CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – DECEMBER 6, 2005

Convened: 7:05 P.M.

Adjourned: 9:40 P.M.

 

6:30 P.M. - Reception, Candidates Library Board of Directors, 3rd floor, City Hall

7:00 P.M. - Regular City Council Meeting

 

 

1.       PLEDGE OF ALLEGIANCE/STAR SPANGLED BANNER

 

2.       ROLL CALL – All present except Councillor Gomez. Councillor Gomez arrived at 7:21 P.M.

 

3.       ELECTION OF THREE MEMBERS TO THE LIBRARY BOARD OF DIRECTORS-Theresa Dorsey and Edward Trachtenberg were elected for six year terms. Cristopher Condon was elected for a three year term.

 

HEARINGS AND ORDERS

 

          4-6 HEARINGS HELD

 

4.       MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND INC. for joint or identical pole locations: MARLBORO ST.

 

5.       NSTAR for gas main location on: PORTLAND ST.

 

6.       NSTAR for gas main location on: PROGRESSIVE ST.

 

          4a & 5a ORDERS ADOPTED

 

4a.     Granting permission to MASSACHUSETTS ELECTRIC CO. & VERIZON NEW ENGLAND INC. for joint or identical pole locations: MARLBORO ST. (Attachments)

 

5a.     Granting permission to NSTAR for gas main location on: PORTLAND ST. (Attachments)

 

6a.     Granting permission to NSTAR for gas main location on: PROGRESSIVE ST. (Attachments)  TABLED

 

FIRST ITEM OF BUSINESS

 

7 – TAKEN WITH ITEM 8A OF THE CITY MANAGER’S CALENDAR

 

7.       Monthly status reports consistent with Standing Committees on the following economic development initiatives:  Union Station garage and tenancy, Massport’s partnership efforts at the Airport, downtown housing development, Mass. Highway road project schedules, Gateway Park grants and tenancy, Gardner-Kilby-Hammond project, SWIP project, brownfield initiatives, Coes Dam rehab, replacement and relocation of Central Garage, Visitor’s Center rehab, telecommunications contract, Wyman Gordon property reuse, CitySquare, the Arts District, the Canal District project, the Franklin St. Fire Station and Citywide and Downtown Marketing.

 

8.       ITEMS OF CITIZEN INTEREST

 

8a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

          9 – 14a REFERRED TO PUBLIC WORKS COMMITTEE

 

9.       Melody Friedenthal et al request private street maintenance on Barrett Ave. (Attachments)

 

10.     Florence Tsai request sidewalk repair in front of 19 and 23 Chandler St. (Attachments)

 

11.     Councillor Philip P. Palmieri request sidewalk repair at 112 East Central St. to Hill St. (Attachments)

 

12.     Councillor Philip P. Palmieri request sidewalk repair at 112-120 East Central St. (Attachments)

 

13.     Councillor Philip P. Palmieri request sidewalk repair at 99-125 East Central St. (Attachments)

 

14.     Councillor Philip P. Palmieri request sidewalk repair on odd side of East Central St. from #93 to #99. (Attachments)

 

14a.   Mayor Timothy P. Murray request street resurfacing on Sun Valley Dr. (Attachments)

 

          15 & 16 REFERRED TO TRAFFIC & PARKING COMMITTEE

 

15.     Louis LaBonte III request handicap parking space in front of 24 Sigel St. (Attachments)

 

16.     Barbara Dolan request handicap parking space with two signs at corner of Euclid Ave. and Perry Ave. (Attachments)

 

ORDERS

 

16a.   Request Administration request a report from NSTAR relative to the impetus for the request to have a gas main location on Progressive St. Motion Clancy @ 6a CC – Adopted (Attachments)

 

16b.   Request Administration request Public Works Commissioner to provide the City Council with a report regarding the timelines and protocols in terms of how the City evaluates and monitors streets after utility work is completed to ensure that the streets are returned to an acceptable condition. Said report to include what the evaluation criteria is with respect to completed streets. Motion Murray @ 6a CC - Adopted (Attachments)

 

16c.   Request Administration assess the feasibility of providing any new on-street downtown parking and perhaps consider a shuttle service to alleviate the parking crunch when the new courthouse and hotel opens and consider the parking issues that will develop once the Worcester Center Garage is demolished. Motion Clancy @ 8A CM – Adopted (Attachments)

 

