CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 20, 2016

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 9:34 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

MOMENT OF SILENCE for former State Senator and State Representative Vite Pigaga, who passed away September 14, 2016 at the age of 88 and for the secretary of former Mayor Jordan Levy, Maureen Duffy, who passed away September 13, 2016 at the age of 70.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of September 6, 2016.

Gregory Lano, Managing Partner of Chandler 128 Associates, LLC request to extend the Commercial Corridors Overlay District (CCOD) to fully encompass the entire parcel at 128 Chandler St.

Jodi Contonio request installation of a street light at the dead end of Willow St.

Edmund and Teresa Presz et al request Cargill Ave. from Vernon St to Strathmore Rd. be repaved.

Councilor Gary Rosen on behalf of Dimitrios Ptohos request the guardrail near the intersection of Vesper St. and High Ridge Rd. be repaired.

Councilor Candy Mero-Carlson on behalf of Chet DiLeo request the entrance to Trinity Ave. from 2 Trinity Ave. to 8 Trinity Ave. be resurfaced.

Councilor Candy Mero-Carlson on behalf of Chet DiLeo request the section of Trinity Ave. from 63 Trinity Ave. to 69 Trinity Ave. be resurfaced.

Councilor Candy Mero-Carlson on behalf of Chet DiLeo request the entrance to Colby Ave. from 1 Colby Ave. to 9 Colby Ave. be resurfaced.

Councilor Candy Mero-Carlson request Hooper St. be repaved.

Councilor Candy Mero-Carlson request Mount Vernon St. be repaved.

Councilor Candy Mero-Carlson request sidewalk repair in front of 25 and 27 Kendall St.

Councilor Candy Mero-Carlson request sidewalk repair in front of 178 Russell St.

Jodi Contonio request installation of a permanent winter parking ban on both sides of Willow St.

Patricia Ribeiro request removal of the handicap parking space across from 39 Wall St.

Russell Haims request removal of resident permit parking on the north side of Marston Way in front of 7 Marston Way.

Russell Haims request removal of resident permit parking on the east side of Sever St. from Marston Way to Dayton St.

Councilor George J. Russell on behalf of Joe Ledoux request installation of Stop Sign in Warner Ave. at Roath St. and/or install “No Parking Anytime” on the right side of Warner Ave. where it intersects with Roath St. to allow an unobstructed view when entering Warner Ave.

Councilor George J. Russell on behalf of the residents of Upsala Street Elder Apartments request signage bringing drivers' attention to the driveway of 36 Upsala St.

Councilor George J. Russell on behalf of Larry Flowers request installation of a handicap parking space in front of 110 Farrar Ave.

Hana Lasell request speed calming measures be taken in Ruth St. and the surrounding streets of Van St. and Underwood St. including the reduction of the speed limit on said streets to 15 MPH, the installation of speed bumps and signs alerting motorists to the presence of children in the area.

Michelle Medeiros request installation of resident permit parking in Sterling St. between Harlem St. and Fairfax Rd., both sides, twenty four (24) hours a day and seven (7) days a week.

EVERSOURCE for a gas main location at: WESTBOROUGH ST.

Gordon Davis request the City owned property on the northwest corner of Lake Ave. and Sunderland Rd. be sold as soon as possible to an entity that will remove the hazardous conditions and return the property to the tax rolls.

Jo Hart request City Council make any motion to take an item off the table one meeting before it does so, so the public can speak on that item, in the interest of public fairness since the item may be older and circumstances may have changed.

Jo Hart request City of Worcester hold a heavily publicized public forum at City Hall (not a City Council standing-committee meeting) to explore and examine the benefits of public fairness in reference to changing the current form of its government by charter, to make its government more accountable and more open to the public, especially for the fairness of the public to speak more openly on important interests.

Transmitting informational communications relative to the next Opportunities Fairs scheduled to be held at the Worcester Senior Center on September 28th from 5pm - 7pm and October 1st from 10am - 11:30am.

Recommend adoption of a salary ordinance amendment to create the position of Winter Operations Coordinator, when assigned.Refer to CCM Item 7.7A

Transmitting informational communication relative to the Fall 2016 Household Hazardous Waste Collection Event.

Transmitting informational communication relative to the Worcester - EPA Agreement.

Transmitting communication and PowerPoint presentation relative to the Winter Program operations.Refer to CCM Item 7.3B

Transmitting informational communication relative to a legal opinion regarding whether government agencies may govern the use of public properties for private purposes.

Transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts.

Recommend that One Hundred Forty Five Thousand Nine Hundred Forty Nine Dollars And Twenty Three Cents ($145,949.23) be transferred from Account #91C7114B, WPS Building Rehab, to Account #50C704, School Rehab, to transfer unexpanded funds previously issued for a project that is now complete. Recommend Eleven Thousand Thirty Dollars And Seventy Eight Cents ($11,030.78) be transferred from Account #91C780E, School Capital Equipment, to Account #50C702, School Equipment, to make payments towards current and future obligations.

I respectfully recommend that Seven Thousand Four Hundred and Seventy-Five Dollars and No Cents ($7,475.00) be transferred from Account # 91C780H, Library Capital Equipment, to Account # 55C701, Library Equipment.

