CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 21, 2010

Esther Howland Chamber

Convened: 7:09 P.M.

Adjourned: 10:35 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 December 7, 2010.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS - TAX CLASSIFICATION HEARING

5a.

To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2011.

Attachments

Taken up with calendar items #9.30C , 9.30D, 9.31A, 9.36A & 9.36B The Mayor opened the Tax Classification Hearing @ 7:15 p.m. Speakers: 1. George Valeri, Worcester resident 2. Gary Vecchio, Worcester resident 3. William Breault, Worcester resident 4. Edith Morgan, Worcester resident 5. Michael Lanava, Worcester resident 6. Bradford Wyatt, Boylston resident 7. Roberta Schaeffer, Worcester resident, (submitted documents - see attachment) 8. Phil Lemos, Worcester resident 9. John Giangregorio, Boston resident 10. Jim Jersey, Sterling resident 11. Leonard Ciuffredo, Worcester resident 12. Beth Proko, Worcester resident 13. Steven Buchalter, Worcester resident 14. Carl Gentile, Worcester resident 15. John Carnegie, Worcester resident 16. John Reed, Worcester resident 17. Jo Hart, Worcester resident The Mayor closed the hearing and heard Councilor input. Councilor Rushton moved to recommend for consideration Line 258 - That the tax rate for Fiscal Year 2011 be set at $16.06 for Residential property tax and $34.65 for Commercial, Industrial and Personal property. Councilor Haller moved to recommend for consideration Line 270 - That the tax rate for Fiscal Year 2011 be set at $15.91 for Residential property tax and $35.19 for Commercial, Industrial and Personal property. Mayor O'Brien took up the motions from the highest residential tax rate to the lowest on a roll call: Councilor Rushton's motion Adopted on a roll call vote of 6 Yeas (Eddy, Germain, Petty, Rushton, Toomey, O'Brien) and 5 Nays (Clancy, Haller, Lukes, Palmieri, Smith) (see item #16e CC ) Councilor Haller's motion - Not Put Mayor O'Brien moved to suspend the rules to allow reconsideration of the Tax Rate - Approved on a roll call vote of 11 Yeas (Clancy, Eddy, Germain, Haller, Lukes, Palmieri, Petty, Rushton, Smith, Toomey, O'Brien) and 0 Nays. Reconsideration of the Tax Rate denied on a roll call vote of 4 Yeas (Clancy, Lukes, Palmieri, Smith) and 7 Nays (Eddy, Germain, Haller, Petty, Rushton, Toomey, O'Brien)

 

6.

ITEMS OF CITIZEN INTEREST

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Steven Donaghy, Director of Facilities at Abby Kelley Foster Charter Public School, request "School Zone" signs be installed on the east and westbound sides of New Bond St.

Attachments

Referred to Traffic and Parking Committee

 

8b.

Rabbi Matthew Berger request installation of neon green crosswalk signs and signs that state that is a state law to stop for pedestrians at the two crosswalks on Chandler St. in front of Temple Emanuel.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Matthew Dupuis request to install handicap parking space in front of 7 Clarkson St.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Information Communication Relative to the Appointment of Constables for Calendar Year 2011.

Attachments

Placed on file

 
 

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 Additional Requirements for Tax Increment Financing (TIF) Applications and Public Notification of these Applications.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Additional Communication Relative to CSX Corporation.

Attachments

Referred 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
A.

Recommend Adoption of a Resolution to File and Accept a FY2011 Incentive Award in the Amount of Twenty Thousand Dollars ($20,000) from the State Division of Career Services (DCS) to the Central Massachusetts Workforce Investment Board.

Attachments

Resolution adopted

 
 

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
 

9.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.14

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 November 2010.

Attachments

Referred to Public Works Committee

 
B.

Recommend Adoption of an Order for a Deed of Easement to the Worcester Business Development Corporation.

Attachments

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

 
 

9.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.16

FIRE DEPARTMENT
A.

Recommend that City Council Accept with Gratitude a Donation of Two Hundred Dollars And No Cents ($200.00) to the Worcester Fire Department from Rocky's Ace Hardware.

Attachments

Order adopted with gratitude

 
 

9.17

POLICE DEPARTMENT
 

9.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.19

LICENSE COMMISSION
 

9.20

LAW DEPARTMENT
 

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
 

9.25

DIVISION OF ELDER AFFAIRS
 

9.26

WORCESTER PUBLIC LIBRARY
 

9.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

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
A.

Transmitting Informational Communication Relative to Residential Exemptions.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting Informational Communication Relative to the Taxation of Multi-Unit Rental Properties.

Attachments

Councilor Haller moved to recommit Recommitted to City Manager

 
C.

Tax Classification - Recommend Adoption of the Attached Orders for the Establishment of the Elderly Abatement Program, the Double Elderly Abatement, and for Additional Abatement of Taxes for Fiscal Year 2011.

Attachments

Item taken up prior to setting the tax rate - Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor O'Brien moved to suspend the rules to allow for 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.

