CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 30, 2015

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:45 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 Konstantina B. Lukes
Philip P. Palmieri Sarai Rivera City Clerk
David J. Rushford
Gary Rosen Frederick C. Rushton
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER - DOHERTY MEMORIAL HIGH SCHOOL MADRIGAL SINGERS

3.

ROLL CALL - All present with the Mayor as Chair except for Councilor Rushton who arrived at 8:09 P.M.

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 June 16, 2015.

Attachments

Order adopted

 

5.

FIRST ITEM OF BUSINESS - EVALUATION OF THE CITY MANAGER

5a.

COMMUNICATION of City Manager Edward M. Augustus, Jr., transmitting informational communication relative to the City Manager's evaluation.

Attachments

The City Council evaluated the City Manager in the following order: Councilors Rosen, Lukes, Rivera, Palmieri, Bergman, Toomey, Gaffney, Russell, Economou and Rushton followed thereafter by Mayor Petty. Mayor Petty invited City Manager Augustus to say a few words following the evaluation. The City Manager thanked his entire staff, as well as the host of men and women who play important roles throughout the City on a daily basis. Placed on file

 

6.

ITEMS OF PUBLIC INTEREST

6a.

Mayor Petty recognized William S. Coleman III who wanted to make a statement on the evaluation of the City Manager. The Mayor reminded Mr. Coleman that the Charter states only City Council evaluates the City Manager, but he continued to speak and evaluate the City Manager despite the Mayor's comment.

 

7.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

8.

PETITIONS

8a.

Yvonne Chan request tree be removed in front of 11 Frank St.

Attachments

Referred to the Department of Public Works and Parks

 

8b.

Kathleen DiGregorio et al request lights to be installed under railroad bridge on Southbridge St. near Jackson St.

Attachments

Referred to Public Service and Transportation Committee

 

8c.

Yvonne Chan request sidewalk repair in front of 11 Frank St.

Attachments

Referred to Public Works Committee

 

8d.

Cynthia Glynn et al request the handicap parking space across from 4 Gage St. be removed.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Calixta Perez request speed enforcement on Orient St.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Bonnie Gibbs, Director of Resident Services Autumn Woods request replacement of No Parking Anytime signs along both sides of Upland Gardens Drive.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Spiro Giannopoulos request to make Russell St., from Elm St. to Highland St. No Parking both sides during winter parking ban hours and allow for parking on both sides of the street for visitors of Elm Park.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Robert Keller request No Parking signs be installed in Fiske St at corners with Chandler St.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Mario Minardi, Minardi Limited Partnership, request installation of "One Hour Parking 8am-7-pm" in front of 405 Grove St.

Attachments

Referred to Traffic and Parking Committee

 

8j.

LIGHTOWER FIBER NETWORKS for a conduit location in: HAMILTON STREET

Attachments

Hearing set for July 21, 2015 at 6:00 P.M.

 

8k.

LIGHTOWER FIBER NETWORKS for conduit locations in: MARY SCANO DR,/BELMONT ST./ADAMS ST./SHREWSBURY ST.

Attachments

Hearing set for July 27, 2015 at 6:00 P.M.

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the City Solicitor review the property at 144 Beaver Brook Parkway for an interpretation of the abatement laws to determine what the proper abatement calculation can be applied to the street betterment assessment for Spaulding St.

Attachments

Order adopted

 

9b.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager request the City Assessor report why Lot 1, MBL #41-045-00001, in Pineland Ave is deemed unbuildable.

Attachments

Order adopted

 

10.

COMMUNICATIONS

10a.

Edward M. Augustus, Jr., City Manager, recommending the Appointment of Thomas Dillon to the Zoning Board of Appeals.

Attachments

Confirmed on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10b.

Edward M. Augustus, Jr., City Manager, recommending adoption of a resolution to accept with gratitude a donation from the College of the Holy Cross in the amount of Ten Thousand Dollars And No Cents ($10,000.00) to benefit the 2015 Recreation Worcester program and other cultural activities.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10c.

