CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 14, 2013

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:26 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 Mayor Petty to recognize the recent passing of James Finnegan a former President of the Webster Square Business Association.

3.

ROLL CALL - All present with the Mayor in the Chair except for Councilors Eddy, Germain, O'Brien and Rushton. Councilor O'Brien arrived at 7:10 P.M. and Councilors Eddy & Rushton arrived at 7:29 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 April 23, 2013.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location in: SALISBURY ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location in: SALISBURY ST.

Attachments

Hearing Held & Order adopted

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Petty read a Proclamation declaring the Month of May 2013 as Community Action Month. He presented the proclamation to Executive Director of the Worcester Community Action Council, Inc. Jill Dagilis.

Attachments

 

6b.

Mayor Petty recognized the following speakers: 1. David Schaefer, Worcester resident 2. Nicole Apostola, Worcester resident 3. Rhonda Hicks, Worcester resident 4. Leonard Zalauskas, Worcester resident 5. Colin Novick, Worcester resident 6. Kevin Ksen, Worcester resident 7. Ed Moynihan, Worcester resident 8. Steve Quist, Worcester resident

 

6c.

Mayor Petty announced that the City Manager’s evaluation is being rescheduled to take place on June 18, 2013 at the conclusion of the City Council agenda due to the special senate election of June 25, 2013.

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Harold Evans request trees be planted in front of 24 Windsor St.

Attachments

Refer to the Department of Public Works & Parks

 

8b.

Diana & Timothy Dillon request zone change for 631 Sunderland Rd. from RS-7 to BL-1.

Attachments

Referred to Planning Board

 

8c.

Denise Whipple request city to resolve the flooding issue in front of 14 Nanita St.

Attachments

Referred to Public Works Committee

 

8d.

Erwin Leviton request sidewalk repair in front of 112 June St.

Attachments

Referred to Public Works Committee

 

8e.

Harold Evans request sidewalk repair in front of 24 Windsor St.

Attachments

Referred to Public Works Committee

 

8f.

Paul Keister request sidewalk repair on the north side of Cedar St., between Linden St. and West St. and just before the intersection with West St.

Attachments

Referred to Public Works Committee

 

8g.

Norma Jose request installation of one handicap parking space in front of 18 Tainter St.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Benjamin Tekpeh request to extend existing resident permit parking on Elizabeth St. to include #19.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Francis Rushford request to rescind resident permit parking for Beverly Rd.

Attachments

Referred to Traffic and Parking Committee

 

8j.

Vanessa Ramirez, et al request "No Parking" sign in front of 35 Windham St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8k.

NSTAR for a gas main location: GREENBUSH ROAD

Attachments

Hearing Set for May 21, 2013 - 7:00 pm

 

8l.

Chris Robarge filing Open Meeting Law Complaint Form.

Attachments

Referred to City Manager

 

9.

ORDERS

9a.

Request City Manager request the Commissioner of the Department of Public Works and Parks create and implement a policy for street sweeping operations that provides public 36 hour advance signage visible from all affected parking spaces. (Russell, Palmieri)

Attachments

Order adopted

 

9b.

Request City Manager arrange with the appropriate departments to conduct a targeted enforcement in the Green Island neighborhood as soon as possible. (Rivera)

Attachments

Order adopted

 

9c.

Request City Manager report on what measures can be taken to protect swimmers at Bell Pond including but not limited to draining a portion of the pond, adding fill to the pond, increased signage and oversight. (Lukes)

Attachments

Councilor O’Brien moved to amend: Further, request City Manager request the School Administration provide a report concerning efforts to teach swimming to new immigrants and further, report other efforts from other agencies that also provide swimming lessons. Councilor Palmieri moved to amend: Further, request School Administration consider having assemblies in the spring time for elementary students to inform children of swimming safety. Councilor Rushton moved to amend to include Coes Pond in the requests. Order adopted

 

9d.

