CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 29, 2012

Esther Howland Chamber

Convened: 7:46 P.M.

Adjourned: 8:26 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 except for Councilor O'Brien who arrived at 8:02 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 15, 2012.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing: NATIONAL GRID for a conduit location in: HEYWOOD ST. & JONES ST. Granting permission to NATIONAL GRID for a conduit location in: HEYWOOD ST. & JONES ST.

Attachments

Hearing Held & Order adopted

 

6.

ITEMS OF CITIZEN INTEREST

6a.

Mayor Petty read a Proclamation declaring May 28th as Worcester Art Museum Art All-State Program Day and it was presented to Matthias Waschek and he thanked the city for this honor on behalf of the Art Museum and his colleagues Honee Hess and Gillian Bonazoli.

Attachments

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Sue Martin request potholes be repaired on the private portion of Beaver Brook Parkway, between May and Maywood Sts.

Attachments

Referred to Public Works Committee

 

8b.

Timothy & Virginia Sullivan request sidewalk repair in front of 16 Mattson Ave.

Attachments

Referred to Public Works Committee

 

8c.

Rosemary Donis request the handicap parking space in front of 63 Elliott St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Shaun Foreman request traffic signage be installed on Auburn St. to slow speeding cars.

Attachments

Referred to Traffic and Parking Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON FINANCE - Request the City Auditor provide City Council with a list of investments. (Toomey)

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON FINANCE - Request City Manager report the pay range for the new position of Deputy Director of Human Resources. (Russell)

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON FINANCE - Request City Manager quantify the services Human Resources provides to the Worcester Public Schools. (Lukes)

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON FINANCE - Request City Manager quantify the services DPW Central Garage Division provides to the Worcester Public Schools. (Lukes)

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide an update regarding upcoming plans for implementing aquatics facilities. (O'Brien)

Attachments

Order adopted

 

9f.

FROM THE COMMITTEE ON FINANCE - Request City Manager report what resources would be necessary to have the Main Public Library open on Mondays. (Eddy)

Attachments

Order adopted

 

9g.

FROM THE COMMITTEE ON FINANCE - Request City Manager report what resources would be needed to achieve accreditation status for the Worcester Public Library. (Eddy)

Attachments

Order adopted

 

9h.

FROM THE COMMITTEE ON FINANCE - Request City Manager report the pay range for the library reference service and branch service coordinators in other communities. (Economou)

Attachments

Order adopted

 

9i.

FROM THE COMMITTEE ON FINANCE - Request City Manager report possible future expansion of regionalization and how revenues can be optimized to continue providing more public health services. (Rushton)

Attachments

Order adopted

 

9j.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a list of all city vehicles by department and include details such as year, make, mileage and manner as to how repairs are made. (Lukes)

Attachments

Order adopted

 

9k.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a sample of what 9.3 million dollars in cuts would look like to the FY2013 budget and what would a 9.3 million dollar increase in taxes would look like if City Council were to increase the Worcester Public School budget as they have requested. (Eddy)

Attachments

Order adopted

 

9l.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager request the City Solicitor report to the City Council concerning the issue of identification being presented at the time of filing intentions to be married.

Attachments

Order adopted

 

9m.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager request the Chief Financial Officer report monthly to the City Council those fees collected by the City Clerk Department, beginning with the month of July 2012 and further, request the City Clerk provide the City Council with the number of weddings that took place at City Hall during the past six months.

Attachments

Order adopted

 

9n.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager with National Grid develop a standardized live time map that translates National Grid's work plans in a more user friendly format. This would allow advanced notification of what is happening within the city as to tree trimming management and infrastructure improvement and the city's administration can act as a conduit between National Grid and the community.

Attachments

Order adopted

 

9o.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager work with National Grid to outline goals and expectations as to what needs to be accomplished and what can or can not be done; such as when can a standardized map be developed, when can a master plan of the city's infrastructure be developed, how much investment is needed to take place for the city to be kept current, what needs to be done for routine maintenance and management, and when can Smart Grid or other like technology be implemented to improve lines of communications.

Attachments

Order adopted

 

9p.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - Request City Manager request National Grid, when deploying the Smart Grid pilot program, notify City Council as to whether or not Worcester's local qualified workforce can be hired if additional personnel is needed for implementation of this program.

