CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 8, 2007

Council Chamber

Convened: 7:05 P.M.

Adjourned: 8:58 P.M.


Mayor
Konstantina B. Lukes

 

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Paul P Clancy JrBarbara G Haller
Dennis L Irish Philip P Palmieri
Michael C Perotto Joseph M Petty City Clerk
David J. Rushford
Gary Rosen Frederick C Rushton
Joffrey A Smith Kathleen M Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - ALEXANDRA MILLS

3.

ROLL CALL-All present

4.

ITEMS OF CITIZEN INTEREST

4a.

Mayor Lukes read a proclomation declaring May 12, 2007, National Association of Letter Carriers Food Drive.

 

5.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

6.

PETITIONS

6a.

Melissa Kanaracus request sidewalk repair in front of 22 St. Elmo Rd.

Attachments

Referred to Public Works Committee

 

6b.

Lillian Aramony and Philip & Patricia Roy request sidewalk repair/replacement in front of 16 and 18 Rosewood Dr.

Attachments

Referred to Public Works Committee

 

6c.

Leona Ricklin request to resurface Salisbury Crag.

Attachments

Referred to Public Works Committee

 

6d.

Mr. & Mrs. William Balcom request private street maintenance along the Albemarle St. side of 61 Chester St.

Attachments

Referred to Public Works Committee

 

6e.

Lusine Baghsarian request sidewalk repair in front 3 Intervale Rd.

Attachments

Referred to Public Works Committee

 

6f.

Sarkis Hagopian request sidewalk repair in front of 5 Intervale Rd.

Attachments

Referred to Public Works Committee

 

6g.

Rachel & Brian Keyo et al request that safety repairs be carried out to restore, resurface and reconstruct Euclid Ave.

Attachments

Referred to Public Works Committee

 

6h.

Rachel & Brian Keyo et al request that safety repairs be carried out to restore, resurface and reconstruct sidewalks in Euclid Ave.

Attachments

Referred to Public Works Committee

 

6i.

Joseph Quinn request installation of traffic signal in Rte.20 at the Miller Fence Co. and the access road entrance at Wheelabrator Millbury Inc.

Attachments

Referred to Traffic and Parking Committee

 

6j.

Joseph Quinn request to install a red light ahead alert signal on east bound side of Rte.20 in vicinity of Lahti Farm Rd.

Attachments

Referred to Traffic and Parking Committee

 

6k.

Councilor Paul P. Clancy, Jr. on behalf of Anthony Petrone request "No Parking" be installed in both sides of the entire length of Kelsey Dr.

Attachments

Referred to Traffic and Parking Committee

 

6l.

Cheryl DelSignore request to speak to City Council regarding funding of the Worcester Public Schools.

Attachments

Motion Toomey - Request to Suspend the Rules to allow additional speakers. Approved on a roll call of 11 Yeas and 0 Nays. Speakers: Loretta Holloway Sarah Hebert John Palmer Placed on file

 

7.

COMMUNICATIONS OF THE CITY MANAGER

 

7.1

APPOINTMENTS
Non-City Council Confirmation
A.

Notification of Reappointment of Joseph Zwirblia to the Airport Commission.

Attachments

Placed on file

 
B.

Notification of Reappointment of Jonathan Mannina, Gina Palumbo, and Michael Testa to the Community Development Advisory Committee.

Attachments

Placed on file

 
C.

Notification of Reappointment of Joseph Wanant to the Conservation Commission.

Attachments

Placed on file

 
D.

Notification of Reappointment of Reynaldo Rodriguez and Daniel McAuliffe to the G. A. R. Memorial Hall Board.

Attachments

Placed on file

 
E.

Notification of Reappointment of Abigail Averbach and Dr. Stanley Levenson to the Board of Health.

Attachments

Placed on file

 
F.

Notification of Reappointment of James Constantine to the Historical Commission.

Attachments

Placed on file

 
G.

Notification of Reappointment of Matthew Curewitz to the Hope Cemetery Board of Commissioners.

