CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 3, 2013

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 9:17 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of November 19, 2013.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: VARNEY ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: VARNEY ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: KNOX ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: KNOX ST.

Mayor Petty announced through the efforts of the family of John "Jack" Morrissey, that Mr. Morrissey was finally presented with six medals by the Korean War Memorial Committee, which he earned during his service in the Korean War Conflict from 1951 to 1953. Mayor Petty presented him with a Key of the City to accompany the letter given to him by Mayor Holmstrom in 1953 upon his return home. The Mayor thanked him for his service to the country and also congratulated him on his and his wife's sixtieth wedding anniversary.

Mayor Petty presented a Key to the City to Christian Alexandrou, Worcester resident, who received the honor of Eagle Scout through his service to the community and country with Troop 114 of Shrewsbury, MA. Mayor Petty thanked him for his work designing and building a Veteran's Memorial honoring Greek Orthodox veterans that served in the American wars, which is located at Saint Spyridon Greek Orthodox Cathedral in Worcester.

Mayor Petty recognized the following speakers: 1. Barbara Haller, Worcester resident 2. Jack Foley, Worcester resident 3. Diana Biancheria, Worcester resident 4. James Leary, Worcester resident 5. Christopher Condon, Worcester resident 6. Frances Anthes, Worcester resident 7. William Feegbeh, Worcester resident 8. Jennifer Carey, Worcester resident 9. Tim Garvin, Worcester resident 10. Jeffery T. Potter, Worcester resident 11. Michael Testa, Worcester resident 12. Anh Vu Sawyer, Worcester resident 13. Leonard Zalauskus, Worcester resident 14. John Trobaugh, Worcester resident 15. Peggy Middaugh, Worcester resident 16. Hilda Ramirez, Worcester resident 17. Alex Marshall, Worcester resident 18. Margot Barnet, Worcester resident 19. John Brissette, Worcester resident 20. Craig Blais, Sutton resident 21. Deb Carey, Princeton resident 22. Joel Greene, Worcester resident 23. Scott Ricker, Worcester resident 24. Grace Ross, Worcester resident 25. Jo Hart, Worcester resident 26. Keith Scott, Worcester resident 27. Clara Savage, Worcester resident 28. David Coyne, Worcester resident 29. Mesfin Beshir, Worcester resident

Councilor Toomey announced that the Doherty Highlanders football team will be playing for State Championship this Saturday in Gillette Stadium. She wished them well and congratulated them.

Maureen Froggatt request Willow St. be made public.

Nancy Sullivan request installation of street light in the vicinity of 734 Pleasant St.

Pauline Brosky request abatement of street assessment #25245, in the amount of $7,851.28 for Bullard Ave.

William St. Germain request abatement of street assessment #25213, in the amount of $15,097.22 for Danvers St.

Nancy Sullivan request a catch basin be installed in the vicinity of 734 Pleasant St. in order to alleviate flooding issues.

Maureen Preston request abatement of street betterment assessment #25142 in the amount of $4,805.28 for Tyson Road.

Daisy Zorrilla request installation of resident permit parking from #90 to #94 Providence St.

Eric Cruze request removal of the handicap parking space at 8 North Ashland St.

Tina Paquette request installation of "No Skateboarding" signage in the vicinity of the parking lot entrance at North High School.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: BUCKLEY ST.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location in: REVERE ST.

Transmitting informational communication relative to City Council's request for the process and timeline that was followed during the 1993 City Manager search and appointment process.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager provide the City Council with responses to the previously voted requests concerning the 5 May Street property.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager take additional aggressive actions in advertising the sale of the 5 May Street property.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to the City Council the current utilization levels of the Francis McGrath Municipal Parking Facility.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works & Parks convene a meeting of various community groups to discuss the concerns and plans for funding of the dredging and related water quality improvements at Salisbury Pond at Institute Park.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the Commissioner of Public Works & Parks and the City Solicitor consider drafting an administrative appeal process that could be implemented to facilitate petitions and convenience the general public.

Request City Manager consider the installation of cameras on Townsend St and Merrick St to counteract the problem of longstanding illegal dumping. (Rivera)

Request City Manager develop a plan for the future funding mechanisms available for marketing efforts, specifically for South Worcester Industrial Park. (Rivera)

Request City Manager request the Commissioner of the Department Public Works and Parks to develop and implement protocols that notify businesses at least 48 hours in advance of any street, sidewalk and/or utility construction in the vicinity of their premises. (Rivera)

That the City Council hereby designates the municipal facility on Stonehouse Hill Road in Holden as the “Robert L. Moylan, Jr. Water Filtration Plant”. (Petty)

Request City Manager convene our local state delegation within the next 30 days to discuss and strategize amendments to the Dover Amendment. (Economou)

Request City Manager consider identifying potential parking lots to create more off-street metered parking in neighborhoods similar to and including Quinsigamond Village and Grafton St. to encourage small business development. (Russell)

Request Mayor and the Standing Committee on Municipal Operations obtain and submit a copy of the resume of the City Manager candidate whose appointment was moved by the Mayor on November 26, 2013 in order to establish a rationale for negotiations for a salary ordinance and a contract of employment. (Lukes)

Request City Manager request the City Solicitor for a legal opinion as to the votes needed and the process to be followed for an amendment to the salary schedule for the City Manager's position. (Lukes)

Request the Mayor and the Standing Committee on Municipal Operations obtain a list of job qualifications routinely required in the recruitment of a new City Manager by search firms such as the Edward J. Collins Jr. Center for Public Management in order to aid the City Council and the Municipal Operations committee in the negotiations for a contract with a new City Manager or interim Manager. (Lukes)

