CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 3, 2014

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 7:58 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 except for Councilor Rushton with the Mayor as Chair. Councilor Rushton arrived at 7:19 P.M.

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 May 20, 2014.

Attachments

Order adopted

 

5.

HEARING & ORDER

5a.

Hearing: CHARTER COMMUNICATIONS for a conduit location in: FOREST ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location in: FOREST ST.

Attachments

Hearing held and Order adopted

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Petty recognized the following speaker: 1. John Provost, Worcester resident

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

George Caramanica of the American Cancer Society request the tree on the Cedar Street side of 7 Oak Street be trimmed.

Attachments

Referred to the Department of Public Works and Parks

 

8b.

Maureen Stephens request sidewalk repair in front of 46 Midland Street.

Attachments

Referred to Public Works Committee

 

8c.

Audunn Valdimarsson of 17 Main Street Realty, LLC request sidewalk repair in front of 4 Lund Street.

Attachments

Referred to Public Works Committee

 

8d.

Paul Ritchotte request abatement of street betterment assessment #25159 in the amount of $11,094.00 for Chicopee Street.

Attachments

Referred to Public Works Committee

 

8e.

Scott Ricker request immediate repair be completed on the sidewalk in front of Worcester Art & Frame Gallery, 16 Norwich Street and all sidewalks that have a change in level of more than 1/2 inch.

Attachments

Referred to Public Works Committee

 

8f.

Karen Short request abatement of street betterment assessment #25285 in the amount of $12,091.32 for Heroult Road.

Attachments

Referred to Public Works Committee

 

8g.

Asael Baez request sidewalk repair in front of 43 Heywood Street.

Attachments

Referred to Public Works Committee

 

8h.

George Caramanica of the American Cancer Society request sidewalk repair on the Cedar Street side of 7 Oak Street.

Attachments

Referred to Public Works Committee

 

8i.

Wade Tenney request St. John's Road be resurfaced.

Attachments

Referred to Public Works Committee

 

8j.

Councilor Gary Rosen request Blaine Avenue be resurfaced.

Attachments

Referred to Public Works Committee

 

8k.

Councilor Gary Rosen on behalf of Martin Griff request Rydal Street be resurfaced.

Attachments

Referred to Public Works Committee

 

8l.

Councilor Gary Rosen on behalf of James Lennon request the trench in front of 61 Havelock Road be filled.

Attachments

Referred to Public Works Committee

 

8m.

Councilor Gary Rosen on behalf of Maria Bocka request sidewalk repair in front of 15 Arletta Avenue.

Attachments

Referred to Public Works Committee

 

8n.

Councilor Philip P. Palmieri request Distributor Road be resurfaced.

Attachments

Referred to Public Works Committee

 

8o.

Randall Ormo request precautionary signage be installed warning of traffic light to oncoming traffic travelling north in the vicinity of the Lincoln Park Towers on Lake Avenue.

Attachments

Referred to Traffic and Parking Committee

 

8p.

Ann Albano request handicap parking space be installed in front of 622 Pleasant Street.

Attachments

Referred to Traffic and Parking Committee

 

8q.

Audunn Valdimarsson of 17 Main Street Realty, LLC request removal of handicap parking space in front of 4 Lund Street.

Attachments

Referred to Traffic and Parking Committee

 

8r.

William Pollack, DMD, request installation of a crosswalk across Pleasant Street in the vicinity of 1010 Pleasant Street.

Attachments

Referred to Traffic and Parking Committee

 

8s.

Asael Baez request installation of "Go Slow" children advisory signs in vicinity of 43 Heywood Street.

Attachments

Referred to Traffic and Parking Committee

 

8t.

Councilor Philip P. Palmieri request the one hour parking signs be re-installed on the northerly side of East Central Street from Shamrock Street to Itam Court.

Attachments

Referred to Traffic and Parking Committee

 

8u.

Councilor George J. Russell on behalf of Dotty West request installation of large truck prohibition in Wiser Avenue in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

8v.

Councilor Sarai Rivera request the pedestrian crossing signals at 1050/1060 Main Street be repaired to operable condition.

Attachments

Referred to Traffic and Parking Committee

 

8w.

