CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 22, 2016

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:48 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Joseph M. Petty read a Proclamation declaring Saturday, November 26, 2016 as Small Business Saturday in the City of Worcester.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of November 1, 2016.

Mayor Petty recognized the following speakers:
1. Reverend Jose Encarnacion, Worcester resident
2. Steve Quist, Worcester resident
3. Idella Hazard, Worcester resident
4. Terri Kelley, Worcester resident
5. John Provost, Worcester resident

Hearing: VERIZON NEW ENGLAND, INC. for a conduit location on: NEWPORT ST. Granting permission to VERIZON NEW ENGLAND, INC. for a conduit location on: NEWPORT ST.

Lorna Resulaj request sidewalk repair in front of 125 South Flagg St.

Councilor Sarai Rivera request installation of "No Parking Anytime" in Hudson St. at the corner of Pleasant St., adjacent to C.C. Lowell at 455 Pleasant St.

Tom Hagerty request installation of resident permit parking on the even side of Rodney St. from Catharine St. to Kendall St.

Thu Tran request installation of resident permit parking in West Boylston St. from Andover St. to King Philip Rd.

James Griffis request installation of a "Dead End" sign in Ashmore Rd. where it intersects with Pleasant St.

Councilor Gary Rosen request installation of 20 mph speed limit signs, and other appropriate signs to warn motorists to slow down, on Heard St. from Stafford St. to Heard St. School.

Councilor Khrystian King request installation of a crosswalk in front of 151 West Boylston Dr.

Councilor Khrystian King request installation of a stop sign where West Boylston Dr. and Neponset St. intersect.

Councilor Khrystian King request installation of bus stops in front of 151 West Boylston Dr. and across the street of 151 West Boylston Dr.

Councilor George J. Russell on behalf of Sean Horgan request installation of "No Parking Anytime" signage from 56 Fairfax Rd. to the corner of Strathmore Rd.

NATIONAL GRID AND VERIZON NEW ENGLAND INC. for a joint pole location at: WESCOTT ST.

Jo Hart request City Council change its regulation so that all votes, for petitions especially, but all votes, be by roll call starting immediately.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Council's Standing Committee on Veterans’ and Military Affairs meet jointly with City Council's Standing Committee on Education for the purpose of beginning planning for the events associated with Veterans Day 2017.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Clerk begin implementation of mailing a letter of sympathy and acknowledgement of appreciation for military service to the next of kin of local deceased veterans on January 1, 2017.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager create a program similar to the City’s Snow Removal Program where elderly and disabled persons may be referred to organizations who can help them with raking leaves.

Request City Manager request Commissioner of Public Works and Parks repaint the lanes for the existing handicap parking space in front of 275 Pleasant St. (Rivera)

Request City Manager review the parking meter time limits in the area of the Worcester County Court House. (Lukes)

Request City Manager conduct an analysis of the traffic patterns in the vicinity of Woodland St. School for the purpose of instituting safety measures for the area. (Rivera)

Timothy J. McGourthy, Executive Director for Worcester Regional Research Bureau, Inc. transmitting communication regarding "Tax Classification: Passing the Buck$ - Ending the Tug-of-War Among Worcester Taxpayers."

Edward M. Augustus, Jr., City Manager, respectfully requesting City Council’s review, deliberation and adoption of a resolution to accept a gift from the National Resource Network (NRN) to pay all travel, room and board expenses to be incurred by the City Manager and a staff member of the City of Worcester to attend the third annual NRN Peer Convening being held in New Orleans, Louisiana on December 8th – 9th.

Edward M. Augustus, Jr., City Manager, transmitting a communication in response to the City Council's questions regarding the recommendation to transfer $126,190.00 from and to various CDBG accounts to provide sufficient funding for anticipated project costs for the demolition of six buildings.

Transmitting information regarding the feasibility of adding the rules of City Council regarding Public Participation to the City Council Calendar.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou request to make public Grove St. Terrace: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Phuong Tran Vo request Camden Ave. from Indiana St. to Greenfield St. be made public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Christina Clouse request abatement of street assessment #25396, in the amount of $9,820.39 for Stearns St.: recommend adoption of the accompanying Order for a full abatement.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of 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: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Mount Vernon 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 sidewalk repair in front of 178 Russell St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Katherine Lindley request sidewalk repair or replacement on the odd numbered side of Andover St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lawrence Abramoff request repair of asphalt sidewalk and driveway entrance to 335 Chandler St. south side: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tracey Hicks of Cutler Management Corp. request sidewalk replacement at the corner of Walnut St. and Eden St.: 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 Keep Worcester Clean (KWC) Activity Report for the month of July 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 August 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 2016 Fall Leaf Collection Program: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Darrell Waller request Perkins St. from Lincoln St. to Paine St. be repaved: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Edmund and Teresa Presz et al request Cargill Ave. from Vernon St to Strathmore Rd. be repaved: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request Hooper St. be repaved: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen on behalf of Dimitrios Ptohos request the guardrail near the intersection of Vesper St. and High Ridge Rd. be repaired: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mexhite Beqiri request sidewalk repair in front of 33 Tatman St.: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Candy Mero-Carlson request sidewalk repair in front of 25 and 27 Kendall St.: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request the area of Mill St. currently experiencing infrastructure work be restored with a long patch or traditional resurfacing no later than the Spring of 2016: recommend Petitioner be given Leave to Withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Michael and Maria Solitro request removal of the guardrail along 26 Everton Ave.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Order of Councilor Morris A. Bergman request the Mayor arrange/coordinate with the City Clerk to mail a letter of sympathy and acknowledgement of appreciation for military service to the next of kin of local deceased veterans: recommend Order be placed on file.