Attachments

Placed on file

 
H.

Notification of Reappointment of Mable Millner to the Human Rights Commission.

Attachments

Placed on file

 
 

7.2

APPOINTMENTS
City Council Confirmation
A.

Notification of Appointment of Rachel Brown and Reappointment of Dawn Clark, Migdalia Cortes, and Jaqueline Norton to the Commission on Disabilities.

Attachments

Appointment and Reappointments confirmed on a roll call vote of 11 Yeas and 0 Nays

 
B.

Notification of Reappointment of Francis Paquette to the Civic Center Commission.

Attachments

Reappointment confirmed on a roll call vote of 11 Yeas and 0 Nays

 
C.

Notification of Reappointment of Patricia McKone to the Advisory Committee on the Status of Women.

Attachments

Reappointment confirmed on a roll call vote of 11 Yeas and 0 Nays

 
 

7.3

EXECUTIVE OFFICE OF THE CITY MANAGER
Airport Division
 

7.4

EXECUTIVE OFFICE OF THE CITY MANAGER
Cable Services Division
 

7.5

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

7.6

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Resources Division
 

7.7

EXECUTIVE OFFICE OF THE CITY MANAGER
Workforce Development
 

7.8

OFFICE OF ECONOMIC DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the 3rd Quarter FY'07 Report of the Worcester UniverCity Partnership.

Attachments

Referred to Education and College/University Relations Committee

 
B.

Transmitting Informational Communication on the New Tenants for Union Station.

Attachments

Referred to Commerce and Development Committee

 
 

7.9

OFFICE OF ECONOMIC DEVELOPMENT
Neighborhoods and Housing Development
A.

Recommend Adoption of a Resolution to File and Accept an Edward J. Byrne Memorial State and Local Law Enforcement Assistance Formula Grant

Attachments

Resolution adopted

 
B.

Recommend Adoption of a Resolution to File and Accept a Lead-Based Paint Hazard Control Grant.

Attachments

Resolution adopted

 
 

7.10

OFFICE OF ECONOMIC DEVELOPMENT
Planning and Regulatory Services Division
 

7.11

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

7.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Recommend the Conversion of the Private Section of Hickory Drive to a Public Way.

Attachments

Referred to Planning Board

 
B.

Transmitting Informational Communication Relative to the Status of the Fire Hydrant Located in the Vicinity of 1095 Millbury Street.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication Relative to Keep Worcester Clean (KWC) Activity Report for the Month of March 2007

Attachments

Referred to Public Works Committee

 
 

7.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

7.14

PUBLIC SAFETY DEPARTMENTS
Communications Division
 

7.15

PUBLIC SAFETY DEPARTMENTS
Fire Department
A.

Recommend Adoption of a Resolution to File and Accept a Grant Through the Commonwealth's Underground Storage Tank Program.

Attachments

Resolution adopted

 
B.

Transmitting Informational Communication Relative to the Best Estimates of the Amount of Time Worcester Fire Department Personnel Spend at Various Types of 911 Calls.

Attachments

Referred to Public Safety Committee

 
C.

Transmitting Informational Communication Relative to any Incidence of Arson from July 1, 2006 to Present and the Relationship to Increased Residential Property Foreclosure Rates.

Attachments

Referred to Public Safety Committee

 
 

7.16

PUBLIC SAFETY DEPARTMENTS
License Commission
 

7.17

PUBLIC SAFETY DEPARTMENTS
Police Department
 

7.18

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
 

7.19

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Code Enforcement Division
 

7.20

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Disability Division
 

7.21

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Elder Affairs Division
 

7.22

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Rights Division
 

7.23

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Human Services Division
 

7.24

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Division
A.

Resolution to Accept with Gratitude a Donation from Geese Peace of a Motorized Flat Bottom Zodiak Boat.

Attachments

Resolution adopted with gratitude

 
 

7.25

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Library
A.

