CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 14, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:59 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 31, 2012

David Wiggins request abatement for street assessment #25000 in the amount of $17,308.02 for Julien Avenue.

Tyra Walker request to remove handicap parking space in front of 11 Hillside St.

Boris Sapozhnikov, Manager of Allied Rehabilitation Center, request to install two (2) handicap parking spaces in front of 65 Milton St.

William McArthur and Lisa Kniskern request "No Parking in front of 25 & 27 Kendall St. be changed to Resident Permit Parking.

Debra Braga et al request installation of a crosswalk and flashing light at the corner of Grove St. and Glennie St.

Dorothy Perry of Belmont Street Baptist Church request to install a directional sign in the left side of Kendall St.

Councilor George J. Russell on behalf of Sean Dacey request installation of Stop Sign facing northbound traffic in Puritan Avenue at the intersection with Hamilton St.

Councilor George J. Russell on behalf of Sean Dacey request to install a traffic signal or blinking traffic light and traffic island at the intersection of Hamilton St. and Puritan Avenue in the interest of public safety.

Transmitting Informational Communication Relative to the Appointments of Thomas Cullinane, Theresa Eckstrom and Ursula Hanus to the Elder Affairs Commission.

Transmitting Informational Communication Relative to the Appointment of Jake Messier to the Trust Funds Commission.

Transmitting Informational Communication Relative to the Appointment of William Nay to the Cable Television Advisory Committee.

Tranmitting Informational Communication Relative to the Appointment of Michael Larkin to the Community Development Advisory Committee.

Transmitting Informational Communication Relative to the Appointment of Pauline Piso to the Commission on Disabilities.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation in the Amount of One Hundred Fifty Dollars And No Cents ($150.00) from United HealthCare Services, Inc. and a Donation of Eighty Dollars and No Cents ($80.00) from Group Benefit Strategies.

Recommend Adoption of a Salary Ordinance Amendment that will bring the Ordinance into Compliance with the Changes Enacted in the Fiscal Year 2012 Budget Relative to the City's Division of Public Health.

Transmitting Informational Communication Relative to the Nomination of Mr. Philip Guerin as a "Champion of Change" by the United States Environmental Protection Agency.

Transmitting Informational Communication Relative to the Proposed Route 20 Infrastructure Plan, Including Viability, Timetable and Cost.

Recommend Adoption of an Order to Complete a Transfer of Two Parcels of City-owned Land to the Massachusetts Department of Transportation (DOT) and to Accept Two Parcels of DOT-owned Land in a Reciprocal Transfer so as to Proceed with Construction on the Blackstone Village Bike Path.

Recommend Adoption of a Resolution to File and Accept a FY11 Staffing for Adequate Fire and Emergency Response (SAFER) Grant.

Transmitting Informational Communication Relative to the Worcester Fire Department's Response Times in the Union Hill Area.

Transmitting Informational Communication Relative to Youth Violence Prevention Programs and Initiatives.

Transmitting Informational Communication Relative to the Operations of the WPD Police Vehicle Garage.

Transmitting Informational Communication Relative to Staffing Levels in the Worcester Police Department (WPD).

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Hiring Practices Associated with the CitySquare Project.

Transmitting Informational Communication Relative to Neighborhood Sweeps in the Areas of Vernon Hill, Union Hill and 701 Main Street.

Transmitting Informational Communication Relative to Frequently Asked Questions of the Assessing Division.

Transmitting Informational Communication Relative to the City's Report to the Public Employees Retirement Administration Regarding the Early Retirement Incentive of Fiscal 2011.

Transmitting Informational Communication Relative to the DCU Special District Improvement Funds.

Transmitting Informational Communication Relative to a Report from the City Treasurer as to whether Oversight of School Activity Funds is within the Capacity of the Treasurer's Office.

Recommend that Three Hundred Ten Thousand Dollars And No Cents ($310,000.00) be transferred from Loan Account #91C7132A, Water Filtration, and be appropriated to DPW Account #45C768, Water Filtration Plant to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Eight Hundred Fifty Thousand Dollars And No Cents ($850,000.00) be transferred from Loan Account #91C7391B, Trunk Sewers / Interceptors, and be appropriated to DPW Account #44C750, Lateral Sewers to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C780, Capital Equipment, and be appropriated when and as received to DPW Account #41C703, Capital Equipment to allow for the purchase and future payment of this much needed traffic signal equipment.

