CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 28, 2016

Esther Howland Chamber

Convened: 7:01 P.M.

Adjourned: 9:21 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 Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE & STAR SPANGLED BANNER

2.

ROLL CALL - All present with the Mayor as the Chair except for Councilor Lukes, who arrived at 7:34 P.M.

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

Mayor Joseph M. Petty presented a Key to the City to Elizabeth Pellegrini, who became the first athlete at WPI to earn Academic All-American status, finishing second in the 400 Meter Hurdles at the 2015-2016 Track and Field NCAA Championships.

 

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 14, 2016.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION

5a.

Mayor Petty recognized the following speakers:
1. Dottie Hargrove, Worcester resident
2. Idella Hazard, Worcester resident
3. Jo Hart, Worcester resident

 

6.

HEARINGS & ORDERS

6a.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Flagg & Intervale St.) Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Flagg & Intervale St.)

Attachments

Hearing Held & Order adopted

 

6b.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Chesterfield Rd. & Intervale St.) Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Chesterfield Rd. & Intervale St.)

Attachments

Hearing Held & Order adopted

 

6c.

Hearing: LIGHTOWER FIBER NETWORKS LLC for a conduit location at: FREMONT ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a conduit location at: FREMONT ST.

Attachments

Hearing Held & Order adopted

 

6d.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: GROVE ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: GROVE ST.

Attachments

Hearing Held & Order adopted

 

6e.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Monroe St.) Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: PLEASANT ST. (Monroe St.)

Attachments

Hearing Held & Order adopted

 

6f.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: EAGLE RD. & GROVE ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: EAGLE RD. & GROVE ST.

Attachments

Hearing Held & Order adopted

 

6g.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAYWOOD ST BACKBONE EXT. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAYWOOD ST BACKBONE EXT.

Attachments

Hearing Held & Order adopted

 

6h.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: MILL & PLEASANT STS, Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: MILL & PLEASANT STS,

Attachments

Hearing Held & Order adopted

 

6i.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: MASSASOIT RD & GRAFTON ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: MASSASOIT RD & GRAFTON ST.

Attachments

Hearing Held & Order adopted

 

6j.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: COLUMBUS & LOVELL ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: COLUMBUS & LOVELL ST.

Attachments

Hearing Held & Order adopted

 

6k.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: PARK AVE & MILL ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: PARK AVE & MILL ST.

Attachments

Hearing Held & Order adopted

 

6l.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location: COPPERFIELD RD & PLEASANT ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location: COPPERFIELD RD & PLEASANT ST.

Attachments

Councilor Bergman moved to be recused from this item and proceeded to leave the room. Hearing Held & Order adopted

 

6m.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: CANTERBURY & SOUTH CRYSTAL ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: CANTERBURY & SOUTH CRYSTAL ST.

Attachments

Hearing Held & Order adopted

 

6n.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: LOVELL ST. & LAKESIDE AVE. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: LOVELL ST. & LAKESIDE AVE.

Attachments

Hearing Held & Order adopted

 

6o.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAIN ST. AT MILL ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: MAIN ST. AT MILL ST.

Attachments

Hearing Held & Order adopted

 

6p.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at : MAIN & BEAVER ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at : MAIN & BEAVER ST.

Attachments

Hearing Held & Order adopted

 

6q.

Hearing: LIGHTOWER FIBER NETWORKS LLC for conduit location at: BOWDOIN ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for conduit location at: BOWDOIN ST.

Attachments

Hearing Held & Order adopted

 

6r.

Hearing: CHARTER COMMUNICATIONS for a conduit location at: SEYMOUR ST. Granting permission to CHARTER COMMUNICATIONS for a conduit location at: SEYMOUR ST.

Attachments

Hearing Held & Order adopted

 

7.

FIRST ITEM OF BUSINESS - EVALUATION OF THE CITY MANAGER

7a.

COMMUNICATION of the City Manager transmitting informational communication relative to the City Manager's annual evaluation and the FY16 accomplishment highlights.

Attachments

The City Council evaluated the City Manager in the following order: Councilors Gaffney, Rosen, Bergman, Mero-Carlson, King, Toomey, Rivera, Economou, Lukes, Russell followed thereafter by Mayor Petty. Mayor Petty invited City Manager Augustus to say a few words following the evaluation. The City Manager thanked every person in his staff, every person in the City and every person on the City Council for all the work they do. Placed on file

 

8.

PETITIONS

8a.

Todd Rodman, Attorney on behalf of 150 Blackstone River Road, LLC request abandonment and discontinuance of a portion of Blackstone River Rd.

Attachments

Councilor Russell moved to Table the Item Under Privilege. Tabled Under Privilege - Russell

 

8b.

Councilor George J. Russell request sidewalks in Barclay St. from Grafton St. to Harrison St. be repaired.

Attachments

Referred to Public Works Committee

 

8c.

Councilor George J. Russell request Barclay St. be resurfaced from Grafton St. to Harrison St.

