CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 27, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:10 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

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilors Palmieri and Rushton. Councilor Palmieri arrived at 7:08 P.M. and Councilor Rushton arrived at 7:09 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 October 13, 2015.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

PRESENTATION – Mayor Petty presented a Letter of Recognition and a Key to the City to Sam Kazarian who operated a Barber Shop at 219 Chandler St. for 61 Years.

 

5b.

Mayor Petty recognized the following Speakers:
1. Ronal Madnick, Worcester resident
2. Susan McLaughlin, Stow resident
3. William Breault, Worcester resident
4. Pat Yancey, Holden resident
5. Idalla Hazard, Worcester resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

William Sylvester and Paul Towler request the BG-2 zone be extended to include the entire parcel at 1023 Main St., the American Legion Main South Post 341.

Attachments

Referred to Planning Board

 

7b.

William S. Coleman III request City Council request City Administration reach out to companies looking to establish manufacturing plants in Central Massachusetts to request they consider coming to Worcester.

Attachments

Petitioner spoke during Items of Public Interest - Referred to Economic Development Committee

 

7c.

Ronal Madnick request City Council adopt M.G.L. Chapter 111, Section 215, a pilot program for exchange of needles.

Attachments

Petitioner spoke - Referred to Public Health and Human Services Committee

 

7d.

Jo Hart request the Standing Committee on Public Health & Human Services schedule and hear my request: "Petition of Jo Hart request the Mayor immediately hold a full and well publicized public meeting with the full city government and Police Chief, mediated by the Commissioner of Public Health to explore and improve current city initiatives for and against Worcester's homeless population with a full question and answer between the public and city officials." that has been pending before Committee since February 10, 2015, which is a duplicate request made by me in 2013.

Attachments

Petitioner spoke - Referred to Public Health and Human Services Committee

 

7e.

Jo Hart request City of Worcester convene a new transportation public meeting, inviting all college students and Bolt Bus and Megabus officials to figure out the best way to have those buses stop by Worcester on their way to and from New York, perhaps just early outbound/late inbound Friday and Saturday to start, and then increase to seven days.

Attachments

Petitioner spoke - Referred to Public Service and Transportation Committee

 

7f.

Jo Hart request the City Council and the City Manager (the default co-chair of the Worcester Regional Transit Authority Advisory Board) to disclose what is happening for a necessary nationwide search for a new administrator of the WRTA to replace Steve O'Neil, who left earlier this summer, and for the City Manager to institute this immediate overdue search for a much needed new administrator.

Attachments

Petitioner spoke - Referred to Public Service and Transportation Committee

 

7g.

Daisy Ramirez request street light be installed in front of 19 Gloucester Rd.

Attachments

Referred to Public Service and Transportation Committee

 

7h.

Tanya Tamba request street repair in front of 19A Sigourney St.

Attachments

Referred to Public Works Committee

 

7i.

Thomas Quinn request abatement of street betterment assessment #25401 in the amount of $17,950.80 for Sierra St.

Attachments

Referred to Public Works Committee

 

7j.

Stephanie & James Duca request sidewalk repair from #127 Longfellow Rd. to the corner of Longfellow & Commodore Rd.

Attachments

Referred to Public Works Committee

 

7k.

Robert Brady request the sidewalk in front of driveway entrance in front of 21 Abington St. be repaired.

Attachments

Referred to Public Works Committee

 

7l.

David Murphy request the driveway apron on the Randall St. side of 580 West Boylston St. be repaved.

Attachments

Referred to Public Works Committee

 

7m.

Bruce Trotto request abatement of street betterment assessment #25415 in the amount of $5,847.00 for McRae Ct.

Attachments

Referred to Public Works Committee

 

7n.

Sibel Tziarbas request the handicap parking space in front of 11 Hudson St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

7o.

Natalie Rodriguez request the existing resident permit parking on the east side of West St. near Institute Rd. be extended to Elbridge St. and to install resident permit parking on the west side of West St. from Institute Rd.to #142 West St.

Attachments

Referred to Traffic and Parking Committee

 

7p.

Angela Rudy request installation of handicap parking space in front of 149 Ingleside Ave.

Attachments

Referred to Traffic and Parking Committee

 

7q.

EVERSOURCE for a gas main location in: MAIN STREET

Attachments

Hearing set for November 10, 2015 - 7:00 P.M.

 

7r.

