CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 24, 2011

Esther Howland Chamber

Convened: 6:08 P.M.

Recessed into Executive Session: 6:09 P.M.
Reconvened into Open Session: 7:15 P.M.
Recessed into Finance Committee: 7:55 P.M.
Reconvened into Open Session: 9:33 P.M.
Adjourned: 9:59 P.M.


Mayor
Joseph C. O'Brien

 

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
Konstantina B. Lukes Philip P. Palmieri City Clerk
David J. Rushford
Joseph M. Petty 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 execpt Councilors Germain, Petty and Toomey with the Mayor in the Chair. Councilors Germain and Petty joined the Council in Executive Session at 6:24 P.M.

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of May 10, 2011.

Attachments

Order adopted

 

5.

EXECUTIVE SESSION

5a.

FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester will recess to Executive Session on May 24, 2011 at 6:00 P.M. to discuss unresolved collective bargaining negotiations. (Clancy)

Attachments

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

 

6.

RECESS TO FINANCE COMMITTEE - (see Finance Committee Agenda)

7.

ITEMS OF CITIZEN INTEREST

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Martha Giard et al request Arbutus Road be repaved.

Attachments

Mayor O'Brien suspended the rules to allow the Petitioner to speak; the Petitoner addressed City Council concerning this request as well as #9b & 9c. Referred to Public Works Committee

 

9b.

Martha Giard et al request sidewalks be repaired and repaved where any trees have been removed on Arbutus Rd.

Attachments

Referred to Public Works Committee

 

9c.

Martha Giard et al request curbing be realigned where roots of former maple trees protruded.

Attachments

Referred to Public Works Committee

 

9d.

Felicio Lama, Owner of Northeast Properties request crosswalk at the corner of West and William St. be restriped.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Thomas Dubois request two handicap parking signs in front of 150 Coolidge Rd. be removed.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Virginia Ryan et al request Worcester City Council pass a resolution in support of Governor Deval Patrick's proposed legislative changes to the state's health care payment system. In accordance with this legislation, the Worcester City Council could establish a Public Employee Committee to include retirees in negotiations on health insurance or show just cause why this cannot be done.

Attachments

Mayor O'Brien suspended the rules to allow the Petitioner to speak; the Petitoner addressed City Council concerning this request. Referred to Rules and Legislative Affairs Committee

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Lamont Slater to the Historical Commission.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Carolyn Grenier to the Commission on Elder Affairs.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Appointment of Ronald P. Richard to the Off-Street Parking Board.

Attachments

Placed on file

 
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

DEPARTMENT OF HUMAN RESOURCES
 

10.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Recommend Adoption of an Order to Execute a Deed Conveying All Right, Title, and Interest of Real Property Located at 152 Goddard Memorial Drive.

Attachments

Order adopted

 
 

10.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
A.

Transmitting Informational Communication Relative to the HOME Affordable Housing Development Program.

Attachments

Referred to Economic Development Committee

 
B.

Recommend Adoption of an Order to Transfer Tax Title Property Located at 8 Chandler Street to 4A & S Realty.

Attachments

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

 
C.

Recommend Adoption of an Order to Transfer Tax Title Property Located at 9 Oread Place for the Purpose of Creating a Community Gardening Pilot Project.

Attachments

Mayor O'Brien moved to be recused - Approved on a roll call vote of 9 Yeas and 0 Nays (Toomey absent) Order adopted on a roll call vote of 9 Yeas and 0 Nays (Toomey absent)

 
 

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
A.

Recommend Adoption of the Attached Resolutions to File and Accept FY12 Grants from the State Department of Elementary and Secondary Education.

Attachments

Four (4) Resolutions adopted

 
 

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
A.

Transmitting Informational Communication Relative to an Update on the Upper Blackstone Permit Appeal.

Attachments

Referred to Public Works Committee

 
 

10.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of March 2011.

Attachments

Referred to Public Works Committee

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

10.16

FIRE DEPARTMENT
 

10.17

POLICE DEPARTMENT
 

10.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Recommend Adoption of a Resolution to File and Accept a FY 2012 Regional Public Safety Answering Point Development Grant.