Councilor Sarai Rivera request crosswalks in Murray Avenue and Wellington Street be repainted in the interest of pedestrian safety.

Attachments

Referred to Traffic and Parking Committee

 

8x.

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.

Attachments

Referred to Traffic and Parking Committee

 

8y.

Councilor Sarai Rivera request installation of crosswalk in the intersection of Chandler and Irving Streets.

Attachments

Referred to Traffic and Parking Committee

 

8z.

Madeline Martin request the installation of Stop Signs in Peabody Street at the intersection with Northboro and Plantation Streets and also at the intersection with Franklin Street and Harrington Way.

Attachments

Referred to Traffic and Parking Committee

 

8aa.

Gina Tangney request speed limit signs and/or stop signs at the school crossing portion of Harrington Way, as well as toward the bottom of the hill, as a way to slow down traffic.

Attachments

Referred to Traffic and Parking Committee

 

8bb.

Scott Ricker request the umbrellas on two (2) tables in City Hall Plaza and the deck behind City Hall be opened by 8:00 A.M. and have a universal symbol visible when opened.

Attachments

Referred to the City Manager

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider in the future providing additional funding to our public safety divisions to continue needed community services. (Rivera)

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON FINANCE - Request City Manager report plans for the use of the space currently occupied by the Emergency Communications/Management departments when they relocate to Coppage Dr. (Lukes)

Attachments

Order adopted

 

9c.

FROM THE COMMITTEE ON FINANCE - Request City Manager report what constitutes other personnel services in the budget of Emergency Communications. (Russell)

Attachments

Order adopted

 

9d.

FROM THE COMMITTEE ON FINANCE - Request City Manager report how many vehicles are used by the city, report the year, model and mileage of those vehicles, and their purposes and further, report the feasibility of vehicle sharing between departments. (Russell, Lukes)

Attachments

Order adopted

 

9e.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with a complete list of fees charged by Inspectional Services Department. Further, for comparison purposes, request City Manager provide the fees levied by utility companies such as National Grid for services provided to customers. (Lukes, Petty)

Attachments

Order adopted

 

9f.

FROM THE COMMITTEE ON FINANCE - Request City Manager request Inspectional Services consider consolidating the payment of fees; this would benefit and be more convenient to the public as well as streamlining city operations. (Palmieri)

Attachments

Order adopted

 

9g.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider having Technical Services and/or other tech partners create a phone app for permitting. (Toomey)

Attachments

Order adopted

 

9h.

FROM THE COMMITTEE ON FINANCE - Request City Council schedule an executive session for the purpose of discussing all court judgments that includes especially the recently decided case involving a police officer. (Lukes)

Attachments

Order adopted

 

9i.

FROM THE COMMITTEE ON FINANCE - Request the City Clerk request the Superintendent of Public Schools provide City Council with a listing of colleges to which high school graduates have been accepted and will attend in the fall of 2014. (Toomey)

Attachments

Order adopted

 

9j.

FROM THE COMMITTEE ON FINANCE - Request the City Clerk request the Superintendent of Public Schools provide City Council with a plan that projects and extracurricular events resulting from Stem/Steam and athletic achievements and may require fund raising. (Toomey)

Attachments

Order adopted

 

9k.

FROM THE COMMITTEE ON FINANCE - Request Commissioner of Public Works & Parks post to their web page the report regarding the Proposed FY15 Water and Sewer Rate Increases and Impact if Rates Are Not Approved. (Toomey)

Attachments

Order adopted

 

9l.

FROM THE COMMITTEE ON FINANCE - Request City Manager consider promoting to residents the option to pay water and sewer bills on account. (Bergman)

Attachments

Order adopted

 

9m.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a report that compares the costs of private golf courses with the city’s. (Gaffney)

Attachments

Order adopted

 

9n.

FROM THE COMMITTEE ON FINANCE - Request City Manager report the percentage of tax levy that is relied upon for trash collection in other “pay as you throw” communities (Palmieri)

Attachments

Order adopted

 

9o.

