CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 20, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:40 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

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor as Chair except for Councilor Palmieri who arrived at 7:08 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 October 6, 2015.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing: NATIONAL GRID for a conduit location in: FENWICK ST./WESTBROOK RD. Granting permission to NATIONAL GRID for a conduit location in: FENWICK ST./WESTBROOK RD.

Attachments

Hearing Held & Order adopted

 

6.

ELECTION OF TWO RESIDENTS TO THE LIBRARY BOARD OF DIRECTORS

6a.

INTRODUCTION OF CANDIDATES - candidates were given an opportunity to address the City Council for no more than three (3) minutes to state the reasons they wish to be elected to the Board.

Mayor Petty began the introduction portion by suspending the rules to allow Dr. Judy Finkel as Secretary of the Worcester Public Library’s Board of Directors to address City Council prior to the election of two new members.

 

6b.

ELECTION - Anne O'Connor was elected to fill one unexpired vacancy for a term ending on December 31, 2020 and Toby Pedone was elected to fill one unexpired vacancy for a term ending on December 31, 2017.

 

7.

ITEMS OF PUBLIC INTEREST

7a.

Mayor Petty read a Proclamation declaring October 2015 as “Disability Employment Awareness Month”. The Proclamation was presented to Nancy Garr-Colzie and Paul Keister, co-chairs of the Commission on Disabilites.

Attachments

 

7b.

Mayor Petty moved to suspend the rules to allow Debbie Lamb, Coordinating Producer for C-Span’s Cities Tour, to address City Council concerning their plans to film Worcester and air this programming on C-Span 2 & C-Span 3 the weekend of December 19 and 20, 2015.

 

7c.

Mayor Petty recognized the following speakers: 1. Rev. Aaron Payson, Worcester resident 2. Mesfin Beshir, Worcester resident 3. Idalla Hazard, Worcester resident 4. Chris Horton, Worcester resident. At the request of Councilor Rivera, Mayor Petty suspended the rules to allow her to respond to comments made by one of the speakers.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Norman Guerin et al request City Council vote to stop selling property tax liens to third parties.

Attachments

Referred to Municipal Operations Committee

 

9b.

David Dusenbury and Nancy Rumpf request abatement of street assessment #25414, in the amount of $9,745.00 for McRae Court.

Attachments

Referred to Public Works Committee

 

9c.

Councilor George J. Russell on behalf of Christopher Crawley request Greenwood Street from Tatman Street to Route 20, the Southwest Cutoff, be resurfaced.

Attachments

Referred to Public Works Committee

 

9d.

Jhony Quina Rodas request installation of resident permit parking in Eastern Ave. from 37 Eastern Ave. to 51 Gage St., Seven Hills Charter School.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Georgina Amoah-Dankwah on behalf of Owura Amoah-Dankwah request installation of a handicap parking space in front of 71 Russell St.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Mario Minardi, Minardi Limited Partnership, request "One Hour Parking 8:00 A.M. to 7:00 P.M." in front of 405 Grove St. be amended to "Two Hour Parking 8:00 A.M. to 7:00 P.M.," with two additional signs posted and line painting on the street to designate individual parking spots.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Nilda Ramos et al request designation of seven (7) Crompton Park parking spaces in vicinity of 17 & 19 Endicott St. as resident permit parking.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Nancy Brown request installation of handicap parking space in the vicinity of 9 Lund St.

Attachments

Referred to Traffic and Parking Committee

 

9i.

Donna LaMura et al request the attached five point plan be adopted to control traffic on Lake Ave. North, which will increase the safety of the road for residents, walkers and bicycle riders who use this road.

Attachments

Referred to Traffic and Parking Committee

 

9j.

David Branagan request "No Parking" on the north side of Dorchester St. between Vernon St. and Ward St.

Attachments

Referred to Traffic and Parking Committee

 

9k.

David Branagan request installation of resident permit parking in Dorchester St. between Vernon St. and Ward St.

Attachments

Referred to Traffic and Parking Committee

 

9l.

Reverend Aaron Payson request to address City Council for the purpose of requesting a ruling regarding the appropriate means of communicating concerns to members of the Council regarding issues deemed important by a citizen or citizens of Worcester and what means of response is deemed appropriate.

Attachments

Petitioner spoke during "Items of Public Interest" - Placed on file

 

9m.

