CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 7, 2011

Esther Howland Chamber

Convened: 7:12 P.M.

Recessed into Finance Committee: 7:26 P.M.
Reconvened into Open Session: 7:43 P.M.
Adjourned: 8:45 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 Councilor Toomey and the Mayor in the Chair

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 May 24, 2011.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS - RECESS TO FINANCE COMMITTEE - (see Finance Committee agenda)

6.

SECOND ITEM OF BUSINESS

6a.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager Recommend Adoption of the Attached Resolutions for Funding Recommendations for Year 37 for Annual U.S. Department of Housing and Urban Development (HUD) Entitlement Grants (CDBG, HOME, ESG, and HOPWA ): recommend adoption of the accompanying four resolutions. (Tabled - O'Brien May 31, 2011)

Attachments

Accepted & Four (4) Resolutions adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Mayor O'Brien moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)

 

7.

ITEMS OF CITIZEN INTEREST

7a.

Mayor O'Brien read a proclamation declaring June 12 through June 18 as Reading in Our City Week and presented it to School Committee Member John Monfredo who commented on the need for children summer reading programs and requested the funding of the Bookmobile be a priority.

Attachments

 

7b.

Mayor O'Brien read a proclamation declaring June 12, 2011 as Loving Day in Worcester recognizing the 44th anniversary of the landmark Supreme Court Decision Loving vs. Virginia overturning Virginia's “Racial Integrity Act”and presented it to Cara Lisa Berg Powers, a member of the Human Rights Commission who thanked the Mayor and City Council for this recognition.

Attachments

 

7c.

Mayor O'Brien read a proclamation declaring June 18th as Worcester Tornado Day and presented it to of the Worcester Tornadoes CEO Todd Breighner who announced plans concerning a telethon to be held on June 17 & 18 and a portion of the proceeds from Tornado game tickets will be donated to the American Red Cross relief fund for the tornado victims in central and western Massachusetts.

Attachments

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Councilor Philip P. Palmieri on behalf of Joann Kane request repair of sidewalks in front of 259 Beverly Rd.

Attachments

Referred to Public Works Committee

 

9b.

Councilor Philip P. Palmieri request repair of sidewalks in front of 1 Buckingham Rd.

Attachments

Referred to Public Works Committee

 

9c.

Councilor Philip P. Palmieri request repair of sidewalks in front of 4 Buckingham Rd.

Attachments

Referred to Public Works Committee

 

9d.

Councilor Philip P. Palmieri request repair of sidewalks in front of 19 Buckingham Rd.

Attachments

Referred to Public Works Committee

 

9e.

Jo Hart requests an immediate well publicized public hearing for the WRTA to combine its planned two sites (Union Station and Quinsigamond Ave) into one location at the Wyman Gordon property now for sale, thereby saving untold traffic problems and congestion and millions of dollars of public money.

Attachments

Mayor O'Brien recognized the petitioner who addressed City Council concerning this item. Placed on file

 

9f.

NSTAR for a gas main location: INSTITUTE RD.

Attachments

Hearing set for June 14, 2011 - 7:00 P.M.

 

9g.

MASSACHUSETTS ELECTRIC COMPANY dba NATIONAL GRID & VERIZON NEW ENGLAND for a joint pole location: GUILFORD ST.

Attachments

Hearing set for June 14, 2011 - 7:00 P.M.

 

10.

COMMUNICATIONS OF THE CITY MANAGER

 

10.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Nievel Williams to The Mayor Thomas Early Scholarship Committee.

Attachments

Placed on file

 
 

10.2

APPOINTMENTS
City Council Confirmation
 

10.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to Legal Counsel Rendered for Collective Bargaining Purposes.

Attachments

Placed on file

 
B.

Recommend Adoption of the Attached Salary Ordinance Amendment to Comply with Changes Enacted in the Fiscal Year 2012 Budget.

Attachments

Voted to advertise proposed ordinance

 
C.

Recommend Adoption of the Attached Salary Ordinance Amendment to Comply with Changes Enacted in the Fiscal Year 2012 Budget.

Attachments

Voted to advertise proposed ordinance

 
D.

Recommend Adoption of the Attached Salary Ordinance Amendment to Comply with Changes Enacted in the Fiscal Year 2012 Budget.

Attachments

Voted to advertise proposed ordinance

 
E.

Recommend the Adoption of the Attached Salary Ordinance Amendment to Comply with Changes Enacted in the Fiscal Year 2012 Budget.

Attachments

Voted to advertise proposed ordinance

 
 

10.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
 

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
A.

Recommend Adoption of the Attached Resolutions to File and Accept FY12 Grants from the State Division of Career Services.

Attachments

(14) Resolutions adopted

 
 

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.

Transmitting Informational Communication Relative to the 2011 Summer Youth Opportunities Program.

