CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 17, 2015

Esther Howland Chamber

Convened: 7:04 P.M.

Adjourned: 9:02 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 March 3, 2015.

Hearing: NATIONAL GRID for electric conduit locations in: CAMBRIDGE ST./RICHARDS ST./ILLINOIS ST. Granting permission to NATIONAL GRID for electric conduit locations in: CAMBRIDGE ST./RICHARDS ST./ILLINOIS ST.

Mayor Joseph M. Petty read a Proclamation declaring March, 2015 as Brain Injury Month in the City of Worcester. The Proclamation was presented to Nicole Godaire and Margaret Rivera on behalf of the Brain Injury Association of Massachusetts.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. William Breault, Worcester resident
3. Ben Parker, Worcester resident
4. Beth Proko, Worcester resident
5. Mark Holland, Worcester resident
6. Deborah Steigman, Worcester resident
7. Sherry Lusardi, Worcester resident

Marcio Clerici request abatement of street betterment assessment #25376 in the amount of $10,029.60 for Pineland Ave.

Constance Bandes request a "Do Not Block Intersection" sign or a traffic light be installed at the intersection of Belmont St. and Oak Ave.

Helen Demers request Winter Parking Ban for Audubon Rd. be amended to allow parking on one side.

Mayor Joseph M. Petty on behalf of Rosalie Tirella request installation of blinking yellow light and a red light at the intersection of Ward and Richard Sts.

Councilor Morris A. Bergman request installation of Stop Sign in Winifred Ave. at Ellis Dr.

Alissa and Linda Brosnan request installation of "No Parking Here to Corner" signage on Lake Ave. where it intersects with Sandy Bar Dr.

NATIONAL GRID for conduit location in: HARVARD ST.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager add language to the agreement between the City of Worcester and Vision Development for rehabilitation of 8 Grafton Street to stipulate that the developer agrees to a decrease in the amount of the HDIP equal to a corresponding amount of additional federal and state historic tax credits anticipated.

FROM THE COMMITTEE ON ECONOMIC DEVELOPMENT - Request City Manager add language to the agreement between the City of Worcester and Vision Development for rehabilitation of 8 Grafton Street to restrict the sale in whole or in part to a non-profit entity who might qualify for a request to have exempted that portion of the property covered by HDIP from paying real estate taxes in years five through ten of the HDIP.

Request City Manager build funding for Police and Fire Classes into the Fiscal Year 2016 Budget. (Petty, Bergman)

Request City Manager request the Commissioner of the Department of Public Works & Parks in conjunction with MASS DOT work to create "Low Salt/Sand Use Zone" on the roadways that impact Indian Lake. (Economou)

Request City Manager to work with the state delegation and the administration to double the annual amount allowed as historic tax credits from $50 million to $100 million. (Palmieri)

Request City Manager request the City Solicitor draft a Home Rule Petition forthwith with the following language to be presented to the City Council for a vote in April 2015: Notwithstanding the provisions of section three of chapter forty A of the General Laws, the city of Worcester is hereby authorized to regulate and restrict the use of land or structures for religious purposes and/or for educational purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation within all residentially zoned districts. (Bergman, Economou)

Request City Manager and his Economic Development team contact L.L. Bean's management division at its flagship store in Freeport, Maine to let them know that downtown Worcester (or other areas of the city) would be a terrific place for one of the 80 new retail stores that they plan to open in yet-to-be determined cities during the next 5 years. (Rosen)

Request City Manager provide City Council with the results of the March 26 “Starting a Business in Worcester” workshop including: the name and address of each business in attendance, the resources being requested by each of the attendees and the tools offered by the administration to each of the attendees. (Rivera, Palmieri, Economou, Toomey)

Request City Manager provide the City Council with the names of the resources that are relied upon to identify potential and/or new business start-ups in the city. (Rivera, Palmieri, Economou, Toomey)

Request the City Auditor invite the City's independent auditors for an exit conference for the scheduled March 31 Council/Manager/Finance meeting to discuss the fiscal year 2014 management letter and fiscal year 2014 OMB-133 report. (Lukes)

Request City Manager invite the City's actuary for a presentation to discuss the recent OPEB valuation at the scheduled April 28th Council/Manager/Finance meeting. (Lukes)

Request City Manager report on the need or planning for the regulation of products based on powdered alcohol. (Lukes)

Request City Manager provide City Council with an update concerning the July 22, 2014 previously voted order as to whether or not all terrain vehicles and all related modes of transportation can be confiscated when used in an illegal manner. (Bergman)

Request City Manager and the Commissioner of Public Works and Parks consider providing assistance to private streets this spring as an emergency measure to fill in large holes that have occurred as a result of the extreme weather recently only when requested by residents and to allow emergency vehicles to get through. (Russell)

