CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 5, 2015

Esther Howland Chamber

Convened: 7:07 P.M.

Recessed to Executive Session: 7:37 P.M. Reconvened: 8:30 P.M. Adjourned: 9:39 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 the Chair

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 April 14, 2015.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location in: GARDNER ST. Granting permission to LIGHTOWER FIBER NETWORKS for conduit location in: GARDNER ST.

Attachments

Hearing Held & Order adopted

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Joseph M. Petty read a Proclamation declaring May 9, 2015 as National Association of Letter Carriers Food Drive Day in the City of Worcester. The Proclamation was presented to Norman LaFlash, the Local Food Drive Coordinator for NALC Branch 12.

Attachments

 

6b.

Mayor Joseph M. Petty read a Proclamation declaring May, 2015 as Worcester Community Action Council Month in the City of Worcester. The Proclamation was presented to Jill Dagilis, Executive Director of the WCAC.

Attachments

 

6c.

Mayor Joseph M. Petty read a Proclamation declaring May 4 through 8, 2015 as Children’s Mental Health Week in the City of Worcester. The Proclamation was presented to Lydia Pruitt.

Attachments

 

6d.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Eric Demeulenaere, Worcester resident
3. Lori Ross, Worcester resident
4. Frank Kartheiser, Worcester resident
5. Chris Horton, Worcester resident
6. Reverend Sarah Stewart, Worcester resident
7. Rose Pavlov, Worcester resident
8. Angel Guzman, Holden resident
9. Claire Schaffer-Duffy, Worcester resident
10. William Coleman, III, Worcester resident

 

7.

RECESS TO EXECUTIVE SESSION

7a.

ORDER - That the City Council recess into Executive Session for the purpose of discussing strategy with respect to collective bargaining.

Attachments

Mayor Petty read the Order and moved for a roll call vote. Order adopted on a roll call vote of 11 Yeas and 0 Nays. City Council recessed into Executive Session at 7:37 P.M.

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Jennifer Hylton, Executive Director of Counseling & Assessment Clinic of Worcester LLC, request installation of handicap parking space in front of 418 Main St.

Attachments

Referred to Traffic and Parking Committee

 

9b.

Councilor George J. Russell on behalf of Cheryl Courtney request installation of "Go Slow" children signage in the vicinity of 28 Davenport St.

Attachments

Referred to Traffic and Parking Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Consulting Actuary of KMS Actuaries, LLC to provide City Council with a report showing the impacts to the OPEB liability if proposed legislation (HB 59) regarding design changes for retirees health care were adopted at the state level. (Rushton)

Attachments

Order adopted

 

10b.

FROM THE COMMITTEE ON FINANCE - Request City Manager report what is the Worcester Public Schools portion of the current OPEB liability. (Economou)

Attachments

Order adopted

 

10c.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager make accessible the Public Health Flyer regarding the Safe Disposal of Sharps and Prescriptions in Worcester to City Councilors so they can assist residents and to neighborhood and crime watch groups.

Attachments

Order adopted

 

10d.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager with the Mayor, School Administration and the Public Health Administration begin a dialogue to develop a curriculum to educate parents as to the proper storage and disposal of prescription drugs as well as recognizing drug use behavior and to educate students as to prevention of drug use.

Attachments

Order adopted

 

10e.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager report the number of arrests that have resulted from a 911 call requesting assistance for a person overdosing on drugs in the last year

Attachments

Order adopted

 

10f.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager submit an updated report regarding the opioid prevention plan.

Attachments

Order adopted

 

10g.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with the estimated total number of graduate and undergraduate students residing within dormitories in the city of Worcester.

Attachments

Order adopted

 

10h.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager provide City Council with the data included in a report of the Worcester Regional Research Bureau quoting the number of police officers per-capita in similar urban communities.

Attachments

Order adopted

 

11.

ORDERS

11a.

Request City Manager request the Police Chief consider increasing the number of Tasers so they are made available to all police officers and to provide additional training in Taser usage and protocols. (Toomey)

Attachments

Councilor Toomey moved to amend to include the words, "on shift". Order adopted as amended

 

11b.

Request City Manager inform City Council of plans for replanting shade trees in Beacon Street as part of the sidewalk reconstruction project. (Rivera)

Attachments

Order adopted

 

11c.

Request the City Manager with the Mayor bring together city representatives, community members and persons in recovery to discuss and create a message to send to the state level requesting an effective treatment plan for preventing drug overdoses from the misuse of opioids/prescription drugs that requires resources and funding for facilities outpatient and follow up care to achieve recovery and management of addiction. (Rivera)

Attachments

Councilor Toomey moved to be recused on the Item. Councilor Toomey recused on a roll call vote of 10 Yeas and 0 Nays (Toomey absent). Order adopted

 

11d.

Request City Manager consider inoculating trees on municipal streets contiguous to Green Hill Park as a preventive measure against any infestation of the Asian Longhorned Beetle. (Palmieri)

Attachments

Order adopted

 

11e.

Request City Manager report the city’s plan for Food Trucks allowed in targeted areas of the city including rules as to how often they are able to set up, health inspections of trucks and permitting costs; further, request this report within 30 days for consideration before the Economic Development Committee. (Rushton, Rivera, Rosen)

Attachments

Councilor Lukes moved to Table the Item Under Privilege. Tabled Under Privilege - Lukes

 

11f.

