CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, May 26, 2015 | Esther Howland Chamber | Convened: 7:15 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 | |
2. | STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS | |
3. | ROLL CALL - All present with the Mayor as the 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 May 12, 2015. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 5a. | Hearing: NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: COLBY AVENUE
Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: COLBY AVENUE | Attachments | | | Hearing Held & Order Adopted | | | | | |
| | | | | | | | | 5b. | Hearing: NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: TORY FORT LANE
Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: TORY FORT LANE | Attachments | | | Hearing Recessed | | | | | |
6. | ITEMS OF PUBLIC INTEREST | |
| | | | | | | | | 6a. | Mayor Petty recognized the following speakers: 1. William Breault, Worcester resident 2. Idella Hazard, Worcester resident 3. Mauro DePasquale, Worcester resident | | | |
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7. | ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST | |
| | | | | | | | | 8a. | John Tarrant request Department of Public Works and Parks rectify the cause of the ingress of water and road debris from Granite St. onto the grounds of 77 Saint Anthony St. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 8b. | Melvin Collins request removal of all "No Parking Anytime" restrictions on Canterbury St. from Hammond St. to Gardner St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8c. | Dina Sciarra request removal of handicap parking space in front of 9 Brookline St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8d. | Mary Ellen McCarthy request removal of handicap parking space located at 11 Colton St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8e. | Monique Adjami Shevlin et al request handicap parking space on Fern St. adjacent to 488 Park Ave. be relocated as to not impede the limited parking available to tenants of 488 Park Ave. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 8f. | CHARTER COMMUNICATIONS for a pole location in: WEST BOYLSTON DRIVE | Attachments | | | Hearing Set for June 2, 2015 at 7:00 P.M. | | | | | |
9. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 9.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | | | A. | Transmitting Informational Communication Relative to the Appointment of Cheryll Holley to the Historical Commission. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to the appointment of Brian Nyako to Constable. | Attachments | | | | Placed on file | | | | | | |
| | | | | 9.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | | | A. | Recommend approval of the appointment of Douglas Russell to the Commission on Disabilities. | Attachments | | | | Confirmed on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | 9.4 | EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
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| | | | | | | A. | Recommend approval of the discontinuance of a portion of the former Millbury Street location, discontinuance of a portion of Dryden Access Road, a public highway layout on parcels acquired by the Commonwealth on behalf of the City, conveyance of three parcels of land to the Massachusetts Department of Transportation and public layout of a portion of Dryden Access Way. | Attachments | | | | Referred to Planning Board and Public Works Committee | | | | | | |
| | | | | | | B. | Recommend adoption of the attached resolutions relative to the Certified Project Application and Site Specific Economic Opportunity Area (EOA) Designation for 150 Blackstone River Road. | Attachments | | | | Referred to Economic Development Committee for a hearing to be held on June 9, 2015 at 5:30 P.M. | | | | | | |
| | | | | 9.5 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | 9.6 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | 9.7 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | | | A. | Transmitting informational communication relative to the Construction Progress Report for the month ending April 30, 2015. | Attachments | | | | Referred to Public Works Committee | | | | | | |
| | | | | 9.8 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | 9.11 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | | | A. | Transmitting informational communication relative to clarification as to whether or not there would be an effect on organizations that are not religious or educational, should the City file legislation similar to Chapter 565, Acts of 1979. | Attachments | | | | Referred to Rules and Legislative Affairs Committee | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to an update on efforts to regulate car-sharing services such as Uber. | Attachments | | | | Referred to Public Service and Transportation Committee | | | | | | |
| | | | | 9.14 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 9.15 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 9.16 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 9.17 | DIVISION OF PUBLIC HEALTH | |
| | | | | 9.18 | DIVISION OF ELDER AFFAIRS | |
| | | | | 9.19 | WORCESTER PUBLIC LIBRARY | |
| | | | | 9.20 | EXECUTIVE OFFICE OF THE CITY MANAGER
Human Services Division | |
| | | | | 9.21 | EXECUTIVE OFFICE OF THE CITY MANAGER
Election Commission Division | |
| | | | | 9.22 | PUBLIC SCHOOL DEPARTMENT | |
| | | | | 9.23 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Assessing Division | |
| | | | | 9.24 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Budget Office Division | |
| | | | | | | A. | Transmitting informational communication relative to the City's revenues and expenditures through March for Fiscal Year 2015, per the City's Five Point Plan. | Attachments | | | | Referred to Municipal Operations Committee | | | | | | |
| | | | | 9.25 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Energy and Asset Management | |
| | | | | | | A. | Transmitting informational communication relative to an outline of expenses, cost estimates and time line for construction of a studio in the City Hall basement. | Attachments | | | | Referred to Public Service and Transportation Committee | | | | | | |
| | | | | 9.26 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Purchasing Division | |
| | | | | 9.27 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Technical Services Division | |
| | | | | 9.28 | DEPARTMENT OF ADMINISTRATION AND FINANCE
Treasury and Collections Division | |
| | | | | 9.29 | FINANCE ITEMS
Capital Transfers | |
