CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 14, 2015

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:00 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.

INVOCATION - Very Rev. Sahag Yemishian , Pastor of Holy Trinity Armenian Apostolic Church & Der Aved Terzian, Pastor of Armenian Church of Our Saviour.

2.

PLEDGE OF ALLEGIANCE

3.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

4.

ROLL CALL - All present with the Mayor as the Chair

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of March 31, 2015.

Attachments

Order adopted

 

6.

PRESENTATION

6a.

Recognition of the Burncoat Senior High School Green Reapers robotics team for winning several regional competitions. (Requested by Councilor Kathleen M. Toomey)

Burncoat High School’s Green Reapers Robotics Team presented their robot to the Mayor and City Council on their ten year anniversary. Over the last ten years, the Green Reapers robotic team has entered and flourished in several robotics competitions in many U.S. cities and has won the Engineering Inspiration Award and multiple World Championships. The Students who have participated were Gavin MacNeal, Ashley Smits, Zach Taylor, Maddie Hayman, Alixx Lizuerre, Michael Biggins, Dan Brazuelas, Judy Nuygen, Julian Charles and Cameron LeBlanc. The team was led by Bruncoat H.S. Physics Teacher Kevin Cox, WPI Graduate Nick Galotti and Joe Facteau.

 

7.

ITEMS OF PUBLIC INTEREST

7a.

Mayor Joseph M. Petty read a Proclamation declaring Friday, April 24, 2015 as Armenian Martyrs’ Day in the City of Worcester, which recognizes the 100th Anniversary of the Armenian Genocide. The Proclamation was presented to George Aghjayan, who spoke concerning the Proclamation.

Attachments

 

7b.

Mayor Joseph M. Petty read a Proclamation declaring Wednesday, April 15, 2015 as One Boston Day in the City of Worcester, which recognizes the countless acts of heroism seen following the terrorist attack at the Boston Marathon bombing.

Attachments

 

7c.

Mayor Joseph M. Petty read a Proclamation declaring the week beginning on Monday, April 13, 2015 as National Public Safety Telecommunications Week in the City of Worcester. The Proclamation was presented to Director of Emergency Communications Richard Fiske and Deputy Director of Emergency Communications Elizabeth Monahan.

Attachments

 

7d.

Mayor Petty recognized the following speakers:
1. Leonard Zalauskas, Worcester resident
2. William Breault, Worcester resident
3. William Belcher, Worcester resident
4. John Provost, Worcester resident
5. Jo Hart, Worcester resident

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

Steven Gallo of Arboretum Village, LLC request to make public Honeysuckle Rd. in it's entirety.

Attachments

Referred to Planning Board

 

9b.

Katherine Fratus request signs be installed in the Beaconsfield Rd. neighborhood that states owners must pick up after their dog or there will be a fine.

Attachments

Referred to Public Health and Human Services Committee

 

9c.

Denise Kong request installation of street lights throughout the public portions of Pineland Ave.

Attachments

Referred to Public Service and Transportation Committee

 

9d.

Raymundo Dominguez request installation of handicap parking space on the Dwight St. side of 308 Cambridge St.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Rhonda Miller request installation of handicap parking space in front of 27 Wawecus Rd.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Matthew Haddad request a "No U-Turn" sign be installed at the intersection of Lincoln St. and the driveway of Stop and Shop Plaza.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Matthew Haddad request to extend the delay of the red light on Lincoln St. for cars traveling Lincoln St. at Goldthwaite Rd.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Shanelle Chavis request installation of resident permit parking in Stockton St. from Vernon St. to Fairbanks St. twenty-four (24) hours a day, seven (7) days a week.

Attachments

Referred to Traffic and Parking Committee

 

9i.

Jay Cox request removal of handicap parking space in front of 47 Windsor St.

Attachments

Referred to Traffic and Parking Committee

 

9j.

Katherine Foley request installation of handicap parking space in front of 30 Proctor St.

Attachments

Referred to Traffic and Parking Committee

 

9k.

