CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 13, 2015

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 10:39 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

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 16, 2014.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS

5a.

COMMUNICATION of the City Manager transmitting informational communication relative to the WRA Special Legislation Authorizing the City Manager to Name the Chair. (Tabled Under Privilege - Gaffney December 16, 2014 and Tabled - Petty January 7, 2015)

Attachments

Mayor Petty took this item up with item #15k on the Table. Councilor Lukes moved to refer this item to Committee. Councilor Bergman moved to amend the Special Legislation Authorizing the City Manager to Name the Chair of the WRA to limit the term of the chair to a one year term. Councilor Russell moved to amend the Special Legislation to require City Council confirm the City Manager’s recommendation for appointment of the Chair of the WRA. Councilor Russell moved if this item is referred to Committee it should be the Rules & Legislative Affairs Committee. Mayor Petty moved to state he was opposed to sending it to Committee. Councilor Lukes withdrew her motion to refer. Mayor Petty moved for a roll call of item #15k. Item #15k denied on a roll call vote of 2 Yeas and 9 Nays (Yeas – Gaffney, Palmieri) (Nays – Bergman, Economou, Lukes, Rivera, Rosen, Rushton, Russell, Toomey, Petty). Mayor Petty moved for a roll call vote of item #5a as amended by Councilors Bergman and Russell. Order adopted as amend on a roll call vote of 10 Yeas and 1 Nay (Yeas – Bergman, Economou, Lukes, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay – Gaffney)

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Joseph M. Petty read a Proclamation declaring January 13, 2015 as Human Trafficking Awareness Day in the City of Worcester. The Proclamation was presented to Dr. Erik Garcia, who spoke concerning the Proclamation.

Attachments

 

6b.

Mayor Petty recognized the following speakers:
1. Jennifer Gaskin, Worcester resident
2. Ronald Madnick, Worcester resident
3. Michael Baker, Worcester resident
4. Pastor Esau Vance, Worcester resident
5. Reverend Aaron Payson, Worcester resident
6. David Coyne, Worcester resident
7. Jo Hart, Worcester resident
8. Mesfin Beshir, Worcester resident
9. Julius Jones, Worcester resident
10. James Coker, Worcester resident
11. Deborah Powers, Worcester resident
12. Brenda Jenkins, Worcester resident
13. Tammy Allen, Worcester resident
14. Scott Schaeffer-Duffy, Worcester resident
15. William S. Coleman, III, Worcester resident
16. William Breault, Worcester resident
17. Joseph Corazzini, Worcester resident
18. Idella Hazard, Worcester resident
19. Jacqueline Norton, Worcester resident
20. Robert Gibbs, Worcester resident
21. John Provost, Worcester resident
22. Dave Stead, Worcester resident
23. Keith Scott, Worcester resident
24. Dania Flores, Worcester resident

Attachments

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Jill Shea request installation of a street light on an existing pole at the corner of Edlin St. and Clover St.

Attachments

Referred to Public Service and Transportation Committee

 

8b.

Wanda Fish request speed calming signage/devices be looked into for Hadwen Rd., particularly in the vicinity of Fiske St., which could include but is not limited to reinstallation of a stop sign in Fiske St. at Hadwen Rd. and a "20 MPH" sign in Hadwen Rd.

Attachments

Referred to Traffic and Parking Committee

 

8c.

Michael Beaudry request resident permit parking on Harvard St. be extended to Bowdoin St.

Attachments

Referred to Traffic and Parking Committee

 

8d.

Suzanne Coskun request installation of resident permit parking on Ellsmere St.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Terry Casamasina request handicap parking space across from 16 Jefferson St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with data regarding the price point at which packaged tobacco, especially flavored cigars, becomes a deterrent in youth-oriented sales.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager provide City Council with data addressing the unhealthiness of e-cigarettes.

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager consider consulting the Traffic Engineering Department on issues pertaining to directional signage on buildings in the Downtown Worcester area prior to new or reuse building construction.

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks provide City Council with a list of unfunded traffic engineering projects in the City.

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks provide City Council with how many people have signed up to receive alerts when the Winter Parking Ban goes into effect.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager request City Solicitor amend the “REAP” ordinance in a manner that would allow for an “offer to purchase”, fully executed by the buyer and seller of real property, to serve as notice in order for the fire department to schedule and issue smoke detector and carbon monoxide permits in order to facilitate the sale of real estate here in the City. (Economou, Rosen, Lukes, Gaffney, Bergman, Russell)

Attachments

Order adopted

 

10b.