Attachments

Referred to Public Works Committee

 

8d.

Leon Shaw request installation of a handicap parking space in front of 3 Perry Ave.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Noelle Dowd request installation of a handicap parking space on the easterly side of Rugby St. at the raised paved area opposite the apartment building at 3 to 5 Rugby St.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Carol Giguere request installation of signage or traffic measures to indicate that the area approaching the Chandler St. and Mill St. intersection is not a two-lane roadway, such as repainting of of the yellow lines or installation of a "Single Lane" traffic sign.

Attachments

Referred to Traffic and Parking Committee

 

8g.

Jonathan Church, Administrator of the Worcester Regional Transit Authority, request installation of a bus stop, inbound, on the north side of Franklin St., 31' east from the eastern edge of the crosswalk at the intersection of Franklin St. and Harding St., across from light pole #29.

Attachments

Referred to Traffic and Parking Committee

 

8h.

Jonathan Church, Administrator of the Worcester Regional Transit Authority, request installation of a bus stop, outbound, on the west side of Tobias Bolland Way, 20' north of telephone pole #7.

Attachments

Referred to Traffic and Parking Committee

 

8i.

Idella Hazard request City Manager have a three sided shelter built at the Residential Drop-Off Center in Millbury St., with a large window on the left side so as to see vehicles coming to drop off yard waste, for the protection of the staff from the weather.

Attachments

Petitioner spoke and Referred to the City Manager

 

8j.

William S. Coleman III request City Council encourage the citizens of Worcester to work with the city administration to help stop drug overdoses, violence and any harmful acts that would make our city unsafe for the summer of 2016.

Attachments

Petitioner spoke and Placed on file

 

9.

CHAIRMAN'S ORDERS

9a.

FROM THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS - Request City Manager request the Veterans’ Agent / Director report to City Council concerning the best practices for honoring soldiers returning home to the City.

Attachments

Order adopted

 

10.

REPORTS OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS

10a.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Petition of Bonita Willand request to add the name of Dana A. Curtis to the Curtis Square Memorial in honor of her father killed in the Korean War: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

10b.

REPORT OF THE COMMITTEE ON VETERANS' AND MILITARY AFFAIRS Upon the Order of Councilor Michael T. Gaffney request City Manager consider the expansion of the JROTC program to include the Army and Marine programs. An expansion would give our children an opportunity to experience the programs provided by each branch of the military. This would also help them with the direction and discipline that the military provides and further our efforts for youth intervention and involvement: recommend Order be referred to Education Committee.

Attachments

Referred to Education Committee

 

11.

LOAN ORDERS TO BE ADOPTED

11a.

That the sum of Twenty Five Thousand Dollars And No Cents ($25,000.00) be appropriated to Account #91C744C, Off Street Parking Equipment, for the purchase of passenger vehicle, including the costs incidental and related thereto.

Attachments

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

 

11b.

That the sum of Three Million Five Hundred Eighty One Thousand Four Hundred Sixty Dollars And No Cents ($3,581,460.00) be appropriated to Account #91C7807, Citywide Capital Equipment, to fund the continued purchases of Citywide Capital Equipment, including the costs incidental and related thereto.

Attachments

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

 

11c.

That the sum of Five Million Dollars And No Cents ($5,000,000.00) be appropriated to Account #91C7414, Street Construction, to pay for costs associated with street construction, including the costs incidental and related thereto.

Attachments

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

 

11d.

That the sum of Ninety Five Thousand Dollars And No Cents ($95,000.00) be appropriated to Account #91C7417, Bicycle Master Plan, to produce a master plan of potential bicycle facilities throughout the city, including the costs incidental and related thereto.

Attachments

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

 

11e.

That the sum of Two Million One Hundred Fifty Thousand Dollars And No Cents ($2,150,000.00) be appropriated to Account #91C741A, Sidewalk Improvements, to fund the continued improvements to citywide sidewalks, including the costs incidental and related thereto.

Attachments

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

 

11f.

That the sum of One Million Five Hundred Thousand Dollars And No Cents ($1,500,000.00) be appropriated to Account #91C741C, Private Street Conversions, to fund costs associated with the conversion of private streets, including the costs incidental and related thereto.

Attachments

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

 

11g.

That the sum of One Hundred Thousand Dollars And No Cents ($100,000.00) be appropriated to Account #91C741I, Citywide Street Improvements, to pay for costs associated with the improvement of citywide streets, including the costs incidental and related thereto.

Attachments

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

 

11h.

That the sum of Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be appropriated to Account #91C711C, Building Rehabilitation- Parks, to provide funds for the rehabilitation of Parks buildings, including the costs incidental and related thereto.

Attachments

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

 

11i.

That the sum of Six Million One Hundred Thousand Dollars And No Cents ($6,100,000.00) be appropriated to Account #91C784, Parks Improvements, to pay for costs associated with the citywide parks improvements, including the costs incidental and related thereto.

