endicott Street in the approach to the intersection of Millbury Street in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Rita Dryden et al request handicap parking space at 7 East Kendall St.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Michael Desrosiers request that at least one (1) 18 hole Disc Golf Course be created in one of the many beautiful parks within the City.

Attachments

Referred to Youth, Parks and Recreation Committee

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.4

DEPARTMENT OF HUMAN RESOURCES
 

10.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Regarding Worcester's Selection as the 9th Most Livable City in America by Forbes.com.

Attachments

Referred to Economic Development Committee

 
B.

Request consideration and adoption of "Quinsigamond Village--An Integrated Program for Economic Revitalization," a plan developed for the Greenwood Street Landfill Taskforce.

Attachments

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

 
C.

SUPPLEMENTAL: Request Certain City Council Actions in Regard to the CitySquare Downtown Development Project.

Attachments

Advertise proposed Ordinance on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Mayor Lukes moved to suspend the rules to allow reconsideration for advertising the Ordinance and adoption of the Resolution on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Germain absent) Order adopted requesting the City Council Standing Committee on Economic Development hold a public hearing on DIF Amendment #3 on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Referred to Economic Development Committee for public hearing

 
 

10.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

10.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

10.8

OFFICE OF ECONOMIC DEVELOPMENT
Workforce Development Operations Division
 

10.9

OFFICE OF ECONOMIC DEVELOPMENT
Central Massachusetts Regional Employment Board
 

10.10

OFFICE OF ECONOMIC DEVELOPMENT
Youth Opportunities Division
 

10.11

OFFICE OF ECONOMIC DEVELOPMENT
Worcester Regional Airport Commission Division
 

10.12

OFFICE OF ECONOMIC DEVELOPMENT
Cable Services Division
 

10.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Transmitting Informational Communication Relative to Belmont Street Force Main Rehabilitation Project

Attachments

Referred to Public Works Committee

 
 

10.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Tranmitting Informational Communication Relative to a National Environmental Achievement Special Recognition Award

Attachments

Placed on file

 
B.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Recommended FY 2010 Water and Sewer Rates

Attachments

Referred to Public Works Committee

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

10.16

FIRE DEPARTMENT
 

10.17

POLICE DEPARTMENT
A.

Request City Council Adoption of a Resolution to File and Accept an Edward Byrne Memorial Competitive Grant

Attachments

Resolution Adopted Councilor Haller moved to rescind the adoption of the Resolution and request that the item be referred to Public Safety Committee for a hearing - Approved Referred to Public Safety Committee While under Suspension of Rules Councilor Haller moved to rescind the referral and requested the Resolution be adopted and request the item be referred to Public Safety Committee for informational purposes and she committed to holding the required public hearing - Approved Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Germain absent) and Referred to Public Safety Committee for informational purposes only and to conduct a public hearing relative to this Grant.

 
 

10.18

DEPARTMENT OF COMMUNICATIONS
 

10.19

LICENSE COMMISSION
 

10.20

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

10.21

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

10.22

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

10.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

10.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

10.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

10.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

10.27

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

10.28

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Request to File and Accept a Mass in Motion Grant from the Massachusetts Department of Public Health

Attachments

Resolution adopted

 
 

10.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

10.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

10.31

PUBLIC SCHOOL DEPARTMENT
 

10.32

LAW DEPARTMENT
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to a Court Case Regarding Residential Property at 103 Holden Street

Attachments

Placed on file

 
 

10.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

10.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

10.35

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.36

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
A.

Transmitting Informational Communication Relative to the City of Worcester's Receipt of the 2009 E-Government Award.

Attachments

Referred to Public Service and Transportation Committee

 
 

10.37

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Recommend City Council's Review, Consideration and Adoption of an Order for the Transfer of Jurisdiction of Land at 12/14 Guilford Street and 106 Brigham Road.

Attachments

Referred to Economic Development Committee

 
 

10.38

FINANCE ITEMS
Capital Transfers
A.