Attachments

Resolution adopted

 
 

10.19

LICENSE COMMISSION
 

10.20

LAW DEPARTMENT
 

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 Accept a Donation in the Amount of Five Hundred Dollars and No Cents ($500) from Hebrew SeniorLife to Support the "Healthy Eating for Successful Living in Older Adults" Program at the Worcester Senior Center.

Attachments

Resolution adopted

 
 

10.26

WORCESTER PUBLIC LIBRARY
 

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
 

10.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Recommend Adoption of an Order for the Issuance of Refunding Bonds.

Attachments

Voted to advertised proposed Loan Order

 
 

10.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Eight Thousand Seven Hundred Dollars And No Cents ($8,700.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C702, City Hall Rehabilitation, to provide funding for various work in City Hall.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent)

 
 

10.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Account #170-91000, Human Resources Personal Services, and be appropriated to Account #170-97000, Human Resources Overtime, to provide funding for additional overtime expenses related to the employee benefit open enrollment period.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent)

 
 

10.37

FINANCE ITEMS
Prior Year
 

10.38

FINANCE
Loan Orders
 

10.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Recommend Adoption of the Attached Amendments to the Organizational Ordinance for the Executive Office of Economic and Neighborhood Development.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting Informational Communication Relative to Adjustments to Departmental Fees and Charges.

Attachments

Referred to Finance Committee

 
C.

Transmitting Informational Communication Relative to Upcoming Memorial Day Activities.

Attachments

Placed on file

 
11.

CHAIRMAN'S ORDERS

11a.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council all the base wage increases that have been granted over the past 8 and 10 years to all collective bargaining groups for both the municipal and school side. (Clancy)

Attachments

Order adopted

 

11b.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning ESCOW possibilities at the Main Public Library as well as the Francis Perkins Library, especially for cost savings in the heat and hot water operations. (Toomey)

Attachments

Order adopted

 

11c.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the City Solicitor report to City Council the number of hours an attorney from the Law Department acted as a hearings officer for the Worcester Public Schools and report the projected number of hours for FY2012. (Toomey)

Attachments

Order adopted

 

11d.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider restoring positions within the Law Department through the collection of bond monies as a result of bank foreclosures. (O'Brien)

Attachments

Order adopted

 

12.

TO BE ORDAINED

12a.

Amending Chapter 8 Section 9B of the Revised Ordinances of 2008 relative to the Regulation of Feeding or Baiting of Waterfowl.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent)

 

12b.

Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Coral St. One Way Southerly from Grafton St. to Union Place.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent)

 

13.

TABLED ITEMS

13a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri and State Representative Vincent Pedone request to install a trailer truck ban in Mulberry St. between Shrewsbury St. and East Central St.: recommend the passage of the accompanying proposed Ordinance. (Tabled - Petty June 8, 2010)

Attachments

No Action Taken

 

13b.

Communication of the City Manager transmitting informational communication relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits. (Tabled Under Privilege - O'Brien April 26, 2011 & Tabled - Lukes May 3, 2011)

Attachments

No Action Taken

 

14.

NEW BUSINESS UNDER SUSPENSION OF RULES

14a.

Motion Lukes - Suspension of Rules - That all future TIF projects when brought before City Council to keep all discussions on the floor of the council unless otherwise required by executive session parameters. (Lukes)

Attachments

Denied on a roll call vote of 1 Yea and 9 Nays (Yea - Lukes) (Nays - Clancy , Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien) (Toomey absent)

 

14b.

Councilor Rushton, Chairman of the Economic Development Committee, requested the following Reports be submitted for consideration:

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend Adoption of Attached Resolutions to Designate Parcel L-3 in the CitySquare Development Project a Certified Project and Site Specific Economic Opportunity Area.: recommend adoption of the accompanying two Resolutions

Attachments

Accepted and Two Resolutions adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)

 

14c.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Proposed Certified Project for Vanguard/Saint Vincent Hospital in the CitySquare Development Project: recommend Communication be placed on file.

Attachments

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

 

14d.

COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Saint Vincent Hospital Cancer Center Project - City Square.

Attachments

Referred to Planning Board Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)