CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 5, 2010

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:59 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 with the Mayor in the Chair

4.

SEATING DRAWN - CITY COUNCIL 2010-2011

5.

ADOPT RULES OF CITY COUNCIL 2010-2011- Rules adopted on a voice vote

6.

CAUSE THE PUBLISHING OF MANUAL FOR CITY COUNCIL 2010-2011 - Voted to publish on a voice vote

7.

ELECTION - CITY AUDITOR - THREE YEAR TERM - Councilor Rushton moved to nominate James DelSignore to a three year term as City Auditor, Councilor Toomey seconded the nomination, James DelSignore elected on a roll call vote of 11 Yeas and 0 Nays.

8.

ITEMS OF CITIZEN INTEREST

8a.

Mayor O'Brien requested a moment of silence in honor of the passing of Police Officer Mark Bisnette, a dedicated father, a veteran, and a valued member of the Worcester community.

 

8b.

Councilor Haller moved to suspend the rules to allow a citizen to speak - Approved Mayor O'Brien recognized Nat Needle who provide City Council with a musical tribute.

 

9.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

10.

PETITIONS

10a.

Richard Kerver, CIO of Worcester Energy Alliance request to amend the Zoning Ordinance Article IV-Use Regulations, Section 13 D (1)(a)(i) Wind Energy Conversion Facilities relative to the height requirements.

Attachments

Referred to Planning Board

 

10b.

Attorney Robert Branca on behalf of Roman Catholic Bishop of Worcester and J&M Batista Family Limited Partnership request the existing BL-1.0 zone at 845, 857 & 865 Main St. be extended to the end of their property line.

Attachments

Referred to Planning Board

 

10c.

Bill Walsh, Sr. request City Council to require a leash law for cats

Attachments

Referred to Public Health and Human Services Committee

 

10d.

Helen & Marion Stomski request abatement of street betterment assessment #24845 in the amount of $12,268.00 on Houghton St.

Attachments

Referred to Public Works Committee

 

10e.

Debra Dame request to install a drain across the street at 32 Lanesboro Rd.

Attachments

Referred to Public Works Committee

 

10f.

Heidi Reyna request Resident Permit Parking on Harrison St.

Attachments

Referred to Traffic and Parking Committee

 

10g.

Rosa Alarcon-Salazar request Resident Permit Parking for Strathmore Rd.

Attachments

Referred to Traffic and Parking Committee

 

10h.

Nikolin Vangjeli request resident permit parking in Oak Ave. from Kendall St. to Catharine St. between 6pm and 11pm Monday thru Friday except Holidays.

Attachments

Referred to Traffic and Parking Committee

 

10i.

Albert Sam request handicap parking space in front of 7 Gates St.

Attachments

Referred to Traffic and Parking Committee

 

10j.

Fai Tayu request to remove handicap parking space in front of 23 Courtland St.

Attachments

Referred to Traffic and Parking Committee

 

10k.

Katherine Walsh request handicap parking space in front of 111 Grand View Ave.

Attachments

Referred to Traffic and Parking Committee

 

11.

COMMUNICATIONS OF THE CITY MANAGER

 

11.1

APPOINTMENTS
Non-City Council Confirmation
 

11.2

APPOINTMENTS
City Council Confirmation
A.

Request City Council Approval of the Appointment of Theresa Senckowski to the Community Development Advisory Committee.

Attachments

Confirmed on a roll call vote of 11 Yeas and 0 Nays

 
 

11.3

DEPARTMENT OF HUMAN RESOURCES
 

11.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to an Update on the Request For Proposals (RFP) for the Greenwood Street Landfill.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to Economic Development and Business Assistance Programs Available to Support New or Existing Businesses.

Attachments

Referred to Economic Development Committee and Public Health and Human Services Committee

 
C.

Transmitting Informational Communication Relative to an Update on the Disposition and Development of the Buildings at the Former Worcester Technical High School at Wheaton Square.

Attachments

Referred to Economic Development Committee

 
 

11.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

11.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
A.

Transmitting Informational Communication Relative to the Zoning Ordinance Amendment Package Related to Renewable Energy Facilities.

Attachments

Referred to Economic Development Committee Councilor Clancy moved to suspend the rules to allow reconsideration - Approved Reconsideration approved on a voice vote Placed on file

 
 

11.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

11.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

11.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

11.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

11.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

11.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the Department of Public Works and Parks (DPWP) Annual Christmas Gift Drive.

Attachments

Placed on file

 
 

11.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

11.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of November 2009.

Attachments

Referred to Public Works Committee

 
 

11.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

11.16

FIRE DEPARTMENT
A.

Respectfully Recommend that City Council Accept with Gratitude, a Donation in the Amount of Fifty Dollars and No Cents ($50.00) from the MA Association of Student Financial Aid Administrators, Inc. to the Worcester Fire Department.