John Provost request city review the newly installed solar-powered pedestrian crossing signal box at Murray Ave. Apartments as to location of the box on the pole, because of it's potential hazard to children who are not paying attention and could result in injuries and relocate to a safer place on the pole.

Attachments

Petitioner spoke - Referred to City Manager

 

7s.

William S. Coleman III request City Council request City Administration give an update on free transportation on November 3rd, Municipal Election Day, to polling places for voters.

Attachments

Petitioner spoke - Referred to Board of Election Commissioners

 

7t.

William S. Coleman III request City Council invite former City Manager Thomas R. Hoover back to Worcester for unveiling of his portrait placed in City Hall from and by local citizens who want to thank him for his years of service to the City.

Attachments

Petitioner spoke - Referred to Public Works Committee

 

7u.

William S. Coleman III request City Council work with City Administration and Worcester Historical Society to place bio's of former Mayors next to their portraits on City Hall walls.

Attachments

Petitioner spoke - Referred to City Clerk

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend the appointment of Robert Bureau to the Commission on Disabilities.

Attachments

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

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend adoption of a salary ordinance amendment to allow for an increase in the flat rate pay for the City's Snow Inspectors and Snow Supervisors, in line with recently enacted salary increases for Local 495 personnel.

Attachments

Voted to advertise proposed ordinance

 
B.

Recommend adoption of a salary ordinance amendment to allow for an increase in the flat rate pay for the City's Snow Customer Service Representatives, in line with recently enacted salary increases for Local 170 personnel.

Attachments

Voted to advertise proposed ordinance

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
A.

Transmitting informational communication relative to the replacement of the Belmont Street bridge over I-290.

Attachments

Placed on file

 
B.

Recommend adoption of an Order of Taking for a permanent easement at 456 Franklin Street.

Attachments

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

 
C.

Transmitting communication relative to FY16 Sidewalk Rehabilitation Program.

Attachments

Referred to Public Works Committee

 
D.

Transmitting communication relative to the Residential Resurfacing Program for FY17 and FY18.

Attachments

Referred to Public Works Committee

 
 

8.7

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 July 2015.

Attachments

Referred to Public Works Committee

 
B.

Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of August 2015.

Attachments

Referred to Public Works Committee

 
C.

Transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the month of September 2015

Attachments

Referred to Public Works Committee

 
D.

Transmitting informational communication relative to the Construction Progress Report for the month ending September 30, 2015

Attachments

Referred to Public Works Committee

 
E.

Transmitting informational communication relative to the 2015 Fall Leaf Collection Program.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
 

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
 

8.19

WORCESTER PUBLIC LIBRARY
 

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 August for Fiscal Year 2016, per the City's Five Point Plan.

Attachments

Referred to Municipal Operations Committee

 
 

8.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.29

FINANCE ITEMS
Capital Transfers
A.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #91C7802A, Capital Equipment Citywide, to Account #26C701, WFD Capital Equipment, when and as received, for the purchase of a ladder truck from the Town of Auburn.

Attachments

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

 
B.

Recommend that Twenty Four Thousand Three Hundred Seventy Three Dollars And Ten Cents ($24,373.10) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of this equipment.

Attachments

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

 
C.

Recommend that Eighty Seven Thousand Two Hundred Sixty Five Dollars And No Cents ($87,265.00) be transferred from Loan Account #91C734A, Sewer Capital Equipment, and be appropriated to DPW Account #44C704, Sewer Capital Equipment, when and as received, to allow for the purchase and future payment of this equipment.

Attachments

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

 
D.

Recommend that One Hundred Fifty Thousand Four Hundred Eight Dollars And No Cents ($150,408.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of a vehicle and equipment.

Attachments

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

 
E.

Recommend that Thirteen Thousand Seven Hundred Eighty Nine Dollars And Twenty Seven Cents ($13,789.27) be transferred from Account #91C774, Civic Center Capital Equipment, and be appropriated to Account #75C701, Civic Center Equipment, when and as received, for the purchase of a Popcorn Popper, John Deere Snow Blower, and a Broadcast Spreader.

Attachments

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

 
F.

Recommend that Four Hundred Nine Thousand Six Hundred Ninety Five Dollars And Ninety Two Cents ($409,695.92) be transferred as detailed, to allow for payment of current and future obligations.

Attachments

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

 
 

8.30

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to retroactively file and accept a Sustainable Materials Recovery Program (SMRP) grant for up to Sixty Eight Thousand Dollars And No Cents ($68,000.00).

