CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 8, 2013

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:35 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Tony Economou William J. Eddy
Michael J. Germain Konstantina B. Lukes
Joseph C. O'Brien Philip P. Palmieri City Clerk
David J. Rushford
Sarai Rivera 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 in the chair except for Councilors Palmieri, O'Brien and Rushton. Councilor Rushton arrived at 7:15 P.M. and Councilor O'Brien arrived at 7:18 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 December 11, 2012.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following persons who spoke:
1. William Breault, Worcester resident
2. Jo Hart, Worcester resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Wing Kwan request to make public the private portion of High Ridge Rd.

Attachments

Referred to Planning Board

 

7b.

Ann Marie Shea request sidewalk repair in front of 5 Westview Rd. north to corner of Chamberlain Parkway.

Attachments

Referred to Public Works Committee

 

7c.

Jadranka Perl request installation of handicap parking space in front of 381 Park Ave.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Stephen O'Neil, Administrator of Worcester Regional Transit Authority request bus stops at locations to accommodate a new WRTA Bus Route #8 being added to the service.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Cynthia Wade request the handicap parking space in front of 180 Fairmont Ave be removed.

Attachments

Referred to Traffic and Parking Committee

 

7f.

William Breault on behalf of the Main South Alliance for Public Safety request City Council request the City Manager provide a report concerning the city's policy for dealing with the distribution of Naloxone (narcan) at so called "911 Good Samaritan Law" pilot sites in Worcester and if no policy is in place request the City Manager make recommendations and report as to the role the State Department of Public Health has in the development and implementation of this program in Worcester.

Attachments

Petitioner appeared and spoke. Referred to City Manager

 

7g.

NATIONAL GRID for conduit location in: MAYWOOD ST.

Attachments

Hearing set for January 15, 2013 - 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 Aaron Richman to the G.A.R. Memorial Hall Board of Trustees.

Attachments

Placed on file

 
B.

Transmitting Informational Communication Relative to the Appointment of Paul DiDomenico to the Worcester Arts Council.

Attachments

Placed on file

 
C.

Transmitting Informational Communication Relative to the Appointments of Constables for Calendar Year 2013.

Attachments

Placed on file

 
 

8.2

APPOINTMENTS
City Council Confirmation
 

8.3

DEPARTMENT OF HUMAN RESOURCES
 

8.4

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
A.

Transmitting Informational Communication Relative to the City's Youth Council.

Attachments

Referred to Youth, Parks and Recreation Committee

 
B.

Transmitting Informational Communication Relative to the Fiscal Year 2014 Community Development Block Grant Process and a Community Needs Assessment.

Attachments

Referred to Public Health and Human Services Committee

 
C.

SUPPLEMENTAL: Transmitting Informational Communication Relative to a New Partnership with Worcester Polytechnic Institute for the Reuse of the Former Boys and Girls Club at Lincoln Square.

Attachments

Referred to Economic Development Committee

 
D.

SUPPLEMENTAL: Transmitting Informational Communication Relative to the Private Purchase of 371 and 379 Main Street.

Attachments

Referred to Economic Development Committee

 
 

8.5

DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division
A.

Recommend Approval of Public Street Conversions for Whitla Drive and Woodhaven Lane.

Attachments

Referred to Planning Board

 
B.

Recommend Approval of Public Sewer Installation on Toronita Avenue Between Barry Road and Pelican Avenue.

Attachments

Referred to Planning Board

 
C.

Transmitting Informational Communication Relative to the Department of Public Works & Parks 2012 Annual Thanksgiving and Christmas Donation Drives.

Attachments

Placed on file

 
 

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
A.

Recommend Adoption of an Order with the General Court to Authorize the Department of Conservation and Recreation to Utilize the City of Worcester to Create and Operate a Football/Soccer Field at the Lake Avenue Park.

Attachments

The Mayor at the request of the Commissioner of Public Works & Parks moved to amend the proposed Act to correct the lease agreement term from 25 years to 30 years. Order adopted and Referred to Youth, Parks and Recreation Committee for informational purposes

 
B.

Transmitting Informational Communication Relative to the Second Round of Open Space Public Meetings.

Attachments

Placed on file

 
 

8.9

FIRE DEPARTMENT
A.

Recommend Adoption of a Resolution to File and Accept a Fire Prevention and Safety Grant (FP&S) through the U.S. Department of Homeland Security.

Attachments

Resolution adopted

 
 

8.10

POLICE DEPARTMENT
A.

Recommend City Council Adoption of a Resolution to File and Accept a Safe and Successful Youth Initiative Grant from the MA Executive Office of Health and Human Services.

