CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, April 1, 2014

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 8:50 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Edward M. Augustus, Jr.

City Auditor
Robert V. Stearns

Councilors

Mayor Petty requested a Moment of Silence in Memory of Boston Fire Departments Lt. Ed Walsh and Firefighter Michael R. Kennedy who both perished on March 26th at the 9-alarm blaze in the Back Bay. This tragedy reminds all of us in Worcester of the personal sacrifice that is, sadly, a part of fire service. Our thoughts and prayers go to the families and friends of these men and to all of our neighbors in the City of Boston.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of March 18, 2014.

Mayor Petty recognized community leaders from the country of Ukraine, who are visiting Worcester to work in partnership with the International Center of Worcester, in order to promote the global tolerance of diversity.

Mayor Petty read a Proclamation declaring the month of April, “Donate Life Month,” in the City of Worcester. The Proclamation was presented to Jenn Cray.

Mayor Petty read a Proclamation declaring the 1st of April, “Mayor’s Day of Recognition for National Service,” in the City of Worcester.

Mayor Petty read a Proclamation declaring the month of April, “Autism Acceptance Month,” in the City of Worcester. The Proclamation was presented to Joseph Siegel.

Mayor Petty recognized the following speakers:
1. William Breault, Worcester resident
2. Scott Ricker, Worcester resident
3. Jo Hart, Worcester resident
4. Elaine Baskin, Worcester resident
5. William Rigney, Worcester resident
6. Kristopher Komenos, Worcester resident
7. Allison Brennan, Worcester resident
8. David Mancevice, Worcester resident
9. Stuart Drake, Worcester resident
10. Idella Hazard, Worcester resident

Betty O'Day request Cargill Ave. be resurfaced.

Wright Russell request abatement of street betterment assessment #25204 in the amount of $5,379.30 for Dayton Place.

Momolu Bongay of Christ Jubilee International Ministries request to amend the resident parking on Elmwood St. to allow parking on Sundays 10:30 AM - 2:30 PM for visitors of the church.

James Clark request handicap parking sign in front of 5 Palm St. be removed and relocated to 9 Palm St. (corner of Arthur & Palm Sts.)

Betty Cotto request the installation of handicap parking space at 21 Lyon St.

Murilo Pereira request removal of handicap parking space in front of 69-71 Fox Street.

Marianita Belen request installation of a handicap parking space in front of 1 Castle Street.

Stephen Quist request City Council request the Superintendent of Public Schools for an update on the previously voted request for an operational audit of the Worcester School Department.

Councilor Michael Gaffney filing an Open Meeting Law Complaint Form.

Transmitting two reports on compliance and internal controls and the management letter issued by the Certified Public Accounting firm of CliftonLarsonAllen, LLP for the City of Worcester for the fiscal year ended June 30, 2013 (FY2013).

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the Chief Executive Officer of the Worcester Area Chamber of Commerce and other appropriate entities meet to raise the $40,000.00 for the planned mural project at the Denholm Building, Hanover Theatre and DCU Centre and report to the City Council within one month.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager request the Telegram and Gazette and other major media in the city commit to a long-term promotion of the local public art initiatives.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - That the City Council, in the search for a long-term City Manager, shall communicate to the designated search firm that the following attributes be highlighted in the job description for being selected as the successful candidate to serve as Worcester City Manager: 1.) An appreciation for the unique, diverse and distinct neighborhoods in Worcester and support for efforts to strengthen the neighborhoods, 2.) A passion for public education and the Worcester Public Schools, 3.) A vision for the future of the community capitalizing on the development progress to date, and a familiarity with the city that a local person possesses so that she/he may hit the ground running.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Fire Chief report to City Council the practices employed in other communities comparable to Worcester with regards to the acquisition and/or rehabilitation of firefighting apparatus.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager consider recommending an appropriation that allows the City of Worcester to subscribe and implement the Smart 911 Call System.

Request City Manager gather sufficient and appropriate resources to launch an anti-litter and “pick up after your pet” campaign. (Rivera)

Request City Manager update City Council concerning a safety analysis for intersection of Hollis and Gardner Streets. (Rivera)

Request City Manager update City Council concerning the traffic analysis of Beacon St. (Rivera)

Request City Manager, the Mayor and the Superintendent of Schools work together to form an independent group consisting of members of the business community, an official from the City and an official from the School Department to review what areas of duplicative services and possible efficiencies such as human resources and others that might be combined under one organization whether at the City or School Department, and further request they determine what impact such streamlining would have in budget savings and any impacts it has against net school spending. (Economou)

Request City Manager and the Commissioner of Public Works & Parks implement a shade tree planting pilot program in Hillcroft Ave to include the immediate planting of shade trees as well as a pruning program with National Grid and DPW&P Forestry Department. (Economou)

That the City Council consider an amendment to the Salary Ordinance so that a salary range, rather than a fixed amount, be set as the yearly compensation for the position of City Manager. (Bergman, Economou)

Request City Manager establish a rough estimate cost for the siting, engineering and construction of an indoor domed multi-sport facility in the City. (Bergman)

Request City Manager request the City Solicitor provide the City Council with the circumstances/standards relied upon in determining water/sewer abatements. (Bergman)

Request City Manager request the City Assessor report on the impact of adopting the personal property exemption outlined in clauses 16(3)(i) and 16(3)(ii) of section 5 of chapter 59 of the General Laws pertaining to research and development and further, provide a recommendation as to whether or not the city should adopt both clauses of just clause 16(3)(i). (Petty)

Request City Manager report on the current marketing efforts/implementation of the city and costs to the city and others. (Lukes)

Request City Manager report on the amounts of monies generated by the hotel/motel tax for the past three years and how those amounts have been spent and allocated. (Lukes)

Request City Manager report on the procedure required regarding the use of the downtown parking lot of the registry of Motor Vehicles for lease/use by the Hanover Theatre after working hours. (Lukes, Rivera)

Request the Standing Committee on Municipal Operations renegotiate the present employment contract with the City Manager. (Rosen, Rivera)

Request City Manager request the Police Chief install traffic enforcement measures in Canterbury Street between Hammond Street and Cambridge Street. (Rivera)

Request City Manager provide City Council with an update concerning the requested revisions to the food truck regulations. (Rivera)

Thomas Williamson, Jr. President of Williamson Environmental LLC transmitting notification of Immediate Response Action Plan (IRA Plan) for the former Mill Renovation Project at 64 Beacon St.

