CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 28, 2009

Esther Howland Chamber

Convened: 4:13 P.M.

Recessed: 6:31 P.M.
Reconvened to Open Session: 7:58 P.M.
Adjourned: 8:00 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 except for Councilor Rushton who arrived at 4:42 P.M.

4.

ITEMS OF CITIZEN INTEREST

4a.

Mayor Lukes recognized the presence of a delegation from the Ukraine sponsored by the International Center of Worcester and USAID. They are a group of government officials and nonprofit leaders working on the cultural and historical preservation of their cities and while visiting they will work with the many similar organizations within our community.

 

4b.

Mayor Lukes read a Proclamation declaring May 2009 to be Worcester Community Action Month. Councilor Clancy presented the proclamation to Executive Director of WCAC Jill Dagillis

 

4c.

Mayor Lukes @ #21a & #19a CC moved to suspend the rules to acknowledge the presence of the following participants of the CitySquare Project:

Young Park, CEO of Berkeley Investments
Christopher Collins, CEO of UNUM
Steven Grant, representative of UNUM
Barbara Smith-Bacon, Vice President of Berkeley Development Corporation
Attorney Robert Longden

Mr. Collins, City Manager O'Brien and Mr. Park provided gratitude and appreciation to all contributors who helped to move the CitySquare project forward.

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Adam Young request sidewalk repair in front of 16 Thorndyke Rd.

Attachments

Referred to Public Works Committee

 

6b.

Pauline & Robert Menard request sidewalk in front of 38 Airlie St. repaired with smooth surface and not patched.

Attachments

Referred to Public Works Committee

 

6c.

Neil McNeil, Director of the Massachusetts Rehabilitation Commission, request sidewalk repair in Foster St. in front of parking lot for the Massachusetts Rehabilitation Commission.

Attachments

Referred to Public Works Committee

 

6d.

Councilor Joffrey A. Smith on behalf of John Atlas request crosswalks be installed in Grove St. in front of St. Peter Marian Junior-Senior High School.

Attachments

Referred to Traffic and Parking Committee

 

6e.

Councilor Joffrey A. Smith on behalf of John Atlas request a 20 mph flashing school zone sign be installed in the vicinity of St. Peter Marian Junior-Senior High School.

Attachments

Referred to Traffic and Parking Committee

 

6f.

Councilor Joffrey A. Smith on behalf of John Atlas request a 5 ton vehicle weight limit be installed in Parkton Ave.

Attachments

Referred to Traffic and Parking Committee

 

6g.

Councilor Barbara G. Haller on behalf of Helen Stanionis request one handicap parking space be installed in front of 19 Scott St.

Attachments

Referred to Traffic and Parking Committee

 

6h.

Anthony Petrone request installation of Resident Sticker Parking in Risso Court across from #3 and #5 Risso Court.

Attachments

Referred to Traffic and Parking Committee

 

6i.

Councilor Barbara G. Haller on behalf of Greg Jarras request installation of Resident Sticker Parking from 70 through 78 Woodland St.

Attachments

Referred to Traffic and Parking Committee

 

6j.

Petraq Gace request removal of handicap parking space in the Waite St. side of 2 Wilson St.

Attachments

Referred to Traffic and Parking Committee

 

6k.

Francis Caffone on behalf of Yoland Loconto request handicap parking space in front of 40 Shelby St.

Attachments

Referred to Traffic and Parking Committee

 

6l.

MASSACHUSETTS ELECTRIC COMPANY for a cable and conduit locations in: FOSTER, COMMERCIAL, EXCHANGE, AND CENTRAL STREETS

Attachments

Hearing set for May 5, 2009 - 4:00 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
Election Commission Division
 

7.4

DEPARTMENT OF HUMAN RESOURCES
 

7.5

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to a Worcester Regional Mobility Study Public Informational Meeting.

Attachments

Referred to Public Service and Transportation Committee

 
B.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Award of a $7.25 Million Growth District Initiative Grant Award.

Attachments

Placed on file

 
C.

SUPPLEMENTAL: Transmitting Testimony from the April 28, 2009 Standing Committee on Economic Development DIF Public Hearing

Attachments

Placed on file

 
 

7.6

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

7.7

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Workforce Development Operations Division
 

7.9

OFFICE OF ECONOMIC DEVELOPMENT
Central Massachusetts Regional Employment Board
 

7.10

OFFICE OF ECONOMIC DEVELOPMENT
Youth Opportunities Division
A.

