CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, September 27, 2016

Esther Howland Chamber

Convened: 7:03 P.M.

Recessed to Executive Session: 8:13 P.M. Reconvened into Open Session on October 4, 2016: 7:34 P.M. Ajourned the Sept. 27, 2019 meeting on Oct 4, 2016 at 7:35 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 September 13, 2016.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Stuart Loosemore, Leicester resident
3. John Provost, Worcester resident
4. Jim Delany, Worcester resident

Hearing: EVERSOURCE for a gas main location at: WESTBOROUGH ST. Granting permission to EVERSOURCE for a gas main location at: WESTBOROUGH ST.

ORDER of Councilor Candy Mero-Carlson, as Chair of the City Council Standing Committee on Municipal Operations and in accordance with Rule 33 of the Rules of City Council, request City Council suspend its rules to take up for consideration as a reasonably anticipated item the Report of the Committee on Municipal Operations Upon the Chairman's Order from Municipal Operations Committee - Request City Council consider initiating negotiations with the current City Manager for an employment contract extension for the period October 4, 2017 though October 3, 2020, item #14a CC on the City Council agenda for January 12, 2016.

Darrell Waller request Perkins St. from Lincoln St. to Paine St. be repaved.

Mexhite Beqiri request sidewalk repair in front of 33 Tatman St.

Joseph Chabot et al request installation of stop signs in Paris Ave. facing both directions of its intersection with Wescott St.

Joseph Chabot et al request installation of speed limit signs in Paris Ave.

Sherry Dupuis request removal of the handicap parking space in front of 17 Dryden St.

Paula Rutherford request installation of a handicap parking space in front of 11 Olga Ave.

Councilor George J. Russell request trucks of large weight capacity be restricted from using Hamilton St.

Councilor George J. Russell request large trucks be restricted from using Plantation St., between Grafton St. and Hamilton St.

Kathleen and Kevin Provencher request installation of "No Standing Between Signs" or "Do Not Block Driveway - Private Property" signs at 7 Greenleaf Terrace where the driveway abuts Midland St. School.

Paul Washington request installation of handicap parking space in front of 46 William St.

LIGHTOWER FIBER NETWORKS LLC for conduit location at: RESEARCH DR.

Paul Esteve request an exception be made to allow college students residing in the City with vehicles registered out of state to qualify for resident permit parking passes.

Jo Hart request City of Worcester immediately set up and act on regulations for taking over any suitable or unsuitable city-owned building for an immediate city shelter for anyone, run on the earlier premise of the former PIP shelter, but now called, "No questions asked."

Jo Hart request City Council and the City Manager publicly work together to separate and clarify which office is responsible for what city issues and disclose in a public meeting what it decides.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager trace funds raised due to the increase in dog licensing fees directly into an account dedicated to dogs and dog park spending.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Clerk consider instituting a grace period allowing people who have not registered their dogs time to do so without being charged a late fee due to the increase in fees.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request Commissioner of Public Works and Parks consider dog parks in the following four locations: Boynton Park, Crompton Park, North Lake Avenue at Coalmine Brook and 149 West Boylston Drive.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request Commissioner of Public Works and Parks consider having one “Friends of Worcester Dog Parks” group for each of the dog parks that are opened, as opposed to one group that oversees all dog parks.

Request City Manager request Commissioner of Public Works and Parks provide City Council with a report concerning all possible legal ways to limit or prohibit CSX truck traffic from Grafton Hill. (Russell)

Request City Manager install new signage at the Chandler St. parking spaces in front of the Jesse Burkett Little League field to insure that those spaces get maximum use throughout the year by the baseball league, park patrons, and area students and school visitors. (Rosen, Lukes)

Request City Manager provide City Council with a report concerning the customer journey and cycle time in the process flow from complaint to resolution with the Department of Public Works and Parks. (Gaffney)

Request City Manager request the Assistant Commissioner of Parks, Recreation and Cemetery to submit for City Council's consideration a dog park in the Main South Worcester area. (King)

Stephen Rolle, Assistant Chief Development Officer, transmitting a Communication relative to the vote of the Planning Board at their meeting of July 15, 2009 to recommend Newburn Rd. be made public with a "Priority 1," designation.

Edward M. Augustus, Jr., City Manager, requesting an Executive Session of the City Council be held at 6:00 PM on October 4, 2016 to discuss strategy with respect to litigation in the matter of Fargo Management LLC v. City of Worcester.

