CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 20, 2009

Esther Howland Chamber

Convened: 7:19 P.M.

Adjourned: 10:25 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.

Hearing: MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD

Granting permission to MASSACHUSETTS ELECTRIC COMPANY for a pole location in: KENILWORTH RD

Attachments

Hearing Held and Closed - Councilor Eddy moved to Tabled Under Privilege Tabled Under Privilege - Eddy

 

5.

FIRST ITEM OF BUSINESS

5a.

RESOLUTION of Councilor Michael J. Germain - That the City Council of the City of Worcester hereby supports any state legislation that would allow for public sale of city owned properties through a program employed successfully in other cities, like Baltimore and Philadelphia, which relies on the services of real estate professionals and conventional marketing efforts.

Attachments

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

 

6.

SECOND ITEMS OF BUSINESS

6a.

Quarterly Economic Development Initiatives Status Report - October 2009

Taken up with item #10.4A CM

 

6b.

Quarterly Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Taken up with item #10.4D CM

 

7.

ITEMS OF CITIZEN INTEREST

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Binh Phan request to make public the private portion of Beaver Brook Parkway.

Attachments

Referred to Planning Board

 

9b.

Christopher & Jacqueline Courtney request abatement of street betterment assessment #24831 in the amount of $10,224.80 for Monica Rd.

Attachments

Referred to Public Works Committee

 

9c.

Eileen & Robert Hennigan, Jr. request abatement of street betterment assessment #24825 in the amount of $14,215.28 for Fernside Rd.

Attachments

Referred to Public Works Committee

 

9d.

Peter Stathoulopoulos, DMD request to change the parking restriction from 10:00 AM to 8:00 AM at the corner of Highland St. and Roxbury St.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Tammy Tremblay, Operations Coordinator of Planned Parenthood, request to install twelve (12) private directional signs to new location at 470 Pleasant St.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Mae Lindquist et al request to install resident permit parking at 21 Whipple St.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Nilsa Perez request handicap parking space at 116 Winfield St.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Frank Beshai request the City Council to request the City Manager to terminate any negotiations or any contract settlement process that concerns the former Greenwood St. landfill so that a study may be conducted to determine the present and future value of the gases that may be recovered from that property as well as the value of the real estate once gas recovery operations have been completed, and that the study be conducted by an independent agency after a public bidding process.

Attachments

Referred to City Manager

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

DEPARTMENT OF HUMAN RESOURCES
 

10.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Transmitting the October 2009 Economic Development Report.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to the Worcester Economic Resource Guide.

Attachments

Referred to Economic Development Committee

 
C.

Transmitting Informational Communication Relative to the Worcester Business Start-Up Guide.

Attachments

Referred to Economic Development Committee

 
D.

Transmitting the Economic Development Report to Retain and Recruit Small Businesses.

Attachments

Referred to Economic Development Committee

 
 

10.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

10.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

10.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

10.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

10.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

10.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

10.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

10.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

10.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

10.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the 2009 Fall Leaf Collection and Sweeping Program.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to a Scheduled Public Hearing for the Belmont Street West - Transportation Improvement Project.

Attachments

Referred to Public Works Committee

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Re-Forestation of the City.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

10.16

FIRE DEPARTMENT
A.

Recommend that City Council Accept with Gratitude a Donation in the Amount of Two Thousand and Five Hundred Dollars and No Cents ($2,500.00) from the Massachusetts Property Insurance Underwriting Association- Arson Reward Division to the Worcester Fire Department- Public Education Division.

Attachments

Order adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of One Thousand Dollars and No Cents ($1,000.00) from the Golden Living Community Support Initiative (CSI) to the Webster Square Fire Station for the Purchase of Equipment.

Attachments

Resolution adopted with gratitude

 
C.

Recommend that City Council Accept with Gratitude a Donation in the Amount of One Hundred Dollars and No Cents ($100.00) to the Worcester Fire Department's Education Program.

