CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, May 20, 2014

Esther Howland Chamber

Convened: 7:13 P.M.

Adjourned: 8:35 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 May 6, 2014.

Hearing: LIGHTOWER FIBER NETWORKS for conduit location in: LYON STREET Granting Permission to LIGHTOWER FIBER NETWORKS for conduit location in: LYON STREET

Mayor Petty recognized the following speakers:
1. Allen Knoll, Worcester resident
2. Scott Ricker, Worcester resident
3. Jo Hart, Worcester resident
4. Elizabeth Mullaney, Worcester resident
5. Leonard Zalauskas, Worcester resident

Councilor Tony Economou request Commissioner of the Department of Public Works and Parks reset the following granite markers that protrude from the sidewalk surface at the following locations: 10, 12, 14, 17, 22, 27 and 29 Corinth Drive, 12 Birmingham Road and between 127 and 129 King Philip Road, all in the interest of public safety.

Scott Ricker request Commissioner of the Department of Public Works and Parks reconfigure the spectator benches with the accessible viewing pad at Tivnan Field.

Scott Ricker request Commissioner of the Department of Public Works and Parks replace the temporary handicap parking sign at 50 Skyline Drive with permanent, compliant signage and further, request repair of the exterior stairs into the building with tread nosing that are handicap compliant.

Scott Ricker request Commissioner of the Department of Public Works and Parks remove the granite bench from the sidewalk in front of 1 Mercantile Street because its location restricts access for people with disabilities from accessing the intended space.

Jacqueline Norton and Herbert Cremer request City Council to approve and incorporate a clause into all 2014-2015 snow plowing and removal contracts requiring awarded contractors to clear all snow from crosswalks passing through islands or barriers within 24 hours after snowfall ends.

Councilor Kathleen M. Toomey request installation of street lights in Innovation Drive.

Councilor Kathleen M. Toomey request installation of street lights in Research Drive.

Dean Schneyer request to properly repair driveway apron in front of 56 Julien Avenue, which was damaged when Julien Avenue was made public.

Steven Paquette request installation of a catch basin or street drain on Vinton Street.

Robert Lenhardt request "Dead End" sign be installed on Biltmore Road at the intersection with Moreland Road.

Councilor Tony Economou on behalf of Diane Mohieldin-Swartz request the bus stop on the easterly side of Gold Star Boulevard, opposite Honey Dew Donuts, be removed in the interest of public safety.

Luis Roman et al request 30 minute parking in front of 273 Lincoln Street be removed and resident permit parking be put in its place.

Councilor Philip P. Palmieri on behalf of George and Aurelia Coleman request installation of one (1) handicap parking space in front of 20 East Park Terrace.

Jo Hart request City of Worcester immediately institute a new land-use public-vision item (independent of Planning & Regulatory Services) so the public can bring up or call in imperiled items before it is too late.

Transmitting a communication relative to an evaluation of Pupil Transportation Services and enclosed report from the School Bus Consultants, LLC regarding "Student Transportation Services Effectiveness and Efficiency Assessment".

FROM THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - Request City Manager assist in identifying a new coordination in the delivery of public services as part of the annual review in future block grant fund processing.

FROM THE COMMITTEE ON PUBLIC WORKS - Request Commissioner of Public Works & Parks look into the illegal dumping taking place at the property that abuts Baltic Rd. and Gloucester Rd.

Request City Manager review the city-owned open lot near the South Worcester Neighborhood Improvement Center for the use of community growing and winter production. (Rivera)

Request City Manager communicate with appropriate state officials and request they consider installing directional signage for motorists from Plantation Street through Research Drive to their new and expanded Worcester Recovery Center and Hospital facility. (Toomey)

Request City Manager request City Solicitor provide the City Council with information regarding setting forth the maximum fine available for the prosecution of the theft of the bronze plaque from the Posner Square Veterans’ Marker and whether or not this theft can be considered vandalism of private property or the desecration of a public veteran’s memorial, thus triggering additional punitive actions. (Toomey)

Request City Manager request the Director of Planning provide the City Council with the parking space requirements for the potential uses in the Downtown Overlay District. (Bergman)

Request City Manager inform City Council regarding the status of a previous request concerning 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 Massachusetts General Laws pertaining to research and development. (Toomey)

Request City Manager report on the cost of providing OPEB benefits to School Department retirees and the current budget liability inclusive of grant funded positions. (Lukes)

Request City Manager initiate a plan for Streetscape improvements in the Pleasant Street corridor interfacing with the many small business owners so that their concerns can be incorporated into the design and construction. (Palmieri)

ORDER OF TAKING FOR SEWER LOCATION: KNAPP AVENUE

ORDER OF TAKING FOR SEWER LOCATION : LUTHER AVENUE

ORDER OF TAKING FOR SEWER LOCATION: MYRICK AVENUE

ORDER OF TAKING FOR SEWER LOCATION: PELICAN AVENUE

ORDER OF TAKING FOR SEWER LOCATION: PHOEBE WAY

ORDER OF TAKING FOR SEWER LOCATION: TORONITA AVENUE

Benson Gould, LSP, LEP, Principal of CMG Environmental, Inc., transmitting communication notifying City Council that CMG Environmental, Inc. has prepared a draft "Notice of Activity and Use Limitation" (AUL) for the parcel of land known and numbered as 112R Grove Street.

