CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 13, 2010

Esther Howland Chamber

Convened: 7:12 P.M.

Adjourned: 10:09 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 Councilors Clancy and Haller and with the Mayor in the Chair. Councilor Haller arrived at 7:17 P.M.

4.

FIRST ITEM OF BUSINESS - TABLED UNDER PRIVILEGE

4a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager responding to City Council's request to amend the Zoning Ordinance relative to an inclusion of a temporary moratorium on the erection, enlargement and relocation of wall illuminated, digital and non-accessory signs. (Tabled - Lukes April 7, 2010)

Attachments

Councilor Lukes moved to hold the item a second time Under Privilege - Denied on a roll call vote of 2 Yeas (Lukes, Germain) and 8 Nays (Eddy, Haller, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Clancy absent) Councilor Smith move to File the item - Approved to Place on File on a roll call vote of 8 Yeas (Eddy, Haller, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) and 2 Nays (Lukes, Germain) (Clancy absent) Councilor Toomey moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 9 Yeas (Eddy, Haller, Germain, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) and 1 Nay (Lukes) (Clancy absent) Reconsideration denied on a roll call vote of 2 Yeas (Lukes, Germain) and 8 Nays (Eddy, Haller, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) (Clancy absent) Placed on File

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor O'Brien read a Proclamation declaring Tuesday, April 20, 2010 as Equal Pay Day in Worcester and presented the proclamation to Dina Tedeschi and Dr. Karen Fine, representatives of the local Chapter for the National Committee for Pay Equity.

Attachments

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Kimberly Abraham request private street conversion of Swan Ave. from Mill St. to Outlook Dr.

Attachments

Referred to Planning Board

 

7b.

Andrew Cariglia, Director of Buildings & Grounds for the American Antiquarian Society, request sidewalk sections be replaced from the right corner of the driveway at 190 Salisbury St. to the bottom of Salisbury St. and Park Ave.

Attachments

Referred to Public Works Committee

 

7c.

Andrew Cariglia, Director of Buildings & Grounds for the American Antiquarian Society, request broken sidewalk sections be replaced to the left and right of the driveway at 185 Salisbury St. off Regent St. leading to the front entrance.

Attachments

Referred to Public Works Committee

 

7d.

Trevor McCarthy request street resurfacing for Commonwealth Ave. between Hamilton St. and Crawford St.

Attachments

Referred to Public Works Committee

 

7e.

Gautam Sharma request resurfacing of Oriol Dr.

Attachments

Referred to Public Works Committee

 

7f.

Damien Jacob request to remove the incomplete mono-pole structures on city owned sidewalks dotting the length of north Main St.

Attachments

Referred to Public Works Committee

 

7g.

Richard Rene request repaving of sidewalk in front of 12 Berkshire St.

Attachments

Referred to Public Works Committee

 

7h.

Pammi Cassanelli request speed limit signs in Ledgecrest Dr., Beatrice Dr., and Goddard Memorial Dr.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Gerald Leonard request to install a crosswalk at the end of I-290 Shrewsbury St. Off Ramp near the VIA Restaurant.

Attachments

Referred to Traffic and Parking Committee

 

7j.

Sarah Erlich request resident permit parking in Flower Hill Dr.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reappointments of Kathleen Gervais and Mable Millner to the Human Rights Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Nancy Kudzal to the Citizens Advisory Council.

Attachments

Confirmed on a roll call vote of 9 Yeas and 0 Nays (Clancy, Toomey absent)

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
 

8.5

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

Transmitting Informational Communication Relative to the Beacon/Federal Neighborhood Revitalization Plan.

Attachments

Referred to Economic Development Committee

 
 

8.6

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

Recommend City Council's Adoption of Appendix 102.AA of the Massachusetts State Building Code ("Stretch" Energy Code).

Attachments

Referred to Economic Development Committee

 
 

8.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

8.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
A.

Recommend Adoption of a Resolution to File and Accept a U.S. Department of Labor State Energy Sector Partnership Grant for Dislocated Workers.

Attachments

Resolution adopted

 
 

8.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

8.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

8.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

8.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Reports for the Months of January and February 2010.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Communication Relative to an Update on the Abandoned Vehicle Removal Program.