Attachments

Placed on file

 
 

10.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

10.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
A.

Transmitting Informational Communication Relative to Charter Communication's 1st Quarter Report on Response Time in Handling Phone Calls to Customer Care.

Attachments

Referred to Public Service and Transportation Committee

 
 

10.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

10.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

SUPPLEMENTAL: Communication Relative to the Traffic Impact of Closing Downing Street from Woodland Street to Florence Street.

Attachments

Referred to Public Works Committee and Traffic and Parking Committee

 
 

10.14

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 April 2011.

Attachments

Placed on file

 
 

10.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to the Ribbon Cutting for the Official Opening of the Crompton Park Pool on Friday, July 1, 2011.

Attachments

Placed on file

 
 

10.16

FIRE DEPARTMENT
 

10.17

POLICE DEPARTMENT
 

10.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

SUPPLEMENTAL: Recommend Adoption of a Resolution to File and Accept an Emergency Operations Center Grant through the Massachusetts Executive Office of Public Safety and Security by Homeland Security/FEMA.

Attachments

Resolution adopted

 
 

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
A.

Recommend Adoption of a Resolution to Accept a 2011 South High Community Service Learning Council Grant in the Amount of Six Hundred and Seventy-Five Dollars ($675.00) for Teen Writing and Teen Manga Programs at the Worcester Public Library.

Attachments

Resolution adopted

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation from the Worcester Women's Club in the Amount of Fifty Dollars and No Cents ($50.00) to the Worcester Public Library's Gaudette Fund.

Attachments

Resolution adopted

 
 

10.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Transmitting Informational Communication Relative to Activities of the Office of Disabilities.

Attachments

Placed on file

 
 

10.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

10.29

PUBLIC SCHOOL DEPARTMENT
 

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
A.

Transmitting Informational Communication Relative to the DCU Special District Improvement Fund.

Attachments

Referred to Economic Development Committee

 
 

10.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be transferred from Loan Account #91C745, Sewers - Holden Street, and be appropriated to DPW Account #44C776, Holden Street Sewer Main, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C745, Sewers - Granite Street, and be appropriated to DPW Account #44C746, Granite Street Improvements, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
C.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C7110A, Citywide Building Rehabilitation, and be appropriated to Account #41C704, DPW Building Rehabilitation, to allow for the payment of current and anticipated obligations.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
D.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C737OA, Water Meters, and be appropriated to DPW Account #45C794, Water Meters, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
E.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7451A, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
F.

Recommend that Forty One Thousand Two Hundred Seventy Dollars And No Cents ($41,270.00) be transferred from Account #91C7111B, Fire Building Rehabilitation, and be appropriated to Account #26C704, Worcester Fire Department Capital Rehabilitation, to fund the purchase of replacement windows for the Grove Street Fire Station.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

10.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Hundred Sixty Thousand Dollars And No Cents ($160,000.00) be transferred from Account #250-91000, Police Personal Services, and be appropriated to Account #250-97000, Police Overtime, to cover the cost of an impact patrol for the month of June 2011.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
B.

SUPPLEMENTAL: Recommend that Four Million One Hundred Fifteen Thousand Three Hundred Eight Dollars And No Cents ($4,115,308.00) be transferred from the identified Accounts to be appropriated to the Police and Fire Department Salary Accounts to amend the Fiscal 2012 Police and Fire Department Salary budget restoring positions
as identified.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent)

 
 

10.37

FINANCE ITEMS
Prior Year
 

10.38

FINANCE
Loan Orders
 

10.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to an Invitation to a Groundbreaking Ceremony on June 6, 2011 for the new CSX Terminal.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to an Update for the 2011 Wheels to Water Program.

Attachments

Referred to Youth, Parks and Recreation Committee

 
C.

Transmitting Informational Communication Relative to the 2011 Out to Lunch Summer Concert Series.

Attachments

Placed on file

 
D.

SUPPLEMENTAL: Recommend Adoption of Amendments to the FY'12 Budget.

Attachments

Prior to recessing to Finance Committee this item was taken up and Referred to Finance Committee

 
11.

CHAIRMAN'S ORDERS

11a.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the savings being realized as a result of health plan migrations. (O'Brien)

Attachments

Order adopted

 

11b.

FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council the number of retirees and the number of employees, within the two unions who have not settled their contracts, who have migrated to GIC like plan. (Clancy)

Attachments

Order adopted

 

11c.

FROM THE COMMITTEE ON FINANCE - Request City Manager appraise City Council of strategies for expending additional resources for the summer impact program, if additional funding is identify, and the areas to apply. (Petty)

Attachments

Order adopted

 

11d.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with an update concerning summer jobs for the youth of Worcester. (Haller)

Attachments

Order adopted

 

11e.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report detailing a three year history of the account for special counsel within the Human Resources Department utilized for various collective bargaining units and include the number of hours, hourly rates and retainers, etc. (O'Brien)

Attachments

Order adopted

 

12.