16d.   Request Administration provide the City Council with a report relative to an update on telecommunications as it relates to the economic initiatives report. Motion Petty @ 8A CM – Adopted (Attachments)

 

16e.   Request Administration provide the City Council with a report relative to moving forward with memorial and fire station headquarters on Franklin St. Motion Murray @ 8A CM – Adopted (Attachments)

 

16f.    Request City Manager provide the City Council with a detailed report relative to securing minority participation in the CitySquare Project. Motion Gomez @ 8A CM – Adopted (Attachments)

 

16g.   Request Administration provide a list to the City Council relating to all the establishments in the City that were contacted relative to new regulations regarding Fire Safety in Places of Public Assembly. Motion Clancy @ 15B CM – Adopted (Attachments)

 

16h.   Request City Manager engage a third party consultant to review the operations of the Dunkirk Ave. pumping station as it relates to the flooding which occurred in October 2005. (Perotto) – Suspension of Rules – Adopted (Attachments)

 

16i.    Request Administration establish a reserve fund for catastrophic events so that the City will have money set aside for residents and property owners who may suffer as victims of said events. (Lukes) – Suspension of Rules – Adopted (Attachments)

 

16j.    Request Administration provide a report that outlines the percentages of minority participation on the Kilby Gardner Hammond projects, Public Works projects taking place city-wide, Gateway project, and all other Economic Development Initiatives taking place in the City. (Gomez) – Suspension of Rules – Adopted (Attachments)

 

16k.   Request Administration undertake a fast track review, and if necessary, reorganization of sidewalk and snow removal policies and procedures. (Haller) – Suspension of Rules – Adopted (Attachments)

 

16l.    Request Administration redouble it’s efforts to acquire the vacant land on the northeast side of Indian Lake and consider urban recreation use for the property. (White) – Suspension of Rules – Adopted (Attachments)

 

16m.  Request Administration review and consider appropriate revisions to ordinances pertaining to the issuance of both liquor and entertainment licenses so as to ensure compliance and give the License Commission additional authority to provide specific limitations relating to entertainment with the issuance of a liquor license. (Murray, Haller) – Suspension of Rules. Councillor Lukes moved to amend: Further, request City Solicitor’s legal opinion that considers including prohibited language. Councillor Clancy moved to amend: Further, request redrafting ordinance to include a blanket prohibition, and then list what is allowed. Adopted, as amended (Attachments)

 

17.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR DECEMBER 6, 2005

 

APPOINTMENTS

 

1.  NON-CITY COUNCIL CONFIRMATION:

 

A.      Notification of Constable Appointments for calendar year January through December 2006 – Guy F. Guerry, Leo Beaucage, Frank C. Edwards, Anatoly P. Yankovsky, Edward L. Moynihan, William E. George. (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.      Transmitting informational communication relative to a settlement agreement with the Worcester Clerical Association in the Worcester Police Department. (Attachments)  Placed on file

 

B.      Recommend City Council approval of the enclosed salary ordinances for the Worcester Public Health Nurses Association. (Attachments)  Voted to advertise proposed Ordinance

 

 7.  WORKFORCE DEVELOPMENT:

 

OFFICE OF ECONOMIC DEVELOPMENT

 

 8.  ECONOMIC DEVELOPMENT DIVISION:

 

A.      Transmitting informational communication relative to an update of Economic Development Initiatives. (Attachments)  Councillor Irish recused on a roll call 9-0 (White absent) - Referred to Public Works Committee, Public Service & Transportation Committee, Housing & Neighborhood Revitalization Committee, Commerce & Development Committee - Citywide Master Plan referred to Land Use Committee and Strategic Planning Committee

 

B.      Request adoption of a resolution to file and accept a FFY”06 Brownfield Cleanup Grant. (Attachments)  Resolution adopted

 

C.      Request adoption of a resolution to accept with gratitude, a donation of $25,000.00, from Gateway Park, LLC. (Attachments)  Resolution adopted with gratitude

 

 9.  NEIGHBORHOODS & HOUSING DEVELOPMENT:

 

10.  PLANNING AND REGULATORY SERVICES DIVISION:

 

DEPARTMENT OF PUBLIC WORKS & PARKS

 

11.  ENGINEERING & ARCHITECTURAL SERVICES DIVISION:

 

12.  OPERATIONS DIVISION:

 

A.      Transmitting informational communication relative to the Abandoned Vehicle Status Report. (Attachments)  Referred to Public Works Committee

 

