CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, March 2, 2010 | Esther Howland Chamber | Convened: 7:07 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 | |
2. | STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR | |
3. | ROLL CALL - All present with the Mayor in the Chair | |
| | | | | | | | | 4a. | Order of Councilor Michael J. 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. (Held February 2, 9 and 23, 2010) | Attachments | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | |
5. | SECOND ITEM OF BUSINESS | |
| | | | | | | | | 5a. | Order of Councilor Konstantina B. Lukes - Request City Manager provide City Council with a legal opinion regarding the process for commencement of eminent domain proceedings by the City for the CitySquare project. (Held February 23, 2010)
| Attachments | | | Order adopted | | | | | |
6. | ITEMS OF CITIZEN INTEREST | |
| | | | | | | | | 6a. | Mayor O'Brien read a proclamation declaring March 2, 2010 as White Ribbon Day which supports the ending of violence against women and recognized the presence of District Attorney Joseph Early and invited Dr. Evan Graber of You, Inc. and Chairperson of Males Advocating Change to say a few words. Proclamation was present to Dr. Graber by Councilor Haller. | Attachments | | |
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| | | | | | | | | 6b. | Mayor O'Brien read a proclamation declaring March 3, 2010 as Think Local-Thank Local Day in support of the Worcester County Food Bank Food Drive from March 1st to April 3rd and recognized and invited Jack Hyland of Fallon Community Healthlink and a member of Worcester Local First to say a few words. Proclamation was present to Mr. Hyland by Councilor Rushton. | Attachments | | |
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| | | | | | | | | 6c. | Mayor O'Brien recognized and welcomed the presence of two members of Troop 91 from St. George's Church who are present to earn their merit badges in government. | | | |
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7. | ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST | |
| | | | | | | | | 8a. | Attorney Donna Truex on behalf of Great Brook Valley Health Center, Inc request to change the zoning district classifications for 7, 9 , 19 & 59 Tacoma St. and 60 Humes Ave. to a BL-1.0 District. | Attachments | | | Referred to Planning Board | | | | | |
| | | | | | | | | 8b. | Fire Chief Gerard Dio on behalf of the City of Worcester request abatement of street betterment assessment #24762 in the amount of $30,993.48 for Artic St. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8c. | Janice Boss request to install sidewalks on the even side of Greenwood St. from #246 to Route 20. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8d. | William S. Coleman III request City Council honor Robert J. O'Keefe who served as the eighth Clerk of the City for forty-five years with a plaque or naming a room in the City Clerk's Office after him. | Attachments | | | Mayor O'Brien moved to suspend the rules to allow the petitioner to speak - Approved and the petitioner addressed City Council.
Referred to Public Works Committee | | | | | |
| | | | | | | | | 8e. | Councilor Philip P. Palmieri request resurfacing of Ventura Rd. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8f. | Councilor Philip P. Palmieri request resurfacing of Imperial Rd. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8g. | Councilor Philip P. Palmieri request resurfacing of Imperial Place.
| Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8h. | Councilor Philip P. Palmieri request sidewalk resurfacing for both sides of Granby Rd.
| Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8i. | Jonathan Koop, President of S & K Valet, request to designate valet meters at 1 Exchange Place for The Citizen, IlForno and Cigar Masters, Tuesdays thru Saturday from 4:30 P.M. to 2:30 A.M. | Attachments | | | Councilor Haller moved to file the item.
Councilor Smith moved to oppose and request referral to Traffic & Parking Committee
Councilor Clancy moved to Table Under Privilege
Tabled Under Privilege
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9. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 9.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | | | A. | Transmitting Informational Communication Relative to the Appointments of George Maple, Daniel McAuliffe and Reynaldo Rodriguez to the G.A.R. Memorial Hall Board of Commissioners. | Attachments | | | | Placed on file | | | | | | |
| | | | | 9.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | | | A. | Transmitting Informational Communication Relative to the Reappointment of John Donahue, Jr. and Samuel Macintire to the Worcester Redevelopment Authority. | Attachments | | | | Confirmed on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Transmitting Informational Communication Relative to the Appointments of Richard Perry and William Wallace to the Hope Cemetery Board of Commissioners. | Attachments | | | | Confirmed on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | | | A. | Transmitting Informational Communication Relative to Health Insurance Benefits. | Attachments | | | | Referred to Finance Committee and Municipal Operations Committee | | | | | | |
| | | | | 9.4 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division | |
| | | | | 9.5 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division | |
| | | | | 9.6 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division | |
| | | | | 9.7 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division | |
| | | | | 9.8 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
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| | | | | 9.9 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
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| | | | | 9.10 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT Worcester Regional Airport Commission Division
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| | | | | 9.11 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division | |
| | | | | 9.12 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | 9.13 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | 9.14 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | 9.15 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | | | A. | Transmitting Informational Communication Relative to the Public Shade Tree Reforestation Program for for 2010 and 2011.
