CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 2, 2010

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 9:03 P.M.


Mayor
Joseph C. O'Brien

 

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
Konstantina B. Lukes Philip P. Palmieri City Clerk
David J. Rushford
Joseph M. Petty 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 for Councilor Rushton who arrived at 7:11 P.M.

4.

ITEMS OF CITIZEN INTEREST

4a.

Mayor O'Brien read a Proclamation declaring the week of January 27th to be Community Action Anniversary month in Worcester on the occasion of their 45th anniversary. At the request of the Mayor, Councilor Haller presented the proclamation to Debra Penta, Chair of the Board of Directors for WCAC.

Attachments

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Stephen Campbell, President of Highland North Corporation, request to accept Christine Drive as a public street.

Attachments

Referred to Planning Board

 

6b.

Ramsay Barrett request to make Beverly Cove a public street.

Attachments

Referred to Planning Board

 

6c.

Councilor Paul P. Clancy, Jr. request Venus Drive be resurfaced.

Attachments

Referred to Public Works Committee

 

6d.

John & Rose Mooshian request new curbs and resurfacing of Hillcrest Ave., from the corner of Blair St. to the dead end.

Attachments

Referred to Public Works Committee

 

6e.

Stephen O'Neill request to remove residential permit parking on View St.

Attachments

Referred to Traffic and Parking Committee

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Constables for the Calendar Year January through December 2010.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Trinh Huynh to the Human Rights Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Vadim Michajlow and Kola Akindele and Reappointment of William Bilotta to the Zoning Board of Appeals.

Attachments

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

 
B.

Transmitting Information Communication Relative to the Appointment of James Berry to the Affirmative Action Advisory Committee.

Attachments

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

 
C.

Recommend City Council Approve the Appointment of Herbert Cremer, Mary Healey, and Deborah Malone to the Commission on Disabilities.

Attachments

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

 
 

7.3

DEPARTMENT OF HUMAN RESOURCES
 

7.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Entitled "Economic Development: 2009 Year in Review."

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Communication Relative to an Update on the Disposition and Development of the Former Worcester Technical High School Buildings at Wheaton Square.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Allocation of Recovery Zone Facility Bonds.

Attachments

Placed on file

 
 

7.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

7.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

7.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

7.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

7.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

7.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

7.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

7.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the Status of Negotiations with National Grid Relative to Acquisition of the City Street Light System.

Attachments

Referred to Public Service and Transportation Committee

 
B.

Request Approval to Appropriate Funding as Recommended by the Greenwood Street Landfill Re-Capping Fund per the Request of the Quinsigamond Village Improvement Advisory Committee.
Refer to CCM Item 7.35F

Attachments

Approved on a roll call vote of 11 Yeas and 0 Nays the recommended appropriations for the design costs related to the Quinsigamond Village Bike Spur and the construction of a splash pad in Greenwood Park. Referred to Youth, Parks and Recreation Committee for informational purposes only

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Communication Relative to Upper Blackstone Water Pollution Abatement District's Increase in Assessment for FY 2011.

Attachments

Referred to Public Works Committee

 
 

7.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to an Update on the Status of the Renovations to the Worcester Common.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Transmitting Informtional Communication Relative to the Crompton Park Pool Status Report.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

7.16

FIRE DEPARTMENT
 

7.17

POLICE DEPARTMENT
A.

Recommend City Council's Adoption of a Resolution to File and Accept a MetLife Foundation, Local Initiatives Support Corporation Award Application for Gang Prevention and Youth Safety Strategies.

Attachments

Resolution adopted

 
B.

Recommend City Council Adoption of a Resolution to File and Accept a FY 2010 Office of Violence Against Women, Community-Defined Solutions to Violence Against Women Program Grant Application.

Attachments

Resolution adopted

 
 

7.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

7.19

LICENSE COMMISSION
 

7.20

LAW DEPARTMENT
A.

Recommend Adoption of an Ordinance Amendment to Increase the Appointment Term of the City's Constables.

Attachments

Voted to advertise proposed Ordinance on roll call vote of 11 Yeas and 0 Nay

 
 

7.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

7.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

7.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

7.24

DIVISION OF PUBLIC HEALTH
A.

Transmitting Informational Communication Relative to Minimum Requirements for the Management of Medical or Biological Waste.

Attachments

Referred to Public Health and Human Services Committee

 
 

7.25

DIVISION OF ELDER AFFAIRS
 

7.26

WORCESTER PUBLIC LIBRARY
A.

Transmitting Informational Communication Relative to the Number of Members Seated on the Library Board.

Attachments

Placed on file

 
 

7.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

7.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.29

PUBLIC SCHOOL DEPARTMENT
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the Governor's Proposed Budget Recommendations for Fiscal Year 2011.

Attachments

Referred to Finance Committee

 
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Eighteen Thousand Dollars And No Cents ($118,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70201, Aquatic Facilities, to fund contractual obligations at the new Aquatic Facility at Crompton Park.

Attachments

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

 
B.

Recommend that Seven Thousand One Hundred Forty Seven Dollars And No Cents ($7,147.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to fund the review and evaluation of the Energy Conservation Measures.

Attachments

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

 
C.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains to allow for the payment of current and future obligations.

Attachments

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

 
D.

Recommend that Twenty One Thousand Seven Hundred Forty Four Dollars And No Cents ($21,744.00) be transferred from Loan Account # 91C711, Citywide Improvements, to Account # 14C717, City Hall Elevators.

Attachments

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

 
E.

