CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 16, 2006

7:00 P.M.

Convened: 7:12 P.M.

Recessed: 8:40 P.M.

 

City Council will reconvene Tuesday, May 23, 2006 at 2:00 P.M. for the sole purpose of referring the FY07 Budget to Finance Committee. The City Council will meet at 4:00 P.M. for its regular session.

 

1.       PLEDGE OF ALLEGIANCE

 

2.                 STAR SPANGLED BANNER-ALEXANDRA MILLS

 

3.       ROLL CALL – All present

 

 4.      ITEMS OF CITIZEN INTEREST

 

Mayor Murray recognized Scouts Shane Bernard, Brendan Bernard and Matt Epstein accompanied by Scout Master Bob Benoit of Troop 37 of Christ the King for attending the Council meeting to receive their Citizenship Badge.

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

5-6 REFERRED TO PLANNING BOARD

 

5.       Robert Norsigian request 126 Maywood St. be zoned as commercial property. (Attachments)

 

6.       Arthur Caissie request to add the portion of Woodcliffe Ave that runs between 36 Dupuis Ave. and 2 Woodcliffe Ave. to the Official Map. (Attachments)

 

7-9a REFERRED TO PUBLIC WORKS

 

7.       Melanie Tero request sidewalk repair at 18 & 20 Varnum St. including driveway. (Attachments)

 

8.       Cheryl Esper, Property Manager of One & Two Chestnut Place request sidewalk repair on the Pearl St. side of 22 Elm St. (Attachments)

 

9.       Mary Toney request sidewalk repair in front of 127-131 Providence St. (Attachments)

 

9a.     Councillor Paul P. Clancy, Jr. request curb repair at #4 & #22-24 Vincent Circle. (Attachments)

 

10-13b REFERRED TO TRAFFIC & PARKING

 

10.     Robert Norsigian request handicap parking space in front of 53 Fairfield Rd. (Attachments)

 

11.     Dorey Flores request to remove the bus stop in front of 19A Queen St. (Attachments)

 

12.     Elba Grajales request handicap parking space at 40 Lakeside Ave. #4. (Attachments)

 

13.     Brenda St. Denis request to remove unused handicap parking spot in Everard St. located on first set of poles on the left coming from Belmont St. (Attachments)

 

13a.   Councillor Paul P. Clancy, Jr. request to remove handicap parking space at 19 Barclay St. (Attachments)

 

13b.   Councillor Paul P. Clancy, Jr. request to remove handicap parking space at 44 Fairfax Rd. (Attachments)

 

14-15 HEARINGS SET FOR MAY 23, 2006 - 4:00 PM

 

14.     NATIONAL GRID for pole relocation on: HILLSIDE STREET. (Attachments)

 

15.     NSTAR for gas main location on:  DANA AVENUE. (Attachments)

 

 

ORDERS

 

15a.   Request the City Manager forward a copy of the update on the Quinsigamond Avenue Gateway I Project be sent to the South Worcester Neighborhood Improvement Corporation for distribution to the Business Association so they can be kept informed. Motion-Haller @ #11B CM – Adopted (Attachments)

 

15b.   Request City Manager provide City Council with a detailed service report of the Customer Service Operations that backups City Manager’s item #12A that would include how many calls were answered per seconds and how many issues were resolved to the satisfaction to the caller. Motion-Petty @ #12A CM – Adopted (Attachments)

 

15c.   Request the City Manager request the new building commissioner re-inspects the property at 103 Holden St. before any demolition contract is awarded. Motion-Perotto @ #26B CM – Adopted (Attachments)

 

15d.   Request City Manager request the City Solicitor to prepare special legislation dealing with restrictions that would trigger a review and/or penalties to social service agencies sited in residential areas where there is a record of illegal sales of a controlled substances. Motion-Lukes @ #26C CM – Adopted (Attachments)

 

15e.   Request City Manager request the City Solicitor to prepare special legislation dealing with restrictions that would trigger a review and/or penalties to a social service agencies sited in residential areas on

the maximum number of occupants permitted to occupy a dwelling. Motion-Lukes @ #26C CM – Adopted (Attachments)

 

15f.    Request City Manager request the City Solicitor to prepare special legislation dealing with prohibitions for siting a social service program in a residential area programs that treats level 3 sex offenders. Motion-Lukes @ #26C CM – Adopted (Attachments)

 

15g.   Request the City Manager request the Commissioner of Department of Public Works & Parks to include savings that will be realized by eliminating the water feature from the Washington Square Reconfiguration in the report that would recap the full costs around the exterior of Union Station and in the roundabout. Motion-Perotto @ #33B CM – Adopted (Attachments)