| | | | | | | A. | Recommend that Thirty One Thousand Four Hundred Ninety Dollars And No Cents ($31,490.00) be transferred from Loan Account #91C731A, Water Capital, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchased and future payment of this equipment. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that Twenty Six Thousand One Hundred Eighty Five Dollars And No Cents ($26,185.00) be transferred from Account #91C763, South Worcester Industrial Park, and be appropriated to Account #04C714, South Worcester Industrial Park, to fund anticipated expenses through the remainder of Fiscal Year 2015. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that Sixty Thousand Dollars And No Cents ($60,000.00) be transferred from Loan Account # 91C709, Worcester Common Rehab., and be appropriated to Parks Account # 72C706, Worcester Common, to allow for current and anticipated obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.30 | FINANCE ITEMS
Grants and Donations | |
| | | | | | | A. | Recommend adoption of a resolution to accept with gratitude a donation in the amount of Three Hundred Dollars and No Cents ($300.00) from the Worcester Public Library Foundation to fund guest speakers at the 2015 Worcester Public Library Local Author Fair. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend adoption of a resolution to accept with gratitude an in-kind donation of 150 smoke and 50 carbon monoxide detectors from Kiddie Fire Safety. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend adoption of three (3) resolutions to apply for new grant opportunities from the Massachusetts Executive Office of Public Safety and Security, Highway Safety Division. | Attachments | | | | Three (3) Resolutions adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.31 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | A. | Recommend that Sixty Three Thousand Three Hundred Dollars And No Cents ($63,300.00) be transferred from Account #043-91000, Economic Development Salaries and be appropriated, to Account #480-92000, Union Station Ordinary Maintenance, to provide additional funding for operating expenses at Union Station through the remainder of Fiscal Year 2015. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that Eight Thousand Dollars And No Cents ($8,000.00) be transferred from Account #110-91000, City Energy Regular Salaries, and be appropriated to Account # 110-97000, City Energy & Asset Management Overtime, to fund the remainder of Fiscal 2015. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that Twenty Five Thousand Dollars and No Cents ($25,000.00) be transferred from Account #280-91101, Inspectional Services Salaries, to Account # 280-92099, Inspectional Services Ordinary Maintenance, to cover expenses through the end of this fiscal year. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | D. | Recommend that One Hundred Seventy Thousand Dollars And No Cents ($170,000.00) be transferred from Account #900-92000, Contingency, to Account #250-97000, Police Overtime, to cover a projected deficit in the court overtime account. Using our current overtime projections we expect that this transfer should be sufficient to cover court overtime expenses for the remainder of fiscal 2015.
| Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 9.32 | FINANCE ITEMS
Prior Year | |
| | | | | 9.34 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | A. | Transmitting informational communication relative to a list of positions that have either been eliminated, added or upgraded in the Fiscal Year 2016 Budget. | Attachments | | | | Recommitted to City Manager | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to City owned properties and leases. | Attachments | | | | Councilor Lukes moved to Table the Item Under Privilege.
Tabled Under Privilege - Lukes | | | | | | |
| | | | | | | | | 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 and 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 | | | | | |
| | | | | | | | | 10g. | 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 | | | | | |
| | | | | | | | | 10h. | 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 | | | | | |
| | | | | | | | | 10i. | 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 | | | | | |
| | | | | | | | | 10j. | 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 | | | | | |
11. | NEW BUSINESS UNDER SUSPENSION OF RULES | |
| | | | | | | | | 11a. | Motion Lukes @ #9.4B CM – Request City Manager provide City Council with a report concerning the City’s follow up procedures in regards to TIFs. Further, request City Manager include in the report how many, if any, TIFs have been decertified as a result of not meeting employment requirements. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11b. | Motion Rivera @ #9.7A CM – Request City Manager organize future Construction Progress Reports alphabetically and by district. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11c. | Motion Rushton @ #9.13B CM – Request Standing Committee on Rules and Legislative Affairs invite State Representatives serving Worcester residents to a meeting concerning a Home Rule Petition for an exemption to the Dover Amendment similar to Chapter 565, Acts of 1979. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11d. | Motion Rushton @ #9.25A CM – Request City Manager request City Auditor, either through himself or by outsourcing, provide City Council with an audit of the WCCA. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11e. | Motion Petty – Suspension of Rules – Request City Council suspend its rules and allow the reports of the Finance Committee concerning both the Communication of the City Manager transmitting the Fiscal Year 2016 budget document recommendation and the Report of the Committee on Public Works Upon the Communication of the City Manager transmitting informational communication relative to the recommended FY16 water and sewer rates be included on the City Council’s June 2, 2015 agenda. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11f. | PETITION – Councilor Gary Rosen request installation of a 4-way stop sign at the intersection of Cascade Rd. and Windemere Rd. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
| | | | | | | | | 11g. | Motion Rosen – Suspension of Rules – Request City Manager request Police Chief provide increased speed enforcement in Olean St. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11h. | Motion Rosen – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks remove pile of dry wood lathe in the vicinity of Swan Ave. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11i. | Motion Rivera – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks replace the street sign for Blossom St. at its intersection with Russell St. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 11j. | Motion Rivera – Suspension of Rules – Request City Manager provide City Council with a timetable as to when the handball court on Castle St. will be demolished. | Attachments | | | Order adopted | | | | | |
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