CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, May 24, 2011 | Esther Howland Chamber | Convened: 6:08 P.M. |
Recessed into Executive Session: 6:09 P.M. Reconvened into Open Session: 7:15 P.M. Recessed into Finance Committee: 7:55 P.M. Reconvened into Open Session: 9:33 P.M. Adjourned: 9:59 P.M. |
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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 | |
2. | STAR SPANGLED BANNER - ALL SAINTS CHURCH CHOIR | |
3. | ROLL CALL - All present execpt Councilors Germain, Petty and Toomey with the Mayor in the Chair. Councilors Germain and Petty joined the Council in Executive Session at 6:24 P.M. | |
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 10, 2011. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 5a. | FROM THE COMMITTEE ON FINANCE - That the City Council of the City of Worcester will recess to Executive Session on May 24, 2011 at 6:00 P.M. to discuss unresolved collective bargaining negotiations. (Clancy)
| Attachments | | | Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Petty, Toomey absent) | | | | | |
6. | RECESS TO FINANCE COMMITTEE - (see Finance Committee Agenda) | |
7. | ITEMS OF CITIZEN INTEREST | |
8. | ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST | |
| | | | | | | | | 9a. | Martha Giard et al request Arbutus Road be repaved. | Attachments | | | Mayor O'Brien suspended the rules to allow the Petitioner to speak; the Petitoner addressed City Council concerning this request as well as #9b & 9c.
Referred to Public Works Committee | | | | | |
| | | | | | | | | 9b. | Martha Giard et al request sidewalks be repaired and repaved where any trees have been removed on Arbutus Rd. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 9c. | Martha Giard et al request curbing be realigned where roots of former maple trees protruded.
| Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 9d. | Felicio Lama, Owner of Northeast Properties request crosswalk at the corner of West and William St. be restriped. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 9e. | Thomas Dubois request two handicap parking signs in front of 150 Coolidge Rd. be removed. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 9f. | Virginia Ryan et al request Worcester City Council pass a resolution in support of Governor Deval Patrick's proposed legislative changes to the state's health care payment system. In accordance with this legislation, the Worcester City Council could establish a Public Employee Committee to include retirees in negotiations on health insurance or show just cause why this cannot be done. | Attachments | | | Mayor O'Brien suspended the rules to allow the Petitioner to speak; the Petitoner addressed City Council concerning this request.
Referred to Rules and Legislative Affairs Committee | | | | | |
10. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 10.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | | | A. | Transmitting Informational Communication Relative to the Appointment of Lamont Slater to the Historical Commission. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | B. | Transmitting Informational Communication Relative to the Appointment of Carolyn Grenier to the Commission on Elder Affairs. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | C. | Transmitting Informational Communication Relative to the Appointment of Ronald P. Richard to the Off-Street Parking Board. | Attachments | | | | Placed on file | | | | | | |
| | | | | 10.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | 10.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | 10.4 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Economic Development Division | |
| | | | | | | A. | Recommend Adoption of an Order to Execute a Deed Conveying All Right, Title, and Interest of Real Property Located at 152 Goddard Memorial Drive. | Attachments | | | | Order adopted | | | | | | |
| | | | | 10.5 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Neighborhoods and Housing Development Division | |
| | | | | | | A. | Transmitting Informational Communication Relative to the HOME Affordable Housing Development Program. | Attachments | | | | Referred to Economic Development Committee | | | | | | |
| | | | | | | B. | Recommend Adoption of an Order to Transfer Tax Title Property Located at 8 Chandler Street to 4A & S Realty. | Attachments | | | | Order adopted on a roll call vote of 10 Yeas and 0 Nays (Toomey absent) | | | | | | |
| | | | | | | C. | Recommend Adoption of an Order to Transfer Tax Title Property Located at 9 Oread Place for the Purpose of Creating a Community Gardening Pilot Project. | Attachments | | | | Mayor O'Brien moved to be recused - Approved on a roll call vote of 9 Yeas and 0 Nays (Toomey absent)
Order adopted on a roll call vote of 9 Yeas and 0 Nays (Toomey absent) | | | | | | |
| | | | | 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 Department of Elementary and Secondary Education.
| Attachments | | | | Four (4) Resolutions adopted | | | | | | |
| | | | | 10.8 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Central Massachusetts Regional Employment Board
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| | | | | 10.9 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Youth Opportunities Division
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| | | | | 10.10 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT Worcester Regional Airport Commission Division
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| | | | | 10.11 | OFFICE OF ECONOMIC AND NEIGHBORHOOD DEVELOPMENT
Cable Services Division | |
| | | | | 10.12 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | 10.13 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | | | A. | Transmitting Informational Communication Relative to an Update on the Upper Blackstone Permit Appeal.
