CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 12, 2013

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 8:44 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 & STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

2.

MOMENT OF SILENCE – At the request of Mayor Petty to recognize the passing of William O. Gardiner former Director of Human Rights.

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilors O'Brien and Germain. Councilor O'Brien arrived at 7:14 P.M. and Councilor Germain arrived at 7:20 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 February 26, 2013.

Attachments

Order adopted

 

5.

FIRST ITEMS OF BUSINESS - Quarterly Economic Development Reports - see items 9.4A & 9.4C.

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Petty recognized the following persons whom spoke: 1. Randolph Bloom, Worcester resident 2. Elizabeth Mullaney, Worcester resident 3. Judy Finkel, Worcester resident 4. Nicole Apostola, Worcester resident

 

6b.

Mayor Petty recognized the presence of a delegation of women entrepreneurs from Russia who are sponsored by the Open World Leadership organization in Washington, D.C.; their Worcester program, organized by International Center of Worcester, focused on social responsibility and business support for non-profit organization.

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Gary Anger request to make public Ideal Terrace.

Attachments

Referred to Planning Board

 

8b.

Jo Hart request City Council have an immediate televised public hearing at 5:30 pm at City Hall about the devastating changes the WRTA is making, so ordinary working people can attend. Further, request the City Manager request the WRTA provide tangible information about these changes including maps for all their planned new routes.

Attachments

Petitioner spoke. Referred to Public Service and Transportation Committee

 

8c.

Mary Moule request the City Council investigate and negotiate a discount cable television service rate or rate cap for seniors in the current contract renewal negotiations between the City of Worcester and Charter Communications.

Attachments

Petitioner spoke. Referred to Public Service and Transportation Committee

 

8d.

Brian Merlin request installation of handicap parking space in front of 15 Lovell St. (Lakeside Apartments)

Attachments

Referred to Traffic and Parking Committee

 

8e.

Demetra Edwards of the Carroll Center for the Blind request audible pedestrian signals at the intersections of Main and Crystal Sts. and Main and Maywood Sts.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Joseph Marrone and Hamid Mahaghegh request City consider how more on-street parking can be provided for local businesses in the Grove, Prescott and Lancaster Sts. area.

Attachments

Referred to Traffic and Parking Committee

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Constables for Civil and Criminal Business.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Joseph Charpentier to the Conservation Commission.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Reappointment of Cara Berg Powers and Kathleen Gervais to the Human Rights Commission.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative to the Reappointment of Eric Goldstein to the Parks and Recreation Commission.

Attachments

Placed on file

 
 

9.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Robin Currie to the Advisory Committee on the Status of Women.

Attachments

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

 
B.

Transmitting Informational Communication Relative to the Appointment of Morris Crump to the Affirmative Action Advisory Council.

Attachments

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

 
C.

Transmitting Informational Communication Relative to the Reappointments of Christopher Condon and Pedro Figueroa to the Citizens Advisory Council.

Attachments

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

 
D.

Transmitting Informational Communication Relative to the Reappointment of Stephen Stolberg to the Commission on Disability.

Attachments

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

 
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to the City Hall Employee of the Month for March 2013.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the List of 2012 Salaries of All City and School Employees.

Attachments

Referred to Municipal Operations Committee

 
C.

Transmitting Informational Communication Relative to a Report on City Employee Demographics.

Attachments

Councilor Rivera moved to Table Under Privilege. Tabled Under Privilege - Rivera

 
D.

Recommend Review and Approval of Attached Salary Ordinance Amendment to Increase the Salary Rate of Several Seasonal Recreation Titles.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to Small Business Recruitment and Retention Efforts.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to the Theatre District Master Plan.

Attachments

Councilor Eddy moved to Table Under Privilege. Tabled Under Privilege - Eddy

 
C.

Transmitting Informational Communication Relative to the Economic Development Quarterly Report.

Attachments

Referred to Economic Development Committee

 
D.

Transmitting Informational Communication Relative to the Smart Grid Deployment Update.

Attachments

Mayor Petty invited John Monaghan and Kevin Shaughnessy from NGrid to answer questions from City Council. Referred to Public Service and Transportation Committee

 
E.

Transmitting Informational Communication Relative to the Potential Impact of the Recently Enacted Federal Budget Sequestration.

Attachments

Referred to Public Health and Human Services Committee

 
F.

Transmitting Informational Communication Relative to the Program Year (FY13) Community Development Block Grant Update.

Attachments

Referred to Public Health and Human Services Committee

 
G.

Transmitting Informational Communication Relative to the Request for Proposals for the Property Located at 5 May Street.

Attachments

Referred to Economic Development Committee

 
H.

Transmitting Informational Communication Relative to the Crown Hill Presentation to Economic Development Committee.

Attachments

Placed on file

 
I.

Recommend Adoption of the Resolution to Allow the City, Through the Workforce Central Career Center, to Accept Funding from Advocates, Inc. to Provide Re-Entry Employment Services.

