CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 13, 2014

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:58 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 except for Councilor Rushton with the Mayor as Chair. Councilor Rushton arrived at 7:22 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 29, 2014.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following speakers: 1. Raymond Mariano, Worcester resident 2. Carl Gentile, Worcester resident 3. Allen Knoll, Worcester resident 4. Idella Hazard, Worcester resident 5. William Feegbeh, Worcester resident 6. Ed Moynihan, Worcester resident 7. Jo Hart, Worcester resident 8. John Provost, Worcester resident 9. Mesfin Beshir, Worcester resident

 

5b.

Mayor Petty recognized the presence of Janice Weekes, the newly appointed Director of the Worcester Workforce Central Career Center.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Donna Senosk request the manhole covers in front of 396-398 Chandler Street be replaced.

Attachments

Referred to Public Works Committee

 

7b.

Don Huard request Volkmar Road be resurfaced between West Boylston Street and Croydon Road.

Attachments

Referred to Public Works Committee

 

7c.

Kenneth Jones of Precision Capital LLC request abatement of street assessment #25207, in the amount of $4,139.07 for Dayton Place.

Attachments

Referred to Public Works Committee

 

7d.

Maureen Quinn request sidewalk repair in front of 33 to 37 Havelock Road.

Attachments

Referred to Public Works Committee

 

7e.

Felicio Lana request installation of resident permit parking in front of 27-29 West Street.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Gina Sheeran request Two Hour Parking from 7:00 A.M. to 7:00 P.M. in front of 59 Hamilton Street be removed and resident permit parking be put in its place.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Elaine Fisher request handicap parking space in front of 7 Richmond Avenue be moved to in front of 11 Richmond Avenue.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Councilor Philip P. Palmieri request installation of a stop sign at the corner of Wigwam Avenue where it intersects with Frank Street.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Councilor George J. Russell on behalf of Patrick Donahue request "No Turn On Red" sign be installed in Heywood Street onto Massasoit Road.

Attachments

Referred to Traffic and Parking Committee

 

7j.

LIGHTOWER FIBER NETWORKS for conduit location in: LYON STREET

Attachments

Hearing set for May 20, 2014 - 7:00 P.M.

 

8.

COMMUNICATIONS OF THE CITY MANAGER

 

8.1

APPOINTMENTS
Non-City Council Confirmation
A.

Transmitting Informational Communication Relative to the Appointment of Michael O'Neil to Constable.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Robert Hennigan to the Off Street Parking Board.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend Approval of the Appointment of Angela Jones to the Citizens Advisory Council.

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 2nd Opportunities Fair to be Held at the Great Brook Valley Community Center on Wednesday, May 21, 2014.

Attachments

Placed on file

 
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to the Creation of a Taxi Stand at the Union Station Intermodal Facility.

Attachments

Referred to Traffic and Parking Committee

 
B.

Recommend Adoption of a Resolution to File, Accept, and Expend a Grant of up to Thirty Thousand Dollars and No Cents ($30,000.00) Through Massport Community Charitable Giving for the Park Stewards Youth Program.

Attachments

Resolution adopted

 
C.

Recommend Approval of a Revised Zoning Ordinance Amendment Related to Commercial Corridors Overlay District that Encourages Compact, Mixed-Use, Pedestrian Friendly Development.

Attachments

Mayor Petty took this up with item #10a. Councilors Russell and Palmieri moved to be recused from both items. Mayor Petty moved for a roll call vote - Approved on a roll call vote of 9 Yeas and 0 Nays. Referred to Planning Board

 
D.

Transmitting Informational Communication Relative to an Update on the Philadelphia Tax Abatement Plan and the City’s Efforts to Incorporate Elements of the Plan into Worcester’s Economic Development Strategies.

Attachments

Referred to Economic Development Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

8.6

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

Recommend Approval of a Request for Easement from Voke Lofts Limited Partnership.

Attachments

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

 
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to the Construction Progress Report for the Month Ending April 30, 2014.

Attachments

Referred to Public Works Committee

 
B.

Transmitting Informational Communication Relative to the Spring 2014 Residential Waste Collection Events.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
A.

Recommend Adoption of a Resolution to File and Accept a TD Green Streets Grant from the Arbor Day Foundation of up to Nineteen Thousand Eight Hundred and Eighty Dollars and No Cents ($19,880.00).

Attachments

Resolution adopted

 
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
A.

