CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 8, 2013

Esther Howland Chamber

Convened: 7:10 P.M.

Adjourned: 8:25 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

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 September 24, 2013.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty read a Proclamation declaring October 8, 2013 as “Bring More Soccer Fields to Worcester” Day. It was presented to Martha Kebeh. Also present was Carlos Acevedo and Laura Suroviak. They presented to Councilor Rivera, the chair of Youth, Parks and Recreation Committee, 500 postcards from the community requesting more rectangular fields.

Attachments

 

5b.

Mayor Petty recognized the following speakers:
1. William Breault, Worcester resident
2. Terry Kelly, Worcester resident
3. John Provost, Worcester resident
4. Jo Hart, Worcester resident

 

5c.

Mayor Petty announced Governor Patrick signed into Law the establishment of the Worcester County Commission on the Status of Women. This legislation was sponsored by Senator Harriette Chandler and State Representative Mary Keefe.

Attachments

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Councilor Joseph C. O'Brien request a city shade tree be planted in front of 436 Chandler St.

Attachments

Referred to the Department of Public Works & Parks

 

7b.

Dianne Cardoni request the sidewalk repair in front of 15 Houghton St.

Attachments

Referred to Public Works Committee

 

7c.

Gail Sealey et al request Greendale Ave. from West Boylston St. to Leeds St. be repaved.

Attachments

Referred to Public Works Committee

 

7d.

Emily Katzman request the traffic light situation at the intersection of Lincoln St. and Harlow St. be reevaluated, as to make the lights more visible.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Scott Archarel request to extend existing Resident Permit Parking on William St. to the corner of West St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Harold Boucher request speed calming signs or devices to reduce vehicles dangerously speeding on Olean St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Joseph Vancelette request to make the portion of Green Hill Pkwy within the park that is one-way into a two-way street.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Tracy Spencer request installation of multiple "Go Slow" advisory signs in Saratoga Dr.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Jo Hart request the City of Worcester sponsor an open, public forum for all candidates for local city office to be held at City Hall, televised, with opening statements from the candidates (no electronic devices, paper, or writing materials available to any candidate) and with public questions from the public to all or to selected candidates.

Attachments

Petitioner spoke. Placed on file

 

7j.

Jo Hart request strict term limits be instituted for all City Councilors, Mayor, and City Manager.

Attachments

Petitioner spoke. Placed on file.

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend Approval of the Appointments of Tina Baxter and Jesse Gibson to the Citizen Advisory Council.

Attachments

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

 
B.

Recommend Approval of the Appointments of Mark Borenstein, Cherlyann Holman, Tracey Pakstis-Claiborne and Dana Strong to the Community Development Advisory Committee.

Attachments

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

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
A.

Recommend Adoption of a Resolution to Accept with Gratitude a Donation of Two Hundred Dollars and No Cents ($200.00) by Altus Dental and Two Hundred and Fifty Dollars and No Cents ($250.00) by Clifford and Rano Associates, to Support the Eleanor Riik and the All Star Service Recognition Awards Ceremony.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Relative to Health Insurance Open Enrollment.

Attachments

Referred to Municipal Operations Committee

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of a Resolution to Apply for, Accept and Expend a Grant from the Massachusetts Office of Refugees and Immigrants (MORI), to Provide English as a Second Language and Job Placement Services for the Refugee Population in Worcester County.

Attachments

Resolution adopted

 
B.

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

Attachments

Voted to advertise proposed ordinance

 
C.

Transmitting Informational Communication Relative to the Worcester Redevelopment Authority Urban Renewal Plan - Citizen Advisory Committee Members.

Attachments

Referred to Economic Development Committee

 
D.

Transmitting Informational Communication Relative to an Update on the Community Development Block Grant (CDBG) Program.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend Approval of a Proposed Amendment of Chapter Five of the Revised Ordinances of 2008 Relative to Sewer Connection Permits.

Attachments

Voted to advertise proposed ordinance and Referred to Public Works Committee for informational purposes only.

 
 

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 August 2013

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Construction Progress Report for the Month Ending September 30, 2013.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to Accept a Donation from Worcester County Senior Athletic Association for the Upkeep of the Beaver Brook Softball Field.

Attachments

Resolution adopted with gratitude

 
B.

Transmitting Informational Communication Relative to an Update of Open Space & Recreation Plan.

Attachments

Referred to Youth, Parks and Recreation Committee

 
C.

Transmitting Informational Communication Relative to the Parks & Recreation Master Plan Update.

Attachments

Placed on file

 
 

8.9

FIRE DEPARTMENT
A.

Transmitting informational Communication Relative to a Report Relative to the Status of the Worcester Fire Department Fleet.