Recommend that the City Council, Accept with Gratitude a $5,000.00 donation from Shaw's Supermarket to the Worcester Public Library.

Attachments

Order adopted with gratitude

 
 

7.26

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Veterans' Services Division
 

7.27

PUBLIC SCHOOL DEPARTMENT
 

7.28

LAW DEPARTMENT
Legal Division
 

7.29

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

7.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

7.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

7.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

7.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
A.

Informational Communication Relative to the $4,750,000.00 General Obligation Refunding Garage Bond with the Results of the Rating Agencies.

Attachments

Placed on file

 
 

7.34

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Seven Thousand Dollars And No Cents ($47,000.00) be transferred from Account # 91C709, Worcester Common Rehabilitation, and be appropriated to Account # 14C714, Worcester Common Rehabilitation, to allow for contractually obligated payments.

Attachments

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

 
B.

Recommend that Twenty Three Thousand Dollars And No Cents ($23,000.00) be transferred from Account # 91C780, Citywide Capital Equipment, and be appropriated to Account # 34C701, Elder Affairs Capital Equipment, for the purpose of purchasing and installing exterior signage at the Worcester Senior Center.

Attachments

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

 
C.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C741, Street Construction, and be appropriated to DPW Account #41C745, Franklin Street Slope to allow for the payment of current and future obligations associated with this slope repair.

Attachments

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

 
D.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation and be appropriated to Account #26C704 , Fire Department Capital Rehabilitation, to fund catch basin costs for the Leary Building .

Attachments

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

 
E.

Recommend that Twenty Two Thousand Seven Hundred Thirty Eight Dollars And Thirty Six Cents ($22,738.36) be transferred from Account #91C790, New School Construction, and be appropriated to Account #28C724, North High Construction, for the purpose of funding final payments.

Attachments

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

 
F.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C799, North High School, and be appropriated to DPW Account #41C740, North High School to allow for the payment of on going contractual obligations, for the construction of North High School.

Attachments

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

 
G.

Recommend that Sixty Five Thousand Dollars And No Cents ($65,000.00) be transferred from Account # 91C797, Airport Improvements, and be appropriated to Account # 47C702, Airport Building Rehabilitation, to pay for Environmental Mitigation obligations.

Attachments

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

 
 

7.35

FINANCE ITEMS
Operational Transfers
A.

Recommend that Eleven Thousand One Hundred Fifty Dollars And Fourteen Cents ($11,150.14) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, and be appropriated to Account # 660-92000, Treasurer's Office Ordinary Maintenance, to fund the costs associated with the issuance of the April 12, 2007 Bond Anticipation Note issuance.

Attachments

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

 
B.

Recommend that Sixty Seven Thousand Five Hundred Dollars And No Cents ($67,500.00) be transferred from Account #660-91000, Treasurer's Office Salary Account and be appropriated to Account # 660-92000, Treasurer's Office Ordinary Maintenance to record approximately 500 delinquent real estate tax liens as well as prepare and mail Water and Sewer bills, Real Estate tax bills and all other City mail for the remainder of FY07.

Attachments

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

 
 

7.36

FINANCE ITEMS
Prior Year
 

7.37

MISCELLANEOUS AGENDA TRANSMITTALS
A.

SUPPLEMENTAL: Communication Relative to the Appointment of Robert J. Allard, Junior, as Acting Chief Financial Officer.

Attachments

Placed on file

 
8.

COMMUNICATION

8a.

Roberta Schaefer, Executive Director of the Worcester Regional Research Bureau, transmitting communication relative to Benchmarking Public Education in Worcester: 2007

Attachments

Referred to Education and College/University Relations Committee

 

9.

REPORT OF THE PLANNING BOARD

9a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting informational communication relative to the Gateway Park Public Street Decree.

Attachments

Referred to Public Works Committee

 

10.

TO BE ORDAINED

10a.

Amending the Salary Ordinance of August 20, 1996 relative to the Salary of the License Commissioners.

