CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 22, 2012

Esther Howland Chamber

Convened: 7:22 P.M.

Adjourned: 9:58 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with 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 May 8, 2012.

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 2012.

Taken up with calendar item #9.23B Mayor Petty opened the Tax Classification Hearing @ 7:25 p.m. with the following people speaking: 1. John Merrill, Worcester resident; 2. Bob Smith, Grafton resident; 3. Bill Kelleher, Worcester resident; 4. Jack Woods, Worcester resident; 5. George Valeri, Worcester resident; 6. Bill Breault, Worcester resident; 7. Roberta Schaefer, Worcester resident; 8. Timothy Cronin, Worcester resident; 9. Robert Seder, Worcester resident; 10. Jennie Pagano, Paxton resident; 11. Richard Lewis, Sutton resident; 12. Roy Samra, Worcester resident; 13. Peg Naylor, Worcester resident; 14. John Reed, Worcester resident; 15. Ed Levine, Shrewsbury resident; 16. Raymond Lopolito, Worcester resident; 17. Leonard Zalauskas, Worcester resident; 18. Beth Proko, Worcester resident; 19. Sally Jablonski, Worcester resident; 20. Richard Kennedy, Worcester resident; The Mayor closed the public speaking portion of the hearing at 8:25 p.m. and heard City Council input. Mayor Petty moved to recommend for consideration Line 198 - That the tax rate for Fiscal Year 2012 be set at $16.98 for Residential property tax and $29.08 for Commercial, Industrial and Personal property. Councilor Lukes moved to recommend for consideration Line 220 - That the tax rate for Fiscal Year 2012 be set at $16.70 for Residential property tax and $29.82 for Commercial, Industrial and Personal property. Councilor Economou moved to recommend for consideration Line 190 - That the tax rate for Fiscal Year 2012 be set at $17.08 for Residential property tax and $28.82 for Commercial, Industrial and Personal property. Councilor Germain made two motions see items #12b & 12c. Councilor Rivera moved to recommend for consideration Line 210 - That the tax rate for Fiscal Year 2012 be set at $6.84 for Residential property tax and $29.46 for Commercial, Industrial and Personal property. Mayor Petty took up the motions for voting in the order they were submitted. Mayor Petty's motion Adopted on a roll call vote of 6 Yeas (Economou, Germain, O'Brien, Rushton, Toomey, Petty) and 5 Nays (Eddy, Lukes, Palmieri, Rivera, Russell) (see item #12a CC ) Councilors Lukes, Councilor Economou and Councilor Rivera's motions - Not Put Mayor Petty moved to suspend the rules to allow reconsideration of the Tax Rate - Approved on a voice vote . Reconsideration of the adopted Tax Rate denied on a roll call vote of 2 Yeas (Lukes, Russell) and 9 Nays (Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Toomey, Petty)

 

6.

ITEMS OF CITIZEN INTEREST

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Irene Tsoules et al request sidewalk repair in front of 2 and 16 Herbert Rd.

Attachments

Referred to Public Works Committee

 

8b.

Catherine Paparella request sidewalk repair on Palisades St.

Attachments

Referred to Public Works Committee

 

8c.

Ryan Caneen request street resurfacing of Wyola Drive.

Attachments

Referred to Public Works Committee

 

8d.

Gary Gurwitz request sidewalk repair in front of 18 Herbert Rd.

Attachments

Referred to Public Works Committee

 

8e.

Jacqueline Risolo et al request the City stop the launching of boats in the designated swimming areas on Sears Island.

Attachments

Referred to Public Works Committee

 

8f.

Christopher Fernandes et al request street resurfacing of Derby St. from #63 to Everton Ave.

Attachments

Referred to Public Works Committee

 

8g.

Albert Belsito request installation of resident permit parking on Natick St.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Rui Zhu Liu request sidewalk repair in front of 117 June St.

Attachments

Referred to Public Works Committee

 

8i.

Councilor Kathleen Toomey on behalf of Shirley Fredette request the installation of one handicap parking space in front of 57 Lafayette St.

Attachments

Referred to Traffic and Parking Committee

 

8j.

NATIONAL GRID for a conduit location in: HEYWOOD ST. & JONES ST.

Attachments

Hearing Set for May 29, 2012 - 7:00 PM

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
 

9.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Javier Pena and the Reappointment of Rachel Shannon-Brown and David Perry to the Commission on Disabilities.

Attachments

Confirmed on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 
 

9.3

DEPARTMENT OF HUMAN RESOURCES
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to a Report Concerning Art in the Park, Worcester.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to the Inauguration of the 2012 Youth Council.

