CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 17, 2016

Esther Howland Chamber

Convened: 7:17 P.M.

Recessed: 8:32 P.M. Reconvened: 9:26 P.M. Adjourned: 9:52 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
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

2.

ROLL CALL - All present with the Mayor as chair except for Councilors Lukes and Toomey. Councilor Lukes arrived at 7:22 P.M. and Councilor Toomey arrived at 7:29 P.M.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

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 3, 2016.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Gordon Davis, Worcester resident
2. David Balian, Worcester resident
3. Angie Bilotta, Worcester resident
4. Jeanette Coyle, Worcester resident
5. Idella Hazard, Worcester resident
6. Mauro DePasquale, Worcester resident
7. Jane Pastore, Worcester resident
8. Philip Palmieri, Worcester resident
9. Jo Hart, Worcester resident
10. Barbara Lucci, Worcester resident
11. Florence Lucci, Worcester resident
12. Jean Poker, Worcester resident
13. Lynn Raffa, Worcester resident

 

6.

HEARING & ORDER

6a.

Hearing: NATIONAL GRID for a conduit and charging station location at: HAWTHORNE ST. Granting permission to NATIONAL GRID for a conduit and charging station location at: HAWTHORNE ST.

Attachments

Hearing Held & Order adopted

 

7.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

7a.

Councilor Candy Mero-Carlson on behalf of James Laprade request installation of a "No Dumping" sign at the end of Ancona Rd.

Attachments

Referred to Public Works Committee

 

7b.

Gabriel Alvarez request installation of a handicap parking space across from 50 Everard St.

Attachments

Referred to Traffic and Parking Committee

 

7c.

Thomas Levis et all request parking be prohibited on the east side of Lincoln St. from the Shattuck St. to Shaffner St.

Attachments

Referred to Traffic and Parking Committee

 

7d.

Councilor Candy Mero-Carlson request repainting of solid yellow lines on Belmont St. in front of Belmont St. School.

Attachments

Referred to Traffic and Parking Committee

 

7e.

Councilor Candy Mero-Carlson request traffic lines at intersection of Salisbury St. and Grove St. be repainted.

Attachments

Referred to Traffic and Parking Committee

 

7f.

LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: FRANKLIN ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7g.

LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: CHANDLER ST. AT MAY ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7h.

LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: PROSPECT ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7i.

LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: KENDALL ST. AT HOOPER ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7j.

LIGHT TOWER FIBER NETWORKS, LLC for a communication conduit location at: MAY STREET

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7k.

LIGHTOWER FIBER NETWORKS, LLC for a communication conduit location at: WAVERLY ST./PROVIDENCE ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7l.

LIGHTOWER FIBER NETWORKS LLC for a communication conduit location at: COPLEY RD./COOLIDGE RD./COOMBS RD.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7m.

NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a jointly-owned pole location at: BRIDLE PATH

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7n.

NATIONAL GRID & VERIZON NEW ENGLAND, INC for a jointly-owned pole location at: YUKON AVE.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7o.

EVERSOURCE for a gas main location at: MAIN ST.

Attachments

Hearing set for May 24, 2016 at 7:00 PM

 

7p.

William S. Coleman, III request City Council consider holding five two-hour Town Hall District listening sessions sponsored by each district Councilor in their respective districts, and then provide a report to City Manager Edward M. Augustus, Jr. on the concerns expressed by the public.

Attachments

Petitioner spoke and Placed on file

 

7q.

Gordon Davis request the City of Worcester adopt a policy of releasing to the public investigations of racial incident involving City employees.

Attachments

Petitioner spoke during Public Participation and Placed on file

 

8.

ORDERS

8a.

About May 6th, the Department of Public Works and Parks posted notices in the area of Plantation St. that the streets would be swept. On May 7th, the Department of Public Works and Parks sent out a text to residents in the area that the street sweeping would be conducted on May 10th. On May 9th, the Department of Public Works and Parks ticketed and towed vehicles on and around Plantation St., request City Manager provide City Council with an explanation regarding the management of the Department of Public Works and Parks' services and a proposal on how to resolve the outstanding fines and/or towing fees. (Gaffney)

Attachments

Placed on file

 

8b.

Request City Manager review the current ceiling on bonding for Capital budget to reflect current historically low interest rates and provide City Council with information as to whether some proposed budgeted items may be moved to Capital budget without changing repayment obligations because of lower rates. Further, request City Manager include in said report how this may reduce current obligations of the taxpayers. (Russell)

Attachments

Order adopted

 

8c.

Request City Manager submit to City Council an amended demolition delay ordinance extending the delay for demolition from 12 months to 18 months. (Lukes)

Attachments

Order adopted

 

8d.

Request City Manager report on the process to establish a local historic district, specifically at the site of Mt. Carmel Church, and the benefits and consequences of being located in a historic district. (Lukes)

Attachments

Order adopted

 

8e.

Request City Manager consider transferring the Homelessness Division within the table of organization for the Department of Economic Development to the Department of Public Health. (Rivera)

Attachments

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

 

8f.

Request City Manager reach out to Verizon to make inquiries regarding expansion of FIOS into Worcester in light of their recent investment in Boston. (Petty)

Attachments

Mayor Petty moved to Table the Item. Tabled - Petty

 

8g.

