CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 12, 2015

Esther Howland Chamber

Convened: 4:10 P.M.

Recessed to Finance Committee: 4:11 P.M. Reconvened into Open Session: 7:06 P.M. Adjourned: 7:58 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 with the Mayor as the Chair except for Councilors Lukes, Palmieri and Rushton, who were all present when City Council reconvened into open session.

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 28, 2015.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

MOMENT OF SILENCE in memory of Joan H. Bagley, who passed away on May 7, 2015. Joan served the community in many capacities: most notably with Preservation Worcester, Girls Inc. and as a longstanding member of the Worcester Planning Board. She was also Chief Secretary to Mayor Sara Robertson in 1982 and 1983.

 

5b.

Mayor Petty presented a Certificate of Special Mayoral Recognition to Working for Worcester for their work in the community, including building a playground at Chandler Elementary Community School. The Certificate was received by Executive Director Colette Houssan and Director of Volunteer Recruitment Jenna Soiles.

Attachments

 

5c.

Mayor Petty presented a Certificate of Recognition to the creators of an interactive website entitled “I Never Left Worcester,” which highlights innovation in the Heart of Massachusetts and serves as a resource for the City. The certificate was presented to Professor Stephanie Yuhl, Alden Coffin, Colby Baker and Mary Larkin.

Attachments

 

5d.

Mayor Petty read a Proclamation declaring the second full week of May as Women’s Lung Health Week in the City of Worcester. The Proclamation was presented to Casey Harwell and Dr. Ronald Doris.

Attachments

 

5e.

Mayor Petty read a Proclamation declaring May 16, 2015 through May 22, 2015 as National Safe Boating Week in the City of Worcester. The Proclamation was presented to Flotilla Commander Mark Wilson, Flotilla Vice Commander Mary Bentley, Division Commander Paul Fontaine and Division Vice Commander Mike Mulryan.

Attachments

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Patricia Wassel request curb repair in front of 189 and 191 St. Nicholas Ave.

Attachments

Referred to Public Works Committee

 

7b.

Mark Elia request abatement of street assessment #25246, in the amount of $5,773.00 for Bullard Ave.

Attachments

Referred to Public Works Committee

 

7c.

Anthony Torres request installation of a catch basin in front of his driveway, located at 40 Cheyenne Rd.

Attachments

Referred to Public Works Committee

 

7d.

Jacqueline Pina request removal of resident permit parking on the south side of Earle St. from Edward St. to Earl Ter. and installation of one hour parking from 9:00 A.M. to 5:00 P.M. Monday through Friday in its place.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Ana Torres et al request installation of resident permit parking on West St. from Pleasant St. to Cedar St.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Ashley Ott request removal of handicap parking space in front of 65 East Central St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Councilor Gary Rosen request removal of handicap parking space on the Brantwood Rd. side of 1010 Pleasant St. that was installed to accommodate the patients of a dentist who has since relocated his practice.

Attachments

Referred to Traffic and Parking Committee

 

7h.

Ellen Artey on behalf of Roger O'Coin request installation of a handicap parking space in front of 45 Waverly St.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Claudia Russo et al request City Council oppose the approval of a Retail Sales Gun Store and a Shooting Range at 170 Prescott St.

Attachments

Referred to the City Manager - Please also see #13a CC

 

7j.

NATIONAL GRID AND VERIZON NEW ENGLAND, INC for a joint pole location in: JENNINGS ST.

Attachments

Hearing set for May 19, 2015 at 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 Lawrence Sullivan to the Parks Commission.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
A.

Recommend approval of the appointment of Francesca Abbey and Robert Bilotta 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
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend approval of an Order relative to the conveyance of a parcel of land to benefit the needs for construction of Nelson Place Elementary School.

Attachments

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

 
 

8.6

DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
 

8.7

DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
 

8.8

DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
 

8.9

FIRE DEPARTMENT
 

8.10

POLICE DEPARTMENT
 

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.

Transmitting informational communication relative to a recently held Infectious Disease Conference.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to the Safe Routes to School Evaluation Report.

Attachments

Referred to Public Health and Human Services Committee

 
 

8.18

DIVISION OF ELDER AFFAIRS
 

8.19

WORCESTER PUBLIC LIBRARY
 

8.20

EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division
A.

Transmitting informational communication relative to a training titled, "Building a More Inclusive Workplace: Understanding and Addressing Unconscious and Unintentional Bias," designed for Worcester leaders and scheduled for Tuesday, May 12th from 8am - Noon.

Attachments

Placed on file

 
B.