Recommend that Eighteen Thousand Three Hundred Forty Five Dollars And Thirty Eight Cents ($18,345.38) be transferred from Account #91C711, Citywide Building Rehabilitation, to Account #26C706, Worcester Fire Department Building Rehabilitation.

Attachments

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

 
F.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to DPW Account #410-93000, Public Works Other Capital Outlays, to fund design costs associated with the Quinsigamond Village Bike Trail.
Refer to CCM Item 7.12B

Attachments

Mayor O'Brien moved to suspend the rules to take this item with #7.12B CM - Approved on a roll call vote of 11 Yeas and 0 Nays Order adopted on roll call vote of 11 Yeas and 0 Nays Reconsideration denied on roll call vote of 0 Yeas and 11 Nays Referred to Youth, Parks and Recreation Committee for informational purposes only

 
G.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to DPW Account 410-93000, Public Works Capital Outlays, to fund contractual obligations for the construction of an Aquatic Playground at Greenwood Park.

Attachments

Mayor O'Brien moved to suspend the rules to take this item with #7.12B CM - Approved on a roll call vote of 11 Yeas and 0 Nays Order adopted on roll call vote of 11 Yeas and 0 Nays Reconsideration denied on roll call vote of 0 Yeas and 11 Nays Referred to Youth, Parks and Recreation Committee for informational purposes only

 
 

7.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C711, City Wide Building Rehabilitation, and appropriated to DPW Account #41C707, Dam Safety Regulations to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

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

 
B.

Recommend that Thirty Thousand Sixty Eight Dollars And Ten Cents ($30,068.10) be transferred from Account #91C780, Citywide Capital Equipment, to Account #26C701, Worcester Fire Department.

Attachments

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

 
 

7.37

FINANCE ITEMS
Prior Year
 

7.38

FINANCE
Loan Orders
 

7.39

MISCELLANEOUS AGENDA TRANSMITTALS
8.

TABLED ITEMS

8a.

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Attachments

No action taken

 

8b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Dominique Lostracco et al request Children at Play or Park Entrance sign on Acton St.: recommend Petition be placed on file. (Tabled - Clancy January 12, 2010)

Attachments

Councilor Clancy moved to take the item off the Table and Accept the recommendation to place on file. - Approved Taken off the Table and Accepted

 

9.

SUSPENSION OF RULES

9a.

Motion Clancy @ #7.12A - Request City Manager provide a report of the breakdown of the two separate aspects relative to the acquisition of the street lighting system savings; the savings which will occur from owning and maintaining it's own street lighting system and and the loss of revenue as a result of National Grid's equipment no longer generating tax revenue .

Further, request City Manager provide to City Council with a list of the outstanding street lights which were approved but not installed including the costs.

Attachments

Order adopted

 

9b.

Motion Lukes @ #7.14A CM - Request City Manager provide a report outlining what the city needs our federal and state legislators to do to alleviate the burden to communities along the Blackstone River from the DEP and EPA edicts relative to clean water.

Attachments

Order adopted

 

9c.

Motion Haller @ #7.14A CM - Request City Manager extend the water cost chart, in his February 2, 2010, item #7.14A, to include the estimated costs for years up to 2015 or even up to 2020 to demonstrate future trends.

Attachments

Order adopted

 

9d.

Motion Haller @ #7.14A CM - Request City Manager submit a report with suggestions as to how the City Council and the citizens of Worcester can help in providing a different approach for meeting the goals of the Clean Water Act.

Attachments

Order adopted

 

9e.

Motion Rushton @ #7.14A CM - Request City Manager report to City Council where is the bill in the legislative process relative to requiring the use of products that would naturally reduce phosphorus and nitrogen levels in the water.

Attachments

Order adopted

 

9f.

Motion Germain @ #7.14A CM - Request City Manger outline all legal and legislative options including the use of civil disobedience that are available to prevent having to pass increases to the rate payers.

Attachments

Order adopted

 

9g.

Motion O'Brien @ #7.15B CM - Request City Manger provide City Council with a report regarding planning efforts for a program such as the Wheels to Water program for the summer of 2010 and recommendations for engaging the city's youth-service organizations as well as neighborhood groups to be part of a process to design a comprehensive plan that effectively moves people to pool facilities as well as integrating recreational and youth employment programs.

Attachments

Order adopted

 

9h.

Motion Lukes @ @ #7.17B CM - Request City Manager request the Police Chief report to City Council as to whether he perceives a gender neutral policy as a furtherance to the issue of domestic violence.

Attachments

Order adopted

 

9i.

Motion Palmieri @ #7.24A CM - Request City Manager request the City Solicitor and the Attorney General report as to whether or not the city may place regulations/restrictions on certain new tobacco products for sale in the city.

Motion Rushton to amend: Further, request City Manager report to City Council as to whether the code department or board of health can force these products to be place behind the counter where cigarettes are required to be located.

Attachments

Order adopted

 

9j.

Motion Petty - @ #7.31A CM - Request City Manager provide City Council with a report from the Police Chief regarding how the reduction in the Shannon Grant will impact the police department and public safety programs.

Attachments

Order adopted

 

9k.

Motion Germain - Suspension of Rules - That the City Council of the City of Worcester be and is hereby requested to accept and the City Manager be and is hereby authorized and requested to implement the provisions of House Bill #3588 which would upon final acceptance establish a procedure for the collection of unpaid fines related to snow or ice removal, code violations and health violations.

Attachments

Councilor Germain moved to have this item as the First Item of Business on February 9, 2010. - Approved First Item of Business February 9, 2010