Recommend City Council Adoption of five (5) Resolutions to File and Accept the following grants: FY 2014 Edward Byrne Memorial Justice Assistance Grant / Local Solicitation, FFY 2014 Violence Against Women Act STOP Grant, FFY 2015 Underage Alcohol Enforcement, FFY 2015 Traffic Enforcement Program, and the FFY 2015 Pedestrian and Bicycle Safety Enforcement and Equipment grant.

Attachments

Five (5) Resolutions adopted. Referred to Public Safety Committee for informational purposes only.

 
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

8.12

LICENSE COMMISSION
 

8.13

LAW DEPARTMENT
A.

Transmitting Communication Relative to the Proposed Recodification of the Rules of the City Council.

Attachments

Councilor Gaffney moved to table this item under privilege. Tabled Under Privilege - Gaffney

 
 

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 a Resolution to Apply for and Accept Funds of up to Five Thousand Dollars and No Cents ($5,000.00) from the Fallon Health Community Benefit Program.

Attachments

Resolution adopted

 
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend Adoption of a Resolution to Accept Seventeen (17) Donations Received During the First Quarter of 2014 that Total Seven Hundred and Thirty Five Dollars and No Cents ($735.00) to Support the Worcester Public Library.

Attachments

Resolution adopted

 
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Recommend Adoption of a Resolution to Accept Funds of up to Fifty Thousand Eighty Five Dollars and No Cents ($50,085.00) from the U.S. Department of Housing and Urban Development (HUD) through the Worcester Fair Housing Project (WFHP) of Community Legal Aid, Inc. (CLA).

Attachments

Resolution adopted

 
 

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
 

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 Requests for Proposals for Banking Services.

Attachments

Placed on file

 
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Four Thousand Dollars And No Cents ($4,000.00) be transferred from Account # 330-09, Real Estate Sales, and be appropriated to Account #11C702, Energy & Asset Management Building Rehabilitation, to fund the build out for the small City Hall Cafe, in the space adjacent to the information desk on the first floor of City Hall.

Attachments

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

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Account # 663-96000, Health Insurance and be appropriated to Human Resources, Injured On Duty Account #174-96000, to cover medical costs associated with the City of Worcester, Public Safety Injured on Duty claims through the end of the Fiscal Year 2014.

Attachments

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

 
B.

Recommend that Nineteen Thousand Five Hundred Seventy Nine Dollars And No Cents ($19,579.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account # 663-96000, Health Insurance, to provide funding for Fiscal Year 2014 3rd quarter health insurance expenses for Airport retirees, per the request of Jarrett Conner, Budget Director/Assistant Treasurer .

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
A.

Transmitting Informational Communication Relative to an Agreement to Renew the Naming Rights Contract of the DCU Arena and Convention Center.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Correspondence from Stephen O'Neil, Administrator of the Worcester Regional Transit Authority.

Attachments

Referred to Public Service and Transportation Committee

 
C.

Recommend City Council Accept with Gratitude a Donation in the Amount of Twenty Five Thousand and No Cents ($25,000) From the United Way, to Support Parks Based Youth Recreation Programs.

Attachments

Resolution adopted

 
D.

Transmitting Communication Relative to the Fiscal Year 2015 Budget Recommendation.

Attachments

Referred to Finance Committee

 
9.

COMMUNICATIONS

9a.

David J. Rushford, City Clerk, transmitting requested documents relative to the Executive Search for City Manager.

Attachments

Placed on file

 

9b.

David J. Rushford, City Clerk, transmitting on behalf of the Standing Committee on Public Health and Human Services their request to suspend the rules of City Council to request this body consider their two Reports relative to the Funding for the Fiscal Year 2015/Year 40 Community Development Block Grant Program.

Attachments

Mayor Petty moved to suspend the rules to take up the Reports of the Standing Committee on Public Health and Human Services - Approved on a voice vote. Under suspension of rules Reports taken up - see Items #13g and #13h. Communication placed on file.

 

9c.

David J. Rushford, City Clerk, transmitting informational communication regarding the immediate resignation of Dante Comparetto as a member of the Worcester Public Library Board of Directors.

Attachments

Placed on file

 

10.

REPORT OF THE PLANNING BOARD

10a.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager Request City Council Approval of a Zoning Ordinance Amendment Related to Encouraging Compact, Mixed-Use, Pedestrian Friendly Development.

Attachments

See item #8.4C - Accepted

 

11.

TABLED UNDER PRIVILEGE

11a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of Mayor Joseph M. Petty forwarding communication from Purchasing Director John Orrell notifying City Council that the city has received three proposals for Consultant Services relative to the Executive Search for City Manager: recommend adoption of the accompanying Order authorizing and requesting the Mayor and City Manager to enter into a contract with the firm of Randi Frank Consulting, LLC of Wallingford, Connecticut relative to the search for a City Manager. (Tabled Under Privilege - Lukes May 6, 2013)

Attachments

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

 

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.

