CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 28, 2014

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:42 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 Councilor Rushton who arrived at 7:06 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 October 14, 2014.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty thanked Major Steve Godin and Petty Officer 2nd Class Rafael Aguila, North High School JROTC, for their participation in the re-enactment of the Worcester Revolution of 1774 and Councilor Bergman provided them a Certificate of Recognition.

 

5b.

Mayor Petty recognized the following speaker:
1. John Provost, Worcester resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Thomas Quinn request installation of No Parking during the winter on the odd side of Sierra St.

Attachments

Referred to Traffic and Parking Committee

 

7b.

Miguel Miranda request installation of handicap parking space in front of 36 Gates St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Rember Parada request installation of resident permit parking in Beacon St. from Ripley St. to Hammond St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Bismark Yaw Torsu request removal of handicap parking space in front of 28 Lodi St.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Councilor George J. Russell on behalf of Sandra Brouillard request installation of a handicap parking space in the vicinity of 2 Cohasset St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Matthew Bansfield et al request installation of a streetlight at the edge of Oread Castle Park, halfway between the Alden/Castle St. streetlight and the bend below Ely St. at 32 Castle St. in the interest of public safety and deterring prostitution, drug use, illegal dumping and vandalism.

Attachments

Referred to Youth, Parks and Recreation Committee

 

7g.

Scott Ricker request City Council request City Manager to require all Boards & Commissions under his jurisdiction, when preparing and publicly posting agendas for public meetings, to include any and all attachments that are a part of each agenda item being considered, including but not limited to correspondence, charts, maps, graphs and/or plans.

Attachments

Referred to City Manager

 

7h.

William Breault request City Council and City Manager work with the City Solicitor and the Chief of Police to see if more aggressive sentencing, similar to those that apply to homicide, manslaughter and involuntary manslaughter, can be applied to unlawful distribution of a Class A controlled substance, namely heroin which results in an individual's death.

Attachments

Petitioner spoke and Referred to City Manager

 

7i.

LIGHTOWER FIBER NETWORKS for a conduit location in: ELM ST. AT LINDEN ST.

Attachments

Hearing set for November 18, 2014 - 7:00 P.M.

 

7j.

LIGHTOWER FIBER NETWORKS for conduit location in: PARK AVE./TOWNSEND ST.

Attachments

Hearing set for November 18, 2014 - 7:00 P.M.

 

7k.

NSTAR for a gas main location in: JUDSON RD.

Attachments

Hearing set for November 18, 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 Elizabeth Nguyen to the Elder Affairs Commission.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Shirley Konneh to the Human Rights Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend Approval of the Appointment of Susan Fahlbeck to the Commission on Disabilities.

Attachments

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

 
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Recommend Adoption of the Attached Resolution to File and Accept an Assessment Grant of up to Four Hundred Thousand Dollars and No Cents ($400,000.00) from the U.S. Environmental Protection Agency's Brownfields Program.

Attachments

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

 
B.

Transmitting Informational Communication Relative to Small Business Programs and Services Offered by the Executive Office of Economic Development.

Attachments

Referred to Economic Development Committee

 
C.

Recommend Adoption of a Resolution to Apply for, Accept, and Expend the AMP it up! Grant of up to Ten Thousand Dollars and No Cents ($10,000.00) from the Commonwealth of Massachusetts' Mass Development Office.

Attachments

Resolution adopted

 
D.

Recommend Adoption of a Resolution to Apply for, Accept, and Expend a Grant of up to Three Hundred Thousand Dollars and No Cents ($300,000.00) from the Hospitality Sector Pipeline Training Grant Program.

Attachments

Resolution adopted

 
E.

Transmitting Informational Communication Relative to a Series of Community Input Meetings regarding the City’s FY16/Program Year 41 U.S. HUD Entitlement Programs and Five Year Consolidated Plan Development Process.

Attachments

Placed on file

 
F.

Recommend Adoption of a Resolution to Accept a Gift from National Environmental Health Association for Travel to a Workshop Being Held in Denver, Colorado for One (1) Staff Person from the Executive Office of Economic Development, Housing Development Division

Attachments

Resolution adopted

 
G.

Transmitting Informational Communication Relative to the CDBG Program Year 40 – Substantial Amendment to the Annual Action Plan. Refer to CCM Item 8.29A

Attachments

Placed on file

 
 

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 the 2014 Fall Leaf Collection Program.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Keep Worcester Clean Activity Report for the Month of September 2014.

