CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 8, 2009

Esther Howland Chamber

Convened: 7:14 P.M.

Adjourned: 8:57 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

4.

HEARINGS & ORDERS

4a.

Hearing: MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location in: MOWER STREET

Granting permission to MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location in: MOWER STREET

Attachments

Hearing Held & Order Adopted

 

4b.

Hearing: MASSACHUSETTS ELECTRIC COMPANY for pole location in: PLANTATION STREET

Granting permission to MASSACHUSETTS ELECTRIC COMPANY for pole location in: PLANTATION STREET

Attachments

Hearing Held & Order Adopted

 

5.

FIRST ITEM OF BUSINESS - TABLED UNDER PRIVILEGE

5a.

Communication of the City Manager recommending approval to use Capital Funds to begin the Design Phase of a Public Swimming Pool Complex. (Tabled Under Privilege - Rushton September 1, 2009)

Attachments

Mayor Lukes moved to take the item off the table - Accepted Placed on file (see #11c CC)

 

6.

ITEMS OF CITIZEN INTEREST

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Klaus Michlmayr request sidewalk repair in front of 165 Highland St.

Attachments

Referred to Public Works Committee

 

8b.

Anne Healey request repair of sidewalk in front of 2 Saxon Rd.

Attachments

Referred to Public Works Committee

 

8c.

Councilor Paul P. Clancy, Jr. request sidewalk repair on Greenwood St. from Upsala St. to Strasburg Rd.

Attachments

Referred to Public Works Committee

 

8d.

Tre Brooks request to legalize marijuana in the City of Worcester.

Attachments

Referred to Rules and Legislative Affairs Committee

 

8e.

Philip Wierstak request to place "No Parking Anytime" signs from Lincoln St. fifty feet in on Gorham St. on either side of the road.

Attachments

Referred to Traffic and Parking Committee

 

8f.

John Malvey, President of Ed's Used Cars, request to post "No Parking" signs on the Piedmont St. side of 786 Main St.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Jean Maney and Evelyn Nabiswa request "No Parking Anytime" signs along Stafford St. to cover from the junction of Henshaw and Stafford Sts. to up to the end 154 Stafford St.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Carl Hagberg request crosswalk be installed on Mill St. in the vicinity of the WHA parking lot at 1050 Main St. for elderly crossing to Park Ave.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Councilor Paul P. Clancy, Jr. request Children Safety sign on Greenbush Rd.

Attachments

Referred to Traffic and Parking Committee

 

9.

ORDERS

9a.

Request the City Council's Standing Committee on Public Health and Human Services Committee hold a public hearing so that members of Worcester's disability community can voice their concerns about the challenges they face regarding such issues as accessible transportation, emergency preparedness, lack of housing, lack of activities for disabled youth, and pedestrian safety. (Rosen)

Attachments

Referred to Public Health and Human Services Committee

 

9b.

Request the City Council to ask the City Manager to consider building up to three (3) neighborhood sized pools using the $2.5 million in capital funding. Further, request the location of these three pools be determined by community input through hearings conducted by the City Council Standing Committee on Youth, Parks, and Recreation and/or City Council, which ever City Council deems appropriate. Selection of the locations will be determined in part by prioritizing placement of these pools in the neighborhoods with the greatest needs for access. Any unexpended monies to be used as leverage by a Task Force to match and supplement municipal resources in order to build, operate, and maintain additional affordable neighborhood-sized pools.(Rushton)

Attachments

Order denied on a roll call vote of 1 Yea and 10 Nays (Yea - Rushton) (Nays - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Smith, Toomey, Lukes) - (see #11c CC)

 

9c.

Request City Manager recommend an alternative plan for pool construction in the event that Crompton Park (Shine) pool concept can not be constructed in time for the 2010 summer season. Further, request City Manager consider the construction of at least one Pilot Spray facility for the 2010 summer season. (Lukes)

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Smith, Toomey, Lukes) (Nay - Rushton) - (see #11c CC)

 

9d.

Request City Manager provide a report relative to the status for the rehiring of the three (3) Public Health Nurses as approved during the FY2010 budget hearing. (Germain)

Attachments

Placed on file

 

10.

TABLED ITEMS

10a.