B.      Transmitting informational communication relative to the Winter Parking Ban/Public Awareness Campaign. (Attachments)  Referred to Public Works Committee

 

C.      Transmitting informational communication relative to the Department of Public Works and Parks annual Thanksgiving Day dinner donations. (Attachments)  Placed on file

 

13.  PARKS DIVISION:

 

A.      Request adoption of a resolution to file and accept a donation in the amount of $1,500.00 from Mr. Henry Camosse of Camosse Masonry Supply, Inc. to benefit the Massachusetts Vietnam Veterans Memorial in Green Hill Park. (Attachments)  Resolution adopted with gratitude

 

PUBLIC SAFETY DEPARTMENTS

 

14.  COMMUNICATIONS DEPARTMENT:

 

15.  FIRE DEPARTMENT:

 

A.      Request that City Council accept with gratitude, a donation in the amount of $750.00 to the Worcester Fire Department. (Attachments)  Order adopted with gratitude

 

B.      Transmitting informational communication relative to new regulations with respect to Fire Safety in Places of Public Assembly. (Attachments)  Referred to Public Safety Committee

 

16.  LICENSE COMMISSION:

 

17.  POLICE DEPARTMENT:

 

A.      Request that City Council accept with gratitude, donations totaling $315.00, to the Worcester Police Department’s Police Athletic League. (Attachments)  Order adopted with gratitude

 

B.      Request adoption of a summary and resolution to file and accept a FY05 Alcohol Enforcement/Education/Equipment (AEEE) Grant. (Attachments)  Resolution adopted – Also referred to Public Safety Committee for informational purposes

 

C.      SUPPLEMENTAL – Transmitting informational communication relative to the Weed and Seed Initiative and Operation “Busted”. (Attachments)  Placed on file

 

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:

 

PUBLIC SCHOOL DEPARTMENT

 

27.  PUBLIC SCHOOLS:

 

DEPARTMENT OF ADMINISTRATION & FINANCE

 

28.  ASSESSING DIVISION:

 

A.      Transmitting informational communication relative to the public notification of changes to property tax exemptions and tax deferrals for fiscal year 2006. (Attachments)  Placed on file

 

29.  BUDGET OFFICE DIVISION:

 

30.  PURCHASING DIVISION:

 

31.  TECHNICAL SERVICES DIVISION:

 

32.  TREASURY & COLLECTIONS DIVISION:

 

FINANCE ITEMS

 

33.  FINANCE DIVISION:

 

A.      Recommend that Twenty-Two Thousand Eight Hundred Fifty-Eight Dollars ($22,858.00) be transferred from Account #900-91000, City Manager’s Contingency and appropriated to the following accounts:

         

ACCOUNT

DESCRIPTION

AMOUNT

330-91000

Health Personal Services

$22,158.00

330-92000

Health Ordinary Maintenance

$     700.00

 

Total Tax Levy

$22,858.00

 

This appropriation will be used to implement the collective bargaining agreement with the Worcester Public Health Nurses Associations. (Attachments) Order adopted on a roll call 10-0 (Irish absent) – Reconsideration denied on a roll call 0-10 (Irish absent)

 

B.      Recommend that Thirty Thousand Eight Hundred Fifty Dollars ($33,850.00), currently available in Account #250-91000, Police Department Personal Services, be re-appropriated to Account #250-91000, Police Department Personal Services, to fund the settlement agreement between the City of Worcester and the Worcester Clerks Association. (Attachments)  Order adopted on a roll call 10-0 (Irish absent) – Reconsideration denied on a roll call 0-10 (Irish absent)

 

C.      Recommend that the Table of Authorized Positions for the Department of Economic Development, as it appears in the fiscal 2006 Annual Budget Document submitted by the City Manager, be revised and amended by changing the following position:

         

                   Division                      Title                Pay Grade      #of Positions

                                 

            Delete from:

 

            Economic Dev.           Staff Assistant II                    35                    1

 

            Add to:

 

            Economic Dev.           Principal Staff Assistant        40M                1

 

          This recommendation does not require any additional financial resources. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

D.      Recommend that One Hundred Thousand Dollars ($100,000.00) be transferred from Account #91C790, School Construction, and appropriated to Account #28C724, North High School Construction, to provide funds for the purpose of payment of contractual and other obligations related to the construction of North High School. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