William S. Coleman, III request City Council reach out to all former City Councilors and invite them to a special session in the City Council where they can share their ideas for Worcester's future.

Attachments

Petitioner spoke - Placed on file

 

9n.

William S. Coleman, III request City Council request the Board of Election Commissioners rate all five of the city's districts with their voter turnout percentages, and list the ratings on the city's website.

Attachments

Petitioner spoke - Referred to Board of Election Commissioners

 

9o.

William S. Coleman, III request City Council request City Manager consider a project to light up Bancroft Tower with solar lighting.

Attachments

Councilor Gaffney moved to amend to request the Hammond Heights Group be included in any discussions. Petition as amended Referred to the City Manager

 

9p.

Jo Hart request City Council immediately hold a well publicized special public meeting to discuss best methods to change the charter or otherwise to achieve a full-time and open city government as follows: 1) Term limits for everyone; 2) full-time strong Mayor; 3) City Council for all city council committees will be changed each term or each year; 4) No appointees, everyone on the ballot; 5) full-time City Councilors; 6) School Committee Chairperson be a full-time elected position; and 7) No second job positions.

Attachments

Petitioner spoke - Placed on file

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager review the TIF policies established in other communities and recommend to the City Council for review, approval and implementation a policy for Worcester that includes timelines that applicants can rely on when proposing development. (see attachments)

Attachments

Councilor Lukes moved to amend: "Further, request to include in any policy regarding TIF's that City Council be notified of all change orders. Councilor Rushton requested the Chairman’s Order be recommitted back to committee and will consider Councilor Lukes motion. Councilor Lukes motion Not Put. Recommitted to Economic Development Committee

 

11.

ORDERS

11a.

Request City Manager request the City Assessor report to the City Council as to assessment of 3-deckers showing how many were appealed to the State Appellate Tax Board and how many of those appeals were granted or denied. (Russell)

Attachments

Order adopted

 

11b.

Request City Council to request and authorize the City Manager accept any and all gifts and donations, restricted or unrestricted, relative to the preservation of the historic Stearns Tavern and its relocation from 651 Park Avenue to 72 Coes Street/Mill Street, including a gift of the building to the city from its current owner and including restrictions relative to the involvement of the Seven Hills Foundation in the maintenance of the building and the operation of programs from the building for the benefit of individuals with disabilities. (Rosen)

Attachments

Councilor Bergman requested to be recused - Recused on a roll call vote of 10 Yeas and 0 Nays. Order adopted on a roll call vote of 10 Yeas and 0 Nays (Bergman absent)

 

11c.

Request City Manager update City Council concerning the request voted April 14, 2015 requesting to know the feasibility of the city collecting trash and recyclables in townhouse and condominium developments that are on a street grid (Economou)

Attachments

Order adopted

 

11d.

Request City Council refer the attached report entitled "The Foreign Born Population of Worcester, Massachusetts" dated July, 2015 and prepared by the Public Policy Center of UMASS Donahue Institute to the appropriate City Council standing committee for discussion and deliberation. (Lukes)

Attachments

Referred to Public Health and Human Services Committee

 

11e.

Request City Manager report on the transparency of the refugee placement process including dates and times, if any, and in what manner, in the past five years, Worcester, as a local community has been notified and/or consulted regarding the number of refugees to be located in Worcester, by the voluntary placement agencies and by the federal government, including any notice to the public for inclusion in the consulting process. (Lukes)

Attachments

Councilor Lukes moved to amend to request this be referred to the City Solicitor. Order adopted as amended

 

11f.

Request City Manager report on the feasibility of the concept of Uber Mentoring programs by means of collaborating with the appropriate entities regarding the program's implementation. (Lukes)

Attachments

Order adopted

 

11g.

Request City Manager collaborate with Destination Worcester in creating an appropriate commemorative event recognizing Worcester’s incorporation as a City February 29, 1848 this coming February 29, 2016. (Bergman)

Attachments

Councilor Bergman recognized Evan Corrigan, a Burncoat High School graduate and currently attending Fitchuburg State University, as the person who brought this request to him and Councilor Bergman requested he be included in any discussions. Order adopted

 

11h.

