CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 2, 2014

Esther Howland Chamber

Convened: 7:18 P.M.

Adjourned: 9:30 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

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 November 18, 2014.

Attachments

Order adopted

 

5.

HEARINGS & ORDERS

5a.

Hearing: VERIZON NEW ENGLAND, INC. for conduit location in: QUINSIGAMOND AVENUE Granting permission to VERIZON NEW ENGLAND, INC. for conduit location in: QUINSIGAMOND AVENUE

Attachments

Hearing held and closed. Councilor Palmieri moved to Table the Granting of Permission under privilege. Tabled Under Privilege - Palmieri

 

5b.

Hearing: VERIZON NEW ENGLAND, INC. for conduit location in: RAYMOND ST./FIFTH AVE./VERNON ST. Granting permission to VERIZON NEW ENGLAND, INC. for conduit location in: RAYMOND ST./FIFTH AVE./VERNON ST.

Attachments

Hearing held and closed. Councilor Palmieri moved to Table the Granting of Permission under privilege. Tabled Under Privilege - Palmieri

 

5c.

Hearing: NATIONAL GRID for conduit location in: WILTSHIRE DR./FOREST ST. Granting permission to NATIONAL GRID for conduit location in: WILTSHIRE DR./FOREST ST.

Attachments

Hearing Held & Order adopted

 

6.

TAX CLASSIFICATION HEARING

6a.

Hearing: To determine tax rates for residential, commercial, industrial and personal properties for Fiscal Year 2015.

Mayor Petty moved to reschedule the hearing to December 9, 2014. Hearing rescheduled for December 9. 2014.

 

6b.

COMMUNICATION of the City Manager Transmitting Informational Communication Relative to the Tax Rate Classification Hearing for FY2015.

Attachments

Mayor Petty moved to Table the Item under privilege for the Tax Classification hearing rescheduled to December 9, 2014 Tabled Under Privilege - Petty Note: This communication is revised by item #11.23D

 

7.

FIRST ITEM OF BUSINESS - Quarterly Economic Development Reports - see item #11.4A

8.

ITEMS OF PUBLIC INTEREST

8a.

Mayor Petty recognized the following speakers:
1. Ronal Madnick, Worcester resident
2. John Provost, Worcester resident
3. Frank Zitomersky, Worcester resident
4. Angeline Bilotta, Worcester resident
5. Chris Robarge, Worcester resident
6. Kevin Ksen, Worcester resident
7. George Kerxhalli, Worcester resident
8. Terry Kelly, Worcester resident

 

9.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

10.

PETITIONS

10a.

Alfred Bohigian request St. Elmo Rd. be resurfaced.

Attachments

Referred to Public Works Committee

 

10b.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for joint-pole location in: CHINO AVE.

Hearing set for December 9, 2014 at 7:00 pm

 

10c.

Jo Hart requests City Council request the City Manager request the state legislature request URS Corp. to release to the public at a full City Council meeting here in Worcester the complete results, the complete physical intake of all comments/writings, the full scope of everything received by URS and WRTA during the URS study of the WRTA, not edited or filtered though URS or the WRTA or the city or state government.

Attachments

Petitioner spoke and Referred to the City Manager

 

10d.

Michael Grandone request City Manager and City Council to consider real estate taxes for both residential and commercial owners be "frozen" at the current rate for three (3) years and ask all non-profits to contribute monies in good faith to a monetary fund that would cover the needed tax increase that our City so desperately needs, to offset said "frozen" tax increases the real estate owners would have had to pay to cover their yearly tax increase.

Attachments

Petitioner spoke and Referred to Municipal Operations Committee

 

11.

COMMUNICATIONS OF THE CITY MANAGER

 

11.1

APPOINTMENTS
Non-City Council Confirmation
 

11.2

APPOINTMENTS
City Council Confirmation
A.

Transmitting Communication Relative to the Appointment of Martha Assefa to the Community Development Advisory Committee.

Attachments

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

 
 

11.3

DEPARTMENT OF HUMAN RESOURCES
 

11.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to the Quarterly Economic Development Report.