COMMUNICATION

12a.

Mayor Joseph C. O'Brien transmitting communication requesting City Council to accept with gratitude a donation in the amount of $1,500.00 from the Greater Worcester Community Foundation for the Mayor's 4 session Civic Academy in conjunction with the judges of the Worcester Trial Court Complex.

Attachments

Order adopted with gratitude

 

13.

LOAN ORDER TO BE ADOPTED

13a.

That the City Treasurer, with the approval of the City Manager, is hereby authorized to issue refunding bonds or notes of the City under and pursuant to Chapter 44, Section 21A of the General Laws, or any other enabling authority, for the purpose of refunding all or a portion of the outstanding amounts for the following enclosed bond issues.

Attachments

Loan Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Mayor O'Brien moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays. (Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)

 

14.

TABLED ITEMS

14a.

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

 

14b.

Communication of the City Manager transmitting informational communication relative to a Report on the City Council's Authority to Increase Elder Exemption Limits on Annual Income and Asset Limits. (Tabled Under Privilege - O'Brien April 26, 2011 & Tabled - Lukes May 3, 2011)

Attachments

Councilor Clancy moved to Take the Item off the Table - Accepted Taken off the Table & Referred to Municipal Operations Committee

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Mayor O'Brien, Chairman of the Finance Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting informational communication relative to Fiscal Year 2012 Budget Recommendation: recommend adoption of the accompanying Order.

Attachments

FY 2012 Budget adopted as approved by the Finance Committee on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) Mayor O'Brien moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays. (Toomey absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent)

 

15b.

Motion Haller @ #10.9A CM - Request City Manager forward a copy of City Manager's item #10.9A to all the neighborhood crimewatch groups and business associations.

Attachments

Order adopted

 

15c.

Motion Lukes @ #10.14A CM - Request City Manager report to City Council whether or not police are notified when there is an increase of graffiti and report if this is an indication for an increase in violence or other criminal activities.

Attachments

Order adopted

 

15d.

Motion Smith @ #10.15A CM - Request City Manager inform City Council as to whether the resident permit parking signs approved by the Traffic & Parking Committee for Canton St. will be installed prior to the opening of the Crompton Pool Park.

Attachments

Order adopted

 

15e.

Motion Haller @ #10.39B CM - Request City Manager forward a copy of City Manager's item #10.39B to all the neighborhood crimewatch groups and business associations.

Attachments

Order adopted

 

15f.

Motion Lukes @ #10.18A CM - Request the City Council Standing Committee on Public Safety consider holding a public hearing to learn from the Administration the city's local response plans in the event of natural catastrophe such as a tornado.

Attachments

Referred to Public Safety Committee

 

15g.

Motion Lukes - Suspension of Rules - Request City Manager provide City Council with a list of wages for all city employees based on their W-2 form.

Attachments

Denied on a roll call vote of 4 Yeas and 6 Nays (Yeas - Eddy, Lukes, Rushton, O'Brien) (Nays - Clancy , Germain, Haller, Palmieri, Petty, Smith) (Toomey absent)

 

15h.

PETITION - Councilor Joffrey A. Smith on behalf of John Abbe of Zion Lutheran Church request to remove the “No Parking” signs around the Zion Lutheran Church at the corner of Leeds St. and Whitmarsh Ave.

Attachments

Referred to Traffic and Parking Committee

 

15i.

PETITION - Councilor William J. Eddy on behalf of the residents of Olean St. request to install a crosswalk in the vicinity of at 135 Olean St.

Attachments

Referred to Traffic and Parking Committee

 

15j.

PETITION - Councilor William J. Eddy and Councilor Joseph M. Petty request installation of three (3) street lights on Mayfield St. from Chandler St. along side of Beaver Brook Park and Ted Williams Little League.

Attachments

Referred to Public Service and Transportation Committee

 

15k.

PETITION - Councilor William J. Eddy on behalf of David O'Toole et al request to repave Wyola Dr.

Attachments

Referred to Public Works Committee

 

15l.

Motion Eddy - Suspension of Rules - Request the Mayor send a letter on behalf of the City Council thanking Good Sports Inc. for their generous donation of $8,000 in sports equipment to Doherty High School.

Councilor Petty to amend: Further, request the Mayor invite Good Sports Inc. to a City Council meeting for the purpose of recognizing them for this donation as well as a previous donation to the Vocational High School.

Attachments

Order adopted

 

15m.

Motion Rushton - Request City Manager closely monitor the repairs to benches at the Jesse Burkett “A” Field.

Attachments

Order adopted