CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 9, 2008

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:50 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
 
6:30 P.M. - Reception for Candidates to the Library Board of Directors, 3rd Floor City Hall 7:00 P.M. - Regular City Council Meeting

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

4.

PRESENTATIONS

4a.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes and extends its gratitude to Robert Williams and Bobby Genese for the extraordinary success establishing the Elias Tembenis Walk for Autism and for their extreme perseverance in completing this cross-country walking marathon breaking down the mystery of autism and educating thousands of Americans about treatment options available for autism. (Rushton)

Attachments

The Mayor Lukes read the Resolution it was presented to Robert William and Bobby Genese by Councilor Rushton. They both thanked City Council and the City of Worcester for this honor and wished to thank the many people who supported them throughout this experience.

 

4b.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes Firefighter Frank P. Raffa, President and Lt. Donald J. Courtney, Vice-President of Local 1009 of the International Association of Fire Fighters, for their many years of selfless service to the membership of their union. (Petty, Clancy, Eddy, Germain, Haller, Palmieri, Rosen, Rushton, Smith, Toomey, Lukes)

Attachments

The Mayor Lukes read the Resolution it was presented to Firefighter Frank Raffa and Lt. Donald Courtney by Councilor Joseph M. Petty. Councilor Petty presented a gift from the entire City Council, Councilor Haller read a citation from the Governor and Lt Governor of the Commonwealth and a citation from the Governors Office and Mayor Lukes presented them with a Key to the City. The entire City Council expressed their gratitude for Frank and Donald's dedication, professionalism and tireless work effort as representatives of Local 1009 as well as their community service to the City. City Manager O'Brien also added his gratitude. Frank Raffa & Donald Courtney thanked City Council for this honor and the privilege to serve their membership and community.

 

5.

ELECTION OF THREE MEMBERS TO THE LIBRARY BOARD OF DIRECTORS - Susan Gately and William S. Coleman, III were elected for a six year term and Jabian Gutierrez was elected for a one year term to fill an unexpired vacancy

6.

FIRST ITEM OF BUSINESS

6a.

Communication of Joseph E. Connarton, Executive Director of PERAC, furnishing required appropriation for Fiscal Year 2010 Retirement System. (Tabled - Lukes December 2, 2008)

Attachments

Placed on file

 

7.

ITEMS OF CITIZEN INTEREST

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Vernell Frazier & Bart Lewandowski, Jr. request private street maintenance for the entire length of Tyson Rd.

Attachments

Referred to Public Works Committee

 

9b.

Ralph Cobb request to remove handicap parking in front of 86 Lakewood St.

Attachments

Referred to Traffic and Parking Committee

 

9c.

Ralph Cobb request to remove "No Parking Anytime" and install handicap parking in front of 97 Houghton St.

Attachments

Referred to Traffic and Parking Committee

 

9d.

Claudine Chin of the Kumon Learning Center request installation of a 30 minute parking zone in front of 482 Park Ave., starting at the corner of Fairfield St.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Councilor Paul P. Clancy, Jr. on behalf of Richard June request handicap parking space in front of 93 Loxwood St.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Michael Grandone requesting the mandating of a new City Ordinance stating: "The City of Worcester and all departments under the City of Worcester, shall only ask, allow and accept RFP's from businesses inside the City of Worcester and furthermore, only award said bid to the highest and/or most qualified bidder who has a base of operation within the City of Worcester, and furthermore is a taxpayer in good standing with said City of Worcester.

Attachments

Referred to Municipal Operations Committee

 

9g.

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

Referred to Public Works Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request National Grid provide the City with a history of the past five year's power outages in the Tatnuck Square neighborhood, highlighting the outages of Friday, November 14 and Saturday, November 15, 2008 with explanations of solutions to temporary fixes and secondary cabling and include timetables and cost estimates for permanent corrective action to be installed to avert future outages in both the Tatnuck Square and June Street neighborhoods.

Attachments

Order adopted

 

10b.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request Administrator of the Worcester Regional Transit Authority to attend a future meeting of the Standing Committee on Public Service and Transportation to discuss their overall operations.

Attachments

Order adopted

 

10c.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager inform the City Council with progress with public meeting notices in the general circulation print media.

Attachments

Order adopted

 

10d.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Council accept the following report concerning the status of the goals of the Standing Committee on Public Service and Transportation as approved in City Council on August 12, 2008: 1) To improve service in and out of Union Station; Goal met and ongoing progress being made, 2) To re-establish passenger service in and out of Worcester Regional Airport, and that a long range alternative use plan be established for all property and facilities at the airport if passenger service is not restored by the time the contract with MassPort expires; Goal met and ongoing progress being made with MassPort, 3) To increase ridership on all Worcester Regional Transit Authority routes: Goal met, 4) To obtain and fully utilize the services of a transportation planner: Request pending before the City Manager, and 5) To implement a plan to retain Worcester Municipal employees as residents of the City of Worcester; Request pending before the City Manager.

