CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 18, 2010

Esther Howland Chamber

Convened: 7:58 P.M.

Adjourned: 9:27 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 except for Councilors Palmieri and Toomey with the Mayor in Chair. Councilor Palmieri arrived at 7:59 P.M. and Councilor Toomey arrived at 8:11 P.M.

4.

ITEMS OF CITIZEN INTEREST

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Attorney Donald Coblentz on behalf of Marc Curtis, President of D&A Industries Realty Corp. request the abandonment of Leland St. as a public way and remove it from the Official Map.

Attachments

Referred to Planning Board

 

6b.

Jennifer Tallagnon request sidewalk in front of 59 South Lenox St. be replaced.

Attachments

Referred to Public Works Committee

 

6c.

Maryann Mercando request sidewalk repair in front of 80 Francis St.

Attachments

Referred to Public Works Committee

 

6d.

Timothy Rassias on behalf of Homeland Group, LLC. request abatement of sewer assessment #31096 in the amount of $2,850.00 for Yukon Ave.

Attachments

Referred to Public Works Committee

 

6e.

Noel Ruiz request to install a handicap parking space at 33 Arthur St.

Attachments

Referred to Traffic and Parking Committee

 

6f.

William Breault request City Council consider establishing a protocol for dealing respectfully with the relocation and clean-up of makeshift street/sidewalk memorials after thoroughly consulting with other communities concerning their best practices.

Attachments

Referred to City Manager

 

6g.

Richard Blase request police enforcement of transversing curb, esplanade, sidewalk etc. at 330 Highland St.

Attachments

Referred to City Manager

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointments of Terra Oliveira and W. Troy Tyree to the Cultural Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
 

7.3

DEPARTMENT OF HUMAN RESOURCES
 

7.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Recommend Adoption of a Resolution to Designate 78 Chilmark Street as a Site Specific Economic Opportunity Area (EOA).

Attachments

Resolution adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Petty, Toomey absent) Councilor moved to suspend the rules to allow Reconsideration - Approved on a roll call vote of 8 Yeas and 0 Nays (Germain, Petty, Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Germain, Petty, Toomey absent)

 
B.

Recommend Adoption of a Resolution to Accept a $2.6 Million Infrastructure Improvement Grant from the United States Department of Transportation for the Gardner Kilby Hammond Revitalization Project.

Attachments

Resolution adopted

 
 

7.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
A.

Recommend Adoption of Resolutions to File and Accept for a Continuation of Funding under the U.S. Department of Housing and Urban Development (HUD) McKinney Homeless Assistance Program and the Commonwealth of Massachusetts Department of Children and Families' Worcester Community Connections Program.

Attachments

Two Resolutions adopted

 
 

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
A.

Recommend Adoption of Eighteen (18) Resolutions to File and Accept Funds from the State Division of Career Services, Division of Workforce Development and the State Department of Elementary and Secondary Education.

Attachments

Eighteen (18) Resolutions adopted

 
 

7.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

7.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
A.

Recommend Adoption of a Resolution to File and Accept a Greater Worcester Community Foundation (GWCF) Mini Grant.

Attachments

Councilor Haller moved to be recused - Approved on a roll call vote of 8 Yeas and 0 Nays (Germain, Petty absent) Resolution adopted

 
B.

Recommend Adoption of a Resolution to File and Accept a Commonwealth Corporation YouthWorks 2010 Summer Jobs Program in the Amount of Three Hundred Fifty Three Thousand One Hundred and Sixty Nine Dollars and No Cents ($353,169.00).

Attachments

Resolution adopted

 
 

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
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from UNUM for the Installation of Pedestrian Beacons at the Intersection of Chestnut Street and Cedar Street.

Attachments

Resolution adopted with gratitude

 
 

7.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Equipment from the National Recreation and Park Association (NRPA) for the 2010 Professional Golf Association (PGA) Family Course Equipment Grant at Green Hill Golf Course.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Relative to the Junior Golf Week Program to be Held the Week of July 26 through July 29, 2010 at Green Hill Municipal Golf Course.

Attachments

Placed on file

 
C.

Recommend Adoption of a Resolution to Accept with Gratitude, a Donation of Four Hundred Fifty One Dollars and Sixty Four Cents ($451.64) from the Abby Kelley Foster Charter Public School's 7th Grade Homeroom for the Planting of Trees in the City of Worcester.

Attachments

Resolution adopted with gratitude

 
D.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Landscape and Maintenance Services at Tivnan Field at Lake Park, with a Value of Four Thousand Five Hundred Dollars ($4,500) from John Deere Landscapes.

Attachments

Resolution adopted with gratitude

 
 

7.16

FIRE DEPARTMENT
 

7.17

POLICE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to File and Accept a U.S. Department of Justice FY 2010 Edward Byrne Memorial Justice Assistance Grant - Local Solicitation

Attachments

Referred to Public Safety Committee for a hearing

 
B.

Transmitting Informational Communication Relative to the 2010 Youth Summit.

Attachments

Placed on file

 
C.

Recommend City Council's Adoption of a Resolution to File and Accept a US Dept. of Justice Paul Coverdell Forensic Science Improvement Grant.

Attachments

Resolution adopted

 
 

7.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Recommend Adoption of a Resolution to File and Accept a FY 2011 Regional Public Safety Answering Point Development Grant.

