CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 15, 2008

Council Chamber

Convened: 7:10 P.M.

Adjourned: 9:17 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 - ALEXANDRA MILLS

3.

ROLL CALL - All present and the Mayor in the Chair

4.

HEARINGS & ORDERS

4a.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: MILL ST. approximately 130 feet south of the centerline of the intersection of Midgley Ave.

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: MILL ST. approximately 130 feet south of the centerline of the intersection of Midgley Ave.

Attachments

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

 

4b.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND INC for joint or identical pole location in: MILL ST. approximately 195 feet southwest of the center line of the intersection of Mill Pond Rd. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND INC for joint or identical pole location in: MILL ST. approximately 195 feet southwest of the center line of the intersection of Mill Pond Rd.

Attachments

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

 

4c.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: WIGWAM AVE.

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: WIGWAM AVE.

Attachments

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

 

5.

ITEMS OF CITIZEN INTEREST

5a.

The Mayor read a proclamation proclaiming April 16, 2008 as National Start Walking Day in Massachusetts. Mayor Lukes requested Councilor Rosen to present the proclamation to a representive of the National Heart Association who addressed City Council.

 

5b.

Motion Mayor Lukes: Request to Suspend the Rules to allow Councilor Palmieri to speak to City Council relative to the expansion of the Montvale Historic District. - Approved

Motion Mayor Lukes: Request to recuse City Clerk, David J. Rushford, at his request. - Approved on a roll call vote of 11 Yeas and 0 Nays.

Councilor Palmieri informed City Council of an agreement in principal with all the interested parties involved in the expansion of the Montvale Historic District and he requested time to allow this agreement to develop which will resolve all conflicting issues concerning this expansion.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

David Forsberg, Partner of Gateway Park LLC, request to change the street name of Gateway Park St. to Washburn Way.

Attachments

Referred to Public Works Committee

 

7b.

Steve & Kelly Gopoyan request to install a "Slow Children" signs in the vicinity of 22, 23, 34, 35 & 45 Hickory Dr.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Stephen O'Neil, Administrator of the WRTA, on behalf of David Pinkerton request bus stop sign be erected on the west and east sides of Plantation St. at 377 Plantation St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Councilor Philip P. Palmieri request installation of no parking in the east side of Oriol Dr. from the parking lot entranceway at the rear of 591 Lincoln St. to the corner of Lincoln St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint or identical pole location in: KENNEBEC ST.

Attachments

Hearing set for April 29, 2008 - 7:00 P.M.

 

7f.

Cheryl DelSignore request to speak before City Council concerning the budget for Worcester Public Schools.

Attachments

Motion Clancy: Request to Suspend the Rules to allow the Petitioner to speak - Approved Placed on file

 

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
Airport Division
A.

Transmitting Informational Communication Relative to the Norwood Flight Center and Skyline Flight Charter Service Beginning Operations at Worcester Regional Airport.

Attachments

Referred to Public Service and Transportation Committee

 
B.

Recommend City Council Adoption of Two (2) Resolutions to Apply For and Accept Grants from the Federal Aviation Administration (FAA) and the Massachusetts Aeronautics Commission (MAC) for the Construction of an Engineered Material Arresting System (EMAS).

Attachments

Tabled Under Privilege - Clancy

 
C.

Recommend City Council Adoption of Two (2) Resolutions to Apply for and Accept Grants from the Federal Aviation Administration (FAA) and the Massachusetts Aeronautics Commission (MAC) for Runway Reconstruction at Worcester Regional Airport.

Attachments

Tabled Under Privilege - Clancy

 
 

8.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
A.

Transmitting Informational Communication Relative to the Government Channel Program Guide.

Attachments

Referred to Public Service and Transportation Committee

 
 

8.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
A.

Transmitting Informational Communication Relative to FY09 Health Insurance Changes.

Attachments

Referred to Municipal Operations Committee

 
 

8.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to an Update on the Washington Square Development Process.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to the Request for Proposals (RFP) for a Master Lessee of the Commercial Space at the Union Station Parking Garage.

Attachments

Referred to Economic Development Committee

 
C.

Transmitting Informational Communication Relative to the Gardner Kilby Hammond (GKH)Project 108 Debt Service Obligation.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
A.

Transmitting Informational Communication Relative to Chapter 43D Expedited Permitting.

Attachments

Placed on file

 
 

8.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean Report for the Month of February 2008.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to a Neighborhood Clean-Up in the Canal District Neighborhood.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to National Grid's Petition for a Cable and Conduit System in Plantation Street, Clarendon Street and Almont Street.

