CITY OF WORCESTER | JOURNAL OF THE CITY COUNCIL | Tuesday, April 7, 2015 | Esther Howland Chamber | Convened: 7:02 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 except for Councilor Bergman who arrived at 7:03 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 March 24, 2015. | Attachments | | | Order adopted | | | | | |
5. | ITEMS OF PUBLIC INTEREST | |
| | | | | | | | | 5a. | Mayor Petty read a Proclamation declaring April 2015 as Donate Life Month. The proclamation was presented to Jennifer Kramer from New England Organ Bank. | | | |
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| | | | | | | | | 5b. | Mayor Petty presented the “Key to the City” to this year’s recipients of the Thomas Green Award. The recipients were Patricia Bruchman, RN, MSN who serves as the Chief Public Health Nurse for the Worcester Public Schools, Pamela Callahan who is the city’s Training Coordinator for the Human Resources Department, Michael Ferguson who is a Principal Civil Engineer for the Department of Public Works & Parks and Michael Lyons who is a Teacher and Site Coordinator for the Worcester Public Schools. | | | |
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| | | | | | | | | 5c. | Mayor Petty recognized the following speakers: 1. Mauro DePasquale, Worcester resident 2. John Provost, Worcester resident | | | |
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| | | | | | | | | 5d. | At the end of the City Councilor meeting Councilor Rosen requested the Mayor have the City Manager say a few words concerning a public/private partnership with the Worcester Tennis Club. City Manager Augustus gave a brief explanation relative to the on-going developments. | | | |
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6. | ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST | |
| | | | | | | | | 7a. | Vanessa Martinez et al request street resurfacing in Blaine Ave. between Stafford St. and Main St. | Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 7b. | Johny Gil request abatement of street betterment assessment #25381 in the amount of $8,000.00 for Spaulding St.
| Attachments | | | Referred to Public Works Committee | | | | | |
| | | | | | | | | 7c. | John Cariglia, Jr. request installation of a handicap parking space across from 6 Gage St. | Attachments | | | Referred to Traffic and Parking Committee | | | | | |
8. | COMMUNICATIONS OF THE CITY MANAGER | |
| | | | | 8.1 | APPOINTMENTS
Non-City Council Confirmation | |
| | | | | 8.2 | APPOINTMENTS
City Council Confirmation | |
| | | | | | | A. | Recommend the appointment of Benito Vega to the Citizens Advisory Council. | Attachments | | | | Confirmed on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend the appointment of Michael Perotto to the Election Commission. | Attachments | | | | Confirmed on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, Economou, Lukes, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay - Gaffney) | | | | | | |
| | | | | 8.3 | DEPARTMENT OF HUMAN RESOURCES | |
| | | | | | | A. | Transmitting informational communication relative to the FY16 health insurance plan rates and open enrollment information. | Attachments | | | | Referred to Municipal Operations Committee | | | | | | |
| | | | | 8.4 | EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
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| | | | | | | A. | Transmitting informational communication relative to the Worcester Poetry PopUP Event to be held on April 8, 2015 at City Hall, 3rd Floor in the Levi Lincoln Jr. Chamber. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | B. | Transmitting informational communication regarding the "Starting a Business in Worcester" workshop held on March 26, 2015. | Attachments | | | | Placed on file | | | | | | |
| | | | | | | C. | Transmitting informational communication relative to an electronic copy of the FCC’S new net neutrality regulations and implications as a result. | Attachments | | | | Referred to Public Service and Transportation Committee | | | | | | |
| | | | | | | D. | Transmitting informational communication relative to a report concerning a surplus in the City’s cable fund as well as an update regarding a request to put the WCCATV local access channels back to their original slots.
