CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 20, 2008

Council Chamber

Convened: 7:18 P.M.

Adjourned: 8:44 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 except Councilor Petty and the Mayor in the Chair

4.

ITEMS OF CITIZEN INTEREST

4a.

After the Pledge of Allegiance, Mayor Lukes asked everyone in the Chamber to remain standing requesting a moment of silence in memory of Samuel DeSimone, a respected city attorney and dedicated resident of Worcester who passed away earlier in the day. Councilors Rushton, Clancy, Palmieri, Haller and Mayor Lukes spoke about Attorney DeSimone’s contributions to Worcester over the span of his career.

 

4b.

Councilor Rushton expressed his deepest appreciation and admiration for Senator Kennedy years of service to the Commonwealth and wished him a speedy recovery.

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Barbara & Wayne Adams request to install signs to pick up dog waste in various locations in Burncoat St. from Thorndyke Rd. north to Clark St. at the convenience store.

Attachments

Referred to Public Health and Human Services Committee

 

6b.

Idella Hazard request sidewalk repair in front of 75 Providence St.

Attachments

Referred to Public Works Committee

 

6c.

David Sadowski request City Council to authorize the construction of 170' of sanitary sewer, 8" main, in Svea St. from the end of the existing trunk to proposed new construction.

Attachments

Referred to Public Works Committee

 

6d.

Grace Claprood request sidewalk repair in front of 6 & 8 Hillsboro Rd.

Attachments

Referred to Public Works Committee

 

6e.

Barbara White on behalf of the Autumn Woods Neighborhood Watch Group request the city patch/repair sunken curb cuts where needed to meet ADA code on both sides Upland Gardens Dr.

Attachments

Referred to Public Works Committee

 

6f.

Angel Medina & Carmen Medina request abatement of street assessment #24659 in the amount of $8,427.42 for Chino Ave.

Attachments

Referred to Public Works Committee

 

6g.

James Soffan request City Council amend the re-naming of Southbridge St. so that the portion between Myrtle St. and Burnside Court remain Southbridge St.

Attachments

Referred to Public Works Committee

 

6h.

Samuel Aning et al request street repair of Vinson St. from Rodney St. to Everard St.

Attachments

Referred to Public Works Committee

 

6i.

Samuel Aning et al request street repair to Rodney St.

Attachments

Referred to Public Works Committee

 

6j.

Michael Butler request sidewalk repair in front of 6 Cardinal Rd.

Attachments

Referred to Public Works Committee

 

6k.

Barbara & Wayne Adams request to install Stop Signs at all streets intersecting the right side of Burncoat St. beginning at Monterey Rd. continuing north to Clark St. at the convenience store and Bluehill Rd. and King Philip Rd. on the left side of Burncoat St.

Attachments

Referred to Traffic and Parking Committee

 

6l.

Barbara Adams request bright yellow "Children Crossing" signs in Burncoat St. on both sides for Thorndyke Rd. Elementary School.

Attachments

Referred to Traffic and Parking Committee

 

6m.

Melanie Hayward et al request a "Go Children Slow" sign at the intersection of Trinity Ave. and Bryn Mawr Ave. and at the intersection of Trinity Ave. and Gaucher Ave.

Attachments

Referred to Traffic and Parking Committee

 

6n.

Antonio Rivera request to remove handicap parking space in front of 16 Channing St.

Attachments

Referred to Traffic and Parking Committee

 

6o.

Barbara White on behalf of the Autumn Woods Neighborhood Watch Group, request the City to move the existing 30mph signs to the poles with children signs on Upland Gardens Dr. at both the north and south ends of the street for better visibility by motorists.

Attachments

Referred to Traffic and Parking Committee

 

6p.

Barbara White on behalf of the Autumn Woods Neighborhood Watch Group request the city to re-stripe the existing six (6) crosswalks in Upland Gardens Dr.

Attachments

Referred to Traffic and Parking Committee

 

6q.

Barbara White on behalf of the Autumn Woods Neighborhood Watch Group request the city or appropriate party trim back brush on both corners of Upland Gardens Dr. and Upland St. to improve sight line and safety at the intersection.

Attachments

Referred to Administration

 

6r.

NATIONAL GRID & VERIZON NEW ENGLAND, INC . for joint pole location in:
WEST BOYLSTON ST.