Request City Council Review, Consideration and Adoption of a Resolution to File and Accept a Grant from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention under the American Recovery and Reinvestment Act of 2009.

Attachments

Resolution adopted

 
 

7.11

OFFICE OF ECONOMIC DEVELOPMENT
Worcester Regional Airport Commission Division
 

7.12

OFFICE OF ECONOMIC DEVELOPMENT
Cable Services Division
 

7.13

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

Request City Council Review, Consideration, and Adoption of an Order to Authorize Private Street Improvements to Belcourt Road.

Attachments

Referred to Public Works Committee

 
 

7.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to Ice Storm Debris Collection Program.

Attachments

Referred to Public Works Committee

 
 

7.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Communication Relative to the 2009 Junior Golf Program at Green Hill Municipal Golf Course.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Request City Council Review, Consideration, and Adoption of a Resolution to File and Accept the Urban and Community Forestry Challenge Grant and Urban Forestry Environmental Justice Pilot Grant from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, Department of Conservation and Recreation.

Attachments

Resolution adopted

 
C.

Request to Accept with Gratitude a Donation of Labor, Services, Tools, and Playground Equipment from KaBoom, Oak Hill CDC, and Dismas House for the Renovation of Banis Playground.

Attachments

Resolution adopted with gratitude

 
D.

Transmitting Informational Communication Relative to Tree Replanting in the Greendale/Burncoat Area.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

7.16

FIRE DEPARTMENT
 

7.17

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to Pedestrian Accidents that have occurred on Belmont Street adjacent to UMass Memorial Hospital.

Attachments

Referred to Traffic and Parking Committee

 
 

7.18

DEPARTMENT OF COMMUNICATIONS
 

7.19

LICENSE COMMISSION
 

7.20

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

7.21

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

7.22

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

7.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

7.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

7.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Transmitting Informational Communication Relative to the Worcester Senior Center Participant Survey.

Attachments

Referred to Public Health and Human Services Committee

 
 

7.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

7.27

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

7.28

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the City's Preparedness for, and Response to, the Swine Influenza Virus.

Attachments

Referred to Public Health and Human Services Committee

 
 

7.29

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
 

7.30

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

7.31

PUBLIC SCHOOL DEPARTMENT
 

7.32

LAW DEPARTMENT
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Communication Relative to the Cost of Advertising Bids in Print Media.

Attachments

Recommitted to City Manager

 
B.

Transmitting Informational Communication Relative to Departmental Fee Increases. Furthermore, Request City Council Adoption of Ordinances Relative to Fees for Parking Fines and Dog Licenses.

Attachments

Referred to Finance Committee

 
 

7.35

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.36

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.37

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

7.38

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Three Thousand Five Hundred Ten Dollars And No Cents ($43,510.00) be transferred from Loan Account #91C731, Capital Equipment, and be appropriated to Water Account #45C703, Capital Equipment to allow for the purchase and future payment of these trucks per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Eddy, Palmieri, Petty absent)

 
B.

Recommend that Thirty Five Thousand Nine Hundred Eighty Two Dollars And No Cents ($35,982.00) be transferred from Loan Account #91C780, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment to allow for the purchase and future payment of this much needed equipment.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Eddy, Palmieri, Petty absent)

 
C.

Recommend that Nine Hundred Thirty Nine Thousand One Hundred Eighty Eight Dollars And Twenty Five Cents ($939,188.25) be transferred as follows so as to provide sufficient funding for the Off-Street Parking Program for the Fourth Quarter of Fiscal Year 2009:

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Eddy, Palmieri, Petty absent)

 
D.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C745, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping. This will allow for the payment of current and anticipated obligations for the Sewer Pumping Station Capital Program per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Eddy, Palmieri, Petty absent)

 
E.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) 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 per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Eddy, Palmieri, Petty absent)

 
 

7.39

FINANCE ITEMS
Operational Transfers
 

7.40

FINANCE ITEMS
Prior Year
 

7.41

FINANCE
Loan Orders
 

7.42

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Communication Relative to Worcester Regional Transit Authority (WRTA) Proposed 2010 Budget Reductions.

Attachments

Referred to Public Service and Transportation Committee

 
B.

Transmitting Communication Relative to Neighborhood Clean-Ups.