| Attachments | | | | Referred to Public Works Committee | | | | | | |
| | | | | 10.14 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | | | A. | Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of March 2011. | Attachments | | | | Referred to Public Works Committee | | | | | | |
| | | | | 10.15 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | 10.18 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | | | A. | Recommend Adoption of a Resolution to File and Accept a FY 2012 Regional Public Safety Answering Point Development Grant. | Attachments | | | | Resolution adopted | | | | | | |
| | | | | 10.21 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 10.22 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 10.23 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 10.24 | DIVISION OF PUBLIC HEALTH | |
| | | | | 10.25 | DIVISION OF ELDER AFFAIRS | |
| | | | | | | A. | Recommend Adoption of a Resolution to Accept a Donation in the Amount of Five Hundred Dollars and No Cents ($500) from Hebrew SeniorLife to Support the "Healthy Eating for Successful Living in Older Adults" Program at the Worcester Senior Center. | Attachments | | | | Resolution adopted | | | | | | |
| | | | | 10.26 | WORCESTER PUBLIC LIBRARY | |
| | | | | 10.27 | EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division | |
| | | | | 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. | Recommend Adoption of an Order for the Issuance of Refunding Bonds. | Attachments | | | | Voted to advertised proposed Loan Order | | | | | | |
| | | | | 10.35 | FINANCE ITEMS
Capital Transfers | |
| | | | | | | A. | Recommend that Eight Thousand Seven Hundred Dollars And No Cents ($8,700.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #11C702, City Hall Rehabilitation, to provide funding for various work in City Hall.
| Attachments | | | | Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent) | | | | | | |
| | | | | 10.36 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | A. | Recommend that Five Thousand Dollars And No Cents ($5,000.00) be transferred from Account #170-91000, Human Resources Personal Services, and be appropriated to Account #170-97000, Human Resources Overtime, to provide funding for additional overtime expenses related to the employee benefit open enrollment period. | Attachments | | | | Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent) | | | | | | |
| | | | | 10.37 | FINANCE ITEMS
Prior Year | |
| | | | | 10.39 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | A. | Recommend Adoption of the Attached Amendments to the Organizational Ordinance for the Executive Office of Economic and Neighborhood Development. | Attachments | | | | Referred to Municipal Operations Committee | | | | | | |
| | | | | | | B. | Transmitting Informational Communication Relative to Adjustments to Departmental Fees and Charges. | Attachments | | | | Referred to Finance Committee | | | | | | |
| | | | | | | C. | Transmitting Informational Communication Relative to Upcoming Memorial Day Activities. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | | | 11a. | FROM THE COMMITTEE ON FINANCE - Request City Manager report to City Council all the base wage increases that have been granted over the past 8 and 10 years to all collective bargaining groups for both the municipal and school side. (Clancy) | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11b. | FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a report concerning ESCOW possibilities at the Main Public Library as well as the Francis Perkins Library, especially for cost savings in the heat and hot water operations. (Toomey) | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11c. | FROM THE COMMITTEE ON FINANCE - Request City Manager request the City Solicitor report to City Council the number of hours an attorney from the Law Department acted as a hearings officer for the Worcester Public Schools and report the projected number of hours for FY2012. (Toomey)
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11d. | FROM THE COMMITTEE ON FINANCE - Request City Manager consider restoring positions within the Law Department through the collection of bond monies as a result of bank foreclosures. (O'Brien)
| Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12a. | Amending Chapter 8 Section 9B of the Revised Ordinances of 2008 relative to the Regulation of Feeding or Baiting of Waterfowl. | Attachments | | | Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent) | | | | | |
| | | | | | | | | 12b. | Amending Section 68 of Chapter 13 of the Revised Ordinances of 2008 to make Coral St. One Way Southerly from Grafton St. to Union Place. | Attachments | | | Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, Toomey, O'Brien absent) | | | | | |
| | | | | | | | | 13a. | 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 | | | | | |
| | | | | | | | | 13b. | 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 | | | No Action Taken | | | | | |
14. | NEW BUSINESS UNDER SUSPENSION OF RULES | |
| | | | | | | | | 14a. | Motion Lukes - Suspension of Rules - That all future TIF projects when brought before City Council to keep all discussions on the floor of the council unless otherwise required by executive session parameters. (Lukes) | Attachments | | | Denied on a roll call vote of 1 Yea and 9 Nays (Yea - Lukes) (Nays - Clancy , Eddy, Germain, Haller, Palmieri, Petty, Rushton, Smith, O'Brien) (Toomey absent) | | | | | |
| | | | | | | | | 14b. | Councilor Rushton, Chairman of the Economic Development Committee, requested the following Reports be submitted for consideration:
REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend Adoption of Attached Resolutions to Designate Parcel L-3 in the CitySquare Development Project a Certified Project and Site Specific Economic Opportunity Area.: recommend adoption of the accompanying two Resolutions | Attachments | | | Accepted and Two Resolutions adopted 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) | | | | | |
| | | | | | | | | 14c. | REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Proposed Certified Project for Vanguard/Saint Vincent Hospital in the CitySquare Development Project: recommend Communication be placed on file. | Attachments | | | Read & Accepted
Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent) | | | | | |
| | | | | | | | | 14d. | COMMUNICATION of Michael V. O'Brien, City Manager, transmitting informational communication relative to the Saint Vincent Hospital Cancer Center Project - City Square.
| Attachments | | | Referred to Planning Board
Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Toomey absent) | | | | | |
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