COMMUNICATION of the City Manager recommend that One Hundred Twenty Six Thousand One Hundred Ninety Dollars And No Cents ($126,190.00) be transferred from and to various CDBG accounts to provide sufficient funding for anticipated project costs for the demolition of six buildings, each having been adjudged a nuisance to the neighborhood, or dangerous, pursuant to M.G.L. c. 139, §1. (Tabled Under Privilege - Gaffney November 1, 2016 and November 15, 2016)

ORDER of Councilor Gary Rosen - Request City Manager report to City Council concerning whether some of the obstacles such as chains, gates, signs, and parking lot closures, among others, can be removed to make our public parks more welcoming, accessible and used by city residents and taxpayers. (Tabled Under Privilege - Rosen November 15, 2016)

ORDER of Mayor Joseph M. Petty - Request City Manager use a portion of new revenues, such as property value increases, to decrease the tax rate on all property tax owners. (Tabled Under Privilege - Lukes November 15, 2016)

COMMUNICATION of the City Auditor transmitting the unaudited financial reports on the budgetary basis for results of operations in fiscal 2016 for the General and Enterprise Funds (Schedules A through B-3). (Tabled Under Privilege - Lukes November 15, 2015)

COMMUNICATION of Mayor Joseph M. Petty transmitting "A Report of the Discussions of the Mayor’s Tax Policy Committee." (Tabled Under Privilege - Lukes November 15, 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)

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 and September 27, 2016 and Tabled - Bergman October 4, 2016)

ORDER of Councilor Kathleen M. Toomey – Request City Manager request Superintendent of Schools provide information regarding the current drought conditions in their school newsletters. – Item #17a Order adopted

ORDER of Councilor Gary Rosen – That the City Council does hereby approve Phase I of the Master Plan for Dog Parks in Worcester. – Item #17b Order adopted on a roll call vote of 11 Yeas and 0 Nays.

ORDER of Councilor George J. Russell – Request City Manager make all possible efforts to trim the budget of all Phases of the Master Plan for Dog Parks in Worcester. – Item #17c Order adopted

ORDER of Councilor Konstantina B. Lukes – Request City Manager request City Solicitor provide City Council with a legal opinion concerning what needs to be pinpointed in terms of changing the legislation so that compensation is given to land owners when public utility companies use their land. Further, request City Manager request City Solicitor include in said legal opinion how to change regulations so that authorization must be granted by the land owner for the public utility to locate their systems onto the property. – Item #17d Order adopted

ORDER of Councilor Michael T. Gaffney – Request City Manager provide City Council with a report concerning the purpose of the CDBG Program, in relation to dealing with dangerous and nuisance properties. Further, request City Manager provide in said report an explanation of how liens the City places on certain properties in the program affect subsequent mortgages. – Item #17e Order adopted

ORDER of Councilor Michael T. Gaffney – Request City Manager provide City Council with a report concerning how fines are assessed to owners who are neglecting their properties in the CDBG Program. Further, request City Manager provide in said report the standards for when properties are demolished in the program. – Item #17f Order adopted

ORDER of Councilor Michael T. Gaffney – Request City Manager provide City Council with an audit of all six properties to be demolished in the CDBG program that specifically looks at property history since being approved for demolition by the City. – Item #17g Order adopted

Motion Gaffney @ #11c CC – Request City Council rescind the funds for the demolition of 89 Austin Street from the order to transfer $126,190.00 from and to various CDBG accounts to provide sufficient funding for anticipated project costs for the demolition of six buildings.

Motion Gaffney @ #11c CC – Request City Manager request Commissioner of Inspectional Services provide City Council with a report outlining the dates of determination to demolish 89 Austin St., the date of the issuance of the RFP and any other relevant dates concerning the demolition of 89 Austin St.

Motion Gaffney @ #11c CC – Request Manager provide City Council with a copy of the Building Demolition Delay Waiver Application and Certificate of Appropriateness for 89 Austin St., with the date of the document and the date it was received, as was filed in connection with the Historical Commission and heard on June 9, 2016.

Motion Lukes @ #11c CC – Request City Manager request City Assessor provide City Council with a report concerning how they handle defining what tax exempt entities are in the City, in terms of being eligible for tax exempt status.

Motion Lukes @ #11c CC – Request City Manager request City Solicitor provide City Council with a report detailing the definition of tax exempt properties, who is eligible to exempt their properties from taxes and what the City Assessor must go through determining who fits those categories.

Motion Toomey @ #11c CC – Request City Manager inquire with the Department of Revenue as to what point, if any, an entity loses its tax exempt status if it is no longer being used for its intended purpose.

Motion Economou @ #15b CC – Request City Manager include City Council in any decision making concerning the removal of items similar to chains, gates, signs and fences within public parks.

Motion Petty – Suspension of Rules – Request City Manager implement free parking in Downtown Worcester during the holiday season.

Motion Economou – Suspension of Rules – Request City Manager work with the necessary entities to bring back the mailboxes at Lincoln Village.

Motion Toomey – Suspension of Rules – Request City Manager reach out to the United States Postal Service for a response concerning mail pickup in Lincoln Village.