CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 6, 2007

Council Chamber

Convened: 7:00 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. Barbara G. Haller
Dennis L. Irish Philip P. Palmieri
Michael C. Perotto 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 - ALEXANDRA MILLS

3.

ROLL CALL-All present except Councilor Perotto. Councilor Toomey arrived at 7:10 P.M.

4.

HEARING & ORDER

4a.

Hearing - NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint pole relocation in: LINCOLN ST.

Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint pole relocation in: LINCOLN ST.

Attachments

Hearing Held/Adopted on a roll call vote of 9 Yeas and 0 Nays (Perotto, Toomey absent)

 

5.

FIRST ITEM OF BUSINESS

5a.

Chairman's Order from the Military Affairs Committee - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled Under Privilege- Lukes February 27, 2006)

Attachments

Tabled-Clancy

 

6.

SECOND ITEMS OF BUSINESS

6a.

Resolution - That the City Council of the City of Worcester go on record in support of the Governor and Lt. Governorís Municipal Tax Relief Proposal concerning meals and hotel taxes, the closing of corporate tax loopholes and the options involving the Group Insurance Commission. (Rushton, Toomey, Smith, Petty, Perotto, Clancy, Irish) (Tabled Under Privilege - Lukes February 27, 2007)

Attachments

Taken off the Table and Motion to table by Lukes denied on a roll call vote of 3 Yeas and 7 Nays (Yeas - Haller, Rosen, Lukes) (Nays - Clancy, Irish, Palmieri, Petty, Rushton, Smith, Toomey) (Perotto absent) Resolution adopted on a roll call vote of 8 Yeas and 2 Nays (Yeas - Clancy, Haller, Irish, Palmieri, Petty, Rushton, Smith, Toomey) (Nays - Rosen, Lukes) (Perotto absent)

 

6b.

Resolution - That the City Council of the City of Worcester support the municipal aid package filed by the Patrick-Murray Administration and urges support by Worcester's State Legislative Delegation. (Irish, Rushton, Petty, Perotto, Palmieri) (Tabled Under Privilege - Lukes February 27, 2007)

Attachments

Taken off the Table and Motion to table by Lukes denied on a roll call vote of 3 Yeas and 7 Nays (Yeas - Haller, Rosen, Lukes) (Nays - Clancy, Irish, Palmieri, Petty, Rushton, Smith, Toomey) (Perotto absent) Speakers: Art Cantor, President and CEO of Massachussetts Lodging Association, Roslindale Resident, Mark Waxler, Worcester Resident, Donna McCabe, Worcester Resident Resolution adopted on a roll call vote of 8 Yeas and 2 Nays (Yeas - Clancy, Haller, Irish, Palmieri, Petty, Rushton, Smith, Toomey) (Nays - Rosen, Lukes) (Perotto absent)

 

7.

ITEMS OF CITIZEN INTEREST

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Teri Kleinberg and Bernt Tore Bratane request abatement of street assessment #50179 in the name of Shawn and Alex Santiago in the amount of $3682.70 in Belcourt Rd.

Attachments

Referred to Public Works Committee

 

9b.

Marchia Frangiosa request (5) five private directional signs for residents of Vernon Hill at 30 Rice Lane to be placed in Heywood St. and Vale St.

Attachments

Referred to Traffic and Parking Committee

 

9c.

Richard Simard of Blackstone Harvest request (1) one parking space at 18 Harrison St. as a commercial loading zone for deliveries.

Attachments

Referred to Traffic and Parking Committee

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
A.

Appointment of Kevin O'Sullivan as Chairperson of the License Commission.

Attachments

Placed on file

 
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

10.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

10.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

10.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

10.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Creation of a Worcester Lights Program.

Attachments

Referred to Commerce and Development Committee

 
B.

Recommend Adoption of a Resolution to File and Accept a Grant Through the MassDevelopment Brownfields Redevelopment Fund Asbestos and Lead Paint Abatement Program.

Attachments

Tabled Under Privilege - Lukes

 
 

10.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
 

10.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

10.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

10.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Cost for Repaving the Entirety of Monadnock Road.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Gateway Park Public Street Decree.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication Relative to the Hazardous Condition of the Private Sewer on Perkins Street.

Attachments

Referred to Public Works Committee

 
D.

Transmitting Informational Communication Relative to a Parking Plan for the Area of Chandler St. between May St. and Rockwood Field.

Attachments

Recommitted to City Manager to include a short-term parking plan.