Attachments

Placed on file

 
C.

Transmitting Communication Relative to Home Rule Legislation for the Enactment of an Early Retirement Incentive Program and an Extension of the City's Pension Funding Schedule.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative to the Fiscal Year 2010 Budget.

Attachments

Referred to Finance Committee

 
E.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Recent Actions by the State's House of Representatives Regarding the FY 2010 Budget.

Attachments

Referred to Finance Committee

 
8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting March 2009 Auditor's Report.

Attachments

Referred to Finance Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON EDUCATION - Request City Manager and/or the Superintendent of the Worcester Public Schools provide the City Council and School Committee with a copy of the 1991 agreement for calculation of "indirect costs" utilized to determine minimum net school spending.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a detailed report concerning the City Council OM expenditures. (Toomey)

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON FINANCE - Request City Clerk work with the Administration to explore alternative ways to conduct the street listing and further, request City Manager recommend a transfer of $33,000 from Election Commission OM account to City Clerk salary account. Further, request that any strategy concerning the street listing be sanctioned by City Solicitor. (Petty, Lukes)

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider raising salary of the Assistant City Clerk so that both Assistants are of equal pay and the City will meet the standard of equal pay for equal work. (Clancy)

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON FINANCE - Request City Clerk provide City Council with a report concerning revenues from the City Clerk Department for the past ten years. (Lukes)

Attachments

Order adopted

 

9f.

FROM THE COMMITTEE ON FINANCE - Request City Clerk provide City Council with an impact statement relative to the salary for Election Commission members. (Petty)

Attachments

Order adopted

 

9g.

FROM THE COMMITTEE ON FINANCE - Request City Manager prepare an amendment to the ordinance relative to the compensation for Election Commissioners so that they are paid an hourly wage only for election days. (Eddy)

Attachments

Order adopted

 

9h.

FROM THE COMMITTEE ON FINANCE - Request Executive Secretary of the Retirement System report to City Council the breakdown of the number of city employees for each of the various contribution rates to the pension system. (Rushton)

Attachments

Order adopted

 

9i.

FROM THE COMMITTEE ON FINANCE - Request City Auditor provide a report concerning the contribution rates made for Social Security and 401k benefits by the employees of the top 25 private employers within the City. (Rushton)

Attachments

Order adopted

 

9j.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the amount spent to advertise bids in private print media. Further, request report include a legal analysis for amending any ordinance/regulations to allow advertising on city web site. (Petty)

Attachments

Order adopted

 

9k.

FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester hereby requests Thirty-Three Thousand Two Hundred Eighty-Eight dollars and Fifteen Cents ($33,288.15) be transferred from Account #150-9200, elections Ordinary Maintenance, and be appropriated to Account #100-9100, City Clerk Salaries, to fund Senior Clerk & Typist, position #17. (Petty)

Attachments

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

 

9l.

FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester hereby cuts the salaries of the Election Commissioners so that they are paid an hourly wage only for Election day work. (Eddy - April 7, 2009) - Approved in committee on a roll call vote of 10 Yeas (Clancy, Eddy, Germain, Haller, Palmieri, Petty, Rosen, Rushton, Smith, Toomey) and 1 Nay (Lukes)

Attachments

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

 

9m.

FROM THE COMMITTEE ON FINANCE - Request City Clerk determine if using the Senior Work-off Program could be utilized as a way to increase the salary of the poll workers. (Clancy)

Attachments

Order adopted and Referred to Public Health and Human Services Committee for informational purposes only

 

9n.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report detailing when, where and why we employ outside counsel. (Germain)

Attachments

Order adopted

 

9o.

FROM THE COMMITTEE ON FINANCE - Request City Manager report revenues realized over the past three years as a result of actions in which the Law Dept represented the city. (Lukes)

Attachments

Order adopted

 

9p.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report as to the city's success in being self-insured. (Smith)

Attachments

Order adopted

 

9q.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report detailing the RFP process for property casualty insurance. Further, request a report relative to the city's claims experience for the past several years. (Germain)

Attachments

Order adopted

 

9r.

FROM THE COMMITTEE ON FINANCE - Request City Manager report recent years' revenues at the DCU Arena and Convention Center. (Lukes)

Attachments

Order adopted

 

9s.

