CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 11, 2014

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:10 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Tony Economou
Michael T. Gaffney Konstantina B. Lukes
Philip P. Palmieri Sarai Rivera City Clerk
David J. Rushford
Gary Rosen Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE and STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

2.

MOMENT OF SILENCE in remembrance of Sophia Palmieri, mother of Councilor Philip P. Palmieri, who recently passed away.

3.

ROLL CALL - All present, except for Councilor Philip Palmieri, with the Mayor as 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 February 25, 2014.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty read a Proclamation declaring March, 2014 as Red Cross Month in the City of Worcester and encouraged all residents to recognize and participate in its observance. The Proclamation was presented to Karen Marzilli and Lucinda Larochelle.

Attachments

 

5b.

Mayor Petty recognized the following speakers:
1. Chris Horton, Worcester resident
2. John Provost, Worcester resident
3. Jo Hart, Worcester resident

 

5c.

Councilor Rosen announced that Tara Vaydya a physics’ teacher at South High Community High School was given a “Partners in Excellence Teaching” award for her work for increasing participation and performance in AP Science.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Alyssa Benefit et al request Esper Avenue be made public.

Attachments

Referred to Planning Board

 

7b.

Alyssa Benefit et al request Midgley Avenue be made public.

Attachments

Referred to Planning Board

 

7c.

Amoret Zamarro Beiter request sidewalk repair in front of 31 Institute Road.

Attachments

Referred to Public Works Committee

 

7d.

Amoret Zamarro Beiter request sidewalk repair in front of 15 Dean Street.

Attachments

Referred to Public Works Committee

 

7e.

Warina Kakcuros request removal of the handicap parking space in front of 1 Shawmut St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reappointment of John Vigliotti to the Planning Board.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Reappointment of Gerald Dufault and Seth Pitts to the Trust Funds Commission.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Appointment of Donna Goranson to the Mayor Thomas Early Scholarship Committee.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reappointments of Coreen Gaffney, Theodore Kostas, Craig Olson and Chris Robarge to the Citizen Advisory Council.

Attachments

Councilor Gaffney moved to be recused - Recused on a roll call vote of 9 Yeas and 0 Nays (Palmieri absent) Confirmed on a roll call vote of 9 Yeas and 0 Nays.

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to the Opportunities Fair Held on February 26, 2014 at the YMCA, Central Branch.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Youth Opportunities Coordinator Job Description.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to an Update of the Buy Worcester Now Program.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to the Quarterly Economic Development Report.

Attachments

Referred to Economic Development Committee

 
C.

Transmitting Informational Communication Relative to an update concerning the current Triage Center on Queen Street.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend Approval of an Order of Taking Relative to Watershed Land Acquisition - Order of Taking - Greater Worcester Land Trust to Secure 53 Acres in the Watershed of the City's Holden Reservoir No. 1.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Rushton absent)

 
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Status of the Snow Account and Whether or Not There is a Deficit.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Keep Worcester Clean (KWC) Activity Report for the Month of January 2014.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to File and Accept an Assistance to Firefighter - Fire Prevention & Safety - Grant

Attachments

Resolution adopted

 
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Transmitting Informational Communication Relative to a Report on Early Release Coordination of City and Private Sector Employees.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to a Report as to the Purposes of the Overtime for the Communications Department and the Status of Staffing of this Department.

Attachments

Referred to Public Safety Committee

 
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
A.

Recommend City Council Adoption of an Amendment Relative to the Sidewalk Snow Removal Ordinance.

Attachments

Referred to Public Works Committee

 
 

8.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

8.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

8.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

8.17

DIVISION OF PUBLIC HEALTH
 

8.18

DIVISION OF ELDER AFFAIRS
A.

Transmitting Informational Communication Relative to Outreach to the Elderly Population on Preventative Measures During Periods of Extreme Cold.

Attachments

Placed on file

 
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Thirty Thousand Dollars And No Cents ($30,000.00) from The Hanover Insurance Group for the Purchase of YA (Young adult) Books and Materials for the Goddard Branch Library.