Recommend that Forty Nine Thousand Nine Hundred Ninety Four Dollars And No Cents ($49,994.00) be transferred from Loan Account #91C7802A, Capital Equipment, and be appropriated when and as received to DPW Account #41C703, Capital Equipment to allow for the purchase and future payment for this equipment.

Recommend that Six Thousand Six Hundred Twenty Eight Dollars And No Cents ($6,628.00) 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 this equipment per the cash flow procedure.

Recommend that Twenty Three Thousand Seven Hundred Thirty Dollars And No Cents ($23,730.00) be transferred from Loan Account #91C7312A, 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 this vehicle per the cash flow procedure.

Recommend that Thirty Eight Thousand Five Hundred Twenty Dollars And No Cents ($38,520.00) be transferred from Loan Account # 91C784, Park Improvements, and be appropriated to Parks Account # 72C709, Rockwood Field.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7452G, Sewer Stormwater Mgt., and be appropriated to DPW Account #44C732, Sewer System Control Plan to allow for the payment of current and future obligations per the cash flow procedure.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 900-92000, City Manager's Contingency, and appropriated to Account # 340-92000 , Elder Affairs Ordinary Maintenance for the purpose of remediating damage caused by a sprinkler system malfunction in the vacant portion of the Worcestser Senior Center building.

Transmitting Informational Communication Relative to the Timeline for the Design, Construction and Occupancy of the Permanent Triage and Assessment Center.

Transmitting Informational Communication Relative to the Online Permit Center.

Recommend Adoption of a Resolution to Accept with Gratitude the Donation of an Antique Oak Desk from Mr. Morris Bergman.

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request Consigli Construction Company to report to the City Council concerning efforts towards the furtherance of meeting or even exceeding employment thresholds for Worcester County residents in the City Square project. (Tabled - Rushton February 7, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Request Certain City Council Actions in Regard to the CitySquare Downtown Development Project: recommend adoption of the accompanying Resolution and Order (Tabled - Rushton February 7, 2012)

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)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

ORDER of Mayor Joseph C. O'Brien - Request City Manager report to City Council concerning the legal authority that college police officers have in patrolling non campus areas of the city and in questioning non-students as part of off campus patrols. (Tabled - O'Brien September 6, 2011)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to District Improvement Financing (DIF) Amendments. (Tabled - Rushton February 7, 2012)

Motion Lukes @ #8.5A CM - Request City Manager post on the city's web site Phil Guerin's nomination as a “Champion of Change”.

Motion Eddy @ #8.10C - Request City Manager request the Massachusetts Municipal Association provide staffing levels for police and firefighters per capita for Massachusetts cities and towns and compare this information to the staffing levels for the city of Worcester.

Councilor Germain moved to amend: Further, request the report include what would be the optimum staffing level for the city's police force.

Councilor Rushton moved to amend: Further, include a projection of future retirements for police office.

Motion Eddy @ #8.10C - Request City Manager provide the cost differential of new Police recruit versus those retiring Police Officers who have full Quinn benefits.

Motion Eddy @ #8.10C - Request City Manager provide a report depicting the costs of police classes with varying sizes.

Motion Germain @ #8.10C - Request City Manager report the percentage of recruits from past police classes who did not graduate.

Motion Economou @ #8.10C - Request City Manager provide a cost analysis concerning police classes with varying sizes such as 15, 20, 25 etc….

Motion O'Brien @ #8.27A CM - Request City Manager provide City Council with a report regarding the plans for paying the loan authorization concerning the DCU Special District Improvement Funds.

Motion O'Brien @ #9c CC - Request City Manager request the City Solicitor contact the Springfield City Solicitor and request that he comment as to how his city implements their hiring goals/requirements in publicly funded projects and provide City Council with his responses.

Motion Rushton @ #9c CC - Request City Manager with the Superintendent of Public Schools investigate the Boston program that involves young residents in an aggressive school to work program and attempt to initiate this type of program in Worcester.