E.      Recommend that Three Thousand Five Hundred Seventy Eight Dollars ($3,578.00) be transferred from Account #91C793, Green Hill Park Infrastructure, and appropriated to Account #71C702, Green Hill Park Improvement, to allow for the payment of irrigation system upgrades, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

F.      Recommend that Forty One Thousand Five Hundred Dollars ($41,500.00) be transferred from Account #330-07, Reserve for Appropriation Damage Settlement, and appropriated to Account #41060202-92000, Signal Damage Ordinary Maintenance, to provide funds for the purpose of payment for repair costs associated with damages to traffic signal equipment. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

G.      Recommend that Five Hundred Thousand Dollars ($500,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Construction, to allow for the payment of current and future obligations for various citywide street construction projects, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

H.      Recommend that Thirty Thousand Dollars ($30,000.00), be transferred from Account #91C711, Citywide Building Rehabilitation, and appropriated to Account #11C702, City Messenger Building Rehabilitation, to provide funds for the payment of funding the costs associated with the rehabilitation of the City Hall toilet rooms, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

I.       Recommend that Five Hundred Thousand Dollars ($500,000.00), be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of current and future obligations for various water main construction projects, as approved in the Capital Improvement Program. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

J.       Recommend that Thirty Five Thousand Seven Hundred Fifty Three Dollars ($35,753.00) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans and appropriated to Account #660-92000, Treasury Department Ordinary Maintenance, to fund the cost associated with the first quarter fiscal 2006 Bond Anticipation Notes. (Attachments)  Order adopted on a roll call 10-0 (Irish absent)

 

K.      SUPPLEMENTAL – Recommend the transfer from and to the following Pension Accounts to comply with the Massachusetts Department of Revenue approval to utilize the Pension Reserve Account to reduce to City of Worcester’s Pension Liability for the instituted Early Retirement Program in accordance with the recommended FY 2006 Budget and the enclosed report prepared by Mr. John P. Pranckevicius, Chief Financial Officer.  As Mr. Pranckevicius indicates, the funding source was anticipated in the preparation of the FY 2006 Budget. (Attachments) Order adopted on a roll call 10-0 (Irish absent)

         

MISCELLANEOUS TRANSMITTALS

 

34.  MISCELLANEOUS CALENDAR ITEMS:

 

A.      Transmitting informational communication relative to the formulation of the Quinsigamond Village Improvement Advisory Committee. (Attachments)  Referred to Public Works Committee

 

B.      SUPPLEMENTAL Request adoption of resolution to accept with gratitude a donation of One Hundred Fifty Thousand Dollars ($150,000) from Fallon Community Health Plan. (Attachments) Resolution adopted on a roll call 10-0 (Irish absent)

 

18.     RECESS TO FINANCE AND ORDINANCE – No Items Pending

 

 

COMMUNICATION

 

19.     David J. Rushford, City Clerk, transmitting communication relative to retirement of Mary G. Babbidge and appointment of Susan M. Ledoux as Assistant City Clerk. (Attachments)  Susan M. Ledoux appointed Assistant City Clerk on a roll call vote of 10 Yeas and 0 Nays (Irish absent)

 

REPORT

         

          20 – REFERRED TO PUBLIC WORKS COMMITTEE FOR A HEARING

 

20.     REPORT OF THE PLANNING BOARD Upon the Chairman’s Order from Public Works Committee that Monica Rd. be converted to a public street (Attachments)

 

 

TABLED ITEM

 

21.     DECREE TO MAKE PUBLIC: MIAMI ST. (Tabled April 12, 2005) (Attachments)  No Action Taken

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

DECEMBER 5, 2005

     6:00 P.M.

PUBLIC SAFETY

COUNCIL CHAMBER

 

 

 

DECEMBER 7, 2005

     5:30 P.M.

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

NOTE CHANGE OF TIME

 

DECEMBER 12, 2005

    6:00 P.M.

 

PUBLIC WORKS

 

COUNCIL CHAMBER

 

DECEMBER 14, 2005

    6:00 P.M.

 

PUBLIC SERVICE &

TRANSPORTATION

 

COUNCIL CHAMBER

THIS MEETING HAS BEEN CANCELLED

 

DECEMBER 19, 2005

    6:00 P.M.

 

JOINT MUNICIPAL OPERATIONS & HEALTH

 

COUNCIL CHAMBER

 

 

 

 

DECEMBER 20, 2005

    3:00- 4:00 P.M.

 

TRAFFIC & PARKING

 

COUNCIL CHAMBER