Attachments

Order adopted with gratitude

 
 

11.17

POLICE DEPARTMENT
 

11.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

11.19

LICENSE COMMISSION
 

11.20

LAW DEPARTMENT
 

11.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

11.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

11.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

11.24

DIVISION OF PUBLIC HEALTH
A.

Request City Council Adoption of a Resolution to File and Accept a State Department of Public Health Partnership for the Enhancement for Regional Preparedness Grant.

Attachments

Resolution adopted

 
 

11.25

DIVISION OF ELDER AFFAIRS
 

11.26

WORCESTER PUBLIC LIBRARY
A.

Recommend that City Council Accept with Gratitude a Donation in the Amount of Thirty Six Thousand and Four Hundred Dollars ($36,400.00) from the George I. Alden Trust through the Worcester Public Library Foundation.

Attachments

Mayor O'Brien moved to suspend the rules to allow a citizen to speak - Approved Mayor O'Brien recognized Leslie Fish, a Worcester resident and a representative of the Worcester Public Library Foundation. Order adopted with gratitude

 
B.

Recommend City Council Accept with Gratitude a Donation in the Amount of One Thousand Dollars and No Cents ($1,000.00) from the Frank and Paula Schultz Trust to Support Library Services.

Attachments

Order adopted with gratitude

 
 

11.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Recommend City Council's Adoption of a Resolution to Accept Commonwealth of Massachusetts Homeless Prevention and Rapid Re-Housing Program Funding in the Amount of Two Million, Five Hundred Eighty Six Thousand, Eight Dollars and No Cents ($2,586,008.).

Attachments

Resolution adopted

 
B.

Transmitting Informational Communication Relative to the City's Reaffirmation as a "No Place for Hate" Community.

Attachments

Placed on file

 
 

11.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

11.29

PUBLIC SCHOOL DEPARTMENT
A.

Recommend that City Council Approve the Request of the School Committee, Pursuant to the Provisions of M.G.L. Chapter 30B, Section 12, to Authorize the Purchasing Director of the City of Worcester to Advertise and Award Contracts for Student Transportation Services, Subject to the Approval of the Worcester Public Schools and the City Manager, for a Term of up to Five Years.

Attachments

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

 
 

11.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

11.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

11.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

11.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

11.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

11.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Twenty Seven Thousand Two Hundred Nine Dollars And Twenty Cents ($27,209.20) be transferred from Account #91C711, Citywide Building Rehabilitation, to Account #26C706, Worcester Fire Department Building Rehabilitation, to fund expenses associated with the Providence Street Fire Station.

Attachments

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

 
B.

Recommend that Sixteen Thousand Dollars And No Cents ($16,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #04C745, Planning Capital Equipment, for the purchase of a color copier.

Attachments

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

 
C.

Recommend that Two Hundred Forty Thousand Dollars And No Cents ($240,000.00) be transferred from Loan Account # 91C784, Park Improvements, to Parks Account # 72C708, Knights of Columbus for work associated with the Access Road.

Attachments

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

 
D.

Recommend that Twenty Thousand Five Hundred Dollars And No Cents ($20,500.00) be transferred from Loan Account # 91C709, Worcester Common Rehab, to Parks Account # 72C706, Worcester Common Rehab for work associated with Worcester Common Rehabilitation.

Attachments

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

 
E.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C744, Off-Street Parking Rehabilitation, and be appropriated to DPW Account #46C703, Parking Lot Rehabilitation, to allow for payment of current and anticipated obligations.

Attachments

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

 
F.

Recommend that Twenty One Thousand Seven Hundred Forty Three Dollars And Twenty Eight Cents ($21,743.28) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of Central Garage equipment and an Engineering Division truck.

Attachments

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

 
G.

Recommend that Seventy Five Thousand Three Hundred Seventy Four Dollars And No Cents ($75,374.00) be transferred from Loan Account #91C734, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of capital equipment.

Attachments

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

 
 

11.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #670-91000, Assessing Personal Services, and be appropriated to Account #670-92000, Assessing Ordinary Maintenance, to provide funding for a recently completed software conversion.

Attachments

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

 
B.

Recommend that Thirty Five Thousand Seven Hundred Twelve Dollars And Ten Cents ($35,712.10) in CDBG prior year unexpended balances be transferred from various accounts and be appropriated to various accounts to provide funding for project costs associated with the completion of the Gardner Kilby Hammond Neighborhood Revitalization Initiative.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays Councilor Palmieri moved to request to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 1 Nay (Yeas - Clancy, Eddy, Germain, Lukes, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Nay - Haller) Reconsideration approved on a roll call vote of 9 Yeas and 2 Nays (Yeas - Clancy, Eddy, Lukes, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Nays - Germain, Haller) Tabled Under Privilege - Palmieri

 
C.