Request City Manager request the City Solicitor draft a Home Rule Petition to protect our neighborhoods that would expand the subject matter and remedies under Mass. Gen. Laws Chapter 139 Section 19 (Voiding of Lease of Tenant using Premises for Common Nuisance) and Mass. Gen. Laws Chapter 139 Section 20 (Aiding or Permitting Nuisance) to include crimes involving the use of guns and/or other dangerous weapons. (Bergman)

Attachments

Order adopted

 

12.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

12a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend adoption of a resolution to to file and accept an application to designate 100 Wall Street as a Housing Development Certified Project: recommend adoption of the accompanying Resolution.

Attachments

Accepted & Adopted on a roll call vote of 11 Yeas and 0 Nays. Councilor Lukes moved for reconsideration - Reconsideration denied on a roll call vote of 11 Yeas and 0 Nays.

 

13.

TABLED UNDER PRIVILEGE

13a.

COMMUNICATION of the City Manager recommend adoption of a resolution to apply for, accept, and expend Grant Funds from the Commonwealth of Massachusetts Office of Refugees and Immigrants (ORI). (Tabled Under Privilege - Lukes October 13, 2015)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

14.

TABLED ITEMS

14a.

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

 

14b.

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

 

14c.

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

 

14d.

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

 

14e.

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

 

14f.

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

 

14g.

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

 

14h.

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

 

14i.

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

 

14j.

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

 

14k.

REPORT OF THE COMMITTEE ON FINANCE Upon the Order of Councilor Michael T. Gaffney request City Manager consider amending the Five Point Financial Plan to require that any increases in local aid received from the Commonwealth be assigned to the Other Post Employment Benefit Trust Fund: recommend Order be placed on file. (Tabled - Gaffney June 16, 2015)

Attachments

No action taken

 

14l.

ORDER of Councilor Gary Rosen and Councilor Philip P. Palmieri - Request City Manager inform City Council as to whether he and other representatives from the city intend to meet with the owners of the Pawtucket Red Sox to see if they have any interest in relocating to Worcester. (Tabled - Gaffney September 29, 2015)

Attachments

No action taken

 

14m.

ORDER of Councilor Michael T. Gaffney - Request City Manager reach out to our corporate business partners concerning the appearance and cleanliness of the exterior of their establishments, and, if necessary, review any requirements set out by the Zoning Board for compliance. (Tabled - Gaffney September 29, 2015)

Attachments

Councilor Gaffney moved to take this item off the Table. Taken off the Table on a roll call vote of 11 Yeas and 0 Nays. Order adopted

 

14n.

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor provide City Council with a report concerning the status of the Home Rule Petition draft to aid Joseph Tortorelli as a result of errors made by the city of Worcester in applying tax payments. (Tabled - Bergman September 29, 2015)

Attachments

No action taken

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

PETITION – Councilor Tony Economou on behalf of Paul Foster request sidewalk repair at 170 King Philip Rd.

Attachments

Referred to Public Works Committee

 

15b.

PETITION – Councilor Tony Economou on behalf of Anne Lamarche request the “No Right Turn” to be rescinded at the intersection Mountain St. East and Mountain St. West and West Boylston St. in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

15c.

Motion Economou – Suspension of Rules – Request the Commissioner of Public Works & Parks replace the Stop Sign at the intersection of Ontario St. and Longmeadow Ave. as it has faded.

Attachments

Order adopted

 

15d.

PETITION – Councilor Kathleen M. Toomey request installation of flashing yellow lights at the crosswalk in Shrewsbury St. at Seward St.

Attachments

Referred to Traffic and Parking Committee

 

15e.

Motion Rivera – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks work with the Chandler Business Association and SMOC concerning the emptying of trash bins along Chandler St. between Main St. and Park Ave.

Attachments

Order adopted

 

15f.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update concerning the installation of a yellow blinking light for the crosswalk at Main St. & Kilby St. to provide safer assistance for children coming from Woodland St. and Claremont St. to the Boys & Girls Club.

Attachments

Order adopted

 

15g.

Motion Rivera – Suspension of Rules – Request City Manager direct the appropriate city representatives to arrange and have resources directed to assist residents in the planned clean-up in the Hawley St. area taking place this Saturday, October 24, 2015.

Attachments

Order adopted

 

15h.

Motion Rivera – Suspension of Rules – Request Commissioner of Public Works & Parks to repair within Crystal Park the three (3) lights on the access road off of Crystal St. and the two (2) lights in the picnic area of the park.

Attachments

Order adopted