CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 16, 2008

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 9:06 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.

PRESENTATION

4a.

RESOLUTION - That the City Council of the City of Worcester hereby recognizes the longstanding contributions of State Senator Edward M. Augustus. (Petty)

Attachments

Mayor Lukes read the Resolution and Councilor Petty presented it to State Senator Augustus. The Mayor presented a Key to the City and the entire City Council and the City Manager offered words of gratitude and thanks for his service to the City. Senator Augustus thanked everyone for this honor and the opportunity to serve Worcester.

 

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Eric Loizeaux request No Parking signs, yellow curb paint and enforcement on the corner of Route 70 and Chino Ave.

Attachments

Referred to Traffic and Parking Committee

 

7b.

Barbara Nayak request to eliminate Two Hour Parking and install resident permit parking at 83 -87 Harding St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Barbara Nayak request handicap parking space in front of 83-87 Harding St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Betty Mardirosian request a traffic light at the intersection of Oak Ave. and Belmont St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Donald Nelson et al request crosswalks be placed on Forest St. at the intersections of Otsego Rd., Algonquin Rd., Wheeler Ave., Hancock Hill Dr. and Roseland Rd.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Ellen Jane Foley request a "Slow-Children Crossing" signs at all entrances of Rena St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Louise Houston, President of 9 - 9-1/2 Ames St. Condominium Trust, request resident permit parking for 9 Ames St.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Ronal Madnick on behalf of Real Solutions request the City Council request the City Manager report on the progress that has been made to end homelessness in the City of Worcester.

Attachments

Motion Lukes - Request request to suspend the rules to allow the Petitioner to speak - Approved - Petitioner addressed City Council. Referred to City Manager

 

7i.

Elizabeth Proko et al request City Manager and City Council approve of an ad-hoc committee to collect and evaluate solid facts and research to determine a fair and equitable plan and the feasibility of moving the City to a single tax rate within the next two years.

Attachments

Motion Petty - Request to suspend the rules to allow Petitioner to speak - Approved - Petitioner addressed City Council. Motion Haller - Request to Refer to Mayor and City Manager - Approved Referred to Mayor and City Manager

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reppointment of Ben Ogunjobi to the Community Development Advisory Committee.

Attachments

Reappointment confirmed on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

8.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.4

DEPARTMENT OF HUMAN RESOURCES
A.

Request City Council adoption of a Fiscal Year 2009 Salary Ordinance for Non-Represented Employees

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Germain, Toomey absent) Motion Lukes - Request reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Reconsideration denied on a roll call 0 Yeas and 10 Nays (Toomey absent)

 
 

8.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Appointment of Cultural Development Officer Erin Williams to the Commonwealth's Creative Economy Council.

Attachments

Placed on file

 
 

8.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

8.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Workforce Development Operations Division
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Central Massachusetts Regional Employment Board
A.

Recommend Adoption of a Resolution to File and Accept Funds from the Executive Office of Labor and Workforce Develoment Ex-offender Reentry Grant Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Youth Opportunities Division
 

8.11

OFFICE OF ECONOMIC DEVELOPMENT
Worcester Regional Airport Commission Division
 

8.12

OFFICE OF ECONOMIC DEVELOPMENT
Cable Services Division
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Recommend Adoption of Resolutions to Authorize LAND Grant Acquisitions for the Crow Hill Savannah & Moreland Woods Projects

Attachments

Two Resolutions adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Motion Lukes - Request 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.

 
 

8.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Recommend City Council's Adoption of the Attached Amendments to Chapter 5 Section 6 and Section 20 of the Revised Ordinances Relative to Sewer Capacity and Sewer Capacity Fee.

Attachments

Voted to advertise proposed ordinances on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

Transmitting Informational Communication Relative to the New Trench/Excavation Regulations.

Attachments

Referred to Public Works Committee

 
C.

Recommend Adoption of Resolution to Accept Central Region Homeland Security Advisory Council Funding for Debris Management Workshops.

Attachments

Resolution adopted

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Proposed Providence Street Playground.

Attachments

Placed on file

 
B.

Recommend City Council Adoption of a Resolution to Accept with Gratitude a Donation of One Thousand Two Hundred Dollars ($1,200.00) from Victory in Christ Worcester South Foursquare Church for the Purchase of Supplies, Maintenance Equipment and Services at Hope Cemetery.

Attachments

Resolution adopted with gratitude

 
 

8.16

FIRE DEPARTMENT
A.

Recommend City Council Adoption of the Attached Order Authorizing a Temporary Override of the Fire Department's Table of Organization to Include Two Additional Firefighter Positions.

Attachments

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

 
 

8.17

POLICE DEPARTMENT
 

8.18

DEPARTMENT OF COMMUNICATIONS
 

8.19

LICENSE COMMISSION
 

8.20

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.21

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.22

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

8.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

8.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Recommend that City Council Accept with Gratitude Donations Totaling Five Thousand Seven Hundred and Forty-Seven Dollars ($5,747.00) from the Friends of Worcester's Senior Center, Inc.

Attachments

Order adopted with gratitude

 
 

8.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

8.27

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

8.28

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
 

8.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend City Council Accept with Gratitude a Donation of Four Thousand Three Hundred and Sixty Five Dollars ($4,365.00) from the Worcester Public Library Foundation.

Attachments

Order adopted with gratitude

 
B.

Request to Accept a Donation of Six Hundred Dollars to the Victoria A. Trachtenberg Children's Reading Fund at the Worcester Public Library.