 
D.

Transmitting Informational Communication Relative to the Calculations to be Used for the December 21, 2010 Tax Classification Hearing.

Attachments

Placed on file

 
 

9.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Tax Classification - Recommend Adoption of the Attached Order to Use Revolving Fund Accounts in Fiscal Year 2011.

Attachments

Item taken up prior to setting the tax rate - Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor O'Brien moved to suspend the rules to allow for 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.

 
 

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 Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C7111D, Citywide Building Rehabilitation, and be appropriated to Account #27C702, Communications Building Rehabilitation, to fund the purchase of 2 Coppage Drive.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Councilor Clancy moved for to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Palmieri absent)

 
B.

Recommend that Twenty Nine Thousand One Hundred Ninety Dollars And No Cents ($29,190.00) 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 a wood chopper.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Councilor Clancy moved for to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Palmieri absent)

 
C.

Recommend that Twenty One Thousand One Hundred Sixty Two Dollars And No Cents ($21,162.00) 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 a vehicle.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Councilor Clancy moved for to suspend the rules to allow reconsideration - Approved on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Palmieri absent)

 
 

9.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Hundred Fifteen Thousand Dollars And No Cents ($115,000.00) be transferred from Account # 330-54, Greenwood Street Landfill, and be appropriated to Account # 04S505, Quinsigamond Village Economic Development, to fund four approved projects under the Storefront & Facade Improvement Grant Program and one project under the Small Business Deferred Loan Program in Quinsigamond Village.

Attachments

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

 
B.

Tax Classification - Request Adoption of Orders to Make Adjustments to the Fiscal Year 2010 Budget in Advance of the Certification of the Department of Revenue.

Attachments

Item taken up prior to setting the tax rate - Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor O'Brien moved to suspend the rules to allow for 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.

 
C.

Tax Classification - Recommend that Five Hundred Twenty Three Thousand Three Hundred Thirty Three Dollars And No Cents ($523,333.00) of Certified Free Cash be appropriated specifically to reduce the Fiscal Year 2011 Tax Rate.

Attachments

Item taken up prior to setting the tax rate - Order adopted on a roll call vote of 11 Yeas and 0 Nays Mayor O'Brien moved to suspend the rules to allow for 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.

 
 

9.37

FINANCE ITEMS
Prior Year
 

9.38

FINANCE
Loan Orders
 

9.39

MISCELLANEOUS AGENDA TRANSMITTALS
10.

COMMUNICATIONS OF THE CITY AUDITOR

10a.

Transmitting Auditor's Report for November 2010.

Attachments

Referred to Finance Committee

 

10b.

Transmitting the city's Comprehensive Annual Financial Report (CAFR) for the Fiscal year ended June 30, 2010.

Attachments

Referred to Finance Committee

 

10c.

Transmitting the audited financial statements of the DCU Center, Arena Component and Convention Center Component, for the fiscal year ended June 30, 2010.

Attachments

Referred to Finance Committee

 

11.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

11a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board upon the Petition of Attorney Robert Longdon on behalf of 222 June St. LLC and Botany Bay Properties, LLC request to change the zoning district classification of 222 June St. and 55 Botany Bay from RS-7 to RL-7: recommend passage of the accompanying proposed Ordinance.

Attachments

Councilor Rushton moved to request to be recused. Mayor O'Brien moved to suspend the rules to consider recusal - Approved on a roll call vote of 9 Yeas and 0 Nays. (Palmieri absent) Councilor Rushton was recused on a roll call vote of 9 Yeas and 0 Nays (Palmieri absent) Mayor O'Brien recognized Attorney Longden who answered questions posed by the City Council. Voted to advertised Proposed Ordinance on a voice vote

 

12.

REPORTS OF THE PLANNING BOARD

12a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager transmitting a petition of the Planning Board regarding the Sign Overlay District.

Attachments

Referred to Economic Development Committee

 

12b.

REPORT OF THE PLANNING BOARD Upon the Report of the Economic Development Committee Upon the Communication of the City Manager recommending City Council's review, deliberation and adoption of the Proposed Sign Ordinance Amendment.

Attachments

Referred to Economic Development Committee

 

13.

REPORT OF THE COMMITTEE ON PUBLIC WORKS

13a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition Mayor Joseph C. O'Brien on behalf of Flo Lucci request a sidewalk be installed on Burncoat St., behind Quinsigamond College, between Arden Rd. and Croyden Rd: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

14.

TABLED UNDER PRIVILEGE

14a.

Proposed Ordinance amending Section 2 Article III of the Worcester Zoning Ordinance adopted April 2, 1991, relative to a zone change in the Putnam Lane Area. (Tabled - Clancy December 14, 2010)

Attachments

Taken off the Table and Ordained on a roll call vote of 11 Yeas and 0 Nays Under Suspension of Rules Mayor O'Brien moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

14b.