 

15h.   Request City Manager obtain from Charter Communication a service report that would provide the reasons for moving the cable channels such as the Hallmark Station to a different tier of service so this report can be used as a tool to explain these changes to subscribers. Motion-Petty @ #34A CM – Adopted (Attachments)

 

15i.    Request City Manager provide City Council with a list of the parks improvement projects funded through CDBG grants and tax levy monies for FY07. Motion-Clancy @ #13B CM – Adopted (Attachments)

 

15j.    Request City Manager provide City Council with a report to determine if the funds received from the 2006 Healthy Communities Grant can be used for training programs to aide the planning department. Motion-Lukes @ #33I CM – Adopted (Attachments)

 

15k.   Request City Manager provide City Council with a report on the appeal process for Level 3 Sec Offenders, especially if the appeal affects the public’s access to information. Haller–Suspension of Rules–Adopted (Attachments)

 

15l.    Request Mayor submit a proclamation recognizing Toxic Soil Busters, a group made up of 14-16 children, for getting involved with their community by educating neighborhoods of the harmful effects of Lead in soil. Rushton–Suspension of Rules–Adopted (Attachments)

 

16.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MAY 16, 2006

 

APPOINTMENTS

 

 1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Neil Smith, Jared Smith, Francis Martin, William Coleman, and Nicholas Ryan as sworn weighers for the year 2006. (Attachments)  Placed on file

 

 2.  CITY COUNCIL CONFIRMATION:

 

 

TRANSMITTALS

 

EXECUTIVE OFFICE OF THE CITY MANAGER

 

 3.  AIRPORT DIVISION:

 

 4.  CABLE SERVICES DIVISION:

 

 5.  ELECTION COMMISSION DIVISION:

 

 6.  HUMAN RESOURCES DIVISION:

 

A.      Request your review, consideration, and approval of a salary ordinance amendment to implement the JLMC Arbitration Award relative to Local 1009 International Association of Firefighters. (Attachments) Voted to advertise propose ordinance

 

B.      Recommend that Item #33G totaling Two Million Six Hundred Forty Six Thousand Eight Hundred and Twenty Two Dollars ($2,646.822.00) to fund the Joint Labor Management Committee (JLMC) Panel’s Decision and Award for Case No. 03-13F between the International Association of Fire Fighters, Local #1009 and the City. (Attachments) Order adopted on a roll call 11-0 and Reconsideration denied on a roll call 0-11

 

 7.  WORKFORCE DEVELOPMENT:

 

OFFICE OF ECONOMIC DEVELOPMENT

 

 8.  ECONOMIC DEVELOPMENT DIVISION:

 

A.      Request City Council’s deliberation, consideration and approval of an order authorizing me to enter into a lease agreement with the owner of the property located at 44 Front Street, which will be the new location of the Divisions of Economic Development, Neighborhood and Housing Development, and Planning and Regulatory Services. (Attachments) Order adopted on a roll call 10-0

 

 9.  NEIGHBORHOODS & HOUSING DEVELOPMENT:

 

10.  PLANNING AND REGULATORY SERVICES DIVISION:

 

DEPARTMENT OF PUBLIC WORKS & PARKS

 

11.  ENGINEERING & ARCHITECTURAL SERVICES DIVISION:

 

A.      Communication relative to a traffic study of the intersection of Grafton Street and Penn Avenue. (Attachments) Placed on file

 

B.      Communication relative to an update on the Quinsigamond Avenue Gateway I Project. (Attachments) Referred to Public Works Committee

 

12.  OPERATIONS DIVISION:

 

A.      Communication relative to productivity improvements. (Attachments) Referred to Public Works Committee

 

13.  PARKS DIVISION:

 

A.               Request adoption of a resolution to accept with gratitude a donation of Three Thousand One Hundred Dollars ($3,100.00) from Victory in Christ Worcester South Foursquare Church. (Attachments) Resolution adopted with gratitude

 

 

B.      SUPPLEMENTAL Communication relative to an updated report on Parks Division projects within the city. Referred to Youth, Park & Recreation Committee (Attachments)

 

PUBLIC SAFETY DEPARTMENTS

 

14.  COMMUNICATIONS DEPARTMENT:

 

15.  FIRE DEPARTMENT:

 

A.      Communication relative to the individuals who were displaced by the fire on Wall Street on April 20, 2006. (Attachments) Placed on file

 

B.      Communication relative to the City’s policy on the installation of magnetic caps on fire hydrants. (Attachments) Placed on file

 

16.  LICENSE COMMISSION:

 

17.  POLICE DEPARTMENT:

 

