CITY OF WORCESTER

CITY CLERK DEPARTMENT

JOURNAL OF THE CITY COUNCIL – MAY 30, 2006

Convened: 7:35 P.M.

Adjourned: 8:35 P.M.

 

 

1.       PLEDGE OF ALLEGIANCE

 

2.                 STAR SPANGLED BANNER-ALEXANDRA MILLS

 

3.       ROLL CALL – All present

 

4.       ITEMS OF CITIZEN INTEREST

 

Mayor Murray read a Proclamation declaring the week of June 5th as the City That Reads Literacy Week – School Committee Member John F. Monfredo spoke.

 

4a.     ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

 

PETITIONS

 

5-7 REFERRED TO PUBLIC WORKS 

 

5.       Councilor Joffrey A. Smith on behalf of Smalley Jr. Trust request to repair/replace sidewalk in front of 43 Hillcroft Ave. (Attachments)

 

6.       Dorothy Gammal request 50 foot long guardrail in front of 284 Hamilton St. (Attachments)

 

7.       Councilor Philip P. Palmieri request that Villa Nova St. be resurfaced. (Attachments)

         

          8 TO REFERRED TO TRAFFIC & PARKING

 

8.       Lucille Carrier request to install resident sticker parking for 4 vehicles in front of 296 Shrewsbury St. (Attachments)

 

9-11 HEARINGS SET FOR JUNE 6, 2006 - 7:00 PM

 

9.       NSTAR for a gas regulator pit and related piping on:  EUNICE AVENUE. (Attachments)

 

10.     NSTAR for a gas regulator pit and related piping on:  SHREWSBURY STREET. (Attachments)

 

11.     NSTAR for gas main location on:  MOUNTAIN STREET WEST. (Attachments)

 

ORDERS

 

11a.   Request the City Manager proceed to draft Special Home Rule Legislation to add two points to the scores of residents taking civil service examinations and promotional examinations. Motion-Petty @ #6A CM – Adopted (Attachments)

 

11b.   Request City Manager to include the following requests relative to civil service & promotional exams from City Council be consolidated into one report.  Motion-Murray @ #6A CM – Adopted (Attachments)

 

Motion Clancy to add:  Further, request retention rates of police and fire who were appointed.

 

Motion Lukes to add:  Further, request to include percentage of residents/non-residents in each of the bargaining units.

 

Motion Perotto to add:  Further, request to consider a stipulation be included in the Home Rule Legislation that the appointees be required to stay within the City for at least five years.

 

Motion Toomey to add:  Further, request to include the incentives other municipalities have that encourage municipal employees to live within the City.

 

Motion Lukes to add: Further, request to include any legislative restrictions dealing with residency.

 

Motion Petty to add:  Further, request to receive this report prior to the summer break so Council can refer it to Legislative Affairs Committee to review and approve.

 

11c.   Request City Manager provide City Council a report on how successful were the employment agreements with past TIF recipients for hiring more than 50% of employees who are Worcester residents. Motion-Haller @ #8A CM (Attachments)

 

Motion Murray to add:  Further, request to include the number of women & minorities in the statistics regarding residency in this report.

 

          Adopted, as amended

 

11d.   That no final plan for reconstruction to Franklin Street be accepted until City Council reviews and approves the plan. Motion-Clancy @ #11B CM – Adopted (Attachments)

 

11e.   Request City Manager provide City Council with the estimated cost of the pocket park at Washington Sq. Roundabout. Motion-Perotto @ #11C CM – Adopted (Attachments)

 

11f.    Request City Manager submit to City Council a new schematic of Union Station that would not include the water fountains. Motion-Clancy @ #11C CM – Adopted (Attachments)

 

11g.   Request City Manager provide City Council with a report regarding the perpetual care fund for the benches and Cristoforo Colombo statue will affect the care of the pocket park now that they are being located in different locations. Motion-Lukes @ #11C CM – Adopted (Attachments)

 

11h.   Request City Manager include $50,000.00 in the budget for new lights at Kendrick Field. Petty, Smith-Suspension of Rules-Adopted (Attachments)

 

11i.    Request City Manager request Commissioner of Public Works & Parks to repair guardrail on Barnard Rd. Palmieri-Suspension of Rules-Adopted (Attachments)

 

11j.    Request City Manager provide City Council with a report on the lights at University Park. Haller-Suspension of Rules-Adopted (Attachments)

 

 

12.     COMMUNICATIONS OF THE CITY MANAGER

 

MICHAEL V. O’BRIEN

CITY MANAGER

 

CITY COUNCIL CALENDAR FOR MAY 30, 2006

 

APPOINTMENTS

 

 1.  NON-CITY COUNCIL CONFIRMATION:

 

 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.      Communication relative to the legal feasibility of granting additional points to City residents on civil service open and promotional exams. (Attachments) Referred to Legislative Affairs

