CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 14, 2010

Esther Howland Chamber

Convened: 7:37 P.M.

Adjourned: 9:41 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 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 November 30, 2010.

Attachments

Order adopted

 

5.

FIRST ITEMS OF BUSINESS

5a.

Quarterly Economic Development Initiatives Status Report

Taken up with item #9.4A CM

 

5b.

Quarterly Report of the Economic Development Division's (EDD) Small Business Retention and Recruitment Efforts and Other Coordinated City Activities.

Taken up with item #9.4B CM

 

6.

ITEMS OF CITIZEN INTEREST

6a.

At the request of Councilor Haller, Mayor O'Brien suspended the rules to hear a petition from James Connolly, a Worcester resident. Mr. Connolly requested consideration for setting aside money strictly for sidewalks. Councilor Haller requested that a copy of his request be given to all the members of City Council.

Mayor O'Brien also recognized and invited Paulette Fortier, a Worcester resident, to speak in favor of the need to fix sidewalks and presented pictures of various sidewalks in need of repair.

Attachments

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Carole & Daniel Foley et al request resurfacing of Trinity Ave. from #59 to #69.

Attachments

Referred to Public Works Committee

 

8b.

John Grosse, Shrewsbury St. Bread & Pizza, LLC request to install a commercial loading zone at 352 Shrewsbury St.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Mayor Joseph O'Brien on behalf of Dino Debartolomeis and the Mass Rehab Commission request to install two additional handicap parking spaces at 359 Main St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Kelly Feliciano, et al request resident permit parking be extended to the bridge on Endicott St. or appropriate signage to deter non-resident parking.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Councilor Barbara G. Haller request to remove handicap parking space at corner of Walpole St. and 106 Southgate St.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Richard Markowski request to install handicap parking space in front of 73 Paine St.

Attachments

Referred to Traffic and Parking Committee

 

8g.

NATIONAL GRID and VERIZON NEW ENGLAND, INC. to install one jointly owned pole and remove one jointly owned pole location: BRANDON ROAD

Attachments

Councilor Smith moved to the table the item. Tabled - Smith

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
 

9.3

DEPARTMENT OF HUMAN RESOURCES
 

9.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Quarterly Update Report of Economic Development Initiatives.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting the Economic Development Report Relative to Small Businesses Recruitment and Retention Efforts.

Attachments

Referred to Economic Development Committee

 
C.

Recommend Adoption of a Resolution to Designate a Priority Development Site (PDS) for the North Main/ Lincoln Square Area.

Attachments

Referred to Economic Development Committee

 
D.

Transmitting Informational Communication Relative to Additional Requirements and Public Notification for Future Tax Increment Financing Plan Applications.

Attachments

Mayor O'Brien moved to table the item under privilege. Tabled Under Privilege - O'Brien

 
E.

Transmitting Informational Communication Relative to the Proposed Certified Project at 50 Prescott Street.

Attachments

Placed on file

 
F.

Recommend City Council Approval for Certain Actions Relative to CSX Corporation.

Attachments

Referred to Economic Development Committee Under Suspension of Rules Councilor Clancy requested reconsideration - Approved Reconsideration approved on a voice vote Councilor Clancy moved to refer the proposed zoning ordinances to Planning Board (petitions A & B) and refer to the street petitions to Public Works Committee (petitions C - H) Referred the proposed zoning ordinances petitions to Planning Board; and Referred the street petitions to Public Works Committee

 
 

9.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

9.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

9.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

9.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

9.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

9.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

9.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
A.

Transmitting Informational Communication Relative to the Cable Television License Renewal Process with Charter Communications.

Attachments

Referred to Public Service and Transportation Committee

 
 

9.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the 2010 Thanksgiving Day Donations from the Department of Public Works and Parks Employees.

Attachments

Placed on file

 
 

9.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

9.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.16

FIRE DEPARTMENT
 

9.17

POLICE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to File and Accept a FFY 2011 Underage Alcohol Enforcement Grant from the MA Executive Office of Public Safety and Security, Highway Safety Division.

