CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 19, 2013

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 8:03 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

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 29, 2013.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty read a Proclamation declaring November 20, 2013 as “Worcester Transgender Day of Remembrance 2013”. The Mayor had it presented to Jesse Park of AIDS Project Worcester and accompanied by the Chair of the Human Rights Commission Edward Robinson.

Attachments

 

5b.

Mayor Petty recognized the following speakers: 1. William Breault, Worcester resident 2. Ronal Madnick, Worcester resident 3. John Provost, Worcester resident 4. Jo Hart, Worcester resident

 

5c.

Mayor Petty recognized and welcomed the presence of Boy Scout Troop 99, Knox Trail Council from Jesus Christ of Latter Day Saints, who came to the meeting tonight to earn their Citizenship and Communication Badges.

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Goldie Goros et al request that Barrett Ave. be converted to a public street.

Attachments

Referred to Planning Board

 

7b.

Councilor Tony Economou request Westinghouse Parkway be converted to a public street.

Attachments

Referred to Planning Board

 

7c.

Attorney Stephen Madaus on behalf of Mungovan Realty Company Inc. request abatement of street betterment assessment #25192 in the amount of $7,968.40 for Dexter St.

Attachments

Referred to Public Works Committee

 

7d.

Attorney Stephen Madaus on behalf of Mungovan Realty Company Inc. request abatement of street betterment assessment #25193 in the amount of $13,685.36 for Dexter St.

Attachments

Referred to Public Works Committee

 

7e.

Attorney Stephen Madaus on behalf of Mungovan Realty Company Inc. request abatement of street betterment assessment #25197 in the amount of $30,143.09 for Lenora St.

Attachments

Referred to Public Works Committee

 

7f.

Attorney Stephen Madaus on behalf of Mungovan Realty Company Inc. request abatement of street betterment assessment #25198 in the amount of $12,381.37 for Lenora St.

Attachments

Referred to Public Works Committee

 

7g.

Attorney Stephen Madaus on behalf of Mungovan Realty Company Inc. request abatement of street betterment assessment #25199 in the amount of $9,502.20 for Lenora St.

Attachments

Referred to Public Works Committee

 

7h.

Brenda Smith of Smart Cuts request installation of two handicap parking spaces with a time limit of one hour between 3 & 7 Pleasant St.

Attachments

Referred to Traffic and Parking Committee

 

7i.

Eileen Ballard request installation of handicap parking space in front of 3 Cottage St.

Attachments

Referred to Traffic and Parking Committee

 

7j.

Orlando Lopez request installation of handicap parking space in front of 48 Windham St.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting Auditor's Reports for September and October 2013.

Attachments

Referred to Municipal Operations Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Manager transmit monthly to the City Council a chart listing the new municipal hires including the following data: Department Name, Position Title, Yearly Salary, Community of Residence of the New Employee, Civil versus Non-Civil Service Classification and the number of applicants who first applied for to be hired for the opening.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Manager provide the City Council with a description of the outreach conducted by Human Resources to attract applicants for municipal employment excluding notification to neighborhood centers and CDCs.

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS - Request City Clerk publish to the city web site the listing of items pending before each of the City Council's Standing Committees.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager provide City Council with an in-depth and detailed response to the costs of rehabilitation of the former Brown Square Fire Station, whether it be for commercial, retail or residential use; an accurate portrayal what the real estate tax consequences would be if we do not utilize the Request-For-Proposals process. (Palmieri)

Attachments

Order adopted

 

10b.

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. (O'Brien)

Attachments

Councilor O'Brien moved to Refer to the Municipal Operations Committee - Referred on a roll call vote of 8 Yeas and 3 Nays (Yeas - Economou, Eddy, Germain, O'Brien, Palmieri, Rivera, Russell, Petty) (Nays - Lukes, Rushton, Toomey). Referred to Municipal Operations Committee

 

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.

COMMUNICATION

12a.

Michael V. O'Brien, City Manager, transmitting request for City Council’s approval to implement ShotSpotter Technology to reduce gun violence in our community.

Attachments

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

 

13.

REPORTS OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS

13a.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of Jo Hart requests City Council hold a hearing concerning the existing formula process and protocol for the public to speak at City Council meeting or at Standing Committee of the City Council: recommend Petition be placed on file.

Attachments

Accepted

 

13b.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Petition of Cecilia Mason et al request that all petitions filed before City Council and upon referral of any and all petitions to the proper committee, board, commission or any other body of the City Council shall not remain in any committee, board, commission or any other body of the City Council for more that 90 days and request all City Councilors or city employees refrain from the practice of prioritizing any and all petitions and to afford every petitioner the right to be heard fairly, impartially and in a timely manner of 60 days as stipulated in rule 51 of the Rules of City Council: recommend Petition be placed on file.