 

 7.  WORKFORCE DEVELOPMENT:

 

OFFICE OF ECONOMIC DEVELOPMENT

 

 8.  ECONOMIC DEVELOPMENT DIVISION:

 

A.      Communication relative to the submittal of a Certified Project application for the Wyman-Gordon Company and the designation of a new Site Specific Economic Opportunity Area for the site location of 105 Madison Avenue. (Attachments) Referred to Commerce & Development Committee

 

B.      Request City Council approval to revise the previous vote taken on May 13, 2006 and approve an Order that will authorize the City Manager to enter into a lease agreement with Chase Building Associates c/o Rosewood Management Associates for office space at 44 Front Street with a straight 60-month term subject to annual appropriation. (Attachments) Order adopted on a roll call 10-0 (Rushton absent) Reconsideration denied on a roll call 0-10

 

 

 9.  NEIGHBORHOODS & HOUSING DEVELOPMENT:

 

A.      Communication relative to the disposition of City owned property located at 2 Malden Street. (Attachments) Order adopted on a roll call 10-0 (Rushton absent) Reconsideration denied on a roll call 0-10

 

B.      Request City Council’s deliberation, consideration, and approval of a summary and resolution to accept a Lead Paint Abatement grant in the amount of $499,254.00, from the Massachusetts Department of Housing and Community Development. (Attachments) Resolution adopted and referred to Health Committee for informational purposes

 

10.  PLANNING AND REGULATORY SERVICES DIVISION:

 

DEPARTMENT OF PUBLIC WORKS & PARKS

 

11.  ENGINEERING & ARCHITECTURAL SERVICES DIVISION:

 

A.      Communication relative to the Dunkirk Avenue Pump Station. (Attachments) Placed on file

 

 

B.      Communication relative to the proposed roadway design for Franklin Street between Grafton Street and Harding Street. (Attachments) Referred to Public Works Committee

 

 

C.      Communication relative to a report on the Washington Square reconfiguration and the recap of costs associated with the reconfiguration. (Attachments) Placed on file

 

12.  OPERATIONS DIVISION:

 

A.      Communication relative to Earth Day 2006. (Attachments) Placed on file

 

B.      Request City Council’s review, consideration and adoption of an Order to accept and to execute a petition for the private street betterment of Belcourt Road. (Attachments) Referred to Public Works Committee

 

C.      Communication relative to an adopt-an-island program. (Attachments) Referred to Public Works Committee

 

13.  PARKS DIVISION:

 

PUBLIC SAFETY DEPARTMENTS

 

14.  COMMUNICATIONS DEPARTMENT:

 

15.  FIRE DEPARTMENT:

 

A.      Communication relative to the long-term enhancements to the Emergency Operations Center located behind #141 Grove Street. (Attachments) Referred to Public Safety Committee

 

16.  LICENSE COMMISSION:

 

17.  POLICE DEPARTMENT:

 

A.      Communication relative to motor vehicle inspection stickers. (Attachments) Placed on file

 

DEPARTMENT OF HEALTH & HUMAN SERVICES

 

18.  CODE ENFORCEMENT DIVISION:

 

19.  DISABILITY DIVISION:

 

20.  ELDER AFFAIRS DIVISION:

 

21.  HUMAN RIGHTS DIVISION:

 

A.      Communication relative to Worcester’s official recognition as a No Place for Hate community. (Attachments) Placed on file

 

22.  HUMAN SERVICES DIVISION:

 

A.      Communication relative to report public/private partnerships. (Attachments) Placed on file

 

23.  PUBLIC HEALTH DIVISION:

 

24.  PUBLIC LIBRARY:

 

25.  VETERANS’ SERVICES DIVISION:

 

LAW DEPARTMENT

 

26.  LEGAL DIVISION:

 

A.      Communication relative to a ruling from the Massachusetts Appeals Court that affirms a 2002 judgment of Superior Court Judge Francis R. Fecteau that the City did not violate the civil rights of, or engage in any civil conspiracy against, the developer of Indian Hill subdivision. (Attachments) Placed on file

 

PUBLIC SCHOOL DEPARTMENT

 

27.  PUBLIC SCHOOLS:

 

A.      Communication regarding the Fiscal Year 2007 budget for the Worcester Public Schools. (Attachments) Placed on file

 

 

DEPARTMENT OF ADMINISTRATION & FINANCE

 

28.  ASSESSING DIVISION:

 

A.      Communication relative to a report on the comparison of commercial real estate tax abatement requests in FY2005 and FY2006, by percentage and dollar amount, and whether any requestor is on of the Top 50 property tax payers. (Attachments) Referred to Municipal Operations Committee

 

