CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 4, 2014

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

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of February 11, 2014.

Mayor Petty recognized the St. Peter Marian’s-Worcester Co-op Ski Team and congratulated them for their State Championship victory at Wachusett Mountain on February 25, 2014. The Mayor presented a "Key to the City" to Head Coach John McNaboe, Assistant Coach Shaun Sutner, Co-Captains Sam Sutner and Brandon Hanlon, and Luke Hanlon, Jack and C.J. Gallagher, Mason and Liam Kirley, Mike O’Malley, Chris Kennedy, and Christian Bateman.

Mayor Petty recognized the following speakers:
1. Colin Novick, Worcester resident
2. Jim Vasiliadis, Worcester resident
3. Ely Zeena, Leicester resident
4. William Talcott, Sutton resident
5. Kathleen Napoli, Worcester resident

Councilor Rosen recognized Boy Scout Troop 37 from Christ the King Church, who attended the City Council meeting in order to further their education of City Government and move one step closer to earning their Eagle Scout Badges.

Norman Guertin et al request $1,000 each year be subtracted from property tax bill for three-family, owner occupied buildings if $1,000 is spent on exterior house improvements.

Franco Girardi request to install "No Parking Anytime" on both sides of Pilgrim Ave. 100 ft. south of Grafton St. (Dead End section)

Marc L'Heureux request installation of handicap parking space in front of 149 Providence St.

Councilor Gary Rosen request resident permit parking in front of 1 to 4 Buckley Rd. be rescinded.

Councilor Frederick C. Rushton request to install one-hour parking, 8:00 A.M. to 8:00 P.M., on both sides of Shrewsbury Street from Mulberry Street to Shamrock Street.

Peter Milecki request installation of a handicap parking space in front of 9 View St.

Jo Hart request the City require a solid second unbiased structural opinion before any demolishment of any heritage structure in the City takes place, starting immediately.

Transmitting communication from Councilor Morris A. Bergman and Dr. Wendy J. Bergman requesting City Council to accept donations relating to the City of Worcester from the period 1858 through 1863 in conjunction with commemorations taking place across the United States noting the 150th Anniversary of the War Between the States.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request Mayor to convene a conversation between the City Manager and administration at NSTAR concerning the future infrastructure improvements in the city of Worcester.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request Police Chief provide the City Council with a map of those areas of the city that have been recipients of Tactical Response Area funds.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request Police Chief provide the City Council with the 2013 City-Wide Crime Statistics Report.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request City Solicitor report to the City Council whether or not the License Commission has considered a prior vote of the City Council request that they consider adopting a policy concerning the use of wands to scan patrons entering licensed alcohol pouring businesses.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request administration of Worcester State University provide the City Council with a copy of the college’s ten-year master plan.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Commissioner of Public Works and Parks review the effectiveness of the new Resident Permit Parking zone in South Flagg Street six (6) months after the signs are installed along the street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Police Chief to conduct aggressive enforcement of the new Resident Permit Parking zone in South Flagg Street once the signs are installed along the street.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request Liberty Properties to inform the City Council of the square footage they plan to occupy at their newly acquired building on Walnut Street and the total number of employees envisioned to work in that space.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report the feasibility of using some kind of tag or card that would unlock the gate to a dog park, allowing only licensed dogs into the dog park. Further, consider setting up a fee structure to differentiate the use of the park by licensed city dogs and licensed dogs from outside the city.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager submit a budget proposal for the dog park.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager make a recommendation to the Standing Committee on Youth , Parks and Recreation as to whether or not the existing ordinance banning dogs from city parks should be amended to allow leashed dogs.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report whether or not the parking is sufficient for the proposed dog park at Green Hill Park.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager request City Solicitor report as to the liability of the City if a dog or person is injured at a city sponsored dog park.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report how a group of persons can establish a committee/group interested in helping create, regulate, maintain and support dog parks.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager report if the present dog licensing fees are adequate and report the number of dogs licensed and not licensed.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager review whether or not a dog park at Green Hill Park would be in violation to the deed of transfer from the Green Family to the city.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager identify city properties that could be used as smaller dog lots.

FROM THE COMMITTEE ON YOUTH, PARKS AND RECREATION - Request City Manager consider offering tax breaks to private property owners who have land that can be used as a possible location for a dog park.