In Accordance with City Council Rules 52, Request City Council to discharge from the Standing Committee on Rules and Legislative Affairs Committee the item referred to committee on March 24, 2015 regarding an Order of Councilor Morris A. Bergman and Councilor Tony Economou requesting City Manager request the City Solicitor draft a Home Rule Petition forthwith with the following language to be presented to the City Council for a vote in April 2015: Notwithstanding the provisions of section three of chapter forty A of the General Laws, the city of Worcester is hereby authorized to regulate and restrict the use of land or structures for religious purposes and/or for educational purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation within all residentially zoned districts. (Bergman, Economou)

Attachments

Councilor Bergman moved to Withdraw the Item. Leave to withdraw

 

9.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

9a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Quincy Hershey request installation of stop sign at the intersection of Digregorio Dr. and Trenton St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of James Generelli Jr. request installation of handicap parking in front of 14 Clarendon St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Nathalie Sotiropoulos request installation of a handicap parking space in front of 19 Huntington Ave.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Steven Stella request installation of a handicap parking space on the Carlstad St. side of 43 Kosta St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Madieros and Mary Mooshagian request installation of two (2) handicap parking spaces in front of 68 Amherst St.: recommend passage of the accompanying proposed Ordinance to install one (1) handicap parking space in front of 68 Amherst St.

Attachments

Voted to advertise proposed ordinance

 

9f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera on behalf of Nestor Chevalier request installation of a handicap parking space in front of 21 Woodland St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas D. Warren request installation of "No Parking" signs in front of 1025 Millbury St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Donna Warshaw Executive Director Worcester East Side CDC on behalf of the Guild of St. Agnes request the removal of No Parking along the property line of 336 Hamilton St. and Ernest Ave. and allow parking: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of David Branagan request "No Parking" on the north side of Dorchester St. between Vernon St. and Ward St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

9j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou and Councilor Candy Mero-Carlson on behalf of Dana Pici request installation of 30 minute parking on the southerly side of Huntington Ave. between the hours of 8am and 7pm.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

10.

TO BE ORDAINED

10a.

Amending Chapter Fourteen, Section 11b of the Revised Ordinances Relative to the Mobile Food Truck Pilot Program.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

10b.

Amending Chapter 5 Section 2 and Chapter 5 Section 6 of the Revised Ordinances of 2008 relative to Sewer Permits and Capacity Fees.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

10c.

Amending Chapter 5, Section 26 of the Revised Ordinances of 2008 relative to Sewer User Charge (FY 2017).

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

11.

TABLED UNDER PRIVILEGE

11a.

COMMUNICATION of Susan M. Ledoux, City Clerk, transmitting communication recommending the appointment of Stephen Andrew James Pottle as Assistant City Clerk. (Tabled Under Privilege - Russell May 10, 2016)

Attachments

Councilor Lukes moved to Table the Item Under Privilege for a second time. Motion approved on a roll call vote of 7 Yeas and 4 Nay (Yeas - Bergman, Economou, Gaffney, King, Lukes, Mero-Carlson, Russell) (Nays - Rivera, Rosen, Toomey, Petty) Tabled Under Privilege - Lukes

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

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

 

12h.

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

 

12i.

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

 

12j.

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

 

12k.

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016) (Tabled - Petty February 2, 2016)

Attachments

No action taken

 

12l.

PETITION of Denise Healey request removal of granite borders placed by the City onto private properties on Plantation St., and placed instead in a City park. (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

12m.

PETITION of Denise Healey request removal of large planters clumped together on Plantation St. (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

12n.

PETITION of Denise Healey request the targeted second "makeover" of Shrewsbury St. be placed on hold until other city streets have had their first "makeover". (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

13.

BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the May 10, 2016 City Council meeting.

13a.

ORDER of Councilor Konstantina B. Lukes request City Manager provide City Council with a list of all new position slots, the salaries of those positions and a list of all current unfilled budgeted slots. – Item #13a Order adopted

 

13b.

ORDER of Mayor Joseph M. Petty request City Council amend the City Council Schedule for June 14, 2016 to begin the City Council meeting at 4:15 P.M. for a public hearing regarding the proposed Downtown Urban Revitalization Plan. – Item #13b Order adopted

 

13c.

ORDER of Councilor Michael T. Gaffney request City Manager provide City Council with the accounting information concerning the Department of Public Works and Parks’ snow operations. – Item #13c Order adopted

 

14.

NEW BUSINESS UNDER SUSPENSION - Items brought forth under suspension at the May 17, 2016 City Council meeting.

14a.

Motion Lukes @ #8b CC – Request City Manager provide City Council with a legal opinion as to whether the City can borrow to fund operations.

Attachments

Order adopted

 

14b.

Motion King @ #8g CC – Request City Clerk provide City Council with a report concerning inconsistencies between the minutes and the video of the Standing Committee on Rules and Legislative Affairs Committee meeting on July 20, 2015.

Attachments

Order adopted

 

14c.

Motion Lukes @ #11a CC – Request City Manager provide City Council with a report outlining the role City Council has in employing the staff of the City Auditor and City Clerk.

Attachments

Order adopted

 

14d.

Motion Rivera – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks replace both the “One Way” sign and the street name sign at the corner of William St. and Somerset St.

Attachments

Order adopted