CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, October 21, 2014

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 9:11 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of October 7, 2014.

Hearing: NATIONAL GRID for conduit location in: VERNON ST./PROVIDENCE ST./JEFFERSON ST. Granting permission to NATIONAL GRID for conduit location in: VERNON ST./PROVIDENCE ST./JEFFERSON ST.

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

Hearing: NATIONAL GRID & VERIZON ENGLAND, INC. for installation and removal of various jointly owned poles in: LAKE AVE. NORTH Granting permission to NATIONAL GRID & VERIZON ENGLAND, INC. for installation and removal of various jointly owned poles in: LAKE AVE. NORTH

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

Mayor Petty read a Proclamation declaring October 24, 2014 as Worcester Food Day in the City. The Proclamation was presented to Liz Sheehan Castro.

Mayor Petty read a Proclamation declaring October 26, 2014 as Senator Edward William Brooke, III Birthday Celebration Day in the City. The Proclamation was presented to William S. Coleman, III, who spoke on the history of the former United States Senator.

MOMENT OF SILENCE for Wolf Bergman, Councilor Morris A. Bergman’s father, who passed away on Monday, October 13, 2014 at the age of 89.

Mayor Petty recognized the following speakers:
1. William Breault, Worcester resident
2. State Representative Mary Keefe, Worcester resident
3. Allen Fletcher, Worcester resident
4. John Giangregorio, Boston resident
5. John Provost, Worcester resident
6. Matthew Cory, Worcester resident
7. Bob Largess, Sutton resident
8. Jo Hart, Worcester resident
9. Mauro DePasquale, Worcester resident
10. John Piccolo, Worcester resident

Biodun Akande request to make public Stanley Rd.

Biodun Akande request to make public Beaman Ave.

Councilor Konstantina B. Lukes on behalf of Mauro DePasquale request relocation of electric pole #49 in vicinity of 415 Main St. because it has been hit numerous times by vehicles and buses and it may be more appropriate in a different location.

Patrick & Erin Burns request installation of sidewalks between 66 Brattle St. and 104 Brattle St. in the interest of public safety.

Elizabeth Hill request Perkins St., from Paine St. to Lincoln St. be resurfaced.

Suzanne Parker request installation of handicap parking in front of 25 Almont Ave.

Wendy Shieh et al request installation of resident permit parking on Cottage St.

William S. Coleman, III request opportunity to address City Council and discuss the Statewide celebration of the 95th birthday of former United States Senator Edward W. Brooke, II.

Transmitting the Independent Auditors Report on Financial Statements and Supplementary Information and the Management Letter of the DCU Center for the year ended June 30, 2014.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager organize a meeting between the Commissioner and Director of Public Health and the Police Chief to discuss recommendations to improve compliance of the Tobacco Ordinance by increasing the penalty for violations, delegation of enforcement to hospital campus security and increasing buffer zones. Further, request the Police Chief report his opinions to City Council.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the City Solicitor report the feasibility of changing the penalty for violating the Tobacco Ordinance from a non-criminal to a criminal offense and creating a revolving account to fund compliance efforts.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - – Request City Manager consider finding future funding for Tobacco Ordinance compliance efforts.

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager request the Commissioner of Public Health consider assigning an outreach worker to attend neighborhood meetings to assist the community with questions relative the sexual exploitation.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works and Parks to add Atwater St. to the Street Resurfacing List.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works and Parks to add Arletta Ave. to the Street Resurfacing List.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works and Parks assess Chiltern Hill Drive North for street potholes or depressions and further determine if a long patch repair would be feasible.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works and Parks add Chiltern Hill Drive North, both sides where needed, to the Sidewalk Repair List.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager, while preparing the yearly budget for streets and sidewalks capital programs, to consider finding additional funding for these programs whenever feasible.