Attachments

Hearing set for May 27, 2008 - 7:00 P.M.

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
 

7.2

APPOINTMENTS
City Council Confirmation
 

7.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

7.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
A.

Transmitting Informational Communication Relative to the Cable Television Advisory Committee's Review of Public, Educational and Government Access Programming.

Attachments

Referred to Public Service and Transportation Committee

 
 

7.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

7.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
 

7.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

7.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

7.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Respectfully Recommend City Council's Adoption of an Order of Taking for Watershed Preservation Land in the Town of Rutland.
Refer to CCM Item 7.35B

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Petty, Toomey absent) and Referred to Public Works Committee for informational purposes only

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

7.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

7.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Transmitting Informational Communication Relative to the Installment of Worcester Fire Chief Gerard Dio as President of the Fire Chiefs Association of Massachusetts.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Fire Recruit Class 2008-1 Graduation.

Attachments

Referred to Public Safety Committee

 
 

7.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

7.17

PUBLIC SAFETY DEPARTMENTS
Police Department
 

7.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

7.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
 

7.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

7.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Transmitting Informational Communication Relative to the Tenants and Leased Space in the Senior Center.

Attachments

Referred to Public Health and Human Services Committee

 
B.

Recommend that City Council Accept with Gratitude, the Donation of a New Lawn Mower for the Worcester Senior Center.

Attachments

Order adopted with gratitude

 
C.

Recommend that City Council Accept with Gratitude, the Donation of a Nintendo Wii for the Worcester Senior Center.

Attachments

Order adopted with gratitude

 
D.

Transmitting Informational Communication Relative to the Presentation of the Massachusetts Outstanding Older Americans Award to Rosemarie Highlands of the Division of Elder Affairs Senior Support Team.

Attachments

Placed on file

 
 

7.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

7.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

7.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Transmitting Informational Communication Relative to an Update on the Implementation of the Operation Yellow Box Initiative.

Attachments

Referred to Public Health and Human Services Committee

 
 

7.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend Adoption of a Resolution to Accept with Gratitude the Donation of a Statue of Major Taylor and $15,000.00 for Maintenance of said Statue to the Worcester Public Library by the Major Taylor Association.

Attachments

Resolution adopted with gratitude

 
 

7.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
A.

Transmitting Communication Relative to the City's Memorial Day Ceremonies

Attachments

Placed on file

 
 

7.27

PUBLIC SCHOOL DEPARTMENT
 

7.28

LAW DEPARTMENT
Legal Division
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Two Hundred Thousand Dollars and No Cents ($200,000.00) be transferred from Account #91C766, Blackstone Valley Visitors Center, and appropriated to Account #04C752, Blackstone Valley Visitors Center, to pay invoices associated with design services as well as Phase I clean up and installation of lighting at the Worcester Blackstone Visitor Center.

Attachments

Order adopted on a roll call vote of Nine Yeas and No Nays (Petty, Toomey absent)

 
 

7.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Four Thousand Fifteen Dollars And No Cents ($24,015.00) be transferred from Account #330-91101, Public Health Personal Services, and appropriated to Account #330-92000, Public Health Ordinary Maintenance, to fund expenses associated with the Animal Rescue League and telephone charges.

Attachments

Order adopted on a roll call vote of Nine Yeas and No Nays (Petty, Toomey absent)

 
B.

Recommend that Five Hundred Thousand Dollars and No Cents ($500,000) be transferred from Loan Account #91C702, Land Acquisition, and be Appropriated to Capitol Account #45C786, Land Acquisition to provide necessary funding for watershed land acqusition.
Refer to CCM Item 7.12A

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Petty, Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 9 Nays (Petty, Toomey absent)

 
 

7.36

FINANCE ITEMS
Prior Year
 

7.37

FINANCE
Loan Orders
 

7.38

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to Requests Made at the April 28, 2008 Standing Committee on Education Meeting.

Attachments

Referred to Education Committee

 
B.

Transmitting Informational Communication Relative to a Movie Being Filmed in the City.

Attachments

Referred to Economic Development Committee

 
C.

Request City Council Adopt the Attached Amendment to the CitySquare General Development Agreement.

Attachments

City Manager O'Brien provide City Council with a presentation and introduced Young Park who addressed City Council Referred to Economic Development Committee

 
D.

