CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 15, 2011

Esther Howland Chamber

Convened: 7:11 P.M.

Adjourned: 8:02 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 Mayor O'Brien and Councilor Germain and with the Vice-Chair in the Chair.

Note: City Clerk David J. Rushford absent, Assistant City Clerk Susan M. Ledoux acting as clerk

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 February 1, 2011.

Attachments

Order adopted

 

5.

ITEMS OF CITIZEN INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Donald J. O'Neil Esq. on behalf of Rodney Perro request to amend the Zoning classification of 395, 405, and 413 Grafton St and a portion of 375 and 395A (a/k/a 355) Grafton St from RG-5 to BL-1.0.

Attachments

Referred to Planning Board

 

7b.

Kudrethaya and Amritha Raghavendra request abatement of street assessment #24797 in the amount of $14,410.52 on Carpenter Ave.

Attachments

Referred to Public Works Committee

 

7c.

Councilor Joseph M. Petty on behalf of Park Ave Mobil request the driveway aprons in the concrete sidewalks at 185 Park Ave. be reconstructed so as to reduce the arch of the curve and allow safer entrance and egress into and out of the service station.

Attachments

Referred to Public Works Committee

 

7d.

Chris Panagiotidis, Esq., request sidewalk repair in front of 11 Pleasant St.

Attachments

Referred to Public Works Committee

 

7e.

Tyra Walker request to install handicap parking space in front 12 Hillside St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Amjad Bahnass, M.D., request to install two hour parking Monday through Saturday between the hours of 8am and 5pm in front of 198-202 Russell St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Lawrence Mastromatteo request to install "No Parking" on Adams St. from Belmont St. to Johnson St.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Councilor Kathleen M. Toomey on behalf of David and Dasha Perodeau request Derby St. from South Stowell St. to Houghton St. be made one-way in an easterly direction.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appoinment of Constables.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Re-appointment of Airport Security Guards as Special Police Officers for the 2011 Calendar Year.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division
A.

Transmitting Informational Communication Relative to the Announcement of a Thirty Two Thousand Five Hundred Dollars and No Cents ($32,500.00) from Massachusetts Cultural Council Adams Grant to the Worcester Cultural Coalition.

Attachments

Referred to Education Committee

 
B.

Recommend Adoption of an Order to Execute a Deed Conveying All Right, Title, and Interest of Real Property Located at 15 Coppage Drive.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent) Vice-Chair Lukes moved to suspend the rules to reconsider - Approved on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent) Reconsideration denied on a roll call vote of 0 Yeas and 9 Nays (Germain, O'Brien absent)

 
C.

Transmitting Informational Communication Relative to the Worcester Regional Transit Authority's Potential Sites for a New Maintenance and Operations Facility.

Attachments

Referred to Public Service and Transportation Committee

 
D.

Transmitting Informational Communication Relative to the Central Mass Regional Planning Commission's (CMRPC) Worcester Regional Mobility Study and Scheduled Public Meeting to Discuss the Study.

Attachments

Referred to Public Service and Transportation Committee

 
 

8.5

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division
 

8.6

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Planning and Regulatory Services Division
 

8.7

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Workforce Development Operations Division
 

8.8

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
 

8.9

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
 

8.10

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Worcester Regional Airport Commission Division
 

8.11

OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division
 

8.12

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.13

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.14

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Communication Relative to Parking Ordinances on Foster Street.

Attachments

Referred to Traffic and Parking Committee

 
 

8.15

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to Winter Activities Event to be held at Green Hill Park on February 20, 2011.

Attachments

Placed on file

 
 

8.16

FIRE DEPARTMENT
 

8.17

POLICE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a MetLife Foundation and Local Initiatives Support Corporation (LISC) Community Police Partnership Grant.

Attachments

Resolution adopted

 
 

8.18

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.19

LICENSE COMMISSION
 

8.20

LAW DEPARTMENT
 

8.21

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.22

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.23

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.24

DIVISION OF PUBLIC HEALTH
A.

Recommend Adoption of a Resolution to File and Accept a Public Health District Incentive Grant from the Massachusetts Department of Public Health.

Attachments

Resolution adopted

 
B.

Recommend Adoption of a Resolution to File and Accept a Massachusetts Department of Public Health, Board of Health Tobacco, Alcohol and Related Public Health Policy Program Grant.

Attachments

Resolution adopted

 
 

8.25

DIVISION OF ELDER AFFAIRS
 

8.26

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept with Gratitude, a Donation in the Amount of Two Thousand Six Hundred Forty Dollars and No Cents ($2,640.00) from the Worcester Public Library Foundation to the Worcester Public Library.

Attachments

Resolution adopted with gratitude

 
 

8.27

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Recommend Adoption of Order to Authorize Lease of Office Space in City Hall to the Massachusetts Commission Against Discrimination.

Attachments

Order adopted

 
 

8.28

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.29

PUBLIC SCHOOL DEPARTMENT
A.

Transmitting Informational Communication Relative to the Guidelines Used for School Closings or Delays.

