CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, June 2, 2015

Esther Howland Chamber

Convened: 7:08 P.M.

Adjourned: 8:15 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.

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 May 19, 2015.

Attachments

Order adopted

 

5.

HEARINGS & ORDERS

5a.

Recessed Hearing: NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: TORY FORT LANE Granting permission to NATIONAL GRID and VERIZON NEW ENGLAND, INC for a joint pole location in: TORY FORT LANE

Attachments

Leave to withdraw at the Petitioner's request without prejudice

 

5b.

Hearing: CHARTER COMMUNICATIONS for a pole location in: WEST BOYLSTON DRIVE Granting permission to CHARTER COMMUNICATIONS for a pole location in: WEST BOYLSTON DRIVE

Attachments

Hearing & Order adopted

 

6.

FIRST ITEM OF BUSINESS

6a.

COMMUNICATION of City Manager Edward M. Augustus, Jr. transmitting quarterly update report of economic development initiatives.

Attachments

Referred to Economic Development Committee

 

7.

ITEMS OF PUBLIC INTEREST

7a.

Mayor Petty read a Proclamation declaring June 2, 2015 as St. Mary’s Assumption Albanian Orthodox Church Day. The Proclamation was presented to Greg Steffon, Co-Chair for the Albanian Festival.

Attachments

 

7b.

Mayor Petty recognized the following speaker:
1. William Breault, Worcester resident

 

8.

ITEMS OF DEPARTMENTAL OR EMPLOYEE INTEREST

9.

PETITIONS

9a.

John Kallas et al request Norton St. from Paine to the end at 18 Norton St. be made public.

Attachments

Referred to Planning Board

 

9b.

William S. Coleman on behalf of Robert Evans request installation of three (3) 15-Minute Parking spaces from 7 P.M. to 10 P.M. in front of 596 Main St. for a four month trial run.

Attachments

Petitioners William S. Coleman, III and Robert Evans spoke. Referred to Traffic and Parking Committee

 

9c.

Miguel Perez request removal of handicap parking space in front of 8 Lakeside Ave.

Attachments

Referred to Traffic and Parking Committee

 

9d.

Luz Figueroa et al request installation of resident permit parking on Fox St.

Attachments

Referred to Traffic and Parking Committee

 

9e.

Arthur Jarrett request handicap parking space on William St. side of 69 West St. be relocated to in front of 46 William St.

Attachments

Referred to Traffic and Parking Committee

 

9f.

Lourdes Pagan request installation of handicap parking space in front of 6 Moen St.

Attachments

Referred to Traffic and Parking Committee

 

9g.

Councilor Morris A. Bergman on behalf of Judith Griffin request installation of posted speed limit and thickly settled signs in Heard St. at Cowden St.

Attachments

Referred to Traffic and Parking Committee

 

9h.

Minh Bui et al request repair of tennis courts located at: 1) Morgan Landing Park; 2) Pleasant Street Court and; 3) Institute Park.

Attachments

Referred to Youth, Parks and Recreation Committee

 

10.

CHAIRMAN'S ORDERS

10a.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with the job description for the Emergency Dispatch position. (Toomey)

Attachments

Order adopted

 

10b.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Chief Financial Officer provide City Council with the total dollar amount for raises within the FY2016 Budget. (Gaffney)

Attachments

Order adopted

 

10c.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Commissioner of Inspectional Services create a tutorial video demonstrating how to use the online permitting application and place this video of the city’s website. (Toomey)

Attachments

Order adopted

 

10d.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Commissioner of Inspectional Services review new ordinances in other Massachusetts communities such as Revere and proposed legislation concerning the rental of rooms in private residences and make recommendation for improving our local ordinances if found necessary to do so. (Toomey)

Attachments

Order adopted

 

10e.

FROM THE COMMITTEE ON FINANCE - Request City Manager initiate basic marketing techniques for promoting the city such as using welcoming signage for events and visitors. (Lukes)

Attachments

Order adopted

 

10f.

FROM THE COMMITTEE ON FINANCE - Request City Manager provide City Council with additional details concerning the budget for marketing the city. (Russell)

Attachments

Order adopted

 

10g.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the City Solicitor report to City Council whether or not the vote of City Council relative to wage adjustments for civil weddings was contingent upon these wage adjustments being offset by collected revenues. (Lukes)

Attachments

Order adopted

 

10h.

FROM THE COMMITTEE ON FINANCE - Request City Manager request the Chief Financial Officer report which departments, when comparing with the FY2015 budget, have had a reduction in their FY2016 budget recommendation and the reason for the reduction. (Lukes)

Attachments

Order adopted

 

10i.

FROM THE COMMITTEE ON FINANCE - Request the Superintendent of Worcester Public Schools provide City Council the audit regarding student transportation and further, report what the “major savings” were, as mentioned in the School Committee Member John Monfredo’s report, regarding the audit. (Gaffney)

Attachments

Order adopted

 

10j.

FROM THE COMMITTEE ON FINANCE - Request the Superintendent of Worcester Public Schools provide City Council with a report in six months as to how the Worcester Public Schools is meeting the funding needs of low-income and ELL students. (Lukes)

Attachments

Order adopted

 

10k.

FROM THE COMMITTEE ON FINANCE - Request City Manager report whether or not the restrictions of the Green Trust have expired since more than 50 years have elapsed since its execution and further, report the intentions of the trust. (Lukes)

Attachments

Order adopted

 

10l.

