CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 21, 2014

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 9:27 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Morris A. Bergman Tony Economou
Michael T. Gaffney Konstantina B. Lukes
Philip P. Palmieri Sarai Rivera City Clerk
David J. Rushford
Gary Rosen 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 as Chair except for Councilors Rushton and Toomey. Councilor Rushton arrived at 7:12 P.M. and Councilor Toomey arrived at 7:18 P.M.

Note: Assistant City Clerk Susan M. Ledoux, clerk

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 January 2, 2014.

Attachments

Order adopted

 

4b.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 7, 2014.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following speakers:
1. Jim Bentsen, Millville, MA
2. Barbara Bentsen, Millville, MA
3. Pamela Steinberg, Worcester resident
4. Claire Donegan, Quincy resident
5. Patricia Burke, Millis resident
6. John Provost, Worcester resident
7. Jo Hart, Worcester resident
8. Luke Robert, Leicester resident
9. Leslie Saffer, Worcester resident
10. Len Zalauskas, Worcester resident
11. Steven Bayer, Shrewsbury resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Mahmoud Soheili and Aliveza Avshadi request street name change for Olean Circle to Soheili Circle.

Attachments

Referred to Planning Board

 

7b.

Robert and Karen Kett request the removal of the stop sign at Moreland Green Dr. and Ledgewood Ln.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Mike Hickey of Interline Brands, Inc. request the installation of additional truck prohibition signage in Lincoln St. inbound in the vicinity of Gilman St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Lucien Guertin et al request to stop the devious practice of auctioning of tax liens on owner occupied properties and bring this for a vote.

Attachments

Petitioners heard - Referred to City Manager

 

7e.

John Dick et al request to speak before City Council in opposition to the National Grid Smart Energy Solutions Pilot Program.

Attachments

Petitioners heard - Referred to Public Service and Transportation Committee

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to Constable Appointments.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointments of Jennifer Carey and Thomas Conroy to the Worcester Arts Council.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend City Council Amend and Re-adopt a Resolution to Accept a MassWorks Infrastructure Program Grant from the Commonwealth of Massachusetts Executive Office Housing and Economic Development

Attachments

Resolution adopted

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend Adoption of an Order Relative to a Lease Agreement for Parking at Major Taylor Garage by the U.S. Postal Service.

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 the Construction Progress Report for the Month Ending December 31, 2013.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Issues of Graffiti.

Attachments

Referred to Public Safety Committee

 
C.

Transmitting Informational Communication Relative to Potholes.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend City Council Accept with Gratitude a Donation of Six Hundred Ten Dollars and No Cents ($610.00) from Skyhawks Sports Academy, Inc.

Attachments

Resolution adopted with gratitude

 
B.

Recommend City Council Accept with Gratitude a Donation of Two Thousand Two Hundred Ninety Nine Dollars and Ninety Nine Cents ($2,299.99) from Park Spirit of Worcester.

Attachments

Resolution adopted with gratitude

 
 

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 Open Meeting Law.

Attachments

Referred to Rules and Legislative Affairs Committee

 
B.

Transmitting Informational Communication Relative to Henry and Madeline Martin v. City of Worcester Zoning Board of Appeals et al.

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
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend City Council Accept with Gratitude a Donation of Twenty Thousand Dollars and No Cents ($20,000.00) from Worcester Public Library Foundation to Purchase Books for Lilly, the New Mobile Library.

Attachments

Resolution adopted with gratitude

 
 

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
A.

Transmitting Informational Communication Relative to Non Profit Exempt Properties.

Attachments

City Manager Augustus requested to be recused. Mayor Petty moved for a roll call vote - City Manager recused on a roll call vote of 11 Yeas and 0 Nays. The City Manager left the room and City Solicitor David Moore was present as the City Manager designee. Councilor Rivera disclosed that she is a pastor of a church listed in the report. Referred to Municipal Operations Committee

 
 

8.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Transmitting Informational Communication Relative to the City's Revenues and Expenditures Through November for Fiscal Year 2014, per the City's Five Point Plan.

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
A.

Recommend Adoption of an Order for the Issuance of Refunding Bonds.

Attachments

Voted to advertise proposed Loan Order

 
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred as follows: $100,000.00 from Loan Account #91C7414, Street Construction/Sidewalks, and $50,000.00 from Loan Account #91C7411J, Street and Sidewalk, and that the total be appropriated to Account #41C797, Sidewalks to allow for the payment of current and future obligations.

Attachments

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

 
B.