Transmitting informational communication relative to a seven week series of community dialogues on race beginning on Monday, May 18, 2015 from 6pm - 8pm at the YWCA of Central Massachusetts, 1 Salem Square.

Attachments

Placed on file

 
 

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
Energy and Asset Management
 

8.26

DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division
 

8.27

DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division
 

8.28

DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division
 

8.29

FINANCE ITEMS
Capital Transfers
A.

Recommend that Six Hundred Sixteen Thousand Four Hundred Twenty One Dollars And No Cents ($616,421.00) be appropriated to DPW Account #41C409, Resurfacing, as requested by reimbursement, to provide funding for expenditures made through this Winter Recovery Assistance Program (WRAP).

Attachments

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

 
B.

Recommend that Five Thousand Two Hundred Dollars And No Cents ($5,200.00) be transferred from Loan Account # 91C7840C, Park Improvements, and be appropriated to Parks Account # 72C702, Park Improvements, to allow for current and anticipated contractual obligations.

Attachments

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

 
C.

Recommend that Two Million Two Hundred Sixty Six Thousand One Hundred Twenty Five Dollars And No Cents ($2,266,125.00) be transferred from Account #91C7111A, Building Rehabilitation City & Schools, and be appropriated to Account #04C754, Citywide/Schools Energy Improvements, to fund anticipated expenses through the remainder of Fiscal Year 2015.

Attachments

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

 
 

8.30

FINANCE ITEMS
Grants and Donations
A.

Recommend adoption of a resolution to solicit, accept, and expend donations received through the Central Massachusetts Workforce Investment Board (CMWIB) Youth Employment Appeal.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
B.

Recommend adoption of a resolution to accept a gift with a monetary value of Nine Hundred Ninety Dollars And No Cents ($990.00) from Motorola Solutions, Inc.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
C.

Recommend adoption of a resolution to accept with gratitude a donation of One Thousand Dollars and No Cents ($1,000.00) to the Worcester Fire Department by the National Fire Protection Association as part of the Fire and Life Safety Educator of the Year Award which was received by the Worcester Fire Department’s Lieutenant Annmarie Pickett.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
D.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Thousand Sixty Five Dollars And Forty Cents ($3,065.40) from the Worcester Public Library Foundation for the 2015 Summer Reading Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
E.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Two Thousand Four Hundred Twenty Five Dollars And No Cents ($2,425.00) from the Worcester Public Library Foundation.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
F.

Recommend adoption of a resolution to accept with gratitude a donation of One Hundred Thousand Dollars And No Cents ($100,000.00) from UMass Memorial Healthcare to support the City's 2015 Youth Opportunities City Recreation Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
G.

Recommend adoption of a resolution to apply for, accept and expend a grant of up to Thirty Two Thousand Four Hundred Dollars And No Cents ($32,400.00) through the Massachusetts Port Authority Community Charitable Giving and Community Relations Program to support the Park Stewards Program.

Attachments

Resolution adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent)

 
 

8.31

FINANCE ITEMS
Operational Transfers
A.

Recommend that Four Million Thirty Eight Thousand One Hundred Thirty Eight Dollars And No Cents ($4,038,138.00) be accepted from the U.S. Department of Housing and Urban Development for Year XLI Community Development Block Grant program, and Twenty Five Thousand Dollars And No Cents ($25,000.00) in anticipated Year XLI Program Income, be appropriated, when and as received, to various accounts to provide funding for projects and programs as described.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Palmieri absent) Councilor Lukes moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 9 Nays (Nays - Bergman, Economou, Gaffney, Lukes, Rivera, Rosen, Rushton, Russell, Petty) (Palmieri, Toomey absent)

 
B.

Recommend that Seven Hundred Fifty Two Dollars And Eleven Cents ($752.11) be transferred from Account #14S12139, GKH Debt Service, and be appropriated to Account #14S12140, GKH Debt Service, to properly fund a quarterly interim interest rate payment associated with the GKH Section 108 Loan.

Attachments

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

 
C.

Recommend that Thirty Four Thousand Nine Hundred Ninety Five Dollars And Sixty Cents ($34,995.60) be transferred from Sewer Account #440-91000, Salaries, and be appropriated to Sewer Account #440-97201, Overtime, to allow overtime costs to be paid during the remaining period of Fiscal Year 2015.

Attachments

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

 
 

8.32

FINANCE ITEMS
Prior Year
 

8.33

FINANCE
Loan Orders
 

8.34

MISCELLANEOUS AGENDA TRANSMITTALS
A.

