CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 27, 2012

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:54 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 & STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

2.

MOMENT OF SILENCE – at the request of the Mayor, to honor Robert J. O’Keefe, former City Clerk who served as Worcester City Clerk for 45 years and passed on November 21, 2012.

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilors Lukes and Palmieri who both arrived at 7:06 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 November 13, 2012.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS

5a.

COMMUNICATION of City Manager transmitting for City Council's review and information a copy of the Housing Market Study, as prepared by RKG Consultants, the Analysis of Impediments to Affordable Housing, as prepared by 12 Community Development Consulting, Inc. and a recommended Housing Strategy, as prepared by the Executive Office of Economic Development. (Tabled Under Privilege - O'Brien October 23, 2012) (Tabled Under Privilege - Eddy October 30, 2012) (Held - Petty November 13, 2012 & November 20, 2012).

Attachments

Chief Development Officer Timothy McGourthy provided a Presentation for City Council. Mayor Petty recognized the following persons who spoke: 1. Steven Teasdale, Worcester resident 2. William Breault, Worcester resident 3. Keith Scott, Worcester resident 4. Mullen Sawyer, Rutland resident 5. Jo Hart, Worcester resident Referred to Economic Development Committee

 

6.

ITEMS OF PUBLIC INTEREST

6a.

At the request of Councilor Economou, Mayor Petty invited Scott Fair and David Gallagher to present a power-point presentation of the recent Civil War Reenactment that occurred at Green Hill Park on October 11 - 14, 2012.

 

6b.

Mayor Petty recognized the following person who spoke:
1. William Breault

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7a.

Mayor Petty invited the City Manager to say a few words regarding the recent major water main break that occurred in Chandler St. on November 11, 2012. The Mayor recognized the presence of Konstantin Eliadi, Michael Daigneault, Michael Ferguson, Arthur Korp, John Iwanow, Philip Guerin, Philip Gagnon, John Lemorese, Ellen Dalbeck and Joshua Martunas and employees of the Department of Public Works and Parks and instrumental in repairing this water main and restoring water service to a speedy resolution.

 

8.

PETITIONS

8a.

Thomas Kyros request sidewalk repair in front of 447 Chandler St.

Attachments

Referred to Public Works Committee

 

8b.

Mayor Joseph M. Petty on behalf of Gary Cipro request to install a handicap parking space in front of 66 Rich St.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Michelle Santiago request to remove handicap parking space in front of 23 Perry Ave.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Alfred Mero request "No Parking" signs be installed in Shrewsbury St. from Mulberry St. to the exit from Mt. Carmel Apartments.

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 Reappointments of Amanda Riik and Christina Zlody to the Worcester Arts Council.

Attachments

Placed on file

 
 

9.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reappointment of Calvin Hill to the Affirmative Action Advisory Committee.

Attachments

Confirmed on a roll call vote of 7 Yeas and 0 Nays (Germain, O'Brien, Palmieri, Rushton absent)

 
B.

Transmitting Informational Communication Relative to the Reappointment of William Spellane to the Cable Television Advisory Committee.

Attachments

Confirmed on a roll call vote of 7 Yeas and 0 Nays (Germain, O'Brien, Palmieri, Rushton absent)

 
C.

Transmitting Informational Communication Relative to the Appointment of Linda Parham 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 Lawrence Abramoff to the Zoning Board of Appeals.

Attachments

Confirmed on a roll call vote of 7 Yeas and 0 Nays (Germain, O'Brien, Palmieri, Rushton absent)

 
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to the Annual City Hall Thanksgiving Food Drive.

Attachments

Placed on file

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of a Resolution to Designate Parcels within the South Worcester Industrial Park Site Specific Economic Opportunity Areas.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to Public Process for Fiscal Year 2013-2014 Community Development Block Grant Program.

Attachments

Referred to Public Health and Human Services Committee

 
C.

Recommend Adoption of an Ordinance Concerning the Compensation of the Cultural Development Officer.

Attachments

Mayor Petty on behalf of Councilor Rushton moved to Table the item Under Privilege. Tabled Under Privilege - Rushton

 
D.

Recommend Adoption of the Attached Resolutions to File an Application to Designate 15 Coppage Drive as a Site Specific Economic Opportunity Area and a Certified Project.

Attachments

Referred to Economic Development Committee

 
E.

Transmitting Informational Communication Relative to Programs and Services Offered by the City's Executive Office of Economic Development, Division of Business Assistance.

Attachments

Placed on file

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Transmitting Informational Communication Relative to the City's Winter Parking Ban and Outreach Efforts to Inform the Public.

Attachments

Placed on file.

 
 

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.

Recommend City Council Accept with Gratitude a Donation from the Massachusetts Interscholastic Athletic Association for Rockwood Field.