Edward M. Augustus, Jr., City Manager, recommending adoption of a resolution to accept with gratitude a donation from BayState Savings Bank in the amount of Two Thousand Five Hundred Dollars And No Cents ($2,500.00) to benefit the 2015 Recreation Worcester Program and other cultural activities.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10d.

Edward M. Augustus, Jr., City Manager, recommending adoption of a resolution to accept with gratitude a donation in the amount of Five Thousand Dollars And No Cents ($5,000.00) from Worcester Polytechnic Institute to benefit the 2015 Recreation Worcester Program and other summer youth programs.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10e.

Edward M. Augustus, Jr., City Manager, recommending adoption of a resolution to accept with gratitude a donation in the amount of Five Thousand Dollars And No Cents ($5,000.00) from Reliant Medical Group to benefit the 2015 Recreation Worcester Program and other summer youth programs.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10f.

Edward M. Augustus, Jr., City Manager, recommending adoption of a resolution to accept with gratitude a donation from Blue Cross Blue Shield of Massachusetts in the amount of Ten Thousand Dollars And No Cents ($10,000.00) to benefit the 2015 Recreation Worcester program and other cultural activities.

Attachments

Resolution adopted with gratitude on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10g.

Edward M. Augustus, Jr., City Manager, recommending Seventy Five Thousand Dollars and No Cents ($75,000.00) be transferred from Account #14S45240, Rental Housing Rehab Development Program, and be appropriated to Account #14S46340, Owner Occupied Housing Rehab Program.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10h.

Edward M. Augustus, Jr., City Manager, recommending Two Hundred Seventy Five Thousand Dollars and No Cents ($275,000.00) be transferred from Account #14S45240, Rental Housing Rehab Development Program, to Account #14S46340, Owner Occupied Housing Rehab Program.

Attachments

Order adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

10i.

Edward M. Augustus, Jr., City Manager, recommending adoption of resolutions to apply for, accept and expend funds from seven (7) grants that total Two Million Two Hundred Twenty Three Thousand Seven Hundred Fifty Nine Dollars And No Cents ($2,223,759.00).

Attachments

Seven (7) Resolutions adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

11.

REPORTS OF THE PLANNING BOARD

11a.

REPORT OF THE PLANNING BOARD Upon the Petition of Nate Smith, President of Absolute Machinery, request to extend the existing ML-2.0 zone to incorporate the entire parcel of 92 Gardner St. which is currently split zoned by ML-2.0 and RG-5.0 zones and also to extend the existing ML.2.0 zone to incorporate the entire parcel of 57 Southgate St. which is currently split zoned by ML-2.0 and RG-5.0 zones.

Attachments

Referred to Economic Development Committee

 

11b.

REPORT OF THE PLANNING BOARD Upon the Petition of Phuong Tran Vo request Camden Ave. from Indiana St. to Greenfield St. be made public

Attachments

Referred to Public Works Committee

 

12.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

12a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Tiffany & Samuel Cheng request abatement of street betterment assessment #25383 in the amount of $19,200.00 for Spaulding St.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $3,200.00

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Johny Gil request abatement of street betterment assessment #25381 in the amount of $8,000.00 for Spaulding St.: recommend adoption of the accompanying Order to abate in full.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

12c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Peter Huynh request abatement of street assessment #25335, in the amount of $12,801.95 for Yukon Ave.: recommend adoption of the accompanying Order for a partial abatement resulting in assessment of $5,745.03.

Attachments

Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Rushton absent)

 

12d.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Lawrence Quaye request Wescott St., from Paris Ave. to Scandinavia Ave. be made public: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12e.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of John Hamann request sidewalk repair in front of 9 Gaskill Rd.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12f.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Maureen McNamara request pipe sticking up through sidewalk on the Bristol St. side of 497 Burncoat St. be removed: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12g.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of F. Worth Landers et al request Briar Lane from Mountain Street East to the West Boylston line be widened and resurfaced: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12h.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Jonas Boateng request driveway entrance at 50 Dixfield St. be repaired by making it level with the street: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12i.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of the Winter Heights Subdivision off of Chester St. request the granite markers be reset to be at grade with the sidewalks at the following locations as soon as possible: 1, 13, 15, 23, 27, 28, & 29 Jasmine Dr.; 14, 18 & 32 Oriental St.; 3 & 18 Nizam Dr.; 4, 3, 24, 25, & 27 Snowy Owl Lane and both corners of Snowy Owl Lane & Jasmine Dr.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

12j.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the discontinuance and abandonment of a portion of Franklin St.: recommend Communication be referred to the Planning Board.