Attachments

Referred to Public Safety Committee

 
 

8.10

POLICE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a FY 2014 Sen. Charles E. Shannon, Jr. Community Safety Initiative 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.

Recommend Adoption of a Resolution to Apply for a Grant From the Massachusetts Department of Public Health Prevention and Wellness Trust Fund.

Attachments

Resolution adopted

 
B.

Transmitting Informational Communication Relative to the Mass In Motion Safe Routes to School Initiative.

Attachments

Referred to Public Works Committee

 
 

8.18

DIVISION OF ELDER AFFAIRS
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept, With Gratitude, five (5) Donations That Total One Hundred Twenty Dollars and No Cents ($120.00).

Attachments

Resolution adopted with gratitude

 
B.

Recommend Adoption of a Resolution to Accept With Gratitude a Donation of Five Hundred Thirty Dollars and No Cents ($530.00) From the Friends of the Worcester Public Library.

Attachments

Resolution adopted with gratitude

 
C.

Recommend Adoption of a Resolution to Accept With Gratitude a Donation of Ninety Thousand Dollars and No Cents ($90,000.00) From the Worcester Public Library Foundation.

Attachments

Resolution adopted with gratitude

 
D.

Transmitting Informational Communication Relative to the Opening of the First Branch of the One City, One Library Program.

Attachments

Placed on file

 
 

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 August Revenue Report.

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.

Recommend that Three Thousand Four Hundred Eleven Dollars And Ninety Six Cents ($3,411.96) be transferred from Loan Account #91C7311A, Water Capital Equipment, and be appropriated to Account #45C703, Water 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 10 Yeas and 0 Nays (Rivera absent)

 
B.

Recommend that Four Thousand Six Hundred Sixty Four Dollars And Eighty Four Cents ($4,664.84) be transferred from Loan Account #91C7802A, Capital Equipment, when and as received, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of a pressure washer for the Central Garage.

Attachments

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

 
C.

Recommend that Eighty Eight Thousand Four Hundred Sixty Five Dollars And No Cents ($88,465.00) be transferred from Loan Account #91C7804, Capital Equipment, when and as received, and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of two vehicles.

Attachments

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

 
D.

Recommend that Forty Four Thousand Five Hundred Twelve Dollars And Three Cents ($44,512.03) be transferred from Loan Account #91C744, Garage Building Rehabilitation, to DPW Account #46C706, Major Taylor Garage Rehabilitation, to allow for payment of current and anticipated obligations per the cash flow procedure.

Attachments

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

 
E.

Recommend that Eight Hundred Twenty Three Thousand Dollars And No Cents ($823,000.00) be transferred from Account #91C711, Citywide Building Rehabilitation, and be appropriated to Account #50C704JA, Worcester Public School Building Rehabilitation, to fund improvements to Science Lab at Worcester East Middle School and roof replacement at Heard Street School.

Attachments

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

 
 

8.29

FINANCE ITEMS
Operational Transfers
 

8.30

FINANCE ITEMS
Prior Year
A.

Recommend that Three Hundred And Fifty Six Dollars and Zero Cents ($356.00) be authorized from Fiscal Year 2014 Human Resources Ordinary Maintenance Account #1701-92000, to provide funds For Prior Year Invoices.

Attachments

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

 
 

8.31

FINANCE
Loan Orders
A.

To satisfy SRF requirements, I respectfully request that this new loan order with specific wording in the amount of One Million Five Hundred Forty Five Thousand Dollars And No Cents ($1,545,000.00) be authorized and designated to an appropriate Sewer Loan Account (#91C745). This funding will be for the construction costs relating to this I/I Project.

Attachments

Voted to advertised proposed Loan Order on a roll call vote of 11 Yeas and 0 Nays

 
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to an Update of the Worcester Regional Transit Authority Project.

Attachments

Referred to Public Service and Transportation Committee

 
B.

Transmitting Informational Communication Relative to the Status of the Food Truck Ordinance.

Attachments

Referred to Economic Development Committee

 
C.

Transmitting Informational Communication Relative to an Update of Constable Fee Submissions.

Attachments

Referred to Municipal Operations Committee

 
9.

COMMUNICATIONS

9a.

William Baird, P.E., LSP and President of Web Engineering Associates, Inc. transmitting notification of availability of a Revised Modified Immediate Response Action Plan for the former C.K. Smith property at 83 Crescent St.

Attachments

Placed on file

 

9b.

William Baird, P.E., LSP and President of Web Engineering Associates, Inc. transmitting notification of availability of an Immediate Response Action (IRA) plan for the former C.K. Smith property at 99 Crescent St.

Attachments

Placed on file

 

9c.