Attachments

Referred to Public Works Committee

 
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to a Public Hearing on Updating the Master Plan for Logan Field.

Attachments

Placed on file

 
B.

Recommend City Council Adoption of a Resolution to Accept with Gratitude a Donation of Five Hundred Dollars ($500.00) from the South High Community School Academy of Education, Service and Government.

Attachments

Resolution adopted with gratitude

 
 

8.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

8.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
 

8.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

8.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Request City Council Review, Deliberation, and Adoption of a Resolution to File and Accept a U. S. Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership (BVP) Grant.

Attachments

Resolution adopted

 
 

8.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

8.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
A.

Transmitting Informational Communication Relative to Recent Neighborhood Sweeps Conducted by the Problem Property Resolution Team.

Attachments

Placed on file

 
 

8.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

8.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Transmitting Informational Communication Relative to the Results of a Survey Given to Senior Center Participants.

Attachments

Referred to Public Health and Human Services Committee

 
B.

Transmitting Informational Communication Relative to the Presentation of the Ruth Robinson Award to Elizabeth Connell, Assistant Director of Elder Affairs from the Commonwealth's Department of Mental Health.

Attachments

Placed on file

 
C.

Recommend Adoption of a Resolution to Apply for and Accept an Annual Renewal Grant from the Central Massachusetts Agency on Aging.

Attachments

Resolution adopted

 
D.

Recommend City Council Accept with Gratitude a Gift of a Piano from Dr. and Mrs. Satya Mitra for the Worcester Senior Center.

Attachments

Order adopted with gratitude

 
 

8.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

8.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

8.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
 

8.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

8.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.27

PUBLIC SCHOOL DEPARTMENT
 

8.28

LAW DEPARTMENT
Legal Division
A.

Recommend City Council's Adoption of an Ordinance Amendment Relative to Junk Dealers and Dealers in Second-Hand Articles.

Attachments

Motion Smith: Request to be recused - Approved on a roll call vote of 10 Yeas and 0 Nays. Referred to Municipal Operations Committee

 
 

8.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Three Thousand Dollars And No Cents ($43,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #11C703, Alderman Chamber Rehabilitation, to allow for anticipated invoices, as approved in the Fiscal Years 2006 and 2007 Capital Improvement Programs.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
 

8.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Five Thousand Eight Hundred Ninety Seven Dollars And Ninety Seven Cents ($5,897.97), currently available in Account # 270-91000, Communications Personal Services, be re-appropriated to the Director of Communications salary.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
B.

Respectfully request City Council approval to establish a revolving account entitled "Problem Property Review Team Revolving Fund" with a limit of Fifty Thousand Dollars And No Cents ($50,000.00), pursuant to Chapter 44 Section 53E 1/2 of the MGL.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
C.

Recommend that Recommend City Council Approval to Transfer Ninety Three Thousand Dollars And No Cents ($93,000.00) from Account # 470-91000 Airport Personal Services and be appropriated to Account # 470-92000 Airport Ordinary Maintenance to pay for emergency repairs of the runway at the Worcester Regional Airport.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
D.

Recommend that Nine Hundred Fifteen Dollars And Twenty Cents ($915.20) be transferred from Account #560-92000, Regional Library Ordinary Maintenance, and appropriated to Account #560-91000, Regional Library Salary Account, to fund the cost of living increase instituted on January 1, 2008 for non-represented employees.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
 

8.36

FINANCE ITEMS
Prior Year
 

8.37

FINANCE
Loan Orders
 

8.38

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication and Invitation to a Rail Summit to be Held on Friday, May 9, 2008 at the DCU.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Worcester Regional Transit Authority Northwest Flex Route Option.

Attachments

Referred to Public Service and Transportation Committee for the April 16, 2008 committee meeting.

 
9.

COMMUNICATIONS

9a.

James A. DelSignore, City Auditor, transmitting the March 2008 Auditor's Report.

Attachments

Referred to Finance Committee

 

9b.

James A. DelSignore, City Auditor, transmitting communication relative to the Health Insurance Trust Fund accounts for the City's self-insurance pool.

Attachments

Referred to Municipal Operations Committee

 

9c.

Department of Public Utilities transmitting NStar Gas Company's Condensed Financial Return for the Year Ended December 31, 2007.

Attachments

Placed on file

 

10.

LOAN ORDER TO BE ADOPTED

10a.