Attachments

Referred to Economic Development Committee

 
B.

Recommend Adoption of a Resolution Relative to the Establishment of the Salisbury Cultural District.

Attachments

Referred to Economic Development Committee

 
 

11.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
 

11.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

11.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
A.

Transmitting Informational Communication Relative to Holiday Parking & Parking Improvements.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to a Public Outreach Regarding Winter Parking Bans.

Attachments

Referred to Traffic and Parking Committee

 
C.

Transmitting informational communication relative a report as to when the Street Resurfacing Improvement List will come forward.

Attachments

Placed on file

 
 

11.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

11.9

FIRE DEPARTMENT
 

11.10

POLICE DEPARTMENT
A.

Transmitting Informational Communication Relative to Issues Causing Damage to Businesses and Agencies in and Around 70 James Street.

Attachments

Referred to Public Safety Committee

 
 

11.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
 

11.12

LICENSE COMMISSION
 

11.13

LAW DEPARTMENT
A.

Recommend Approval of Legislation to Impose a Fine on Motorists That Damage a Bridge That is Marked with a Height Restriction.

Attachments

Councilor Bergman moved to Table the Item. Tabled - Bergman

 
 

11.14

DEPARTMENT OF INSPECTIONAL SERVICES
Administration
 

11.15

DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
 

11.16

DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
 

11.17

DIVISION OF PUBLIC HEALTH
A.

Transmitting Informational Communication Relative to the City's state of Preparedness to respond to an Ebola Outbreak.

Attachments

Referred to Public Health and Human Services Committee

 
B.

Transmitting Informational Communication Relative to the 13th Annual Goods for Guns Buyback Program on Saturday, December 13, 2014 from 9am - 4pm at the Worcester Police Department Headquarters.

Attachments

Placed on file

 
 

11.18

DIVISION OF ELDER AFFAIRS
 

11.19

WORCESTER PUBLIC LIBRARY
 

11.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
 

11.21

EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division
 

11.22

PUBLIC SCHOOL DEPARTMENT
 

11.23

DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division
A.

Transmitting Informational Communication Relative to an Update as to the Status of Petitions made by property owners to the Massachusetts Appellate Tax Board.

Attachments

Mayor Petty moved to Table the Item under privilege for the Tax Classification hearing rescheduled to December 9, 2014 Tabled Under Privilege - Petty

 
B.

Transmitting Informational Communication Relative to Elderly and Veterans Tax Exemptions.

Attachments

Mayor Petty moved to Table the Item under privilege for the Tax Classification hearing rescheduled to December 9, 2014 Tabled Under Privilege - Petty

 
C.

Transmitting informational communication relative to a report that compares all actual commercial real estate sale prices over the last six months with the assessed values for those same properties.

Attachments

Note: City Council received an attachment to add a page to this item. Mayor Petty moved to Table the Item under privilege for the Tax Classification hearing rescheduled to December 9, 2014 Tabled Under Privilege - Petty

 
D.

SUPPLEMENTAL: I respectfully submit the following updated supplemental item relative to the tax classification

Attachments

Mayor Petty moved to Table the Item under privilege for the Tax Classification hearing rescheduled to December 9, 2014 Tabled Under Privilege - Petty Note: This communication revises item #6b

 
 

11.24

DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division
A.

Recommend Authorization to use funds from various revolving fund accounts in Fiscal Year 2015, as required prior to the certification of the tax rates by the Department of Revenue.

Attachments

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

 
 

11.25

DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management
 

11.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

11.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

11.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

11.29

FINANCE ITEMS
Capital Transfers
A.

Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account #91C7453A, New Sewers, and be appropriated to DPW Account #44C750, Lateral Sewers, to allow for the current and future obligations to be met.

Attachments

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

 
B.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C7414, Street Construction, and be appropriated to DPW Account #41C768, Private Street Conversion, to provide funds for current and future expenditures.

Attachments

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

 
C.