Attachments

Resolution adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Two Thousand Five Hundred Dollars And No Cents ($2,500.00) From the Wellpoint Foundation for the Purchase of Health Materials for the Goddard Branch Library.

Attachments

Resolution adopted with gratitude

 
C.

Recommend Adoption of a Resolution to Accept a Donation in the amount of Five Thousand Dollars And No Cents ($5,000.00) from the Carnegie-Whitney Grant from the American Library Association for the Welcome to America: A Multimedia Resource Guide for Language, Culture and Citizenship for ESL Students and Educators.

Attachments

Resolution adopted with gratitude

 
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

8.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

8.22

PUBLIC SCHOOL DEPARTMENT
 

8.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
 

8.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the City's Revenues and Expenditures through January for Fiscal Year 2014, per the City's Five Point Plan.

Attachments

Referred to Municipal Operations Committee

 
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Three Hundred Eighty Two Thousand Five Hundred Sixty Seven Dollars And No Cents ($382,567.00) be transferred from Account #91C7804, Citywide Capital Equipment, and be appropriated to Account #50C702, Worcester Public School Capital Equipment, when and as received, for the purchase of School Buses and various technology equipment.

Attachments

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

 
B.

Recommend that One Hundred Six Thousand Eighty Dollars And No Cents ($106,080.00) be transferred from Account #91C7114, Citywide Building Rehabilitation, and be appropriated to Account #26C704, WFD Capital Rehabilitation .

Attachments

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

 
C.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account # 91C7842J, Parks Improvements, and be appropriated to Parks Account # 72C70216, East Park to allow for current and anticipated payments as per the cash flow procedure.

Attachments

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

 
D.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70214, Institute Park to allow for current and anticipated payments as per the cash flow procedure.

Attachments

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

 
E.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account # 91C7844, Park Improvements, and be appropriated to Parks Account # 72C70240, Open Space to allow for current and anticipated payments as per the cash flow procedure.

Attachments

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

 
F.

Recommend that Five Hundred Sixty Thousand Dollars And No Cents ($560,000.00) be transferred as follows: $240,000.00 from Loan Account #91C7132B, and $320,000.00 from Loan Account #91C7133B, Water Mains and the total of $560,000.00 be appropriated to DPW Account #45C720, Water Mains to allow for the payments of current and future obligations.

Attachments

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

 
G.

Recommend that One Hundred Eleven Thousand Nine Hundred Fifty Dollars And No Cents ($111,950.00) be transferred from Loan Account #91C7022B, Land Acquisition, and be appropriated to DPW Account #45C786 - Water Land Acquisition so as to provide necessary funding for this very important land acquisition.

Attachments

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

 
H.

Recommend that Two Hundred Eight Thousand One Hundred Fifty Six Dollars And Eighty Two Cents ($208,156.82) be transferred from Loan Account #91C7344, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment to allow for the purchase and future payment of this Jet Flusher per the cash flow procedure .

Attachments

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

 
I.

Recommend that One Hundred Ninety Five Thousand Dollars And No Cents ($195,000.00) be transferred from Loan Account #91C7450G, 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 10 Yeas and 0 Nays (Palmieri absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Five Thousand One Hundred Thirty Five Dollars and Fifty Cents ($25,135.50) be transferred from Account #330-08, Reserve for Appropriation Premium on Loans, to Account # 660-92000, Treasurers Office Ordinary Maintenance, to fund the costs associated with the issuance of the City of Worcester’s $14,357,500.00 Bond Anticipation Note dated February 12, 2014.

Attachments

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

 
B.

Recommend that Forty One Thousand Two Hundred Dollars And No Cents ($41,200.00) be transferred from Account #260401- 93301, WFD Capital Outlay, and be appropriated to Account #260401-92210, WFD Ordinary Maintenance Other Supplies .

Attachments

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

 
C.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Account #110-92000, City Energy & Asset Management Ordinary Maintenance, and appropriated to Account #110-97000, City Energy & Asset Management Overtime, to fund the remainder of Fiscal Year 2014 .