Attachments

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

 

11j.

That the sum of One Million Four Hundred Thousand Dollars And No Cents ($1,400,000.00) be appropriated to Account #91C7847, Parks Improvements, for costs associated with Parks improvements, including the costs incidental and related thereto.

Attachments

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

 

11k.

That the sum of Nine Hundred Seventy Four Thousand Eight Hundred Fifty Dollars And No Cents ($974,850.00) be appropriated to Account #91C7116, Citywide Building Rehabilitation, to fund improvements to various city owned buildings, including the costs incidental and related thereto.

Attachments

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

 

11l.

That the sum of Three Hundred Thousand Dollars And No Cents ($300,000.00) be appropriated to Account #91C702A, Water Land Shed Acquisition, to pay for costs associated with the acquisition of water lands, including the costs incidental and related thereto.

Attachments

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

 

11m.

That the sum of One Hundred Forty Thousand Dollars And No Cents ($140,000.00) be appropriated to Account #91C711P, Building Rehabilitation Parks, to fund various building rehabilitation, including the costs incidental and related thereto.

Attachments

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

 

12.

TABLED ITEMS

12a.

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

 

12b.

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

 

12c.

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

 

12d.

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

 

12e.

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

 

12f.

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

 

12g.

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

 

12h.

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)

Attachments

No action taken

 

12i.

PETITION of Todd Holland request the City Council Calendar available on the City Government web site provide the following: 1) Under description a full and accurate synopsis be placed to properly inform all citizens of the true & accurate purpose of said meeting. 2) Under the Heading of "More Information" a link is provided to available agenda and purpose of meeting. 3) All meeting minutes be available on line in a timely manor and to include accurate details on presenters, attendees and attachments of any proposed plans. 4) A more efficient format making it easier to navigate using a graphical user interface friendly to people who lack full computer literacy. (Tabled - Economou January 12, 2016)

Attachments

No action taken

 

12j.

PETITION of Todd Holland request all City of Worcester agendas include the name of the specific person(s) or department presenting on each item in a given agenda. (Tabled - Economou January 12, 2016)

Attachments

No action taken

 

12k.

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)

Attachments

No action taken

 

12l.

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)

Attachments

No action taken

 

12m.

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

Attachments

No action taken

 

12n.

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)

Attachments

No action taken

 

12o.

ORDER of Mayor Joseph M. Petty - Request City Manager reach out to Verizon to make inquiries regarding expansion of FIOS into Worcester in light of their recent investment in Boston. (Tabled - Petty May 17, 2016)

Attachments

No action taken

 

12p.

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)

Attachments

No action taken

 

12q.

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)

Attachments

No action taken

 

13.

BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the June 21, 2016 City Council meeting.

13a.

ORDER of Councilor Michael T. Gaffney – Request City Manager request City Solicitor provide City Council with a report concerning whether locations providing Airbnb services must report their earning and if they are in violation of the city’s tax laws for hotels. – Item #16a Order adopted

 

13b.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report regarding how the city would know about residential properties registered on Airbnb unless it was complaint driven. – Item #16b Order adopted

 

13c.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning if Airbnb could be considered a home business, and thus granted an exemption to operate in residential areas. – Item #16c Order adopted

 

13d.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report outlining how other communities are dealing with Airbnb. – Item #16d Order adopted

 

13e.

ORDER of Councilor Sarai Rivera – Request City Manager consider additional means the City can use to promote street vendors. – Item #16e Order adopted

 

13f.

ORDER of Councilor Kathleen M. Toomey – Request City Manager consider placing portable toilets to food truck friendly zones. – Item #16f Order adopted

 

13g.

ORDER of Councilor Sarai Rivera – Request City Manager provide outreach to the soccer community to make sure all those who may want to participate in the public meeting about rectangular fields on Thursday, June 30, 2016 at 6:30 P.M. at 50 Skyline Dr. are aware of the meeting. – Item #16g Order adopted

 

13h.

ORDER of Mayor Joseph M. Petty – Request City Manager provide City Council with a report concerning the process of creating a means to confiscate All-Terrain Vehicles and dirt bikes that are being used illegally. – Item #16h Order adopted

 

13i.

ORDER of George J. Russell – Request City Manager provide City Council with a report comparing the City’s bond rating with other municipalities in Massachusetts. Further, request City Manager include in said report information concerning if the bond rating would improve if the City borrowed less over the next few years. – Item #16i Order adopted

 

13j.

ORDER of Councilor Sarai Rivera – Request City Manager install lighting in the footbridge in the vicinity of Illinois St. and Canterbury St., provide cleanup for said area, and further, conduct a formal safety assessment of the area. – Item #16j Order adopted

 

13k.

PETITION – Councilor Tony Economou on behalf of Ninozka Garcia request Welcome St. be resurfaced. – Item #16k Referred to Public Works Committee