Request City Manager submit a report outlining a proposed time table for a Host Agreement for the proposed slot parlor to meet the Gaming Commission's deadline of October 4, 2013 assuming that the ballot question for the slots parlor will be held on September 17, 2013 which is the date of the preliminary election. (Lukes)

Attachments

Councilor Rushton moved to File – Mayor Petty moved to for a roll call vote: Order filed on a roll call vote of 7 Yeas and 3 Nays (Yeas – Economou, Eddy, O’Brien, Palmieri, Rushton, Toomey, Petty) (Nays – Lukes, Rivera, Russell) (Germain absent)

 

9e.

Request City Manager discuss a re-use plan for the former Brown Square Fire Station with the Box 4 Canteen Committee. (Toomey, Economou)

Attachments

Councilor Palmieri moved to amend: Further, request the City Manager request the Fire Chief provide a report concerning the impact from this re-use of the former fire station and further request a public meeting to seek input from Unions, EMS companies, and the neighborhood. Order adopted as amended

 

9f.

STREET BETTERMENT ASSESSMENTS: CHICOPEE STREET

Attachments

Order adopted

 

9g.

STREET BETTERMENT ASSESSMENTS: DIXFIELD STREET

Attachments

Order adopted

 

9h.

STREET BETTERMENT ASSESSMENTS: EAMES ROAD

Attachments

Order adopted

 

9i.

STREET BETTERMENT ASSESSMENTS: ONSET STREET

Attachments

Order adopted

 

9j.

STREET BETTERMENT ASSESSMENTS: PENOBSCOT STREET

Attachments

Order adopted

 

9k.

STREET BETTERMENT ASSESSMENT: TYSON ROAD

Attachments

Order adopted

 

10.

COMMUNICATIONS

10a.

Michael V. O'Brien, City Manager, transmitting a report relative to five petitions alleging violations of the Open Meeting Law.

Attachments

Order adopted

 

11.

TABLED UNDER PRIVILEGE

11a.

COMMUNICATION of the City Manager transmitting informational communication relative to a report of the potential crime impact that a Slots Parlor could generate and suggest efforts to consider in advance to mitigate those impacts, per the Request of City Council. (Tabled - O'Brien May 7, 2013)

Attachments

Referred to Joint Committee on Economic Development and Public Safety

 

11b.

COMMUNICATION of the City Manager transmitting informational communication relative to an update of the Slots Parlor Proposal. (Tabled - O'Brien May 7, 2013)

Attachments

Referred to Joint Committee on Economic Development and Public Safety

 

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 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

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of Worcester Public Schools to conduct a review of School Transportation expenses/contracts and make a formal presentation to the Education Joint Committee composed of the City Council Education Committee and the School's Finance and Operations Committee. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12g.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor review the appropriateness of the following: administrative fees charged to the Worcester Public Schools by the city for city personnel and services; administrative fees charged for grants management; and Medicare fees received by the City for services done by School Department personnel. This report should also include how these fees compare to other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12h.

ORDER of Councilor Joseph C. O'Brien - Request City Auditor work with the Superintendent of the Worcester Public Schools to review School Department administrative expenses and provide a report to the City Council as to how these fees compare on a percentage of budget basis with other gateway cities. (Tabled - O'Brien February 12, 2013)

Attachments

No action taken

 

12i.

COMMUNICATION of the City Manager transmitting informational communication relative to a request for an amendment to the Ordinances Concerning Foreclosure Mediation dating to October, 2012. (Tabled - Rivera April 2, 2013)

Attachments

No action taken

 

12j.

ORDER of Mayor Joseph M. Petty request recess to Executive Session for the purpose of discussing pending litigations. (Tabled - Petty April 2, 2013)

Attachments

No action taken

 

12k.

COMMUNICATION of the City Manager transmitting informational communication relative to a Report on City Employee Demographics. (Tabled - Rivera March 12, 2013)

Attachments

No action taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion Rivera @ #11a & 11b CC – Request the Joint Committee on Economic Development and Public Safety have its next meeting at the city’s Meade St. facility.

Attachments

Order adopted

 

13b.

COMMUNICATION of Michael V. O'Brien, City Manager, recommending adoption of the Fiscal Year 2014 Budget Recommendation as presented in the Line Item Budget.

Attachments

Mayor Petty invited the City Manager to make a Presentation of the FY 2014 Budget. Referred to Finance Committee

 

13c.

Motion Rushton @ #13b CC - Request the Mayor report whether or not the School Administration has sent a letter requesting an advisory opinion concerning whether or not OPEB can be justified as net school spending.

Attachments

Order adopted

 

13d.

Motion Toomey @ #13b CC - Request City Manager report what were the factors that increased state aid for schools since 1986.

Attachments

Order adopted

 

13e.

Motion Economou @ #13b CC - Request City Manager consider applying a percentage of free cash and new growth revenues in future years towards funding OPEB.

Attachments

Order adopted

 

13f.

Motion Eddy @ #13b CC - Request City Manager have all the department heads present for the FY2014 Budget hearings to make a presentation and answer questions.

Attachments

Order adopted

 

13g.

Motion Toomey – Suspension of Rules – Request City Manager request Traffic Engineer address the signage in Holland Rd. relative to resident permit parking so that the signage is in line with the recently passed ordinances.

Attachments

Order adopted

 

13h.

PETITION – Councilor Tony Economou on behalf of Ryan Armenta request sidewalk repair in front of 5 Apollo Rd.

Attachments

Referred to Public Works Committee

 

13i.

PETITION – Councilor Tony Economou on behalf of Dr. Andrew Wheelock request sidewalk repair on the King Philip Rd. side of 268 Burncoat St.

Attachments

Referred to Public Works Committee

 

13j.

PETITION – Councilor William J. Eddy on behalf of residents of Zenith Dr. request repair or replacement of concrete sidewalks for the entire length of Zenith Dr. where needed.

Attachments

Referred to Public Works Committee

 

13k.

PETITION – Councilor William J. Eddy on behalf of Alice Carreau request sidewalk repair in front of 3 Wyola Dr.

Attachments

Referred to Public Works Committee

 

13l.

PETITION – Councilor William J. Eddy on behalf of Robin Stone request sidewalk repair in front of 132 South Flagg St.

Attachments

Referred to Public Works Committee

 

13m.

PETITION – Councilor William J. Eddy on behalf of residents of Chicopee St. request the street name signs at both ends of Chicopee St. include the house numbers that are accessible at that entrance.

Attachments

Referred to Traffic and Parking Committee

 

13n.

PETITION – Councilor William J. Eddy on behalf of Kathleen Johnson request “Do Not Block Driveway” signs be installed for 542 Mill St.

Attachments

Referred to Traffic and Parking Committee

 

13o.

Motion Palmieri and Rivera – Suspension of Rules – Request City Manager report the best re-use and use of the property of 701 Main St. and further, request the City Manager request the owner consider installing an alarm system while the property is not in use.

Attachments

Order adopted

 

13p.

PETITION – Councilor Sarai Rivera on behalf of Ismael Matos request installation of handicap parking space in front of 188 Beacon St.

Attachments

Referred to Traffic and Parking Committee

 

13q.

Motion Rivera – Suspension of Rules – Request City Manager request the Police Chief conduct crosswalk stings in front of 1050-1060 Main St.

Attachments

Order adopted

 

13r.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update concerning the clean-up of the pond in Crystal Park.

Attachments

Order adopted

 

13s.

Motion Rivera – Suspension of Rules – Request City Manager have the appropriate staff inspect and address the significant cracks where poles have been recently installed for the fence at the basketball court in Crystal Park.

Attachments

Order adopted

 

13t.

Motion Palmieri – Suspension of Rules – Request City Manager provide City Council with an update concerning the cyclone fence at Northampton St. Park and repairs at Holland Rink.

Attachments

Order adopted

 

13u.

Motion Economou – Suspension of Rules – Request City Manager request the Commissioner of Public Works reset the granite survey markers obtruding from the sidewalks in Cheyenne Rd., Mohave Rd., Shawnee Rd., Navajo Rd., Arapaho Rd. and Cherokee Rd.

Attachments

Order adopted