| Attachments | | | | Referred to Public Service and Transportation Committee | | | | | | |
| | | | | | | E. | Transmitting informational communication relative to the award of the Historic Preservation Plan Grant. | Attachments | | | | Referred to Economic Development Committee | | | | | | |
| | | | | 8.5 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Administration Division | |
| | | | | | | A. | Transmitting informational communication relative to the recommended FY16 water and sewer rates. | Attachments | | | | Referred to Public Works Committee for hearing on May 6, 2015 | | | | | | |
| | | | | 8.6 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Engineering and Architectural Services Division
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| | | | | | | A. | Transmitting informational communication relative to the discontinuance and abandonment of a portion of Franklin Street. | Attachments | | | | Referred to Public Works Committee | | | | | | |
| | | | | | | B. | Transmitting informational communication relative to a report concerning the progress of repairing the one way section of Lake Avenue North. | Attachments | | | | Referred to Public Works Committee | | | | | | |
| | | | | 8.7 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Operations Division
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| | | | | 8.8 | DEPARTMENT OF PUBLIC WORKS AND PARKS
Parks Division
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| | | | | 8.11 | DEPARTMENT OF EMERGENCY COMMUNICATIONS | |
| | | | | 8.14 | DEPARTMENT OF INSPECTIONAL SERVICES
Administration | |
| | | | | 8.15 | DEPARTMENT OF INSPECTIONAL SERVICES
Building and Zoning Division
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| | | | | 8.16 | DEPARTMENT OF INSPECTIONAL SERVICES
Housing and Health Inspections Division
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| | | | | 8.17 | DIVISION OF PUBLIC HEALTH | |
| | | | | 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 the 3rd Annual Worcester Fair Housing Conference on April 18th from 8:30am - 12:30pm at Worcester State University. | 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 Twenty Thousand Dollars And No Cents ($20,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Coes Knife, and be appropriated to Parks Account # 72C70229, Coes Knife, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that Four Hundred Thousand Dollars And No Cents ($400,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Green Hill Park, and be appropriated to Parks Account # 72C707, Green Hill Park, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Crompton Park, and appropriated to Parks Account # 72C70236, Crompton Park, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | D. | Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Open Space, and be appropriated to Parks Account # 72C70240, Open Space, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | E. | Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C784AG, Lake Park, and be appropriated to Parks Account # 72C70211, Lake Park, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | F. | Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C784Y, Greenwood Park, and be appropriated to Parks Account # 72C70217, Greenwood Park, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | G. | Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account # 91C784S, Elm Park, and be appropriated to Parks Account # 72C70220, Elm Park, to allow for current and anticipated contractual obligations. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | H. | Recommend that Four Hundred Thirty Six Thousand Three Hundred Seventy Six Dollars And No Cents ($436,376.00) be transferred from Loan Account #91C780A, Capital Equipment, and be appropriated to DPW Account #41C703, Capital Equipment, when and as received, to allow for the purchase and future payment of these much needed vehicles. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | I. | Recommend that Four Thousand Six Hundred Sixty Three Dollars And No Cents ($4,663.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, 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 | | | | | | |
| | | | | | | J. | Recommend that Eighty Five Thousand Dollars And No Cents ($85,000.00) be transferred from Account #91C7124, WRA/Urban Renewal, and be appropriated to Account #04C7110C, Urban Renewal, to fund expenses associated with the Downtown Urban Renewal Plan Proposal, through the remainder of Fiscal Year 2015. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 8.30 | FINANCE ITEMS
Grants and Donations | |
| | | | | | | A. | Recommend adoption of a resolution to accept with gratitude a donation in the amount of Nine Hundred Fifty Dollars and No Cents ($950.00); ($750.00 from Price Chopper Golub Foundation; $200.00 from Webster Square Business Association), as received from the Worcester Public Library Foundation for the 2015 Summer Reading Program. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend adoption of a resolution to accept with gratitude a donation in the amount of One Thousand Five Hundred Dollars and No Cents ($1,500.00) in memory of Dan Rossetti, from his family and friends, to assist in the operation of the Green Hill Golf Course Junior Program. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | C. | Recommend adoption of a resolution to accept with gratitude, a donation in the amount of Four Hundred Seventeen Dollars and Fifty Cents ($417.50) from the Skyhawks Sports Academy, Inc. to be used for future recreational youth programs. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | D. | Recommend adoption of a resolution to accept with gratitude numerous donations received during the 1st quarter of 2015, totaling Two Hundred Thirty Dollars and No Cents ($230.00), as received by the Worcester Public Library. | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | E. | Recommend approval to apply for, accept and expend a Massachusetts Clean Energy Center Technical Services Grant in the amount of Forty Thousand Dollars and No Cents ($40,000.00). | Attachments | | | | Resolution adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 8.31 | FINANCE ITEMS