Request City Manager explore the option of expanding the Commission of Disabilities to 9 members in order to get more volunteers to serve, in order to fill officer positions and share in the work load. (Economou)

Attachments

Order adopted

 

11.

COMMUNICATION

11a.

William A. Van Dam, Director, Community Relations of Northeast Utilities informing City Council that NSTAR Gas Company has filed a request with the Massachusetts Department of Public Utilities ("MDPU") to increase gas distribution rates.

Attachments

Placed on file

 

12.

REPORTS OF THE COMMITTEE ON PUBLIC HEALTH & HUMAN SERVICES

12a.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Opiate Cases and Heroin Use in the City of Worcester: recommend Communication be placed on file.

Attachments

Accepted

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the communication of the City Manager transmitting informational communication relative to Prescription Drug Abuse and Opioid Overdose Prevention Efforts: recommend Communication be placed on file.

Attachments

Accepted

 

12c.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Opioid Overdose Prevention Plan & Recommendations: recommend Communication be placed on file.

Attachments

Councilor Rivera moved to recommit the Report and Communication back to Committee. Recommitted to Public Health and Human Services Committee.

 

12d.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Status of Medical Marijuana Dispensaries: recommend Communication be placed on file.

Attachments

Accepted

 

13.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

13a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Hannigan on behalf of Saint Vincent Cancer and Wellness Center request installation of directional signage aiding patients and visitors in finding hospital entrances and parking accommodations: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request a blinking yellow light be installed at the crosswalk at Main and Kilby Streets to safeguard students from Claremont Academy crossing to walk to the Girls and Boys Club on Tainter Street: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mike Delude request installation of flashing lights for crosswalk in front of Mt. Carmel Apartments on Shrewsbury St. and speed enforcement: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Carolyn Gemme request installation of a blinking red light in Brattle St. opposite of Ararat St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

13e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri on behalf of George and Aurelia Coleman request installation of one (1) handicap parking space in front of 20 East Park Terrace: recommend Petition be placed on file.

Attachments

Accepted

 

13f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Communication of the City Manager Transmitting Informational Communication Relative to a Public Outreach Regarding Winter Parking Bans: recommend Communication be placed on file.

Attachments

Accepted

 

13g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Steven McCrohon on behalf of Patricia Garvey request installation of a handicap parking space in front of 19 Wetherell St.: recommend Petitioner be given Leave to Withdraw.

Attachments

Accepted

 

13h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jamal Saeed on behalf of Ramiz Salman request handicap parking space in front of 7 Townsend St. be installed: recommend Petitioner be given Leave to Withdraw.

Attachments

Accepted

 

13i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou on behalf of Joann Lee request installation of resident permit parking on Nelson Park Dr.: recommend Petitioner be given Leave to Withdraw.

Attachments

Accepted

 

14.

TABLED UNDER PRIVILEGE

14a.

RESOLUTION of Councilor Konstantina B. Lukes, Councilor Gary Rosen, Councilor Morris A. Bergman, Councilor Tony Economou, Councilor Michael T. Gaffney and Councilor Philip P. Palmieri - That the City Council go on record in support of the Worcester Police Department and the department’s high level of professionalism, leadership in community relations and dedication to the citizens of Worcester. (Tabled Under Privilege - Rushton January 7, 2015)

Attachments

Resolution adopted on a roll call vote of 9 Yeas and 2 Nays (Yeas - Bergman, Economou, Gaffney, Lukes, Palmieri, Rosen, Russell, Toomey, Petty) (Nays - Rivera, Rushton)

 

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 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

 

15c.

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

 

15d.

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

 

15e.

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

 

15f.

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

 

15g.

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

 

15h.

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015)

Attachments

Mayor Petty moved to take off the Table items #15h thru 15u. Items Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (Economou absent). Councilor Palmieri moved to keep item #15h on the Table. Tabled - Palmieri

 

15i.

ORDER - Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for joint pole location in: CANDLEWOOD ST. (Tabled - Lukes January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Referred Public Service and Transportation Committee

 

15j.

Order - Granting permission to LIGHTOWER FIBER NETWORKS for conduit location in: MARION AVENUE. (Tabled - Lukes January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Referred to Public Service and Transportation Committee

 

15k.