Request City Manager provide City Council with a report concerning issues surrounding Worcester State University and parking. (Rushton, Rosen, Petty)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Recommend adoption of a resolution to file an application to designate 8 Grafton Street as a Housing Development Certified Project: recommend adoption of the accompanying Resolution.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Quarterly Economic Development Report for December, 2014: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Quarterly Update Report of Economic Development Initiatives for September, 2014: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Economic Development Quarterly Report for June, 2014: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Quarterly Economic Development Report for March, 2014: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting Informational Communication Relative to the Quarterly Economic Development Report for September, 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Quarterly Update of Economic Development Initiatives for June, 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Communication of the City Manager Transmitting informational communication relative to the Economic Development Quarterly Report for March, 2013: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Philip P. Palmieri request installation of a 4-way stop in vicinity of the Lakeview School: recommend passage of the accompanying proposed Ordinance to provide for a stop sign on Agate Ave. at Anna St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Santa Mercado request installation of handicap parking space in front of 1 Spaulding St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Anna Quinones request installation of a handicap parking space in front of 8 Lakeside Ave.: recommend passage of the accompanying proposed Ordinance to place another handicap parking space opposite of 8 Lakeside Ave.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Yvette Swears request installation of a handicap parking space in the vicinity of 59 Cutler St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Yvette Swears request the handicap parking space in front of 29 Barclay St. be removed: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lloyd Keddy, Jr. request installation of a handicap parking space in front of 11 Moen St.: recommend passage of the accompanying proposed Ordinance to place another handicap parking space in front of 11 Moen St.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Frederick C. Rushton on behalf of Yansen Perez request installation of a handicap parking space in front of 103 Endicott St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Kimberly Etre request handicap parking space in front of 14 Dartmouth St. be removed: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Petition of Councilor Sarai Rivera request to reverse the winter parking ban on Newbury St.: recommend passage of the accompanying proposed Ordinance.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Quinn request installation of No Parking during the winter on the odd side of Sierra St.: recommend passage of the accompanying proposed Ordinance.

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 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)

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)

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)

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)

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)

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)

COMMUNICATION of the City Manager transmitting informational communication relative to the Brittan Square Parking Lot. (Tabled - Palmieri January 7, 2015 and January 13, 2015)

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)

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)

Motion Bergman @ #12a CC – Request City Manager request Vision Development, Inc. provide City Council with the development and marketing plan for the property located at 8 Grafton St.

Motion Toomey @ #11a CC – Request City Manager provide City Council with an update concerning staffing levels and projected retirements for the Worcester Police Department and Worcester Fire Department in order to fund an appropriately sized Police and Fire Classes for Fiscal Year 2016.

Motion Lukes @ #11d CC – Request City Manager request City Solicitor provide City Council, at its next meeting, with a legal opinion as to whether or not the City can regulate and restrict the use of land or structures for religious purposes and/or for educational purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation within all residentially zoned districts.

Motion Toomey @ #11d CC – Request City Manager provide City Council with a report outlining all properties taken off the tax roll over the last two years, a list of all property owners who made those purchases, as well as the amount of taxes lost.

Motion Gaffney @ #11d CC – Request City Manager request City Solicitor provide City Council with clarification as to whether or not there would be an effect on organizations that are not religious or educational, should the City file legislation similar to Chapter 565, Acts of 1979.

Motion Rosen @ #11d CC – Request City Manager provide City Council with a report as to how many cities and towns, since its passage in the City of Cambridge, have filed for special legislation similar to Chapter 565, Acts of 1979, with the State of Massachusetts and how many were successful.

Motion Lukes @ #11d CC – Request City Manager provide City Council with a list of the names of owners with tax-exempt properties, the addresses of those tax-exempt parcles, and the amount of taxes lost as a result.

Motion Lukes @ #11d CC – Request City Manager request City Solicitor provide City Council with information regarding any legal challenges faced by the City of Cambridge in relation to regulations and restrictions to tax-exempt properties, as well as a copy of any of the decisions.

RESOLUTION – That the City Council of the City of Worcester hereby goes on record thanking all those involved in organizing this year’s St. Patrick’s Day Parade event, including the St. Patrick’s Day Parade Committee, Steve Traynor, the Worcester Police Department, and those who removed snow from the parade route. (Toomey)

PETITION – Councilor Gary Rosen on behalf of the residents of Esper Ave. request installation of sewers on Esper Ave.

PETITION – Councilor Gary Rosen on behalf of the residents of Midgley Ave. request installation of sewers on Midgley Ave.

Motion Economou – Suspension of Rules – Request City Manager consider adding porta potties at Indian Lake and Shore Park from Memorial Day Weekend moving forward.

Motion Economou – Suspension of Rules – Request City Manager provide City Council with an update concerning the status of the Property Review Team that works through the Code Department.

PETITION – Councilor Rivera request crosswalk located at 50 Murray Ave. be repaired as soon as possible.

Motion Rivera – Suspension of Rules – Request City Manager agree to provide the Shepard King Neighborhood Association (SKNA) with input into the Bid-Selection process for the City owned property at 5 May Street prior to its disposition. Further, request City Manager commit to recognizing and ensuring that the successful bid be compatible with and respectful of neighborhood concerns.