Carmen Zayas request installation of handicap parking space in front of 143 Cambridge St.

Attachments

Referred to Traffic and Parking Committee

 

9l.

Bill McNally et al request City Council to add one more teacher to the Norrback Avenue School's budget for next year.

Attachments

Referred to Finance Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager report to City Council any changes in use of the property at the CitySquare as a result of a sale from Berkeley Investments to another party.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10b.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request Brady Sullivan LLP periodically provide City Council with hard numbers concerning the hiring of women and minorities at the 2 Main Street-former courthouse property redevelopment site.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

10c.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide to City Council with a report concerning oversight of monies given to the Mosaic Cultural Complex and how legitimate are the concerns addressed on the internet regarding this entity. (Lukes)

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

11.

ORDERS

11a.

Request City Manager consider not raising property taxes on residents and businesses with the next budget. However, if the manager's budget includes a tax increase, it be prescribed that each and every dollar of the increased tax revenue be used to fund the City's pension and OPEB liabilities to protect the City's financial standing and fulfill the City's obligations. Alternatively, that the increased revenue be used to fund a police and fire class with the remainder be used to fund the City's pension and OPEB liabilities. In furtherance of this item, a report is requested outlining the property tax percentage increase in each budget for the past 20 years, specifically identifying any year where property taxes were not increased. (Gaffney)

Attachments

This was taken up with item #11n. Mayor Petty moved for a roll call vote - Order denied on a roll call vote of 2 Yeas and 9 Nays (Yeas - Gaffney, Lukes) (Nays - Bergman, Economou, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty)

 

11b.

Request City Manager advise City Council concerning the feasibility of and steps that need to be taken to enhance the vibrancy of the Worcester Common by permitting hot dog and other vendors to sell their food and merchandise there on a regular basis. (Rosen, Bergman, Rivera)

Attachments

Order adopted

 

11c.

Request City Manager report to City Council and its Standing Committee on Youth, Parks and Recreation concerning what progress is being made to increase the number of rectangular fields in the city. (Rosen)

Attachments

Order adopted

 

11d.

Request City Manager report to City Council concerning the state of the Comcast-Time Warner Cable mega-merger which, if approved by the FCC and the United States Department of Justice, is expected to have a pronounced effect on cable TV, inter-net and phone service in Worcester. (Rosen)

Attachments

Order adopted

 

11e.

Request City Manager report to City Council concerning the success and future of the pilot program used in certain areas of the city where residents have put their recyclables curbside in clear plastic bags. (Rosen)

Attachments

Order adopted

 

11f.

Request City Manager report to City Council concerning the extent to which the popular weed-killer and probable carcinogen, Roundup (glyphosate), is used in city parks and properties. (Rosen)

Attachments

Order adopted

 

11g.

Request City Manager involve the Shephard King group in a review of any bid proposals for the 5 May Street property. (Rivera)

Attachments

Order adopted

 

11h.

Request City Manager request the Commissioner of Public Works & Parks review the traffic flow patterns in the area bounded by Hammond, Main, Southbridge and Gardner Streets and make recommendations to alleviate problems caused by tractor trailer trucks in the aforementioned area. (Rivera)

Attachments

Order adopted

 

11i.

Request City Manager request the City Solicitor and Commissioner of Public Works and Parks report to City Council concerning the status of any City of Worcester Ordinances/Regulations and or Policies addressing trash and recycle collections in townhouse and or condominium developments that are on "street grids" and the feasibility of doing so. (Economou, Bergman)

Attachments

Order adopted

 

11j.

Request City Manager request the Office of Economic Development update the City Council as to what level of apartments, especially in the core of the City, would be considered a saturation point. (Economou, Bergman)

Attachments

Order adopted

 

11k.

Request City Manager request Assistant Commissioner of Parks, Recreation and Cemetery report to City Council the costs to the City of acts of vandalism during the fiscal years 2013 and 2014. (Bergman)

Attachments

Order adopted

 

11l.