| Attachments | | | | Referred to Youth, Parks and Recreation Committee | | | | | | |
| | | | | | | B. | Transmitting Informational Communication Relative to the Ongoing Asian Longhorned Beetle Eradication Program. | Attachments | | | | Referred to Public Health and Human Services Committee | | | | | | |
| | | | | | | A. | Recommend City Council Adoption of a Resolution to File and Accept a US Dept. of Justice, Office of Justice Programs, National Institute of Justice FY 2010 Solving Cold Cases with DNA Grant. | Attachments | | | | Resolution adopted | | | | | | |
| | | | | | | B. | Recommend City Council Adoption of a Resolution to File and Accept a MA Executive Office of Public Safety and Security - Highway Safety Division - FFY 2010 Underage Alcohol Enforcement Grant. | Attachments | | | | Resolution adopted | | | | | | |
| | | | | 9.18 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | | | A. | Transmitting Informational Communication Relative to the Disposal of Plastic Bags. | Attachments | | | | Referred to Rules and Legislative Affairs Committee | | | | | | |
| | | | | | | B. | Recommend City Council Review, Consideration and Adoption of an Order to Accept the Provisions of Chapter 26 of the Acts of 2010 Commonly Referred to as "Green Ticket" Legislation.
| Attachments | | | | Accepted & Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.21 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 9.22 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 9.23 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 9.24 | DIVISION OF PUBLIC HEALTH | |
| | | | | 9.25 | DIVISION OF ELDER AFFAIRS | |
| | | | | 9.26 | WORCESTER PUBLIC LIBRARY | |
| | | | | 9.27 | EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division | |
| | | | | | | A. | Transmitting Informational Communication Relative to Womens' History Month and the Women of Consequence Award Ceremony that is Scheduled for March 3, 2010 from 6:00 p.m. to 7:30 p.m. in the Levi Lincoln Chamber, 3rd Floor, Worcester City Hall. | Attachments | | | | Placed on file | | | | | | |
| | | | | 9.28 | EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division | |
| | | | | 9.29 | PUBLIC SCHOOL DEPARTMENT | |
| | | | | 9.30 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division | |
| | | | | 9.31 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division | |
| | | | | | | A. | Informational Communication Relative to the City's Projected Fiscal Year 2011 Budget.
| Attachments | | | | Referred to Finance Committee | | | | | | |
| | | | | 9.32 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division | |
| | | | | 9.33 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division | |
| | | | | 9.34 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division | |
| | | | | 9.35 | FINANCE ITEMS
Capital Transfers | |
| | | | | | | A. | Recommend that Sixty Five Thousand Four Hundred Dollars And No Cents ($65,400.00) be transferred from Loan Account # 91C711, Citywide Building Rehab, and appropriated to Account # 11C703, Aldermans Chambers Rehab. for the purpose of paying contractually obligated invoices.
| Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that Seven Thousand Two Hundred Fifty Eight Dollars And No Cents ($7,258.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to provide funds for the review and evaluation of the Energy Conservation Measures proposed as part of the Investment Grade Audit of all City and School facilities.
| Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that Fifty Thousand Three Hundred Dollars And No Cents ($50,300.00) be transferred from Loan Account # 91C784, Park Improvements, and appropriate to Park Account # 72C70201, Aquatic Facilities for the purpose of paying contractually obligated invoices.
| Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.36 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | A. | Recommend that Two Hundred Thirty Eight Thousand Dollars And No Cents ($238,000.00) be transferred from various CDBG accounts and be appropriated to various NRSA accounts to provide funding for NRSA activities. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.37 | FINANCE ITEMS
Prior Year | |
| | | | | 9.39 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | | | 10a. | James A. DelSignore, City Auditor, transmitting Worcester's DCU Center Funds Arena Component and Convention Center Component reports including the financial statements with supplemental schedules for the years ended June 30, 2009 and 2008 plus the independent auditors' report. | Attachments | | | Referred to Finance Committee | | | | | |
| | | | | | | | | 11a. | Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009) | Attachments | | | No action taken | | | | | |
| | | | | | | | | 12a. | Motion Clancy @ #8i CC - Request City Manager request the City Solicitor provide City Council with a legal opinion as to whether or not an ordinance exists to create valet parking areas.
Motion Rushton to amend: Further, request the City Solicitor explore the existence and text of ordinances regarding valet parking areas in other cities and report to City Council. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12b. | Motion Lukes @ #9.3A CM - Request City Clerk and Clerk of the School Committee provide hard copies of their respective agendas and backup to City Council and School Committee members.
Councilor Toomey moved to oppose because it would be a waste of effort, time, paper and money.
Councilor Lukes moved to request the agendas and items pertaining to the budget.
Mayor O'Brien moved to recommend that the City Clerk and Clerk of School Committee make the agendas available electronically or by mail and provide back up upon request of a Councilor or School Committee member.
The following motion was approved as amended:
Request the City Clerk provide to the members of the School Committee and the Clerk of the School Committee provide to the City Councilors an electronic version of the agendas and any backup upon request. | Attachments | | | Order adopted as amended | | | | | |
| | | | | | | | | 12c. | Motion Haller @ #9.15B - Request City Manager report to City Council the results of the test inoculation efforts taking place around the city with reference to the ALB. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12d. | Motion Lukes - Suspension of Rules - Request City Manager request the City Solicitor provide a report regarding the definition and process for implementing a moratorium regarding the installation of accessory and non-accessory billboards and digital signs until a vote is taken by the City Council on the new regulation/ordinances regarding the installation of accessory and non-accessory billboards and digital signs. Further, request this report for the next City Council meeting. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12e. | PETITION - Councilor Palmieri request a street light be added to the existing wooden utility pole between 9 and 11 Winco Road. | Attachments | | | Referred to Public Service and Transportation Committee | | | | | |
| | | | | | | | | 12f. | PETITION - Councilor Philip P. Palmieri request Scrimegeour Road be resurfaced. | Attachments | | | Referred to Public Works Committee | | | | | |
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