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

 

12f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the recommended FY 2015 Water and Sewer Rate: recommend passage of the accompanying two proposed Ordinances. (Tabled Under Privilege - Lukes April 29, 2014 and Tabled May 6, 2014)

Attachments

No action taken

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion Petty @ #8.3A – Request City Manager notify various church groups and community organizations throughout the City regarding the 2nd Opportunities Fair to be held at the Great Brook Valley Community Center on Wednesday, May 21, 2014.

Attachments

Order adopted

 

13b.

Motion Rivera @ #8.4D – Request City Manager consider appointing a member of the Chandler Street Business Association when forming the Philadelphia Tax Abatement Plan Task Force. Councilor Economou moved to amend: to add business owners throughout the City Councilor Palmieri moved to amend: to add business owners in the Main Street and Pleasant Street areas. The Motion will read as follows: Request City Manager consider appointing a member from the Chandler Street Business Association, the Main Street and Pleasant Street areas and business owners throughout the city when forming the Philadelphia Tax Abatement Plan Task Force.

Attachments

Order adopted as amended

 

13c.

Motion Gaffney @ #8.4D – Request City Manager provide a report to City Council regarding the timetable for the creation of the Philadelphia Tax Abatement Plan Task Force.

Attachments

Order adopted

 

13d.

Motion Bergman @ #8.4D – Request City Manager look into possible zoning ordinance shifts within the City’s neighborhoods in order to assist the process of opening businesses throughout the City.

Attachments

Order adopted

 

13e.

Motion Lukes @ #8.6D – Request City Manager provide a report to City Council regarding the liabilities to the City regarding the easement granted to Voke Lofts Limited Partnership.

Attachments

Order adopted

 

13f.

Motion Russell @ #8.28A – Request City Manager consider advocating for Seven Hills Foundation to plug their workers into the local businesses in the Downtown Worcester area.

Attachments

Order adopted

 

13g.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending that Four Million One Hundred Eleven Thousand Five Hundred Twenty Dollars And No Cents ($4,111,520.00) be accepted from the U.S. Department of Housing and Urban Development Block Grant Program and Twenty Five Thousand Dollars And No Cents ($25,000.00), in anticipated Year 40 Program Income, be appropriated , when and as received to the following accounts to provide financing for projects and programs as described: recommend adoption of the accompanying Order. (See Item #9b).

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, Economou, Lukes, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay - Gaffney)

 

13h.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager recommending adoption of Resolutions to File and Accept Entitlement Funding Through the U.S. Department of Housing and Urban Development for the Fiscal Year 2015/ Program Year 40 Community Development Block Grant Program: recommend adoption of the accompanying four resolutions. (See Item #9b).

Attachments

(4) Resolutions adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, Economou, Lukes, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay - Gaffney)

 

13i.

Motion Petty @ #9a – Request City Manager request the City Solicitor provide City Council with a report as to the requirements of the Annual Review of the City Manager.

Attachments

Order adopted

 

13j.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update regarding the installation of lights and a camera system in University Park.

Attachments

Order adopted

 

13k.

Motion Rivera – Suspension of Rules – Request City Manager look into the dangerous and illegal use of dirt bikes in University Park and its abutting streets, Crystal and Illinois Streets. Councilor Russell moved to amend: to include the Granite Street area.

Attachments

Order adopted as amended

 

13l.

Motion Rivera – Suspension of Rules – Request City Manager consider meeting at Clark University with their campus police, neighborhood residents and organizations to address an increase of gang activity in their neighborhood.

Attachments

Order adopted

 

13m.

PETITION – Councilor Frederick C. Rushton request Rich Street be repaved.

Attachments

Referred to Public Works Committee

 

13n.

RESOLUTION – That the City Council of the City of Worcester hereby goes on record thanking all those involved in the clean-up activities around Indian Lake, including but not limited to the residents of the neighborhood, students from the Bancroft School, students and faculty of St. John’s High School, Assistant Commissioner of Parks, Recreation & Cemetery Robert C. Antonelli, Jr. and his staff, and the Indian Lake Watershed Association.

Attachments

Resolution adopted

 

13o.

Motion Toomey – Suspension of Rules – Request City Manager consider notifying residents through community policing and schools how to safely use dirt bikes and that it is illegal to use dirt bikes on city streets.

Attachments

Order adopted