 
 

10.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Structural Integrity of the Light Poles at the Worcester Technical High School Athletic Fields.

Attachments

Referred to Education and College/University Relations Committee

 
 

10.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

10.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Recommend City Council Adoption of a Resolution to File and Accept a FY07 Firefighter Equipment Grant from the Massachusetts Executive Office of Public Safety.

Attachments

Resolution adopted

 
 

10.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

10.17

PUBLIC SAFETY DEPARTMENTS
Police Department
A.

Recommend City Council Accept with Gratitude a $1000.00 Donation from Sam's Club to be Utilized for the WPD Water Carrier Award.

Attachments

Order adopted with gratitude

 
B.

Transmitting Informational Communication Relative to the Definition of City Areas for the Purposes of Crime Statistics Gathering.

Attachments

Referred to Public Safety Committee

 
C.

Transmitting Informational Communication Relative to the Staffing of Police Liaisons to the School Department to its Full Complement for FY07.

Attachments

Referred to Public Safety Committee

 
D.

Transmitting Informational Communication Relative to the WPD's 2007 Summer Impact Program.

Attachments

Referred to Public Safety Committee

 
E.

Transmitting Informational Communication Relative to the Range and Activity of Breaking and Enterings of Private Property Throughout the City.

Attachments

Referred to Public Safety Committee

 
F.

Recommend Adoption of a Resolution to File and Accept a FY07 Statewide Bicycle Helmet Distribution Program Grant from the Governor's Highway Safety Bureau.

Attachments

Resolution adopted

 
 

10.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

10.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
A.

Transmitting Request of the Worcester Housing Authority for a Waiver of Building Permit Fees.

Attachments

Referred to Fees and Charges Committee

 
B.

Transmitting Informational Communication Relative to the Process and Requirements for Obtaining a Street Vendorís License.

Attachments

Referred to Public Safety Committee

 
 

10.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

10.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
A.

Transmitting Informational Communication Relative to the Availability and Affordability of Housing for our City's Senior Population.

Attachments

Referred to Housing and Neighborhood Revitalization Committee

 
 

10.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

10.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

10.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
 

10.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend City Council's Review, Consideration and Adoption of a Resolution to Accept with Gratitude a Donation of $2,500.00 from the American Library Association.

Attachments

Resolution adopted with gratitude

 
 

10.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

10.27

PUBLIC SCHOOL DEPARTMENT
 

10.28

LAW DEPARTMENT
Legal Division
 

10.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

10.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the Status of the City's Internet Bill Payment System.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting Informational Communication Regarding an Update on the Fiscal Year 2008 Budget.

Attachments

Referred to Finance Committee

 
 

10.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

10.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

10.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

10.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Ninety Five Thousand Dollars And No Cents ($95,000.00) be transferred from Account #91C780, Capital Equipment, and be appropriated to Account #68C701, Technical Services Capital Equipment to fund the purchase of Data Center Environmental units.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
B.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C739, Sewer Drainage, an be appropriated to DPW Account #44C750, Lateral Sewers to allow for the payment of sewer drainage improvement obligations.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
C.

Recommend that Twenty Two Thousand Seven Hundred Twenty Dollars And No Cents ($22,720.00) be transferred from Loan Account #91C780, Capital Equipment, when and as received and be appropriated to DPW Account #41C703, Capital Equipment to allow for the purchase of a 4X4 truck for the Streets Division.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
D.

Recommend that Eighty Four Thousand Four Hundred Sixty Two Dollars And No Cents ($84,462.00) be transferred when and as received from Loan Account #91C734, Sewer Capital Equipment, and be appropriated to Sewer Account #44C704, Capital Equipment to allow for the purchase of backhoe loader.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
E.

Recommend that a One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C749, Airport Capital Equipment and be appropriated to Account 47C701, Airport Capital Equipment for parking lot equipment and automated controls.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
F.

Recommend that Three Hundred Fifty One Thousand Nine Hunded Thirty Dollars and Fifteen Cents ($351,930.15) be transferred from Account #91C790, School Construction and be appropriated to Account #28C720 FF&E Worcester Technical High School to pay for furniture and fixtures.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
G.

Recommend that Eight Hundred Sixty Six Thousand Four Hundred Twenty Six Dollars and Forty Two Cents, ($866,426.42) be transferred from Account #91C790, School Construction and be appropriated to Account 28C717, Worcester Technical School Construction.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
H.