DEPARTMENT OF HEALTH & HUMAN SERVICES

 

18.  CODE ENFORCEMENT DIVISION:

 

19.  DISABILITY DIVISION:

 

20.  ELDER AFFAIRS DIVISION:

 

21.  HUMAN RIGHTS DIVISION:

 

22.  HUMAN SERVICES DIVISION:

 

23.  PUBLIC HEALTH DIVISION:

 

24.  PUBLIC LIBRARY:

 

25.  VETERANS’ SERVICES DIVISION:

 

LAW DEPARTMENT

 

26.  LEGAL DIVISION:

 

A.      Communication relative to the court decisions and legal opinions concerning individuals who have petitioned to be considered for appointment as police officers. (Attachments) Referred to Legislative Affairs Committee

 

B.      Communication relative to 103 Holden Street. (Attachments) Placed on File

 

C.      Communication relative to the legality of City Council endorsement of recommendations from the Mayor’s Social Service Task Force. (Attachments) Held to be First Item of Business May 23, 2006

 

PUBLIC SCHOOL DEPARTMENT

 

27.  PUBLIC SCHOOLS:

 

DEPARTMENT OF ADMINISTRATION & FINANCE

 

28.  ASSESSING DIVISION:

 

A.      Communication relative to the application process for tax-exempt status for non-profits and the Dover amendment. (Attachments) Referred to Joint Committee on Health & Municipal Operations

 

29.  BUDGET OFFICE DIVISION:

 

30.  PURCHASING DIVISION:

 

31.  TECHNICAL SERVICES DIVISION:

 

32.  TREASURY & COLLECTIONS DIVISION:

 

 

FINANCE ITEMS

 

33.  FINANCE DIVISION:

 

A.      Recommend that Three Thousand Eight Hundred Dollars ($3,800.00) be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C775, Broad Meadow Brook Improvements, to pay for contractual obligations for engineering services related to improvements at Broad Meadow Brook, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 9-0

 

B.      Recommend that Three Hundred Thousand Dollars ($300,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C743, Washington Square, to pay for contractual obligations for engineering services related to improvements to Washington Square, as approved in the Capital Improvement Program. (Attachments) Tabled under privilege – Perotto – Held to be Second Item of Business

 

C.      Recommend that Ten Thousand Six Hundred Forty One Dollars and Seventy Nine Cents ($10,641.79) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #44012204, Quinsigamond Avenue Treatment Plant, to fund repair costs associated with flood damage. (Attachments) Order adopted on a roll call 9-0

 

D.      Recommend that Two Hundred Thousand Dollars ($200,000.00) be transferred from Account #91C738, Reservoir Remodeling, and appropriated to Account #45C728, Reservoir Rehabilitation, to pay for contractual obligations related to engineering cost water tank study and design, Lynde Brook spillway repair and the Holden Reservoir intake screens, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 9-0

 

E.      Recommend that One Hundred Fifty Thousand Dollars ($150,000.00) be transferred from Account #470-91000, Worcester Regional Airport Personal Services, and appropriated to Account #470-92000, Worcester Regional Airport Ordinary Maintenance, to supplement the fiscal 2006 ordinary maintenance budget to finance the start up expenses necessary to prepare the terminal and its surrounding for commercial airline activity in addition to certain extraordinary costs incurred during the year. (Attachments) Order adopted on a roll call 9-0

 

F.      Recommend that Six Thousand Dollars ($6,000.00) be transferred from Account #122-92000, Property & Liability Ordinary Maintenance, and appropriated to Account #043-92000, Economic Development Ordinary Maintenance, to provide funding to pay DEP assessments charges related to the City Hospital environmental cleanup for fiscal years 2005 & 2006. (Attachments) Order adopted on a roll call 9-0

 

G.      Recommend that Two Million Six Hundred Forty Six Thousand Eight Hundred Twenty Two Dollars ($2,646,822.00) be transferred from the following accounts:

 

ACCT.

DESCRIPTION

AMOUNT

900-91000

City Manager’s Contingency

$2,021,310.00

661-94000

Debt Service Principal

$   490,000.00

662-94000

Debt Service Interest

$     69,250.00

122-92000

Property & Liability

$     18,000.00

150-92000

Election OM

$     15,000.00

330-07

Res. For Approp. Dam. Settlement

$     33,262.00

 

Total

$2,646,822.00

 

And appropriated to Account #260-91000, Fire Department Personal Services to finance the JLMC Panel’s decision and award for Case No. 03-13F between the International Association of Fire Fighters, Local #1009 and the City of Worcester, MA. (Attachments) Order adopted on a roll call 11-0 and Reconsideration denied on a roll call 0-11

 

