CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 31, 2009

Esther Howland Chamber

Convened: 7:20 P.M.

Adjourned: 9:27 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.

HEARING & ORDER

4a.

MASSACHUSETTS ELECTRIC COMPANY for pole location on: FAIRHAVEN ROAD

Granting permission to MASSACHUSETTS ELECTRIC COMPANY for pole location on: FAIRHAVEN ROAD

Attachments

Hearing Held/Order Adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 

5.

ITEMS OF CITIZEN INTEREST

5a.

The Mayor read a Proclamation declaring April 2009 to be named Big Read Month and requested Councilor Rosen to present the proclamation to Mora McAvey, Community Services Librarian.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Virginia Ryan, et al request the City Council pay all of Part B Medicare for all it's retirees enrolled in Medicare.

Attachments

Leave To Withdraw

 

7b.

Carl Persson et al request to make public Myrick Ave.

Attachments

Referred to Planning Board

 

7c.

Steven Tankanow of Oxford Realty Trust request sidewalk repair on Putnam Lane side of 333 Shrewsbury St.

Attachments

Referred to Public Works Committee

 

7d.

Sharon & Paul Healy request to install a larger clay pipe from brook under driveway to catch basin at 11 Ronald Drive.

Attachments

Referred to Public Works Committee

 

7e.

Kristina Wieslander request that Monticello Dr. be paved from Brookline St. to Delawanda Dr.

Attachments

Referred to Public Works Committee

 

7f.

Michael Seaver request sidewalk repair in the vicinity of 20 Commonwealth Ave.

Attachments

Referred to Public Works Committee

 

7g.

Matthew Morse request a "School Zone" or other appropriate speed limit sign at either side of North High School property on Harrington Way.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Mary Lou Irene and Jose Serrano request the removal of parking meters in front of 57 Chatham St. and install resident permit parking.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Kevin Ksen request the City Council request the City Manager respond to the previously approved requests for a report on the feasibility of rebuilding nine pools in 10 years; request for a report on the number of days closed and reason for closure of the Greenwood Park spray park in Summer 2008; and request for an update on the Administration's efforts to secure private funding to rebuild Worcester's pools. Further, request a detailed plan for each of the proposed $525,000 spray parks.

Attachments

Referred to City Manager

 

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
Election Commission Division
 

8.4

DEPARTMENT OF HUMAN RESOURCES
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Layoff Notices and Support Services Available for Displaced Employees

Attachments

Referred to Finance Committee

 
 

8.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Disposition Process for the Fire Alarm and Telegraph Building located at 230 Park Avenue.

Attachments

Referred to Economic Development Committee

 
 

8.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
A.

Request City Council Adoption of an Order to Convey Surplus Property to the Owner of Abutting Property at 191 Burncoat Street

Attachments

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

 
 

8.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
A.

Request City Council review, consideration and approval of the attached resolution to file and accept funds from the Massachusetts Technology Collaborative Clean Energy Choice Program.

Attachments

Resolution adopted

 
 

8.8

OFFICE OF ECONOMIC DEVELOPMENT
Workforce Development Operations Division
 

8.9

OFFICE OF ECONOMIC DEVELOPMENT
Central Massachusetts Regional Employment Board
A.

Request City Council Review, Deliberation and Adoption of the Attached Resolutions to File and Accept Federal Stimulus Grants from the American Recovery and Reinvestment Act 2009.

Attachments

Three (3) Resolutions adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Mayor Lukes moved to request to suspend the rules for 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 (Toomey absent)

 
 

8.10

OFFICE OF ECONOMIC DEVELOPMENT
Youth Opportunities Division
 

8.11

OFFICE OF ECONOMIC DEVELOPMENT
Worcester Regional Airport Commission Division
A.

Transmitting Information Communication Relative to the Impact of Proposed Transportation Reform upon Worcester Regional Airport.

Attachments

Referred to Public Service and Transportation Committee

 
 

8.12

OFFICE OF ECONOMIC DEVELOPMENT
Cable Services 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.

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

Attachments

Referred to Public Works Committee

 
B.

Transmitting Communication Relative to the Storm Debris Clean-Up Efforts and the Annual Street Sweeping Program.

Attachments

Referred to Public Works Committee

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.16

FIRE DEPARTMENT
A.

Request City Council Adoption of a Resolution to File and Accept a Central MA Regional Homeland Security Advisory Council Grant.

Attachments

Resolution adopted

 
 

8.17

POLICE DEPARTMENT
A.

Request City Council Accept with Gratitude a Donation of $250.00 for the Police Athletic League.

Attachments

Order adopted with gratitude

 
B.

Transmitting Informational Communication Relative to the Worcester Police Department's 5th Annual Youth Summit.

Attachments

Placed on file

 
C.

SUPPLEMENTAL: Request City Council Adoption of the Attached Resolution to File and Accept a FY 2010 Federal Byrne Grant Application.

Attachments

Referred to Public Safety Committee

 
 

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 City Council's Adoption of a Resolution to File and Accept Grant Funding from the Central Massachusetts Agency on Aging.

