CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 15, 2013

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:30 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 and Toomey. Councilor Toomey arrived at 7:05 P.M. and Councilor Palmieri arrived at 7:07 P.M.

Note: Asst. City Clerk Susan M. Ledoux, acting as clerk

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 October 1, 2013.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following speakers: 1. John Provost, Worcester resident 2. Barbara Roberts, Holden resident 3. Chris Horton, Worcester resident 4. Denise Ward, Westborough resident 5. Tara Fredericks, Acton resident 6. Patrick Hamilton, Lawrence resident 7. Benjamin Selecky, Salem resident 8. Kevin Ksen, Worcester resident 9. Fatima Mohammed, Worcester resident 10. Jo Hart, Worcester resident 11. Arthur Mooradian, Worcester resident

 

5b.

Mayor Petty read a Proclamation declaring October 15, 2013 as “The Day of the Girls”. He had it presented to Kathy Odgren of Girls, Inc. and Paris Blue.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

7a.

Jo Hart request all board and commission meetings immediately be micro-phoned and televised in the interest of public interest and commercial fairness, particularly the License Commission.

Attachments

Petitioner spoke. Referred to Rules and Legislative Affairs Committee

 

7b.

Thanh Lam request the sidewalk repair in front of 81 Rodney St.

Attachments

Referred to Public Works Committee

 

7c.

Jo Hart request the City Council ask the Board of Election Commissioners to host open public municipal-candidate forums (to be held and televised at City Hall at 5:30 P.M. one month prior to all municipal elections) in four one-half hour segments. The first three segments by a person, not an official, from three different areas or fields of public interest chosen/elected by the Commission and the final segment moderated by a member of the public there to take questions from the public present.

Attachments

Petitioner spoke. Referred to Rules and Legislative Affairs Committee

 

7d.

Drexler Asassy request to install a yellow flashing light on May St. between Worcester State University and Temple Emanuel in the vicinity of the crosswalk to aid pedestrians.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Chief Robert Hart of the Department of Public Safety at College of the Holy Cross request installation of "No Parking" signs for the twenty feet adjacent to all the driveway entrances of the Holy Cross campus on College St. to accommodate safe ingress and egress.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Carlos Mercado request handicap parking space be installed in front of 38 Shelby St.

Attachments

Referred to Traffic and Parking Committee

 

7g.

Scott Ricker request the City Council forward the enclosed alleged DCU Center construction violations, as required by the state statute, to the building commissioner.

Attachments

Petitioner spoke and amended the petition. Councilor Toomey left the room when the petitioner mentioned a subject with which she had a conflict of interest. Referred to the City Manager.

 

7h.

Ronal Madnick et al request City Council adopt the following resolution relative to Restoring Constitutional Governance.

Attachments

Petitioner Susan Serpa spoke. Referred to Rules and Legislative Affairs Committee

 

8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting Auditor's Report for June, July and August 2013.

Attachments

Referred to Municipal Operations Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request the City Manager request the City Solicitor communicate with the City Solicitor of Springfield, MA to ask how they will move forward with enacting a foreclosure mediation process by their city ordinance, pending a court appeal, and request a copy of the ordinance being considered at their October 21, 2013 meeting.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request the City Manager establish a web link on the City of Worcester website and the Home Works website to the MA Attorney General's HomeCorps page, along with their 1-800-495-BANK (2265), x501 Help Line.

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request the City Manager communicate with Central Massachusetts administrators of the Massachusetts Department of Revenue and request that they notify the over-65 years of age population residing in Worcester of the Senior Circuit Breaker Tax Credit.

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON EDUCATION - Request City Manager request the Superintendent of the Worcester Public Schools provide City Council with a list of investments made to schools facilities for the last five (5) years that includes which were eligible for funding and which ones were not eligible for MSBA funding.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager work with the Oval Ice Skating vendor to develop an alternative deposit process for skate rentals prior to the start of the 2013-14 skating season. (O'Brien)

Attachments

Order adopted

 

10b.

Request City Manager develop an information session with regard to the rules and regulations that should be followed to move towards opening a business resource center for the refugee community. Further request that he provide the City Council with a listing of community resources that can be tapped to bring such an entity to reality. (Rivera, O'Brien, Petty)

Attachments

Motion Toomey to amend: Request collaboration with local colleges and local entrepreneurs. Motion Rushton to amend: Request the Chamber of Commerce be included. Order adopted as amended

 

10c.

Request City Manager to work with the business community towards establishing a banking presence in Green Island/South Worcester. (Rivera)

Attachments

Order adopted

 

10d.

Request City Manager provide the City Council with an update concerning the problem of prostitution. (Rivera)

Attachments

Order adopted

 

10e.