Recommend adoption of a resolution to apply for, accept and expend funds from Commonwealth Corporation's YouthWorks FY16-17 Year-Round Jobs for Youth Placed at Risk Program for an amount of Sixty Five Thousand Nine Hundred Sixty Eight Dollars and No Cents ($65,968.00).

Recommend adoption of a resolution to apply for, accept and expend funds for the continued operations of the Childhood Lead Poisoning Prevention Program in the amount of Forty Two Thousand Seven Hundred Seven Dollars and No Cents ($42,707.00)

Recommend adoption of a resolution to accept and expend funds from a grant in the amount of up to Four Million Five Hundred Thousand Dollars and No Cents ($4,500,000.00) from the Commonwealth of Massachusetts Executive Office of Housing and Economic Development 2016 Massworks Infrastructure Program.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 67 Cohasset Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 266 Burncoat Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 125 Plantation Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 50 Everard Street in the vicinity of 17 Vinson Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 101 Sterling Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Doyle Street across from 36 Mountain Street East.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 4 View Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 149 Providence Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to amend meters on Pearl Street. Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind “No Parking Anytime” on Pearl Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to amend “No Parking Anytime” on the north side of Reservoir Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to amend “No Parking Anytime” on Crowningshield Road.

ORDER of Councilor Konstantina B. Lukes - Request City Manager report on process for selection of murals in the city pursuant to the PowWow Worcester event, including the funding and funding sources, what type of juried process was followed, whether a further event with the same selection process will be held, how the participating artists were selected, the address of the artists, what payments were made for the benefit of artists, why more local artists did not participate, and what kind of outreach to the public, property owners and art community was followed, how long will the murals be shown and what kind and cost of maintenance is planned. (Tabled Under Privilege - Lukes September 13, 2016)

CHAIRMAN'S ORDER from the Committee on Public Health and Human Services - Request City Manager provide City Council with a report detailing what a sanction site is and what it would take to have one in the City. Further, request City Manager provide in said report the pros and cons that sanction sites have in dealing with encampment issues. (Tabled Under Privilege - Lukes September 13, 2016)

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)

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

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)

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)

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)

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)

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 and Tabled - Petty February 2, 2016)

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)

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

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)

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

ORDER of Councilor Konstantina B. Lukes – Request City Council amend the Wage Theft Ordinance to eliminate the words, “goods,” and, “services,” in Section 1 Subsection L – Item #14a Order denied on a roll call vote of 2 Yeas and 9 Nays.

ORDER of Councilor Konstantina B. Lukes – Request City Council amend the Wage Theft Ordinance to replace all references to a “three year” period of time and a “two year” period of time with a “one year” period of time. – Item #14b Order denied on a roll call vote of 1 Yea and 10 Nays.

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion concerning how the Federal Fair Housing Act interacts with nonprofit organizations being exempt from zoning laws. – Item #14c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor review the issue of additional compensation in the form of increased local aid to a city because of the nonprofits located there. – Item #14d Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor prepare a Home Rule Petition, if possible, to allow for the connection of the sewer disposal system at 32 Zenith Dr. to the City’s sewer system. – Item #14e Order adopted

ORDER of Councilor George J. Russell – Request City Manager waive connection charges when the sewer disposal system at 32 Zenith Dr. is connected to the City’s sewer system. – Item #14f Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager explore the option and concept of “Swap Shops,” where residents could drop off unwanted items, which could then be picked up by other residents in the community. – Item #14g Order adopted

PETITION of Councilor Sarai Rivera on behalf of the residents of Tirrell St. request installation of a speed limit sign in Tirrell St. – Item #14h Referred to Traffic and Parking Committee

ORDER of Councilor Tony Economou – Request City Manager request Commissioner of Public Works and Parks trim back the overgrowth along Chester St. and West Chester St., in the interest of public safety. – Item #14i Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Commissioner of Public Works and Parks trim back the overgrowth along the intersection of Lake Ave. and Sunderland Rd. – Item #14j Order adopted

Motion Lukes @ #7.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning what GPS technologies and applications are available to aid snow operations.

Motion Toomey @ #7.7A CM – Request City Manager provide a map of all the state plowed roads in Worcester on the City’s website.

Motion Toomey @ #7.7A CM – Request City Manager provide a map of all roads that are pretreated for snow operations on the City’s website.

Motion Toomey @ #7.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a progress report after the first major snow storm of the season indicating how the new snow operations plan worked.

Motion Toomey @ #7.7A CM – Request City Manager advertise a program where residents can volunteer to help others with shoveling.

Motion Toomey @ 7.7A CM – Request City Manager request Commissioner of Public Works and Parks provide City Council with a cost benefit analysis concerning what the City does and does not do in relation to treating snow packing.

Motion Economou @ #7.7A CM – Request City Manager work with the Worcester Housing Authority’s Better Life Program to see if any individuals in the program qualify for snow operation work in the City.

Motion Russell @ #7.5A CM – Request City Manager distribute a PDF of the flyer for the Fall 2016 Household Hazardous Waste Collection Event to the City Council.