Request City Manager report to City Council concerning the feasibility and advisability of implementing a Senior Property Tax Work-Off program that would allow qualified and approved seniors to do volunteer work for the city in exchange for a reduction in their property taxes. (Rosen)

Request City Manager inform City Council on which, if any, tax-exempt parcels of land in Worcester need to be reviewed to ensure that they do qualify for tax-exempt status. (Rosen)

Request the Mayor on behalf of City Council send a letter to the Governor with a copy to the members of the Worcester County Delegation, the Worcester Area Chamber of Commerce, and Congressman Jim McGovern as follows: "The Worcester City Council urges the release of $3 million in funding in the Environmental Bond Bill earmarked to assess the scale, scope, impacts, and infrastructure improvements of the re-opening of the Blackstone Canal on Harding Street between Kelley Square and Union Station and the preparation of design and engineering plans and the creation of the necessary construction documents." (Gaffney)

Request City Manager report to City Council concerning the ease of use and timeliness of content on the City's website, especially its homepage. Special attention should be given to the "Stay Informed" block which seems to provide outdated information on such projects as the CSX expansion, CitySquare, and Asian Longhorned Beetles, among others. (Rosen)

Request City Manager request the City Solicitor provide an opinion to the City Council relative to the legality of the City Council and Standing Committees to require an oath or affirmation to provide truthful information. (Gaffney)

Request City Manager provide City Council with a list of every person or group, other than municipal departments, that has a key to Bancroft Tower at Salisbury Park. (Gaffney)

Request City Manager advise City Council as to why, after several openings of Bancroft Tower at Salisbury Park, that an insurance policy is suddenly needed for the use of a public park and public building. (Gaffney)

Request City Manager provide grant requirements with all reports or requests relative to grants. (Gaffney)

Request City Manager request the City Assessor provide the City Council with an update as to the status of the appeals made by business property owners in the city to the Massachusetts Appellate Tax Board and how those decisions, if rendered in the property owners’ favor, affects the City budget. (Economou, Russell, Bergman, Toomey, Rivera)

Request City Manager consider and make a recommendation concerning a mandatory public display of the health inspection reports of and by eateries, restaurants and food trucks as previously request on August 20, 2013. (Lukes)

Request City Manager apply enforcement of current ordinances including per day graffiti clean-up fines charged to other city businesses to the contractors hired by city at Greenwood Park who are responsible for cleaning up graffiti at Greenwood Park since graffiti was not cleaned. (Russell)

Request City Manager consider working with the South Worcester Neighborhood Center to restore funding for their much needed after school program at Autumn Woods (Upland Gardens) that was recently cut. (Russell, Rivera)

Request City Manager review and make recommendations, after discussion with the Shrewsbury Street community, regarding the traffic plans, closure of Shrewsbury Street, and adequate notice to Shrewsbury Street businesses and residents regarding closures pursuant to the Columbus Day Parade (Lukes)

Request City Manager provide an update to City Council concerning the light at Main and Kilby Streets. (Rivera)

Request City Manager cause to be coordinated the development of the loom works project on Grand Street so that walking and biking connections are considered in the design and construction of the residential complex. (Rivera)

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.