Communication from the Massachusetts Department of Agricultural Resources notifying the City Council that a Yearly Operational Plan for 2014 for the Providence & Worcester Railroad Company has been submitted by TEC Associates to apply for vegetation management operations.

Mayor Joseph M. Petty forwarding communication from Purchasing Director John Orrell notifying City Council that the city has received three proposals for Consultant Services relative to the Executive Search for City Manager.

Edward M. Augustus, Jr., City Manager, recommend adoption of an Order to submit a Statement of Interest to the MSBA for Renovation/Rehabilitation of Worcester East Middle School.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Report of the Planning Board Upon the Petition of Diana & Timothy Dillon request zone change for 631 Sunderland Rd. from RS-7 to BL-1: recommend Accept the Recommendation of the Planning Board and Deny the Petition.

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager transmitting informational communication relative to the number of Fire Department vehicles that have been upgraded with new parts: 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 a report relative to the Status of the Worcester Fire Department Fleet.: 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 a Report as to the Purposes of the Overtime for the Communications Department and the Status of Staffing of this Department: 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 Regional Emergency Communications Center Negotiations.: 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 City's Emergency Communications Department (9-1-1 Dispatch Center): recommend Communication be placed on file.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking for 81 Elm Street on Fruit Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 7 Richmond Avenue.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 1 Stone Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking on East Shelby Street, adjacent to 91 Prospect Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 73 Chilmark Street.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to rescind handicap parking in front of 8 North Ashland Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to change the 15 Minute Parking Zone on Harrison Street adjacent to 59 Providence from 6am-6pm to 6am-9pm.

Amending Section 42 of Chapter 13 to the Revised Ordinances of 2008 to install 15 Minute Parking 6am-9pm in front of 59 Providence Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide 30 Minute parking on Grand Street adjacent to 100 Canterbury Street.

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 Economou @ #8c CC - Request City Manager request the law department, inspectional services and the police department work together to find the best possible solution for all parties involved concerning the ongoing problems occurring in the vicinity of 5 Elmwood St.

Motion Toomey @ #8c CC – Request City Manager provide City Council with reports that go back two years relative to Elmwood St. problems.

Motion Lukes @ #8c CC – Request City Manager request the City Solicitor provide a legal opinion as to where the line is relative to the right to practice religion and the city’s right to deal with practical issues such as noise and traffic.

Motion Bergman @ #8c CC – Request City Manager provide the Zoning Board of Appeals files that granted a relief for parking spaces based on an estimated number of congregants for the Church at 5 Elmwood St. so that the Standing Committee on Traffic and Parking can know the history when making any decisions.

Motion Bergman @ # 8i CC - Request City Manager request the City Solicitor report whether or not all members of City Council should be listed as the persons who are alleged to be in violation of the Open Meeting Law and not one person as stated in the petition #8i filed on City Council agenda for April 1, 2014.

Motion Bergman @ # 8i CC - Request City Manager request the City Solicitor report the costs for defending the Open Meeting Law Complaint petition.

Motion Bergman @ # 8i CC - Request City Manager request Human Resources offer to City Council some guidance on conflict resolution to avoid having an issue rise to the level of a complaint.

Motion Petty @ #9a CC – Request City Manager provide City Council with an update concerning the HUD report.

Motion Lukes @ #11d CC – Request City Manager provide the wording of MGL Chapter 70 and how it applies and further, report examples of other communities who have merged city and school services and their experiences.

Motion Toomey @ #11g CC – Request City Manager reach out to Simon Properties to discuss siting a multi-sport domed facility at the Greendale Mall.

Motion Russell @ #11i CC – Request City Manager report any impacts to homeowners and small business owners that could result from adoption of MGL Chapter 59, section 5, clauses 16(3)(i) and 16(3)(ii).

Motion Russell @ #11i CC – Request City Manager report the number of Worcester residents who are employed at research and development companies and report the average salary ranges.

PETITION – Councilor Gary Rosen on behalf of Elizabeth St. John request installation of speed humps in Sussex Lane.

Motion Rosen – Suspension of Rules – Request the Standing Committee on Youth, Parks and Recreation Committee monitor the use and activity at the new rectangular field/playground behind Botany Bay to make sure it does not interfere with the quality of life of the residents in the neighboring areas of Botany Bay and Columbus Park.

Motion Rivera – Suspension of Rules – Request City Manager provide City Council with an update and timeline concerning the Green Island Flooding Study.

Motion Palmieri – Suspension of Rules – Request City Manager report the cap to the number of persons in a lodging house.

Motion Palmieri – Suspension of Rules – Request City Manager request the Commissioner of Public Works & Parks and Mass DOT take a look at Belmont St. to consider implementing speed calming devices such as crosswalks and flashing lights and further, consider installing some kind of barrier in front of 149 Belmont St. to prevent future accidents to the building on this property.

Motion Toomey – Suspension of Rules – Request City Manager provide an update relative to the potential installation of the ultra-flashing pedestrian lights that are solar powered in the vicinity of 181 Lake Ave.