Attachments

Referred to Public Works Committee

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.16

FIRE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to Accept a Mass Decontamination Unit (MDU) Grant Award in the Amount of Six Thousand Dollars and No Cents ($6,000.00) from the Massachusetts Executive Office of Health and Human Services, Department of Public Health.

Attachments

Resolution adopted

 
 

8.17

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to Crime Statistics in the City for 2009.

Attachments

Referred to Public Safety Committee

 
B.

Transmitting Informational Communication Relative to the City's Taxi/Livery Services.

Attachments

Mayor O'Brien moved to suspended the rules to allow speakers: 1. Samuel Rosario, representative of the livery companies (presented 32 sheets of signatures) 2. William Clarke, representative of the taxi industry Councilor Lukes moved to File the item - Withdrawn Councilor Eddy moved for a resolution as follows: That the City Council, having considered the same, resolves that the current practices as outlined in the enclosed memo be and are hereby supported. Communication Accepted and Resolution adopted on a roll call vote of 10 Yeas (Eddy, Germain, Haller, Lukes, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) Yeas and 0 Nays (Clancy absent)

 
 

8.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.19

LICENSE COMMISSION
 

8.20

LAW DEPARTMENT
 

8.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.24

DIVISION OF PUBLIC HEALTH
A.

Transmitting Informational Communication Relative to the City's Response and Action Plan to the H1N1 Influenza Virus.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Public Health Hazard Created by Canadian Geese.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.25

DIVISION OF ELDER AFFAIRS
A.

Recommend that City Council Accept with Gratitude a Donation of One Hundred Dollars ($100.00) from the Vietnam Veterans for the Community.

Attachments

Order adopted with gratitude

 
 

8.26

WORCESTER PUBLIC LIBRARY
 

8.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

8.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.29

PUBLIC SCHOOL DEPARTMENT
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C714OA, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Stations to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
B.

Recommend that Six Thousand One Hundred Twenty Seven Dollars And No Cents ($6,127.00) be transferred when and as received from Loan Account #91C731, Capital Equipment, and be appropriated to Water Account #45C730, Capital Equipment to allow for the purchase and future payment of this equipment per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
C.

Recommend that Nine Thousand Nine Hundred Ninety Dollars And No Cents ($9,990.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C719, Planning and Community Development, to fund ongoing remediation at the former City Hospital site, as approved in the Fiscal Year 2007 Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
D.

Recommend that Eight Thousand Dollars And No Cents ($8,000.00) be transferred when and as received from Loan Account #91C731OA, Capital Equipment, and be appropriated to Water Account #45C703, Capital Equipment to allow for the purchase and future payment of this lawn tractor per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
E.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70204, Greenhill Landfill, for the purpose of paying contractually obligated invoices.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
F.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Account #91C766, Blackstone Visitor's Center, and be appropriated to Account #04C752, Blackstone Visitor's Center, to provide funding for the demolition of the Rome Building; the proposed site of the Blackstone Visitor's Center site.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
G.

Recommend that Sixty One Thousand Seven Hundred Dollars And No Cents ($61,700.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70201, Aquatic Facilities, for anticipated invoices for the Crompton Park Pool Complex.

Attachments

Order adopted on a roll call vote of 8 Yeas and 1 Nay (Yeas - Eddy, Germain, Haller, Lukes, Petty, Smith, Toomey, O'Brien) (Nay - Rushton) (Clancy, Palmieri absent)

 
 

8.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Account #14SSFD33, Finance Salary, and be appropriated to Account #14S43233, Main South NRSA, to provide funding assistance to the Ha-Tien Market at 892 Main Street which was severely damaged by fire.

Attachments

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

 
B.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from DPW Account #41040302-92120, Sanitation O.M., and be appropriated to DPW Account #410311-92203, Street Patching - Potholes to allow for the purchase and payment of this much needed street patching material.

Attachments

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

 
C.

Recommend that One Hundred Fifty Four Thousand Four Hundred Forty One Dollars And Ninety Four Cents ($154,441.94) be transferred from Account #55S621, Pilot Donation, and be appropriated to various Public Library accounts to provide funding for the remainder of Fiscal Year 2010.

Attachments

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

 
D.