Attachments

Placed on file

 
 

8.30

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.31

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

8.32

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.33

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.34

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.35

FINANCE ITEMS
Capital Transfers
A.

Recommend that Sixty One Thousand Six Hundred Dollars And No Cents ($61,600.00) be transferred from Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #26C701, Worcester Fire Department Capital Equipment, to fund the purchase of various capital equipment.

Attachments

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

 
B.

Recommend that One Hundred Thirty Six Thousand Eight Hundred Fifty Dollars And Eighty Five Cents ($136,850.85) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, so as to properly account for this most recent purchase and payment of this snow equipment.

Attachments

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

 
 

8.36

FINANCE ITEMS
Operational Transfers
A.

Recommend that Eight Hundred Three Thousand Nine Hundred Sixty Nine Dollars And Twenty Five Cents ($803,969.25) be transferred to and from various Off-Street Parking accounts so as to provide sufficient funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2011.

Attachments

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

 
 

8.37

FINANCE ITEMS
Prior Year
 

8.38

FINANCE
Loan Orders
 

8.39

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to a Grant from The Health Foundation of Central Massachusetts to Assist in the City's Plan to End Homelessness.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to a Workshop for Local Realtors through the Buy Worcester Now Program.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Young Women of Consequence Award on Wednesday, March 2 at 5:30 P.M. at City Hall.

Attachments

Placed on file

 
D.

Recommend Approval of the Proposed 2011 Calendar for Municipal Elections.

Attachments

Calendar for 2011 Municipal Elections Approved

 
9.

RECESS TO FINANCE COMMITTEE

9a.

#9a CC June 22, 2010
Communication of the City Auditor transmitting Auditor's Report for May 2010.

Attachments

No Action Taken

 

9b.

#4a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for July 2010.

Attachments

No Action Taken

 

9c.

#4b CC September 21, 2010
Communication of the City Auditor transmitting reports on the budgetary basis financial results of operations for the City in fiscal 2010.

Attachments

No Action Taken

 

9d.

#13a CC September 21, 2010
Communication of the City Auditor transmitting Auditor's Report for August 2010.

Attachments

No Action Taken

 

9e.

#11a CC October 12, 2010
Communication of the City Auditor transmitting Auditor's Report for September 2010.

Attachments

No Action Taken

 

9f.

#9.31A CM October 19, 2010
Communication of the City Manager transmitting informational communication on Year-to-Date Revenues, As of August 31, 2010.

Attachments

No Action Taken

 

9g.

#9.34B CM October 19, 2010
Communication of the City Manager transmitting informational communication relative to Universal Changes to the Municipal Rating Scales by the Major Bond Rating Agencies.

Attachments

No Action Taken

 

9h.

#13a CC November 23, 2010
Communication of the City Manager transmitting communication relative to a detailed update relative to Financial Forecasts for next Fiscal Year (FY2012) and projections through 2017, per the Five Point Financial Plan.

Attachments

No Action Taken

 

9i.

#9a CC November 23, 2010
Communication of the City Auditor transmitting communication regarding a letter from the Department of Revenue certifying that "Free Cash" for fiscal 2011.

Attachments

No Action Taken

 

9j.

#9b CC November 23, 2010
Communication of the City Auditor transmitting Auditor's Report for October 2010.

Attachments

No Action Taken

 

9k.

#10a CC December 21, 2010
Communication of the City Auditor transmitting Auditor's Report for November 2010.

Attachments

No Action Taken

 

9l.

#10b CC December 21, 2010
Communication of the City Auditor transmitting the city's Comprehensive Annual Financial Report (CAFR) for the Fiscal year ended June 30, 2010.

Attachments

No Action Taken

 

9m.

#10c CC December 21, 2010
Communication of the City Auditor transmitting the audited financial statements of the DCU Center, Arena Component and Convention Center Component, for the fiscal year ended June 30, 2010.

Attachments

No Action Taken

 

9n.

#17k CC January 4, 2011
Order of Councilor Konstantina B. Lukes -That the City Council hereby requests the City Manager consider eliminating the $40K for traveling from the future budget.

Attachments

No Action Taken

 

9o.

#8.33A CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to the City's Comprehensive Annual Financial Report.

Attachments

No Action Taken

 

9p.

#8.39B CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to Employee Health Care Costs.

Attachments

No Action Taken

 

9q.

#8.39D CM January 25, 2011
Communication of the City Manager transmitting informational communication relative to Governor Deval Patrick's Fiscal Year 2012 Budget of January 21, 2011.

Attachments

No Action Taken

 

9r.

#9a CC January 25, 2011
Communication of the City Auditor transmitting Auditor's Report for December 2010.

Attachments

No Action Taken

 

9s.

#9.31A CM February 1, 2011
Communication of the City Manager transmitting informational communication relative to the Governor's Proposed Budget Recommendation for Fiscal Year 2012.

Attachments

No Action Taken

 

9t.

#9.31C CM February 1, 2011
Communication of the City Manager transmitting informational communication relative to the City's 2nd Quarter Fiscal Update.