That the Loan Order of this Council adopted on September 26, 2006, as amended on July 17, 2007, which authorized the borrowing of the sum of Four Million Seven Hundred Three Thousand Dollars and No Cents ($4,703,000.00), for the purposes of citywide building rehabilitation and street construction is hereby amended in its entirety to read as follows:

That the sum of Four Million Two Hundred and Three Thousand Dollars ($4,203,000.00) be appropriated to Account #91C711, Citywide Building Rehabilitation, for the purpose of making improvements to citywide buildings, and for the payment of all costs including the costs incidental and related thereto.

That the sum of Five Hundred Thousand Dollars ($500,000.00) be appropriated to Account #91C741, Street Construction, for the purpose of resurfacing citywide streets, and for the payment of all costs including the costs incidental and related thereto.

Attachments

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

 

11.

TABLED ITEMS

11a.

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

 

11b.

COMMUNICATION - Michael V. O'Brien, 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

 

11c.

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

Attachments

No action taken

 

11d.

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

 

11e.

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

 

11f.

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

 

11g.

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

 

11h.

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

 

12.

SUSPENSION OF RULES

12a.

Motion Eddy @ #8.3B & 8.3C CM - Request City Manager provide City Council with a report as to what the city would owe the Federal Aviation Administration (FAA) and the Federal government should the airport cease to operate as a commercial airport and what would the timelines would be for repayment of these funds.

Attachments

Order adopted

 

12b.

Motion Clancy @ #8.3B & 8.3C CM - Request City Manager provide City Council with an update concerning negotiations with MassPort relative to the sale of the airport. Further, request the report include whether upping the debt ante by accepting grants impact our negotiations for sale with MassPort.

Attachments

Order adopted

 

12c.

Motion Rushton @ #8.6A CM - Request City Manager provide City Council with the current conventional health insurance plan so it could be used to compare to the new health insurance product.

Attachments

Order adopted

 

12d.

Motion Rushton @ #8.6A CM - Request City Manager provide City Council with the formula used to arrive at the figures for the net annual savings of retirees on BCBS MEDEX plan in deductibles/co-payments.

Attachments

Order adopted

 

12e.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manger requesting City Council advertise a General Ordinance relative to Expedited Permitting for Priority Development Sites: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

12f.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Communication of the City Manager transmitting a Dynamic Expedited Zoning Ordinance Amendment to comply with provisions of Chapter 43D of the Massachusetts General Laws: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

12g.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting a Dynamic Expedited Zoning Ordinance Amendment to Comply with Provisions of Chapter 43D of the Massachusetts General Laws: recommend Communication be placed on file.

Attachments

Accepted

 

12h.

Motion Toomey - @ #8.12A CM - Request City Manager provide a report comparing the number of abandoned vehicles for this year and last year.

Attachments

Order adopted

 

12i.

Motion Clancy - @ #8.19A CM - Request City Manager request the Problem Property Resolution Team consider the area from Columbia St. to Fox St. to Jefferson St. to Arlington St. for a neighborhood sweep.

Attachments

Order adopted

 

12j.

Motion Rushton - @ #9a CC - Request City Auditor provide City Council with a breakdown of operating expenses for the Health Insurance Trust Fund as shown in Item #9a of the City Council calendar for April 15, 2008.

Attachments

Order adopted

 

12k.

Motion Toomey - Suspension of Rules - Request the Mayor recognize and commend the students at Burncoat High School for their music program and robotics program. They were presented with a Johnson and Johnson Gracious Professionalism award for outstanding sportsmanship and continuous gracious professionalism in the heat of competition for both on and off the field.

Attachments

Order adopted

 

12l.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report on number of arrests, calls for disturbances, and related public safety incidents associate with La Raza Restaurant & Nightclub on Cambridge St. Further, request report span at least one year.

Attachments

Order adopted

 

12m.

Motion Haller - Suspension of Rules - Request City Manager investigate installing surveillance cameras at the parking lot of La Raza restaurant on Cambridge St. and along Sargent St. near Lamartine St. where there is serious and continual illegal dumping.

Attachments

Order adopted

 

12n.

Motion Petty - Suspension of Rules - Request City Manager request Charter Communications explain exactly what needs to be done by Jan 2009, if anything, by residents when television switches from analog to digital.

Attachments

Order adopted

 

12o.

PETITION - Councilor Philip P. Palmieri request to resurface the basketball courts at Holland Rink.

Attachments

Referred to Youth, Parks and Recreation Committee

 

12p.

PETITION - Mayor Konstantina B. Lukes on behalf of Cliff Goodwin request to rescind resident parking on West St. at the intersection of West St. and Institute Rd.

Attachments

Referred to Traffic and Parking Committee