Attachments

Order adopted with gratitude

 
C.

Request to add Custodian to Table of Organization at Worcester Public Library

Attachments

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

 
 

8.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.31

PUBLIC SCHOOL DEPARTMENT
 

8.32

LAW DEPARTMENT
A.

Transmitting Informational Communication Relative to Snow Plowing on Gingerbread Trail.

Attachments

Referred to Public Works Committee

 
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Request City Council's Support in the City Assessor's Sponsorship of the Legislation to Correct Language in Section 3A of Chapter 60.

Attachments

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

 
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.35

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.36

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.37

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.38

FINANCE ITEMS
Capital Transfers
A.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Account #91C766, Blackstone Visitors Center, and be appropriated to Account #04C752, Blackstone Visitor's Center, to pay invoices related to the design of the Worcester Blackstone Visitor Center.

Attachments

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

 
B.

Recommend that One Million Three Hundred Fifty Thousand Dollars And No Cents ($1,350,000.00) be transferred from Loan Account #91C799, North High School, and be appropriated to DPW Account #41C740, North High School, to allow for the payment of on going contractual obligations.

Attachments

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

 
C.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C745, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Attachments

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

 
D.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C745, Sewers - Holden Street, and be appropriated to DPW Account #44C776, Holden Street Sewer Main, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

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

 
E.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C713, Water Mains, and be appropriated to DPW Account #45C720, Water Mains, to allow for the payment of current and anticipated future obligations.

Attachments

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

 
F.

Recommend that Two Hundred Ten Thousand Dollars And No Cents ($210,000.00) be transferred from Loan Account #91C741, Street Construction, and appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Attachments

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

 
G.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C742, Street Resurfacing (Ext. Pavement), to allow for the payment of current and future obligations.

Attachments

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

 
H.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C768, Private Street Construction/Betterments, to provide funds for the payment of current and future expenditures.

Attachments

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

 
I.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C743, Washington Square, to provide funding for construction costs.

Attachments

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

 
J.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C737, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Attachments

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

 
 

8.39

FINANCE ITEMS
Operational Transfers
A.

Recommend that Nine Thousand Twenty Six Dollars And Forty Four Cents ($9,026.44) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and be appropriated to Account #50S519, Worcester Public Damage Claim Settlements, to repair a damaged school bus.

Attachments

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

 
 

8.40

FINANCE ITEMS
Prior Year
 

8.41

FINANCE
Loan Orders
 

8.42

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Communication Relative to the Asian Longhorned Beetle Tree Removal Process and Resident Notification

Attachments

Referred to Public Health and Human Services Committee

 
B.

Transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

Attachments

Referred to Finance Committee

 
9.

COMMUNICATIONS

9a.

Mayor Konstantina B. Lukes transmitting Worcester City Council Meeting Schedule -2009.

Attachments

Accepted as amended on a voice vote

 

9b.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting: What's Up With Downtown Worcester?: Prospects for Revitalization.

Attachments

Referred to Economic Development Committee

 

9c.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting: Measuring Downtown Worcester's "Curb Appeal:" ComNET Results.

Attachments

Referred to Economic Development Committee

 

10.

REPORTS OF THE PLANNING BOARD

10a.

REPORT OF THE PLANNING BOARD Upon the Petition of Nancy & William Donahue request a zone change at 7 Holt Ave. from RS-7 to BG-3.

Attachments

Referred to Economic Development Committee

 

10b.

REPORT OF THE PLANNING BOARD Upon the Petition of Mark Donahue request the line for the BL-1.0 district be extended to include the entire property located at 25 Elbridge St.

Attachments

Referred to Economic Development Committee

 

10c.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Joe Boynton request to extend the IN-H zone to encompass all of the parcel at 15 Rockport Rd. The premises is currently zoned both IN-H and RG-5.

Attachments

Referred to Economic Development Committee

 

11.

TO BE ORDAINED

11a.

An Ordinance making a technical correction to Section Twelve of Chapter 14 of the Revised Ordinances of 2008.

Attachments

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

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

Motion Lukes - Request to take item off the table - Approved Vote to advertise proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

12c.

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

Attachments

No action taken

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

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

 

12h.

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

 

12i.

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

 

12j.

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

 

13.

SUSPENSION OF RULES

13a.

Motion Palmieri @ #9a CC - That the City Council of the City of Worcester hereby moves the Monthly Economic Development Reports to a City Manager agenda.

Attachments

Order adopted

 

13b.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the major ice storm that occurred on Thursday, December 11, 2008.

Attachments

Placed on file

 

13c.

Motion Toomey @ #8.42C - Request City Manager investigate the feasibility of moving utility lines underground.

Attachments

Order adopted

 

13d.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act imposing a moratorium on the foreclosure of predatory sub-prime mortgages in the city of Worcester for one hundred-eighty days.

Attachments

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

 

13e.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act protecting tenants from unjustified evictions on foreclosed properties in the city of Worcester.

Attachments

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

 

13f.

Motion Germain, Haller, Toomey and Petty - Suspension of Rules - Authorize City Manager to file a petition with the general court which would authorize a special act requiring judicial approval of foreclosures of residential mortgages in the city of Worcester.

Attachments

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

 

13g.

Motion Eddy - Suspension of Rules - Request City Manager report options for traffic and pedestrian safety improvements to the intersection of Moreland St., Brigham Rd. and Carter Rd. including consideration of installing lighted sticks in the center lines of the roadway as has been done in the vicinity of WPI.

Attachments

Order adopted