FROM THE COMMITTEE ON FINANCE - Request the Commissioner of Public Works & Parks report why there are so many downtown thirty-minute or less parking meters and why they cannot be made to have two hour limits. (Bergman)

Attachments

Order adopted

 

9p.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide the status of all Public Health initiatives at the end of the year for review. (Petty)

Attachments

Order adopted

 

9q.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a zoning opinion or recommendation as to how to prevent the tearing down of historic buildings, especially on Main St., for construction of a parking garage or lot. (Lukes)

Attachments

Order adopted

 

9r.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide a detailed report concerning the city’s future marketing plan. (Lukes)

Attachments

Order adopted

 

9s.

FROM THE COMMITTEE ON FINANCE - Request City Manager amend the FY 2015 Line Item Budget to include Cable Services budget. (Gaffney)

Attachments

Order adopted

 

9t.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide as previously requested a breakdown of the Cable Services Ordinary Maintenance budget. (Gaffney)

Attachments

Order adopted

 

9u.

FROM THE COMMITTEE ON FINANCE - Request City Manager forward to City Council the policy that Cable Services uses regarding filming events. (Gaffney)

Attachments

Order adopted

 

9v.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request City Assessor report to City Council how many properties in areas surrounding Holy Cross, Clark University, Becker College and WPI are listed as having true four-bedroom units.

Attachments

Order adopted

 

9w.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request City Solicitor provide City Council with an update concerning the timeframe in which he expects litigation to be completed regarding an appeal in the Clark University area for code violations regarding lodging house enforcement.

Attachments

Order adopted

 

9x.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request Commissioner of Inspectional Services report to City Council the number of complaints received within college neighborhoods concerning compliance of lodging laws. Further, request City Manager request Commissioner of Inspectional Services also report as to which areas these problems are most prevalent, including but not limited to areas surrounding Holy Cross.

Attachments

Order adopted

 

9y.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager report to City Council as to the laws regarding at what point it becomes obligatory to maintain a property manager at a given living space.

Attachments

Order adopted

 

9z.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request Police Chief provide an opinion to City Council concerning whether or not he expects there to be an increase in disorderly conduct should there be four or more non-related persons allowed to reside in a living unit.

Attachments

Order adopted

 

10.

ORDERS

10a.

Request City Manager commission a walkability study of Gardner and Hollis Streets near the Boys and Girls Club. (Toomey)

Attachments

Order adopted

 

10b.

Request City Manager conduct both a Pond Management Plan and a Total Maximum Daily Load (TMDL) study of Coes Pond/Reservoir. (Rosen)

Attachments

Councilor Rosen moved to amend to include Patch Reservoir. Order adopted as amended

 

10c.

Request City Manager propose an ordinance that will prevent property owners from clear-cutting wooded areas prior to their project plans being approved by the City. (Rosen)

Attachments

Councilor Gaffney rose in opposition and moved to place the item on file. Councilor Bergman moved to amend: Further, request City Manager request Director of Planning and Regulatory Services provide City Council with a plan to incentivize developers to keep trees in areas in which they are building. Councilor Lukes moved to amend: Further, Request Director of Planning and Regulatory Services provide City Council with a report regarding the environmental impact of clear-cutting land. Councilor Russell moved to placed the item on file. Placed on file on a roll call vote of 6 Yeas and 4 Nays (Yeas - Economou, Gaffney, Rivera, Rushton, Russell, Toomey) (Nays - Bergman, Palmieri, Rosen, Petty) (Lukes absent). Councilors Bergman, Lukes and Russell's motions were not put.

 

10d.

Request City Manager to report on what city services and their costs are provided to properties owned and administered by the Worcester Housing Authority. (Lukes)

Attachments

Order adopted

 

10e.

Request City Manager arrange to have the flag pole at the World War Memorial at Lincoln Square repainted. (Rosen)

Attachments

Order adopted

 

10f.

Request City Manager report to the City Council the rationale of the DCU Center renovating space to operate a new restaurant, staffed by its own employees, and open to the public during the day, with access from the street, even when there are no functions occurring at the DCU Center. (Rosen)

Attachments

Order adopted

 

10g.

Request Mayor consider appointing an ad-hoc committee comprised of individuals interested in promoting Worcester’s rich history for the express purpose of identifying locations of historic/prominent individuals and events from throughout our history and for the placement of proper markers identifying same. (Bergman)

Attachments

Councilor Toomey moved to amend: to include members of the Worcester Historical Museum and members of Preservation Worcester in the ad-hoc committee. Order adopted as amended

 

10h.