B.      Communication relative to a list of Payments In Lieu Of Taxes (PILOT) to the City and payments paid by the City to other communities. (Attachments) Referred to Municipal Operations Committee

 

C.      Communication relative to assessed valuations of homes that were damaged by the October 15, 2005 rain event. (Attachments) Referred to Housing & Neighborhood Revitalization Committee

 

29.  BUDGET OFFICE DIVISION:                 

 

A.      Recommend the adoption of a resolution and summary to apply for a competitive FY’06 Justice and Mental Health Collaboration Program grant from the U.S. Department of Justice. (Attachments) Resolution adopted and referred to Public Safety Committee for informational purposes only

 

B.      Communication relative to the questions posed at the Finance Committee meeting of May 23, 2006. (Attachments) Referred to Finance Committee

 

30.  PURCHASING DIVISION:

 

31.  TECHNICAL SERVICES DIVISION:

 

32.  TREASURY & COLLECTIONS DIVISION:

 

FINANCE ITEMS

 

33.  FINANCE DIVISION:

 

A.      Recommend that Nineteen Thousand and Seventy Five Dollars ($19,075.00), be transferred from Account #280-91000, Code Enforcement Salaries, and appropriated to Account #280-92000, Code Enforcement Ordinary Maintenance, to provide funds for the purpose of payment of various ordinary maintenance obligations for Code Enforcement. (Attachments) Order adopted on a roll call 11-0

 

B.      Recommend that One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00), be transferred from Account #91C790, School Construction, and appropriated to Account #28C717, Vocational School Construction, to provide funds for the purpose of payment of contractual obligations related to the construction of Worcester Vocational School, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

 

C.      Recommend that Five Hundred Thousand Dollars ($500,000.00), be transferred from Account #91C741, Street Construction, and appropriated to Account #41C741, Street Resurfacing, to allow for the payment of contractual obligations related to various citywide street resurfacing improvements, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

 

D.      Recommend that One Million Dollars ($1,000,000.00), be transferred from Account #91C745, Sewer Construction, and appropriated to Account #44C744, Sewer Reconstruction, to provide funds for the purpose of payment for contractual obligations related to various citywide sewer reconstruction improvements, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

 

E.      Recommend that Five Hundred Fifty Thousand Dollars ($550,000.00), be transferred from Account #91C713, Water Mains, and appropriated to Account #45C720, Water Mains, to allow for the payment of contractual obligations related to various water main improvements, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

 

F.      Recommend that Three Hundred Thousand Dollars ($300,000.00) be transferred from Account #91C775, DCU Center Rehabilitation, and appropriated to Account #75C702, Civic Center Rehabilitation, to allow for the payment of contractual obligations related to the scoreboard and outdoor lighting system at the DCU Center, as approved in the Capital Improvement Program. (Attachments) Order adopted on a roll call 11-0

 

G.      Recommend that Fifty Seven Thousand Five Hundred Dollars ($57,500.00) be transferred from the following accounts:

         

ACCT.

DESCRIPTION

AMOUNT

170-91000

Human Resources Personal Services

$35,000.00

045-91000

Planning Personal Services

$15,000.00

331-91000

Health & Human Services Pers. Ser.

$  4,000.00

150-91000

Elections Personal Services

$  3,500.00

 

 

$57,500.00

 

          and appropriated to Account #170-92000, Human Resources Ordinary Maintenance, for outside legal counsel expenses. (Attachments) Order adopted on a roll call 11-0

 

 

H.      Recommend that Thirty Five Thousand Dollars ($35,000.00) be transferred from Account #660-91000, Treasury Personal Services, and appropriated to Account #660-92000, Treasury Ordinary Maintenance, to supplement the fiscal 2006 budget which has been depleted due to the United States Postal Service increase in postage rates. (Attachments) Order adopted on a roll call 11-0

 

MISCELLANEOUS TRANSMITTALS

 

34.  MISCELLANEOUS CALENDAR ITEMS:

 

A.      Communication relative to a letter from Robert J. Spain, Director of Government Relations at Charter Communications regarding program changes, rate schedules and the monthly call center statistic report. (Attachments) Referred to Public Service & Transportation Committee

 

13.     RECESS TO FINANCE – No action taken

 

FINANCE

 

a.       #29a CM January 31, 2006

Communication of the City Manager regarding a fiscal year 2006 status report on the number of, and the amount of, Federal and State grants written, awarded, and pending approval by the appropriate Federal and State agencies. (Attachments)

 

b.       #29b CM January 31, 2006

Communication of the City Manager relative to Governor Romney’s proposed budget for Fiscal 2007, including his recommendations for local aid for the City of Worcester. (Attachments)

 

c.                 #27A CM April 25, 2006

Communication of the City Manager relative to Dr. Caradonio’s letter that was sent to the Worcester School Committee on April 11, 2006 to update them on the financial impact associated with the unveiling of the House Ways and Means FY 2007 State Budget on the Worcester Public Schools. (Attachments)

