CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 12, 2010

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:23 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 except Councilors Eddy, Germain, Haller and Rushton and the Mayor in the Chair. Councilor Rushton arrived at 7:23 P.M. and Councilor Haller arrived at 7:43 P.M.

4.

APPROVAL OF THE MINUTES

4a.

Order - That the City Council of the City of Worcester hereby approves the minutes for the City Council meeting of September 28, 2010.

Attachments

Order adopted

 

5.

RECESSED HEARINGS & ORDERS

5a.

Reconvene Hearing for CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Granting permission to CHARTER COMMUNICATIONS for conduit location on: CANTERBURY ST.

Attachments

Councilor Haller moved to hold the recessed hearings until October 19, 2010. Hearing will reconvene on October 19, 2010.

 

5b.

Reconvene Hearing for CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Granting permission to CHARTER COMMUNICATIONS for a conduit location on: LINCOLN ST.

Attachments

Hearing will reconvene on October 19, 2010 (see #4a CC)

 

6.

FIRST ITEMS OF BUSINESS

6a.

Communication of the City Clerk transmitting a response to a request of the City Council requesting to know the number of civil marriage ceremonies that took place in City Hall during calendar 2009 by the City Clerk and the Assistant City Clerks.

Attachments

Referred to Municipal Operations Committee

 

6b.

Order of Councilor Konstantina B. Lukes - Request City Council refer all information submitted by the City Clerk regarding weddings performed by him and his staff at City Hall and income earned from said weddings to the Standing Committee on Municipal Operations. (Tabled - Lukes September 28, 2010)

Attachments

Referred to Municipal Operations Committee

 

7.

ITEMS OF CITIZEN INTEREST

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Mary Connelly request sidewalk on the corner of 156 Webster St. and Lyman St. be properly repaired.

Attachments

Referred to Public Works Committee

 

9b.

Bart Lewanowski Jr. request removal of dangerous rocks from the public portion of Tyson Rd. at #16 and #14

Attachments

Referred to Public Works Committee

 

9c.

Yvonne DiBenedetto et al request the sidewalk on the even side of Cameron St. be repaved.

Attachments

Referred to Public Works Committee

 

9d.

Victor Semlek request abatement of street assessment #24912 in the amount of $8,000.00 for Broughton Rd.

Attachments

Referred to Public Works Committee

 

9e.

Kathy & Mark Benoit request sidewalk repair in front of 12 Rosewood Dr.

Attachments

Referred to Public Works Committee

 

9f.

Altagracia Rodriguez request to install a handicap parking space for 23 Perry Ave.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Mark Douglas request to have handicap parking removed from in front of 19 Perry Ave.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Councilor Paul P. Clancy, Jr. request to removal of a "No Parking" sign on Falmouth St. at the corner of Blackstone River Rd.

Attachments

Referred to Traffic and Parking Committee

 

9i.

Christina Pattee request City Administration consider approaching the owner(s) of the downtown package store about the possibility of converting it into an upscale wine shop.

Attachments

Referred to City Manager

 

9j.

Christina Pattee request the City Administration consider centering its new WRTA bus facility in the section of Worcester bounded by Ionic Ave, Beacon St., Lagrange St. and Main St.

Attachments

Referred to City Manager

 

9k.

Christina Pattee request City Administration consider approaching the Salvation Army to request relocating its facility away from downtown and closer to the Community Health Link clientele it mainly serves.

Attachments

Referred to City Manager

 

9l.

Christina Pattee request City Administration consider allowing the creation of a community development trust through which members of the general public would have the opportunity to buy shares in the former courthouse to finance its restoration and conversion for re-use.

Attachments

Referred to City Manager

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Jordan Berg Powers and Reappointment of Mia McDonald to the Conservation Commission.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Reappointment of Ken Capurso to the Memorial Auditorium Board of Trustees.

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 the Attached Resolution to File and Accept a Section 203 Planning Assistance Grant from the U.S. Department of Commerce Economic Development Administration.

Attachments

Resolution adopted

 
 

10.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

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
 

10.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

10.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
A.

Recommend Adoption of the Attached Resolution to Accept with Gratitude a Grant in the Amount of Ninety Eight Thousand Seven Hundred and Eighty Nine Dollars ($98,789) from UMass Memorial Health Care in Support of the Youth Opportunities Office.

Attachments

Resolution adopted with gratitude

 
 

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
 

10.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Candidate List of Petitioned Streets for Future Resurfacing Programs.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to a Relocation of Poles on Lincoln Street, Bates Avenue & Marsh Avenue.