Attachments

Referred to Public Works Committee

 
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a FY 2015 Senator Charles E. Shannon, Jr. Community Safety Initiative Grant of up to Five Hundred Sixty Three Thousand Eight Hundred Fifty Eight Dollars and Ninety Cents ($563,858.90).

Attachments

Resolution adopted

 
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Transmitting Informational Communication Relative to the City’s State of Preparedness to Respond to Large Scale Disasters and as it Relates to a Public Health Emergency.

Attachments

Referred to Public Health and Human Services Committee

 
 

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.

Transmitting Informational Communication Relative to the Ebola Virus.

Attachments

Councilor Lukes moved to recommit to include details as to how the community responds to a viral event. Recommitted to City Manager

 
B.

Recommend Adoption of a Resolution to Accept an In-Kind Donation with an Approximate Value of One Thousand Dollars and No Cents ($1,000.00) from the American Public Health Association.

Attachments

Resolution adopted

 
 

8.18

DIVISION OF ELDER AFFAIRS
 

8.19

WORCESTER PUBLIC LIBRARY
 

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.

Recommend Adoption of an Order Establishing an Elderly Tax Exemption Program.

Attachments

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

 
 

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
 

8.28

FINANCE ITEMS
Capital Transfers
A.

Recommend that Two Hundred Nine Thousand Two Hundred Eleven Dollars And Ninety Two Cents ($209,211.92) be transferred from Loan Account #91C734A, Sewer Capital Equipment, and be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this Catch Basin Cleaner.

Attachments

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

 
B.

Recommend that Seventy Eight Thousand Three Hundred Forty Eight Dollars And No Cents ($78,348.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment.

Attachments

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

 
C.

Recommend that Forty Three Thousand Five Hundred Forty One Dollars And Thirty Four Cents ($43,541.34) be transferred from Account #91C780B, Fire Capital Equipment, to Account #26C701, Worcester Fire Department Capital Equipment for repair of the Rescue Truck.

Attachments

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

 
D.

Recommend that Thirty Thousand Dollars And No Cents ($30,000.00) be transferred from Loan Account #91C7440B, Building Rehabilitation, to DPW Account #46C704, Federal Plaza Garage, to allow for payment of current and anticipated obligations.

Attachments

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

 
E.

Recommend that Twenty Five Thousand One Hundred Twenty Six Dollars And Twenty Five Cents ($25,126.25) be transferred from Loan Account #91C7440A, Off-Street Parking Building Rehabilitation, to DPW Account #46C702, Pearl Elm Garage, to allow for the payment of current and anticipated obligations associated with this garage.

Attachments

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

 
F.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7244, Traffic Signal Equipment, and be appropriated to DPW Account #40C704, Traffic Signals, to allow for the purchase and payment of anticipated new equipment.

Attachments

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

 
G.

Recommend that Sixty Seven Thousand Eight Hundred Eighteen Dollars And Seventy Three Cents ($67,818.73) be transferred from Account #91C7114, Citywide Building Rehabilitation, and appropriated to Account #26C704, Worcester Fire Department Capital Rehabilitation .

Attachments

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

 
H.

I respectfully request that Sixty Seven Thousand Four Hundred Sixty Three Dollars And Fourteen Cents ($67,463.14) be transferred from the capital rehab holding account, to Account 25C702, police rehab for the design and installation of audio visual equipment in the real time crime center.

Attachments

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

 
I.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C7451C, Beaver Brook, and be appropriated to DPW Account #44C762, Beaver Brook Drainage Area to allow for the payment of current and future obligations.

Attachments

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

 
J.

Recommend that One Hundred Thousand Dollars and No Cents ($100,000.00) be transferred from Loan Account #91C7844 Park Improvements - Blackstone Gateway Park and be appropriated to Account #04C755 - Blackstone Gateway Park, to allow for current and anticipated contractual obligations.

Attachments

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

 
K.

SUPPLEMENTAL: I Respectfully Recommend that Twenty Five Thousand Five Hundred Dollars And No Cents ($25,500.00) be Transferred from Account #04C644, Neighborhood Improvements, to Account #50C70215, CSX-Worcester East Middle, as Requested by Melinda J. Boone, Superintendent of Schools, for the Payment of Signage and 15-Passenger Van for Worcester East Middle School Related to the Donation from CSX.

Attachments

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

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Two Million Nine Hundred Seventy Five Thousand Dollars And No Cents ($2,975,000.00) be transferred from CDBG unexpended balances accounts and be transferred to various CDBG accounts to provide funding for numerous projects that were approved as part of the City of Worcester's Year 40 Action Plan Substantial Amendment.Refer to CCM Item 8.4G

Attachments

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

 
B.

