CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 14, 2014

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 8:27 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 & STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

2.

MOMENT OF SILENCE – Mayor Petty requested a moment of silence to recognize the recent passing of Robert Nemeth and Ken Moynihan who both were political columnist’s for the Worcester Telegram & Gazette.

3.

ROLL CALL - All present with the Mayor as chair except for Councilor Palmieri who arrived at 7:12 P.M.

Note: Assistant City Clerk Susan M. Ledoux, 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 December 17, 2013.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following speakers:
1. William Feegbeh, Worcester resident
2. John Provost, Worcester resident
3. Jo Hart, Worcester resident
4. Steven Bayer, Shrewsbury resident
5. Heidi Webber, Oxford resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Robert Mikulski request abatement of street assessment #25283, in the amount of $12,106.00 for Monticello Dr.

Attachments

Referred to Public Works Committee

 

7b.

Robert Karockai on behalf of Patricia Karockai request handicap parking space be installed in front of 1 Stone St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Gloria Poulin and Raymond Watson request to revise the existing resident permit parking on Merrifield St. so that resident permit parking would be from 77 Merrifield St. to Belmont St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

State Representative Daniel M. Donahue on behalf of David Saksa request the repainting of the traffic lines in Blackstone River Road from #130 to the intersection with Tobias Boland Way.

Attachments

Referred to Traffic and Parking Committee

 

7e.

State Representative Daniel M. Donahue on behalf of David Saksa request the left turn arrow timing be extended for northbound traffic in Blackstone River Road at McKeon Road in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

7f.

Jo Hart request Mayor and City Manager, in fairness to the public and in support of the Open Meeting Law, immediately cease the current practice of bringing up items not on the current agenda at City Council meetings, including items under suspension of rules and supplemental items.

Attachments

Petitioner Heard - Referred to City Manager

 

8.

ORDERS

8a.

Request City Manager report to City Council regarding the "Buy Worcester Now" Program, specifically to learn how much funding is allocated annually; how much of that funding is directed towards advertising the program, the efforts being made to coordinate the program with tenants in affordable housing and/or properties being marketed through the foreclosure or auction processes. (Bergman)

Attachments

Councilor Toomey moved to amend: Further, request City Manager to include the Chamber of Commerce and representatives of the local businesses community during any discussions concerning the “Buy Worcester Now” Program to insure proper representation of Worcester’s business and banking community. Order adopted as amended

 

8b.

Request the Mayor request the Superintendent of the Public Schools provide the City Council with the details and protocols for automated and staff responses to parents of Worcester Public School students as to when and how issues are responded to and notifications are made. (Economou)

Attachments

Order adopted and referred to the Clerk of the School Committee.

 

8c.

Request City Manager report on the operating expenses, revenue and city tax levy support for all properties under the control of the WRA for the past three years including projected lease calculations current and anticipated for properties under lease or to be leased. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request the City Manager request the WRA submit financials to the city administration for six months and then continually submit them on a quarterly basis. Order adopted as amended

 

8d.

Request City Manager recommend a process for the waiver of parking violations caused by the freeze up of parking meters and blockage of meters caused by snow pile-ups. (Lukes)

Attachments

Order adopted

 

8e.

Request City Manager update City Council concerning the current status of the efforts to reconstitute the Board of Health and the Department of Public Health administration. (Rivera)

Attachments

Order adopted

 

8f.

Request City Manager update City Council regarding what elements, if any, of the Philadelphia Tax Abatement Program (Philadelphia Plan) have been incorporated into Worcester’s economic development strategy in designated areas of the city. (Rosen, Gaffney, Bergman)

Attachments

Councilor Rushton moved to amend: Further, request administration identify one other area in the city that can be developed using this plan since the SWIP project has already incorporated elements of the Philadelphia Plan. Councilor Rivera moved to amend: Further, request the administration to keep focus on the SWIP project so that the project keeps moving forward. Order adopted as amended

 

8g.

Request City Manager inform City Council concerning the strategies that will be employed to locate, patch and, later, permanently repair an expected rash of potholes. (Rosen)

Attachments

Order adopted

 

8h.