Recommend that One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be transferred from Loan Account #91C7454, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, to allow for the payment of current and future obligations.

Attachments

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

 
D.

Recommend that Three Million One Hundred Fifty Thousand Dollars And No Cents ($3,150,000.00) be transferred from Loan Account #91C7394, Trunk Sewers/Interceptors, and be appropriated to DPW Account #44C752, Cambridge Street Sewer, to allow for the payment of current and future obligations associated with this sewer project.

Attachments

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

 
E.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C741B, Street Resurfacing, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Attachments

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

 
F.

Recommend that Five Hundred Thousand Dollars And No Cents ($500,000.00) be transferred from Loan Account #91C745O, Lake Ave Pump Station, and be appropriated to DPW Account #44C724, Belmont Street/Lake Ave Sewer Project, to allow for the payment of anticipated obligations associated with this capital project.

Attachments

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

 
G.

Recommend that Seventy Four Thousand Dollars And No Cents ($74,000.00) be transferred from Loan Account #91C7803A, Capital Equipment, when and as received and be appropriated to DPW Account #41C703, Capital Equipment, to allow for the purchase and future payment of this much needed traffic signal equipment.

Attachments

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

 
H.

Recommend that Seventy Two Thousand Six Hundred Eighty Eight Dollars And No Cents ($72,688.00) be transferred from Loan Account #91C734A, Sewer Capital Equipment, when and as received and to be appropriated to Account #44C704, Sewer Capital Equipment, to allow for the purchase and future payment of this vehicle.

Attachments

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

 
I.

Recommend that Fifty Two Thousand Dollars And No Cents ($54,000.00) be transferred from the CSX donation account #04C644, Neighborhood Improvement, and transferred to Account 25C429, CSX Funds Camera, to allow for the purchase of security cameras.

Attachments

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

 
 

11.30

FINANCE ITEMS
Grants and Donations
A.

Recommend Adoption of a resolution to file and accept an increase of funds from the Massachusetts Department of Public Health in partnership with the Massachusetts Association of Councils on Aging (MCOA) in the amount of Ten Thousand Dollars And No Cents ($10,000.00).

Attachments

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

 
B.

Recommend Adoption of a Resolution to File and Accept a 2014-2015 US Department of Transportation Hazardous Material Emergency Grant Application.

Attachments

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

 
C.

Recommend Adoption of a Resolution to Accept an FFY14 Metropolitan Medical Response System (MMRS) Grant.

Attachments

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

 
D.

Recommend Adoption of a Resolution to Accept and Expend Grant Funds through the Pilot Projects to Reduce Dependency and Increase Work Requirements and Work Effort under the Supplemental Nutrition Assistance Program (also known as the SNAP Employment & Training Grant) from the U.S. Department of Agriculture Foods and Nutrition Service Office.

Attachments

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

 
E.

Recommend Adoption of Resolution to Accept and Expend A Grant from the Massachusetts Workforce Competitiveness Trust Fund Addressing the Middle Skills Gap Grant Program.

Attachments

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

 
 

11.31

FINANCE ITEMS
Operational Transfers
A.

Recommend that One Thousand Seven Hundred Seventy Four Dollars And No Cents ($1,774.00) be transferred from Account #550-92000, Public Library Ordinary Maintenance, and be appropriated to Account #550-93000, Public Library Capital, to provide funding for a projector for the library computer classroom.

Attachments

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

 
B.

Recommend that Four Hundred Eight Five Thousand Nine Hundred Dollars And No Cents ($485,900.00) be transferred to finalize the City's FY15 Annual Budget, and furthermore, recommend that Four Million Six Hundred Fifty Six Thousand Six Hundred Forty Eight Dollars And No Cents ($4,656,648.00) in FY14 certified free cash be appropriated to various departmental accounts.

Attachments

(2) Orders adopted on a roll call vote of 11 Yeas and 0 Nays

 
 

11.32

FINANCE ITEMS
Prior Year
A.

