CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 19, 2016

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 7:55 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 Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
David J. Rushford
Sarai Rivera Gary Rosen
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 December 15, 2015.

Attachments

Order adopted

 

5.

ITEMS OF PUBLIC INTEREST

5a.

Mayor Petty recognized the following speakers:
1. John Provost, Worcester resident
2. Idella Hazard, Worcester resident
3. Jo Hart, Worcester resident

 

6.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

7.

PETITIONS

7a.

Matt Flink, Regional Facilities Director of Appleton Corporation, on behalf of TDG Union Street, LLC request approval of the discontinuance of a portion of Market St. (see attached) and to remove said section from the Official Public Map.

Attachments

Referred to Planning Board

 

7b.

Kamel Anthony Bryant request City Council create a Neighborhood Crime Watch, install cameras and step up patrols in the area of 23 Barclay St.

Attachments

Referred to Public Safety Committee

 

7c.

Mikhail Masalskiy request winter parking ban on Sierra St. be changed to odd side, permanent.

Attachments

Referred to Traffic and Parking Committee

 

8.

COMMUNICATION OF THE CITY AUDITOR

8a.

Transmitting the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2015.

Attachments

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

 

9.

ORDERS

9a.

Request City Manager request the Commissioner of Public Health provide an update on the success of the most recent Goods for Guns Program that took place on December 12th, 2015. (Petty)

Attachments

Mayor Petty moved to amend: Further, request Commissioner of Public Health provide City Council, at its meeting on January 26, 2016, with a presentation outlining those successes. Order adopted as amended

 

9b.

Request City Manager have the Parks and Recreation Commission meetings posted prior to such meetings as well as the minutes of each meeting be posted on the city's website in a timely fashion. (Economou)

Attachments

Order adopted

 

9c.

Request City Manager report on the 100 largest tax payers and the 100 largest delinquent tax payers. (Lukes)

Attachments

Councilor Lukes moved to amend: Further, request City Manager include in said report a separate category indicating TIF applicants who are behind on their taxes. Order adopted as amended

 

9d.

Request City Manager request the City Solicitor, in consultation with the City Assessor, draft a Home Rule Petition under M.G. L. Ch. 59, section 5 adding an exemption from real estate tax the taxable portion/value of any addition/improvement made to real property in order to provide housing to a senior citizen, related by blood or adoption, for the period of time that the senior citizen is so housed. (Bergman)

Attachments

Mayor Petty moved to amend: Further, request City Manager request City Solicitor provide City Council with a report outlining the pros and cons of the M.G.L. Ch. 59 Section 5 statute. Councilor Gaffney moved to amend: Further, request City Manager request City Solicitor provide a legal opinion as to how to audit and keep track of senior citizens moving out of each property and if it is feasible to do so. Order adopted as amended

 

9e.

Request City Manager for an update regarding implementation of the Master Plan at Holmes Field including upcoming timelines and action steps. (Mero-Carlson)

Attachments

Order adopted

 

9f.

Request City Manager and the Commissioner of Public Works & Parks update the Council and neighbors on the status of the Lake Ave. North street project including upcoming timelines and action steps. (Mero-Carlson)

Attachments

Councilor Toomey moved to amend: Further, request City Manager request Commissioner of Public Works ensure necessary utilities are in place for Lake Ave. North street project. Order adopted as amended

 

9g.

Request City Manager, in the process to site Medical Marijuana facilities, include consideration for geographic diversity throughout the City, taking into account city council district boundaries, as part of the decision making process. (Mero-Carlson, Economou, Rosen, Toomey, Bergman)

Attachments

Councilor Toomey moved to amend: Further, request City Manager take into consideration facilities in neighboring towns. Councilor Economou moved to amend: Further, request City Manager consider what the saturation point may be for marijuana facilities in the City in order to help ensure each successful applicant’s success. Councilor Rosen moved to amend: Further, request City Manager provide City Council with information regarding what effect the possible adoption of recreational marijuana use may have in siting medical marijuana facilities. Order adopted as amended

 

10.

TABLED UNDER PRIVILEGE

10a.

REPORT OF THE COMMITTEE ON RULES AND LEGISLATIVE AFFAIRS Upon the Communication of the City Manager transmitting informational communication relative to the proposed changes to the Rules of City Council: recommend adoption of the accompanying Order that City Council does hereby approve the attached proposed Rules of City Council as amended by the Standing Committee on Rules and Legislative Affairs. (Tabled Under Privilege - Lukes January 12, 2016)

Attachments

Accepted and Order adopted on a roll call vote of 8 Yeas and 3 Nays (Yeas - Bergman, Economou, King, Mero-Carlson, Rivera, Russell, Toomey, Petty) (Nays - Gaffney, Lukes, Rosen)

 

10b.

CAUSED THE PUBLISHING OF THE MANUAL FOR CITY COUNCIL 2016-2017 (Tabled Under Privilege - Lukes January 12, 2016)

Attachments

Approved the publishing on a voice vote

 

10c.

ORDER of Councilor Konstantina B. Lukes - Request City Council recommit the report of the Standing Committee on Rules and Legislative Affairs voted on December 28, 2015 regarding review of the City Council's rules for further discussion as two of the committee's members(out of a total membership of three members) were not able to be present at the meeting. (Tabled Under Privilege - Lukes January 12, 2016)

Attachments

Councilor Lukes moved to withdraw her Order. Given Leave to Withdraw.

 

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 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

 

11c.

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

 

11d.

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

 

11e.

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

 

11f.

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

 

11g.

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

 

11h.

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

 

11i.

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

 

11j.

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

 

11k.

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

 

11l.

PETITION of Todd Holland request the City Council Calendar available on the City Government web site provide the following: 1) Under description a full and accurate synopsis be placed to properly inform all citizens of the true & accurate purpose of said meeting. 2) Under the Heading of "More Information" a link is provided to available agenda and purpose of meeting. 3) All meeting minutes be available on line in a timely manor and to include accurate details on presenters, attendees and attachments of any proposed plans. 4) A more efficient format making it easier to navigate using a graphical user interface friendly to people who lack full computer literacy. (Tabled - Economou January 12, 2016)

Attachments

No action taken

 

11m.

PETITION of Todd Holland request all City of Worcester agendas include the name of the specific person(s) or department presenting on each item in a given agenda. (Tabled - Economou January 12, 2016)

Attachments

No action taken

 

12.

NEW BUSINESS UNDER SUSPENSION OF RULES

12a.

Motion Lukes @ #9g CC – Request City Manager provide City Council with information regarding the roles both City Council and the potential neighboring communities of medical marijuana facilities play in regards to siting such facilities.

Attachments

Order adopted

 

12b.

Motion Russell @ #10A CC – Request Standing Committee on Rules and Legislative Affairs meet to review the Rules of City Council, enacted January 19, 2016.

Attachments

Referred to Rules and Legislative Affairs Committee

 

12c.

Motion Lukes – Suspension of Rules – Request City Manager provide City Council with information regarding Worcester Police Department's involvement in an incident that occurred at the Martin Luther King, Jr. Breakfast at Quinsigamond Community College on Monday, January 18, 2016.

Attachments

Order adopted