CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 24, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 7:58 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present except for Councilor Lukes and O'Brien with the Mayor in the Chair. Councilor O'Brien arrived at 7:06 P.M. and Councilor Lukes arrived at 7:12 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 January 10, 2012.

Attachments

Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor Petty moved for a moment of silence recognizing the passing of Suzanne Patton, wife of former City Councilor Stephen T. Patton who served as District One City Councilor for twelve years.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Frank & Jana Ceffalo Jr. request abatement of street betterment assessment #25019 in the amount of $9,928,80 for Woodcliffe Ave.

Attachments

Referred to Public Works Committee

 

7b.

Mary Ann Powell request to install handicap parking space in front of 47 Ellsworth St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Steven Greene of Glickman Kovago & Co. Management request installation of a pedestrian crossing signal at the site of an existing crosswalk at the intersection of 25 Aldrich Place and Chatham St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY AUDITOR

8a.

Transmitting Auditor's Report for December 2011.

Attachments

Referred to Finance Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager request the City Solicitor to inform City Council whether it is the property owner or the municipality who bears the burden of proof when property values are contested.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request the Commissioner of the Department of Public Works and Parks to review the traffic flow in relation to pedestrian safety in Murray Avenue at the rear of the market and pharmacy and make recommendation for improvements, especially for the elderly at 50 Murray Avenue. (Rivera)

Attachments

Order adopted

 

10b.

Request City Manager provide City Council with a report concerning the expansion of youth employment opportunities for the Summer of 2012 including information how he will work with major employers throughout the region. (Rivera)

Attachments

Order adopted

 

10c.

Request City Manager communicate with the Environmental Protection Agency to determine if all federal air, water and sound standards are being met at the Treeline Construction rock crushing plant in Millbury which abuts residential neighborhoods in Worcester. (Toomey, Russell)

Attachments

Order adopted

 

10d.

Request City Manager forward a copy of the report by the Massachusetts Taxpayers Foundation dated January 2012 regarding Municipal Retiree Health Care Liabilities and further request the City Auditor to submit a written response concerning the report to the City Council. (Lukes)

Attachments

Councilor Lukes moved to amend: Request the words City Auditor be changed to Chief Financial Officer. Councilor Rushton moved to amend: Further, request City Manager provide City Council with previous reports from the City Auditor concerning this subject. Order adopted, as amended

 

10e.

Request Administration to submit a report listing the 100 highest business/commercial/ industrial taxpayers including the real estate and personal property taxes paid in the past 2 years also listing any tax exemptions for each taxpayer. (Lukes)

Attachments

Councilor Lukes moved to amend: Request to include CSX in the report Order adopted, as amended

 

10f.

Request the City Manager request the Fire Chief and Commissioner of the Department of Public Works and Parks explain to the City Council alternative access for emergency vehicles into Union Hill in light of the closing of Coral Street at Grafton Street. (Russell)

Attachments

Councilor Eddy moved to amend: Further, request the report to include the following: 1). Report if any areas in Union Hill, Grafton Hill and Vernon Hill are not in compliance with national fire safety standards; 2). Contrast the response times in the three hills with Pointe Rock Estates in the southeast portion of the city, with Great Brook Valley in the north and with Salisbury Green in the northwest portion of the city; and 3). What is the percentage of the city not in compliance with national fire safety standards and provide a map showing these areas. Order adopted, as amended

 

10g.

Request the City Manager request the Fire Chief provide the City Council with a comparison of the emergency vehicle response times for calls in the area of the former Providence Street Fire Barn both before its closing and since that time. (Russell)

Attachments

Order adopted

 

10h.

Request City Manager ask SMOC to provide an update regarding any systematic changes that have taken place inside and outside their facility at 701 Main St. (Palmieri)

Attachments

Order adopted

 

10i.

Request City Manager ask SMOC if there is an official timetable for moving their facility from 701 Main St to the new Triage and Assessment Center and any progress concerning the RFP. (Palmieri)

Attachments

Order adopted

 

10j.

Request City Manager provide an update concerning the private negotiations with the owner of the acreage abutting Dodge Park. (Palmieri)

Attachments

Order adopted

 

10k.

Request City Manager ask the MBTA if there will be any changes to the commuter rail and CSX plans that were previously agreed upon by City Council and the Administration. (Palmieri)

Attachments

Councilor Palmieri moved to amend: Further, request the Standing Committee on Public Service & Transportation invite the MBTA and any other entity to a meeting to discuss commuter rail services and further, request the administration consider holding a Transportation summit. Councilor Rushton moved to amend: Further, request towns and cities in metro Worcester be included in a future transportation summit as the city acts as the connection to metro Boston through commuter rail service. Councilor Lukes moved to amend: Further, request City Manager report to City Council the process the MBTA will use to get input from the public. Motion Lukes moved to amend: Further, request City Manager report to City Council what was the actual commitment made by the MBTA in terms of increased commuter rail services when the city agreed to the CSX freight yard and if there was no commitment what is the plan to get a commitment. Motion Russell to amend: Further, request City Manager inform the Grafton Hill Business Association the timetable for construction activity associated with CSX on Grafton Street. Order adopted as amended and referred to Public Service and Transportation Committee for informational purposes only

 

10l.

DECREE TO MAKE PUBLIC: AVERY PATH

Attachments

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

 

10m.

DECREE TO MAKE PUBLIC: BROOKLINE STREET

Attachments

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

 

10n.

