CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 16, 2012

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 7:54 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 Councilors Eddy, Lukes, O’Brien, and Rushton. Councilors Lukes, O’Brien and Rushton arrived at 7:09 P.M. and Councilor Eddy arrived at 7:21 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 2, 2012.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following person who spoke to items on the agenda: 1. Dante Camparetto, Worcester resident

 

5b.

Mayor Petty read a Proclamation declaring the week of October 15th as Worcester Roundtable on Youth Homelessness Survey Week and presented it to Dr. Laurie Ross, Ann Bureau and Katherine Calano a student from Clark University.

Attachments

 

5c.

Mayor Petty read a Proclamation declaring October 21, 2012 as Making Strides Against Breast Cancer Walk Day and presented it to Dottie Hargrove accompanied by Patricia Mallios from the American Cancer Society.

Attachments

 

5d.

Mayor Petty read a Proclamation declaring October 16, 2012 as the American Antiquarian Society Bicentennial Day honoring its 200th Bicentennial Anniversary and presented it and a Key to the City to President Ellen Dunlap accompanied by Executive Vice-President for External Affairs Matthew Shakespeare and Bicentennial Coordinator Abby Hutchinson.

Attachments

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Curtis Alexander et al request sidewalk repair in front of 35 Haynes St.

Attachments

Referred to Public Works Committee

 

7b.

Karen Bird request installation of a handicap parking space in front of 4 Chelsea St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request to rescind the prohibition of parking along the east side of Lee St. in vicinity of property known as 37 Lee St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request installation of a handicap parking space near walkway to entrance of 37 Lee St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Alfredo DiMauro, Jr. on behalf of Worcester Polytechnic Institute request to rescind the prohibition of parking along the southern side of Institute Rd. along the property known as 37 Lee St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

State Representative John Fresolo request to amend the Resident Sticker Parking ordinance to exempt individuals with HP designated zones in front of their property to park their HP plate or placard vehicle in that zone from the requirement that they obtain a residents parking permit.

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 Appointment of Cedric Arno to the Worcester Arts Council.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Karen L. Manson to the Advisory Committee on the Status of Women.

Attachments

Confirmed on a roll call vote of 9 Yeas and 0 Nays (Eddy, Rivera absent)

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend City Council Accept with Gratitude Donations from Altus Dental, The Wellness Corporation and Clifford and Rano Associates to Support the Eleanor Riik Award Ceremony.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Relative to the October 2012 City Hall Employee of the Month - Eugenia Pantos.

Attachments

Placed on file

 
C.

Recommend Approval of Salary Ordinance Amendment to Create the Position of Data Analyst - Computer Support Specialist for the Worcester Fire Department. Refer to CCM Item 8.29B

Attachments

Voted to advertise proposed ordinance on a roll call vote of 9 Yeas and 0 Nays (Eddy, Germain absent)

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to Public Outreach Efforts for the Worcester Energy - Residential Rebate Program.

Attachments

Referred to Economic Development Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to Massachusetts Department of Transportation Proposed Lincoln - Highland - Pleasant Street Corridor Improvement Project.

Attachments

Referred to Traffic and Parking Committee

 
 

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 City's Sidewalk Snow and Ice Removal Ordinance.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the 2012 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
A.

Transmitting Informational Communication Relative Fiscal Year 2012 Abatement Period Process.

Attachments

Referred to Municipal Operations Committee

 
 

8.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
 

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 Fifty Six Thousand Three Hundred Twenty Dollars And Five Cents ($56,320.05) be transferred from Loan Account # 91C7312A, Water Capital Equipment, and be appropriated, when and as received, to Account # 45C703, Water Capital Equipment, to allow for the purchase and future payment of equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain, O'Brien absent)

 
B.

Recommend that Eighty Two Thousand Five Hundred Twenty Nine Dollars And No Cents ($82,529.00) be transferred from Loan Account # 91C7343A, Sewer Capital Equipment, and be appropriated, when and as received, to Account # 44C704, Sewer Capital Equipment, to allow for the purchase and future payment of equipment.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain & O'Brien absent)

 
C.

Recommend that Twenty Nine Thousand Six Hundred Three Dollars And No Cents ($29,603.00) be transferred from Loan Account #91C7803A, Citywide Capital Equipment, and be appropriated, when and as received, to Parks Account #72C701, Parks Capital Equipment, to allow for the purchase and future payment of a pick-up truck.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain & O'Brien absent)

 
D.

Recommend that Three Thousand Seven Hundred Three Dollars And Fifty Cents ($3,703.50) be transferred from Loan Account #91C7802A, Capital Equipment, and be appropriated, when and as received, to Account #41C703, DPW Capital Equipment, to allow for the purchase and future payment of the garage tool.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain & O'Brien absent)

 
E.

Recommend that Twenty Four Thousand Two Hundred Fifty Dollars And No Cents ($24,250.00) be transferred from Account #91C7803A, Citywide Capital Equipment, and be appropriated, when and as received, to Account #15C701, Election Capital Equipment, for the purchase of voting booths.