Attachments

Resolution adopted

 
B.

Recommend City Council's Adoption of a Resolution to File and Accept a State Council on Aging Formula and Incentive Grant Funding.

Attachments

Resolution adopted

 
 

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
A.

Transmitting Informational Communication Relative to National Public Health Week.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

8.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

8.31

PUBLIC SCHOOL DEPARTMENT
 

8.32

LAW DEPARTMENT
A.

Recommend City Council's Review and Deliberation Relative to a Proposed Unruly Parties Ordinance.

Attachments

Mayor Lukes moved to suspend the Rules to allow a citizen to speak - Approved Ronald Madnick, Executive Director of the Worcester Council Chapter of the ACLU of Massachusetts, was recognized by the Mayor and he addressed City Council with comments concerning this item. Referred to Public Safety Committee

 
B.

Transmitting Informational Communication Relative to Electronic Filing of Campaign Finance Reports.

Attachments

Placed on file and send copy to the Election Commission

 
C.

SUPPLEMENTAL: Respectfully Request City Council Review, Consideration, and Adoption of a Reorganization of the Departments, Boards, and Commissions of the City of Worcester.

Attachments

Referred to Municipal Operations Committee

 
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to Salaries of Worcester Public School Personnel

Attachments

Referred to Education Committee

 
B.

Transmitting Informational Communication Relative to Salaries of City Administration Personnel

Attachments

Referred to Municipal Operations Committee

 
C.

SUPPLEMENTAL: Transmitting Fiscal Year 2010 Budget Recommendation

Attachments

Mayor Lukes moved to suspend the to take item #8.34C CM out of order as the first item on the calendar - Approved Mayor Lukes recognized City Manager O'Brien who provided a presentation of the proposed FY 2010 Annual Budget to City Council. Referred to Finance Committee

 
 

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 Eighty Nine Thousand Nine Hundred Eighty Seven Dollars And No Cents ($89,987.00) be transferred from Loan Account # 91C774, DCU Capital Equipment, and be appropriated, when and as received, to DCU Account # 75C701, Civic Center Equipment, to fund the purchase of a new dishwasher unit.

Attachments

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

 
B.

Recommend that Nine Thousand Seven Hundred Ten Dollars And No Cents ($9,710.00) 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 10 Yeas and 0 Nays (Toomey absent)

 
C.

Recommend that One Hundred Forty Eight Thousand Three Hundred Seventy Four Dollars And No Cents ($148,374.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to DPW Account #41C703, DPW Capital Equipment ,to allow for the purchase and future payment of a Sanitation truck.

Attachments

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

 
D.

Recommend that Two Hundred Fifty Five Thousand Dollars And No Cents ($255,000.00) be transferred from Loan Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C703, Alderman Chamber Rehabilitation, to fund ongoing contractual obligations.

Attachments

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

 
E.

Recommend that Two Hundred Twenty Five Thousand Dollars And No Cents ($225,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #25C702, Police Building Rehabilitation, to provide funding for various rehabilitation projects in Police Headquarters.

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 Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #280-91000, Inspectional Services Personal Services, and be appropriated to Account #280-92000, Inspectional Services Ordinary Maintenance, to provide additional funding for unanticipated ordinary maintenance expenses incurred during Fiscal Year 2009.

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 Informational Communication Relative to the Buy Worcester Now Program and Citywide Open Houses.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Funding for the Worcester Regional Transit Authority.

Attachments

Referred to Public Service and Transportation Committee

 
C.

Transmitting Informational Communication Relative to the Eradication of the Asian Longhorned Beetle

Attachments

Referred to Public Health and Human Services Committee

 
9.

RECESS TO FINANCE COMMITTEE

9a.

#9.30A CM June 17, 2008 Communication of the City Manager transmitting Five Year Capital Improvement Plan for the Fiscal Year 2009.

Attachments

No action taken

 

9b.

#14a CC November 25, 2008
Communication of the City Auditor transmitting the October 2008 Auditor's Report.

Attachments

No action taken

 

9c.

#8.42B CM December 16, 2008
Communication of the City Manager transmitting Informational Communication Relative to the City's Fiscal Year 2009 Commonwealth Capital Program Submission.

Attachments

No action taken

 

9d.

#7a CC December 23, 2008
Communication of the City Auditor transmitting November 2008 Auditor's Report.

Attachments

No action taken

 

9e.

#11b CC January 13, 2009
Communciation of the City Manager transmitting communication relative to the City's Response to a request for Infrastructure Projects.

Attachments

No action taken

 

9f.

#7c CC December 23, 2008
Communication of the City Auditor transmitting City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008.

Attachments

No action taken

 

9g.

#14b CC January 13, 2009
Communication of the City Manager transmitting communication regarding the City Budget.

Attachments

No action taken

 

9h.

#7a CC January 27, 2009
Communication of the City Auditor transmitting December 2008 Auditor's Report.

Attachments

No action taken

 

9i.

# 14a CC January 27, 2009
Communication of the City Manager transmitting communication relative to a mid-year Local Aid reduction. to cities and towns for FY 2009.