Benson Gould, LSP, LEP of CMG Environmental, Inc. transmitting notification of a Response Action Outcome Statement supporting closure of the Immediate Response Action Completion at Rice Square.

Attachments

Placed on file

 

9d.

The Department of Public Utilities transmitting Notice of Public Hearing and Request for Comments relative to a proposed cost-based rate design filed by National Grid.

Attachments

Placed on file

 

9e.

Steven Fecht, CESCO and Manager with Eric Wood, LSP, PG, PHg and Principal Consultant of Environ transmitting notice of filing a Release Abatement Measure (RAM) Completion and Response Action Outcome (RAO) Statement at 53 Millbrook St.

Attachments

Placed on file

 

9f.

Mayor Joseph M. Petty transmitting communication from John Glowik, Jr., CEO/President of Prime Wellness of Massachusetts notifying the city of their interest in placing an application for a Registered Marijuana Dispensary with in the City of Worcester.

Attachments

Placed on file

 

10.

REPORTS OF THE PLANNING BOARD

10a.

REPORT OF THE PLANNING BOARD Upon the Request of the City Manager to review the priority designation assigned to Brookside Avenue by Planning Board concerning private street conversion.

Attachments

Referred to Public Works Committee

 

10b.

REPORT OF THE PLANNING BOARD Upon the Petition of Anthony Larochelle request to make public HIlma St.

Attachments

Referred to Public Works Committee

 

11.

TABLED ITEMS

11a.

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

 

11b.

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

 

11c.

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

 

11d.

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

 

11e.

ORDER of Councilor Joseph C. O'Brien - Request City Manager provide City Council with a brief report concerning the process for insuring compliance with local and state laws in regards to all construction projects funded with city funds. (Tabled - O'Brien September 17, 2013)

Attachments

Councilor O’Brien moved to take the item of the Table – Mayor Petty moved for a roll call vote – Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (Germain absent) Councilor O’Brien moved to amend and read as follows: Request City Manager provide City Council with a brief report as to who enforces compliance of TIF’s in regards to all construction projects funded with city funds. Order adopted as amended.

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Lukes @ #32.A CM – Request City Manager report what insurance is in place to cover costs of any unforeseen events that may occur during the construction of the new WRTA maintenance and operation facility.

Attachments

Order adopted

 

12b.

Motion Lukes @ #8.4A CM – Request City Manager report the number of refugees who have settled in the city in the last ten (10) years and report if there is adequate funds for necessary support services.

Attachments

Order adopted

 

12c.

Motion Petty @ #8.7A CM – Request City Manager request the appropriate department address the graffiti and bulk trash at the proposed Visitors Center.

Attachments

Order adopted

 

12d.

Motion Lukes @ #8.9A CM – Request City Manager report mileage/ hours of operation to aid in determining wear and tear to the Fire Departments fleet.

Attachments

Order adopted

 

12e.

Motion Toomey @ #8.9A CM – Request City Manager report the number of Fire Department vehicles that have been upgraded with new parts.

Attachments

Order adopted

 

12f.

Motion Petty @ #8.32B CM – Request City Manager report what would be the role of the Commissioner of Parks, Recreation and Cemetery and the Parks and Recreation Commission concerning Food Trucks.

Attachments

Order adopted

 

12g.

Motion Toomey – Suspension of Rules - Request City Manager review permitting on the Common during early hours and whether or not the permitted event would be in conflict with the noise ordinance since this area is also residential.

Attachments

Order adopted

 

12h.

PETITION – Councilor Tony Economou on behalf of the Pulsifer family request a Stop Signs be installed at Mohave Rd. and Navajo Rd. as well as Navajo Rd. and Cheyenne Rd. in the vicinity of Marconi Rd.

Attachments

Referred to Traffic and Parking Committee

 

12i.

Motion Rushton – Suspension of Rules – Request the City Manager request from the owners of the Worcester Telegram & Gazette a formal notice of their intent as to whether or not they plan to stay in the City of Worcester.

Attachments

Councilor Toomey moved to be recused – Mayor Petty moved for a roll call vote – Councilor recused on a roll call vote of 10 Yeas and 0 Nays. Order adopted.

 

12j.

Motion Palmieri – Suspension of Rules – Request Commissioner of Public Works & Parks replace the missing Stop Sign at Coburn Ave. and Anna St.

Attachments

Order adopted

 

12k.

Motion Lukes – Suspension of Rules – Because of the recent media reports concerning police personnel, request City Council set a date for an Executive Session with the Police Chief.

Attachments

Not Put

 

12l.

Motion Rivera – Suspension of Rules – Request City Manager have the appropriate staff evaluate the street lighting around the Goddard School of Science and Technology and make recommendations for additional lighting and/or repair of existing lighting where needed.

Attachments

Order adopted