Recommend that Thirteen Thousand Eight Hundred Eight Dollars And No Cents ($13,808.00) be transferred from Loan Account #91C774, DCU Capital Equipment, and be appropriated, when and as received, to DCU Account #75C701, DCU Capital Equipment, for the purchase of a copier.

Attachments

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

 
B.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to Account #41C797, Sidewalks, to allow for the payment of current and future obligations.

Attachments

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

 
C.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Attachments

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

 
D.

Recommend that Seventeen Thousand Two Hundred Twenty Nine Dollars And No Cents ($17,229.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of capital equipment.

Attachments

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

 
E.

Recommend that Thirty Four Thousand Nine Hundred Thirty Three Dollars And No Cents ($34,933.00) be transferred from Loan Account #91C731, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of equipment.

Attachments

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

 
F.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C744, Off Street Parking Building Rehabilitation, and be appropriated to DPW Account #46C702, Capital Outlay, to allow for payment of current and anticipated obligations.

Attachments

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

 
 

10.39

FINANCE ITEMS
Operational Transfers
A.

Recommend that Eleven Thousand One Hundred Twenty Five Dollars And No Cents ($11,125.00) be transferred from Account #340-91000, Elder Affairs Personal Services, and be appropriated to Account #340-92000, Elder Affairs Ordinary Maintenance Personal Services, to fund unforeseen ordinary maintenance expenses associated with snow removal, utilities and maintenance at the Worcester Senior Center.

Attachments

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

 
B.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Account #4104-92000, DPW Sanitation Ordinary Maintenance, and be appropriated to Account #3320-92000, Veterans Services Ordinary Maintenance, to provide additional funding for Veterans' Benefits for the remainder of Fiscal Year 2009.

Attachments

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

 
C.

Recommend that One Hundred Eighty Thousand Dollars And No Cents ($180,000.00) be transferred from various accounts, and be appropriated to Account #174-96300, Public Safety IOD, to fund unforeseen medical claims for the remainder of Fiscal Year 2009.

Attachments

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

 
 

10.40

FINANCE ITEMS
Prior Year
 

10.41

FINANCE
Loan Orders
 

10.42

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to a Neighborhood Clean-Up in the Vernon Hill Neighborhood.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Fiscal Year 2010 Impact Statements for Department of Emergency Communications, Department of Inspectional Services, and Law Department.

Attachments

Referred to Finance Committee

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Cleanup of Ice Storm Debris

Attachments

Placed on file

 
11.

REPORT OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Frederick C. Rushton on behalf of Neil Davis request to make public Stark Rd.

Attachments

Referred to Public Works Committee

 

12.

TABLED UNDER PRIVILEGE

12a.

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Attachments

Tabled - Eddy

 

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

 

13j.

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

No action taken

 

14.

SUSPENSION OF RULES

14a.

Motion Toomey @ #5a CC - Request City Manager provide the breakdown of the differences between the proposal to file legislation to form an Association for the purpose of negotiating on health insurance issues and MGL Chapter 32B Section 19.

Attachments

Order adopted

 

14b.

Motion Clancy @ #6a & 6b CC - That the City Council of the City of Worcester hereby allows the City Administration to submit to City Council on a quarterly basis the monthly Economic Development Initiatives Status Report and the Small Business Retention and Recruitment Efforts Report.

Attachments

Order adopted

 

14c.

Motion Clancy @ #10.5A CM - Request City Manager publicize the information concerning Forbes Magazine naming Worcester the 9th most livable city on the city web sites and at all city departments as well as notifying businesses and College Institutions with in the city and request they use this in marketing materials and web sites.

Motion Councilor Toomey: Request this be referred to Education Committee

Mayor Lukes stated any referral should be to Economic Development Committee

Attachments

Order adopted and referred to City Manager

 

14d.

Motion Haller @ 10.5B CM - Request City Manager prepare and present to City Council a presentation relative to the “Quinsigamond Village - An Integrated Program for Economic Development” during a City Council regular meeting.

Attachments

Order adopted

 

14e.

Motion Smith @ #10.32A CM - Request City Manager provide City Council with updates concerning all issues involving the 103 Holden Street property.

Attachments

Order adopted