Request City Manager request the Police Chief to conduct traffic enforcement at the intersection of Newbury and Pleasant Streets. (Rivera)

Attachments

Order adopted

 

10f.

Request City Manager contact resettlement contractors in Worcester and report on how Refugee Resettlement programs operate in Worcester and what specific resources and the amounts of monies are available to resettled refugees, to the public schools and the city and the source of said monies and resources. (Lukes)

Attachments

Councilor Rivera moved to amend by requesting a roundtable discussion with all parties. Councilor Lukes moved that it be a separate motion. Councilor O’Brien moved to amend to expand Councilor Rivera’s motion: Request the Mayor convene a roundtable meeting with all parties, which include members of council, refugees from the community and service providers for refugees, as a way to give everyone an opportunity to discuss concerns relative to funding and resources. Councilor Lukes moved that it be a separate motion not an amendment. (see Order #18b) Councilor O’Brien moved to Table item #10f. Councilor Lukes moved to refer it to Public Health & Human Services Committee. The motion to table takes precedence over a motion to refer. Tabled Under Privilege – O’Brien

 

11.

RECESS TO FINANCE COMMITTEE

11a.

#12a CC June 11, 2013 Communication of Dr. Roberta Schaefer, President & CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Worcester's FY14 Budget: Making Ends Meet".

Attachments

No action taken

 

11b.

#10.24A CM June 18, 2013 Communication of the City Manager transmitting information communication relative to the Debt Service Schedule for the City’s Issuance of $500,000.00 in Bonds Associated with the Downtown Urban Renewal Project Proposed in the Fiscal Year 2014 Budget to be Undertaken by the Worcester Redevelopment Authority.

Attachments

No action taken

 

11c.

#10.24B CM June 18, 2013 Communication of the City Manager transmitting informational communication relative to Outside Legal Counsel Spending.

Attachments

No action taken

 

12.

COMMUNICATIONS

12a.

Mayor Joseph M. Petty transmitting communication from Jaime Lewis, President and Chief Operating Officer for Good Chemistry Massachusetts, notifying the city of their interest in placing an application for a Registered Marijuana Dispensary within the City of Worcester.

Attachments

Placed on file

 

12b.

Tom Sneesby, Project Manager for Environmental Strategies & Management notifying the city that a Phase IV Remedy Implementation Plan Addendum and Post Class C RAO Status and Remedial Monitory Report for 14 Putnam Lane has been submitted to the Massachusetts Department of Environmental Protection (MassDEP).

Attachments

Placed on file

 

12c.

Dr. Roberta Schaefer, President and CEO of the Worcester Regional Research Bureau, transmitting communication relative to "Questions for the 2013 Candidates for City Council and School Committee in Worcester.

Attachments

Placed on file

 

13.

REPORTS OF THE COMMITTEE ON EDUCATION

13a.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting Budget Amendment to the FY13 Budget Recommendation that includes an additional appropriation to the Worcester Public Schools: recommend Communication be placed on file.

Attachments

Accepted

 

13b.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the Allocation of an Additional $500,000 Appropriation in net School Spending to the Worcester Public Schools: recommend Communication be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Auditor transmitting communication relative the Worcester Public Schools Foundation Budget and how Worcester's FY13 Foundation Budget was calculated: recommend Communication be placed on file.

Attachments

Accepted

 

13d.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the Worcester Public Schools' Facilities Report: recommend Communication be placed on file.

Attachments

Accepted

 

13e.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to the Status of the Energy Conservation Measures and Building Modernization Program: recommend Communication be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting Informational Communication Relative to an Update on MSBA Funded Projects: recommend Communication be placed on file.

Attachments

Accepted

 

13g.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager transmitting informational communication relative to an update on Massachusetts School Building Authority (MSBA) Funded Projects: recommend Communication be placed on file.

Attachments

Accepted

 

14.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS

14a.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Petition of Virginia Ryan request City Council request the City Assessor to send out with the third quarter city tax bill an informational sheet containing a list of all available tax exemptions and also include a brief description of the MA Senior Circuit Breaker tax credit: recommend adoption of the accompanying Order that the City Manager cause to be mailed with the third quarter real estate tax bills to applicable property owners an information sheet notifying them of the available tax reduction programs for which they may qualify.

Attachments

Accepted & Adopted Councilor Toomey moved to suspend the rules to reconsider – Approved on a voice vote. Councilor Toomey moved to amend to change “applicable" to "all residential" property owners. – Accepted on a voice vote. Order adopted as amended

 

15.

REPORTS OF THE PLANNING BOARD

15a.

REPORT OF THE PLANNING BOARD Upon the Petition of Ding On Kwan request to remove the entire length of Hygeia St. from the Official Map.

Attachments

Accepted

 

15b.