 

d.                 #18 CC May 16, 2006

Communication of Roberta Schaefer, Ph.D., Executive Director, Worcester Regional Research Bureau transmitting How Can Worcester Insure Its Fiscal Health in FY07 and Beyond? (Attachments) 

 

e.                  #38 CC May 23, 2006

Communication of the City Manager transmitting City of Worcester FY07 Municipal Budget. (Attachments)

 

TO BE ORDAINED

 

          14 ORDAINED ON A ROLL CALL 11-0

 

14.     Amending Salary Ordinance August 20, 1996 relative to members of Local 1009, IAFF International Association of Firefighters. (Attachments)

Tabled

 

15.     Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Departments License Board as it relates to taxi regulations be rescinded. (Attachments)  (Tabled May 2, 2006 - Murray) – No action taken

 

16.     Communication of the City Manager recommending that Three Hundred Thousand Dollars ($300,000.00) be transferred from Account #91C741, Street Construction, and appropriated to Account #41C743, Washington Square, to pay for contractual obligations for engineering services related to improvements to Washington Square, as approved in the Capital Improvement Program. (Attachments) (Tabled May 23, 2006 – Perotto)

         

          Taken off the table and Order adopted on a roll call 11-0

 

SCHEDULED MEETINGS OF THE STANDING COMMITTEES

 

MAY 30, 2006

   4:00 P.M.

FINANCE

FY07 Budget

 

COUNCIL CHAMBER

 

MAY 31, 2006

   6:00 P.M.

 

COMMUNITY DEVELOPMENT

COUNCIL CHAMBER

JUNE 5, 2006

   6:00 P.M.

 

MUNICIPAL OPERATIONS

COUNCIL CHAMBER

JUNE 6, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 6, 2006

   6:30 P.M.

 

LEGISLATIVE AFFAIRS

COUNCIL CHAMBER

 

 

 

JUNE 7, 2006

   5:30 P.M.

 

TRAFFIC & PARKING

COUNCIL CHAMBER

JUNE 8, 2006

   5:00 P.M.

 

EDUCATION & COLLEGE/UNIVERSITY RELATIONS

 

COUNCIL CHAMBER

JUNE 12, 2006

 5:30-7:00 P.M.

 

PUBLIC SAFETY

COUNCIL CHAMBER

JUNE 12, 2006

   7:00 P.M.

PUBLIC SERVICE & TRANSPORTATION

COUNCIL CHAMBER

 

 

 

JUNE 13, 2006

   4:00 P.M.

FINANCE

FY07 Budget

COUNCIL CHAMBER

 

 

 

JUNE 13, 2006

   6:00 P.M.

 

LAND USE

COUNCIL CHAMBER

JUNE 20, 2006

   4:00 P.M.

 

FINANCE

FY07 Budget

COUNCIL CHAMBER

FY’07 BUDGET HEARINGS

 

Tuesday, May 30, 2006 4:00 P.M. – 6:00 P.M.

 

City Manager’s Office, and Workers Compensation & Public Safety IOD, Human Services Administration, Code Enforcement, Health, Human Services (Disability Commission, Human Rights & Veterans’ Services), Elder Affairs, Public Library, Regional Library, Law Department, Property & Casualty Insurance and Court Judgments

 

Tuesday, June 6, 2006 4:00 P.M. – 6:00 P.M.

 

Auditorium, City Messenger, Golf, Off-Street Parking Program, Administration & Finance Division, Engineering/Architectural Division, Streets Division, Sanitation Division, Central Garage Division, Parks, Recreation & Hope Cemetery, Snow Removal, Streetlights Division, Sewer Division and Water Division

 

Tuesday, June 13, 2006 4:00 P.M. – 6:00 P.M.

 

Fire Department, Police Department, Communications Department, Licensing Commission,

 

Budget Office, Assessor’s Office, Purchasing Division, Technical Services, Treasurer & Collector, Health Insurance, Debt Service Principal & Interest and Pension Obligation Bonds

 

Tuesday, June 20, 2006 4:00 P.M. – 6:00 P.M.

 

Public Schools

 

Retirement (Contributory Pensions, Non-Contributory Pensions and Pensions-Other), Airport, Economic Development, Neighborhood & Housing Development, Union Station, Planning & Regulatory Development and Workforce Development, City Manager’s Marketing Campaign and Worcester Civic Center

 

Capital Investment Programs

 

EVALUATION OF THE CITY MANAGER

 

June 27, 2006 – 7:00 P.M.

 

SUMMER SCHEDULE

CITY COUNCIL MEETINGS

    

July 18, 2006 – 4:00 P.M.

 

August 29, 2006 – 4:00 P.M