Recommend that One Hundred Twelve Thousand Dollars And No Cents ($92,000.00) be transferred from Account #172-96000, Unemployment Compensation, and be appropriated to Account #170-92000, Human Resources Ordinary Maintenance, to fund expenses related to labor relation arbitration and litigation for the remainder of Fiscal Year 2010.

Attachments

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

 
 

8.37

FINANCE ITEMS
Prior Year
 

8.38

FINANCE
Loan Orders
 

8.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to Wheels to Water Program.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Transmitting Informational Communication Relative to Public Safety Stimulus Funds.

Attachments

Councilor Germain moved to request the mayor allow a person to speak - Mayor O'Brien suspended the rules and recognized Stephen Gunnerson, President of the Patrolmen's Union. Referred to Public Safety Committee

 
C.

Transmitting Informational Communication Relative to CSX.

Attachments

Referred to Joint Public Works and Public Service & Transportation Committee

 
9.

TABLED UNDER PRIVILEGE

9a.

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.: recommend adoption of the accompanying four (4) Orders. (Tabled - Haller April 7, 2010)

Attachments

Councilor Haller moved to hold the item a second time Under Privilege - Denied on a roll call vote of 3 Yeas (Haller, Lukes, Petty) and 6 Nays (Eddy, Germain, Rushton, Smith, Toomey, O'Brien) Report Accepted and Four (4) Orders adopted - Reconsideration filed by Councilor Haller

 

10.

TABLED ITEMS

10a.

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

Attachments

No Action Taken

 

10b.

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

 

11.

SUSPENSION OF RULES

11a.

Motion Petty @ #8.17B CM - Request City Manager provide City Council with a report relative to rules concerning out-of-town taxies operating within the city limits.

Attachments

Order adopted

 

11b.

Motion Germain @ #8.17B CM - Request City Manager provide a report concerning the type and number of violations issued to liveries.

Attachments

Order adopted

 

11c.

Motion Rushton @ #8.17B CM - Request City Manager request the Police Chief report to City Council how the 12 hour rule was arrived at when drafting livery rules.

Attachments

Order adopted

 

11d.

Motion Petty @ #8.17B CM - Request City Auditor work with the cab companies to learn their response times and areas served with the proviso confidential data will be excluded.

Attachments

Order adopted

 

11e.

Motion Petty @ #8.17B CM - Request City Manager and the Mayor bring the issues of taxi and liveries to the attention of the state delegation to see if this could be addressed on a state wide basis.

Attachments

Order adopted

 

11f.

Motion Haller @ #8.17A - Request City Manager forward City Manager's communication #8.17A to each of the neighborhood associations across the city.

Attachments

Order adopted

 

11g.

Motion O'Brien @ #8.17A - Request City Manager inform City Council as to what has been the result to community impact, summer impact and community policing services division of WPD in light of the projected funding reductions.

Attachments

Order adopted

 

11h.

Motion O'Brien @ #8.17A - Request City Manager report to City Council the plans for this upcoming summer impact program.

Attachments

Order adopted

 

11i.

Motion O'Brien @ #8.17A - Request City Manager request the Police Chief report the number of officers assigned to a Friday night 3-11 tour for the past several years and compare this to the same shift during this current fiscal year.

Attachments

Order adopted

 

11j.

Motion Eddy @ #8.24B CM - Request City Manager provide a report to City Council concerning whether or not the city could afford to purchase a border collie for geese control and further, request report include costs for purchasing, housing, training and feeding this animal.

Attachments

Order adopted

 

11k.

Motion Toomey @ #8.24B CM - Request City Manager report as to whether the state hunting season for geese can be extended similar to the extension granted for hunting deer.

Attachments

Order adopted

 

11l.

Motion Lukes @ #8.24B CM - Request City Manager report how geese waste is cleaned up in the parks.

Attachments

Order adopted

 

11m.

Motion Lukes @ #8.36D CM - Request City Manager report the names and total amounts paid this fiscal year to outside attorneys for related labor relation arbitration and litigation.

Attachments

Order adopted

 

11n.

Motion Smith - Suspension of Rules - Request City Manager reduce the excessive signage adjacent to Indian Hill Park.

Attachments

Order adopted

 

11o.

Motion Petty and Palmieri - Suspension of Rules - Request City Manager review for street maintenance and repair the street drainage issues at 9 Locust Ave.

Attachments

Order adopted