Attachments

Placed on file

 
C.

Recommend City Council Adoption of a Resolution to File and Accept a Massachusetts Port Authority Community Summer Jobs Program Grant.

Attachments

Resolution adopted

 
D.

Transmitting Informational Communication Relative to an Upcoming Youth and Young Adult Job Fair to be Held at Union Station on Friday, June 15, 2012 from 1-4 P.M.

Attachments

Placed on file

 
E.

Recommend Adoption of an Order for a Conservation Restriction with the Greater Worcester Land Trust for Property located on Esper Avenue.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays. Mayor Petty moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 
F.

Transmitting Informational Communication Relative to the Housing Market Study.

Attachments

Placed on file

 
G.

Recommend Adoption of a Resolution to File and Accept a Grant from the Commonwealth Corporation for the YouthWorks 2012 Summer Jobs Grant Program.

Attachments

Resolution adopted

 
H.

Recommend Adoption of a Resolution to File and Accept a State Department of Elementary and Secondary Education (DESE) Grant for the Connecting Activities Program.

Attachments

Resolution adopted

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the Burns Bridge Reconstruction Schedule.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to MassDOT Repair of Bridges on I-290.

Attachments

Referred to Public Works Committee

 
C.

Transmitting Informational Communication Relative to Additional Information Regarding Lawn Watering.

Attachments

Referred to Public Works Committee

 
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.7

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 April 2012.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Department of Public Works and Parks' Construction Report for the Quarter Ending March 31, 2012.

Attachments

Referred to Public Works Committee

 
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.9

FIRE DEPARTMENT
A.

Recommend City Council Accept with Gratitude a Donation in the Amount of Thirty Two Dollars and Eighty Cents ($32.80) from Lukoil Gas Station and Mini Mart Located at 1310 Grafton Street, to the Worcester Fire Department.

Attachments

Order adopted with gratitude

 
 

9.10

POLICE DEPARTMENT
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
A.

Transmitting Informational Communication Relative to Liveries.

Attachments

Referred to Municipal Operations Committee

 
 

9.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

9.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

9.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

9.17

DIVISION OF PUBLIC HEALTH
 

9.18

DIVISION OF ELDER AFFAIRS
A.

Recommend Adoption of an Order for a Lease of Space at the Worcester Senior Center to Quinsigamond Community College for the Operation of "Bobby M.'s Diner".

Attachments

Order adopted

 
B.

Recommend Adoption of a Resolution to File and Accept Funds from the Fallon Community Health Plan Community Benefits Program.

Attachments

Resolution adopted

 
 

9.19

WORCESTER PUBLIC LIBRARY
 

9.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

9.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

9.22

PUBLIC SCHOOL DEPARTMENT
 

9.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to the Tax Abatement Process.

Attachments

Referred to Municipal Operations Committee

 
B.

Transmitting Informational Communication Relative to the Tax Classification Package.

Attachments

Placed on file

 
 

9.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Final Certification of New Growth.

Attachments

Referred to Municipal Operations Committee

 
 

9.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

9.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

9.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

9.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Six Hundred Thousand Dollars And No Cents ($600,000.00) be transferred from Loan Account #91C7452A, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

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

 
B.

Recommend that Fifty Eight Thousand Seven Hundred Twenty Dollars And No Cents ($58,720.00) be transferred from Loan Account #91C7312A, Water Capital Equipment, when and as received and be appropriated to Account #45C703, Water Capital Equipment to allow for the purchase and future payment of these vehicles per the cash flow procedure.

Attachments

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

 
C.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C756, Ballard St (Millbury St) - Landfill, to DPW Account #41C756, Landfill (Millbury St) to allow for the payment of pending invoices and the anticipated expenditures associated with the final construction phase of the Off Season Storage Facility including site grading, necessary drainage work, and other minor improvements at this location.

Attachments

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

 
D.

Recommend that One Hundred Twenty Five Thousand Dollars And No Cents ($125,000.00) be transferred from Loan Account #91C745OF, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program per the cash flow procedure.

Attachments

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

 
E.

Recommend that Seventy Thousand Dollars And No Cents ($70,000.00) be transferred from Loan Account # 91C7842J, Park Improvements, and be appropriated to Parks Account # 72C70220, Elm Park to allow for contractually obligated payments.

Attachments

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

 
F.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account # 91C7841I, Aquatic Facilities, and appropriate to Parks Account # 72C70221, Aquatic Demo to allow for contractually obligated payments.

Attachments

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

 
 

9.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Seven Thousand Five Hundred Seventy Seven Dollars And Fourteen Cents ($7,577.14) be transferred from Account # 330-07, Damage Settlement - Reserve Revenue and be appropriated to Account # 720-92000, Parks Ordinary Maintenance to allow for replacement of damaged property.