FROM THE COMMITTEE ON FINANCE - Request City Auditor provide City Council with a summary of the contract between the City of Worcester and Spectacor Management. (Lukes)

Attachments

Order adopted

 

9t.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a historical narrative relative to the contract with SMG. (Petty)

Attachments

Order adopted

 

9u.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report detailing the length of duration and financial terms relative to naming rights contract of the DCU Center. (Palmieri)

Attachments

Order adopted

 

9v.

FROM THE COMMITTEE ON FINANCE - Request City Manager report the charges assessed by surrounding communities for trash removal. (Germain)

Attachments

Order adopted

 

9w.

FROM THE COMMITTEE ON FINANCE - Request City Manager establish a public/private partnership to encourage joint maintenance in city parks during difficult budget times. (Smith)

Attachments

Order adopted

 

9x.

FROM THE COMMITTEE ON FINANCE - Request City Manager establish a partnership with the Worcester County Sheriff Office to create a program to produce traffic signs for the city. (Smith)

Attachments

Order adopted

 

9y.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report to the City Council for review, any public health models under consideration.

Attachments

Order adopted

 

9z.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - That the City Council of the City of Worcester approves the following new paragraph and requests that it be added to the Rules of the Worcester City Council 2008-2009 as the second paragraph of the existing Rule 50: Individuals or groups in attendance at City Council meetings may display signs or other advocacy materials or displays in areas designated for public seating or areas of public congregation in the vicinity of the Council Chambers for the duration of any meeting. No sign or advocacy display shall be located on or within the rail in the City Council Chamber, or be permanently affixed to any portion of the building, or be affixed in any manner which might harm or destroy any portion of the building, or shall otherwise disrupt the orderly conduct of any Council meeting.

Attachments

Order adopted on a roll call vote of 7 Yeas and 2 Nays (Yeas - Clancy, Germain, Haller, Palmieri, Rosen, Smith, Lukes) (Nays - Rushton, Toomey) (Eddy, Petty absent)

 

9aa.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - That the City Council of the City of Worcester approves the following new Rule 43A and requests it be added to the Rules of the Worcester City Council 2008-2009: Rule 43A. No member of the City Council shall communicate using any electronic device with any five or more members of the Council where such communication involves the discussion of any item which is pending before the City Council or which is reasonably likely to be brought before the Council. No member of any committee of the City Council shall communicate using any electronic device with any one or more members of any three-member committee in which he or she is a member where such communication involves the discussion of any item which is pending before the City Council or which is reasonably likely to be referred to the Committee.

Attachments

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

 

9bb.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request Commissioner of Public Works and Parks to arrange to have an independent engineering firm conduct an assessment of the conditions of each of the city of Worcester owned swimming pools and report the findings of the firm to the City Council.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager consider allocating Fiscal Year 2010 capital dollars to the effort to replant the Burncoat and Greendale neighborhoods city street trees hardest hit by both the Asian Long-horned Beetle and the December, 2008 ice storm. (Smith, Palmieri)

Attachments

Tabled - Unfinished Business

 

10b.

Request City Manager work with abutters on West Boylston St including the railroad and Saint Gobain along with the city to clean the area of overgrown brush and trash which has negatively impacted the quality of life in that area. (Smith)

Attachments

Tabled - Unfinished Business

 

10c.

Request City Manager consider lengthening the tenure of the constables to 3 years as opposed to the current 1 year term; thus streamlining the process for all involved. (Germain)

Attachments

Tabled - Unfinished Business

 

10d.

Request City Manager provide City Council with a final report regarding the proposed “Worcester Fair-CORI Practices” Ordinance, as attached, which will require all vendors/contractors doing business with the City of Worcester to follow city-established and reasonable guidelines for the use of Criminal Offender Record Information (CORI). Further request that this report be provided within the next 14 days. (Haller, Lukes, Petty, Clancy, Palmieri, Smith, Rosen, Germain, Toomey, Rushton, Eddy)

Attachments

Mayor Lukes moved to suspend the rules to allow citizens to speak - Approved Steven Denison and Steven O'Neil were recognized by the Mayor and they addressed comments relative to this item to City Council Order adopted

 

10e.

Request City Manager provide City Council with the Human Rights Commission’s report regarding the proposed “Worcester Fair-CORI Practices” Ordinance. (Haller, Lukes, Petty, Clancy, Palmieri, Smith, Rosen, Germain, Toomey, Rushton, Eddy)

Attachments

Order adopted

 

10f.