FROM THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION - That the City Council does hereby go on record in opposition to the merger of Comcast Corporation with Time Warner Corporation.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the activities during the Month of September, National Preparedness Month: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communicaton of the City Manager transmitting informational communication relative to the Worcester Alliance Against Sexual Exploitation (WAASE): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Division of Public Health Performance Management System: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the activities of the Mass in Motion Municipal Wellness and Leadership Grant: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Four-year Strategic Plan of the Division of Public Health and the Central MA Regional Public Health Alliance: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Health Data Dashboard and the 1st Annual "CHIP Community Gathering and Review" to be held on February 26th at 4:30PM in the Levi Lincoln Jr. Chamber of City Hall: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to an update concerning the problem of prostitution: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communicaton of the City Manager transmitting informational communication relative to an Update of the Sexual Exploitation Task Force: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Communication of the City Manager transmitting informational communication relative to the Community Health Improvement Plan Update: recommend the Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to Funds Received as a Result of the Cable Franchise License: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to a New Contract with Charter Communications: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to update of Cable License Renewal Ascertainment Period: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to a Petition that Charter Communications' Filed with the Federal Communications Commission (FCC): recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Communication of the City Manager transmitting informational communication relative to Charter Communication's 4th Quarter Report on Response Time in Handling Phone Calls to Customer Care: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Order of Councilor Gary Rosen - Request the Standing Committee on Public Service & Transportation review the rates for services charged by Charter Communications and make sure the company is providing senior citizens and others who qualify with any discounted rates or plans available: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Mary Moule request the City Council investigate and negotiate a discount cable television service rate or rate cap for seniors in the current contract renewal negotiations between the City of Worcester and Charter Communications: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Mauro DePasquale, Executive Director of WCCA TV13, et al request the City Manager and the Cable Advisory Committee to prioritize and assure funding and grant allocations toward the continued development of WCCA TV 13’ operations and facility: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Mauro DePasquale, Executive Director of WCCA TV13, et al requesting City Council request the City Manager to distribute WCCA TV programming broadly throughout Worcester County or, at least, through Charter’s system in towns surrounding Worcester: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Mauro DePasquale, Executive Director of WCCA TV13, request City’s consideration of extending our current agreement with the City until the renewal of the Franchise and that of WCCA’s agreement is accomplished: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Jonathan Curtis request a Citizen's Committee be created to advise City Administration and City Council on how to best to use Internet resources: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ann Bartosiewicz request abatement of street betterment assessment #25281 in the amount of $13,921.90 for Monticello Dr.: recommend adoption of the accompanying Order for partial abatement resulting in a new assessment of $1,815.90.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sean Quinlivan request to resurface the public portion of Steele St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Morris A. Bergman on behalf of Morton Sreiberg request Greybert Lane be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anne Adam request installation of a curb ramp/curb end that is ADA compliant at the intersection of Catalpa St. and Bishop Ave.: recommend adoption of the accompanying Order to install an ADA compliant wheelchair ramp at the intersection of Catalpa St. and Bishop Ave.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Kurkulonis, Jr. request a barrier be installed at the end of Longmeadow Ave. where it abuts with the back yard of 1 Stratton Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the City's Policy for Restriping Crosswalks in a Timely Fashion: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager recommending approval of an additional sewer installation on Millbury St. in conjunction with the sewer improvement project in the Granite St. area.: recommend Report and Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor William J. Eddy request a long patch street repair in the vicinity of 13 Sherwood Rd.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Chris Angoff request Chiltern Hill Drive North be repaved: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Betty O'Day request Cargill Ave. be resurfaced: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Simakauskas request a sidewalk be created in front of 271 Franklin St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Ilona Huang request to make public Tatnuck Gardens: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Elizabeth MacIver on behalf of Diana MacIver request abatement of street betterment assessment #25185 in the amount of $7,977.69 for Cascade Rd.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Paul Ritchotte request abatement of street betterment assessment #25159 in the amount of $11,094.00 for Chicopee St.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Cherry Dupuis request granite curbing be removed in front of 2 Wayne Terrace, in order to install a proper driveway apron: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Felicio Lana of Northeast Properties request the wall at 25-27 Pemberton St. (Mason St. side) be repaired: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Eldon Hutchinson Jr, et al request the retaining wall of 20 Westminster St. be replaced: recommend Petition be denied.

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 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)

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)

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)

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)

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)

Motion Petty @ #5a CC – Request City Manager coordinate National Grid and Charter Communications’ conduit installations in the Providence Street area.

Motion Lukes @ #9a CC – Request City Manager provide City Council with the naming rights agreement and development fund amendment for the DCU Center.

Motion Toomey @ #11g CC – Request City Manager make the need for insurance policies more prominent on applications for organization and group usage of public parks and buildings.

PETITION – Councilor Sarai Rivera on behalf of Abdur Rahim request bus stop in front of 214 Chandler St. be removed.

Motion Rivera – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks repair signage at the bus stop located in the vicinity of Dix and Lancaster Streets.

PETITION – Councilor Sarai Rivera request installation of shelter from the weather at the bus stop located in the vicinity of Dix and Lancaster Streets.

PETITION – Councilor Kathleen M. Toomey request sidewalk repair in front of 321 Main St.

PETITION – Councilor Tony Economou on behalf of James and Sandra Bazoukas request installation of crosswalk in Burncoat St. at King Philip Rd.

Motion Economou – Suspension of Rules - Request City Manager provide City Council with a report regarding the protocol of installing private business signage on City property.