Request City Manager provide City Council with details of the steps that members of the public must take to submit a claim against the city seeking reimbursement for the costs they incur for replacing automobile tires and/or rims damaged by potholes that the city is slow or negligent in patching. (Rosen)

Attachments

Councilor Rushton moved to File. Mayor Petty requested a roll call vote. Filed on a roll call vote of 8 Yeas and 3 Nays. (Yeas – Bergman, Economou, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nays – Gaffney, Lukes, Rosen)

 

8i.

Request City Manager request the Traffic Division of the Department of Public Works and Parks to conduct a review of the traffic signal at the Main/Cambridge Street intersection with an eye towards reducing the amount of time for a red light for Main Street traffic, reducing the back-ups for both incoming and outgoing motorists. (Rivera)

Attachments

Order adopted

 

8j.

Request City Manager instruct the staff people for the various Boards and Commissions to establish and implement better protocols so that the public is guaranteed ample notification when: 1) The lack of a quorum is anticipated for a scheduled meeting, thus cancelling the meeting, and 2) An agenda item is planned to be postponed to a later meeting by the administration without discussion. (Economou)

Attachments

Order adopted

 

8k.

Request City Manager meet monthly with city departments, state agencies and non profit representatives on the issues facing Youth at Risk for the purpose of increasing awareness of issues facing youth and keeping lines of communication with all involved community entities similar to the Youth at Risk meetings that were in existence during the terms of Mayors Mariano, Murray and Lukes. (Lukes)

Attachments

Councilor Lukes moved to amend to add “the Mayor”. Councilor Rivera made a motion (see item #12a) and Councilor Rivera moved to File item 8k. Councilor Rosen opposed to Placing the order on file and moved to refer it to the Youth, Parks and Recreation Committee. Councilor Rivera if the item were referred to a committee moved to refer it to the Public Health and Human Service Committee. Mayor Petty moved to approve the item as amended by Councilor Lukes and requested a roll call – Order adopted as amended on a roll call vote of 8 Yeas and 3 Nays. (Yeas – Bergman, Economou, Gaffney, Lukes, Palmieri, Rosen, Toomey, Petty) (Nays – Rivera, Rushton, Russell). All other motions to file or refer to committee not put. Order adopted as amended on roll call vote of 8 Yeas and 3 Nays.

 

8l.

Request City Council and Mayor immediately formulate and commence the process for the selection of a permanent City Manager. (Lukes)

Attachments

Referred to Municipal Operations Committee

 

9.

COMMUNICATIONS

9a.

Dr. Roberta Schaefer, President of the Worcester Regional Research Bureau, Inc., transmitting informational communication of Worcester By The Numbers: Public and Charter Schools.

Attachments

Referred to Education Committee

 

9b.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the draft lease between the City of Worcester and the Worcester Redevelopment Authority for the Union Station Parking Garage retail space.

Attachments

Placed on file

 

10.

TABLED UNDER PRIVILEGE

10a.

COMMUNICATION of the City Manager recommending Adoption of an Order to Accept, Transfer, and Execute a Lease Agreement for the Care, Custody and Control of Commercial Space at Union Station Parking Garage. (Tabled - Lukes January 7, 2014)

Attachments

Councilor Lukes requested a draft of a clause to allow termination of the lease agreement if City Council chooses. Mayor Petty, at the request of City Manager Augustus, invited Chief Development Officer Timothy McGourthy to respond to this request and he offered City Council verbally an amendment to the Order as follows: the order would include a provision that allows the city to terminate the Lease Agreement at any time should it so choose and the city manager would not sign the Lease Agreement until this language is added to the agreement. Councilor Lukes moved to hold the item. Mayor Petty moved for a roll call vote – Request to hold under privilege denied on a roll call vote of 3 Yeas and 8 Nays. (Yeas - Gaffney, Lukes, Rose) (Nays - Bergman, Economou, Palmieri, Rivera, Rushton, Russell, Toomey, Petty). Mayor Petty moved for a roll call vote to adopt the Order as amended – Order adopted as amended on a roll call vote of 9 Yeas and 2 Nays. (Yeas - Bergman, Economou, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nays - Gaffney, Lukes). Councilor Lukes moved for reconsideration. Reconsideration denied on a roll call vote of 0 Yeas and 11 Nays.

 

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 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 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

 

11c.

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

 

11d.