Request City Manager report on the feasibility and costs/savings of merging the school department’s human resources department with the city’s human resources office. (Lukes, Rosen, Rushton, Smith, Germain)

Attachments

Tabled - Unfinished Business

 

10g.

Request City Manager request the Commissioner of Public Works and Parks to make adjustments to the traffic lights to alleviate the hazardous conditions, traffic backup and driver frustration when motorists attempt to make a left turn from Shrewsbury St. onto Adams St. (Palmieri, Rosen)

Attachments

Tabled - Unfinished Business

 

10h.

Request City Manager request Commissioner of Public Works and Parks alleviate the hazardous conditions, traffic backup and driver frustration by changing the arrows painted on both directions of May St. at Park Avenue so that the left lane becomes left turn only while the right lane is for both straight-through and right turn traffic. (Rosen)

Attachments

Tabled - Unfinished Business

 

10i.

Request City Manager report to City Council concerning what rules and procedures are in place dealing with individuals and groups, including children, who solicit money from motorists at busy and dangerous city intersections. (Rosen)

Attachments

Tabled - Unfinished Business

 

10j.

In light of the closing of the Office on Disabilities, request the City Manager report to City Council concerning the city's ability and plans to provide services and referrals to residents with disabilities and their families. (Rosen)

Attachments

Tabled - Unfinished Business

 

10k.

Request City Manager report to City Council concerning service cuts that might be made in bus, commuter rail and air transportation (Direct Air) and what their effects would be on Worcester and area residents. (Rosen)

Attachments

Tabled - Unfinished Business

 

10l.

DECREE TO MAKE PUBLIC: HOUGHTON ST. from Heywood St. to Kenberma Rd.

Attachments

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

 

10m.

STREET BETTERMENT ASSESSMENT: CARPENTER AVENUE

Attachments

Order adopted

 

10n.

STREET BETTERMENT ASSESSMENT: CLOVER STREET

Attachments

Order adopted

 

10o.

STREET BETTERMENT ASSESSMENT: FERNSIDE ROAD

Attachments

Order adopted

 

10p.

STREET BETTERMENT ASSESSMENT: GEDIMINAS STREET

Attachments

Order adopted

 

10q.

STREET BETTERMENT ASSESSMENT: MONICA ROAD

Attachments

Order adopted

 

11.

COMMUNICATION

11a.

Department of Public Utilities transmitting communication relative to the Condensed Financial Return for year ended December 31, 2008 for NStar Gas Company.

Attachments

Placed on file

 

12.

REPORT OF THE COMMITTEE ON EDUCATION

12a.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Chairman's Order from The Committee on Education - Request City Council's Standing Committee on Education meet with the Worcester School Committee's Sub-Committee on Business to discuss the development of the Fiscal Year 2010 Budget: recommend Chairman's Order be placed on file.

Attachments

Accepted

 

13.

REPORT OF THE COMMITTEE ON FINANCE

13a.

REPORT OF THE COMMITTEE ON FINANCE Upon the Upon the Communication of the City Manager transmitting informational communication regarding an Agreement with the Worcester Clerical Association and Corresponding Amendment to the Fiscal Year 2010 Budget Recommendation: recommend adoption of the accompanying Order relative to Fiscal Year 2010 Budget Amendment.

Attachments

Accepted & Order Adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Petty absent)

 

14.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS

14a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager respectfully requesting City Council review, consideration, and adoption of a Reorganization of the Departments, Boards, and Commissions of the City of Worcester: recommend passage of the accompanying proposed Ordinance.

Attachments

Motion Haller: Request to Table under privilege - Approved

 

15.

REPORTS OF THE PLANNING BOARD

15a.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Lois Maraia, President of Goldthwaite Holdings LLC request to change the zone from RS-7 and RG-5 to RL-7 for property located in the area of Pierce St. and Goldthwaite Rd.

Attachments

Referred to Economic Development Committee

 

15b.

REPORT OF THE COMMITTEE ON PLANNING BOARD Upon the Petition of Lois Maraia, President of Goldthwaite Holdings LLC, request zone change from RS-7 to RG-5 in the area of Varney St. and Pierce Ave.

Attachments

Referred to Economic Development Committee

 

16.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES

16a.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to National Public Health Week: recommend Communication be placed on file.