Attachments

Mayor Lukes recused on a roll call vote of 10 Yeas and 0 Nays - Ordained on a roll call vote of 10 Yeas and 0 Nays - Reconsideration denied on a roll call vote of 0 Nays and 10 Yeas.

 

10b.

Amending the Salary Ordinance relative to Suspending the Salary Increase of the Mayor and Members of the City Council.

Attachments

Ordained on a roll call vote of 10 Yeas and 0 Nays (Lukes absent) - Reconsideration denied on a roll call vote of 0 Nays and 10 Yeas (Lukes absent).

 

11.

TABLED UNDER PRIVILEGE

11a.

Resolution of Councilor Kathleen M. Toomey - That the City Council of the City of Worcester hereby goes on record in support of the Advocacy Study proposed in Senate Bill 291; "An Act to Fulfill the Promise of Education Reform: Adequate Funding for Student Success". (Tabled - Lukes May 1, 2007)

Attachments

Taken off the Table - Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

12.

TABLED ITEMS

12a.

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

Attachments

No action taken

 

12b.

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

Attachments

No action taken

 

12c.

Chairman's Order from the Committee on Military Affairs - Request City Manager consider communicating to City Council a recommendation for funding section 2 of Chapter 157 of M.G.L. in the amount of $1.1 million. (Tabled - Clancy March 6, 2007)

Attachments

No action taken

 

13.

SUSPENSION OF RULES

13a.

Motion-Rushton @ #7.8A CM - Request City Manager request all Worcester colleges distribute meal cards to their students so that they may use them in off-campus establishments.

Attachments

Order adopted

 

13b.

Motion-Rushton @ #7.8A CM - Request City Manager request that the UniverCity Partnership and Dr. Carberry look towards the north main area of the City to establish a business incubation center.

Attachments

Order adopted

 

13c.

Motion-Rushton @ #7.8A CM - Request City Manager explore Salem State College's incubation center to obtain ideas which can be initiated here in the City.

Attachments

Order adopted

 

13d.

Motion-Rosen @ #7.8B CM - Request City Manager interact with representatives of the FDR museum to seek an alternative location for the museum including the telegraph station on Park Ave.

Attachments

Order adopted

 

13e.

Motion-Rushton-Suspension of Rules - Request City Manager request the Commissioner of Public Works and Parks examine the ball fields on the south side of the City to ensure that field regulations are met and that said fields receive the same funding as do other fields throughout the City. Further request a minor league field be established as well.

Attachments

Order adopted

 

13f.

Motion-Rushton, Toomey and Petty-Suspension of Rules - Request City Manager request the Police Chief provide speeding surveillance on First St.

Attachments

Order adopted

 

13g.

Motion-Rosen-Suspension of Rules - Request City Manager provide a status report of GKN Sinter Metals (formerly Presmet) at 112 Harding St. including a timeline for closing, helping employees find new jobs, and the City's role in helping facilitate reuse of this property.

Attachments

Order adopted

 

13h.

Motion-Haller-Suspension of Rules - Request City Manager request the Police Chief submit a report to the City Council pertaining to the hand gun found in Philip Edmonds possession at the time of his arrest and charge of possession of a firearm without a FID, Saturday, May 3, 2007 on 2 King St. Report should include where the Glock 40 caliber hand gun came from.

Attachments

Order adopted

 

13i.

Motion-Petty-Suspension of Rules - Request City Manager request that Doug Hannam, District 4 Little League Commissioner, review and sign off on all future development of fields so that they meet field regulations.

Attachments

Order adopted

 

13j.

Motion-Toomey-Suspension of Rules - Request City Manager act expediently to address sex offender legislation.

Attachments

Order adopted

 

13k.

REPORT OF THE COMMITTEE ON MILITARY AFFAIRS Upon the Petition of Councilor Michael C. Perotto on behalf of James A. Bisceglia request the erection of a memorial square for James V. Bisceglia, killed in action at Anzio, Italy on January 28, 1944, at the suggested location at the corner of Shrewsbury St. and Larkin St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted