CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 4, 2013

Esther Howland Chamber

Convened: 7:27 P.M.

Adjourned: 9:32 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 Councilor O'Brien who arrived at 7:37 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 May 21, 2013.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Colleen Triola request tree be planted in front of 12 Hingham Rd.

Attachments

Referred to the Department of Public Works & Parks

 

7b.

Linda Palmerino request the trees be trimmed that obstruct street lights and request dead branches be removed on Salisbury St. after the Forest St. intersection heading west.

Attachments

Referred to the Department of Public Works & Parks

 

7c.

Councilor William J. Eddy on behalf of Phyllis Bilazarian request the planting of 4-5 shade trees along the west side of South Flagg St. from Bet Shalom northerly to the intersection with Sherwood Rd.

Attachments

Referred to the Department of Public Works & Parks

 

7d.

Paul Stolberg et al request to resurface Ashmore Rd.

Attachments

Referred to Public Works Committee

 

7e.

Ronald Donnelly request the asphalt sidewalk from the area of 29 Harlow St. to the intersection of Crescent St. be replaced.

Attachments

Referred to Public Works Committee

 

7f.

Gregory Psarras et al request various changes to existing parking meters in Lincoln St. from 243 to 273 Lincoln St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Gregory Psarras, et al request two (2) residential parking signs be installed near the southern side of Duxbury Rd. in the area of the corner of Duxbury Rd. and 273B Lincoln St.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Milagros Rodriguez request handicap parking space in front of 67 Suffolk St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Jo Hart request both Gold Star Boulevard and West Boylston St. be make two-way streets in the interest of public safety.

Attachments

Petitioner spoke and Referred to Traffic and Parking Committee

 

7j.

William Belcher request City establish a policy that places broadband, satellite dish and the likes to be placed under the regulation authority and jurisdiction of the Cable Division and the Advisory Division of the City of Worcester. Further establish rules, regulations and fees for the companies above to be paid to the City of Worcester for each installation of satellite dish within the City of Worcester.

Attachments

Petitioner spoke under items of public interest - Referred to Public Service and Transportation Committee

 

7k.

Josefina Quinones request installation of handicap parking space in front of 27 Mendon St.

Attachments

Referred to Traffic and Parking Committee

 

7l.

Linda Palmerino request the traffic island at Flagg and Salisbury Sts. be painted on the base with reflective paint to prevent accidents.

Attachments

Referred to Traffic and Parking Committee

 

7m.

Emily Humte request handicap parking space in front of 319 Lovell St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

7n.

NATIONAL GRID for conduit location: TEMPLE & GREEN ST.

Attachments

Hearing Set for June 11, 2013 - 7:00 PM

 

7o.

NSTAR for a gas main location: SOUTHWOOD RD.

Attachments

Hearing Set for June 11, 2013 - 7:00 PM

 

7p.

WAVEGUIDE, INC. for conduit location: SALISBURY ST.

Attachments

Hearing Set for June 11, 2013 - 7:00 PM

 

7q.

Edward Moynihan request City Council advise the City Manager to end negotiations with Massachusetts Gaming & Entertainment and its affiliates immediately, as the slots parlor developer has objected to the City using promised money to hire a lawyer and consultant to negotiate the deal, still has not presented the Worcester City Manager with details about its proposal, and will not deliver on its promise of a hotel for Worcester.

Attachments

Leave To Withdraw at the request of the petitioner

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointments of Matthew Foster and Hilda Ramirez to the Worcester Arts Council.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointments of Julie Feeney, Jeremy Fontain and Barbara Zerillo to the Human Rights Commission.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Appointment of Victor Ortiz to the Elder Affairs Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of John Nah to the Commission on Disabilities.

Attachments

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

 
B.

Transmitting Informational Communication Relative to the Appointment of Matthew Yalouris to the Community Development Advisory Committee.

Attachments

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

 
C.

Transmitting Informational Communication Relative to the Appointment of Jessica Donovan to the Advisory Committee on the Status of Women.

Attachments

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

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

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

Attachments

Placed on file

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of Resolutions to File, Accept and Expend FY 14 Grant Funds from the Commonwealth's Division of Career Services.

Attachments

Sixteen (16) Resolutions adopted

 
B.

Transmitting Informational Communication Relative to the 2013 Out to Lunch Concert Series on the Worcester Common and Special Events.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to an Update of the Smart Grid Deployment.

Attachments

Referred to Economic Development Committee

 
D.

Recommend Adoption of a Resolution to File, Accept and Expend Funds from the State Department of Elementary and Secondary Education for the FY14 DESE Connecting Activities, Career Pathways and MCAS Grants.

Attachments

Three (3) Resolutions adopted

 
E.

Recommend Adoption of the City's Fiscal Year 2014/Program Year 39 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs - Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnerships (HOME) and Housing Opportunities for Persons with AIDS (HOPWA)

Attachments

Referred to Public Health and Human Services Committee

 
F.

Respectfully Request City Council’s Adoption of the attached Order for a Conservation Restriction with the Greater Worcester Land Trust for Twenty-Five Thousand Dollars ($25,000.00) Regarding Approximately 12.7077 Acres of Land Located off Airport Drive.Refer to CCM Item 8.29E

Attachments

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

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

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 April 2013.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Transmitting Informational Communication Relative to Green Hill Golf Course Caddy Giving Keynote Address.

Attachments

Referred to Youth, Parks and Recreation Committee

 
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
A.

Transmitting Informational Communication Relative to the Recent Supreme Judicial Court Decision in the Case of City of Worcester v. College Hill Properties, et al.

Attachments

Referred to Economic Development Committee

 
B.

Transmitting Informational Communication Relative to a Report on the Status of the Slot Parlor.

Attachments

Placed on file

 
 

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
A.

Recommend Adoption of the Attached Resolution Relative to Donations from Keller Williams Realty Volunteers.

Attachments

Resolution adopted

 
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Transmitting Informational Communication Relative to Improvements Recently Implemented at the Public Library.

Attachments

Referred to Education Committee

 
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Recommend City Council Accept with Gratitude, a donation of one Telesensory Video Magnifier, as received from Easter Seals Massachusetts' Assistive Technology Program.

Attachments

Order adopted with gratitude

 
 

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 City Administrative Expenses, Prescribed by 603 C.M.R. 10.04, in the Commonwealth's Calculation of Net School Spending.

Attachments

Referred to Finance Committee

 
B.

Transmitting Informational Communication Relative to All “New” Personnel Contained in the Fiscal Year 2014 Budget Recommendation.

Attachments

Referred to Finance 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
A.

Transmitting Informational Communication Relative to the DCU Center Special District Improvement Fund

Attachments

Referred to Economic Development Committee

 
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Nine Thousand Six Hundred Dollars And No Cents ($9,600.00) 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 a photo copier.

Attachments

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

 
B.

Recommend that Forty Thousand Dollars And No Cents ($40,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704JA, to fund costs associated with Architectural and Project Management for School Building Rehabilitation projects.

Attachments

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

 
C.

Recommend that Twelve Thousand Dollars And No Cents ($12,000.00) be transferred from Account #91C7800A, Citywide Capital Equipment, and be appropriated to Account #04C746, Economic Development Capital Equipment, for the purchase of a copy machine.

Attachments

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

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Requesting Authorization to Make Adjustments to City Accounts to Balance the Fiscal Year 2013 Budget.

Attachments

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

 
B.

Requesting Authorization to Make Capital Projects and Special Revenue Transfers to Departmental Project Accounts to Provide Funding During the Summer Months.

Attachments

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

 
C.

Recommend that Twelve Thousand Four Hundred Seventy Four Dollars And Forty Seven Cents ($12,474.47) be Transferred From Account #330-07, Reserve For Appropriation Damage Settlement, and be Appropriated to Various School Department Ordinary Maintenance Accounts.

Attachments

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

 
D.

Recommend that Seven Hundred Seventy Thousand Five Hundred Dollars ($770,500.00) be transferred from various accounts, and be appropriated to various accounts, to provide funding through the remainder of Fiscal 2013.

Attachments

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

 
E.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account #330-09, Reserve For Appropriation Real Estate Sales, and be appropriate to Account #043-92000, Economic Development Ordinary Maintenance to fund costs as detailed in the report from Economic Development.Refer to CCM Item 8.4F

Attachments

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

 
F.

SUPPLEMENTAL: Recommend that that Four Million Two Hundred One Thousand Three Hundred Thirty Two Dollars And No Cents ($4,201,332.00) be accepted from the U.S. Department of Housing and Urban Development for the Year XXXIX Community Development Block Grant Program, and Twenty Five Thousand Dollars And No Cents ($25,000.00) in anticipated Year XXXIX Program Income, be appropriated, when and as received, to various accounts to provide financing for projects and programs as described.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Recommend City Council Accept With Gratitude a Donation from Worcester Polytechnic Institute in the Amount of Ten Thousand Dollars And No Cents ($10,000.00) for the 2013 Wheels to Water Program.

Attachments

Order adopted with gratitude

 
9.

COMMUNICATION

9a.

Communication from Superintendent Melinda J. Boone transmitting communication relative to information requested at the May 28, 2013 budget session.

Attachments

Referred to Finance Committee

 

10.

TABLED ITEMS

10a.

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

 

10b.

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

 

10c.

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

 

10d.

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

 

10e.

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

 

11.

NEW BUSINESS UNDER SUSPENSION OF RULES

11a.

Motion Petty @ #8.13B CM – Request City Manager expand the boundary lines of the WRA authority to include Kelley Square.

Attachments

Order adopted

 

11b.

Motion Petty @ #5b CC – Request City Manager provide a report as to whether or not the droping off of flyers, brochures, and circulars at private properties throughout neighborhoods violates any city ordinances.

Attachments

Order adopted

 

11c.

Motion Eddy @ #8.4C CM – Request City Manager request the City Solicitor report who has oversight relative to the process for deployment of Smart Grid and what is City Council’s role.

Attachments

Order adopted

 

11d.

Councilor Toomey, Chairperson 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 Petition of Attorney Mark Donahue on behalf of 75 Grove St. LLC request to discontinue and abandon the portion of the public street known as Lancaster Terrace: recommend adoption of the accompanying Order

Attachments

Accepted & Order adopted on a roll call vote of 10 Yeas and 0 Nays (O'Brien absent)

 

11e.

Motion Germain @ #8.8A CM – Request the Mayor arrange to invite Julia McCarthy and Matt Moisan, the golf professional at Green Hill Park, to an upcoming City Council meeting to recognize Julia for her inspirational story regarding the profound impact Green Hill Park has had on her life and Matt for his role in Julia’s life.

Attachments

Order adopted

 

11f.

Motion Lukes – @ #8.13A CM - Request City Manager provide a report regarding 6 Wyman St. and explain whether or not it should or should not have a lodging house license at this location.

Attachments

Order adopted

 

11g.

Motion Petty – Suspension of Rules – That the City Council of the City of Worcester does hereby make the following changes to the City Council Meeting Schedule for 2013: 1.) That he City Council meeting scheduled for August 13, 2013 be rescheduled to August 20, 2013 due to the election primary for State Representative – 16th District taking place on August 13th; 2.) That the City Council meeting scheduled for September 10, 2013 be rescheduled to September 17, 2013 due to the election for State Representative – 16th District taking place on September 10th; 3.)That the Agenda for the September 17th will be a City Manager and City Council agenda that includes Finance Committee; and 4.) That the Agenda for the September 24th will be a City Manager agenda that includes the Economic Development quarterly reports.

Attachments

Councilor Lukes moved to Table this Under Privilege. Tabled Under Privilege - Lukes