Attachments

Order adopted

 

11.

ORDERS

11a.

Request City Manager provide a report on the cost benefit analysis regarding the usage of fleet cars vs. personal cars with mileage reimbursement. Further, request Administration provide a plan to reduce the cost of fleet cars in preparation for the upcoming fiscal year. (Toomey, Smith)

Attachments

Order adopted

 

11b.

Request City Manager request the Acting Director of Human Resources provide City Council with data as to the number of City of Worcester retirees who are approved for Medicare low-income subsidy which qualifies each of them for a subsidy of their prescription coverage, part D. Further request an explanation of the process for qualifying. (Petty)

Attachments

Order adopted

 

11c.

Request City Manager request the Commissioner of the Department of Public Works and Parks to consider the feasibility of rehabilitating and maintaining the nine City of Worcester swimming pools over the course of the next ten years. (Rushton, Rosen, Palmieri, Smith)

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Toomey) (Nay - Lukes)

 

11d.

SEWER BETTERMENT ASSESSMENT: MYRNA ROAD

Attachments

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

 

12.

RESOLUTION

12a.

That the City Council of the City of Worcester hereby notifies the appropriate federal and state authorities that it favors a more deliberate, scientific and experimental eradication approach to the removal of infested, suspect and host hardwood trees in the Greendale and Burncoat sections of Worcester as opposed to the proposed plan to cut down 20,000 trees, thousands of which might not even be infected with Asian Longhorned Beetles. (Rosen, Smith, Rushton, Haller, Palmieri)

Attachments

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

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC SERVICE & TRANSPORTATION

13a.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Nancy LaFlash request street light across the street from 18 Dutton St: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Paul P. Clancy, Jr. on behalf of Ronald Pilski request street light on pole #8 at the corner of Arbutus St. and Stoneham Rd: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting communication provided by National Grid regarding the process and proposed changes that are in place to notify residents about planned power outages in the City of Worcester: recommend Communication be placed on file.

Attachments

Accepted

 

13d.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication regarding scheduled power outages in the Chandler, Pleasant, June, Amherst and Newton Square Neighborhoods: recommend Communication be placed on file.

Attachments

Accepted

 

13e.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Philip P. Palmieri request to replace the old street light with a new updated street light at the corner of Harlow St. and Lincoln St: recommend Petition be placed on file.

Attachments

Accepted

 

14.

TABLED ITEMS

14a.

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

 

14b.

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

 

14c.

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

Attachments

No action taken

 

14d.

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

 

14e.

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

 

14f.

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

Motion Lukes - Request to take item off the Table - Approved & Order read Motion Petty - Request to amend to add 2008 - Approved Order adopted as amended

 

14g.

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

 

14h.

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

 

14i.

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

 

14j.

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

 

14k.

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

 

15.

SUSPENSION OF RULES

15a.

Motion Clancy @ #6a CC - Request City Auditor report to City Council the best and worst case scenarios with regard to pension costs and the impacts to the FY 2010 budget.

Attachments

Order adopted

 

15b.

Motion Toomey @ #12a CC - Request City Manager contact Congressman McGovern's representatives and request that he contact all the Congressional New England Representatives and request support and advocacy to eradicate the Asian Longhorned Beatle.

Attachments

Order adopted

 

15c.

PETITION - Councilor William J. Eddy request sidewalk repair on the Kensington Rd side of 884 Pleasant St.

Attachments

Referred to Public Works Committee

 

15d.

PETITION - Councilor Joffrey A. Smith request to amend the winter parking ban in the vicinity of 661 Millbury St.

Attachments

Referred to Traffic and Parking Committee

 

15e.

PETITION - Councilor Joffrey A. Smith request sidewalk repair on the Barry Rd. side of 14 Birchwood Rd.

Attachments

Referred to Public Works Committee

 

15f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication requesting review, deliberation and adoption of amendments to Chapter Twelve, Snow Removal Ordinance and Chapter Fifteen, Fines and Penalties Ordinance: recommend passage of the accompanying two proposed Ordinances.

Attachments

Voted to advertise two proposed Ordinances on roll call vote of 11 Yeas & 0 Nays

 

15g.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager arrange to have a flyer inserted into each of the December, 2008 real estate tax bills that outlines the points in the beefed-up snow removal ordinance to all City of Worcester property owners.

Attachments

Order adopted

 

15h.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager report to City Council the mechanics of the involvement of the four groups that he has engaged to assist with the implementation of the beefed-up snow removal ordinance.

Attachments

Order adopted