Attachments

Resolution adopted. Councilor Rivera moved to have reconsideration of this item - Reconsideration approved on a roll call vote of 10 Yeas and 0 Nays (Absent - Palmieri). Councilor Rivera moved to be recused - Councilor Rivera recused on a roll call vote of 9 Yeas and 0 Nays (Absent - Palmieri). Mayor Petty moved to adopt the Resolution - Resolution adopted on a voice vote.

 
 

8.11

DEPARTMENT OF EMERGENCY COMMUNICATIONS
A.

Recommend Adoption of a Resolution to File and Accept a 2012-2013 U.S. Department of Transportation Hazardous Materials Preparedness Planning Grant.

Attachments

Resolution adopted

 
 

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
 

8.18

DIVISION OF ELDER AFFAIRS
 

8.19

WORCESTER PUBLIC LIBRARY
A.

Recommend City Council Accept with Gratitude a Donation in the Amount of Two Hundred and Fifty Dollars and No Cents ($250.00) for Children's Books at the Frances Perkins Branch Library in Memory of Sophia Kuczarski.

Attachments

Order adopted with gratitude

 
B.

Recommend City Council Accept with Gratitude a Donation in the Amount of Two Hundred and Fifty Dollars and No Cents ($250.00) to the Worcester Public Library Foundation in Memory of Joseph Hopkins, Former Head Librarian.

Attachments

Order adopted with gratitude

 
 

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.

SUPPLEMENTAL: Transmitting Informational Communication Relative to Property Valuations and Notification Process.

Attachments

Placed on file

 
 

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 One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred from Loan Account #91C7843C, Park Improvements - Duffy Field, and be appropriated to Parks Account #72C70232, Duffy Field, to allow for current and anticipated payments as per the cash flow procedure.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Palmieri, Rushton absent)

 
B.

Recommend that Sixty Thousand Forty Five Dollars And No Cents ($60,045.00) be transferred from Account #91C7803A, Citywide Capital Equipment, when and as Received, and Appropriated to Account #15C701, Election Capital Equipment, for the purchase of voting booths and trailers to store election equipment.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Palmieri, Rushton absent)

 
C.

Recommend that One Hundred Six Thousand Five Hundred Fifty Dollars And No Cents ($106,550.00) be transferred from Loan Account #91C7842C, Parks - Improvement Elm Park, and be appropriated to Parks Account #72C70223, Newton Hill, to allow for current and anticipated payments for the rebuilding of the Newton Square War Memorial.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Palmieri, Rushton absent)

 
 

8.29

FINANCE ITEMS
Operational Transfers
A.

Recommend that Thirty One Thousand Nine Hundred Ninety Four Dollars And No Cents ($31,994.00) be transferred from Account #270-92000, Communications Ordinary Maintenance, and be appropriated to Account #270-93000, Communications Capital, to fund the purchase and installation of a GPS Oscillator upgrade.

Attachments

Order adopted on a roll call vote of 8 Yeas and 0 Nays (Germain, Palmieri, Rushton absent)

 
 

8.30

FINANCE ITEMS
Prior Year
 

8.31

FINANCE
Loan Orders
A.

Recommend that the Loan Order in the amount of Four Hundred Thousand Dollars And No Cents ($400,000.00), approved by this Council on October 30, 2012, for the purchase equipment to be appropriated to Account #91C7163A, Union Station Capital Equipment, be rescinded.

Attachments

Voted to advertise proposed Loan Order on a roll call vote of 8 Yeas and 0 Nays (Germain, Palmieri, Rushton absent)

 
 

8.32

MISCELLANEOUS AGENDA TRANSMITTALS
9.

ORDERS

9a.

Request City Manager request Commissioner of Public Works and Parks to consider adjusting the future annual Fall Leaf Collection Programs so that Black Friday sweeping and the related posting of No Parking is not done in our several commercial districts. (Rivera)

Attachments

Order adopted

 

9b.

Request City Manager update City Council concerning the feasibility of designating a dog park in the city. (Rivera)

Attachments

Order adopted

 

9c.

Request City Manager request Police Chief enforce speed limits and crosswalk safety in Elm Street between West and Sever Streets. (Rivera)

Attachments

Order adopted

 

9d.

Request City Manager find a method to remind and emphasize to the public the importance of clearing sidewalks and request the enforcement of the Snow Removal Ordinance for the sake of citizen safety. (Toomey)

Attachments

Order adopted

 

9e.

Request City Manager report on the security provided at public buildings. (Lukes)

Attachments

Order adopted

 

9f.