Michael V. O'Brien, City Manager, transmitting informational communication relative to the Fiscal Year 2014 Tax Classification Hearing.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the Theatre District Master Plan: recommend adoption of the accompanying Order that City Council does hereby approve in concept the Downtown Worcester Theatre District Master Plan, a joint effort of the City of Worcester Executive Office of Economic Development and the Worcester Business Development Corporation.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication relative to the DCU Center Special District Improvement Fund: recommend communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of Edward Farley, Director of MassDOT Office of Outdoor Advertising, transmitting informational communication relative to an upcoming meeting regarding proposed electronic billboard(s) in Millbury St.: recommend communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding the public review process for Certified Project Applications: recommend communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager transmitting informational communication regarding public comments Received about the Theatre District Master Plan Public: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Attorney Donald J. O'Neil, on behalf of Goldstar Builders Inc. request to amend zoning map by changing the zoning classification of two parcels of land at 169 Grand and 179 Grand St. from ML-2.0 to BL 1.0 by extending the BL 1.0 zone on the opposite side of Grand St. northerly to encompass both parcels: recommend report be given Leave to Withdraw at the Request of the Petitioner.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Carol Kaufman et al request to install public sewer line on Fenimore Rd., from Otsego Rd. to residences up to and including #8 Fenimore Rd.: recommend adoption of the accompanying Order to request City Manager recommend an appropriation of $39,000 for the installation of approximately 275 feet of sanitary sewer in Fenimore Rd.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jamie Cutroni-Morris request abatement of street betterment assessment #25054 in the amount of $5,905.80 for Penobscot St.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $765.90.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jeremy Lerch request abatement of street betterment assessment #25055 in the amount of $29,250.00 for Eames Rd.: recommend adoption of the accompanying order for a partial abatement resulting in a new assessment of $14,250.00.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Sullivan request abatement of street assessment #25059 in the amount of $19,518.00 for Eames Rd.: recommend adoption of the accompanying adoption for a partial abatement resulting in a new assessment of $4,518.00,

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to resident options during the re-planting of trees in areas affected by the ALB: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Salisbury Pond Dredging Feasibility Study: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to an update of the Route 20 Sewer Project: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Mass In Motion Safe Routes to School Initiative: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jonas & Dorothy Boateng request abatement of street betterment assessment #25070 in the amount of $3,550.10 for Dixfield St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dawn James request abatement of street betterment assessment #25087 in the amount of $4,498.09 for Dixfield St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sarah and Tony Nguyen request the abatement of street assessment #25072, in the amount of $4,563.17 for Dixfield St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Maria Mumby on behalf of P&M Properties, LLC. request abatement of street assessment #25063, in the amount of $11,655.60 in Dixfield St.: recommend Petition be denied.

Amending the Worcester Zoning Ordinance adopted April 2, 1991, relative to Registered Marijuana Dispensaries.

ORDER of Mayor Joseph M. Petty - That the City Council of the City of Worcester does hereby appoint Ed Augustus as the next City Manager, term to begin on January 6, 2014 for a period of six to twelve months. Further, let it be know that Mr. Augustus be disqualified for consideration for re-appointment immediately following the short term contract. Further, Request the Standing Committee on Municipal Operations convene a meeting in executive session for the purpose of strategizing and negotiating with Mr. Augustus a contract for six to twelve months and report to City Council the results of this negotiation no later than December 10, 2013. (Tabled - Lukes November 26, 2013)

TO BE ORDAINED - Amending the Revised Ordinances of 2008 Relative to An Ordinance to Repair the Impact of the Foreclosure Crisis on the City of Worcester. (Tabled - Lukes November 26, 2013)

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)

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)

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)

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)

Motion Lukes @ #6 CC - Request City Manager request the City Solicitor provide a legal opinion regarding the Library Board of Directors election process concerning vacancies, specifically, when a vacancy occurs because a member does not complete his or her term, can City Council elect a candidate to a six year term or does City Council only fill the unexpired term.

Motion Lukes @ #12e CC - Request City Manager request the City Assessor to provide City Council with a list of all tax exempt properties for the tax classification hearing. Councilor Economou moved to amend: Further, request City Manager provide a map depicting all tax exempt properties for the tax classification hearing. Councilor Toomey moved to amend: Further, request City Manager provide a list of tax exempt properties where the non-profit organizations do pay taxes.

PETITION – Councilor Tony Economou on behalf of the residents on Clason Rd. request “Go Slow" children advisory signs be installed in both directions.

Councilor Tony Economou on behalf of the residents of Clason Rd. and Sherburne Ave. request street light be added to the existing pole on the corner of Clason Rd.

Motion Economou – Suspension of Rules – Request City Manager organize a neighborhood meeting within fourteen days with UMASS Community Health Link to further discuss their proposal for 119 Forest St.

Motion Eddy - Suspension of Rules - Request City Manager provide an update regarding Pavilion on the Common honoring Worcester Residents such as Judge Paul V. Mullaney and John "Jack" Morrissey for their outstanding service to the city and country.

Motion O'Brien - Suspension of Rules - Request City Manager provide a report as to the process used regarding vacant city properties for sale and also report if they are offered to other city departments for use and include the process used for advertising vacant city properties for sale.

Motion Lukes - Suspension of Rules - Request the Mayor to consider eliminating any Wednesday meeting dates from the proposed 2014 City Council Meeting Schedule.