Attachments

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

 
D.

Recommend that Nine Thousand Four Hundred Forty Two Dollars And No Cents ($9,442.00) be transferred from Account #14S46239, Neighborhood Stabilization Opportunities, and be appropriated to Account #14S47939, Friendly House, to fund additional heating system repairs at the Interfaith Hospitality Network.

Attachments

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

 
E.

Recommend that Thirty Seven Thousand Dollars And No Cents ($37,000.00) be transferred from Account #900-92000, City Manager's Contingency, Ordinary Maintenance, and be appropriated to Account #030-92000, Mayor's Office Ordinary Maintenance, to provide funding for the hiring of an Executive Search Firm, to conduct the search for City Manager candidates.

Attachments

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

 
F.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Account #280-91000, Inspectional Services Salaries, and be appropriated to Account # 280-92000, Inspectional Services Ordinary Maintenance.

Attachments

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

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
9.

COMMUNICATION

9a.

Neal DePasquale, Associate/Project Manager of STV Incorporated, on behalf of the Worcester Regional Transit Authority, transmitting an Environmental Notification Form (ENF) for construction of a proposed new Bus Maintenance and Operations Facility at 40 Quinsigamond Avenue in Worcester, Massachusetts.

Attachments

Placed on file

 

10.

LOAN ORDER TO BE ADOPTED

10a.

That the sum of Fifty One Thousand Dollars And No Cents ($51,000.00) be appropriated to Account #91C7113C, Building Rehabilitation School MSBA, to fund the feasibility study for Nelson Place School, including the costs incidental and related thereto.

Attachments

Loan Order adopted on a roll call vote of 9 Yeas and 0 Nays (Lukes, Palmieri absent)

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

 

11c.

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

 

11d.

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

 

11e.

COMMUNICATION of the City Manager transmitting communication relative to parking meters at Rockwood Field. (Tabled Under Privilege - Eddy December 10, 2013 and Tabled December 17, 2013)

Attachments

No action taken

 

11f.

COMMUNICATION of the City Manager recommending Adoption of an Amendment to the Salary Ordinance. The Proposed Amendment Will Create the Position of Youth Opportunities Office Coordinator for the Public Health Department. (Tabled - Lukes February 25, 2014)

Attachments

Mayor Petty moved for a roll call vote to take the item off the Table - Taken off the Table on a roll call vote of 10 Yeas and 0 Nays. Voted to advertise proposed ordinance on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

11g.

COMMUNICATION of the City Manager recommending Adoption of a Resolution to File and Accept a Donation in the Amount of Fifty Thousand Dollars and No Cents ($50,000.00) from UMass Memorial Health Care's Community Benefits Program, to support the City's Youth Opportunities Office. (Tabled - Lukes February 25, 2014)

Attachments

Mayor Petty moved for a roll call vote to take the item off the Table - Taken off the Table on a roll call vote of 10 Yeas and 0 Nays. Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

11h.

COMMUNICATION of the City Manager recommending that the position of Youth Office Director Pay Grade 40M in the Department of Economic Development Division of Central Mass Workforce be eliminated a new position of Youth Opportunities Office Coordinator Pay Grade 37P, (Non Union) be created, in the Department of Public Health in order to implement the newly constituted Youth Opportunity Office. (Tabled - Lukes February 25, 2014)

Attachments

Mayor Petty moved for a roll call vote to take the item off the Table - Taken off the Table on a roll call vote of 10 Yeas and 0 Nays. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

11i.