Request City Manager request the Chief Financial Officer report to City Council as to the decision of the Department of Revenue on an Agreement between Joseph Tortorelli, and the City of Worcester, dated October 24, 2006, and an application with the Department of Revenue for a waiver of interest on real estate tax payments. (Bergman)

Attachments

Order adopted

 

11m.

Request City Manager submit a report listing all city owned properties, excluding school facilities and parks, and listing buildings if any located on the parcels, any and all leases and revenues from the leases or rentals, listing tenants, leasees if different, in occupation of the properties, rental payments and arrearages and protocol and costs for maintenance of the properties. (Lukes)

Attachments

Order read and Councilor Lukes moved to amend to include security for the properties. Order adopted as amended

 

11n.

Request City Manager report on any savings which would result from job and salary freezes in the next budget including savings from such freezes in the city enterprise accounts. (Lukes)

Attachments

Referred to Finance Committee

 

11o.

Request City Manager communicate with National Grid regarding lack of consistent service in the neighborhoods bound by Forest St. and Ardmore Rd. and the cause and timeline for repairs. (Lukes)

Attachments

Order adopted

 

11p.

Request City Manager consider establishing a pilot program for the collection of sharps that are improperly disposed at Castle Park. (Palmieri)

Attachments

Councilor Palmieri moved to amend to include Councilor Rivera as an author of the Order. Order adopted as amended

 

11q.

Request City Manager provide City Council with an update for the potential Fire Fighters Museum at Union Station. (Palmieri)

Attachments

Order adopted

 

11r.

Request the Standing Committee on Public Safety conduct a public hearing concerning the public safety and public nuisance issue of ATVs and other off-road vehicles proliferating across the city. (Palmieri)

Attachments

Referred to Public Safety Committee

 

12.

COMMUNICATIONS

12a.

Sarah Benoit, Amec Foster Wheeler Environment & Infrastructure, Inc., transmitting for CSX Transportation, Inc. its 2015 Yearly Operational Plan (YOP) for Right-of-Way (ROW) Management.

Attachments

Placed on file

 

12b.

Edward M. Augustus, Jr., City Manager, transmitting informational communication relative to the recognition of volunteers in the City of Worcester.

Attachments

Placed on file

 

12c.

Edward M. Augustus, Jr., City Manager, recommend that One Million Eight Hundred Thirty Thousand Eight Hundred Twenty Two Dollars And Eleven Cents ($1,830,822.11) be transferred from various CDBG accounts, and be appropriated to various CDBG accounts, to provide funding for an anticipated Gardner Kilby Hammond Debt Service Section 108 Loan payment.

Attachments

Order adopted on a roll call vote of 11 Yeas and 0 Nays

 

13.

REPORTS OF THE COMMITTEE ON ECONOMIC DEVELOPMENT

13a.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommend adoption of an order to amend the existing District Improvement Financing Program and to amend the CitySquare Project Permit Fees Ordinance: recommend adoption of the accompanying Order and passage of the accompanying proposed Ordinance.

Attachments

Order adopted and Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

14.

REPORTS OF THE COMMITTEE ON FINANCE

14a.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting unaudited financial reports on the budgetary basis for results of operations in fiscal 2014 for the General and Enterprise Funds (Schedules A through B). Also transmitting summaries of the activities in the Special Revenue, Capital Project and Trust Funds (Schedule C): Recommend Communication be place on file.

Attachments

Accepted

 

14b.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting reports on compliance and internal controls received from the Certified Public Accounting firm of CliftonLarsenAllen, LLP for the year ended June 30, 2014 which include the GAO and OMB A-133 Reports and the Management Letter: recommend Communication be placed on file.

Attachments

Accepted

 

14c.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting financial statements of the Worcester Redevelopment Authority (WRA) for the six month period ended December 31, 2014: recommend Communication be placed on file.

Attachments

Accepted

 

14d.

REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Auditor transmitting financial reports on a budgetary basis for results of operations for the General and Enterprise Funds (Schedules A through B) for the six months ended December 31, 2014: recommend the Communication be placed on file.

Attachments

Accepted

 

15.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

15a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Walter Marszalek et al request resident permit parking for upper portions of Marsh Ave., Green Hill Ave., and Bates Ave. which are neighborhood streets abutting Green Hill Municipal Golf Course: recommend passage of the three (3) accompanying proposed Ordinances to provide for resident permit parking on Bates Avenue, Green Hill Avenue, and Marsh Avenue adjacent to Green Hill Golf Course.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Linda Wyman request the handicap parking space at 47 Ellsworth St. be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Terry Casamasina request handicap parking space across from 16 Jefferson St. be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kathy Edmonds request installation of a handicap parking space in front of 486 Park Ave: recommend passage of the accompanying proposed Ordinance to provide handicap parking on the north side of Fern Street adjacent to 488 Park Avenue.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Jonathan Marien, Community Advocate of NeighborWorks Homeownership Center of Central Mass, request installation of handicap parking space in front of 138 Green St." recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cesareo Cortes request installation of a handicap parking space in front of 6 Sterling St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Concepcion Cruz request installation of one handicap parking space in front of 15 Benefit St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor George J. Russell on behalf of Patrick Donahue request to expand by approximately 40 feet the existing No Parking area on the odd side of Crowningshield Rd. due to congestion in the area where school children walk: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

15i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri on behalf of Alberto Rivera request commercial loading zone in front of 781 Main St. be changed to 15 minute parking: recommend passage of the accompanying proposed Ordinance and adoption of the accompanying Order.

Attachments

Order adopted and Voted to advertise the proposed Ordinance on a roll call vote of 11 Yeas and 0 Nays

 

16.

TABLED ITEMS

16a.

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

 

16b.

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

 

16c.

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

 

16d.

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

 

16e.

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

 

16f.

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

 

16g.

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

 

16h.

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

 

16i.

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

 

16j.

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

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES

17a.

Motion Lukes @ #11A CC – Request City Manager provide City Council with any research available as to multiple year budget cycles for municipalities.

Attachments

Order adopted

 

17b.

Motion Toomey @ #11b CC – Request City Manager work with Citizen Advisory Council to come up with a list of vendors desired by the public to be on the Common.

Attachments

Order adopted

 

17c.

Motion Palmieri @ #11i CC – Request City Manager meet with representatives of all condo associations to learn their costs for trash and recycle collection and report the financial costs and impact of including them within the city's current trash and recycle collection system.

Attachments

Order adopted

 

17d.

Motion Lukes @ #12c CC – Request City Manager report to City Council any and all outstanding Section 108 loan obligations and what are their amounts.

Attachments

Order adopted

 

17e.

PETITION – Councilor Tony Economou request installation of crosswalk lights in Salisbury St. and Monadnock Rd., in the interest of public safety.

Attachments

Referred to Traffic and Parking Committee

 

17f.

PETITION – Councilor Tony Economou on behalf of Maureen McNamara request pipe sticking up through sidewalk on the Bristol St. side of 497 Burncoat St. be removed.

Attachments

Referred to Public Works Committee

 

17g.

Motions Toomey – Suspension of Rules – Request City Manager work with Commissioner of Public Works and Parks to identify areas in the City that should be priority plowing areas, specifically focusing on handicap parking spaces and bus stops.

Attachments

Order adopted

 

17h.

Motion Palmieri – Suspension of Rules – Request City Manager request the company that is cutting down trees infected by the Asian Longhorned Beetle in the areas surrounding Lincoln St. and Wakefield St. to make the area as clean and presentable as possible.

Attachments

Order adopted

 

17i.

Motion Bergman – Suspension of Rules – Request Mayor communicate City Council’s support for funding Canal District Improvements within the State legislative budget.

Not Put (City Manager Augustus explained that there was no need for an additional endorsement by City Council)