Recommend that Seventeen Thousand Eight Hundred Fifty Six Dollars And No Cents ($17,856.00) be transferred from Account #04T803, OPEB Trust Reserve, and be appropriated to Account #663-96000, Health Insurance, to provide funding for Fiscal Year 2015 first quarter health insurance expenses for Airport retirees, per the request of Thomas F. Zidelis, Chief Financial Officer .

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 a Needs and Resources Assessment and Strategic Process to Address Issues Surrounding Youth and Gang Violence in the City.

Attachments

Referred to Public Safety Committee and Public Health and Human Services Committee

 
B.

Transmitting Informational Communication Relative to the DCU Naming Rights Extension Agreement .

Attachments

Referred to Municipal Operations Committee

 
9.

TABLED UNDER PRIVILEGE

9a.

COMMUNICATION of the City Auditor transmitting the Independent Auditors Report on Financial Statements and Supplementary Information and the Management Letter of the DCU Center for the year ended June 30, 2014. (Tabled - Lukes October 21, 2014)

Attachments

Referred to Municipal Operations 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 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

 

10c.

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

 

10d.

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

Attachments

No action taken

 

10e.

COMMUNICATION of the City Manager transmitting informational communication relative to the number of properties in areas surrounding Holy Cross, Clark University, Becker College and WPI that are listed as having true four-bedroom units. (Tabled - Bergman August 19, 2014)

Attachments

No action taken

 

10f.

PETITION of Frank Kartheiser et al on behalf of the Worcester Community-Labor Coalition request City Council hold public hearings starting in October on charter change and that at the conclusion of the hearings the Council takes a vote on holding an election to let the voters decide Worcester's future form of government. (Tabled Under Privilege - Lukes August 19, 2014 and Tabled - Petty September 16, 2014)

Attachments

No action taken

 

11.

NEW BUSINESS UNDER SUSPENSION OF RULES

11a.

Motion Russell @ #7h CC – Request City Manager request the Police Chief provide data to City Council revealing drug busts of drug dealers over the past two (2) years.

Attachments

Order adopted

 

11b.

Motion Rosen @ #8.32A CM – Request City Manager report to City Council the existing mentoring programs within the city.

Attachments

Order adopted

 

11c.

Motion Toomey @ #8.4B CM – Request City Manager encourage a college study the demographics for the city and assist in presenting them in a more accurate light.

Attachments

Order adopted

 

11d.

Motion Russell @ #8.4B CM - Request City Manager communicate to City Council the efforts to inform local businesses when the city puts out bids to purchase products that they may sell.

Attachments

Order adopted

 

11e.

Motion Lukes @ #8.32B CM – Request City Auditor report the reasons behind the development of the agreement for the naming rights of the DCU Center.

Attachments

Order adopted

 

11f.

Motion Rivera – Suspension of Rules – Request City Manager provide a timeline for when the solar blinking lights will be installed at 1050-1060 Main St.

Attachments

Order adopted

 

11g.

Motion Rivera – Suspension of Rules – Request Police Chief conduct crosswalk stings at 1050-1060 Main St.

Attachments

Order adopted

 

11h.

Motion Rivera – Suspension of Rules – Request City Manager investigate the reasons an excessive number of street lights are not operating in the area of Gardner and Hollis Streets and remedy this in the interest of public safety.

Attachments

Order adopted

 

11i.

Motion Rushton – Suspension of Rules – Request City Manager consider the town of Shrewsbury as a possible cable services provider for Worcester.

Attachments

Order adopted

 

11j.

Motion Toomey – Suspension of Rules – Request City Manager contact Worcester Polytechnic Institute to discuss their cable service and perhaps have the school offer a program to audit cable services.

Attachments

Order adopted

 

11k.

PETITION – Councilor Tony Economou on behalf of the Winter Heights Subdivision off of Chester St. request the granite markers be reset to be at grade with the sidewalks at the following locations as soon as possible: 1, 13, 15, 23, 27, 28, & 29 Jasmine Dr.; 14, 18 & 32 Oriental St.; 3 & 18 Nizam Dr.; 4, 3, 24, 25, & 27 Snowy Owl Lane and both corners of Snowy Owl Lane & Jasmine Dr.

Attachments

Referred to Public Works Committee

 

11l.

PETITION – Councilor Tony Economou on behalf of Sheila Reed and the Greater Hammond Heights Neighborhood Association request two (2) bollards be installed on either side of the fire hydrant at the corner of Beechmont St. and Howatson Way, one on Beechmont St. and one on Howatson Way, as soon as possible.

Attachments

Referred to Public Works Committee