Attachments

Resolution adopted

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

9.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to Information About the Soccer Fields as requested by the Youth, Parks & Recreation SubCommittee.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Transmitting Informational Communication Relative to Linear Park.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to File and Accept an Office of Violence Against Women FY 2013 Grants to Encourage Arrest Polices and Enforcement of Protection Orders Program Application.

Attachments

Resolution adopted

 
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
 

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 a Resolution to File and Accept Funding from Hebrew SeniorLife.

Attachments

Resolution adopted

 
B.

Recommend Adoption of a Resolution to Authorize the Application and Acceptance of Funding from the Greater Worcester Community Foundation.

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
 

9.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

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 the Sum of $175,000 (One Hundred Seventy Five Thousand Dollars) be Transferred When and as Received from Account #91C7803A, Citywide Capital Equipment, and be Appropriated to Account #68C701, Technical Services Capital Equipment.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
B.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be Transferred from Loan Account #91C7412J, Street Construction, and be Appropriated to Account #41C765, Canal District/Shrewsbury St/Grafton St Improvements, to Allow for the Payment of Current and Future Obligations.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
C.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be Transferred from Loan Account #91C7412H, Street Construction - CBD, and Appropriated to DPW Account #41C762, Central Business District - Street Construction, to Allow for the Payment of Anticipated Project Obligations per the Cash Flow Procedure.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
D.

Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be Transferred from Loan Account #91C7111E, Citywide Building Rehabilitation, and be Appropriated to DPW Account #41C704, Building Rehabilitation, to Allow for the Payment of Current and Anticipated Obligations per the Cash Flow Procedure.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
E.

Recommend that One Hundred Ninety Thousand Dollars And No Cents ($190,000.00) be Transferred from Account #91C7803A, Citywide Capital Equipment, When and as Received , and be Appropriated to Account #50C702, Worcester School Capital Equipment, as Approved in the Fiscal 2013, Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
F.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be Transferred from Account #75C504, DCU Center Special District Financing, and be Appropriated to Account #75C704, DCU Center Special District Financing, to Pay Contractual Obligations Related to Design and Other Associated Costs, as Approved in the Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
G.

Recommend that One Hundred Seventy Five Thousand Three Hundred Seventy Eight Dollars And No Cents ($175,378.00) be Transferred from Account #91C7802A, Capital Equipment, and be Appropriated When and as Received to 55C701, Library Capital Equipment, to Complete the Purchase of the 3M Library Self Check system, as Approved in the Capital Improvement Program.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
H.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be Transferred from the Following Account #330-08, Premium on Loans, $117,257.00 and from Account# 330-09, Real Estate Sales, $32,743.00, and be Appropriated to DPW & Parks Account #72C70211 to Allow for Design Costs Associated with this Artificial Turf Field Project to be Paid.

Attachments

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

 
 

9.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Fifteen Thousand Dollars And No Cents ($15,000.00) be Transferred from Account #900-92000, City Mangers Contingency and be Appropriated to DPW Account #4101-92120, Administration O.M., to Allow for the Payment of Anticipated Obligations Associated with Clearing of Sidewalks at Various Locations Throughout the City.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
B.

Recommend that Eighteen Thousand Dollars And No Cents ($18,000.00) be Transferred from Account #900-92000, City Manager's Contingency, and Appropriated to Account #6801-97000, Technical Services Overtime.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
C.

Recommend that Eight Hundred Thirty One Thousand One Hundred Ninety Two Dollars And Twenty Five Cents ($831,192.25) be Transferred as Follows so as to Provide Sufficient Funding for the Off-Street Parking Program for the Third Quarter of Fiscal Year 2013

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
D.

Recommend that Sixty Three Thousand Three Hundred Ninety Nine Dollars And Thirty Nine Cents ($63,399.39) be Transferred From Sewer Account #440-91000, Salaries, and Appropriated to Sewer Account #440-97201, Overtime, to Allow Overtime Costs to be Paid During the Remaining Period of Fiscal Year 2013.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
E.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be Transferred from Account # 900-92000, City Manager's Contingency, and be Appropriated to Account #150-91000, Election Salaries, to Fund Projected Deficit in the Election Salary Account.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 
 

9.30

FINANCE ITEMS
Prior Year
 

9.31

FINANCE
Loan Orders
 

9.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Current List of Vacancies for Boards, Commissions, and Advisory Committees.

Attachments

Placed on file

 
B.

Presentation of the Preliminary Fiscal Year 2014 Budget Overview.

Attachments

Mayor Petty invited City Manager O’Brien to make his presentation. Referred to Finance Committee

 
10.

COMMUNICATION

10a.

Edward Farley, Director of MassDOT Office of Outdoor Advertising, transmitting informational communication relative to an upcoming meeting regarding proposed electronic billboard(s) in Millbury St.

Attachments

Referred to Economic Development Committee

 

11.

TO BE ORDAINED

11a.

Amending Section 19 of Article Three, Part II of the Revised Ordinances of 2008 Creating the Crown Hill Historic District.

Attachments

Councilor Rushton moved to amend the Ordinance to insert the date for the map with “October 5, 2012 and revised February 12, 2013”. Ordained as amended on a roll call vote of 11 Yeas and 0 Nays

 

12.