Edward M. Augustus, Jr., City Manager, recommending City Council’s adoption of the attached Salary Ordinance Amendment in order to bring the ordinance into compliance with the approved FY17 Budget and as previously voted by the Board of Election Commissioners.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending adoption of a resolution to file an application to designate 25 Southgate Street and 17 Southgate Place as a Certified Project and approve a Tax Increment Financing Plan for the property: recommend adoption of the accompanying resolution.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager recommending adoption of a resolution to file an application to designate 65 Armory Street as a Certified Project and approve a Tax Increment Financing Plan for the property: recommend adoption of the accompanying resolution.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of John Kallas et al request Norton St. from Paine St. to the end at 18 Norton St. be made public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Communication of the City Manager relative to the discontinuance of a portion of Bergin Lane as a public way: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Guertin request sidewalk repair from 134 Southbridge St., Guertin Graphics, to 158 Southbridge St., George's Coney Island: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request sidewalk repair at 7 Baker St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carole Cronin request to replace the cement sidewalk sections in front of 38 Park Terrace Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Brian Hendrickx request sidewalk repair in front of 31 Tatman St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell on behalf of Nancy Sullivan request sidewalk repair between the Rand Whitney Co. on Agrand St. and 221 Greenwood St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Carole Penny request sidewalks be repaired on Massasoit Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Greg and Jeny Gangemi request sidewalk repair in front of 28 Monadnock Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of David Sequeira et al request sidewalk repair in front of 12 and 14 Stowell Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Ron Fraser request sidewalk repair in front of 12 Whitman Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of the residents at 14 and 16 Saxon Rd. request sidewalk repair in front of 14 and 16 Saxon Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Greg Sullivan and Robert Cronin request sidewalk repair in front of 6-10 Ivernia Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Luz Maria Diaz request sidewalk repair in front of 19 Norrback Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Samir Tokatli request sidewalk repair in front of 20 Rosewood Dr.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Francine Melanson request sidewalk repair in front of 15 Ardmore Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Angela Moore request sidewalk repair in front of 158 King Philip Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of William and Joan Ekberg request sidewalk repair in front of 32 Burncoat Terrace: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kelton Petrollari request sidewalk repair in front of 266 Burncoat St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Therese Robert request the road in front of the driveway at 127 West St. be repaired: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell request sidewalks in Barclay St. from Grafton St. to Harrison St. be repaired: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Khrystian E. King on behalf of Louise Jachimczyk request sidewalk repair in front of 66 Ward St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request sidewalk repair in Bay State Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen on behalf of Maryann Ettis request sidewalk resurfacing at 8 Glenbrook Ln.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson on behalf of Valerie Gardner request sidewalk resurfacing for 9 Burncoat Terrace: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson on behalf of Nancy Leary request resurfacing of the existing sidewalk on the east side of Villa Nova St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of William Marks Sr. request sidewalk & stairway repair in front of 3 Frederick St., which was caused from a water main leak and weather related issues: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Norberto Hernandez et al request sidewalk repair from 12 to 16 Rittenhouse Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Casey Wall request sidewalk repair in front of 990 Pleasant St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Keith Puleo request sidewalk resurfacing from in front of 101 Bay State Rd. to 105 Bay State Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mark and Lisa Holland et al request sidewalk resurfacing in Laconia Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Locust St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Hooper St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Dartmouth St. be repaved: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson on behalf of Marie Perrone request Emerson St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dolores and Robert Bourn request installation of a catch basin in front of 31 Amanola Ave.: 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 Construction Progress Report for the month ending April 30, 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Construction Progress Report for the month ending May 31, 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Construction Progress Report for the month ending June 30, 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Construction Progress Report for the month ending July 31, 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of January 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of February 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of March 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the Month of April 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to the Keep Worcester Clean (KWC) Activity Report for the month of May 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager Transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the month of June 2016: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request sidewalk resurfacing for Rodney St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey and Councilor Candy Mero-Carlson on behalf of the residents of Paradox Dr. request sidewalk resurfacing in Paradox Dr.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Frederick C. Rushton request sidewalk repair in front of 21 Franconia St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Santa Mercado request installation of handicap accessible sidewalk ramp in front of 1 Spaulding St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Janice Boss request to install sidewalks on the even side of Greenwood St. from #246 to Route 20: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson on behalf of James Laprade request installation of a "No Dumping" sign at the end of Ancona Rd.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Debora Spano on behalf of UMass Memorial Health Care request the City to allow UMass Memorial Medical Center to create walking paths for their employees and visitors on/around the Memorial and Hahneman campuses. Routes would be indicated by blue sneaker/footprints (one foot tall) stenciled onto the sidewalks, some of which are actually city property: recommend Petition be denied.

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 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 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. – Item #12a Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide a map of all the state plowed roads in Worcester on the City’s website. – Item #12b Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide a map of all roads that are pretreated for snow operations on the City’s website. – Item #12c Order adopted

ORDER of Councilor Kathleen M. Toomey – 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. – Item #12d Order adopted

ORDER of Councilor Kathleen M. Toomey – Request City Manager advertise a program where residents can volunteer to help others with shoveling. – Item #12e Order adopted

ORDER of Councilor Kathleen M. Toomey – 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. – Item #12f Order adopted

ORDER of Councilor Tony Economou – 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. – Item #12g Order adopted

ORDER of Councilor George J. Russell – Request City Manager distribute a PDF of the flyer for the Fall 2016 Household Hazardous Waste Collection Event to the City Council. – Item #12h Order adopted

Motion Lukes @ #10a CC – Request City Manager request City Solicitor provide City Council with a legal opinion concerning what authority the City has over penalizing CSX’s drivers and how the City determines which drivers are affiliated with CSX. Further, request City Manager request City Solicitor include in said report whether prohibiting truck traffic in Grafton Hill will affect all truck drivers or just CSX drivers.

PETITION – Councilor Tony Economou on behalf of Peter Capsalis request painting of dividing lines in Leslie Rd.

PETITION – Councilor Tony Economou on behalf of Peter Capsalis request stop lines be painted in Leslie Rd. at all intersecting roadways.

Motion Lukes – Suspension of Rules – Request City Council vote to oppose the transfer of the internet control by the United States and request our congressional delegation including Congressman James McGovern oppose the U.S. transfer of the internet control to the United Nations. Further, request City Council request our congressional delegation notify the other members of congress of our opposition as a City to the transfer, and do so by email.