Attachments

No Action Taken

 

9u.

#9b CC February 8, 2011
Communication of the City Auditor transmitting Auditor's Report for January 2011.

Attachments

No Action Taken

 

10.

LOAN ORDERS TO BE ADOPTED

10a.

That the sum of One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be Appropriated to Account #91C7351B, Sewer Building Rehabilitation, to Fund the Construction and Rehabilitation of the Off-Season Storage Facility at the Millbury Street Storage Facility.

Attachments

Loan Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent)

 

10b.

That the sum of One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be Appropriated to Account #91C7321A, Water Building Rehabilitation, to fund the Construction and Rehabilitation of the Off-Season Storage Facilty at the Millbury Street Storage Facility.

Attachments

Loan Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent)

 

10c.

That the Loan Order adopted on July 8, 2008 which authorized the borrowing of Four Million Seven Hundred Fifteen Thousand Dollars and No Cents ($4,715,000.00) for Citywide Building Rehabilitation, is hereby amended in its entirety to read as follows: That the sum of Four Million Four Hundred Sixty Five Thousand and No Cents be appropriated to Account #91C711, Citywide Building Rehabilitation, for the purpose of making improvements to Citywide Buildings.

Attachments

Loan Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent)

 

11.

TABLED ITEMS

11a.

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

Attachments

No Action Taken

 

11b.

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

 

12.

NEW BUSINESS UNDER SUSPENSION OF THE RULES

12a.

Motion Petty @ #8.4C CM - Request City Manager provide City Council with a report detailing any other potential sites that the WRTA may be negotiating directly with, such as Union Station, to be considered for the new Maintenance and Operations Facility.

Attachments

Order adopted

 

12b.

Motion Clancy @ #8.4C CM - Request City Manager provide City Council with a report that explores the possibility of planning a new central city garage in cooperation with the WRTA's proposed Maintenance and Operations facility, taking into account any provisions in the $39 million federal grant which would preclude such discussions with the City.

Attachments

Order adopted

 

12c.

Motion Clancy @ #8.4D CM - Request the City Manager provide a hard copy of the entire CMRPC “Worcester Regional Mobility Study” to the City Council for review.

Attachments

Order adopted

 

12d.

Motion Petty @ #8.4D CM - Request the City Clerk provide copies of CMRPC's “Worcester Regional Mobility Study” to members of the standing committee of Public Service and Transportation and have one hardcopy available in the City Council office.

Attachments

Order adopted

 

12e.

Motion Lukes @ #8.14D CM - Request City Manager request Commissioner of Public Works and Parks provide diagrams showing the area within the Foster Street Improvement Project that would be affected by the proposed ordinance change.

Attachments

Order adopted

 

12f.

Motion Rushton @ #8.24 A&B CM - Request the City Manager provide the City Council with a report detailing the four areas of fee-for-service collaboration and regionalization efforts that are currently under way.

Attachments

Order adopted

 

12g.

Motion Palmieri - Suspension of Rules - Request the City Manager request the City Solicitor to draft an ordinance that would amend the Revised Ordinances of the City of Worcester to disallow the feeding of seagulls within the city limits. These birds have been determined to be significant carriers of bacteria from the areas in which they forage such as the city of Worcester and deposit their droppings into the Quabbin Reservoir and other drinking water sources, causing potential harm to the general populace.

Attachments

Order adopted

 

12h.

Motion Haller - Suspension of Rules - Request the City Manager and the City Clerk work together to establish a voluntary fund to support Adoption and Spay/Neuter Programs in the city. The program would be administered by the City Managers Office and/or Clerks Office and would allocate funds that would be generated from a voluntary check off on City Dog License Forms.

Attachments

Order adopted

 

12i.

Motion Clancy - Suspension of Rules - Request City Manager direct DPW to clear snow from Providence St so that both lanes can be used from Vernon Hill Park to Vernon Hill school and the portion adjacent to the Worcester Academy Field.

Attachments

Order adopted

 

12j.

Motion Clancy - Suspension of Rules - Request City Manager provide City Council with a report detailing the pros and cons of adopting section 19.

Attachments

Order adopted

 

12k.

Motion Clancy - Suspension of Rules - Request City Manager incorporate MTA's section 18 opinion in future reports.

Attachments

Order adopted

 

12l.

Motion Petty - Suspension of Rules - Request City Manager to provide City Council a report that presents a plan as to how streets will be selected to be serviced by the new snow removal equipment, and how the business community will be included in the plan.

Attachments

Order adopted

 

12m.

Motion Petty - Suspension of Rules - Request City Manager to provide City Council with a report as to how businesses and surrounding communities will be notified of the closing of the James Street bridge and of alternative routes to prevent residential neighborhoods from being used as a cut-through during the closure.

Attachments

Order adopted

 

12n.

Motion Smith - Suspension of Rules - Request City Manager provide City Council with a report elaborating what is being done to address the ongoing problems at the Union Station Parking Garage.

Attachments

Order adopted