Request City Manager request City Solicitor draft an amendment to the Rules of the City Council to set forth a procedure whereby a vote of a Councilor “made in error” and not reconsidered can be recorded as such. (Bergman)

Attachments

Order adopted

 

10i.

Request City Manager request City Assessor report to the City Council the tax impacts on city taxpayers if the City Council were to adopt M.G.L. Chapter 59, sections 5C and 5i relative to residential and commercial tax exemptions at both a 5% and 10% value of the parcel exemption. (Bergman)

Attachments

Order adopted

 

10j.

Request City Manager consider an initiative that would convert all municipally-owned buildings to “cool roofs” similar to those created in a New York City program, and further, request the Superintendent of the Worcester Public Schools for parallel implementation at buildings under their purview. Additionally, request City Manager request the Worcester Regional Chamber of Commerce encourage downtown property owners participate in a “cool roof” program. (Rushton)

Attachments

Order adopted

 

10k.

Request City Manager interface with the Worcester Regional Chamber of Commerce to pursue an internship and apprenticeship program within the private sector for both high school and college students. (Palmieri)

Attachments

Councilor Rivera moved to amend: Further, request City Manager interface with Public Health Department to pursue internship opportunities for high school and college students. Order adopted as amended

 

10l.

Request City Manager work with the Worcester Redevelopment Authority so that they give strong consideration to include the Wyman-Gordon property along Madison Street in the downtown theater district urban renewal study area. (Palmieri)

Attachments

Order adopted

 

10m.

Request City Manager, with the Mayor and the Police Chief, meet with area bank presidents to engage them in a serious discussion concerning public safety issues that have arisen recently and need improvements. (Palmieri)

Attachments

Order adopted

 

10n.

Request City Manager investigate the feasibility of designating the first floor of the Hadley Building (formerly David Burwick Furniture) for a Puerto Rico 65th U.S. Army Infantry Regiment Museum and consider involving the Worcester Public Schools Junior ROTC students in staffing such an entity. (Palmieri)

Attachments

Order adopted

 

10o.

Request City Manager update the City Council concerning the traffic analysis for the intersection of Main, Cambridge, Webster and Mill Streets. (Rivera)

Attachments

Order adopted

 

10p.

Request City Manager request Police Chief conduct crosswalk surveillance at 1050/1060 Main Street and in front of the Marble Apartments at the corner of Main and Marble Streets. (Rivera)

Attachments

Order adopted

 

10q.

Request City Manager report to City Council as to the effectiveness of the current panhandler outreach efforts. (Rivera)

Attachments

Order adopted

 

10r.

Request City Manager update City Council concerning the policy and practice strategies employed to date by the Worcester Alliance Against Sexual Exploitation in which the Worcester Police Department and the Worcester Division of Public Health work in tandem to support the task force recommendations. (Rivera)

Attachments

Order adopted

 

11.

COMMUNICATION

11a.

Timothy J. McGourthy, Executive Director of Worcester Regional Research Bureau, transmitting communication relative to "Toward a Common Understanding of the Common Core".

Attachments

Referred to Education Committee to meet jointly with School Committee's Committee on Finance & Operations

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

 

12c.

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

 

12d.

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

 

12e.

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

 

13.

NEW BUSINESS UNDER SUSPENSION OF RULES

13a.

Motion Economou – Suspension of Rules – Request Mayor allow constituent to speak.

Attachments

Order adopted. Jo Hart, Worcester resident, spoke in regards to the City Hall front door being locked on week nights.

 

13b.

PETITION – Councilor Tony Economou on behalf of Our Lady of the Rosary Church request directional signage to the church be placed at Burncoat Street and Randall Street.

Attachments

Referred to Traffic and Parking Committee

 

13c.

PETITION – Councilor Tony Economou request catch basin in front of 37 Rollinson Road be reset.

Attachments

Referred to Public Works Committee

 

13d.

PETITION – Councilor Tony Economou on behalf of the residents of Briarwood Retirement Community request trees and brush along Briarwood Lane from East Mountain Street to the City line be cut back in the interest of public safety.

Attachments

Department of Public Works and Parks