Recommend City Council's Adoption of a Resolution to Accept with Gratitude a Donation of $10,000.00 from the Attorney General's Office in Support of the City's Youth Initiatives.

Attachments

Resolution adopted with gratitude

 
E.

Transmitting Informational Communication Relative to Impact Area VIII.

Attachments

Referred to Public Safety Committee

 
8.

COMMUNICATION

8a.

Mayor Konstantina B. Lukes transmitting communication requesting adoption of an order accepting a gift from The Mayors’ Institute on City Design, a private organization funded by The National Endowment for the Arts, The United States Conference of Mayors and the American Architectural Foundation, to cover the travel, lodging, meals, conference admission and related expenses for the attendance of Mayor Konstantina B. Lukes at the Mayors’ Institute on City Design conference in Chicago from May 21 to May 23, 2008.

Attachments

Order adopted with gratitude

 

9.

TABLED ITEMS

9a.

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

 

9b.

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

 

9c.

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

Attachments

No action taken

 

9d.

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

 

9e.

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

 

9f.

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

 

9g.

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

 

9h.

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

 

10.

SUSPENSION OF RULES

10a.

Motion Palmieri - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks inspect the repaving of Greenhill Parkway and report to City Council as to the reasons for its deplorable condition after having been recently resurfaced.

Attachments

Order adopted

 

10b.

Motion Palmieri - Suspension of Rules - Request City Manager consider applying the $250,000 in potential airport savings for additional operating hours at the Main Public Library and provide City Council with a report relative to the effect this could have to the operation of the library.

Attachments

Order adopted

 

10c.

Motion Lukes - Suspension of Rules - Request City Manager report to City Council the impact of using the $250,000 in potential airport savings if applied towards water rates, streets and sidewalks.

Attachments

Order adopted

 

10d.

Motion Haller - Suspension of Rules - Request City Manager report on the early morning shooting incident on May 18, 2008 in the vicinity of the Alta Cafe and El Delicioso. Request report include information regarding paid details in the area and whether they were in place at the time of the incident. Additionally request report include the number of incidents in the area of Benefit St., Oread Place and Main St. over the past 6 months.

Attachments

Order adopted

 

10e.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council concerning issues relative to equity pay as it relates to gender issues in the management level of the administration before the end of Finance Committee's deliberation of the budget. (Clancy)

Attachments

Order adopted

 

10f.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Auditor provide City Council with a report concerning comparative salaries between the city and school administration before the end of Finance Committee's deliberation of the budget. (Clancy)

Attachments

Order adopted

 

10g.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request the City Council's Standing Committee on Municipal Operations review the salaries for the City Auditor and the Assistant City Clerks and report to City Council before the end of Finance Committee's deliberation of the budget. (Clancy)

Attachments

Order adopted and referred to Municipal Operations Committee

 

10h.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report inventorying the quality, condition and future needs for equipment at the Worcester Fire Department. (Rosen)

Attachments

Order adopted

 

10i.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council with periodic updates for solutions relative to decreasing the response times for emergency vehicles to the Salisbury St. area; including the possibility of using the Town of Holden as a resource for personnel and equipment and the siting of a new fire station. (Smith)

Attachments

Order adopted

 

10j.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a historical report before the end of the Finance Committee's budget deliberation regarding the reasons for not participating in a contract for locking a fixed rate for the purchasing of fuel. (Toomey)

Attachments

Order adopted

 

10k.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report regarding the analysis of costs, benefits and timeline for implementing wireless technology for city departments. (Smith)

Attachments

Order adopted

 

10l.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with the status of the pending legislation concerning surveillance cameras. (Palmieri)

Attachments

Order adopted

 

10m.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning the condition, design and functionality of the police headquarters building and its deficiencies as well as future needs for a new facility. Further, request the report include the cost of a precinct station. (Clancy, Haller)

Attachments

Order adopted

 

10n.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report regarding the breakdown of telephone calls to 911 as to the number that are true emergency calls and the number that are non emergency calls. (Rushton)

Attachments

Order adopted

 

10o.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report to City Council concerning the ability to apply inspection fines and costs for enforcement to the owners of problem properties, known as the green ticket legislation. (Haller)

Attachments

Order adopted

 

10p.

COMMUNICATION - Michael V. O'Brien, City Manager, submitting an amendment of the Fiscal Year 2009 Budget.

Attachments

Referred to Finance Committee