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

 

10b.

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

Attachments

No action taken

 

10c.

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

 

10d.

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

 

10e.

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

 

10f.

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

 

10g.

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

 

10h.

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

 

10i.

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

 

10j.

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

Attachments

No action taken

 

10k.

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Attachments

No action taken

 

11.

SUSPENSION OF RULES

11a.

COMMUNICATION - Michael V. O'Brien, City Manager, requesting City Council's review, consideration and adoption of an order to accept with gratitude a donation of a land easement abutting Lincoln St.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

11b.

COMMUNICATION - Michael V. O'Brien, City Manager, requesting City Council's review, consideration and adoption of the attached order of land taking on Lincoln St.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

11c.

Councilor Eddy moved to present the following Order on behalf of himself, Petty, Clancy, Lukes, Rosen, Haller, Smith, Germain @ #5a CC - Request City Manager implement an aquatics plan that consists of 5 pools, including state pools, and 5 spray parks to be developed over next 7 years. This plan will include the style of pool and estimated costs. It will also include funds to demolish existing pool sites. Further that capital funds allocated for pools this year be used to build a pool at Crompton Park. Further that the city manager will provide annual updates on the status of the plan.

Attachments

Mayor Lukes moved to take up collectively calendar items #9b, 9c, 5a and Councilor Eddy's motion relative to city swimming pools. Mayor Lukes moved to suspend the rules to allow two speakers relative to city swimming pools: 1. Kevin Ksen, Worcester resident 2. Rev. Kevin Bean, Worcester At the Conclusion of the debate/testimony Mayor Lukes moved for a vote of the motions on floor in the following order: 1. Councilor Eddy's Motion (see calendar item #11c CC) 2. Councilor Toomey's motion relative to funding for long term maintenance of city pools (see calendar item #11e CC) 3. Councilor Toomey's motion for funding of two pools (see calendar item #11d CC) 4. Calendar item #9b CC 5. Calendar item #9c CC 6. Calendar item #5a CC 7. Vote of Councilor Toomey's motion for funding of two pools (see calendar item #11d CC) Councilor Eddy's motion prevailed see below for roll call vote: Order adopted on a roll call vote of 8 Yeas and 3 Nays (Yeas - Clancy, Eddy, Germain, Haller, Petty, Rosen, Smith, Lukes) (Nays - Palmieri, Rushton, Toomey) Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 8 Yeas and 3 Nays (Yeas - Clancy, Eddy, Germain, Haller, Petty, Rosen, Smith, Lukes) (Nays - Palmieri, Rushton, Toomey) Reconsideration denied on a roll call vote of 3 Yeas and 8 Nays (Yeas - Palmieri, Rushton, Toomey) (Nays - Clancy, Eddy, Germain, Haller, Petty, Rosen, Smith, Lukes)

 

11d.

Motion Toomey @ #5a CC - Request City Manager to construct two pools for the 2010 summer season to be funded, but not-to-exceed, the $2.5 million identified by the City Manager's capital plan.

Attachments

Mayor Lukes moved to Place the item on File (since Councilor Eddy's motion prevailed) - Not Put Councilor Toomey moved to request a roll call vote - Accepted Order failed on a roll call vote of 3 Yeas and 8 Nays (Yeas - Palmieri, Rushton, Toomey) (Nays - Clancy, Eddy, Germain, Haller, Petty, Rosen, Smith, Lukes) (See item #11c CC)

 

11e.

Motion Toomey @ #5a CC - Request City Manager establish a committee for the purpose of creating a fund for public and private contributions that would support long-term staffing needs, maintenance and supplies for city pools.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy., Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Toomey, Lukes) (Nay - Eddy) (see item #11c CC)

 

11f.

PETITION - Councilor Paul P. Clancy, Jr. on behalf of Sandra Benham request installation of a “Blind Driveway” sign near 155 Heywood St.

Attachments

Referred to Traffic and Parking Committee

 

11g.

PETITION - Councilor Haller on behalf of Worcester Common Ground request to waive the betterment assessment and waive the bond for extending a city gravity sewer main approximately 850' from 9 May St. to the intersection of Main St. and King St.

Attachments

Adoption of the accompanying Order on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)