CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 18, 2008

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 7:58 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 and Palmieri. Councilor Palmieri arrived at 7:17 P.M.

4.

HEARINGS & ORDERS

4a.

LIGHT TOWER FIBER, LLC for a conduit location in: PROVIDENCE ST.

Granting permission to LIGHT TOWER FIBER , LLC for a conduit location in: PROVIDENCE ST.

Attachments

Hearing Held - Order adopted

 

4b.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: ELM ST.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: ELM ST.

Attachments

Hearing Held - Order adopted

 

4c.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: 67 MILLBROOK ST.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: 67 MILLBROOK ST.

Attachments

Hearing Held - Order adopted

 

4d.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: PARK AVE.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: PARK AVE.

Attachments

Hearing Held - Order adopted

 

4e.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: 55 UNION ST.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: 55 UNION ST.

Attachments

Hearing Held - Order adopted

 

4f.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: PLEASANT ST. AT WILLARD AVE.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: PLEASANT ST. AT WILLARD AVE.

Attachments

Disclosure for items #4f & g - Councilor Rushton stated his sister resides on Willard Ave. Hearing Held - Order adopted on the Condition that all work will commence and be completed during Thanksgiving School Vacation Week

 

4g.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: WILLARD AVE.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: WILLARD AVE.

Attachments

Hearing Held - Order adopted on the Condition that all work will commence and be completed during Thanksgiving School Vacation Week

 

4h.

FIBER TECHNOLOGIES NETWORKS, LLC request for conduit location in: PLEASANT ST.

Granting permission to FIBER TECHNOLOGIES NETWORKS, LLC for conduit location in: PLEASANT ST.

Attachments

Hearing Held - Order adopted on the Condition that all work will commence and be completed during Thanksgiving School Vacation Week

 

5.

ITEMS OF CITIZEN INTEREST

5a.

PROCLAMATION - Mayor Lukes read a proclamation proclaiming November 20, 2008 to be named the Great American Smoke Out day. Councilor Rosen presented the proclamation to Veronica Yanes Perez, a representative of Hope Coalition who spoke to City Council about their tobacco project.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Donald J. O'Neil, Attorney request to amend the Zoning Map by changing the zoning classification of the portion of the parcel located at 1 Summer Hill Ave. from RG-5 to BL-1.0

Attachments

Referred to Planning Board

 

7b.

Mayor Konstantina B. Lukes on behalf of Andrew Kelleher and Coney Island Hotdog request sidewalk repair at 156 Southbridge St.

Attachments

Referred to Public Works Committee

 

7c.

Howard & Doris Egenlauf request abatement of sewer assessment #31064 in the amount of $7,726.20 for Perkins St.

Attachments

Referred to Public Works Committee

 

7d.

Robert Mitchell & Linda Filewicz request handicap parking space on the Cameron St. side of 694 Franklin St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

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 Family and Medical Leave Act

Attachments

Motion Lukes - Request item be held to be Second Item of Business on November 25, 2008 - Approved

 
B.

Transmitting Informational Communication Relative to a History of the City's Health Insurance Plan and Contribution Rates

Attachments

Motion Lukes - Request item be held to be Second Item of Business on November 25, 2008 - Approved

 
C.

Transmitting Informational Communication Relative to MGL Chapter 32B Section 19

Attachments

Motion Lukes - Request item be held to be Second Item of Business on November 25, 2008 - Approved

 
 

8.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

8.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
A.

Transmitting Communication Relative to City's Neighborhood Stabilization Program (NSP)

Attachments

Referred to Public Health and Human Services 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
Workforce Investment Board Division
A.

Recommend Adoption of a Resolution to File and Accept Funds from the Employment and Training Administration (ETA), U.S. Department of Labor (DOL) Community Based Job Training Grant.

Attachments

Resolution adopted

 
 

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
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.16

FIRE DEPARTMENT
 

8.17

POLICE DEPARTMENT
A.

Recommend City Council's Adoption of a Resolution to File and Accept a 2008-2009 Traffic Enforcement and Equipment Grant through the Massachusetts Executive Office of Public Safety and Security, Highway Safety Division.

