CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 22, 2013

Esther Howland Chamber

Convened: 6:03 P.M.

Adjourned: 8:49 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 Germain and Rushton.

3.

RECESSED TO EXECUTIVE SESSION/RECONVENED TO OPEN SESSION

3a.

Mayor Petty moved for a roll call vote to recess to Executive Session to discuss pending litigation - Motion to recess Approved on a roll call vote of 9 Yeas and 0 Nays (Absent - Germain, Rushton). The City Council recessed to Executive Session at 6:05 P.M.

 

3b.

The City Council reconvened into Open Session at 7:18 P.M. with all present and the Mayor in the Chair except for Councilors Germain and Lukes. Both Councilors arrived in Open Session at 7:20 P.M.

 

4.

MOMENT OF SILENCE – at the request of Mayor Petty, to acknowledge the passing of Jack Coughlin the former Chairman of the WRA and John Nelson, Chairman and CEO of Norton Co. and Wyman Gordon.

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 8, 2013.

Attachments

Order adopted

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Petty presented a Key to the family of Ray Grimaldo who passed away this week; State Representative John Fresolo read a citation from the Massachusetts House of Representative. Mr. Grimaldo was a small business owner and he and his family were a fixture of lower Grafton Hill area.

 

6b.

Mayor Petty recognized the following persons who spoke: 1. George Valeri, Worcester resident 2. William Breault, Worcester resident 3. David Bentley, Worcester resident 4. Chris Horton, Worcester resident 5. Jo Hart, Worcester resident 6. Terri Kelly, Worcester resident

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Irene MacLeod request sidewalk repair in front of 46 Queen St.

Attachments

Referred to Public Works Committee

 

8b.

Paula Lozada on behalf of Richie Morales request installation of a handicap parking space in front of 1 Minots St.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Adriana Soto request installation of a handicap parking space across from 161 Providence St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Jo Hart request City Council work with the City Manager to establish a new method for emergency social help that does not require 911; a new and appropriate response via a new 111 telephone number, 24/7, to respond to requests for assistance either by responding personally or by giving information on the telephone; information that a stranger on the street does not have and is in no position to judge what should be done to help.

Attachments

Petitioner appeared and spoke. Referred to City Manager

 

9.

COMMUNICATIONS OF THE CITY MANAGER

 

9.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Derek Evers as Constable for the City of Worcester.

Attachments

Placed on file

 
 

9.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Katherine Evans to the Citizens Advisory Council.

Attachments

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

 
 

9.3

DEPARTMENT OF HUMAN RESOURCES
A.

Transmitting Informational Communication Relative to the City Hall Employee of the Month for January 2013.

Attachments

Placed on file

 
 

9.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of an Order to Convey Ownership of the Former Fire Alarm & Telegraph Building to Spencer Savings Bank and to Execute a Ground Lease with Spencer Savings Bank for a Parcel of Land Surrounding the Building.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays. Councilor Toomey moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 
B.

Transmitting Informational Communication Relative to the Transition of Food Pantry Services Currently Provided by the Henry Lee Willis Community Center. Refer to CCM Item 9.29B

Attachments

Referred to Public Health and Human Services Committee

 
 

9.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

9.6

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

Transmitting Informational Communication Relative to the Fiscal Year 2013 Pavement Markings Program.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to a Status Report on the Accelerated School Building Repair Program and Nelson Place School Upgrade Project. Refer to CCM Item 9.31A

Attachments

Councilor O’Brien presented a list of Worcester Public School's recent project completions and future plans. (See attachment). Referred to Education Committee

 
 

9.7

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 November 2012.

Attachments

Referred to Public Works Committee

 
B.

Recommend Approval of an Ordinance to Convert Harding Street from Winter Street North to Temple Street to a Two-Way Traffic Pattern.

Attachments

Voted to advertise proposed Ordinance

 
C.

Transmitting Informational Communication Relative to a Sanitary Sewer Inspection by the U.S. Environmental Protection Agency Scheduled for January 22-24, 2013.

Attachments

Referred to Public Works Committee

 
D.

Transmitting Informational Communication on Future Water and Sewer Infrastructure Needs Over the Next 5 Years.

