CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 31, 2012

Esther Howland Chamber

Convened: 7:15 P.M.

Adjourned: 9:11 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 with the Mayor in the Chair except for Councilor O'Brien who arrived at 7:24 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 January 17, 2012.

Attachments

Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

5a.

Mayor Petty recognized the presence of Raquel and Karen Benidez, two student from UMass Lowell who are studying government and were graduates from Worcester Public Schools.

 

5b.

Mayor Petty recognized Doreen O'Neill and Shana Palermo to honor them for their efforts in finding the two missing children on January 23, 2012 and read a Proclamation declaring January 31, 2012 as Doreen O'Neill and Shana Palermo Day. At the request of Mayor Petty, Councilor Russell presented them with the Proclamation and Keys to the City and Councilor Toomey presented them with flowers.

Attachments

 

5c.

Mayor Petty recognized Fire Chief Dio for the purpose of describing the recent fire event that took place at Blackstone River Rd. and how Lt. Donald Courtney was able to bring a person to safety from this fire. Mayor Petty had Councilor Rushton present to Lt. Courtney a certificate of recognition.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Felicio Lana request sidewalk repair in front of 16 Windsor St.

Attachments

Referred to Public Works Committee

 

7b.

Felicio Lana request sidewalk repair in front of 82 Elm St.

Attachments

Referred to Public Works Committee

 

7c.

Joyce Sutherland et al request street resurfacing of Hunthurst Circle.

Attachments

Referred to Public Works Committee

 

7d.

Joyce Sutherland et al request sidewalk repair on Hunthurst Circle

Attachments

Referred to Public Works Committee

 

7e.

Joyce Sutherland request the repainting of crosswalks at Mill and Chandler Sts.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Nick Traiforos request handicap parking space be removed from in front of 11 Richards St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Councilor Philip P. Palmieri request an investigation as to the feasibility of limiting right turns into Davidson Rd. from Burncoat St. from 7am to 9 am on weekdays and limiting left turns into Davidson Rd. from North Parkway from 4pm to 6pm on weekdays.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Six (6) Members of the Worcester Police Department's Traffic Division as Weighers for Commercial Vehicle Enforcement.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Constables.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to the Worcester Arts Council's 2012 Grant Recipients.

Attachments

Placed on file

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Grant Award in the Amount of One Hundred Thousand Dollars and No Cents ($100,000) from UMass Memorial Health Care's Community Benefits Program to the City's Youth Opportunities Office.

Attachments

Resolution adopted with gratitude

 
C.

Recommend Adoption of a Resolution to File and Accept a Four Hundred Thousand Dollars and No Cents ($400,000) United States Environmental Protection Agency (EPA) Multi-Purpose Pilot Grant for Environmental Assessment and Cleanup at 95 Grand Street.

Attachments

Resolution adopted

 
D.

Recommend Adoption of a Resolution to File and Accept a National Emergency Grant in the Amount of Seven Hundred and Thirty Eight Thousand Dollars and No Cents ($738,000) from the United States Department of Labor through the State Division of Career Services to Implement Career Support Services for Dislocated Employees of Evergreen Solar.

Attachments

Resolution adopted

 
E.

Transmitting Informational Communication Relative to an Update on the Status of #5 May Street.

Attachments

Councilor O'Brien moved to Table this Under Privilege Tabled Under Privilege - O'Brien

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

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 December 2011.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to Status Report #3 for the CSX Project.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication Relative to Alternative Access for Emergency Vehicles into Union Hill in Light of the Closing of Coral Street.

Attachments

Referred to Public Safety Committee

 
D.

Transmitting Informational Communication Relative to a Press Release from Rhode Island Attorney General Peter F. Kilmartin Concerning the Upper Blackstone Water Pollution Abatement District's Permit Appeal to the Environmental Protection Agency.

Attachments

Placed on file

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
A.

Recommend City Council Accept with Gratitude a Memorial Donation in the Amount of One Thousand and One Hundred Dollars ($1,100) from the Staff and Students at Worcester Academy in Honor of Worcester Firefighter Jon Davies.

Attachments

Order adopted with gratitude

 
B.

Recommend City Council Accept with Gratitude the Donation of a Thermal Imaging Camera from ISG Thermal Imagers of Georgia in Memory of Worcester Firefighter Jon Davies.

Attachments

Order adopted with gratitude

 
C.

Transmitting Informational Communication Relative to the Recent Increase in Fires in the Union Hill Section of the City and Worcester Fire Department Response Times.

Attachments

Referred to Public Safety Committee

 
D.

Recommend Adoption of a Resolution to File and Accept a 2012 Rolf H. Jensen Memorial Public Education Grant.