COMMUNICATION of the City Manager recommending that One Hundred Two Thousand Seven Hundred Eighty Four Dollars And Thirty Four Cents ($102,784.34) be transferred from Account #04C640, Umass Donation Youth Office, and be appropriated to Account #33S618, Public Health Umass Donation Youth Office, to reallocate funding for the Youth Opportunities Office from the Department of Economic Development to the Division of Public Health. (Tabled - Lukes February 25, 2014)

Attachments

Mayor Petty moved for a roll call vote to take the item off the Table - Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent). Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Councilor Rivera. Chairperson of the Public Health & Human Services Committee, requested the following Report be submitted for consideration: REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending adoption of an Order to Authorize the Filing of Special Legislation that would Change the Board of Health from Advisory to Regulatory: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted on a roll call vote of 8 Yeas and 2 Nays (Yeas - Bergman, Economou, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nays - Gaffney, Lukes) (Palmieri absent) Councilor Rushton moved for reconsideration - Reconsideration denied on a roll call vote of 2 Yeas and 8 Nays (Yeas - Gaffney, Lukes) (Nays - Bergman, Economou, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Palmieri absent)

 

12b.

Motion Toomey @ #8.3A CM – Request City Manager televise all future Opportunities Fairs.

Attachments

Order adopted

 

12c.

Motion Toomey @ #8.4A CM – Request City Manager consider including commercial property in the Buy Worcester Now Program.

Attachments

Order adopted

 

12d.

Motion Bergman @ #8.4A CM – Request City Manager publish the Buy Worcester Now Program in multiple languages and, further distribute this through appropriate organizations.

Attachments

Order adopted Councilor Economou moved to amend to “distribute the multilingual materials through community churches”. The motion would read as follows: Request City Manager publish the Buy Worcester Now Program in multiple languages and further, distribute this multilingual materials through appropriate organizations and community churches.

 

12e.

Motion Bergman @ #8.4A CM – Request City Manager consider working with Worcester Chamber of Commerce to supplement the Buy Worcester Now Program with the Chamber’s resources.

Attachments

Order adopted

 

12f.

Motion Russell @ #8.4A – Request City Manager consider focusing the Buy Worcester Now program in RG-5 (Triple Decker) neighborhoods.

Attachments

Order adopted

 

12g.

Motion Rosen @ #8.4B CM – Request City Manager add the Tatnuck Square Redevelopment Project to the Quarterly Economic Development Report.

Attachments

Order adopted

 

12h.

Motion Rivera @ #8.4B CM – Request City Manager create a focus group familiar with the Queen St. Triage Center and have this group meet with the Standing Committee on Public Health and Human Services.

Attachments

Order adopted

 

12i.

Motion Bergman @ #9a CC – Request City Manager provide City Council the plans concerning the building for the proposed new Bus Maintenance and Operations Facility at 40 Quinsigamond Ave. and report whether or not the community will be involved in the decision making of the design for this building.

Attachments

Order adopted

 

12j.

Motion Toomey and Palmieri – Suspension of Rules – Request City Manager provide City Council with an update relative to the North Lake Ave. single lane road configuration.

Attachments

Order adopted

 

12k.

Motion Russell – Suspension of Rules – Request City Manager consider enlarging the existing “No Left Turn” where vehicles/trucks exit the CSX site onto Grafton St. and enlarge the traffic lane advisory signs in Grafton St. and further, provide enforcement of traffic regulations in this area.

Attachments

Order adopted Mayor Petty moved to amend: Further, request City Manager contact CSX and request they inform their truck drivers of traffic regulations when exiting into Grafton St.

 

12l.

PETITION – Councilor Gary Rosen request installation of a traffic sign on Moreland St. warning drivers that a bad curve hides traffic entering on the right from Old Brook Rd.

Attachments

Referred to Traffic and Parking Committee

 

12m.

PETITION – Councilor Tony Economou and Councilor Kathleen M. Toomey on behalf of Chaz Harris request installation of two “School Zone – Slow” signs in each direction of Grove St. near Forest Grove Middle School in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

12n.

PETITION – Councilor Sarai Rivera on behalf of Mary Reyes-Colon request installation of Resident Permit Parking in Chatham St. between Oxford St. and Crown St.

Attachments

Referred to Traffic and Parking Committee

 

12o.

PETITION – Councilor Sarai Rivera on behalf of Mary Reyes-Colon request installation of Resident Permit Parking in Oxford St. between Pleasant St. and Chatham St.

Attachments

Referred to Traffic and Parking Committee