Attachments

Order adopted with gratitude

 
 

10.17

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to Crime Statistics.

Attachments

Referred to Public Safety Committee

 
 

10.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Transmitting Informational Communication Relative to H1N1 Influenza.

Attachments

Referred to Public Health and Human Services Committee

 
 

10.19

LICENSE COMMISSION
 

10.20

LAW DEPARTMENT
A.

Transmitting Informational Communication Relative to Ballot Questions.

Attachments

Referred to Municipal Operations Committee

 
B.

Recommend Adoption of an Order Designating the City Solicitor as the City's Liaison to the State's Ethics Commission.

Attachments

Order adopted

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Legislation Affecting the Disposition of Surplus Properties.

Attachments

Placed on file

 
 

10.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

10.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

10.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

10.24

DIVISION OF PUBLIC HEALTH
 

10.25

DIVISION OF ELDER AFFAIRS
A.

Recommend Adoption of a Resolution to File and Accept a Grant in the Amount of Four Hundred and Fifty Dollars ($450.00) from the Worcester Cultural Commission to Bring a Live Theatrical Performance to the Senior Center.

Attachments

Resolution adopted

 
 

10.26

WORCESTER PUBLIC LIBRARY
A.

Recommend City Council Accept with Gratitude a Donation in the Amount of Five Hundred and Sixty Nine Dollars ($569.00) from the Clarence S. Arms Family Fund of the Greater Worcester Community Foundation to the Worcester Public Library.

Attachments

Order adopted with gratitude

 
 

10.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

10.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.29

PUBLIC SCHOOL DEPARTMENT
 

10.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

10.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

10.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
A.

Transmitting Informational Communication Relative to the Launch of the City's Redesigned Website on Monday, October 19, 2009.

Attachments

Referred to Public Service and Transportation Committee

 
 

10.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Transmitting Informational Communication Relative to the DCU Special District Improvement Fund's Ability to Sustain Additional Loan Order Issuances in the Amount of Two Million Two Hundred Eighty-Five Thousand Dollars And No Cents ($2,285,000.00).

Attachments

Referred to Economic Development Committee

 
 

10.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Eight Hundred Thousand Dollars And No Cents ($800,000.00) be transferred from Loan Account #91C745, Sewer Construction, and appropriated DPW to Account #44C761, Surface Drainage, to allow for the payment current and future obligations.

Attachments

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

 
B.

Recommend that Six Hundred Thousand Dollars And No Cents ($600,000.00) 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 11 Yeas and 0 Nays

 
C.

Recommend that Three Hundred Fifty Thousand Dollars And No Cents ($350,000.00) be transferred from Account #91C745, Sewer Construction, and be appropriated to Account #44C771, Infiltration, to allow for the payment of current and future obligations.

Attachments

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

 
D.

Recommend that Two Hundred Thirty Six Thousand Eight Hundred Thirty Four Dollars And No Cents ($236,834.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as recieved, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of Street Division Equipment.

Attachments

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

 
E.

Recommend that One Hundred Thirty Three Thousand Six Hundred Ninety Nine Dollars And Sixty Nine Cents ($133,699.69) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated, when and as received, to Account #72C701, Parks Capital Equipment, for the purchase and future payment of various Parks equipment.

Attachments

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

 
 

10.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Nine Hundred Twelve Thousand Three Hundred Eighty Dollars And Ten Cents ($912,380.10) be transferred to and from various accounts to provide sufficient funding for the Off-Street Parking Program for the Second Quarter of Fiscal Year 2010.

Attachments

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

 
B.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #660-92000, Treasurer's Office Ordinary Maintenance, to fund the costs associated with the issuance of the Refunding Bond dated 8-28-09.

Attachments

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

 
 

10.37

FINANCE ITEMS
Prior Year
 

10.38

FINANCE
Loan Orders
 

10.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Worcester Regional Transit Authority and Paratransit Brokerage Services, Inc.