ORDER of Councilor Michael T. Gaffney and Councilor Philip P. Palmieri - Request City Council amend the proposed Act and all Orders authorizing the City Manager of the City of Worcester to appoint the chair of the Worcester Redevelopment Authority to the following language, “so that the city council shall, by a majority vote, appoint the chair of the Worcester Redevelopment Authority to hold office for two years with such term to end on the first meeting date of September in odd years." (Tabled - Petty January 7, 2015)

Attachments

See item #5a - Order denied on a roll call vote of 2 Yeas and 9 Nays (Yeas - Gaffney, Palmieri) (Nays - Bergman, Economou, Lukes, Rivera, Rosen, Rushton, Russell, Toomey, Petty)

 

15l.

ORDER of Councilor Philip P. Palmieri - Request City Manager provide an update concerning the progress for the potential Firefighter Museum to be located at Union Station. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

15m.

ORDER of Councilor Philip P. Palmieri - Request City Manager reassess the effectiveness of the progress relative to the Asian Longhorned Beetle infestation over the past eight years focusing on new measures to resolve the movement of the ALB into Green Hill Park and other areas throughout the city. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

15n.

ORDER of Councilor Philip P. Palmieri - Request City Manager contact the Superintendent of the Worcester Public Schools and area Colleges to establish a summer program relative to the ALB for participating in the educational and field observation of the ALB. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Councilor Rivera moved to amended to include the Worcester Tree Initiative. Order adopted as amended

 

15o.

ORDER of Councilor Philip P. Palmieri - Request City Manager consider contacting Congressman James McGovern to request additional federal monies for an educational program relative to the ALB as well as funding for continued resolution of the eradication of the ALB. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

15p.

ORDER of Councilor Philip P. Palmieri - Request City Manager contact Massachusetts Department of Conservation and Recreation (DCR) to immediately begin an inoculation program in all ALB infected areas of the city and further, provide to City Council a map and perimeter of the ALB that that was funded by the government. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

15q.

ORDER of Councilor Morris A. Bergman - Request City Manager provide information from the City Assessor as to what veterans’ property tax exemptions pursuant to M.G.L. Chapters 58 and 59 are available, the number of veterans applying for such exemptions during the last fiscal year, and how such exemptions are implemented and/or advertised. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

15r.

ORDER of Councilor Morris A. Bergman and Councilor Tony Economou - Request City Manager provide information from the City Assessor as to how many properties are assessed at over one million ($1,000,000) dollars and in light of the recent sale of the Higgins Armory property whether or not these properties should be studied/reviewed.(Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Councilor Bergman moved to amend by replacing “how many properties are assessed at over one million dollars with “how large properties that are assessed at large values which are known to be not nearly worth at what they are assessed at” Order adopted as amended

 

15s.

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)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Councilor Bergman moved to Table this Under Privilege. Tabled Under Privilege - Bergman

 

15t.

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)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Councilor Bergman moved to Table this Under Privilege. Tabled Under Privilege - Bergman

 

15u.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report on the status of the influenza epidemic in Worcester and what planning is in place regarding any negative impact of the epidemic on the City's workforce and the public schools. (Tabled - Petty January 7, 2015)

Attachments

Taken off the Table on a roll call vote of 10 Yeas and 0 Nays (see item #15h) - Order adopted

 

16.

NEW BUSINESS UNDER SUSPENSION OF RULES

16a.

Motion Rivera @14a CC – In light of national events, the City Council goes on record that it will work with the Worcester Police Department, the city administration, and the community to continue to work to protect the civil rights of every member of our community. The City Council is committed to ensuring that strong community and city government dialogue continues to find strategies and policies that ensure a community in which every person is valued, respected and protected. Furthermore, the City Council goes on record recognizing the law enforcement officers that put their lives on the line on a daily basis and recognizes the efforts by the Worcester Police Department to improve relations with communities. Police lives matter, people of color lives matter, all lives matter.

Attachments

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

 

16b.

Motion Rushton @ #14a CC – Request City Manager bring to City Council within 60 days a plan implementing strategies and policies that will ensure a community that will continue to work to protect civil rights.

Attachments

Order adopted

 

16c.

Motion Toomey @ #5a CC – Request City Manager provide to City Council the Worcester Redevelopment Authority’s Rules and Regulations.

Attachments

Order adopted

 

16d.

Motion Rivera – Suspension of Rules – That City Council recognizes and congratulates the Worcester Police Department for their swift actions in solving the recent child kidnapping.

Attachments

Resolution adopted

 

16e.

Motion Toomey – Suspension of Rules – Request City Manager work with Comcast to identify commercial areas that do not have cable and internet services and make these areas a priority for installation of conduits.

Attachments

Order adopted