Proposed Ordinance 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. (Tabled - Clancy December 14, 2010)

Attachments

Taken off the Table and Ordained on a roll call vote of 11 Yeas and 0 Nays Under Suspension of Rules Mayor O'Brien moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

14c.

Communication of the City Manager transmitting informational communication relative to Additional Requirements and Public Notification for Future Tax Increment Financing Plan Applications. (Tabled - O'Brien December 14, 2010)

Attachments

Taken off the Table and Placed on File

 

15.

TABLED ITEMS

15a.

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

 

15b.

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

 

15c.

PETITION to Set Hearing for NATIONAL GRID and VERIZON NEW ENGLAND, INC. to install one jointly owned pole and remove one jointly owned pole location: BRANDON ROAD (Tabled - Smith December 14, 2010)

Attachments

No Action Taken

 

15d.

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

Attachments

No Action Taken

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES

16a.

Motion Lukes @ #9.36B CM - Request City Manager provide City Council with a report concerning the status of pending cases, any potential judgments that are forthcoming and current judgments.

Attachments

Order Adopted

 

16b.

Motion Lukes @ #9.36B CM - Request City Manager report to City Council the needs for the Veterans' department for the coming year.

Attachments

Order adopted

 

16c.

Motion Lukes @ #9.36B CM - Request City Manager report to City Council the current hiring policy and whether or not there is a job freeze.

Attachments

Order adopted

 

16d.

Motion Lukes @ #9.36B CM - Request City Council Standing Committee on Municipal Operations develop a policy relative to marriages performed in City Hall.

Attachments

Order adopted

 

16e.

Motion Rushton @ #5a CC - That the tax rate for Fiscal Year 2011 be set at $16.06 for Residential property tax and #34.65 for Commercial, Industrial and Personal property.

Attachments

Order adopted on a roll call vote of 6 Yeas and 5 Nays (Yeas - Eddy, Germain, Petty, Rushton, Toomey, O'Brien) (Nays - Clancy , Haller, Lukes, Palmieri, Smith) Mayor O'Brien 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 4 Yeas (Clancy, Lukes, Palmieri, Smith) and 7 Yeas (Eddy, Germain, Haller, Petty, Rushton, Toomey, O'Brien)

 

16f.

Motion Haller @ #9.30B CM - Request City Manager amend the report relative to the taxation of multi-unit rental properties by adding a 3rd line, residential properties that would be reclassified to commercial, to the Multi Unit Reclassification Scenarios. Further, request the report to include the total number of housing units that would be affected by the proposed changes to property reclassification.

Councilor Petty moved to amend: Further, request this report include the demographics of the residents who live at the proposed reclassified properties.

Attachments

Order adopted

 

16g.

Motion Rushton @ #9.30B CM - Request City Manager provide City Council with a report showing whether or not the moving of properties with 4 units or more, from a residential rate to a commercial rate, would result in a hike in rents for tenants in these affected properties.

Attachments

Order adopted

 

16h.

Motion Eddy and Palmieri @ #9.30B CM - Request City Manager provide City Council with a report relative to the impact on tax classification in FY 2012 if Chapter 59, Sec. 5I, which allows for small business tax exemptions, were implemented.

Attachments

Order adopted

 

16i.

Motion Haller @ #9.30B CM - Request City Manager provide to City Council with a report regarding the impact the reclassification of properties has had on other communities who have adopted this strategy such as have rental units been converted to condos, changes in investment for building housing or a shift in where developments have taken place and any other side effects concerning new construction.

Attachments

Order adopted

 

16j.

Councilor Clancy, Chairman of the Public Works Committee, requested the following Report be submitted for consideration:

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Recommend City Council Approval for Certain Actions Relative to CSX Corporation: recommend Petitions C, D and F be referred to the Planning Board

Attachments

Petitions C, D & F within the communication Referred to Planning Board

 

16k.

Motion Haller @ #9.14A CM - Request City Manager keep City Council informed of the progress concerning efforts to engage the services of the Trial Court Crews and Sheriff's Community Service Crews in keeping Worcester clean.

Attachments

Order adopted

 

16l.

Motion Haller @ #9.14A CM - Request City Manager provide City Council with a report relative to the sweep mentioned in the City Manager's November 2010 KWC Activity Report.

Attachments

Order adopted

 

16m.

Motion Lukes @ #9.10b CC - Request City Manager post the CAFR Report on the city's website so that it would be more user friendly.

Attachments

Order adopted

 

16n.

COMMUNICATION - Michael V. O'Brien, City Manager, transmitting informational communication relative to the City of Worcester's Travel and Reimbursement Policies and Procedures.

Attachments

Councilor Clancy moved to table the item Tabled - Clancy

 

16o.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report relative to the leaf collection process, number of citations given out and any information regarding hot spots that need additional attention.

Attachments

Order adopted

 

16p.

Motion Rushton - Suspension of Rules - Request City Manager provide City Council with the policy for getting sanders out during ice and snow.

Attachments

Order adopted