Request City Manager consider selecting private streets as well as public streets for resurfacing under Chapter 90 funding at no expense to the private street homeowner. Further, request City Manager have all private streets assessed and make a list based on priority. (Palmieri)

Attachments

Mayor Petty moved to amend: Further, request City Manager request City Solicitor provide a legal opinion as it relates to paving private streets using Chapter 90 funding. Further, request City Manager provide City Council with the cost associated with paving and utility work done on private streets over the last ten (10) years. Order adopted as amended

 

11g.

Request the City Manager consider contacting the Cultural Commission and community representatives to discuss and receive input concerning placing a mural on the abandoned grocery store building across from Coes Pond and if this idea is favorable to then contact the building owner. (Palmieri)

Attachments

Order adopted

 

12.

CHAIRMAN'S RESOLUTION

12a.

FROM THE COMMITTEE ON PUBLIC SAFETY - That the City Council does hereby go on record in favor of hiring a police class of at least 20 for Fiscal Year 2016.

Attachments

Councilor Bergman moved to amend to go on record in favor of hiring a police class of at least 23 for Fiscal Year 2016. Chairman's Resolution adopted on a roll call vote of 11 Yeas and 0 Nays as amended

 

13.

REPORTS OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES

13a.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Report of the Committee on Public Health & 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

Accepted

 

13b.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to Substance Abuse Prevention Activities and Events: recommend Communication be placed on file.

Attachments

Accepted

 

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.

ORDER of Councilor Morris A. Bergman and Councilor Gary Rosen request City Manager obtain information/reports from the appropriate departments prior to this year’s budget as to the cost(s) and feasibility of implementing full-time Worcester Police Officer(s) and/or metal detector(s) in each of our public high schools and the current costs/expenses associated with security measures thereat. (Tabled - Petty April 28, 2015)

Attachments

Mayor Petty moved to take the Item off the Table. Taken off the Table on a roll call vote of 11 Yeas and 0 Nays. Councilor Toomey moved to amend to include the phrase, “as an additional solution to safety in schools.” Order denied as amended on a roll call vote of 5 Yeas and 6 Nays (Yeas - Bergman, Gaffney, Rosen, Russell, Toomey) (Nays - Economou, Lukes, Palmieri, Rivera, Rushton, Petty) Councilor Bergman moved for reconsideration. Reconsideration denied on a roll call vote of 5 Yeas and 6 Nays (Yeas - Bergman, Gaffney, Rosen, Russell, Toomey) (Nays - Economou, Lukes, Palmieri, Rivera, Rushton, Petty).

 

14l.

ORDER of Councilor Morris A. Bergman request the City Manager to request the Commissioner of the Department of Public Works and Parks investigate the use of “Pothole Killers” technology for repairing seasonal potholes. http://potholekillers.com/. (Tabled - Petty April 28, 2015)

Attachments

Mayor Petty moved to take the Item off the Table. Taken off the Table on a roll call vote of 11 Yeas and 0 Nays. No action taken – Returned to the Table.

 

15.

NEW BUSINESS UNDER SUSPENSION OF RULES

15a.

Motion Petty – Suspension of Rules – That the City Council does hereby amend the time of the Tuesday, May 12, 2015 City Council Meeting to convene at 4:00 P.M. for the purpose of referring the the City Manager’s item relative to the Fiscal Year 2016 Budget to the Finance Committee for consideration.

Attachments

Order adopted

 

15b.

PETITION – Councilor Michael T. Gaffney request Standing Committee on Veterans’ and Military Affairs meet to discuss plans regarding the World War I Monument and Memorial Garden in the Tatnuck Square neighborhood.

Attachments

Referred to Veterans' and Military Affairs Committee

 

15c.

PETITION – Councilor Tony Economou on behalf of Carl Gentile request utility trench across Northgate Circle in the vicinity of 5 Northgate Circle be repaired.

Attachments

Referred to Public Works Committee

 

15d.

PETITION – Councilor Tony Economou on behalf of the Bello Residence request emergency sidewalk repair in front of 4 Cheyenne Rd. due to root growth causing a significant tripping hazard.

Attachments

Referred to Public Works Committee

 

15e.

PETITION – Councilor Tony Economou on behalf of Michael Conrad request speed enforcement on Moreland St. in the vicinity of 288 Moreland St.

Attachments

Referred to Traffic and Parking Committee

 

15f.

PETITION – Councilor Tony Economou on behalf of Dave Schwartz request installation of a “No Dumping Per Order of the City of Worcester” sign at Indian Lake Beach at the end of Clason Rd. to the left of the bath house.

Attachments

Referred to Public Works Committee

 

15g.

Motion Palmieri – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks mend areas in disrepair at Holmes Field.

Attachments

Order adopted

 

15h.

Motion Rivera – Suspension of Rules – As Chair of the Public Health and Human Services Committee, request City Council suspend its rules and allow the report of the Public Health and Human Services Committee on the City Manager’s funding recommendations for the CDGB and Associated Programs be included on the City Council’s May 12, 2015 agenda.

Attachments

Order adopted

 

15i.

Motion Bergman – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks provide upkeep on the island near WPI’s campus prior to WPI’s graduation ceremonies.

Attachments

Order adopted

 

15j.

Motion Petty – Suspension of Rules – Request City Manager request City Solicitor provide City Council with a report concerning the State of Massachusetts’ new procedures for Medical Marijuana facilities and its impact in the City.

Attachments

Order adopted