Attachments

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

 
B.

Recommend adoption of an amended resolution to file and accept an Assistance to Firefighters Grant (AFG) from the Federal Emergency Management Agency (FEMA) in the amount of Fifty Six Thousand Four Hundred and Eighteen Dollars and No Cents ($56,418.00).

Attachments

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

 
C.

Recommend adoption of a resolution to apply for, accept and expend approximately Forty One Thousand Dollars And No Cents ($41,000.00) for the Worcester Senior Centers' Falls Prevention Initiative.

Attachments

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

 
D.

Recommend adoption of a resolution to accept donations from ALPHA Restaurant Equipment and The Home Depot respectively valued at more than Eight Thousand Dollars and No Cents ($8,000.00) as well as Eight Hundred Dollars and No Cents ($800.00) for use at the Grove Street Fire Station.

Attachments

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

 
E.

Recommend adoption of an order to accept a Public Art Easement from 133 Chandler Street and a related order to accept a gift of a mural by the Worcester Common Ground Corporation.

Attachments

Two (2) Orders adopted on a roll call vote of 11 Yeas and 0 Nays

 
F.

Recommend adoption of a resolution to apply for, accept, and expend funding in an amount up to Two Hundred Twenty Five Thousand Dollars and No Cents ($225,000.00) from the State Workforce Competitiveness Trust Fund FY16 Appropriation, to provide career pathway training to area residents in manufacturing.

Attachments

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

 
G.

Recommend adoption of a resolution to file and accept a Health and Medical Coordinating Coalition Grant from the Massachusetts Department of Public Health in the amount of One Hundred Nine Thousand Eight Hundred Fifty Seven Dollars And No Cents ($109,857.00).

Attachments

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

 
H.

Recommend adoption of a resolution to file and accept funds from the Massachusetts Executive Office of Public Safety and Security through its 2016 Senator Charles E. Shannon Jr. Community Safety Initiative in an amount of Five Hundred Thirty Three Thousand Six Hundred Seventy Six Dollars And Forty Eight Cents ($533,676.48).

Attachments

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

 
 

8.31

FINANCE ITEMS
Operational Transfers
 

8.32

FINANCE ITEMS
Prior Year
A.

Recommend that Nine Hundred Seventy Seven Dollars And No Cents ($977.00) be approved to allow these obligations to be met with Fiscal Year 2016 funds.

Attachments

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

 
B.

Recommend that One Thousand One Hundred Four Dollars and Fifty Three Cents ($1,104.53) be authorized from Account #043-92112, Office of Economic Development, for payment of prior year invoices.

Attachments

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

 
 

8.33

FINANCE
Loan Orders
 

8.34

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to the October 31st list of activities celebrating Fall Festival.

Attachments

Placed on file

 
9.

RECESS TO FINANCE COMMITTEE

9a.

#8.23A June 9, 2015 Communication of the City Manager transmitting informational communication relative to an estimated assessor's tax recap using the proposed FY16 tax levy with current real estate assessed values and actual FY15 assessed values.

Attachments

No action taken

 

9b.

#8.28A June 9, 2015 Communication of the City Manager transmitting informational communication relative to the Bond Anticipation Notes (BAN) rating.

Attachments

No action taken

 

9c.

#9.24A June 23, 2015 Communication of the City Manager transmitting informational communication relative to the FY16 Capital Improvement Plan.

Attachments

No action taken

 

10.

COMMUNICATION

10a.

Robert V. Stearns, City Auditor, transmitting communication regarding an audit of the administration of the Prevention and Wellness Trust Fund (PWTF) grant for all eleven organizations receiving funds.

Attachments

Councilor Lukes moved to Table this item Under Privilege. Tabled Under Privilege - Lukes

 

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 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 and Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

11c.

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

 

11d.

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

Attachments

No action taken

 

11e.

COMMUNICATION of the City Manager transmitting informational communication relative to the number of properties in areas surrounding Holy Cross, Clark University, Becker College and WPI that are listed as having true four-bedroom units. (Tabled - Bergman August 19, 2014)

Attachments

No action taken

 

11f.

PETITION of Frank Kartheiser et al on behalf of the Worcester Community-Labor Coalition request City Council hold public hearings starting in October on charter change and that at the conclusion of the hearings the Council takes a vote on holding an election to let the voters decide Worcester's future form of government. (Tabled Under Privilege - Lukes August 19, 2014 and Tabled - Petty September 16, 2014)

Attachments

No action taken

 

11g.