Attachments

Order adopted on a roll call vote of 9 Yeas and 0 Nays (Germain & O'Brien absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Million Four Hundred Forty Three Thousand Eight Hundred One Dollars And Eighty Cents ($1,443,801.80) be transferred from Account # 359-75, Reserve Rev Airport OPEB, and be appropriated to Account #04T803, OPEB Trust Reserve.

Attachments

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

 
B.

Recommend that the Fiscal Year 2013 Table of Authorized Positions for the Worcester Fire Department be Amended so as to Establish One (1) Data Analyst/Computer Support Specialist Position. Furthermore, Recommend that Fifty Two Thousand Dollars And No Cents ($52,000.00) currently available in Account #260-91000, Fire Personal Services, be Re-appropriated to Fund this Position. Refer to CCM Item 8.3C

Attachments

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

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
A.

Recommend the adoption of a Loan Order in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00) be appropriated to Account #91C7163A, Union Station Capital Equipment, to fund the purchase of equipment for Union Station.

Attachments

Voted to advertise proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays

 
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
9.

RECESS TO FINANCE COMMITTEE

9a.

#10a CC June 19, 2012 Communication of the City Auditor transmitting Auditor's Report for May 2012.

Attachments

No action taken

 

9b.

#13a CC July 17, 2012 Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee, transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings.

Attachments

No action taken

 

10.

TO BE ORDAINED

10a.

Amending the Salary Ordinance of August 20, 1996 – Occupational Group W – Miscellaneous - Election Commissioner Assistant.

Attachments

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

 

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 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

 

11b.

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

 

11c.

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

 

11d.

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

 

11e.

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

 

11f.

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

 

11g.

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

Attachments

No action taken

 

11h.

COMMUNICATION of the City Manager transmitting informational communication relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 2012)

Attachments

No action taken

 

11i.

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

 

11j.

ORDER of Councilor Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

Attachments

No action taken

 

11k.

COMMUNICATION of the City Manager transmitting informational communication relative to the Worcester Regional Research Bureau. (Tabled - Russell September 18, 2012)

Attachments

No action taken

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Petty @ #8.5A CM – Request City Manager provide City Council the actual plans for Lincoln, Highland, Pleasant Corridor Improvement Project.

Attachments

Order adopted

 

12b.

Motion Russell @ #8.23A CM – Request City Manager provide details as to what kind of applications for commercial property over a certain size were granted versus granted residential requests. Further, request a report as to whether the city has learned anything from this year’s abatement process.

Attachments

Order adopted

 

12c.

Motion Petty @ #8.23A CM - Request City Manager report the balance in the overlay account after abatements and further, request City Manager arrange to have the Appellate Tax Board meet in Worcester for abatement hearings.

Attachments

Order adopted

 

12d.

PETITION – Councilor Tony Economou on behalf of Derek Lundstrom request removal of the resident permit parking be removed in East Central St. from Ford St. to Eastern Ave.

Attachments

Referred to Traffic and Parking Committee

 

12e.

PETITION – Councilor Tony Economou request Clarence St. be resurfaced.

Attachments

Referred to Public Works Committee

 

12f.

PETITION – Councilor Tony Economou request the intersection of Otsego and Monadnock Roads be resurfaced.

Attachments

Referred to Public Works Committee

 

12g.

Motion Palmieri – Suspension of Rules – Request City Manager report to City Council the funding and installation of a blinking pedestrian light at the crosswalk in the vicinity of 50 Shrewsbury St.

Attachments

Order adopted

 

12h.

Motion Rivera – Suspension of Rules - Request City Manager schedule a second meeting relative to federal block grant funding to allow the residents to participate and give feedback to the city concerning neighborhood needs and further, request the survey be extended by two weeks.

Attachments

Order adopted

 

12i.

Motion Rivera – Suspension of Rules – Request City Manager have the Problem Property Team review the property at 439 Park Avenue at West Oberlin St. and report to City Council their findings. (Rivera)

Attachments

Order adopted

 

12j.

Motion Rivera – Suspension of Rules - Request City Manager have the Worcester Police Department provide enforcement of the crosswalks in Murray Ave. in vicinity of Murray Apartments.

Attachments

Order adopted

 

12k.

Motion O’Brien – Suspension of Rules - Request City Manager provide City Council with a print out of violations at the property at 439 Park Avenue at West Oberlin St.

Attachments

Order adopted

 

12l.

Motion Palmieri – Suspension of Rules – Request City Manager reach out to local colleges and request student volunteers to help expand the existing “Tutorial Program” at Plumley Village that is currently assisted by Holy Cross students only on Mondays.

Attachments

Order adopted

 

12m.

Motion Rushton & Economou – Suspension of Rules – Request City Manager request the Police Chief provide police surveillance in West Boylston St. in vicinity of Quinsigamond Community College to prevent further vandalism to the businesses in this area.

Attachments

Order adopted

 

12n.

Motion Russell – Suspension of Rules - Request City Manager arrange to have customer service staff (508-929-1300) available on those Saturdays when Friday trash pick up is pushed to Saturdays because of holidays.

Attachments

Order adopted