Recommend that Eight Hundred Fifty One Thousand Twenty Three Dollars And Seventy Five Cents ($851,023.75) be transferred to and from various accounts to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2010.

Attachments

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

 
 

11.37

FINANCE ITEMS
Prior Year
A.

Recommend that One Hundred Ten Dollars And No Cents ($110.00) be reappropriated to Account #7204-92000, Forestry Ordinary Maintenance, to allow contractual obligations for license reimbursements be met with Fiscal 2009 Funds.

Attachments

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

 
 

11.38

FINANCE
Loan Orders
 

11.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Schedule and Locations for Worcester Residents to Drop Off Their Holiday Trees.

Attachments

Placed on file

 
12.

COMMUNICATION

12a.

Mayor-Elect Joseph C. O'Brien transmitting a communication relative to the 2010 City Council Meeting Schedule.

Approved

 

13.

TO BE ORDAINED

13a.

Amending the Worcester Zoning Ordinance adopted April 2, 1991, relative to Wind Energy Conversion Facilities, Renewable and Alternative Energy.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent) Vice-Chairperson Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (O'Brien absent)

 

13b.

Amending the Montvale Historic District by the adoption of a new map enlarging the district.

Attachments

Mayor O'Brien moved to recuse City Clerk David J. Rushford at his request - Accepted - The City Clerk left the Chamber and Councilor Clancy was appointed as temporary Clerk and assumed that duty for this item only. Councilor Palmieri moved to table the item - Approved Tabled

 

14.

TABLED ITEM

14a.

Order Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD (Tabled - Eddy October 20, 2009)

Attachments

No action taken

 

15.

SUSPENSION OF RULES

15a.

Motion Lukes @ #11.4B CM - Request City Manager report as to whether the job creation requirement could be eliminated from the Storefront Improvement Program and the Fašade and Awning Incentive Program.

Attachments

Order adopted

 

15b.

Motion Clancy @ #11.4B CM - Request City Manager report to City Council how the administration plans to inform the business community on Blackstone River Road of the various improvement programs as well as informing these businesses on how to access funding for these improvements thru local banks.

Attachments

Order adopted

 

15c.

Motion Clancy @ #11.4B CM - Request City Manager report as to whether more banks could be encouraged to offer loans, similar to the fašade program, for targeting businesses along the city's major corridor streets.

Attachments

Order adopted

 

15d.

Motion Lukes @ #11.4C CM - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area.

Attachments

Referred to Economic Development Committee

 

15e.

Motion Lukes @ #11.4C CM - Request City Manager submit a report on plans for more diverse housing in the city, with an emphasis on downtown Worcester, giving a priority to developers who do not depend wholly on public funding and therefore restrictive deeds and restrictive requirements for lease or purchase of housing.

Attachments

Order adopted

 

15f.

Motion Haller @ #11.4C CM - Request City Manager provide City Council with the City's current housing policy.

Attachments

Order adopted

 

15g.

Motion Clancy @ #11.4C CM - Request City Manager provide City Council with a report previously submitted to City Council relative to the housing stock in city.

Order adopted

 

15h.

Motion Clancy @ #11.4C CM - Request City Manager provide a report relative to an update on the Chevalier building.

Attachments

Order adopted

 

15i.

Motion Toomey @ #11.4C CM - Request City Manager report to City Council with the developer's definition of what the market-rate rents might be for the Wheaton Square developments on parcels A, B and C.

Attachments

Order adopted

 

15j.

Motion Lukes @ #11.4C CM - Request City Manager provide City Council, prior to taking any final action, with a recommendation for the disposition of parcel A at Wheaton Square to allow City Council review.

Attachments

Order adopted

 

15k.

Motion Haller @ #11.29A CM - Request the Administration of the Worcester Public Schools respond whether or not there is any opportunity to involve the WRTA in the busing of students.

Attachments

Order adopted

 

15l.

Motion Petty - Under Suspension of Rules - Request City Manager provide a report relative to Direct Air and the activities at the airport over the past two weeks including recommendations for improvements.

Attachments

Order adopted

 

15m.

Motion Lukes - Under Suspension of Rules - Request City Manager provide a report relative to security measures in place at the Worcester Regional Airport.

Attachments

Order adopted

 

15n.

Motion Smith - Under Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks investigate non-working fire hydrant in vicinity of 11 Monadnock Road.

Attachments

Order adopted

 

15o.

Motion Toomey - Under Suspension of Rules - Request the City Manager request the Fire Chief report to City Council as to what the impact will be to the Fire Department's Fire Response Plan since the closing of the fire station in the town of Shrewsbury on Route 20.

Attachments

Order adopted