Recommend that Sixteen Thousand Two Hundred Seventy Six Dollars And No Cents ($16,276.00) be transferred from Loan Account #91C7413J, McKeon Road, and be appropriated to DPW Account #41C728, McKeon Road Project, to allow for the payment of current and future obligations as per the cash flow procedure. (City Manager Augustus recused.)

Attachments

City Manager Augustus requested to be recused. Mayor Petty moved for a roll call vote - City Manager recused on a roll call vote of 11 Yeas and 0 Nays. The City Manager left the room and City Solicitor David Moore was present as the City Manager designee. Order adopted on a roll call vote of 11 Yeas and 0 Nays

 
C.

Recommend that Ten Thousand One Hundred Ninety Six Dollars And Ninety Six Cents ($10,196.96) be transferred from the following , $10,133.39 from Account #91C7800A, Citywide Capital Equipment and $63.57, from Account #91C780, Citywide Capital Equipment, and be appropriated to Account #61C701, Administration & Finance Capital Equipment, for the purchase of new Pitney Bowes Mailing Equipment for the Treasury Division Mailroom operations, per the request of Mariann Castelli Hier, City Treasurer.

Attachments

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

 
D.

Recommend that One Hundred Sixteen Thousand Dollars And No Cents ($116,000.00) be transferred from Loan Account #91C7314, 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 11 Yeas and 0 Nays

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Eight Hundred Sixteen Thousand Four Hundred Seventy Five Dollars And Fifty Cents ($816,475.50) be transferred as follows, so as to provide sufficient funding for the Off-Street Program for the Third Quarter of Fiscal Year 2014.

Attachments

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

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
9.

TO BE ORDAINED

9a.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide two (2) handicap parking spots on Brantwood Road adjacent to 1010 Pleasant Street.

Attachments

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

 

9b.

Amending Section 40 of Chapter 14 of the Revised Ordinances of 2008 to extend resident permit parking only on Elizabeth Street to include #19 Elizabeth Street.

Attachments

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

 

9c.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to extend existing resident permit parking on Lyons Street to Shrewsbury Street.

Attachments

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

 

9d.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on both sides of Buckley Road from 9A.M. to 2 P.M. Monday-Friday School Days Only, from Zenith Drive to Southerly Terminus of public way, and June Street to Northerly Terminus of public way. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Iroquios Street from Quissett Street to the westerly terminus of Iroquois Street from 9 A.M. TO 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Marcy Street from Zenith Drive to June Street from 9 A.M. to 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Quissett Street from Zenith Drive to Iroquois Street from 9 A.M. to 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Wamsutta Avenue 9 A.M. to 2 P.M. Monday-Friday School Days Only between May Street and westerly terminus of public way, and Potomska Street to westerly terminus of public way. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Zenith Drive from May St. to Quissett St. southerly intersection 9 A.M. to 2 P.M. Monday-Friday School Days Only.

Attachments

Six ordinances Ordained on a roll call vote of 11 Yeas and 0 Nays

 

9e.

Amending Section 29 of Chapter Two of the Revised Ordinances of 2008 relative to Amending the Permit and Inspection Fee Ordinance for the CitySquare Project.

Attachments

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

 

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.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilor Joseph C. O'Brien - Request City Council amend the Salary Ordinance of the Mayor to be equal to twice the salary of a City Councilor effective January 1, 2016: recommend adoption of the accompanying new Order that the salary of the Mayor be a yearly flat rate of $43,500, effective January 2, 2016. (Tabled - Germain December 10, 2013)

Attachments

No action taken

 

10f.

COMMUNICATION of the City Manager transmitting communication relative to parking meters at Rockwood Field. (Tabled Under Privilege - Eddy December 10, 2013 and Tabled December 17, 2013)

Attachments

No action taken

 

10g.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Chairman's Order from the Committee on Public Health & Human Services - Request City Manager request the City Solicitor review the Model Ordinance prohibiting the use of wild and exotic animals in traveling shows and circuses (see attached) and present to City Council a proposed ordinance for the city of Worcester relative to the same. Further, request City Manager develop a protocol involving an interdisciplinary process or oversight for implementation of the proposed ordinance to include Animal Control, Board of Health and Inspectional Services: recommend adoption of the accompanying Order as depicted above. (Tabled - Petty January 7, 2014)

Attachments

No action taken

 

11.

NEW BUSINESS UNDER SUSPENSION OF RULES

11a.