Attachments

Resolution adopted with gratitude

 
B.

Recommend City Council Accept with Gratitude a Donation from the Massachusetts Interscholastic Athletic Association, Inc. for Tivnan Field located at Lake Park.

Attachments

Resolution adopted with gratitude

 
C.

Recommend City Council Accept with Gratitude a Donation in Memory of Dan Rosetti for the Green Hill Golf Course Jr. Golf Program.

Attachments

Resolution adopted with gratitude

 
D.

Recommend City Council Accept with Gratitude a Donation from Skyhawks Sports Academy, Inc.

Attachments

Resolution adopted with gratitude

 
E.

Transmitting Informational Communication Relative to Public Hearings for the Open Space and Recreation Plan.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

9.9

FIRE DEPARTMENT
A.

Recommend City Council Accept with Gratitude a Donation in the Amount of One Hundred Dollars and No Cents ($100.00) from the Highland House.

Attachments

Order adopted with gratitude

 
 

9.10

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to the Real Time Crime Center.

Attachments

Councilor Lukes moved to hold until next meeting for a presentation from the Police Department. Councilor Eddy moved to Place on file. Mayor Petty moved for a roll call to Place on file - Approved on a roll call vote of on a roll call vote of 7 Yeas and 1 Nay (Yeas - Economou, Eddy, Palmieri, Rivera, Russell, Toomey, Petty) (Nay - Lukes) (Germain, O'Brien, Rushton absent). Placed on file

 
B.

Recommend Adoption of a Resolution to File and Accept a FFY 2013 Traffic Enforcement Grant from the Massachusetts Executive Office of Public Safety and Security.

Attachments

Resolution adopted

 
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
A.

Recommend Adoption of Ordinance Amending Chapter 8 of the Revised Ordinances to Conform the Licensing and Regulation of Dogs, Cats, and Ferrets to State Law.

Attachments

Voted to advertise proposed ordinance

 
 

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
 

9.19

WORCESTER PUBLIC LIBRARY
A.

Recommend City Council Accept with Gratitude a Gift of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) from UniBank for the Purchase of "AfterSchool Edge" computer programs.

Attachments

Resolution adopted with gratitude

 
 

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
A.

Transmitting Informational Communication Relative to the Fiscal Year 2013 Tax Classification Hearing.

Attachments

Mayor Petty moved to hold for one of the First Items of Business and have the Tax Classification Hearing on December 4, 2012 at 7:30 P.M. First Item of Business & hold for Tax Classification Hearing on December 4, 2012 at 7:30 P.M.

 
 

9.28

FINANCE ITEMS
Capital Transfers
A.

Respectfully request Three Hundred Sixty Four Thousand Six Hundred Twenty Two Dollars and No Cents ($364,622.00) be transferred when and as received from Account #91C7802A, Capital Equipment, to Account #55C701, Library Equipment, for Automated Materials Handling Project at the Worcester Public Library.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
B.

Recommend that Fifty Thousand Six Hundred Forty Dollars And No Cents ($50,640.00) be transferred from Loan Account #91C7343A, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
C.

Recommend that Eleven Thousand One Hundred Fifty Dollars And No Cents ($11,150.00) be transferred from Loan Account #91C780, Citywide Capital Equipment, and be appropriated to Account #72C701, Parks Capital Equipment, for the purchase and future payment of these capital equipment items.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
D.

Recommend that Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account #91C7413G, Street Construction, and be appropriated to Account #41C774, Providence/Winthrop/Heywood Streets, to allow for the payment of current and future engineering service obligations per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
E.

Recommend that Seventeen Thousand Dollars And No Cents ($17,000.00) be transferred from Loan Account #91C784, Park Improvements, and be appropriated to Parks Account #72C70209, Farber Field, to allow for the payment of current obligations.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
F.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Account #75C504, DCU Special District Financing, and be appropriated to Account #75C704, DCU Special District Financing, to pay for design and other charges associated with improvements at the DCU Center.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 
 

9.29

FINANCE ITEMS
Operational Transfers
 

9.30

FINANCE ITEMS
Prior Year
 

9.31

FINANCE
Loan Orders
 

9.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the Twelfth Annual Caffrey Memorial Award.

Attachments

Placed on file

 
10.

COMMUNICATION

10a.

Mayor Joseph M. Petty transmitting communication from National Grid regarding their plans for herbicide applications in the City of Worcester.

Attachments

Placed on file

 

11.