Attachments

Resolution adopted

 
 

9.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.19

LICENSE COMMISSION
 

9.20

LAW DEPARTMENT
A.

Transmitting Informational Communication Relative to City Council's Legal Rights and Limitations in Executive Session Involving Litigation and Personnel Matters.

Attachments

Placed on file

 
 

9.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.24

DIVISION OF PUBLIC HEALTH
A.

Transmitting Informational Communication Relative to a $50,000 Grant from The Health Foundation of Central Massachusetts for Regionalization of Public Health Services.

Attachments

Referred to Public Health and Human Services Committee

 
 

9.25

DIVISION OF ELDER AFFAIRS
A.

Recommend Adoption of a Resolution to Accept with Gratitude Future Donations from the Friends of Worcester's Senior Center, Inc.

Attachments

Resolution adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of Fifty Dollars and No Cents ($50.00) from the Greater Worcester Alzheimer's Partnership to the Worcester Senior Center.

Attachments

Resolution adopted with gratitude

 
 

9.26

WORCESTER PUBLIC LIBRARY
 

9.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Transmitting Informational Communication Relative to the 2010 Eleanor T. Hawley Awards for Outstanding Contributions in the Field of Human Rights.

Attachments

Mayor O'Brien invited City Manager to comment on the outstanding contributions made by the two recipients of this award, Hilda Ramirez who was present and Father Madden who could not be present. Placed on file

 
 

9.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.29

PUBLIC SCHOOL DEPARTMENT
 

9.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

9.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

9.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7841I, Park Improvements, and be appropriated to Parks Account #72C70221, Aquatic Demolition, to fund anticipated design expenses.

Attachments

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

 
B.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Account #91C7800A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #50C702, Schools Capital Equipment, to fund the purchase of various school equipment.

Attachments

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

 
C.

Recommend that Five Thousand Ten Dollars And No Cents ($5,010.00) be transferred from Loan Account #91C7110A, Citywide Building Rehabilitation, and appropriated, when and as received, 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 11 Yeas and 0 Nays

 
D.

Recommend that Three Hundred Eighty Five Thousand Dollars And No Cents ($385,000.00) be transferred from Loan Account #91C7450G, 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 11 Yeas and 0 Nays

 
E.

Recommend that Seventy One Thousand Six Hundred Forty Dollars And Fifty Cents ($71,640.50) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated, when and as received, to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of various equipment.

Attachments

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

 
F.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C7840B, Park Improvements, and be appropriated to Parks Account #72C70215, Bailey-Prouty, to allow for contractually obligated payments.

Attachments

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

 
G.

Recommend that Ninety Six Thousand Eight Hundred Ninety Nine Dollars And No Cents ($96,899.00) be transferred from Loan Account #91C7801A, Capital Equipment, and be appropriated when and as received to DPW Account #41C703, Capital Equipment to allow for the purchase and future payment of these vehicles.

Attachments

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

 
H.

Recommend that Four Hundred Ninety Four Thousand Dollars And No Cents ($494,000.00) be transferred from various Loan Accounts and be appropriated to Parks Account #72C70201, Aquatic Facilities, to fund contractually obligated payments.

Attachments

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

 
I.

Recommend that Six Thousand Six Hundred Forty Four Dollars And No Cents ($6,644.00) be transferred from Account #47C706, Airport Infrastructure and Twenty Seven Thousand Three Hundred and Eighty Three Dollars and No Cents ($27,383.00) be transferred from Account #47C701, Airport Capital Equipment and be appropriated to Account #11C702, City Messenger Rehabilitation, to fund rehabilitation projects in City Hall.

Attachments

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

 
 

9.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Hundred Sixty Three Thousand Seven Hundred Forty Nine Dollars And Thirty Seven Cents ($163,749.37) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to fund costs associated with the issue of the Bond Anticipated Notes dated November 1, 2010.

Attachments

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

 
B.