Attachments

Placed on file - (see items #14c, 14d, 14e, & 14f CC)

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Backlog of Tree Trimming and Removal Requests and a Strategy for Addressing this Backlog.
Refer to CCM Item 10.36E

Attachments

Placed on file

 
 

10.16

FIRE DEPARTMENT
 

10.17

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to the Number and Types of Motor Vehicle Accidents that have Occurred Over the Past Year at the Intersection of Harding and Harrison Streets.

Attachments

Referred to Traffic and Parking Committee

 
 

10.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

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
 

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
A.

SUPPLEMENTAL: Recommend Approval of Worcester Public Schools Three (3) Statements of Interest to the Massachusetts School Building Authority (MSBA) for Funding.

Attachments

Order adopted

 
 

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
 

10.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #68C701, Technical Services Capital Equipment, to fund the purchase of technical equipment as approved in the Fiscal Year 2011 Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
B.

Recommend that One Hundred Twenty Thousand Dollars And No Cents ($120,000.00) be transferred from Loan Account #91C709, Worcester Common Rehabilitation, and be appropriated to Parks Account #72C706, Worcester Common Rehabilitation, to provide funding for contractually obligated payments associated with the Worcester Common Project.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
C.

Recommend that Ten Thousand Three Hundred Ninety Eight Dollars And Eighty Three Cents ($10,398.83) be transferred from Loan Account #91C7800A, Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Equipment, to allow for the purchase of computer work stations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
D.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C713OA, Security, and be appropriated to DPW Account #45C750, Water System Security 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 (Eddy, Germain absent)

 
E.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C761, Major Taylor Blvd Garage Building Rehabilitation, to DPW Account #46C706, Major Taylor Garage Rehabilitation to allow for payment of current and anticipated obligations per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
F.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C735, Building Rehabilitation, and appropriated to DPW Account #44C725, Off Season Storage Facility (Sewer) to allow for payment of anticipated obligations.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
G.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7840A, Park Improvements, and be appropriated to Account #72C70218, Tree Plantings, to fund various expenses associated with citywide tree plantings.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
H.

Recommend that Five Hundred Ten Thousand Ninety Three Dollars And Fifty Five Cents ($510,093.55) be transferred from Loan Account #91C7341A, Sewer Capital Equipment, and be appropriated, when and as received, to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
I.

Recommend that One Hundred Forty Five Thousand Nine Hundred Nine Dollars And No Cents ($145,909.00) be transferred from Loan Account #91C7801A, 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 pick-up trucks.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
J.

Recommend that One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be transferred from Loan Account #91C7411C, Street Construction, and appropriated to DPW Account #41C741, Street Resurfacing, 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 (Eddy, Germain absent)

 
K.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #04C753, Citywide Energy Improvements, to provide funds for the review and evaluation of the Energy Conservation Measures.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
L.

Recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #91C780, Citywide Capital Equipment, and appropriated to Account #65C701, Auditing Department Capital Equipment for the purchase of color printer.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
M.

Recommend that Eight Thousand One Hundred Dollars And No Cents ($8,100.00) be transferred from Loan Account # 91C711, CityWide Building Rehabilitation, and appropriated to City Messenger Account # 11C703, Alderman Chambers to allow for pending payments.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
 

10.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Two Thousand Seven Hundred Ninety Dollars And No Cents ($22,790.00) be transferred from various accounts, and be appropriated to Account #663-96000, Health Insurance, to close-out Fiscal Year 2010.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
B.

Recommend that One Thousand Dollars And No Cents ($1,000.00) be transferred from Account #33S102, Host Agency, and be appropriated to Account #330-97000, Public Health Overtime, to fund overtime expenses for the reminder of Fiscal Year 2011.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
C.

Recommend that One Thousand Five Hundred Dollars And No Cents ($1,500.00) be transferred from Account #330-54, Greenwood Street Landfill, and be appropriated to Economic Development Account #04S505, Quinsigamond Village Economic Development, to fund design obligations for the Storefront & Facade Improvement Grant Program in Quinsigamond Village.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
D.

Recommend that Sixty Thousand Five Hundred Eighty Nine Dollars And Seventy Two Cents ($60,589.72) be transferred from Account #1101-92000, City Messenger Ordinary Maintenance, and be appropriated to DPW&P Account #410102-92000, Financial Administration Ordinary Maintenance, to provide funds operational transfers.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
E.