TABLED ITEMS

12a.

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)

Attachments

No action taken

 

12b.

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

 

12c.

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

 

12d.

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

12e.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

Attachments

No action taken

 

12f.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12g.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12h.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12i.

ORDER of Councilor Konstantina B. Lukes - Request City Council and the City Manager pursuant to powers granted under Section 7-2 of the Worcester's Home Rule Charter eliminate the preliminary election scheduled for September 17, 2013. (Tabled - Eddy March 5, 2013)

Attachments

No action taken

 

12j.

ORDER of Councilor Joseph C. O'Brien and Councilor Frederick C. Rushton - Request Board of Election Commissioners and City Clerk implement six days of Early Voting on the second floor of City Hall October 30, 2013 through November 4, 2013 to encourage Worcester voters to participate in the upcoming municipal election. (Tabled Under Privilege - Lukes February 12, 2013 & Tabled Under Privilege O'Brien February 26, 2013 and Tabled O'Brien March 5, 2013)

Attachments

No action taken

 

12k.

RESOLUTION of Councilor Frederick C. Rushton and Councilor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in favor of the initiative to enhance participation in elections being put forth by President Obama that will require all states to provide online voter registration and at least 15 days of early voting. (Tabled Under Privilege - Lukes February 12, 2013 & Tabled Under Privilege O'Brien February 26, 2013 and Tabled O'Brien March 5, 2013)

Attachments

No action taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion Economou @ #8b CC – Request City Manager provide City Council with reports regarding changes taking place at the WRTA and a list of public hearings that took place regarding these changes.

Attachments

Order adopted

 

13b.

Motion Rushton @ #9.4B CM – Request City Manager provide City Council with a copy of the minutes, including the public comments, from the public meeting regarding the Theatre District Master Plan.

Attachments

Order adopted

 

13c.

Motion O’Brien @#32.B CM – Request City Manager request the Superintendent of Public Schools provide the following information: a report relative to the rise in Chapter 70 funding and compare this with the rising costs for Charter Schools and report how these costs effect Chapter 70 funding; a report regarding the rise in costs of Special Education; and report on the increase of student enrollment over the past several years.

Attachments

Order adopted

 

13d.

Motion O’Brien @#32.B CM – Request City Manager request the Superintendent of Public Schools provide a report regarding a list of investments made by the city in technology and school infrastructure over the past several years.

Attachments

Order adopted

 

13e.

Motion Economou @#32.B CM – Request City Manager consider creating a formula that would accrue savings that would help alleviate the deficit.

Attachments

Order adopted

 

13f.

Motion Rushton @ #9.32B CM – Request City Manager provide a report showing city department budgets from 2003 to 2008 and whether or not they have increased or decreased during this time period.

Attachments

Order adopted

 

13g.

Motion Rushton @ #9.29A CM – Request City Manager add 2 Cardinal Rd to the list of clearing of snow from sidewalks funded by item #9.29A CM of March 12, 2013.

Attachments

Order adopted

 

13h.

PETITION - Councilor Kathleen M. Toomey, Councilor Philip P. Palmieri and Councilor Tony Economou on behalf of residents of Plumley Village request a study and proposal to address the following concerns regarding the impending impact of construction on the Belmont St. Bridge: 1) repaint crosswalks; 2) request additional signage for safety at the crossing for residents, pedestrians and children; 3) investigate the possibility of a raised crosswalk with flashing lights on Laurel St. given the volume of traffic already existing; and 4) request a traffic light be installed at the bottom of Laurel St. where it intersects Summer St. to help with the overflow of traffic that backs up coming down from Eastern Ave. and Edward St. especially during peak hours especially with the large number of school buses every day.

Attachments

Referred to Traffic and Parking Committee

 

13i.

Motion Toomey – Suspension of Rules – Request City Manager move forward with PSA’s (Public Service Announcements) regarding crosswalk safety for pedestrians and drivers as soon as possible.

Attachments

Order adopted

 

13j.

PETITION – Councilor Tony Economou on behalf of John Carey and Jack Toney et al request installation of a handicap parking space in front of 266 Burncoat St.

Attachments

Referred to Traffic and Parking Committee

 

13k.

Motion Eddy – Suspension of Rules – Request City Manager include on the city’s website information regarding the Official State Monument for Veterans of the Persian Gulf War that is located on the Common.

Attachments

Order adopted

 

13l.

Motion Rushton – Suspension of Rules – Request the Mayor invite the Main South Lady Cougars basketball team to a City Council meeting to congratulate them on the historic winning season as District Champions.

Attachments

Order adopted

 

13m.

Motion Rivera – Suspension of Rules – Request City Manager request the appropriated department enforce the sidewalk snow clearing ordinance at the following locations: 1) both corners at the intersection of Main and Richards Sts.; 2) the corner of Lowell and Freeland Sts.; 3) both corners of at the intersection of Main and Oberlin Sts.; 4) the corner of Claremont and Silver Sts.; and 5) 31 May St. at the corner of Woodland St.

Attachments

Order adopted