Recommend that Three Hundred Twenty Five Thousand Dollars And No Cents ($325,000.00) be transferred from Account 91C711 ,Citywide Capital Rehabilitation, and be appropriated to Account 25C702, Police Capital Rehabilitation, for the reconstruction of the parking lot and parking lot lights at police headquarters.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
I.

Recommend that Fourteen Thousand One Hundred Fifty One Dollars And No Cents ($14,151.00) be transferred from 91C780, Capital Equipment and be appropriated to Account #04C746, Economic Development Capital Equipment to fund the purchase of a color copier for Economic Development.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Perotto, Rushton, Toomey absent)

 
 

10.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Six Thousand Fifteen Dollars And No Cents ($6,015.00) be transferred from Account #330-07, Reserve for Appropriation Damage Settlements, and be appropriated to DPW Account #410318, Sidewalk Repairs O.M. to allow for payment of sidewalk improvements at 90-92 Bellevue Street.

Attachments

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

 
B.

Recommend that Thirty Six Thousand Dollars and No Cents ($36,000.00) be transferred from Account #900-92000, City Manager's Contingency and be appropriated to Account #150-92000, Elections Ordinary Maintenance to fund the Special Elections to fill the 14th Worcester Representative District.

Attachments

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

 
 

10.36

FINANCE ITEMS
Prior Year
 

10.37

MISCELLANEOUS AGENDA TRANSMITTALS
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Appointment of a Task Force on Homelessness.

Attachments

Placed on file

 
11.

RECESS TO FINANCE COMMITTEE

11a.

#9.37A CM November 28, 2006
Communication of the City Manager transmitting informational communication regarding the Five-Year Financial Plan for the Worcester Public Schools.

Attachments

No action taken

 

11b.

#11a CC December 19, 2006
Communication of James A. DelSignore, City Auditor, transmitting communication relative to the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2006.

Attachments

No action taken

 

11c.

#11b CC December 19, 2006
Communication of James A. DelSignore, City Auditor, transmitting communication relative to the City's fiscal 2006 Management Recommendation Letter.

Attachments

No action taken

 

11d.

#12e CC January 2, 2007 Communication of James A.DelSignore transmitting communication relative to November 2006 Auditor's Report.

Attachments

No action taken

 

11e.

#11a CC January 16, 2007
Communication of James A. DelSignore transmitting communication relative to the Reports on Federal Award Programs - the City's Single Audit - for the Fiscal Year ended June 30, 2006.

Attachments

No action taken

 

11f.

#12b CC January 23, 2007
Communication of James A. Delsignore, City Auditor, transmitting communication relative to the December 2006 Auditor's Report.

Attachments

No action taken

 

11g.

#5a CC January 23, 2007
Communication of James A. DelSignore, City Auditor, transmitting a financial analysis of the City's General Fund and Enterprise Funds as of December 31, 2006.

Attachments

No action taken

 

11h.

#5b CC January 23, 2007
Communication of City Manager Michael V. OíBrien regarding a presentation on the status of the Fiscal Year 2007 budget at the Finance Committee meetings on January 23, 2007 and February 27, 2007.

Attachments

No action taken

 

11i.

#10a CC February 27, 2007
Communication of James A. DelSignore, City Auditor, transmitting communication relative to January 2007 Auditor's Report.

Attachments

No action taken

 

11j.

#10b CC February 27, 2007
Communication of James A. DelSignore, City Auditor, transmitting communication relative to the schedule of the City's authorized and unissued bonds gross and net of bond anticipation notes as of January 31, 2007.

Attachments

No action taken

 

12.

COMMUNICATIONS

12a.

James A. DelSignore, City Auditor, transmitting communication relative to a financial analysis of the City's General Fund and Enterprise Funds as of January 31, 2007.

Attachments

Referred to Finance Committee

 

12b.

James A. DelSignore, City Auditor, transmitting communication relative to accidental disability applicants who had either no pre-employment physical or an examination that was not adequate.

Attachments

Referred to Municipal Operations Committee

 

12c.

James A. DelSignore, City Auditor, transmitting communication relative to updated information regarding the current cost of accepting MGL Chapter 157, Section 2 of the Acts of 2005.

Attachments

Referred to Military Affairs Committee

 

13.

REPORTS OF THE PLANNING BOARD

13a.