Edward M. Augustus, Jr., City Manager, transmitting communication in response to the request of the City Council for a legal opinion concerning the need for an evaluation of City Manager.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Robert Mikulski request abatement of street assessment #25283, in the amount of $12,106.00 for Monticello Dr.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $6,053.00.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Aslan King request abatement of street assessment #25318 in the amount of $16,059.61 for Corrine St.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $9,384.65.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lenora Karwiel request abatement of street betterment assessment #25334 in the amount of $6,316.59 for Corrine St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Douglas Tufts request abatement of street betterment assessment #25284 in the amount of $12,106.00 for Monticello Dr.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $2,421.20.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Thomas & Barbara Sobolewski request abatement of street betterment assessment #25280 in the amount of $13,057.53 for Monticello Dr.: recommend adoption of the accompanying Order for partial abatement resulting in a new assessment of $951.53.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of David Goparian request abatement of street betterment assessment #25279 in the amount of $12,106.00 for Monticello Dr.: recommend adoption of the accompanying Order for a partial abatement resulting in a new assessment of $474.56.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Kien T. Le request abatement of street betterment assessment #25282 in the amount of $16,343.10 for Monticello Dr.: recommend adoption of the accompanying Order for partial abatement resulting in a new assessment of $4,237.10.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Marie Grady request abatement of street betterment assessment #25143 in the amount of $5,103.24 for Chicopee St.: recommend adoption of the accompanying Order to abate in full.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Sharon Deraney request Bergin Lane be made public: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Peter Lukason request City to find solutions for the sewer system on Dawson Rd.: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Monthly Progress Report for the Upcoming 2014 Construction Season: 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 February 2014: 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 January 2014: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Upon the Report of the Planning Board upon the Petition of Krzysztof Gasiorski request to make public Baltic Rd.: recommend Report and Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Vincent Gencarelli request abatement of street betterment assessment #25322 in the amount of $5,156.40 for Corrine St.: recommend Petition be denied.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to provide handicap parking in front of 149 Providence Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 31 Shattuck Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 3 Allen Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 17-19 Shelby Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide resident permit parking for Biltmore Road on both sides from 5pm to 7am.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to remove resident permit parking in front of #1-4 Buckley Road.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking in front of 2 Oak Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to remove resident permit parking on Duxbury Road adjacent to 273 Lincoln Street. Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide 30 minute parking on Duxbury Road adjacent to 273 Lincoln Street.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zones 20’ on both sides of all Holy Cross entrances on College Street.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind No Parking Anytime in front of 36 Windham Street.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Nutmeg Drive at Parsons Hill Drive facing southbound traffic.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Batavia Street at Crowningshield Road facing northbound traffic.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Cheyenne Road at Marconi Road for westbound traffic. Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Mohave Road at Navajo Road for northbound traffic and southbound traffic. Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Navajo Road at Cheyenne Road for southbound traffic.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Dixfield Road at Deepdale Road both directions.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Dolly Drive at Miscoe Road for southbound traffic.

Amending Section 29 of Chapter 13 of the Revised Ordinances of 2008 providing for stop sign on Scarsdale Street at Wildwood Avenue for westbound traffic.

Communication of the City Manager transmitting communication relative to the Proposed Recodification of the Rules of the City Council. (Tabled Under Privilege - Gaffney May 13, 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)

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the recommended FY 2015 Water and Sewer Rate: recommend passage of the accompanying two proposed Ordinances. (Tabled Under Privilege - Lukes April 29, 2014 and Tabled May 6, 2014)

Motion Rushton @ #9a CC – Request the Standing Committee on Education, when meeting jointly with the School Committee’s Committee on Finance, consider as cost cutting measures in transportation the following: 1) mainstreaming some Special Education Students onto the conventional buses, and 2) revising the bus pick-up system in a way that would allow for fewer stops and further walking for students, within reason; all in the interest of cost savings which could be directed to the classroom.

Motion Gaffney @ #12b CC - That the City Council conduct an abbreviated annual evaluation of the City Manager and further, request the Standing Committee on Municipal Operations to determine the format.

Motion Petty @ #12b CC - That the City Council does hereby amend the City Council Meeting Schedule for 2014 by canceling the Annual Evaluation of the City Manager planned for June 24, 2014.

Motion Gaffney @ #15a CC – Request the Standing Committee on Rules and Legislative Affairs consider the amendments to the proposed Rules of City Council as enclosed.

Motion Gaffney @ #15a CC – Request the Standing Committee on Rules & Legislative Affairs submit a list of all Rules of City Council that are being recommended for elimination.

Motion Bergman @ #15a CC – Request the City Clerk post the rule regarding how the public should address City Council in a courteous manner outside the Council Chamber and further, incorporate it into the Clerk’s receipt of petition when implemented.

RESOLUTION – That the City Council of the City of Worcester hereby goes on record congratulating former City Councilor Paul P. Clancy, Jr. and his wife Patricia on their fortieth wedding anniversary. (Toomey)

Motion Toomey – Suspension of Rules – Request City Clerk create ID badges for City Councilors.

Motion Rivera – Suspension of Rules – Request City Manager meet and coordinated efforts with the organizing committee of the Saint Spyridon Church Festival to minimize any possible negative impacts to the event due to the city's construction.

PETITION – Councilor Frederick C. Rushton request street lights be installed on Howe Avenue.

Motion Rushton – Suspension of Rules – Request City Manager request Police Chief provide speed enforcement on Beaconsfield Road and Copperfield Road as the traffic moves towards Tatnuck Magnet School, especially during the morning hours.

Motion Economou – Suspension of Rules – Request City Manager provide assistance to find solutions to alleviate the speeding in Tyson Rd. such as issuing tickets instead of giving out warnings to drives violating the speed limit.

RESOLUTION – That the City Council of the City of Worcester hereby goes on record to thank David W. Clemons for service to the city as Director of Communications and Emergency Management. (Bergman)