Attachments

Order adopted

 

9q.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of the Department of Public Works and Parks communicate with the various GPS vendors to ensure that access to Kinnicutt Road South is correctly delineated.

Attachments

Order adopted

 

9r.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager arrange to have running totals of activities accomplished by staff of the Department of Public Works and Parks and community partners through the Keep Worcester Clean efforts posted to the city's web pages.

Attachments

Order adopted

 

9s.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide to City Council for review the state statutes concerning the Parks Commission and their functions.

Attachments

Order adopted

 

9t.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager provide City Council with the status to a previously requested report concerning the repair or restoration of the swimming pool at South High Community School.

Attachments

Order adopted

 

9u.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report to City Council the following: 1) what were the financial investments in soccer fields in the past five years; 2) what funds are currently allocated for soccer field renovations; and 3) are there any existing soccer field plans.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager consider the establishment of a "Swap Shop" program staffed with some or all volunteers in order to defray tax levy costs. (Lukes)

Attachments

Councilor Toomey moved to amend to include military personnel serving oversees and their families. Order adopted as amended

 

10b.

Request City Manager participate with business, cultural and educational institutions to promote and market signature sailing events conducted at Lake Quinsigamond.(Lukes)

Attachments

Order adopted

 

10c.

Request City Manager report on how the 2013 City Budget, new growth and Proposition 2 1/2 limits will impact on continuing the 40-60% tax levy allocation between residential, commercial, industrial and personal property recently voted by the City Council for fiscal year 2012 tax classification, in preparation for the City Council's vote on the next tax classification vote to be scheduled on or about December 2012. (Lukes)

Attachments

Order adopted

 

10d.

Request the City Manager work with the Cultural Commission and other community stakeholders to develop a vision for creating all other forms of community art for future Art in the Park events. (Rushton)

Attachments

Councilor Lukes moved to amend: Further, request City Manager develop a symbol representing the City of Worcester to put at the cityís major gateways. Order adopted as amended

 

10e.

Request City Manager and Chief Financial Officer review the listing of institution into which they direct municipal deposits to ensure that these same institutions are in full compliance with the City of Worcester protocols for bonding, securing and maintaining foreclosed properties. (Russell)

Attachments

Councilor Russell moved to suspend the rules to allow speakers - Approved on a voice vote. Speakers: Miledy Paulino and Mildred Collins, Worcester residents. Order adopted

 

10f.

Request City Manager request the Commissioner of the Department of Public Works and Parks to install basketball hoops and a tennis net to the park on Burncoat St. next to Burncoat Street Preparatory School. (Economou)

Attachments

Order adopted

 

10g.

Request City Manager and the appropriate administrators report to the City Council what the City's plan is going forward to handle vacant properties, foreclosed homes and vacant lots. (Economou, Russell)

Attachments

Order adopted

 

10h.

Request City Manager arrange to have grassy areas adjacent to the major city-controlled and state-controlled arteries be reasonably mowed in the interest of public safety and aesthetics. (Russell)

Attachments

Order adopted

 

11.

COMMUNICATIONS

11a.

Michael V. O'Brien, City Manager, recommend Adoption of Orders relative to the Elderly Abatement Program

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 voteof 0 Yeas and 11 Nays.

 

11b.

Michael V. O'Brien, City Manager, transmitting informational communication relative to reports from the Department of Public Health and the Task Force on Public Health.

Attachments

Referred to Public Health and Human Services Committee

 

11c.

Michael V. O'Brien, City Manager, transmitting informational communication relative to the Impact of Providing the Worcester Public Schools with Additional Funding.

Attachments

Referred to Finance Committee

 

11d.

Michael V. O'Brien, City Manager, transmitting informational communication relative to Revised Operating Budget Information.

Attachments

Referred to Finance Committee

 

11e.

Michael V. O'Brien, City Manager, respectfully recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be transferred from Account # 900-92000, City Managerís Contingency, and appropriated to Veterans Services Account # 047-92000, for the Vietnam Veterans Memorial located at Green Hill Park.

Attachments

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

 

12.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS

12a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of City Manager recommending adoption of an amendment to Chapter 2 of the Revised Ordinances Pertaining to Establishing the Fee for the Solemnization of Marriages: recommend passage of the accompanying proposed Ordinance as amended to establish the fee for lawfully solemnizing and certifying a marriage to be $75.00. The fee shall be waived for active duty United States military personnel.