REPORT OF THE PLANNING BOARD Upon the Petition of Attorney Joe Boynton on behalf of Holy Cross Hill Realty, LLC request to remove from the official map the portion of Coonan St. from the easterly terminus of the opening of said way approved by the Planning Board on November 30, 2005, westerly approximately 90' to a line that extends from the northerly boundary of the petitioner's land.

Attachments

Accepted

 

13b.

REPORT OF THE PLANNING BOARD Upon the Petition of Allyn Jones request the property located at 1097 Pleasant St. currently zoned RS-7 and BL-1.0 be changed in its entirety to BL-1.0.

Attachments

Referred to Land Use Committee for a hearing

 

14.

TO BE ORDAINED

14a.

Amend Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991 relative to a zone change in the Greenwood Street Area.

Attachments

Ordained on a roll call vote of on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)

 

15.

TABLED UNDER PRIVILEGE

15a.

Order of Councilor Dennis L. Irish, Councilor Frederick C. Rushton, Councilor Joseph M. Petty, Councilor Michael C. Perotto, Councilor Joffrey A. Smith and Councilor Kathleen M. Toomey - Request City Manager prepare home rule legislation which would permit Worcester to offer employee health benefits through the Commonwealth's Group Insurance Commission. (Tabled - Lukes February 27, 2007)

Attachments

Taken off the Table and Order adopted

 

15b.

Order of Councilor Frederick C. Rushton - Request the City Manager request Great and General Court consider as part of their review of the Governor's "municipal relief package" to make the hotel tax applied to Worcester, Boston, Springfield, and Lowell of 12.45 percent be applied uniformly across the state. (Tabled - Rushton February 27, 2007)

Attachments

Taken off the Table and Order adopted on a roll call vote of 9 Yeas and 1 Nay (Yeas - Clancy, Haller, Irish, Palmieri, Petty, Rosen, Rushton, Smith, Toomey) (Nay - Lukes) (Perotto absent)

 

16.

TABLED ITEMS

16a.

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

 

16b.

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Attachments

No action taken

 

17.

SUSPENSION OF RULES

17a.

Motion-Haller @ #12a CC- Request City Manager forward a copy of item #10.30B CM, City Manager's Informational Communication Regarding an Update on the Fiscal Year 2008 Budget and item #12a CC, City Auditor's Communication Relative to a Financial Analysis of the City's General Fund and Enterprise Funds as of January 31, 2007, from the March 7, 2007 agenda to the local state delegation.

Attachments

Order adopted

 

17b.

Motion-Lukes @ #12a CC - Request City Manager provide the City Council with a report which lists the table of organization and the vacant positions within each department.

Attachments

Order adopted

 

17c.

Motion-Clancy @ #12a CC - Request City Auditor provide the City Council with a report which divulges the advantages and disadvantages of migrating retirees into the Medicare Program such as the costs, benefits and in particular, the prescription plan.

Attachments

Order adopted

 

17d.

Motion-Irish @ #10.17B CM - Request City Manager provide a map for item 10.17 B on the March 7, 2007 agenda pertinent to a Communication Relative to the Definition of City Areas for the Purpose of Crime Statistics Gathering.

Attachments

Order adopted

 

17e.

PETITION - Councilor Frederick C. Rushton request to change the winter parking ban on Carter Rd. to only one side of the street.

Attachments

Referred to Traffic and Parking Committee

 

17f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Bohler Engineering, P.C. request to construct a 120 ft. minor sewer extension on Lanesboro Rd. at petitioner's expense: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted Reconsideration denied on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)

 

17g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Stephen Begonis, President of SPB Contracting, Inc., request permission to extend the sewer main on Oriental St. from Chester St. approximately 370 linear feet to the southwest subject to a prior agreement at the contractor's expense: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted Reconsideration denied on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)

 

17h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Philip Morgan request extension of 2" sanitary force main approximately 180' south easterly along Wheeler Ave. at the owner's expense: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted Reconsideration denied on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)

 

17i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petiton of Bryan Goodall request to install a sewer extension by gravity and low pressure sewer in Farm St. 129' to service 1 existing residential lots and 2 proposed residential lots. All work to be done at petitioner's expense and DPW's specifications: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted Reconsideration denied on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)

 

17j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Bryan Goodall request to install a sewer extension by gravity and low pressure sewer in Swan Ave. 463' to service 4 existing residential lots and 3 proposed residential lots. All work to be done at petitioner's expense and DPW's specifications: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted Reconsideration denied on a roll call vote of 10 Yeas and 0 Nays (Perotto absent)