CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 11, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 7:56 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.

ROLL CALL - All present with the Mayor in the Chair except for Councilors Lukes, Rivera and Rushton. Councilor Rushton arrived at 7:07 P.M. and Councilor Lukes arrived at 7:15 P.M.

3.

APPROVAL OF THE MINUTES

3a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of November 27, 2012.

Attachments

Order adopted

 

4.

FIRST ITEMS OF BUSINESS - Quarterly Economic Development Report (see #8.4C CM)

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following persons who spoke:
1. William Breault, Worcester resident
2. Jo Hart, Worcester resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Drupatty Prashad et al request Chiltern Hill Drive be paved.

Attachments

Referred to Public Works Committee

 

7b.

Michael & Carol Leto request abatement of street betterment assessment #24957 in the amount of $10,425.24 for Echo St.

Attachments

Referred to Public Works Committee

 

7c.

Attorney Paul Novak on behalf of Enwn Nominee Trust request the abatement of street betterment assessment #24966 in the amount of $10,710.69 for Dupuis Ave.

Attachments

Referred to Public Works Committee

 

7d.

Loi Giang request installation of handicap parking space in front of 35 Benedict Rd.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Elaine Baskin request the assistance of the Worcester City Council to help with parking, noise and trash issues of the congregation housed at Elmwood St.

Attachments

Petitioner appeared and spoke - Referred to City Manager

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Reappointment of Karon Shea to the License Commission.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Edward J. Pietrewicz, Jr. to the Position of Chairperson of the Civic Center Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to the December 2012 Employee of the Month.

Attachments

Placed on file

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of a Resolution to File and Accept a Grant for the Workforce Competitiveness Trust Fund (WCTF) "Addressing the Middle Skills Gap" Grant Program.

Attachments

Resolution adopted

 
B.

Transmitting Informational Communication Relative to the City of Worcester Streetscape Policy and Urban Design Guidelines.

Attachments

Referred to Economic Development Committee

 
C.

Transmitting Informational Communication Relative to the City's Quarterly Economic Development Report.

Attachments

Referred to Economic Development Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend Adoption of a Proposed Order for an Easement at 1028 Southbridge Street.

Attachments

Order adopted

 
 

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 Keep Worcester Clean (KWC) Activity Report for the Month of October 2012.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a FFY 2013 Underage Alcohol Enforcement Grant.

Attachments

Resolution adopted

 
 

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
A.

Transmitting Informational Communication Relative to Statistics of Opiate Overdoses and Prescription Drug Abuse.

Attachments

Councilor O'Brien moved to Hold Under Privilege. Tabled Under Privilege - O'Brien.

 
B.

Recommend Adoption of a Resolution to File and Accept a Massachusetts Department of Public Health, Bureau of Substance Abuse Services' “Partnership for Success” Grant.

Attachments

Resolution adopted

 
C.

Transmitting Informational Communication Relative to an Award Received from the Robert Wood Johnson Foundation, Center for Sharing Public Health Services to the Division of Public Health.

Attachments

Placed on file

 
D.

Transmitting Informational Communication Relative to the City's Community Health Improvement Plan.

Attachments

Referred to Public Health and Human Services Committee

 
 

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 of Worcester Fiscal Year 2013 Revenues through October 30th.

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.

I respectfully recommend that Forty One Thousand Dollars And No Cents ($41,000.00) be transferred when and as received from Account #91C7803A, Capital Equipment, and appropriated to Account #25C701, Police Equipment.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
B.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C741, Street Improvements, and be appropriated to DPW Account #41C794, Salisbury Street Improvements, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
C.

Recommend that One Million Two Hundred Thousand Dollars And No Cents ($1,200,000.00) be transferred from Loan Account #91C7413D, Street Construction, and be appropriated to DPW Account #41C741, Street Resurfacing, 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 (Rivera absent)

 
D.

Recommend that One Million Dollars And No Cents ($1,000,000.00) be transferred from Loan Account #91C7413F, Street Construction, and be appropriated to DPW Account #41C768, Private Street Conversion, to provide funds for the payment of current and future expenditures per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
E.

Recommend that Eight Hundred Ten Thousand Dollars And No Cents ($810,000.00) be transferred from Loan Account #91C7411K, Street Construction, and be appropriated to DPW Account #41C799, Street Construction, to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
F.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C7452A, 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 roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
G.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7450C, Sewer Construction, and be appropriated to DPW Account #44C771, Infiltration, to allow for the payment of current and future obligations per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
H.

Recommend that Nineteen Thousand Twenty One Dollars And No Cents ($19,021.00) be transferred from Loan Account #91C7313A, Water Capital Equipment, when and as received, and be appropriated to Account #45C703, Water Capital, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
I.

Recommend that Twenty One Thousand Seven Hundred Eighteen Dollars And No Cents ($21,718.00) be transferred from Loan Account #91C7803A, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed equipment.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
J.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account #91C7453I, Sewer Pumping Rehab., and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, per cash flow procedures.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
K.