Recommend that Ten Thousand One Hundred Sixty One Dollars And No Cents ($10,161.00) be transferred from Account #330-08, Reserve for Appropriation on Loans, and be appropriated to Account #660-92000, Treasury Ordinary Maintenance, to fund costs associated with the issue of the Bond Anticipated Notes dated November 5, 2010.

Attachments

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

 
 

9.37

FINANCE ITEMS
Prior Year
A.

Recommend that Eight Hundred Sixty Two Dollars And Fifty Cents ($862.50) be reappropriated in Account #410501-92000, DPW Equipment Maintenance, to provide funds to pay prior year invoices.

Attachments

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

 
 

9.38

FINANCE
Loan Orders
 

9.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Recommend Adoption of Attached Order to Authorize Acquisition by Deed of Property Located at 2 Coppage Drive for Purpose of Establishing a Regional Emergency Communications Center.

Attachments

Order adopted Councilor Lukes moved to suspend the rules to allow reconsideration - Approved on a roll call vote of 11 Yeas and 0 Nays. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 
B.

Transmitting Informational Communication Relative to the Tenth Annual Caffrey Memorial Award.

Attachments

Placed on file

 
C.

Recommend Adoption of a Resolution to File and Accept Funds from the Commonwealth's Interagency Council on Housing and Homelessness.

Attachments

Resolution adopted

 
D.

Transmitting Informational Communication Relative to the City's Three Year Plan to End Homelessness.

Attachments

Referred to Public Safety Committee

 
E.

Transmitting Informational Communication Relative to the Identification and Inspection of the City's Vacant Buildings.

Attachments

Referred to Public Safety Committee

 
10.

COMMUNICATION

10a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau transmitting report "Teachers' Compensation Package + Worcester's Finances = Do They Add Up?".

Attachments

Referred to Education Committee

 

11.

REPORTS OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Mohamed Zawahreh et al request construction of sewers for 2, 8 and 9 Winnipeg St. and 117 Millbury St.

Attachments

Referred to Public Works Committee

 

11b.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Frederick C. Rushton request sewers be installed in Wendover Rd.

Attachments

Referred to Public Works Committee

 

11c.

REPORT OF THE PLANNING BOARD Upon the Petition of Councilor Frederick C. Rushton request Wendover Rd. be converted to a public street.

Attachments

Referred to Public Works Committee

 

12.

TO BE ORDAINED

12a.

Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Putnam Lane Area.

Attachments

Councilor Clancy moved to table the item under privilege. Tabled Under Privilege - Clancy

 

12b.

Amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Atlanta/Plantation Streets Area.

Attachments

Councilor Clancy moved to table the item under privilege. Tabled Under Privilege - Clancy

 

13.

TABLED ITEMS

13a.

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

Attachments

No Action Taken

 

13b.

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

 

13c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of State Representative John Fresolo on behalf of Lou Cozzolino request to have stop signs installed on Commonwealth Ave. at the corners of Jennings St. and Enid St: recommend Petition be placed on file. (Tabled Clancy - November 23, 2010)

Attachments

No Action Taken

 

14.

NEW BUSINESS UNDER SUSPENSION OF RULES

14a.

Councilor Rushton, Chairman of the Economic Development Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommending adoption of the attached resolutions to file an Application to Designate 50 Prescott Street as a Site Specific Economic Opportunity Area and a Certified Project. # 9.4A CM November 30, 2010

Attachments

Accepted & two Resolutions Adopted on a roll call vote of 11 Yeas and 0 Nays

 

14b.

Motion Eddy @ #9.4A & 9.4B CM - Request City Manager contact the owners of the Mill Street supermarket property and request their intentions for future re-use of the site.

Attachments

Order adopted

 

14c.

Motion Lukes @ #9.4A & 9.4B CM - Request City Manager report to City Council the city's entire cost for the rehabilitation of the Hadley building and the total private funds utilized.

Attachments

Order adopted

 

14d.