Attachments

Referred to Public Service and Transportation Committee

 
11.

TO BE ORDAINED

11a.

Amending Chapter 12 of the Revised Ordinances of 2008 relative to the Protection of Public Trees.

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

 

12k.

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

 

13.

SUSPENSION OF RULES

13a.

Motion Rosen @ #10.4A CM - Request City Manager update City Council relative to skating this 2009-2010 winter season on the Historic Worcester Common.

Attachments

Order adopted

 

13b.

Motion Haller @ #10.4A CM - Request City Manager remove the former Worcester City Hospital topic from the quarterly Economic Development Initiatives Status Report.

Attachments

Order adopted

 

13c.

Motion Clancy @ #10.4A CM - Request City Manager prioritize the formulation of a new ordinance that would regulate and authorize small wind powered devices for lighting and other energy sources.

Attachments

Order adopted

 

13d.

Motion Clancy @ #10.4A CM - Request City Manager update City Council relative to acquiring the right of way and design of the Blackstone Bikeway in Quinsigamond Village for land next to the Worcester Crossings retail development that would provide a view of the Blackstone River.

Attachments

Order adopted

 

13e.

Motion Clancy @ #10.4A CM - Request City Manager update City Council relative to Liberty Properties and their discussions with Worcester Academy concerning the redevelopment of the former Saint Vincent Hospital property on Vernon Hill.

Attachments

Order adopted

 

13f.

Motion Clancy @ #10.4A CM - Request City Manager include the Greenwood St. project within the Blackstone River Rd. Project for future Economic Development Initiatives Status Reports.

Attachments

Order adopted

 

13g.

Motion @ #10.4A CM - Request City Manager invite the principals of the Wyman Gordon property to attend a future Economic Development Sub-Committee meeting.

Attachments

Order adopted

 

13h.

Motion Palmieri @ #10.4A CM - Request City Manager have the city's inspection team review the conditions of the various Wyman Gordon vacant properties for cleanliness and code adherence.

Motion Lukes to amend: Further, request City Manager request Wyman Gordon to consider installing plantings around the perimeter of their various vacant properties in the Green island neighborhood. - Approved

Attachments

Order Adopted as Amended

 

13i.

Motion Palmieri @ #10.4A CM - Request City Manager add the Mid-Town Mall property to the quarterly Economic Development Initiatives Status Report.

Attachments

Order adopted

 

13j.

Motion Petty @ #10.4A CM - Request City Manager update City Council relative to the Telecommunication plan concerning Inet.

Attachments

Order adopted

 

13k.

Motion Palmieri @ #10.4C CM - Request City Manager provide City Council with a list of successful small businesses.

Attachments

Order adopted

 

13l.

Motion Smith @ #10.4C CM - Request City Manager report to City Council any progress relative to plans for development and marketing improvements to the West Boylston Street corridor.

Attachments

Order adopted

 

13m.

Motion Toomey @ #10.15A CM - Request City Manager consider involving the Burncoat ROTC with the distribution of the informational flyer to homes where replanting will take place.

Attachments

Order adopted

 

13n.

Motion Haller @ #10.39A CM - Request City Manager provide City Council the data relative to the evaluation of intersections and bus stops for accessibility.

Attachments

Order adopted

 

13o.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with quarterly updates relative to the Worcester Tornadoes and perhaps include these updates as a part of the quarterly Economic Development Initiatives Status Report.

Attachments

Order adopted

 

13p.

Motion Palmieri - Suspension of Rules - Request City Manager update City Council concerning the general beautification to the frontage of the Hanover Theatre, including the fountain, the lighting and crosswalks.

Attachments

Order adopted

 

13q.

Motion Haller & Clancy - Suspension of Rules - Request City Manager to provide City Council with a report concerning expectations for an end to the misbehaviors on Caro, Boyden, Clay and College Streets, replacing Laissez Faire policy with Zero Tolerance to these steady assaults on residential quality of life.

Attachments

Order adopted