Attachments

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

 
B.

Recommend that Twenty One Thousand Two Hundred Thirty Four Dollars And No Cents ($21,234.00) be transferred from Account #330-75, Reserve for Appropriation Airport OPEB, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2012 third quarter health insurance expenses for Airport retirees.

Attachments

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

 
 

9.30

FINANCE ITEMS
Prior Year
 

9.31

FINANCE
Loan Orders
 

9.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to an Invite to a National Small Business Week Event.

Attachments

Referred to Economic Development Committee

 
10.

TO BE ORDAINED

10a.

Amend the Worcester Zoning Ordinance adopted April 2, 1991 relative to Signs.

Attachments

Ordained on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Lukes)

 

10b.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for 2-hour parking 5:00 am to Midnight on the north side of Downing St. from Main St. to a pt. 224' east of Main St. and install No Parking Anytime on the north side of Downing St. from the existing handicap space westerly to Woodland St.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to prohibit parking on the east side of Woodland St. from Downing St. to Hawthorne St

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install No Parking Anytime on the South Side of Downing St. from Main St. to a pt. 70' west of Main St., Thence from the 70' ft. pt. to a pt. 359' west of Main St. Two Hour Parking 5:00 AM to Midnight, thence from said pt. to westerly line of Woodland St. Extended No Parking Anytime

Attachments

Ordained on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Lukes)

 

11.

TABLED ITEMS

11a.

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

 

11b.

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)

Attachments

No Action Taken

 

11c.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administrationís 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)

Attachments

No Action Taken

 

11d.

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)

Attachments

No Action Taken

 

11e.

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)

Attachments

No Action Taken

 

11f.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

Attachments

No Action Taken

 

11g.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

Attachments

No Action Taken

 

11h.

COMMUNICATION of the City Manager Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 121-92000, Law Court Judgments, and be appropriated to Account #120-92000, Law Ordinary Maintenance, to provide funding for the remainder of Fiscal Year 2012. (Tabled Lukes - May 8, 2012)

Attachments

No Action Taken

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Petty @ #5a CC - That the tax rate for Fiscal Year 2012 be set at $16.98 for Residential property tax and $29.08. for Commercial, Industrial and Personal property.

Attachments

Order adopted on a roll call vote of 6 Yeas and 5 Nays (Yeas - Economou, Germain, O'Brien, Rushton, Toomey, Petty) (Nays - Eddy, Lukes, Palmieri, Rivera, Russell) Reconsideration denied on a roll call vote of 2 Yeas and 9 Nays (Yeas - Lukes, Russell) (Nays - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Rushton, Toomey, Petty)

 

12b.

Motion Germain @ #5a CC - Request City Manager outline the start up costs to open a business in Worcester as well as the associated annual fees and operating costs and report this to City Council.

Attachments

Order adopted

 

12c.

Motion Germain @ #5a CC - Request City Manager develop a process that will lead to a single tax rate.

Attachments

Order adopted

 

12d.

Motion O'Brien @ #9.13A CM - Request City Manager draft an order for City Council to invoke a temporary moratorium on new livery licenses until a public hearing is held.

Attachments

Order adopted

 

12e.

Motion O'Brien @ #9.13A CM - Request City Manager request the Police Chief provide City Council with a report regarding the costs for regulating the livery industry and make a recommendation concerning what the fee structure should be taking into consideration the costs for regulating.

Attachments

Order adopted

 

12f.

Motion O'Brien @ #9.13A CM - Request City Manager report whom within administration should regulate livery industry in the future.

Attachments

Order adopted

 

12g.

PETITION - Councilor George J. Russell on behalf of Scott Ricker request the cross slope of bituminous walkway on the south side of Sunderland Road be repaired; that three (3) sections of curbing recently installed be replaced with curb access at the corners of side streets in Sunderland Road, and that consideration be given to the installation of sidewalks in the area of Sunderland Road where new curbing has been installed.

Attachments

Referred to Public Works Committee

 

12h.

PETITION - Councilor Joseph C. O'Brien request City Council authorize and request the City Manager to designate Grant Square as a community garden.

Attachments

Referred to Public Works Committee

 

12i.

Motion Palmieri - Suspension of Rules - Request City Manager have the cyclone fence and basket ball court at Grant Square repaired.

Attachments

Order adopted

 

12j.

PETITION - Councilor Sarai Rivera request City Council authorize and request the City Manager to designate 22 Newbury St. as a community garden.

Attachments

Referred to Public Works Committee