Attachments

Accepted

 

13c.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Order Councilor Konstantina B. Lukes - Request City Council amend City Council’s Rule 53 to allow the petitioner the right to speak for no more than 2 minutes whether or not an item appears for the first or last time on an agenda: recommend Order be placed on file.

Attachments

Accepted

 

13d.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting a report listing non-residents who were hired by the city starting in January 2, 2011 to July 5, 2013 excluding hires made by the Police, Fire or School departments: recommend Communication be placed on file.

Attachments

Accepted

 

13e.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to Employee Residency Statistics: recommend Communication be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to Residency Requirements of Employees: recommend Communication be placed on file.

Attachments

Accepted

 

14.

TABLED UNDER PRIVILEGE

14a.

RECONSIDERATION - In accordance with Rule 41 of the Rules of City Council, Mayor Joseph M. Petty requested reconsideration of the vote of City Council taken on November 12, 2013 relative to Adoption of an Order to Dispose of and Execute a Deed for the Real Property located at 267 Plantation St. (a/k/a 676 Franklin St.) The Adoption of the Order failed to carry because a two-thirds majority was required for passage. (Tabled - Lukes November 12, 2013)

Attachments

Mayor Petty moved for a roll call to reconsider the item – Reconsideration approved on a roll call vote of 11 Yeas and 0 Nays. Mayor Petty moved to amend the Order to reduce the minimum price to $1.00 and further, amend the proposed council order to delete the provisions which would authorize the city manager to execute a deed and all documents relating thereto conveying the property – Motion approved on a roll call vote of Ten Yeas and 1 Nay. (Yeas – Economou, Eddy, Germain, O’Brien, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nay – Lukes) Mayor Petty made a second Motion – see item #16a. Order adopted as amended on a roll call vote of 11 Yeas and 0 Nays.

 

15.

TABLED ITEMS

15a.

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

 

15b.

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

 

15c.

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

 

15d.

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

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES

16a.

Motion Petty @ #14a CC – Request City Manager bring to City Council his recommendations concerning the disposition of the property at 267 Plantation St.

Attachments

Order adopted

 

16b.

Councilor Rushton, Chairman of the Economic Development Committee, requested the following Report be submitted for consideration: REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Communication of the City Manager transmitting informational communication relative to a proposed Ordinance Amendment for Registered Medical Marijuana Dispensaries: recommend to amend the Planning Board Report and approve the Zoning Ordinance as amended.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

16c.

Motion Rivera – Suspension of Rules – Request City Manager request the Traffic Engineering Division relocate the Stop Sign in Davis St. at Queen St. to improve visibility.

Attachments

Order adopted

 

16d.

Motion Rivera – Suspension of Rules – Request City Manager report ways to limit the selling paraphernalia that can be used in the drug trade.

Attachments

Order adopted

 

16e.

Motion Palmieri – Suspension of Rules – Request City Manager meet with the Chair of the Chamber of Commerce and city activists who support the lowest residential tax rate before the tax classification hearing.

Attachments

Order adopted

 

16f.

Motion Rushton – Suspension of Rules – Request City Manager request the Police Chief Increase police presence in the Pleasant St. corridor from Newton Square to Flagg St.

Attachments

Order adopted

 

16g.

Motion Rushton – Suspension of Rules – Request City Manager request the Police Chief provide speed enforcement at the corner of June St. and Hadwen Rd. in the interest of public safety.

Attachments

Order adopted

 

16h.

Motion Rushton – Suspension of Rules – Request City Manager explore the feasibility of developing and using snow plow tracker software applications for public use.

Attachments

Order adopted

 

16i.

Motion Lukes - Suspension of Rules - Request City Manager provide City Council with reports previously submitted to Council concerning what drug paraphernalia can or cannot be legally sold commercially.

Attachments

Order adopted

 

16j.

Motion Toomey – Suspension of Rules – Request City Manager request our state delegation to support the amendment of the Transportation Bond Bill for investing in Active Streets also known as Complete Streets.

Attachments

Order adopted

 

16k.

Motion Economou – Suspension of Rules – Request the Mayor recognize the volunteers of the Indian Lake Watershed for their recent efforts at cleaning up the lake and assisting Department of Public Works & Parks.

Attachments

Order adopted

 

16l.

RESOLUTION - That the City Council of the City of Worcester does hereby go on record in support of the Doherty Memorial High School football team, the Highlanders, at their state semifinal matchup against Wahconah Regional High School this Saturday, December 23, 2013. (O'Brien)

Attachments

Resolution adopted