Attachments

Resolution adopted

 
 

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
 

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
 

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
A.

Transmitting Informational Communication Relative to the Activities of the Worcester Regional Tobacco Collaborative Including the Great American Smoke Out, Compliance Checks, and the Annual Tobacco Calendar Contest.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

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
A.

Transmitting Informational Communication Relative to the Calculations to be Used for the November 25, 2008 Tax Classification Hearing.

Attachments

Motion Lukes - Request item to be First Item of Business November 25, 2008 - Approved

 
B.

Transmitting Informational Communication Relative to Utilizing Uniform Commercial Code (UCC) Filings for Personal Property Assessments

Attachments

Motion Lukes - Request item to be Second Item of Business November 25, 2008 - Approved

 
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

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 Seventy Seven Thousand Dollars And No Cents ($77,000.00) be transferred from Account #91C780, Citywide Capital Equipment , and be appropriated, when and as received, to Account #27C701, Communications Capital Equipment, for the purchase of 26 portable radios, 7 mobile radios and associated accessories.

Attachments

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

 
 

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 the Festival of Lights Holiday Tree Lighting on Friday, December 5th.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Francis H. Dewey Charity Trust.

Attachments

Placed on file

 
9.

TABLED ITEMS

9a.

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

 

9b.

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

Attachments

No action taken

 

9c.

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

Attachments

No action taken

 

9d.

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

 

9e.

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

 

9f.

Order of Mayor Konstantina B. Lukes - Request City Manager report to City Council regarding National Grid services in the city based on data filed with the Department of Telecommunications and Energy specifically addressing the number of outages, the locations of the outages, causes of the outages and the fines, if any, paid by National Grid in 2007. (Tabled - Lukes February 26, 2008)

Attachments

No action taken

 

9g.

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

 

9h.

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

 

9i.

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

 

9j.

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

 

10.

SUSPENSION OF RULES

10a.

Motion Rushton @ #8.4A, B & C CM - Request City Manager provide City Council with copies of the correspondence from the responding communities relative to Section 19.

Attachments

Order adopted

 

10b.

Motion Clancy @ #8.4A, B & C CM - Request City Manager forward a copy of City Manager's item #8.4A to the EAW for their comments.

Attachments

Order adopted

 

10c.

Motion Rosen - Suspension of Rules - Request City Manager request the Police Chief increase traffic and speed enforcement in Burncoat St. in the vicinity of Quinsigamond Community College.

Attachments

Order adopted

 

10d.

PETITION - Councilor William J. Eddy request to install a Stop Sign for Pineview Ave. for traffic traveling southbound as it intersects with Clover St.

Attachments

Referred to Traffic and Parking Committee

 

10e.

PETITION - Councilor William J. Eddy request a traffic study with a focus for a possible Stop Sign in Bailey St. at the airport rotary.

Attachments

Referred to Traffic and Parking Committee

 

10f.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report concerning M-tek and their methods for disposal of its electronic waste collected from the city.

Attachments

Order adopted

 

10g.

Motion Petty - Suspension of Rules - That the City Council's Standing Committee on Public Service & Transportation meeting scheduled for November 24, 2008 at 6:30 P.M. will discuss with National Grid the electric outages that occurred in the area of Tatnuck Sq. this past weekend and further, as Chairman of this committee, request that all concerned residents and business owners are hereby invited to attend this meeting.

Attachments

Order adopted

 

10h.

Motion Eddy - Suspension of Rules - Request City Clerk distribute flyers to notify Tatnuck Sq. businesses of the upcoming City Council's Standing Committee on Public Service & Transportation meeting to discuss with National Grid the electric outages that occurred in the area of Tatnuck Sq.

Attachments

Order adopted

 

10i.

Motion Rushton - Suspension of Rules - Request City Manager report on the previously voted order, item #9f of the November 13, 2007 City Council calendar, concerning the feasibility of returning to a single real estate tax rate.

Attachments

Order adopted on a roll call vote of 7 Yeas and 3 Nays (Yeas - Eddy, Petty, Rosen, Rushton, Smith, Toomey, Lukes) (Nays - Clancy, Haller, Palmieri) (Germain absent)