Attachments

Accepted

 

17.

REPORTS OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS

17a.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order Councilor Joffrey Smith - Request City Manager work with our state legislative delegation to explore changing the current state lottery distribution formula to reflect the revenues generated in Worcester and every other city or town be returned in expenditures by the Massachusetts Lottery Commission each year: recommend Order be referred to the City Manager for review by the City Solicitor.

Attachments

Accepted & Referred to City Manager

 

17b.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Chairman's Order from the Committee on Public Works Chairman's Order from the Committee on Public Works - Request the City Council of the City of Worcester name the plaza at the rear of City Hall in honor of former President John F. Kennedy and that the City Manager is requested to arrange for the annual presentation of a Jacob Hiatt Award that recognizes a local resident for public service contribution, and further request that the City Council's Standing Committee on Rules and Legislative Affairs be requested to establish parameters for presenting the award annually on the plaza during the Month of May, the month of the former president's birth: recommend Chairman's Order be referred to the City Manager for review by the City Solicitor and guidance regarding the process for awards and the naming of the plaza.

Attachments

Accepted & Referred to City Manager

 

17c.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to the Rules/Purposes by which an Executive Session of City Council may be convened: recommend Communication be placed on file.

Attachments

Accepted

 

17d.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Mayor Konstantina B. Lukes - Request City Council, through its standing committee on Rules and Regulations, to develop a process for periodic presentations by member(s) of the local state delegation regarding current bills/legislation which impact on the City of Worcester. This request is intended to maintain communications with local state legislators and to educate the Council and the public and to maintain compliance with open meeting legal requirements: recommend Order be placed on file.

Attachments

Accepted

 

17e.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order Councilor Joffrey Smith - Request City Manager seek special legislation creating a new Worcester lottery ticket to be issued by the Massachusetts Lottery Commission, wherein revenues from the sale of this ticket in Worcester be dedicated to the city for additional funding to the Worcester Public Schools: recommend Order be placed on file.

Attachments

Accepted

 

17f.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order Councilor Joffrey Smith - Request City Manager provide City Council with a report showing the lottery revenues generated in Worcester for the past five years and the Lottery aid returned to the City for each of those years: recommend Order be placed on file.

Attachments

Accepted

 

17g.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Mayor Konstantina B. Lukes - Request City Council Standing Committee on Rules and Legislative Affairs review the City Council rules to clarify the issue of posting or affixing of signs in the Esther Howland and Levi Lincoln Chambers: recommend Order be placed on file.

Attachments

Accepted

 

17h.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of Roberta Schaefer, PhD, Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Casino Gambling in Worcester: The Case for and Against: recommend Communication be placed on file.

Attachments

Accepted

 

17i.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the Central Massachusetts Regional Planning Commission transmitting 2005 Annual Report: recommend Communication be placed on file.

Attachments

Accepted

 

17j.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of Worcester Regional Research Bureau transmitting The Role of Regional Planning Agencies in Facilitating Economic Development: recommend Communication be placed on file.

Attachments

Accepted

 

17k.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to the WRTA and a study conducted by Urbitan Associates regarding a review of all the needs of their riders: recommend Communication be placed on file.

Attachments

Accepted

 

17l.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to recommendation for an increase in the pension allowances of all former City of Worcester Police Officers and Firefighters who have retired under provisions contained in Chapter 32 of Mass. General Laws: recommend Communication be placed on file.

Attachments

Accepted

 

17m.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to collaboration with MORE and cities and towns for purchasing of goods and services: recommend Communication be placed on file.

Attachments

Accepted

 

17n.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to the City of Worcester's Housing Policy: recommend Communication be placed on file.

Attachments

Accepted

 

17o.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to mutual aide agreements that the Police Department has with surrounding towns: recommend Communication be placed on file.

Attachments

Accepted

 

17p.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to request for Personnel/Clerk Typist/Tobacco/Control Program: recommend Communication be placed on file.

Attachments

Accepted

 

17q.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting communication relative to Public Health Mutual Aid Agreements: recommend Communication be placed on file.

Attachments

Accepted

 

17r.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to HHS emergency preparedness efforts and initiatives: recommend Communication be placed on file.

Attachments

Accepted

 

17s.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to the Open Meeting Law and E-Mail Correspondence and the definition of public documents as relates to E-Mail Correspondence over the City's Internet Site: recommend Communication be placed on file.