Attachments

No action taken

 

9j.

#8.34A CM February 3, 2009
Communication of the City Manager transmitting informational communication relative to the City's Budget.

Attachments

No action taken

 

9k.

#21b CC February 10, 2009
Communication of the City Manager transmitting communication relative to a continued analysis and assessment of all facets of the City's current FY09 Budget and the accelerated development of City's FY2010 Budget.

Attachments

No action taken

 

9l.

#9a CC February 24, 2009
Communication of the City Auditor transmitting the Auditor's Report for January 2009.

Attachments

No action taken

 

9m.

#8.42D CM February 24, 2009
Communication of the City Manager transmitting Status Report on Projected Budget Deficits.

Attachments

No action taken

 

9n.

#7.34A CM - March 3, 2009
Communication of the City Manager transmitting Informational Communication Relative to Positions Held Vacant.

Attachments

No action taken

 

9o.

#7.34B CM March 3, 2009
Communication of the City Manager transmitting Communication Relative to Employee Health Insurance Costs.

Attachments

No action taken

 

9p.

#7.42A CM March 3, 2009
Communication of the City Manager transmitting Report of the Massachusetts Taxpayers Foundation as Presented at this Evening's Forum.

Attachments

No action taken

 

9q.

#8.34A CM March 17, 2009
Communication of the City Manager transmitting Update Regarding the City's Fiscal Year 2010 Budget

Attachments

No action taken

 

9r.

#8.34B CM March 17, 2009
Communication of the City Manager transmitting informational communication relative to Federal American Recovery and Reinvestment Act Funding and Federal Supplemental General Appropriation Funding

Attachments

No action taken

 

9s.

#7a CC March 24, 2009
Communication of the City Auditor transmitting February 2009 Auditor's Report

Attachments

No action taken

 

10.

COMMUNICATION

10a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to Public Employee Pensions: Is It Time to Retire the System?.

Attachments

Placed on file on a roll call vote of 9 Yeas and 2 Nays (Yeas - Clancy, Eddy, Germain, Palmieri, Petty, Rosen, Rushton, Smith, Toomey) (Nays - Haller, Lukes)

 

11.

TO BE ORDAINED

11a.

Amend Section 43 Chapter 13 of the Revised Ordinances of 2008 by adding after Zone “D” a new subsection (b)(6) Zone “E” “Streets With Extraordinary Parking Conditions” and inserting in said a new provision “Indian Lake Parkway in Front of #10 Indian Lake Parkway to #34 Indian Lake Parkway No Ban”.

Attachments

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

 

11b.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking on South St. adjacent to 8 Chapin St.

Attachments

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

 

11c.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for 30 minute parking 12:00 p.m. to 6:30 p.m. Monday to Friday in front of 482 Park Ave.

Attachments

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

 

11d.

Amend Section 43 of Chapter 13 of the Revised Ordinances of 2008 to revise the winter ban on Zenith Drive from May St. to Quissett St. from a permanent ban on both sides of the street to a declared ban.

Attachments

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

 

11e.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on the north side of Harlow St. from #2 thru #12 Harlow St.

Attachments

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

 

11f.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Congress St. at Newbury St. faces westbound traffic on Congress St.

Attachments

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

 

11g.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Vincent Circle at Massasoit Rd. faces eastbound traffic on Vincent Circle.

Attachments

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

 

11h.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Lorraine Road at Massasoit Rd. faces eastbound traffic on Lorraine Rd.

Attachments

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

 

11i.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Greenbush Rd. and Massasoit Rd. faces westbound traffic on Greenbush Rd.

Attachments

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

 

11j.

Amend Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Wyola Dr. and Tallawanda Dr. faces southbound traffic on Wyola Dr.

Attachments

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

 

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.

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

Attachments

No action taken

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

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

 

12h.

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

 

12i.

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

 

12j.

Resolution of Mayor Konstantina B. Lukes - That the City Council of the City of Worcester hereby supports the City Manager in seeking 0% increases in the FY2010 collective bargaining contracts; and be it further resolved that the City Council supports the City Manager in seeking the previously detailed 75/25 contribution rate and the co-pay changes.(Tabled - Haller January 27, 2009)

Attachments

No action taken

 

13.

SUSPENSION OF RULES

13a.

Motion Clancy @ #8.34C CM - That City Council schedules the Administration & Finance and Worcester Public Schools Budget Hearings on May 12th at 6:30 P.M. and conclude the hearing with the final vote on budget.

Attachments

Order adopted

 

13b.

Motion Haller @ #8.14A CM - Request City Manager provide to City Council a report clarifying the city's participation in Earth Day activities.

Attachments

Order adopted

 

13c.

Motion Toomey @ #8.14A CM - Request City Manager post the map associated with the DCR limb and storm debris pick up be posted onto the city's cable television channel.

Attachments

Order adopted

 

13d.

Motion Lukes @ #8.34A CM - Request City Manager obtain the Worcester Public Schools 1099 forms for personnel services and independent contracts.

Attachments

Order adopted