Attachments

Resolution adopted

 
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.17

DIVISION OF PUBLIC HEALTH
 

8.18

DIVISION OF ELDER AFFAIRS
A.

Recommend Adoption of a Resolution to File and Accept a Grant from the Fallon/OrNda Community Health Fund for the "Promoting Healthy Aging through Evidence-Based Programs" at the Worcester Senior Center.

Attachments

Resolution adopted

 
 

8.19

WORCESTER PUBLIC LIBRARY
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

8.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.22

PUBLIC SCHOOL DEPARTMENT
A.

Transmitting Informational Communication Relative to a Report from the Accounting Firm of Sullivan, Rogers and Company Concerning the School Activities Account.

Attachments

Referred to Education Committee

 
 

8.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the City's Triennial Revaluation.

Attachments

Referred to Municipal Operations Committee

 
 

8.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the City's Mid-Year Expenditures and Revenues for Fiscal Year 2012.

Attachments

Referred to Finance Committee

 
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from various Citywide Building Rehabilitation accounts, and be appropriated to Account #25C702, Police Building Rehabilitation, to provide funding for various rehabilitation projects at 9-11 Lincoln Square.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
B.

Recommend that Twenty One Thousand Eight Hundred Sixty Eight Dollars And No Cents ($21,868.00) be transferred from Loan Account #91C7312A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
C.

Recommend that Thirty Two Thousand Five Hundred Eighty Three Dollars And Twelve Cents ($32,583.12) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
D.

Recommend that Twenty Four Thousand One Hundred Ninety Two Dollars And No Cents ($24,192.00) be transferred from Loan Account #91C7802A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of this much needed equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
E.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7841D, Crompton & Greenwood, and be appropriated to Parks Account #72C70201, Aquatic Facility, to allow for contractually obligated payments.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
F.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account # 91C7842A, Parks Coes Reservoir, and appropriate to Parks Account # 72C70229, Coes Reservoir.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
G.

Recommend that Four Hundred Fifty Six Thousand Six Hundred Dollars And No Cents ($456,600.00) be transferred from Account # 91C7112A, Citywide Building Rehabilitation, and appropriated to Account #50C704JA, Worcester Public School Building Rehabilitation, pay for various building rehabilitation projects for the Worcester Public Schools.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
H.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Loan Account # 91C777, Auditorium Rehab, and appropriate to Auditorium Account # 74C701, Auditorium Capital Rehab to allow for payments associated with Auditorium Capital Improvements.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
I.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7141A, Water Pumping Rehabilitation, and be appropriated to DPW Account #45C726, Water Pumping Stations to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (O'Brien, Rushton absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
 

8.30

FINANCE ITEMS
Prior Year
A.

Recommend that Thirty One Dollars And Twenty Cents ($31.20) available in Fiscal Year 2012 funds in Account #410-92000, DPW Ordinary Maintenance, be authorized to pay a prior year invoice.

Attachments

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

 
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Massachusetts Bay Transportation Authority's (MBTA) Proposed Fare Increases and Service Reductions.

Attachments

Referred to Public Service and Transportation Committee

 
B.

Transmitting Informational Communication Relative to the Governor's Fiscal Year 2013 Budget Recommendation.

Attachments

Referred to Finance Committee

 
C.

Transmitting Informational Communication Relative to the Massachusetts Taxpayers Foundation Report Entitled, "The Crushing Burden of Municipal Retiree Health Care Liabilities."

Attachments

Referred to Municipal Operations Committee

 
9.

COMMUNICATION

9a.

David J. Rushford, City Clerk, transmitting communication regarding the vacancy created by the resignation of Vincent A. Pedone as Representative in the 15th Worcester District.

Attachments

Placed on file

 

10.

REPORTS OF THE PLANNING BOARD

10a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending adoption of an amendment to Section Six (Signs) of the City's Zoning Ordinance.

Attachments

Referred to Economic Development Committee

 

10b.

REPORT OF THE PLANNING BOARD Upon the Petition of Carl Freedman, President of United Barrel and Cooperage Company, request to extend the MG 2.0 zone to include 29 Lyon St.

Attachments

Referred to Economic Development Committee

 

10c.

REPORT OF THE PLANNING BOARD upon the Petition of Nick and Maria Tzikas request private street conversion for Aroostock St.

Attachments

Referred to Public Works Committee

 

10d.

REPORT OF THE PLANNING BOARD Upon the Petition of Paul O'Rourke request private street conversion of Monmouth Ave.

Attachments

Referred to Public Works Committee

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

 

11c.

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

 

11d.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administrationís 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

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Palmieri @ #8.4E CM - Request City Manager report to City Council if there is a limit to the price per square foot for restoring and renovating properties.

Attachments

Order adopted

 

12b.