H.      Recommend that Item #33G totaling Two Million Six Hundred Forty Six Thousand Eight Hundred and Twenty Two Dollars ($2,646.822.00) to fund the Joint Labor Management Committee (JLMC) Panel’s Decision and Award for Case No. 03-13F between the International Association of Fire Fighters, Local #1009 and the City. (Attachments) (#33H has been renumbered to #6B and moved to the appropriate location)

 

I.                   SUPPLEMENTAL Request City Council’s review, consideration and adoption of a resolution to file and accept a 2006 Healthy Communities Grant through the Environmental Protection Agency (EPA) New England Region. Resolution adopted (Attachments)

 

MISCELLANEOUS TRANSMITTALS

 

34.  MISCELLANEOUS CALENDAR ITEMS:

 

A.      Communication relative to Charter Communication’s Call Center Realignment Plan. (Attachments) Placed on file

 

B.      Communication provided by National Grid regarding the process and proposed changes that are in place to notify residents about planned power outages in the City of Worcester. (Attachments) Referred to Public Service & Transportation Committee

 

17.     RECESS TO FINANCE AND ORDINANCE – No action taken

 

FINANCE

 

a.       #29a CM January 31, 2006

Communication of the City Manager regarding a fiscal year 2006 status report on the number of, and the amount of, Federal and State grants written, awarded, and pending approval by the appropriate Federal and State agencies. (Attachments)

 

b.       #29b CM January 31, 2006

Communication of the City Manager relative to Governor Romney’s proposed budget for Fiscal 2007, including his recommendations for local aid for the City of Worcester. (Attachments)

 

c.                 #27A CM April 25, 2006

Communication relative to Dr. Caradonio’s letter that was sent to the Worcester School Committee on April 11, 2006 to update them on the financial impact associated with the unveiling of the House Ways and Means FY 2007 State Budget on the Worcester Public Schools. (Attachments)

 

COMMUNICATION

 

18.     Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau transmitting How Can Worcester Insure Its Fiscal Health in FY07 and Beyond? (Attachments)  Referred to Finance Committee

 

TabledNo action taken

 

19.     Order - That the ordinance relative to the Police Departments License Board as it relates to taxi regulations be rescinded. (Murray) (Attachments)  (Tabled May 2, 2006)

 

20.     Communication of City Manager Michael V. O’Brien relative to the Joint Labor Management Committee’s Arbitration Opinion and Decision, Award and Concurring Opinion (from the management representative panelist Daniel J. Morgado) regarding the FY04 – FY07 successor contract for IAFF Local #1009. (Tabled May 9, 2006) (Attachments)

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

MAY 15, 2006

   6:00 P.M.

COMMERCE & DEVELOPMENT

COUNCIL CHAMBER

 

 

 

 

MAY 16, 2006

   6:00 P.M.

 

LAND USE

COUNCIL CHAMBER

MAY 16, 2006

   6:30 P.M.

PUBLIC WORKS

ROOM 310, CITY HALL

 

 

 

MAY 17, 2006

   6:00 P.M.

 

PUBLIC WORKS

COUNCIL CHAMBER

MAY 22, 2006

   6:00 P.M.

YOUTH, PARKS & RECREATION

 

 

COUNCIL CHAMBER

MAY 23, 2006

   2:00 P.M.

 

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

MAY 25, 2006

   5:00 P.M.

 

COMMUNITY DEVELOPMENT

COUNCIL CHAMBER

MAY 30, 2006

   4:00 P.M.

FINANCE

FY07 Budget

 

COUNCIL CHAMBER

 

MAY 31, 2006

   6:00 P.M.

 

COMMUNITY DEVELOPMENT

COUNCIL CHAMBER

JUNE 5, 2006

   6:00 P.M.

 

MUNICIPAL OPERATIONS

COUNCIL CHAMBER

JUNE 6, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 7, 2006

   5:30 P.M.

 

 

TRAFFIC & PARKING

COUNCIL CHAMBER

JUNE 8, 2006

   5:00 P.M.

 

EDUCATION & COLLEGE/UNIVERSITY RELATIONS

 

COUNCIL CHAMBER

JUNE 12, 2006

   7:00 P.M.

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

 

 

 

JUNE 13, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 20, 2006

   4:00 P.M.

 

FINANCE

FY07 Budget

COUNCIL CHAMBER

PLEASE NOTE:   THE CITY COUNCIL WILL MEET AT 4:00 P.M. ON MAY 23, 2006                          

 

CITY COUNCIL SUMMER MEETING SCHEDULE

 

July 18, 2006 – 4:00 P.M.

 

August 29, 2006 – 4:00 P.M.