Attachments

Councilors Rivera and Russell moved to be recused - Approved on a roll call vote of 9 Yeas and 0 Nays. Voted to advertise proposed Ordinance

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

13a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joyce Sutherland et al request street resurfacing of Hunthurst Circle: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of State Representative John Fresolo on behalf of Larry Adams request repair or solution to water run off from Massasoit Rd. washing out Evergreen Lane after heavy rains: recommend adoption of the accompanying Order to install a new apron where Evergreen Lane meets Massasoit Rd.

Attachments

Accepted & Order adopted

 

13c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Damien Jacob request to remove the incomplete mono-pole structures on city owned sidewalks dotting the length of North Main St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Damien Jacob request to remove the several forgotten footings in downtown: recommend adoption of the accompanying Order.

Attachments

Accepted & Order adopted

 

13e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Proposed Route 20 Infrastructure Plan, Including Viability, Timetable and Cost: recommend Communication be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2012: recommend Communication be placed on file.

Attachments

Accepted

 

13g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Martha Giard et al request curbing be realigned where roots of former maple trees protruded on Arbutus Rd.: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jonathan Stott request to connect 52 & 54 Evers St., Auburn, MA to the city's water service: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ruth Margolis request City Council address concerns in the public way surrounding 6 Kinnicutt Rd. South: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Susan & Brian Amos request the city investigate the cause of the flooding at 164 Flagg St. along Beaver Brook and find a solution for this problem: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Joffrey A. Smith on behalf of Richard Levitt request to install a catch basin between 69 and 71 Barry Rd.: recommend Petition be denied.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION

14a.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Master Plan Initiative for Improvements to University Park: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

14b.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Order of Councilors William J. Eddy and Joffrey A. Smith - Request the Standing Committee on Youth, Parks and Recreation coordinate a discussion between the administration and the resident and business groups in the Tatnuck neighborhood concerning the siting and creation of a skateboard park in the west side: recommend Order be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting an update regarding the disposition of the historic Fire Alarm & Telegraph Building located at 230 Park Avenue: recommend Communication be placed on file.

Attachments

Accepted

 

15.

TO BE ORDAINED

15a.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 47 Ellsworth St. adjacent to the existing handicap parking space.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15b.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 11 Richards St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15c.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on Harvard St. adjacent to 18 Walnut St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15d.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 41 Mann St

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15e.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Channing St. adjacent to 12 Mount Vernon St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15f.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 201 Dana Ave.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15g.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 65 Milton St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15h.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 11 Hillside St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15i.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 17 Mendon St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15j.

Amend Section IX of Chapter 13 of the Revised Ordinances of 2008 to provide for a No Parking Tow Away Zone 8:00 am to 5:00 pm Monday to Friday on both sides of Gold St. from Green St. to Summit St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking 8:00 am to 5:00 pm Monday to Friday on the north side of Gold St. from Green St. to a pt. 158' west of Green St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the south side of Gold St. from Green St. to Summit St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15k.

Amend Section 47 of Chapter 13 of the Revised Ordinances of 2008 to reduce the No Parking Zone in front of 96 Dorchester St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15l.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to revise the Resident Permit Parking on Marion Ave. south side from Providence St. to Shannon St. from 5:00 PM to 6:00 AM. Amend Section 37Q of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Tow Away Zone on the south side of Marion Ave. from Providence St. to Shannon St.

Attachments

Councilor Germain moved to amend the Ordinance to state resident permit parking would be also in effect all day Saturday and Sundays. Ordained as amended on a roll vote of 11 Yeas and 0 Nays.

 

15m.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 11 Suffolk St.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

15n.

Amend Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking in front of 23 Suffolk St. to the David Clark CO. Parking Lot.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

16.

TABLED ITEMS

16a.

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

Councilor Palmieri moved to take the item off the Table - Voted to advertise proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays.

 

16b.

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

 

16c.

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

 

16d.

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

 

16e.

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

 

16f.

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

 

16g.

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

 

16h.

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

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES

17a.

Motion Russell @ #10e CC - Request City Manager make a recommendation as to how to require banks, who possess foreclosed properties, to record this ownership as part of the public record.

Attachments

Order adopted