Transmitting informational communication relative to the most recent list of opportunities on boards and commissions for the City of Worcester.

Attachments

Placed on file

 
B.

Transmitting the Fiscal Year 2016 budget document recommendation.

Attachments

Referred to Finance Committee

 
9.

RECESS TO FINANCE COMMITTEE - see separate agenda

10.

ITEMS REASONABLY ANTICIPATED

10a.

ORDER: That City Council, at its meeting on May 5, 2015, suspended its Rules in order to place on the agenda for the meeting of May 12, 2015 both the Report of the Standing Committee on Public Health and Human Services and the Communication of the City Manager transmitting informational communication relative to the City of Worcester Fiscal Year 2016/Program Year 41 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA). Item #8.4B on the City Council agenda for April 28, 2015. REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the City of Worcester Fiscal Year 2016/Program Year 41 Funding Recommendations for U.S. Housing and Urban Development (HUD) Entitlement Programs – Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership Program (HOME), and Housing Opportunities for Persons with AIDS (HOPWA): recommend adoption of the accompanying four (4) Resolutions.

Attachments

Accepted & Four (4) Resolutions Adopted on a roll call vote of 9 Yeas and 0 Nays (Palmieri, Toomey absent). Councilor Lukes moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 9 Nays (Nays - Bergman, Economou, Gaffney, Lukes, Rivera, Rosen, Rushton, Russell, Petty) (Palmieri, Toomey absent)

 

11.

TABLED UNDER PRIVILEGE

11a.

ORDER of Councilor Frederick C. Rushton, Councilor Sarai Rivera and Councilor Gary Rosen request City Manager report the city’s plan for Food Trucks allowed in targeted areas of the city including rules as to how often they are able to set up, health inspections of trucks and permitting costs; further, request this report within 30 days for consideration before the Economic Development Committee. (Tabled Under Privilege - Lukes May 5, 2015)

Attachments

Order adopted

 

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 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 and Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

COMMUNICATION of the City Manager recommending approval of Legislation to Impose a Fine on Motorists that Damage a Bridge that is marked with a Height Restriction. (Tabled - Bergman December 2, 2014)

Attachments

No action taken

 

12h.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

Attachments

No action taken

 

12i.

ORDER of Councilor Morris A. Bergman - Request City Manager provide information from the City Solicitor as to what steps are available to enforce breaches of the Services Agreement with Laz Parking Limited, LLC in regards to City owned parking garages, specifically the Federal Plaza Parking Garage. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

Attachments

No action taken

 

12j.

ORDER of Councilor Morris A. Bergman, Councilor Tony Economou and Councilor George J. Russell - Request City Manager provide information from the City Assessor, Chief Financial Officer and City Solicitor as to the assessed real property values of all City owned parking garages, the amount of debt, if any, the anticipated repairs and/or capital improvements costs for fiscal year(s) 2015/2016 and the existing lease commitments/terms for spaces in these garages. (Tabled - Petty January 7, 2015, Tabled Under Privilege - Bergman January 13, 2015 and Tabled - Bergman January 20, 2015)

Attachments

No action taken

 

12k.

ORDER of Councilor Morris A. Bergman request the City Manager to request the Commissioner of the Department of Public Works and Parks investigate the use of “Pothole Killers” technology for repairing seasonal potholes. http://potholekillers.com/. (Tabled - Petty April 28, 2015)

Attachments

Councilor Bergman moved to take the Item off the Table. Taken off the Table on a roll call vote of 11 Yeas and 0 Nays. Order adopted

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion Palmieri @ #7i CC – Request City Council request Zoning Board of Appeals very carefully scrutinize the locating of a Retail Sales and Gun Store at 170 Prescott St., due to various neighborhood concerns.

Attachments

Councilor Rushton moved to Table the Item. Councilor Bergman moved to amend: Further, request City Manager request Zoning Board of Appeals not rule on locating a Retail Sales and Gun Store at 170 Prescott St. until such time as Police Chief can provide input to the Zoning Board of Appeals on the matter. Councilor Rushton withdrew his motion to Table the Item. Order adopted as amended on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, Economou, Gaffney, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay - Lukes)

 

13b.

Motion Rosen – Suspension of Rules – Request City Manager contact Massachusetts Highway Department to have that department repaint the crosswalk at 1364 Pleasant St. that was removed during last year’s resurfacing of Route 122.

Attachments

Order adopted

 

13c.

PETITION – Councilor Tony Economou on behalf of John Detloff request Reynolds St. be resurfaced.

Attachments

Referred to Public Works Committee