Attachments

Referred to Planning Board

 

12k.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to a winter status report for 2015: recommend Communication be placed on file.

Attachments

Accepted

 

12l.

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 January 2015: recommend Communication be placed on file.

Attachments

Accepted

 

12m.

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 February 2015: recommend Communication be placed on file.

Attachments

Accepted

 

12n.

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 March 31, 2015: recommend Communication be placed on file.

Attachments

Accepted

 

12o.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Councilor Tony Economou request Westinghouse Parkway be converted to a public street: recommend Report and Petition be placed on file.

Attachments

Accepted

 

12p.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request sidewalk repair in front of 11 Wabash Ave.: recommend Petitioner be given leave to withdraw.

Attachments

Accepted

 

13.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

13a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of June Sloan request installation of handicap parking space in front of 16 Thenius St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Celia Carrasquillo request removal of handicap parking space in front of 56 Oread St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Aida Rodriguez on behalf of Maria Rodriguez request removal of handicap parking space in front of 7 Irene St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of John Cariglia, Jr. request installation of a handicap parking space across from 6 Gage St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Carmen Zayas request installation of handicap parking space in front of 143 Cambridge St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jay Cox request removal of handicap parking space in front of 47 Windsor St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rhonda Miller request installation of handicap parking space in front of 27 Wawecus Rd.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Morris A. Bergman request removal of two handicap parking signs/restrictions in front of 65 East Central St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

13i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Morris A. Bergman request removal of “No Parking Except Sundays” and “15 Minute Parking” signs/restrictions in front of 55-57 East Central St.: recommend passage of the accompanying proposed Ordinance to remove only the 15 minute parking restriction, 9am-3pm Monday-Friday, in front of 55-57 East Central St.

Attachments

Voted to advertise proposed ordinance

 

14.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS

14a.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Communication of the City Manager Transmitting communication relative to the improvements and enhancements of the World War II Memorial on Worcester Common: recommend adoption of the accompanying resolution that the City Council does hereby approve in concept the improvements and enhancements of the World War II Memorial on Worcester Common.

Attachments

Accepted & Adopted

 

15.

TABLED UNDER PRIVILEGE

15a.

COMMUNICATION of City Auditor Robert V. Stearns transmitting a communication as requested for an audit of the WCCA and analysis of PEG Access Funds. (Tabled Under Privilege - Rushton June 23, 2015)

Attachments

Mayor Petty moved to Table the Item. Tabled on a roll call vote of 10 Yeas and 0 Nays (Rushton absent) - Petty

 

16.

TABLED ITEMS

16a.

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)

Attachments

No action taken

 

16b.

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 and Tabled - Lukes September 4, 2012)

Attachments

No action taken

 

16c.

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)

Attachments

No action taken

 

16d.

ORDER of Councilor Konstantina B. Lukes request City Manager request the School Department share in the cost for providing police services during the presidential visit. (Tabled Under Privilege - Lukes June 17, 2014 and Tabled July 22, 2014)

Attachments

No action taken

 

16e.

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

 

16f.

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

 

16g.

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

 

16h.

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

 

16i.

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

 

16j.

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

 

16k.

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

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES

17a.

PETITION - Councilor Tony Economou on behalf of Bob Copeland request reinstallation of speed limit signs on both ends of Tyson Rd.

Attachments

Referred to Traffic and Parking Committee

 

17b.

PETITION - Councilor Tony Economou on behalf of Michael and Kathleen Grady request Piehl Ave. be resurfaced.

Attachments

Referred to Public Works Committee

 

17c.

Motion Rosen - Suspension of Rules - Request City Manager advise City Council as to whether the ordinance prohibiting dogs in city parks should be changed so that dogs being walked on a leash are permitted (but not in playgrounds or swimming areas).

Attachments

Order adopted