Attachments

Resolution adopted

 
 

7.19

LICENSE COMMISSION
 

7.20

LAW DEPARTMENT
 

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
 

7.25

DIVISION OF ELDER AFFAIRS
 

7.26

WORCESTER PUBLIC LIBRARY
 

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.

Recommend Adoption of Dumpster Permit Ordinance Amendment, Fire Alarm Service and Inspection Permit Fees, and Dog Licensing Ordinance Amendment.

Attachments

Voted to advertise (3) proposed Ordinances

 
 

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 Forty Four Thousand Four Hundred Fifty Dollars And No Cents ($44,450.00) be transferred from Water Account #45C720, Water Mains, and be appropriated back to Water Loan Account #91C713, Water Mains, so as to correct a previous appropriation that was over by the same amount.

Attachments

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

 
B.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C735, Sewer Building Rehabilitation, and be appropriated to DPW Account #44C725, Off Season Storage Facility (Sewer), to allow for payment of initial anticipated obligations.

Attachments

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

 
C.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741OC, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction to provide funds for the payment of current and future expenditures per the cash flow procedure.

Attachments

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

 
D.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741OB, Street Construction, and appropriated to DPW Account #41C732, Street Construction to allow for the payment of current and anticipated project obligations per the cash flow procedure.

Attachments

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

 
E.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7410D, Sidewalks, and be appropriated to Account #41C795, Street Tree Plantings, 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, Petty absent)

 
F.

Recommend that Ninety Six Thousand Eight Hundred Eighty Four Dollars And Forty Three Cents ($96,884.43) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to provide funding for the Fiscal Year 2010 Expenses for the Program.

Attachments

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

 
G.

Recommend that One Hundred Ten Thousand Four Hundred Twenty Five Dollars And No Cents ($110,425.00) be transferred from Account #91C716 , and be appropriated to Account #04C704 to pay for contractual obligations associated with capital improvements at Union Station.

Attachments

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

 
 

7.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that the City Manager, with the approval of the City Auditor, be authorized to make capital project and special revenue transfers to departmental project accounts during the summer months.

Attachments

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

 
 

7.37

FINANCE ITEMS
Prior Year
 

7.38

FINANCE
Loan Orders
A.

Recommend that the City Manager, with the Approval of the City Auditor, be authorized to make adjustments to City Accounts to balance the Fiscal Year 2010 Budget.

Attachments

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

 
 

7.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the 2010 Wheels to Water Program.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to CSX.

Attachments

Referred to Joint Public Works and Public Service & Transportation Committee

 
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.

Communication of the City Auditor transmitting Reports on Internal Control Over Financial Reporting, Compliance and Federal Awards Programs prepared by Sullivan, Rogers & Company, LLC for the fiscal year ended June 30, 2009. (Tabled - Haller March 23, 2010)

Attachments

No Action Taken

 

8c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Joffrey A. Smith on behalf of Jonathan Koop, President of S & K Valet, in the interest of public safety, request the installation of passenger zones for drop-off and pick-up of passengers at the following business locations from 5pm-2am: in Commercial St. in front of One Exchange Place, in front of 166 Shrewsbury St., in front of 82 Winter St., and in front of 50 Front St. and the recommendation to adopt the accompanying four (4) Orders. (Tabled - Petty April 27, 2010)

Attachments

No Action Taken

 

9.

SUSPENSION OF RULES

9a.

Motion O'Brien @ #7.4B CM - Request City Manager provide an update to City Council relative to the creation of fields in vicinity of Boys and Girls Club.

Attachments

Order adopted

 

9b.

Motion Haller @#7.14A CM - Request City Manager provide a report to City Council concerning pedestrian beacons to explain what they are, how many are going to be purchased, cost per devise, how effective are these devices and could these devices could be used in other congestive areas.

Attachments

Order adopted

 

9c.

Motion O'Brien @7.15D CM - Request City Manager provide a report to City Council relative to bid rules for allowing private landscape companies to perform jobs on city property.

Attachments

Order adopted

 

9d.

Motion Haller @ #7.39A CM - Request City Manager send a copy of item #7.39A to the neighborhood centers.

Attachments

Order adopted

 

9e.

Motion Rushton @ #7.39B CM - Request City Manager request the Police Chief, Fire Chief and the Emergency Management Team request from CSX information relative to what hazardous materials are being transported through the city to make sure hazardous materials are being handled in a proper and secure manner and report back to the City Council if these current practices are satifactorily protecting the city.

Attachments

Order adopted

 

9f.

Motion Palmieri @ #7.39B CM - Request City Manager with CSX review storm water flooding problems in the rear of the Bancroft School of Massage Therapy.

Attachments

Order adopted

 

9g.

Motion Haller @ #7.39B CM - Request City Manager request report concerning the types of materials coming into the port of Worcester on Southbridge St.

Attachments

Order adopted

 

9h.

Motion Lukes @ #7.39B CM - Request City Manager request the City Solicitor rule if transport of hazardous materials is appropriate topic for Executive Session.

Attachments

Order adopted

 

9i.

Motion Toomey - Suspension of Rules - Request City Manager request a review and a list of locations for overdue natural gas inspections for both residential and commercial properties.

Motion Lukes to amend: Further, request City Manager provide an update of a previously requested report concerning the Shade Tree Trust since shade trees are also being damaged by gas leeks.

Attachments

Order adopted

 

9j.

PETITION - Councilor Barbara G. Haller request emergency sidewalk repair in front of the John Street Baptist Church on John St.

Attachments

Referred to Public Works Committee