RESOLUTION @ #9c CC - That the City Council of the City of Worcester does hereby set as a minimum goal for the general contractor at CitySquare that 50% of future workers employed at the CitySquare Project as financed by the DIF be residents of Worcester County. (O'Brien)

Motion O'Brien @ #9a CC - Request City Manager provide City Council with periodic reports concerning the efforts to meet the goal of 50% employment of residents of Worcester County at the CitySquare Project.

Motion Eddy @ #9a CC - Request City Manager request the City Solicitor determine if the City of Boston has an enforceable residency rule for publicly funded projects, if their rules has withstood challenges and why is his rule enforceable and why Worcester's is not.

Motion Russell @ #9a CC - Request City Manager request Consigli Construction report what outreach efforts have been made to obtain local contractors to work on the CitySquare project.

Councilor Russell and Councilor Rivera moved to be recused from discussion regarding civil marriages - Approved on a roll call vote of 9 Yeas and 0 Nays. Both Councilors left the room.

Councilor Germain on behalf of Councilor William J. Eddy, Councilor Frederick C. Rushton, Councilor Tony Economou, Councilor Joseph C. O'Brien, Mayor Joseph M. Petty and Councilor Kathleen M. Toomey moved to have the following two Orders be considered:

That the City Council of the City of Worcester does hereby prohibit the City Clerk and Assistant City Clerk from retaining fees collected for the solemnization of marriages performed at City Hall or any other city property during regular business hours; and shall collect the statuary fees for the solemnization of marriages performed at City Hall during regular business hours and remit those fees to the City Treasurer for deposit as a General Fund receipt; and this shall take effect on July 1, 2012 and shall remain in effect until revised or repealed by order of the City Council.

That the City Council of the City of Worcester, effective July 1, 2012, increases the salary of City Clerk David J. Rushford from $60.14 per hour ($2,405.60 weekly; $125,520.77 annually) to $64.93 per hour ($2,597.20 weekly; $135,518.18 annually); and, Be it Furthered Ordered that the City Council, effective July 1, 2012, increases the salary of Assistant City Clerk Susan M. Ledoux from $31.74 per hour ($1,269.60 weekly; $66,245.91 annually) to $33.41 per hour ($1,336.40 weekly; $69,731.44 annually).

Motion Palmieri @ #11n & 11o CC - Request City Manager request the City Solicitor report how the hours of operation for solemnization of marriages will be set and by whom as well as setting an expectation for performance including requesting a quarterly report regarding marriages for both inside and outside of City Hall.

Motion Palmieri @ #11n & 11o CC - Request City Manager request the City Solicitor report as to whether or not the City Council can restrict the performance of marriages by the City Clerk on city properties outside regular business hours.

Motion Lukes @ #11n & 11o CC - Request the Standing Committee on Rules and Legislative Affairs review the process for filing items being taken under suspension of rules that are not of an emergency nature.

Motion Lukes @ #11n & 11o CC - Request City Manager request the City Solicitor report the specific duties of the City Clerk and his Assistant.

Motion Lukes @ #11n & 11o CC - Request City Manager request the City Solicitor report whether or not the City Council can develop a process for evaluating the performance for both the City Clerk and City Auditor; and further, report whether or not the City Council can have contracts for the City Clerk and City Auditor.

Motion Lukes @ #11n & 11o CC - Request City Manager request the City Solicitor report what it would take to change the table of organization and put the operation of the City Clerk Department under the supervision of the City Manager.

Motion Lukes @ #11n & 11o CC - Request City Manager report the number of weddings performed by the City Clerk and his Assistants at City Hall and income derived from said weddings.

Motion Toomey @ #11n & 11o CC - Request the City Manager request City Solicitor find another venue for discussing the development of a policy for marriages performed by the City Clerk other than debating this on the floor of City Council.

Motion Economou - Suspension of Rules - Request City Manager and Mayor on behalf of the City Council reach out to Congressman McGovern concerning the critical need for future funding for the fight to eradicate the Asian Long Horned Beetle; and provide him with a letter supporting his efforts to retain funding.

Motion Palmieri - Suspension of Rules - Request City Manager report to City Council plans for an eastside aquatics program as it relates to CSX.