Operational Transfers | |
| | | | | | | A. | Recommend that Four Hundred Ten Thousand Dollars And No Cents ($410,000.00) be transferred as follows so as to provide sufficient funding for the Off-Street Program for the Fourth Quarter of Fiscal Year 2015. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | | | B. | Recommend that Five Hundred Thousand Dollars and No Cents ($500,000.00) be transferred from Account #250-91000, Police Personal Services, to Account #250-97200, Police Overtime. | Attachments | | | | Order adopted on a roll call vote of 11 Yeas and 0 Nays | | | | | | |
| | | | | 8.32 | FINANCE ITEMS
Prior Year | |
| | | | | 8.34 | MISCELLANEOUS AGENDA TRANSMITTALS | |
| | | | | | | | | 9a. | Kyle Fair, from TEC Associates, transmitting a copy of the Providence & Worcester Railroad Company's 2015 Yearly Operational Plan for Vegetation Control. | Attachments | | | Placed on file | | | | | |
| | | | | | | | | 9b. | Kyle Fair, from TEC Associates, transmitting a copy of the Keolis Commuter Services, LLC's 2015 Yearly Operational Plan for Vegetation Control. | Attachments | | | Placed on file | | | | | |
10. | ITEMS REASONABLY ANTICIPATED | |
| | | | | | | | | 10a. | ORDER: That City Council, at its meeting on March 31, 2015, suspended its Rules in order to place on the agenda for the meeting of April 7, 2015 both the prospective Report of the Standing Committee on Economic Development and the Communication of the City Manager recommending adoption of an Order to Authorize the Conveyance of the courthouse, item #9.4E on the City Council agenda for March 24, 2015.
REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending adoption of an order to authorize the conveyance of the courthouse: Recommend adoption of the accompanying Order as amended on April 7, 2015.
| Attachments | | | Mayor Petty recognized the following speakers:
1. Leon Miller, Paxton resident
2. Lenny Cooper, Worcester resident
3. Brian Brousseau, Leicester resident
4. Stuart Loosemore, Leicester resident
5. Scott Shaeffer-Duffy, Worcester resident
6. Jeffrey Solomon, Brookline resident
7. Paul Levenson, Worcester resident
8. Michael Keating, Worcester resident
9. Steven Gordon, Worcester resident
10. Jack Donahue, Worcester resident
11. Earl Turner, Worcester resident
12. Jo Hart, Worcester resident
Order adopted as amended on April 7, 2015 on a roll call vote of 11 Yeas and 0 Nays.
Councilor Lukes moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays. | | | | | |
| | | | | | | | | 11a. | 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 | | | | | |
| | | | | | | | | 11b. | 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 | | | | | |
| | | | | | | | | 11c. | 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 | | | | | |
| | | | | | | | | 11d. | 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 | | | | | |
| | | | | | | | | 11e. | 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 | | | | | |
| | | | | | | | | 11f. | 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 | | | | | |
| | | | | | | | | 11g. | 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 | | | | | |
| | | | | | | | | 11h. | 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 | | | | | |
| | | | | | | | | 11i. | 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 | | | | | |
| | | | | | | | | 11j. | 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 | | | | | |
12. | NEW BUSINESS UNDER SUSPENSION OF RULES | |
| | | | | | | | | 12a. | Motion Rivera @ #9a CC – Request City Manager consider developing a list of local contractors, companies and suppliers so it can be provided to developers thus supporting local interests. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12b. | Motion Rivera @ #8.4B CM – Request City Manager report the demographics of the 37 individuals who participated in the March 26, 2015 “Starting a Business in Worcester” workshop. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12c. | Motion Gaffney @ #8.4D CM – Request City Manager provide City Council with an outline of expenses, cost estimates and time line for construction of a studio in the City Hall basement. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12d. | Motion Russell @ #8.5A CM – Request City Manager provide City Council with a scenario as to what would be the impact if the requested water and sewer rate increases are not voted. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12e. | Motion Economou – Suspension of Rules – Request City Manager monitor for public safety concerns the skateboarding activity on the street and sidewalks in the vicinity of Midland St. School. | Attachments | | | Order adopted | | | | | |
| | | | | | | | | 12f. | Motion Gaffney – Suspension of Rules – Request City Manager investigate whether or not the lighting is on or off at Bancroft Tower. | Attachments | | | Order adopted | | | | | |
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