Recommend that Forty Five Thousand Dollars And No Cents ($45,000.00) be transferred from Loan Account #91C7843P, Park Improvements - Tree Plantings, and be appropriated to Parks Account #72C70218, Tree Plantings, to allow for contractually obligated payments associated with Fall plantings.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent

 
L.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C7111F, Building Rehab. Lake Park, and be appropriated to Parks Account #72C70211, Lake Park, to allow for the payment of current and future obligations as per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
M.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7843A, Park Improvements - Cookson Park, and be appropriated to Parks Account #72C70202, Cookson Field, to allow or the payment of current and future obligations as per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
N.

Recommend that Twenty Thousand Two Hundred Twenty One Dollars And No Cents ($20,221.00) be transferred from Loan Account #91C7803A, Capital Equipment, when and as received and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed equipment.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
O.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account #91C7112A, Citywide Building Rehabilitation, and 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 roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
P.

Recommend that Fifty Thousand Three Hundred Dollars And No Cents ($50,300.00) be transferred from Loan Account #91C7840C, Park Improvements, and be appropriated to Parks Account #72C70210, Indian Hill, to allow for the payment of current and anticipated obligations per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
Q.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account #91C7840C, Park Improvements, and be appropriated to Parks Account #72C70211, Lake Park, to allow for the payments of current and anticipated obligations per the cash flow procedure.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
R.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7840C, Park Improvements, and be appropriated to Parks Account # 72C70209, Farber Field, to allow for payments of current and anticipated obligations.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
S.

Recommend that Sixteen Thousand Dollars And No Cents ($16,000.00) be transferred when and as received from Account #91C7803A, Capital Equipment, appropriated to Account #26C701, Worcester Fire Department Capital Equipment, to purchase radios for the Fire Department.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

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 Second Quarter of Fiscal Year 2013.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
B.

Recommend that Two Hundred Twenty Thousand Six Hundred Eleven Dollars And Ninety Seven Cents ($220,611.97) be transferred from Account #330-08, Reserve For Appropriation Premium on Loans, and appropriated to Account #660-92000, Treasury Ordinary Maintenance.

Attachments

Order adopted on roll call vote of 10 Yeas & 0 Nays (Rivera absent)

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
9.

COMMUNICATIONS

9a.

Joseph Connarton, Executive Director of PERAC, transmitting communication relative to the amount required to be appropriated to the city's retirement system for Fiscal Year 2014 which commences July 1, 2013.

Attachments

Referred to Municipal Operations Committee

 

9b.

James A. DelSignore, City Auditor, transmitting the city's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2012.

Attachments

Referred to Municipal Operations Committee

 

10.

TO BE ORDAINED

10a.

Amending Chapter 8 of the Revised Ordinances 2008 to Conform the Licensing and Regulation of Dogs, Cats, and Ferrets to State Law.

Attachments

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

 

11.

TABLED UNDER PRIVILEGE

11a.

COMMUNICATION of the City Manager, transmitting informational communication relative to 5 May St. (Tabled - O'Brien December 4, 2012)

Attachments

Councilor O'Brien moved to Hold Under Privilege for a second week - Tabled Under Privilege on a roll call vote of 10 Yeas and 0 Nays (Rivera - absent)

 

11b.

ORDER of Councilor Joseph C. O'Brien - Request City Manager provide City Council with an update concerning negotiations with the U.S. Department of Housing and Urban Development in regards to the recent CDBG audit of local Community Development Corporations. Further, request he also provide the information concerning the city's repayment to HUD for non-performance on the city funded project at 5 May Street. (Tabled - O'Brien December 4, 2012)

Attachments

Councilor O'Brien moved to Hold Under Privilege for a second week - Tabled Under Privilege on a roll call vote of 10 Yeas and 0 Nays (Rivera - 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.

Motion Palmieri @ #4a CC – Request City Manager provide City Council with a detailed report concerning the progress for development of the Wyman Gordon property and the Midtown Mall properties.

Attachments

Order adopted

 

13b.

Motion Russell @ #8.4B CM – Request City Manager consider incorporating Urban Design Guidelines within the Zoning Ordinances and also consider restricting accessory uses within new downtown construction to encourage utilization of existing commerce.

Attachments

Order adopted

 

13c.

Councilor Toomey, Chairman of the Public Works Committee, introduced the following Report for consideration: REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Communication of the City Manager recommending approval of the alteration of public rights of way at Eaton Place and Mercantile Street within the CitySquare Development Project: recommend adoption of the accompanying Order.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rivera absent) Councilor Toomey moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 10 Nays (Yeas - ) (Nays - Economou, Eddy, Germain, Lukes, O'Brien, Palmieri, Rushton, Russell, Toomey, Petty) (Rivera absent)

 

13d.

Motion Lukes – Suspension of the Rules – Request City Manager provide a report relative to the recent incident that occurred at North High School and the continuing altercations.

Attachments

Order adopted

 

13e.

PETITION – Councilor Tony Economou on behalf of Pam Sacks request installation of “Slow” signs in the vicinity of 75 Flagg St. for both inbound and outbound sides in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

13f.

PETITION – Councilor Tony Economou on behalf of Tom McGrath request to cut back the overgrowth in Quinapoxet Lane as it intersects with Mountain Street East in the interest of public safety.

Attachments

Referred to Department of Public Works & Parks