Request City Manager inform City Council what protections, if any, are in place to prevent copper gutters stolen from Worcester homes from being purchased by area scrap metal buyers. (Rosen)

Request the Standing Committee on Public Health and Human Services set up a series of public debates relative to the request of the City Manager to seek legislation to convert the Board of Health from an advisory capacity to a regulatory capacity. (Gaffney)

Request City Manager report to City Council concerning the effectiveness of outreach worker for panhandling. (Rivera)

Request City Manager provide City Council with the actual lease and/or deed in advance of executing any future loan, lease or deed transfer involving any City of Worcester major assets including real property, all in the interest of transparency. (Russell)

Request City Manager have affixed to each of the city’s newest parking meters a plate/sticker detailing what days and hours the meter is in force, the cost of purchasing time on the meter, and the meter’s maximum time limit. (Rosen)

Request City Manager report to City Council concerning the feasibility of bringing to Worcester a network affiliated TV station that will provide the city with live and greatly expanded news coverage. (Rosen)

Request City Manager provide the City Council with detailed backup information on any financial item including whether or not the expenditure is proposed or already completed. Also include reference to where in the budget it was originally approved. (Russell)

Request City Manager review the definition of what constitutes a “saturation point” in regards to the issuance of beer and wine licenses as well as full liquor licenses in the City and what solution can be brought forward to protect over saturation in any one particular area. (Economou, Rivera)

Request City Manager request the Chief of Police to procure and launch a web-based application that will allow victims of break-ins the opportunity to follow progress, download reports and input reports via the internet. (Economou)

Request City Manager report to City Council concerning the feasibility of restoring the baseball field at Boynton Park on Mower St. (Rosen)

Request City Manager request the Code Commissioner address graffiti and code enforcement issues for the Astro building property at the corner of Gardner and Tainter Streets. (Rivera)

William Hayes, Senior Arborist of NSTAR, transmitting notification of the public hearings on the Vegetation Management Plan, Yearly Operational Plan for NSTAR and the proposals to utilize herbicides to treat their rights of ways that pass through the city.

Department of Agricultural Resources transmitting notification of the public hearings on the Vegetation Management Plan, Yearly Operational Plan for Mass. Department of Transportation and the proposals to utilize herbicides to treat their rights of ways that pass through the city.

Christine Arbour, Environmental Scientist for Tyree Environmental Corp., transmitting Notice of Environmental Sampling for property at 350 Greenwood St.

Tom Sneesby, Project Manager for Environmental Strategies & Management, transmitting Phase IV Final Inspection Report & Post Class C RAO Status & Remedial Monitoring Report for 14 Putnam Lane.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Mayor Joseph M. Petty - Request the Committee on Municipal Operations meet to initiate employment contract negotiations with Deputy City Auditor Robert V. Stearns for position of City Auditor effective January 8, 2014: recommend adoption of an Order establishing the annual salary for the City Auditor Robert V. Stearns in Executive Management Occupational Group EM, pay grade 56EM at $120,000.00 annually effective January 8, 2014.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to Operational Structure and Staffing Levels within the Worcester Police Department: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting communication recommending City Council Adoption of a Resolution to File and Accept a FY13 Edward Byrne Memorial Justice Assistance Grant: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the Designation of a Tactical Response Area in the Main South Neighborhood: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to 2012 City-wide Crime Statistics: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Order of Councilor Philip P. Palmieri, Councilor Paul P. Clancy Jr. and Councilor Joseph M. Petty - Request City Manager, Police Chief and/or the License Commission consider adding a voluntary or mandatory condition to alcohol licensing that would allow for proprietors to scan patrons with a wand in an effort to detect concealed knives and other weapons, all in the interest of improving safety in businesses across the City: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Report of the Committee on Traffic and Parking Upon the Petition of Phyllis Bilazarian request to install Resident Sticker Parking in South Flagg St. from the corner of Hadwen Rd. to Claridge Dr.: recommend passage of the accompanying proposed Ordinance for resident permit parking on South Flagg St both sides from Hadwen Road to Claridge Drive, Mondays through Fridays 8:00 A.M. to 5:00 P.M. and recommend adoption of the accompanying Order requesting the Commissioner of Public Works and Parks request the Director of Traffic Engineering review and report to the City Council the potential that a reconfiguration of the parking lot at 475 Chandler Street might result in additional capacity, and further, upon receipt of said report, the Standing Committee on Traffic & Parking does hereby reserve the right to reconsider and amend the Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Levis et al request No Parking be installed on Shattuck St. at both sides of the exit from the parking lot of Brittan Court at 299 Lincoln St.: recommend passage of the accompanying proposed Ordinance to install No Parking in 20 foot wide driveway clearances, both sides of Shattuck Street driveway leading into the parking lot 299 Lincoln Street.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Todd Rodman, Esq. on behalf of Liberty Properties Corp. request City of Worcester install a crosswalk in Sudbury Street in the location shown on the attached plan: recommend approval of the accompanying Order, contingent upon petitioner installing, at their own expense, handicapped ramps on both ends of this proposed crosswalk.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Chairman's Order from the Committee on Traffic and Parking - Request Mayor request the Superintendent of the Worcester Public Schools consider assigning a crossing guard to the intersection of Hadwen Road and South Flagg Street: recommend approval of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Order of Councilor Konstatina B. Lukes request the Standing Committee on Traffic and Parking review the issue of access to the property located at 180 South Flagg owned by the Greater Worcester Land Trust in the event that resident permit parking is voted in the area: recommend Order be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Brenda Smith of Smart Cuts request installation of two handicap parking spaces with a time limit of one hour between 3 & 7 Pleasant St.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mayor Joseph M. Petty request installation of a crosswalk in the vicinity of 256 Park Ave.: recommend Petition be place on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John-Paul Stevens request installation of crosswalk in the vicinity of 33 Pleasant Street: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Eric Cruze request removal of the handicap parking space at 8 North Ashland St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Grigorios Psarras of Lincoln House of Pizza request two 30 minute parking meters in front of 273 Lincoln St.: recommend Petitioner be granted leave to withdraw.