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

 

11e.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilor Joseph C. O'Brien - Request City Council amend the Salary Ordinance of the Mayor to be equal to twice the salary of a City Councilor effective January 1, 2016: recommend adoption of the accompanying new Order that the salary of the Mayor be a yearly flat rate of $43,500, effective January 2, 2016. (Tabled - Germain December 10, 2013)

Attachments

No action taken

 

11f.

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

 

11g.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Chairman's Order from the Committee on Public Health & Human Services - Request City Manager request the City Solicitor review the Model Ordinance prohibiting the use of wild and exotic animals in traveling shows and circuses (see attached) and present to City Council a proposed ordinance for the city of Worcester relative to the same. Further, request City Manager develop a protocol involving an interdisciplinary process or oversight for implementation of the proposed ordinance to include Animal Control, Board of Health and Inspectional Services: recommend adoption of the accompanying Order as depicted above. (Tabled - Petty January 7, 2014)

Attachments

No action taken

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Rivera @ #8k CC – Request City Manager move forward the objectives of the Youth Council by following up with a Youth Summit to develop a youth agenda driven by the community and by the providers. Further, request the City Manager to consider moving the Youth Opportunity Office under the umbrella of the Department of Public Health so that both divisions working on youth issues are connected.

Attachments

Order adopted

 

12b.

Motion Toomey @ #8l CC - Request City Council consider utilizing "Recruitment Guidelines for Selecting a Local Government Administrator" from ICMA when developing the process for selecting the next City Manager.

Attachments

Referred to Municipal Operations Committee

 

12c.

Motion Russell @ #9b & 10a CC – Request City Manager prepare an inventory of all properties owned by the city, including school properties or properties owned by authorities with city interest, and determine what the city needs are on a longer term basis to avoid unnecessary spending if a city property could be utilized.

Attachments

Order adopted

 

12d.

Motion Toomey – Suspension of Rules – Request City Manager provide a report as to where we are regarding revenue collections for property tax as well as water and sewer, and further, request a dollar amount of each category in arrears, and what is being done to facilitate payment.

Attachments

Order adopted

 

12e.

Motion Toomey – Suspension of Rules – Request City Manager report whether or not there is a payment program in place to assist residents and business owners who are having financial difficulty paying taxes and further, if there is no program request the administration to create a program.

Attachments

Order adopted

 

12f.

Motion Rosen – Suspension of Rules – Request City Manager look into whether or not Workforce Central can utilize the fourth floor available space at the senior center.

Attachments

Order adopted

 

12g.

Motion Rosen – Suspension of Rules – Request City Manager report to City Council as to the feasibility of removing the recently painted lane markings approaching the lights at Pleasant St. and Moreland St.

Attachments

Order adopted

 

12h.

PETITION of Councilor Tony Economou request tree and stump removal at 3 Rutland Terrace.

Attachments

Referred to the Department of Public Works & Parks

 

12i.

PETITION of Councilor Tony Economou request sidewalk repair at 3 Rutland Terrace.

Attachments

Referred to Public Works Committee

 

12j.

Motion Bergman – Suspension of Rules – Request City Manager request City Solicitor report as to the liabilities and exposure that could be faced by the City as a result of the contract in place between the Worcester Civic Center and the Ringling Bros. Circus, should the City vote to prohibit the use of exotic animals.

Attachments

Order adopted

 

12k.

Motion Rushton – Suspension of Rules – Request the Mayor present a proclamation to Francis M. “Frank” Carroll who was born in and grew up near Crystal Park for his achievements as a former competitive figure skating and as a coach. He coached notable figure skaters such as Linda Fratianne, Michelle Kwan and Evan Lysacek.

Attachments

Order adopted

 

12l.

PETITION of Councilor Frederick C. Rushton request Bauer St. West be repaved.

Attachments

Referred to Public Works Committee

 

12m.

Motion Palmieri - Suspension of Rules - Request City Manager provide an update relative to graffiti issue within the City of Worcester outlining the work done by the police, the rulings within the judicial process following arrests from graffiti, as well as finding sensible solutions for repayment by the persons committing this crime.

Attachments

Order adopted

 

12n.

Motion Rivera – Suspension of Rules – Request City Manager consider lowering the ice skating rental deposit.

Attachments

Order adopted

 

12o.

Motion Lukes – Suspension of Rules – Request City Manager request the Commissioner of Public Health provide an opinion as to the potential health hazards regarding the Smart Grid Pilot Program.

Attachments

Order adopted