Attachments

Accepted

 

17t.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting a report concerning pending legislation, which could potentially increase the Unfunded Actuarial Accrued Liability (UAAL) of the Worcester Retirement System (WRS): recommend Communication be placed on file.

Attachments

Accepted

 

17u.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting a report that explains the Bills that would increase the Unfunded Actuarial Accrued Liability of the Worcester Retirement System: recommend Communication be placed on file.

Attachments

Accepted

 

17v.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of Stephen Quist request to be allowed to address the City Council on March 3, 2009 relative to the Rules & Legislative Affairs Committee considering that all City provided and personal PDA's, Blackberry’s and cell phones be turned off while City Council and Administration conduct public meetings: recommend Petition be denied.

Attachments

Accepted

 

18.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION

18a.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to a report on the City's Urban Forest: recommend adoption of the accompanying Order that the City Council of the City of Worcester hereby approves the concept as outlined in the City's Urban Forest Report which will guide the city in developing policies that focus on preserving and expanding one of our City's most vital assets.

Attachments

Accepted & Adopted

 

19.

TO BE ORDAINED

19a.

Amend Section 29 of Chapter 2 of the Revised Ordinances of 2008 relative to the Permit and Inspection Fee Ordinance for the CitySquare Project.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays Mayor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays Motion Rushton: Request to go on record in favor of the items relative to CitySquare. Mayor Lukes moved to allow Councilor Rushton to be recorded in favor of the various roll calls dealing with the City Square Project. - Approved on a voice vote. Roll call votes for ordaining the Ordinance as well as roll call vote for suspension of rules for reconsideration has been amended to a vote of 11 Yeas and No Nays and Reconsideration was amended to a vote of 0 Yeas and 11 Nays.

 

20.

TABLED ITEMS

20a.

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

 

20b.

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

Attachments

No action taken

 

20c.

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

 

20d.

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

 

20e.

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

 

20f.

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

 

20g.

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

 

20h.

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

 

20i.

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

 

20j.

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

 

20k.

Petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND, INC. for a joint pole location: BROOKLINE ST. (Tabled - Eddy April 7, 2009)

Attachments

No action taken

 

21.

SUSPENSION OF RULES

21a.

Councilor Palmieri moved to request to suspend the rules to allow the Report of the Economic Development Committee be submitted for consideration - Approved.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager request Certain City Council Actions in Regard to the CitySquare Downtown Development Project: recommend adoption of the accompanying two resolutions and accompanying Order.

Attachments

Two Resolutions and One Order adopted on a roll call vote of 10 Yeas and 0 Nays Mayor Lukes moved to suspend the rules to request reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays Motion Rushton: Request to go on record in favor of the items relative to CitySquare. Mayor Lukes moved to allow Councilor Rushton to be recorded in favor of the various roll calls dealing with the City Square Project. - Approved on a voice vote. Roll call votes for adoption of the two Resolutions and Order as well as roll call vote for suspension of rules for reconsideration has been amende to a vote of 11 Yeas and No Nays and Reconsideration was amended to a vote of 0 Yeas and 11 Nays.

 

21b.

Motion Haller @ #10d CC - That the City Council of the City of Worcester hereby request the attached Fair Cori Practices Ordinances be allowed to move forward for ordination.

Attachments

Order adopted Voted to advertise the attached proposed Ordinance on a roll call vote of 9 Yeas and 0 Nays (Eddy, Petty absent)

 

21c.

Motion Haller @ #7.34A CM - Request City Manager provide a report of the advertising expenses for all the city departments and the governing ordinances associated with those expenses.

Attachments

Order adopted

 

21d.

Motion Haller @ #7.42A CM - Request City Manager request the WRTA provide to City Council a detailed report relative to WRTA service levels, resources, routes, passengers and budget for five years ago, ten years ago and the present.

Attachments

Order adopted

 

21e.

Motion Haller @ #7.42A CM - Request City Manager provide City Council with the minutes of the WRTA Board meetings.

Attachments

Order adopted

 

21f.

RESOLUTION @ #7.42C CM - That the City Council of the City of Worcester hereby strongly and unanimously go on record in support of the Early Retirement Initiative Home Rule Legislation as well as the extension of City's Pension Funding Schedule in order to greatly assist the City of Worcester with the current fiscal situation. (Clancy)

Attachments

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