COMMUNICATION of the City Manager recommending Adoption of an Amendment to the Salary Ordinance. The Proposed Amendment Will Create the Position of Youth Opportunities Office Coordinator for the Public Health Department. (Tabled - Lukes February 25, 2014)

COMMUNICATION of the City Manager recommending Adoption of a Resolution to File and Accept a Donation in the Amount of Fifty Thousand Dollars and No Cents ($50,000.00) from UMass Memorial Health Care's Community Benefits Program, to support the City's Youth Opportunities Office. (Tabled - Lukes February 25, 2014)

COMMUNICATION of the City Manager recommending that the position of Youth Office Director Pay Grade 40M in the Department of Economic Development Division of Central Mass Workforce be eliminated a new position of Youth Opportunities Office Coordinator Pay Grade 37P, (Non Union) be created, in the Department of Public Health in order to implement the newly constituted Youth Opportunity Office. (Tabled - Lukes February 25, 2014)

COMMUNICATION of the City Manager recommending that One Hundred Two Thousand Seven Hundred Eighty Four Dollars And Thirty Four Cents ($102,784.34) be transferred from Account #04C640, Umass Donation Youth Office, and be appropriated to Account #33S618, Public Health Umass Donation Youth Office, to reallocate funding for the Youth Opportunities Office from the Department of Economic Development to the Division of Public Health. (Tabled - Lukes February 25, 2014)

COMMUNICATION of the City Manager recommending that Five Hundred Fifty Thousand Dollars And No Cents ($550,000.00) be transferred as follows: $270,000.00 from Loan Account #91C7612A, Major Taylor Garage Improvements, $140,000.00 from Loan Account #91C7441A, Garage Improvements, and $140,000.00 from Loan Account #91C7444, Major Taylor Garage Improvements and the total appropriated to DPW Account #46C706, Major Taylor Garage Rehabilitation, to allow for payment of current and anticipated obligations per the cash flow procedure. (Tabled - Russell February 25, 2014)

COMMUNICATION of the City Manager recommending that Eighty One Thousand Dollars And No Cents ($81,000.00) be transferred from Account #270, 91000, Communication Personal Services, and be appropriated to Account #270, 97000, Communications Overtime Salaries. (Tabled - Lukes February 25, 2014)

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)

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

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) (Tabled - Lukes September 4, 2012)

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)

Motion Russell @ #10d, 10g & 15e CC – Request City Manager report whether or not the restaurant real estate at the Major Taylor Parking Garage is taxable or tax free.

Motion Russell @ #10d, 10g & 15e CC – Request City Manager report whether or not the equipment purchased for the restaurant at the Major Taylor Parking Garage is taxable.

Motion Russell @ #10d, 10g & 15e CC – Request City Manager report if the metered parking spaces in front of the restaurant at the Major Taylor Parking Garaged are leased.

Motion Bergman @ #10d, 10g & 15e CC – Request City Manager request the City Solicitor report if personal guarantees are requested when contracts are made.

Motion Bergman @ #11a CC – Request City Manager confirm that the independent contractor hired by NStar for vegetation management in Worcester is insured.

PETITION – Councilor Gary Rosen on behalf of Shirley Wright request installation of Resident Permit Parking on both sides of Biltmore Rd.

PETITION – Councilor Tony Economou on behalf of Leonard Troio request Bristol St. be resurfaced.

Motion Economou – Suspension of Rules – Request City Manager immediately remove the graffiti along the concrete walls abutting Frontage Rd South.

Motion Rivera – Suspension of Rules – Request City Manager have the “Color Time” sign on Main St. at the YMCA parking lot removed.

Motion Lukes – Suspension of Rules – Request City Manager request the owner of the Medial Marijuana Dispensary at 9 Harrison St. contact the neighbors to keep them apprised of what is happening.

PETITION – Councilor Frederick C Rushton and Councilor Economou on behalf of Karen Borenius install a bus stop at the corner of Burncoat St. and Arden Rd.