Attachments

Referred to Public Works Committee

 
 

9.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

9.9

FIRE DEPARTMENT
 

9.10

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to 2012 City-wide Crime Statistics.

Attachments

Referred to Public Safety Committee

 
 

9.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Recommend Adoption of a Resolution to File and Accept a Fiscal Year 2013 Public Safety Answering Point (PSAP) and Regional Emergency Communication Support and Incentive Grant

Attachments

Resolution adopted

 
 

9.12

LICENSE COMMISSION
 

9.13

LAW DEPARTMENT
A.

Recommend Adoption of an Ordinance Amendment to the City's Recently Enacted Animal Control Ordinance to Bring into Conformance with State Law and the Americans with Disabilities Act Relative to a Fee Waiver for Service Animals.

Attachments

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

 
 

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
A.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Opiate Cases and Heroin Use in the City of Worcester.

Attachments

Referred to Public Health and Human Services Committee

 
 

9.18

DIVISION OF ELDER AFFAIRS
 

9.19

WORCESTER PUBLIC LIBRARY
A.

Recommend City Council Accept with Gratitude Gifts Totaling Four Hundred and Thirty Dollars and No Cents ($430.00) from the Friends of the Worcester Public Library for the Purchase of Gifts for the Library Staff Recognition Event.

Attachments

Order 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
 

9.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #91C7110A, Citywide Building Rehabilitation, and be appropriated to Account #50C704JA, School Building Rehabilitation, to fund upgrades at various schools.

Attachments

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

 
B.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account #91C7441A, Off Street Garages, and be appropriated to DPW Account #46C707, Parking Garages - Improvements, to allow for payment of current and anticipated obligations per the cash flow procedure.

Attachments

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

 
C.

Recommend that Eighty Thousand Dollars And No Cents ($80,000.00) be transferred from Loan Account #91C7413K, North Lake Ave Linear Park, and be appropriated to DPW Account #41C764, North Lake Ave Linear Park, to allow for the payments associated with this project per the cash flow procedure.

Attachments

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

 
D.

Recommend that Thirty Five Thousand Seven Hundred Sixty Two Dollars And Eighteen Cents ($35,762.18) be transferred from Account #91C7803A, Capital Equipment, and appropriated, when and as received, to Account #26C701, Fire Department Capital Equipment, to cover the cost of replacing the engine in Engine 3.

Attachments

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

 
E.

Recommend that Twenty Six Thousand Five Hundred Dollars And No Cents ($26,500.00) be transferred from Account #91C711, Citywide Building Rehabilitation, to Account #26C704, Fire Department Capital Rehabilitation, to cover the cost of emergency maintenance at multiple fire stations.

Attachments

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

 
F.

Recommend that Seventeen Thousand Seven Hundred Two Dollars And One Cent ($17,702.01) be transferred from Loan Account #91C7801A, Citywide Capital Equipment, and be appropriated, when and as received, to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed computer software.

Attachments

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

 
G.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Loan Account #91C7132A, Water Filtration, and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Attachments

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

 
H.

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 a roll call vote of 11 Yeas and 0 Nays

 
I.

Recommend that One Hundred Ninety Thousand Dollars And No Cents ($190,000.00) be transferred from Loan Account # 91C7111E, Citywide Building Rehabilitation, and Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account # 91C7110A, Citywide Building Rehabilitation, and the total of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00) be appropriated to DPW Account # 41C704, Building Rehabilitation, to allow for the payment of current and anticipated obligations.

Attachments

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

 
J.

Recommend that Three Hundred Sixteen Thousand Six Hundred Ten Dollars And No Cents ($316,610.00) be transferred from Loan Account #91C734, 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 these (2) street sweepers.

Attachments

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

 
K.

Recommend that Ninety Five Thousand Dollars And No Cents ($95,000.00) be transferred from Loan Account #91C7842A, Parks Coes Reservoir, and be appropriated to Parks Account #72C70229, Coes Knife, to allow for payments of current and anticipated obligations.

Attachments

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

 
L.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account #91C7242A, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals to allow for the purchase and payment of anticipated new equipment per the cash flow procedure.

Attachments

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

 
 

9.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Account #270-91000, Communications Personal Services, to Account #270-97000 Communications Overtime, for current and projected overtime expenses.