COMMUNICATION of the City Manager recommending approval of Legislation to Impose a Fine on Motorists that Damage a Bridge that is marked with a Height Restriction. (Tabled - Bergman December 2, 2014)

Attachments

No action taken

 

11h.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

Attachments

No action taken

 

11i.

ORDER of Councilor Morris A. Bergman - Request City Manager provide information from the City Solicitor as to what steps are available to enforce breaches of the Services Agreement with Laz Parking Limited, LLC in regards to City owned parking garages, specifically the Federal Plaza Parking Garage. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

Attachments

No action taken

 

11j.

ORDER of Councilor Morris A. Bergman, Councilor Tony Economou and Councilor George J. Russell - Request City Manager provide information from the City Assessor, Chief Financial Officer and City Solicitor as to the assessed real property values of all City owned parking garages, the amount of debt, if any, the anticipated repairs and/or capital improvements costs for fiscal year(s) 2015/2016 and the existing lease commitments/terms for spaces in these garages. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

Attachments

No action taken

 

11k.

REPORT OF THE COMMITTEE ON FINANCE Upon the Order of Councilor Michael T. Gaffney request City Manager consider amending the Five Point Financial Plan to require that any increases in local aid received from the Commonwealth be assigned to the Other Post Employment Benefit Trust Fund: recommend Order be placed on file. (Tabled - Gaffney June 16, 2015)

Attachments

No action taken

 

11l.

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015)

Attachments

No action taken

 

11m.

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor provide City Council with a report concerning the status of the Home Rule Petition draft to aid Joseph Tortorelli as a result of errors made by the city of Worcester in applying tax payments. (Tabled - Bergman September 29, 2015)

Attachments

No action taken

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Lukes @ #8.6A CM - Request City Manager arrange to have public service announcements concerning the closing of westbound 1-290 ramp at Belmont St.

Attachments

Order adopted

 

12b.

Motion Lukes @ #8.30C CM - Request City Manager provide City Council with the contract concerning the Worcester Senior Centers’ Falls Preventive Initiative to review goals and expected outcomes.

Attachments

Order adopted

 

12c.

Motion Rosen – Suspension of Rules – Request City Council suspend its rules to include on the November 10, 2015 council agenda, as a reasonably anticipated item, a Report from the Youth, Parks and Recreation Committee regarding the City Manager’s recommendation for approval of a proposed amendment to the Conservation Restriction at Green Hill Park, item #8.8C on the City Council agenda for October 13, 2015.

Attachments

Order adopted

 

12d.

Motion Economou – Suspension of Rules - Request City Manager provide City Council with an updated construction progress report relative to Lincoln St.

Attachments

Order adopted

 

12e.

Motion Economou – Suspension of Rules - Request City Manager provide City Council with an update regarding the Shore Dr. realignment project.

Attachments

Order adopted

 

12f.

Motion Toomey – Suspension of Rules – Request City Manager provide an updated report relative to the Lake Ave. North road repair and further, request a coordinated effort with the nearby state construction project regarding relocating of materials.

Attachments

Order adopted

 

12g.

Motion Toomey – Suspension of Rules – Request City Manager consider requiring a training program and oversight for those applying for grant funding.

Attachments

Order adopted

 

12h.

PETITION – Councilor Sarai Rivera request installation of a new crosswalk in Main St. at Richards St.

Attachments

Referred to Traffic and Parking Committee

 

12i.

Motion Rivera – Suspension of Rules – Request City Manager have the lights reviewed around the Boys and Girls Club on Tainter St. for public safety reasons.

Attachments

Order adopted

 

12j.

Motion Rivera – Suspension of Rules – Request City Manager arrange for immediate repair of street lights in Hacker St. for public safety reasons.

Attachments

Order adopted

 

12k.

Motion Russell – Suspension of Rules – Request City Manager consider publicizing the lighting ceremony scheduled for November 1, 2015 regarding the unveiling of the improvements to the Lake Quinsigamond Bridge.

Attachments

Order adopted

 

12l.

Motion Petty – Suspension of Rules – That City Council accepts the informational communication from the City Clerk relative to notifying council of the schedule regarding the process for filling the two vacancies on the Library Board of Directors on December 1, 2015.

Attachments

Order adopted