DECREE TO MAKE PUBLIC: WYOLA DRIVE

Attachments

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

 

11.

RECESS TO FINANCE COMMITTEE

11a.

#9a CC June 14, 2011
Communication of the City Auditor transmitting Auditor's Report for May 2011.

Attachments

No Action Taken

 

11b.

#12a CC July 19, 2011
Communication of the City Auditor transmitting the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended December 31, 2010 for the Worcester Retirement System.

Attachments

No Action taken

 

11c.

#13a CC September 6, 2011
Communication of the City Auditor transmitting Auditor's Report for July 2011.

Attachments

No Action taken

 

11d.

#9a CC October 11, 2011
Communication of the City Auditor transmitting Auditor's Report for August 2011.

Attachments

No Action taken

 

11e.

#8a CC October 18, 2011
Communication of the City Auditor transmitting Auditor's Report for September 2011.

Attachments

No Action taken

 

11f.

#8.24A CM October 25, 2011
Communication of the City Manager transmitting informational communication relative to the Fiscal Year 2012 1st Quarter Budget Report of Revenues and Expenditures.

Attachments

No Action taken

 

11g.

#10a CC October 25, 2011
Communication of the City Auditor transmitting the certification letter from the Department of Revenue relative to Notification of Free Cash Approval for general fund expenditure in fiscal 2012 and the city's enterprise funds.

Attachments

No Action taken

 

11h.

#10a CC November 22, 2011
Communication of the City Auditor transmitting Auditor's Report for October 2011.

Attachments

No Action taken

 

11i.

#11.24A CM December 19, 2011
Communication of the City Manager transmitting informational communication relative to the City's FY12 1st Quarter Revenues and Expenditures through October 2011.

Attachments

No Action taken

 

11j.

#12a CC December 19, 2011
Communication of the City Auditor transmitting Auditor's Report for November 2011.

Attachments

No Action taken

 

11k.

#12b CC December 19, 2011
Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2011.

Attachments

No Action taken

 

12.

COMMUNICATIONS

12a.

Michael V. O'Brien, City Manager, recommending City Council's Approval of an Emergency Statement of Interest (SOI) submittal to the Massachusetts School Building Authority (MSBA) to replace the Boiler at the Roosevelt School.

Attachments

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

 

13.

REPORT OF THE PLANNING BOARD

13a.

REPORT OF THE PLANNING BOARD Upon the Petition of Kim Bent et al request Devonshire St. be made public.

Attachments

Referred to Public Works Committee

 

14.

REPORTS OF THE COMMITTEE ON MUNICIPAL OPERATIONS

14a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Joan Crowell request that during interim property valuation years, if the assessed valuation on any Real Estate Parcel is adjusted by more than 10%, the Assessor will notify the property owner, and mail the detailed Property Information Data Sheet, which will clearly show the reason for the adjustment: recommend adoption of the accompanying Order that the City Assessor is requested to notify any property owner whose property valuation is adjusted upwards by mailing a copy of the detailed property information data sheet clearly showing the reason for the adjustment.

Attachments

Accepted & Adopted

 

14b.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Joan Crowell request that if a Real Estate Property Abatement Application is denied, that the property owner be provided with an explanation as to why the Application was denied: recommend adoption of the accompanying Order that the City Assessor is requested, when a Real Estate Property Abatement Application is denied, to provide the property owner with an explanation as to why the Application was denied.

Attachments

Accepted & Adopted

 

14c.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting informational communication relative to the Status of the Fiscal Year 2012 Recertification: recommend Communication be placed on file.

Attachments

Accepted

 

15.

TABLED ITEMS

15a.

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

 

15b.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

Attachments

No Action Taken

 

15c.

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011)

Attachments

No Action Taken

 

15d.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

Attachments

No Action Taken

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES

16a.

Motion Russell @ #10f CC - Request City Manager provide City Council with a report relative to fire prevention activities that are planned and already underway in the Union Hill area.

Attachments

Order adopted

 

16b.

Motion O'Brien @ #10k CC - Request City Manager report the private investments, new construction and permanent jobs that have been associated with the CSX project, and further, request the City Manager provide the comments and commitments from Commissioner Davies of the MBTA concerning the Worcester commuter service.

Attachments

Order adopted

 

16c.

PETITION - Councilor Kathleen M. Toomey request to install “No Parking” on west side of Adams Street near corner with Belmont Street.

Attachments

Referred to Traffic and Parking Committee

 

16d.

Motion Palmieri @ #10h CC - Request City Manager consider redirecting or extending the amount of time public safety resources are being utilized in the area of 701 Main St.

Attachments

Order adopted

 

16e.

RESOLUTION: That the City Council of the City of Worcester does hereby recognized Lt. Donald Courtney of the Worcester Fire Department for his heroism at the recent Arlington Street fire. Further, request City Manager have c copy of this resolution placed in Lt. Donald Courtney's personnel file. (Rushton)

Attachments

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

 

16f.

Motion Eddy - Suspension of Rules - Request City Manager invite first responders, police and fire to a future meeting to be recognized for their heroism at the Arlington Street fire.

Attachments

Order adopted

 

16g.

Motion O'Brien - Suspension of Rules - Request City Manager provide City Council with a report regarding what were the public resources that have gone into 5 May St.

Attachments

Order adopted

 

16h.

Motion Russell - Suspension of Rules - Request City Manager look into whether the city can save money on printing if materials for City Council meetings were printed in black and white versus color.

Attachments

Order adopted