REPORT OF THE PLANNING BOARD Upon the Petition of Allyn Jones request the BL-1.0 zone be extended to include the paved parking area abutting 1097-1099 Pleasant St.

Attachments

Accepted

 

15c.

REPORT OF THE PLANNING BOARD Upon the Petition of Arthur Mooradian requesting to amend the Worcester Zoning Ordinance by converting all RG-5 lots to RG-4 so that lots between 4,000 and 5,000 square feet become buildable/saleable.

Attachments

Referred to Economic Development Committee

 

15d.

REPORT OF THE PLANNING BOARD Upon the Petition of Allyn Jones request 1 Tiverton Parkway be commercially zoned.

Attachments

Referred to Economic Development Committee

 

15e.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager requesting to discontinue and remove a portion of Washington Square Rotary from the Official Map.

Attachments

Referred to Public Works Committee

 

16.

TO BE ORDAINED

16a.

Amend Chapter Nine of the Revised Ordinances of 2008 relative to Vacant and Foreclosing Properties Ordinance.

Attachments

Ordained on a roll call vote of 8 Yeas and 0 Nays (Germain, O'Brien, Rushton absent) Councilor Lukes moved for reconsideration - Reconsideration denied on a roll call vote of 0 Yeas and 8 Nays (Germain, O'Brien, Rushton absent)

 

17.

TABLED ITEMS

17a.

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

 

17b.

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

 

17c.

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

 

17d.

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

 

18.

NEW BUSINESS UNDER SUSPENSION OF RULES

18a.

Motion Russell @ #7h CC – Request City Manager request the City Solicitor provide an opinion regarding the Resolution for Restoring Constitutional Governance.

Attachments

Order adopted

 

18b.

Motion O'Brien @ #10f CC - Request the Mayor convene a roundtable meeting with all parties, which include members of council, refugees from the community and service providers for refugees, as a way to give everyone an opportunity to discuss concerns relative to funding and resources.

Attachments

Order adopted

 

18c.

Motion Lukes @ #12a CC - Request City Manager notify City Council of any step in the process for registering a Marijuana Dispensary that is eligible for public or city council input.

Attachments

Order adopted

 

18d.

Motion Rushton @ #15c CC – Request City Manager report to City Council the number of lots that would be affected if all RG-5 lots were converted to RG-4 lots.

Attachments

Order adopted

 

18e.

Motion Russell @ #15c CC – Request City Manager request the City Solicitor provide language that would be exclusive to only pre-existing 4,000 to 5,000 square foot lots to become buildable/saleable.

Attachments

Order adopted

 

18f.

Motion Toomey @ #15c CC – Request City Manager request the City Solicitor provide language in the zoning ordinances that would exclude pork chop lots if RG-5 lots were converted to RG-4 lots.

Attachments

Order adopted

 

18g.

Motion Lukes @ #15c CC – Request City Manager request the City Solicitor provide language that would exclude building on a 4,000 square foot lot to create an addition to a neighboring building that would result in a larger unit.

Attachments

Order adopted

 

18h.

Motion Toomey – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks investigate the feasibility of painting a right turn lane only on Goddard Memorial Dr. after Parsons Hill Dr. into Beatrice Dr. to calm traffic and prevent accidents because of lack of visibility.

Attachments

Order adopted

 

18i.

Motion Toomey – Suspension of Rules – Request City Manager look into identifying private streets that are not on the Map but are dangerous for traveling and find a solution for posting of dangerous conditions.

Attachments

Order adopted

 

18j.

Motion Economou – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks cut to sidewalk level the granite markers, as soon as possible, in Cheyenne Rd. from Arapaho Rd. to Westinghouse Parkway, in front of 30 Oriental St. and at the corner of Hidden Farms Dr. and Blackthorn Dr.

Attachments

Order adopted

 

18k.

Motion Russell – Suspension of Rules – Request City Manager consider sharing Public Works equipment with the School Department in the interest of being cost effective.

Attachments

Order adopted

 

18l.

Motion Lukes – Suspension of Rules – Request City Manager present to City Council a marketing plan.

Attachments

Order adopted

 

18m.

PETITION – Councilor Frederick C. Rushton request to convert Nathaniel Dr. to a public street.

Attachments

Referred to Planning Board

 

18n.

PETITION – Councilor Frederick C. Rushton request to install “Go Slow” Children advisory signs in June St. near Walnut Hill Dr.

Attachments

Referred to Traffic and Parking Committee

 

18o.

PETITION – Councilor Philip P. Palmieri on behalf of Paul Leroux request sidewalk repair in front of 3 Elnora Dr.

Attachments

Referred to Public Works Committee

 

18p.

PETITION – Councilor Philip P. Palmieri on behalf of Mary O’Connor request sidewalk repair in front of 33 Elnora Dr.

Attachments

Referred to Public Works Committee