Recommend that Two Thousand Three Hundred Sixteen Dollars And No Cents ($2,316.00) be authorized from Account #173-91101 for a prior year payment for the Wheels to Water program.

Attachments

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

 
 

11.33

FINANCE
Loan Orders
 

11.34

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting Informational Communication Relative to the 14th Annual Caffrey Award Nomination Process.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to Mid Year Budget Shortfall in State Revenues.

Attachments

Placed on file

 
12.

TO BE ORDAINED

12a.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide for handicap parking in front of 30 Kosta Street.

Attachments

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

 

12b.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to provide handicap parking in front of 70 James Street.

Attachments

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

 

12c.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 41 Mann Street.

Attachments

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

 

12d.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 113 Merrifield Street.

Attachments

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

 

12e.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking adjacent to 80 Stanton Street on Vinson Street.

Attachments

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

 

12f.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind to rescind handicap parking across from 2 Cheever Street.

Attachments

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

 

12g.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 75 Providence Street.

Attachments

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

 

12h.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to install 15 Minute Parking 8am – 7pm in front of 240 Shrewsbury Street.

Attachments

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

 

12i.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for Stop Sign on Peabody Street at Plantation Street. Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for Stop Sign on Peabody Street at Franklin Street.

Attachments

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

 

13.

TABLED UNDER PRIVILEGE

13a.

ORDER of Councilor Frederick C. Rushton – Request City Manager work with Board of Directors of the Worcester Public Library to consider implanting a Food for Fines program at the Main Public Library, 3 Salem Square, similar to the program currently operating in many Massachusetts communities such as Plymouth, Natick and Grafton (see attached). (Tabled Under Privilege November 25, 2014 - Petty)

Attachments

Order adopted

 

14.

TABLED ITEMS

14a.

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

 

14b.

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

 

14c.

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

 

14d.

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

 

14e.

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

 

14f.

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

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Motion Bergman @ #11.13A – Request City Manager request City Solicitor provide City Council with a report concerning whether or not insurance pays the City or whoever owns the property restitution when a motorists hits and damages a bridge in the City.

Attachments

Order adopted

 

15b.

Motion Petty @ #11.23C CM – Request City Manager request City Assessor provide City Council with an update of the communication regarding the comparisons of all actual commercial real estate sale prices over the last six months with the assessed values for those same properties which includes a spreadsheet version of the reports filed so as to properly analyze the data, clarification of what an NLA Code is, addresses of properties appealed to the Massachusetts Appellate Tax Board, clarification of what happened to remaining 2,000-plus properties for which abatements were sought in the City and who did not have their abatements forwarded to the Massachusetts Appellate Tax Board and lastly, why the report does not account for the thirty percent vacancy of commercial properties in the City and instead uses a hypothetical potential value.

Attachments

Order adopted

 

15c.

Motion Russell @ #11.23C CM – Request City Manager request City Assessor provide City Council with a summary of all the statistics concerning the assessed values of commercial properties in the City

Attachments

Order adopted

 

15d.

Motion Economou @ #11.23C CM – Request City Manager request City Assessor provide City Council with an index further explaining the codes found in the City Assessor's reports regarding commercial real estate sale prices over the last six months.

Attachments

Order adopted

 

15e.

PETITION – Councilor Tony Economou on behalf of the residents of The Willows at Worcester request West Chester Street from 101 Barry Rd. to Barry Rd. Extension be converted from a private road to a public road, in the interest of public safety.

Attachments

Referred to Planning Board

 

15f.

Motion Rosen – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks immediately return the access road and parking area of Boynton Park to the Department of Public Works and Parks’ list of streets to be plowed each snowstorm.

Attachments

Order adopted

 

15g.

Motion Toomey – Suspension of Rules – Request City Manager install surveillance cameras at the intersection of Albany St. and Casco St. to curb illegal dumping.

Attachments

Order adopted

 

15h.

PETITION – Councilor Frederick C. Rushton request sidewalk repair on the east side of Main St. between Exchange St. and MLK Jr. Boulevard.

Attachments

Referred to Public Works Committee