Request City Manager review zoning ordinances for downtown Worcester to consider a change from business only to mixed residential and business for the purpose of encouraging mixed use of buildings located in downtown. (Lukes)

Attachments

Order adopted

 

9g.

Request City Manager report whether medical marijuana dispensing sites can be restricted by local zoning ordinances or state regulatory means to established pharmacies. (Lukes)

Attachments

Councilor Lukes moved to hold as First Item of Business on January 15, 2012. First Item of Business - January 15, 2013.

 

9h.

Request City Council vote a moratorium on allowing medical marijuana dispensaries in the city of Worcester for one year or until the Department of Public Health completes its regulations, whichever comes first. (Lukes)

Attachments

Councilor Lukes moved to hold as First Item of Business on January 15, 2012. First Item of Business - January 15, 2013.

 

9i.

Request City Council consider amending Council Rules to allow a joint committee to act as an Ad Hoc committee for the purpose of hearing and voting on joint referrals with each committee member casting a single vote for each jointly referred agenda item, rather than casting a vote for each jointly referred item as a member of each separate standing committee. (Lukes)

Attachments

Referred to Rules and Legislative Affairs Committee

 

9j.

Request City Manager report on the feasibility of home rule legislation which would make animal control officers eligible for the same injured on duty, death and funeral benefits as are provided to other city public safety personnel. (Germain)

Attachments

Order adopted

 

10.

COMMUNICATION

10a.

Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Academically Selective High Schools: Should Worcester Public Schools Have One?"

Attachments

Referred to Education Committee

 

11.

TABLED ITEMS

11a.

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

Attachments

Councilor O'Brien moved to take this off the Table and Place on file. Taken off the Table - Placed on file

 

11b.

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

 

11c.

COMMUNICATION of the City Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

Attachments

No action taken

 

11d.

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

 

11e.

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

Attachments

Councilor O'Brien moved to take this off the Table and Place on file. Taken off the Table - Placed on file

 

11f.

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

 

11g.

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

 

11h.

ORDER of Councilor Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

Attachments

Councilor Germain moved to take this off the Table and Place on file. Taken off the Table - Placed on file

 

11i.

COMMUNICATION of City Clerk transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013. (Tabled Under Privilege - Lukes November 13, 2012) (Tabled - Lukes November 20, 2012)

Attachments

Councilor Lukes moved to take this off the Table and Place on file. Taken off the Table - Placed on file

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Lukes @ #8.4A CM - Request City Manager request the Board of the Henry Lee Willis Center to provide a report as to the disposition of their assets and services.

Attachments

Order adopted

 

12b.

Motion Rivera @ #8.8A CM – Request City Manager provide the previously requested report concerning soccer fields and the funds allocated and spent over the past five years.

Attachments

Order adopted

 

12c.

Motion Russell @ #8.8A CM – Request City Manager conduct a traffic and off-street parking study in conjunction with plans to create and operate a football/soccer field at Lake Park.

Attachments

Order adopted

 

12d.

Motion O’Brien @ #9f CC – Request City Manager report what would it take to create thru special legislation a specific tax district in downtown for the purpose of providing tax relief for the development of housing.

Attachments

Order adopted

 

12e.

Motion Rivera @ #8.23A CM – Request City Manager report as to whether or not the Notification letter and postcard relative to property inspections by assessors is written in different languages other than English.

Attachments

Order adopted

 

12f.

Motion Toomey – Suspension of Rules – Request City Manager consider extending the Christmas tree drop-off period to accommodate all Worcester residents.

Attachments

Order adopted

 

12g.

Motion Economou – Suspension of Rules – Request City Manager request the Police Chief to provide enforcement of the winter parking ban in the vicinity of Pasadena Parkway and Wayside Rd.

Attachments

Order adopted

 

12h.

Motion Economou – Suspension of Rules – Request City Manager request the Police Chief to provide enforcement of “No Parking” area at the corner of Chino Ave. and Boylston St.

Attachments

Order adopted

 

12i.

PETITION – Councilor William J. Eddy request installation of Stop sign in South Lenox St. where it intersects with Colonial Rd.

Attachments

Referred to Traffic and Parking Committee

 

12j.

PETITION – Councilor William J. Eddy request installation of advisory speed limit signs in Camelot Dr.

Attachments

Referred to Traffic and Parking Committee

 

12k.

Motion Rushton – Suspension of Rules - Request the Commissioner of Public Works & Parks ensure the snow is removed up to the curb in the area of the newly modified intersection of Forest and Salisbury Sts.

Attachments

Order adopted