Motion Rushton @ #5a CC – Request City Manager request Commissioner of Public Health review the material relative to Smart Grid technologies provided to City Council and report to City Council his opinion. Mayor Petty moved to amend: Further, request City Manager report the legal aspects of Smart Grid technologies, such as what the role of City Council and the Zoning Board of Appeals is, and how the Telecommunications Act applies to this project.

Attachments

Order adopted as amended

 

11b.

Motion Lukes @ #5a CC – Request City Manager create a report regarding how National Grid defines itself as a telecommunication company, what process they went through to become one and why it has any legal standing in front of the Zoning Board of Appeals.

Attachments

Order adopted

 

11c.

Motion Bergman @ #5a CC – Request City Manager request the City Assessor provide a report as to what impact Smart Grid meters and towers have had to properties values in other city or towns throughout the country.

Attachments

Order adopted

 

11d.

Motion Palmieri @ #5a CC – Request City Manager report as to the factual adverse health effects caused by smart grid meters or towers to other communities throughout the country.

Attachments

Order adopted

 

11e.

Motion Toomey @ #5a CC – Request City Manager provide data concerning health impacts caused by power lines, cell phones or other devices so that this data can be used for a comparison against health impacts caused by smart grid meters or towers.

Attachments

Order adopted

 

11f.

Motion Lukes @ #5a CC – Request City Manager report whether or not smart meters are taxable or exempt and also what is National Grid’s tax status in this city.

Attachments

Order adopted

 

11g.

Motion Petty @ #5a CC – Request City Manager report as to the reasons why Connecticut, New Jersey, California or any other state or countries who have stopped smart grid programs. Further, report the reasons behind the state of Maine’s Lawsuit with Smart Grid.

Attachments

Order adopted

 

11h.

Motion Petty @ #5a CC – Request City Manager report what training for health care workers have been offered relative to smart grid.

Attachments

Order adopted

 

11i.

Motion Petty @ #7e CC – Request City Manager provide a report as to National Grids' plans in regards to minimizing noise complaints on Tory Fort Lane, including but not limited to the construction of sound barrier walls.

Attachments

Order adopted

 

11j.

Motion Petty @ #7e CC – Request City Manager report as to the financial effect of Smart Grid meters on rates after the program is instituted.

Attachments

Order adopted

 

11k.

Motion Russell @ #8.5A CM – Request City Manager provide a status report concerning the ongoing dispute between the hotel and Major Taylor Garage relative to parking spaces.

Attachments

Order adopted

 

11l.

Motion Russell @ #8.5A CM – Request City Manager provide City Council with a report relative to the restaurant facility at the Major Taylor Parking Garage regarding equipment, funding and include a copy of the lease agreement. Further, request City Manager report why this lease did not go before City Council for approval.

Attachments

Order adopted

 

11m.

Motion Toomey @ #8.5A CM – Request City Manager in a report calculate how charging an extra $1.00 for parking would affect how the Major Taylor Garage is funded.

Attachments

Order adopted

 

11n.

Motion Rosen @ #8.23A CM – Request City Clerk provide City Council with a copy of the Mayor’s Social Service Task Force Report.

Attachments

Order adopted

 

11o.

Motion Russell @ #8.23A CM – Request the Mayor and City Manager consider withdrawing support from business owners who have applied to site a medical marijuana dispensaries in Worcester unless the applicant is willing to make a commitment to make a taxable contribution to the city.

Attachments

Order adopted

 

11p.

Motion Toomey @ #8.23A CM – Request City Manager look at what can be done using home rule legislation to attract businesses and consider creating a program that gives the local colleges the opportunity to work with the Chamber of Commerce to bring businesses into Worcester that are complimentary to the needs of the schools, the students, and the residents.

Attachments

Order adopted

 

11q.

Motion Economou @ #8.23A CM – Request City Manager request City Assessor provide City Council with a copy of a report entitled “Property Tax Exemptions for Non-Profits and Revenue Implications”.

Attachments

Order adopted

 

11r.

Motion Palmieri – Suspension of Rules – Request City Manager put together a package for expansion of express trains to the city.

Attachments

Order adopted

 

11s.

Motion Rosen – Suspension of Rules – Request the Standing Committee on Public Service & Transportation review the rates for services charged by Charter Communications and make sure the company is providing senior citizens and others who qualify with any discounted rates or plans available.

Attachments

Referred to Public Service and Transportation Committee

 

11t.

Motion Rosen – Suspension of Rules – Request City Manager request the Traffic Engineering Division synchronize to avoid long traffic backups at the two sets of lights at Pleasant St./Wrentham Rd. and Pleasant St./Moreland St.

Attachments

Order adopted