Attachments

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

 
B.

Recommend that Fifteen Thousand Six Hundred Thirty Nine Dollars And Seventy Cents ($15,639.70) be transferred from Account #14S41938, Henry Lee Willis Center, and be appropriated to various Year 38 CDBG accounts, to provide funding for food pantry services through the remainder of Fiscal Year 2013. Refer to CCM Item 9.4B

Attachments

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

 
C.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #900-92000, City Manager's Contingency, to the following accounts: Twenty Five Thousand Dollars and No Cents ($25,000.00) to Account #720-92000 Parks Ordinary Maintenance and Fifteen Thousand Dollars and No Cents ($15,000.00) Account #500-92000 Worcester Public Schools Ordinary Maintenance for various resources to support youth athletics citywide.

Attachments

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

 
 

9.30

FINANCE ITEMS
Prior Year
A.

Recommend that Five Hundred Twenty Two Dollars And No Cents ($522.00) be Authorized from Account #410501-92000, DPW Central Garage Ordinary Maintenance, to allow prior year obligations to be met with Fiscal Year 2013 Funds.

Attachments

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

 
 

9.31

FINANCE
Loan Orders
A.

Recommend the Adoption of a Loan Order in the amount of Three Million Six Hundred Fifty Five Thousand Dollars And No Cents ($3,655,000.00) be appropriated to Account #91F7113F, Building Rehabilitation, Worcester Public Schools, to fund building repairs to the following schools; Chandler Magnet School, Dr. James A. Caradonio New Citizens Center, Jacob Hiatt Magnet School, Lake View School and May Street School. Refer to CCM Item 9.6B

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 
 

9.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to Activity and Usage at the Worcester Common Oval.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Transmitting Informational Communication Relative to Column-Breaking Ceremony at the DCU Center.

Attachments

Placed on file

 
10.

REPORT OF THE HISTORICAL COMMISSION

10a.

Transmitting Addendum to the Crown Hill Local Historic District Report submitted to City Council on December 18, 2012.

Attachments

Referred to Economic Development Committee

 

11.

LOAN ORDER TO BE ADOPTED

11a.

Recommend that the Loan Order in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00), approved by this Council on October 30, 2012, for the purchase of equipment to be appropriated to Account #91C7163A, Union Station Capital Equipment, be rescinded.

Attachments

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

 

12b.

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

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Tabled - Lukes January 8, 2013 and January 15, 2013)

Attachments

No action taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

COMMUNICATION of Michael V. O’Brien, City Manager, transmitting informational communication relative to the Henry Lee Willis Community Center.

Attachments

Referred to Public Health and Human Services Committee

 

13b.

Motion Toomey @ #9.6B CM – Request City Manager send a letter to the Superintendent of the Worcester Public Schools requesting a list of crosswalks at public schools that need upgrading.

Attachments

Order adopted

 

13c.

Motion Toomey @ #9.7C CM - Request City Manager look into whether or not an entity, familiar with older urban infrastructure, can participate in the city’s sanitary sewer inspection to work with the EPA in an advisory capacity.

Attachments

Order adopted

 

13d.

Motion Lukes @ #9.11A CM – Request City Manager report to City Council the two communities who are negotiating to participate with the city in a Regional Emergency Communication Center. Mayor Petty moved to amend: Further, request City Manager provide a report regarding an overview of the Emergency Communication Department of updates that have taken place at the facility, technology and of personnel.

Attachments

Order adopted

 

13e.

Motion Lukes @ #9.29C CM – Request City Manager report as to whether or not funds for supporting youth athletics are defined as net school spending eligible and further, provide a copy of the agreement with School Administration, developed during Superintendent Caradonio’s tenure, relative to how net school spending is calculated.

Attachments

Order adopted

 

13f.

Motion Rivera @ #9.32A CM – Request City Manager publicize the Worcester Common Oval at Colleges and Universities.

Attachments

Order adopted

 

13g.

Motion Rushton – Suspension of Rules – Request City Manager request Massport to consider free parking for a couple of months at Worcester Regional Airport if an airline like Jet Blue begins operation.

Attachments

Order adopted