Motion Lukes @ #8.4E CM - Request City Manager report if the City Council has the ability to block the sale of a property to SMOC.

Attachments

Order adopted

 

12c.

Motion Rivera @ #8.4E CM - Request City Manager provide City Council with a report that compares the square footage and cost of restorations at 5 May St. with other properties such as LaGrange St. and the Gardner/Kilby/Hammond project.

Councilor Lukes moved to amend: Request the report to include the Hadley building.

Councilor Russell moved to amend: Further, request a comparison with private sector building renovations and if there are differences in square footage costs provide the reasons for this.

Councilor O'Brien moved to amend: Further, request report include unit costs for renovations.

Attachments

Order adopted as amended

 

12d.

Motion Palmieri @ #8.7B CM - Request City Manager provide City Council with information regarding the reported horns and whistles going off recently in the early morning hours.

Attachments

Order adopted

 

12e.

Motion Lukes @ #8.22A CM - Request City Manager provide City Council with a report from the Worcester Public School administration as to their actions concerning school activity funds and a report from the City Treasurer as to whether oversight of school activity funds is within their capacity and how time consuming is this oversight.

Attachments

Order adopted

 

12f.

Motion Toomey @ #8.22A CM - Request City Manager request the Superintendent of Schools provide a report regarding the purpose of school activity funds and how the funds are dispersed.

Attachments

Order adopted

 

12g.

Motion Rushton @ #8.28H CM - Request City Manager reach out to AT&T and seek a any working relationship to develop street level retail at their Main Street facility.

Attachments

Order adopted

 

12h.

Motion Palmieri @ #8.28H CM - Request City Manager request AT&T to consider allowing a North Main St. area entrepreneur to lease the frontage space at their Main Street facility.

Attachments

Order adopted

 

12i.

Motion Lukes @ #8.32B CM - Request City Manager send a copy of calendar item #8.32B to the School Committee members.

Attachments

Order adopted

 

12j.

COMMUNICATION: David J. Rushford, City Clerk, transmitting a communication from the Secretary of State William F. Galvin concerning the Special Election to fill the vacancy for State Representative in the 15th Worcester District.

Attachments

Placed on file

 

12k.

RESOLUTION @ #9a CC - That the City Council of the City of Worcester hereby strongly disagrees with the Secretary of States reasons for not favoring the scheduling of a Special Election to fill the vacancy created by the resignation of Vincent A. Pedone in the 15th Worcester District and strongly request the Speaker of the House to call a special election to fill this seat. (Eddy)

Attachments

Resolution adopted

 

12l.

Motion Eddy @ #9a CC - Request the Mayor send a copy of the Resolution to the Secretary of State and the Speaker of the House.

Attachments

Order adopted

 

12m.

Motion Germain @ #9a CC - Request City Manager report whether or not the Speaker of the House has the authority to appoint a replacement for State Representative in the 15th Worcester District.

Attachments

Order adopted

 

12n.

Motion Palmieri - Suspension of Rules - Request City Manager request the city's State Delegation invite the DPU to a standing committee hearing to discuss National Grid's responsibilities in reporting information regarding power outages.

Attachments

Order adopted

 

12o.

Motion O'Brien - Suspension of Rules - Request City Manager report to City Council the number of livery licenses granted over the past several years and further, request the City Manager to consider instituting a moratorium concerning the issuing of new livery licenses.

Councilor Lukes to amend: Further, request the report include what is the penalty for operating a livery without a permit or license.

Attachments

Order adopted as amended

 

12p.

Motion Toomey - Suspension of Rules - Request the Mayor send a letter of condolences from the City Council to the family of Mayor Kevin White upon the occasion of his passing.

Attachments

Order adopted

 

12q.

PETITION: Councilor Tony Economou request sidewalk repair on the Sagamore Rd. side of 12 Monadnock Rd.

Attachments

Referred to Public Works Committee

 

12r.

PETITION: Councilor Tony Economou request sidewalk repair at St. Spyridon Church, 102 Russell St., on both the Elm St. and Russell St. sides.

Attachments

Referred to Public Works Committee

 

12s.

PETITION: Councilor Tony Economou on behalf of Virginia Porter request installation of Crime Watch signage on Webster St. and Lyman St. in the Webster Square area.

Attachments

Referred to Department of Public Works & Parks

 

12t.

Motion Palmieri - Suspension of Rules - Request City Manager provide City Council with previously requested update relative to the Tobacco Control Program.

Attachments

Order adopted

 

12u.

Motion Rivera - Suspension of Rules - Request City Manager provide City Council with a report concerning pedestrian safety in Pleasant St., specifically the status of an approved street light at Elm Park Tower, 425 Pleasant St.

Attachments

Order adopted