TO BE ORDAINED

11a.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 27 Arlington St.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 

11b.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 134 Tacoma St.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 

11c.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to Rescind No Parking Anytime from the south side of Hermon St. from Beacon St. to a pt. 275' east of Beacon St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the west side of Beacon St. from Hermon St. to Jackson St. Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime on the north side of Jackson St. from Beacon St. to the Easterly Property Line 59 Jackson St.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 

11d.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking opposite 252 Pilgrim Ave.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 

11e.

Amend Section 42 of Chapter 13 of the Revised Ordinances of 2008 to change the Winter Ban on South Ward St. from a Standard Declared Ban to a Permanent Standard Ban from December 1st to April 1st.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent)

 

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 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

 

12b.

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

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

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

 

12h.

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

 

12i.

COMMUNICATION of City Clerk transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013. (Tabled Under Privilege - Lukes November 13, 2012) (Tabled - Lukes November 20, 2012)

Attachments

No action taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

RESOLUTION - “Support Fuel Assistance and the Work of the Worcester Community Action Council, Inc. As fuel Season Begins on November 1, 2012.” (Petty)

Attachments

Mayor Petty invited Jill Dagilis, Executive Director of Worcester Community Action Council, Inc. to address City Council. Resolution adopted on a roll call vote of 11 Yeas and 0 Nays.

 

13b.

Councilor Germian, Chairman of the Municipal Operation Committee, introduced the following four (4) Chairman’s for consideration: CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester does hereby terminate the process for filling the anticipated vacancy in the position of City Auditor.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, Lukes, O'Brien, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Palmieri)

 

13c.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the sum of $12,301.00 in Account #650-91000, Auditing Personal Services, be re-appropriated to fund the incumbent City Auditor’s contract extension for a period of one year.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, Lukes, O'Brien, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Palmieri)

 

13d.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council of the City of Worcester does hereby authorize and request the Mayor to enter into an employment contract extension with the incumbent City Auditor for a period of one year.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, Lukes, O'Brien, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Palmieri)

 

13e.

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager to recommend to City Council funding for the vacant Deputy City Auditor position, the vacancy be advertised within 90 days and the successful candidate for the position of Deputy City Auditor become a resident of the City of Worcester within one year of the day of his/her employment

Attachments

Councilor Lukes moved to amend: Request to add the word “request” before the words “the successful candidate”. Order adopted as amended on a roll call vote of 10 Yeas and 1 Nay (Yeas - Economou, Eddy, Germain, Lukes, O'Brien, Rivera, Rushton, Russell, Toomey, Petty) (Nay - Palmieri)

 

13f.

Motion Toomey @ #13b - 13e CC – Request City Manager provide City Council with the salary range for the Deputy City Auditor position.

Attachments

Order adopted

 

13g.

Motion Lukes @ #13b - 13e CC – Request the Standing Committee on Municipal Operations to initiate the hiring process for the next City Auditor.

Attachments

Referred to Municipal Operations Committee

 

13h.

Motion Toomey @ #13b - 13e CC – Request City Manager provide the list of periodicals and trade journals that were relied upon to advertise the anticipated City Auditor vacancy.

Attachments

Order adopted

 

13i.

Motion Lukes @ #5a CC - Request City Manager provide a report detailing the additional funding announced by the Governors Office relative to Smart Residential Housing Development. (Lukes)

Attachments

Order adopted

 

13j.

Motion Lukes @ #5a CC - Request City Manager consider creating a Design Review Board.

Attachments

Order adopted

 

13k.

Motion Petty @#9.4A CM - Request City Manager contact CSX and report as to whether the SWIP area could provide them opportunities to spin off jobs.

Attachments

Order adopted

 

13l.

Motion Lukes @ #9.4A – Request City Manager report the amount of tax levy funding spent on SWIP to date.

Attachments

Order adopted

 

13m.

Motion Lukes @ #9.4A – Request the Standing Committee on Economic Development look at the tax exemption percentage for each building referred to within the SWIP Site Specific Economic Opportunity Area.

Attachments

Referred to Economic Development Committee

 

13n.

Councilor Russell, Chairman of the Rules and Legislative Affairs Committee, introduced the following Report for consideration: REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order of Councilor Konstantina B. Lukes - Request City Council develop a process for citizens applying for appointment to the Library Board of Directors: recommend adoption of the following Order that Rules 61 through 64 of the Rules of the City Council are amended so that applicants to the Worcester Public Library Board of Directors , in addition to all criteria currently in place, will be given an opportunity to appear before the City Council to publicly state why they wish to be appointed to the Board, and that Rules 61 through 64 of the Rules of the City Council are additionally amended so that all references to the “Library Board of Trustees” be corrected to the “Library Board of Directors”.

Attachments

Councilor Russell moved to amend to add where appropriately the words "the week before the election" and to change the word "appear" to the words "to speak for no more than 3 minutes". Accepted & Adopted as amended