Recommend that One Hundred Twenty Thousand Dollars And No Cents ($120,000.00) be transferred from Account #661-94000, Debt Service Principal, and appropriated to Account #7204-92000, DPW Forestry Ordinary Maintenance, to fund the removal of hazardous trees.
Refer to CCM Item 10.15A

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
 

10.37

FINANCE ITEMS
Prior Year
 

10.38

FINANCE
Loan Orders
 

10.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Receipt of Solar-Powered Trash Receptacles by the Massachusetts Department of Energy Resources.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to an Invitation to the Swearing In Ceremony of Judge Janet J. McGuiggan.

Attachments

Placed on file

 
C.

Recommend Adoption of an Order to Adopt a Local Option to Increase the Survivor Allowance from $6,000 to $9,000 Annually as of January 1, 2011.

Attachments

Councilor Lukes moved to table the item. Tabled - Lukes

 
11.

COMMUNICATION OF THE CITY AUDITOR

11a.

Transmitting Auditor's Report for September 2010.

Attachments

Referred to Finance Committee

 

12.

TO BE ORDAINED

12a.

Amending the Salary Ordinance Relative to the Salary of the City Manager.

Attachments

Ordained on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 

13.

TABLED UNDER PRIVILEGE

13a.

Resolution of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in opposition to question #1 appearing on the November 2, 2010 state election ballot. (Tabled - O'Brien October 5, 2010)

Attachments

Mayor O'Brien moved to table the item for one more week. Tabled - O'Brien

 

14.

TABLED ITEMS

14a.

Communication of the City Manager transmitting informational communication relative to the 2009 Leaf Collection Program. (Tabled - Haller June 1, 2010)

Attachments

No Action Taken

 

14b.

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

 

14c.

Order to grant permission to NATIONAL GRID for pole location on: BATES AVE. (Tabled - Palmieri September 28, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table and take up with item #10.14B CM. Order adopted Councilor Rushton moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 8 Yeas and 0 Nays (Eddy, Germain, Haller absent) Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Eddy, Germain, Haller absent)

 

14d.

Order to grant permission to NATIONAL GRID for pole locations on: LINCOLN ST. (Tabled - Palmieri September 28, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table and take up with item #10.14B CM. Order adopted Councilor Rushton moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 8 Yeas and 0 Nays (Eddy, Germain, Haller absent) Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Eddy, Germain, Haller absent)

 

14e.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for eight joint pole locations on: LINCOLN ST. (Tabled - Palmieri September 28, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table and take up with item #10.14B CM. Order adopted Councilor Rushton moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 8 Yeas and 0 Nays (Eddy, Germain, Haller absent) Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Eddy, Germain, Haller absent)

 

14f.

Order to grant permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC. for a joint pole location on: MARSH AVE. (Tabled - Palmieri September 28, 2010)

Attachments

Mayor O'Brien moved to take the item off the Table and take up with item #10.14B CM. Order adopted Councilor Rushton moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 8 Yeas and 0 Nays (Eddy, Germain, Haller absent) Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Eddy, Germain, Haller absent)

 

15.

NEW BUSINESS UNDER SUSPENSION

15a.

Motion Lukes @ #6a & 6b CC - Request City Manager request City Solicitor report as to whether the City Council may obtain information as to revenues generated for weddings performed in City Hall during office hours.

Councilor Clancy moved to amend: Further, request City Manager request the City Solicitor report on the ramification of the City Clerk being an elected and not an appointed official of the City Council and how the state laws effect the employment of the City Clerk in regards to civil marriages being performed at City Hall.

Councilor Lukes moved to amend: Further, request the City Manager request the City Solicitor to also include in the report if a charter change could be drafted to change the position of the City Clerk to be under the supervision of the City Manager and not City Council.

Attachments

Order adopted

 

15b.

Motion Clancy @ #10.17A CM - Request the City Council's Standing Committee on Traffic and Parking to consider a 4-way stop be installed at the intersection of Harding St. and Harrison St.

Attachments

Referred to Traffic and Parking Committee

 

15c.

Motion Lukes @ #10.39C CM - Request City Manager request the Retirement Board to report to City Council as to the logic for an increase, the costs, who is eligible and why an increase to the Survivor Allowance is needed.

Attachments

Order adopted

 

15d.

PETITION - Councilor Joffrey A. Smith request sidewalk repair on Sagamore Road side of 12 Monadnock Road.

Referred to Public Works Committee

 

15e.

Motion Haller - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks to issue simultaneously to City Council the lists for street and sidewalk repair/resurfacing and associated costs.

Attachments

Order adopted

 

15f.

PETITION - Councilor Frederick C. Rushton on behalf of Jane Boggs request sidewalk repair on the corner of 45 Circuit Ave. East and Circuit Ave. North.

Attachments

Referred to Public Works Committee