Motion Palmieri @ #9.4A & 9.4B CM - Request City Manager report to City Council the assessed values of Wyman Gordon properties and whether or not Propert Review Team thresholds are met.

Mayor O'Brien moved to amend: Further, Request City Manager request the City Solicitor provide an opinion as to whether or not there are any mechanisms the city could use to place additional assessments on properties that are vacant or under utilized to generate revenues.

Attachments

Order adopted

 

14e.

Motion Toomey @ #9.4A & 9.4B CM - Request City Manager report to City Council the number of Worcester residents employed and retained long-term at the Worcester Wal-Mart store.

Attachments

Order adopted

 

14f.

Motion Toomey @ #9.4A & 9.4B CM - Request City Manager report the number of hotel rooms utilized within and outside the city and report whether or not there is a sufficient number of hotel rooms.

Councilor Germain moved to amend: Further, request the City Manager include in the report as to whether the recent reduction in the number of hotel rooms in the city might negatively impact the city's ability to attract events.

Attachments

Order adopted

 

14g.

Motion Smith @ #9.4A & 9.4B CM - Request City Manager update City Council relative to Gateway Cities legislation. Further, Request City Manager inform City Council of any additional tools, incentives and legislation that might be made available for existing business and future development incentives.

Attachments

Order adopted

 

14h.

Motion Clancy @ #12a & 12b CC - Request City Manager provide City Council with a written report as to when the Grafton St. driveway at the former Shaw's property will be closed, what materials will be used to close off the driveway, and the proposed uses of the traffic signal.

Attachments

Order adopted

 

14i.

Motion Clancy @ #12a & 12b CC - Request City Manager report to City Council as to when the roadway will be built to accommodate the manufacturing business in the Norfolk and Suffolk Streets area.

Attachments

Order adopted

 

14j.

Motion Smith @ #8h CC - Request City Manager contact Verizon and request the report previously requested concerning the lack of cell phone service in the Salisbury St. area of the city.

Councilor Toomey moved to amend: Further, request this report address the dead zones in other areas of the city.

Attachments

Order adopted

 

14k.

Motion Toomey @ #9.4C CM - Request City Manager consider moving the Salisbury Mansion, the former Red Cross Building and the Erskine building, to the front 40 Highland St. and move the parking lot to the rear. Further, request City Manager contact the Congressman's office to identify grants and historic preservation funds that could be used to fund the moving of these buildings.

Attachments

Order adopted

 

14l.

Motion Clancy @ #9.4F CM - Request City Manager report to City Council relative to for whom Foch Ave. was named, if anyone.

Attachments

Order adopted

 

14m.

Motion Petty @ #9.11A CM - Request City Manager report to City Council what has not been completed within the present contract with Charter Communications.

Attachments

Order adopted

 

14n.

Motion Clancy @ #9.11A CM - Request City Manager provide City Council with the recent Consumer Reports article relative to cable television providers.

Attachments

Order adopted

 

14o.

Motion Petty @ #9.11A CM - Request City Manager provide City Council with Charter Communications quarterly service report.

Attachments

Order adopted

 

14p.

Motion Petty @ #9.11A CM - Request City Manager provide City Council with a map showing the streets that have conduits with fiber.

Attachments

Order adopted

 

14q.

RESOLUTION - Mayor O'Brien on behalf the entire City Council presented the following resolution: That the City Council of the City of Worcester goes on official record to hereby extend its sincere gratitude to the Faculty and Students of the Worcester Technical School and the Donors for the their efforts and dedication to make our City sparkle this and future Holiday Seasons.

Attachments

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

 

14r.

Motion Rushton - Suspension of Rules - Request City Manager and the Superintendent of Schools report to City Council of possible alternatives for securing funding for the future of Doherty Memorial High School.

Attachments

Order adopted

 

14s.

PETITION - Councilor William J. Eddy on behalf of James Lennon request construction of sidewalks from where they end in Havelock Rd. to the corner of Colonial Rd.

Attachments

Referred to Public Works Committee