FROM THE COMMITTEE ON FINANCE - Request City Manager report the number of claims by the city for damages to city infrastructure, such as streetlights, traffic signals, street signs, hydrants etc…, filed against insurance companies but not settled. (Toomey)

Attachments

Order adopted

 

10m.

FROM THE COMMITTEE ON FINANCE - Request City Manager take all avenues to maximize revenues at the clubhouse and functions operation at the Green Hill Golf Course. (Economou)

Attachments

Order adopted

 

11.

ORDERS

11a.

Request City Manager request Commissioner of Public Works and Parks install signage at all City parks depicting a list of the most common park-use restrictions. (Economou)

Attachments

Order adopted

 

11b.

Request City Manager report on the status of posting current health inspection reports in restaurants and other food service entities and posting said current reports on the city web site. (Lukes)

Attachments

Order adopted

 

11c.

Request City Manager report on the implementation of crowd sourcing on the City's web site. (Lukes)

Attachments

Order adopted

 

11d.

Request the Mayor designate a day in June to recognize Sarah E. Wall (brief biography attached), and further, request the City Manager collaborate with the Worcester Historical Museum to develop a list of “endangered persons of historical significance to Worcester” and to develop a method of remembrance and education regarding same. (Bergman)

Attachments

Order adopted

 

11e.

Request the Mayor consider appointing a task force concerning private street conversions to deal with the issues of payment, the environment and public safety. (Palmieri)

Attachments

Order adopted

 

11f.

Request City Manager request the Administrator of the Worcester Regional Transit Authority to update the City Council concerning the Charlie Card for Worcester seniors and whether or not the card may be dispensed at various senior housing complexes across the city. (Palmieri)

Attachments

Order adopted

 

11g.

Request City Manager update City Council concerning progress at the Mid-Town Mall. (Palmieri)

Attachments

Order adopted

 

12.

COMMUNICATION

12a.

Communication of City Manager Edward M. Augustus, Jr. transmitting the list of vacant positions included in the Fiscal Year 2016 Budget.

Attachments

Placed on file

 

13.

REPORT OF THE COMMITTEE ON EDUCATION

13a.

REPORT OF THE COMMITTEE ON EDUCATION Upon the Communication of the City Manager Transmitting informational communication relative to the Approval of the Massachusetts School Building Authority to Collaborate with the City of Worcester to Conduct a Feasibility Study for the Nelson Place School: recommend Communication be placed on file.

Attachments

Accepted

 

14.

REPORTS OF THE COMMITTEE ON TRAFFIC AND PARKING

14a.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Morris A. Bergman request installation of Stop Sign in Winifred Ave. at Ellis Dr.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14b.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mark Tivnan, et al request installation of resident permit parking on both sides of Chicopee St. from 50 Glendale St. to 919' traveling north: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14c.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard Powers request handicap parking space in front of 125 Perry Ave. be removed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14d.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Richard Powers request installation of handicap parking space in front of 178 Vernon St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14e.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rosa Dick request installation of a handicap parking space opposite of 11 Glenwood St.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14f.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mikerlange Jonathas on behalf of Midrack Saint-Fleur request installation of handicap parking space opposite of 16 Oread Pl.: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14g.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Teresa Phelan request the No Parking on Wellington St., between Murray Ave. and Main St., be removed and replaced with 2 hour parking 8AM to 6PM, with Parking allowed 6PM to 8PM be installed: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14h.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cedric Arno request the Winter Parking Ban on Berkeley St. in between Gage St. and Shamrock St. be moved from the even numbered side of the road to the odd numbered side: recommend passage of the accompanying proposed Ordinance.

Attachments

Voted to advertise proposed ordinance

 

14i.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Thomas Haddad request installation of a commercial loading zone in front of 207 & 209 Harding St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

14j.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request the parameters of the “No Passenger Zone” located in front of St Spyridon Cathedral, 102 Russell St., be reduced to an area from the street light in front of the property to the corner of Elm St.: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

14k.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of 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: recommend adoption of the accompanying Order.

Attachments

Accepted & Adopted

 

15.

ITEMS REASONABLY ANTICIPATED

15a.

ORDER: That the City Council, at its meeting on May 26, 2015, suspended its Rules in order to place on the agenda for June 2, 2015 the Report of the Standing Committee on Finance and the Communication from the City Manager transmitting the Fiscal Year 2016 budget document recommendation, #8.34B on City Council's agenda for May 12, 2015. REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of the City Manager transmitting the Fiscal Year 2016 budget document recommendation: Recommend adoption of the accompanying Order.

Attachments

Order adopted on a roll call vote of 10 Yeas and 1 Nay (Yeas - Bergman, Economou, Gaffney, Palmieri, Rivera, Rosen, Rushton, Russell, Toomey, Petty) (Nay - Lukes). Mayor Petty moved for reconsideration - Reconsideration Denied on a roll call vote of 0 Yeas and 11 Nays.

 

15b.

ORDER: That the City Council, at its meeting on May 26, 2015, suspended its Rules in order to place on the agenda for June 2, 2015 the Report of the Standing Committee on Finance and the Communication of the City Manager transmitting informational communication relative to the recommended FY16 water and sewer rates, #11a CC on City Council's agenda for May 19, 2015. REPORT OF THE COMMITTEE ON FINANCE Upon the REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the recommended FY16 water and sewer rates: recommend passage of the accompanying two proposed Ordinances.

Attachments

Accepted & Voted to advertise proposed two Ordinances on a roll call vote of 8 Yeas and 3 Nays. (Yeas - Bergman, Economou, Palmieri, Rivera, Rushton, Russell, Toomey, Petty) (Nays - Gaffney, Lukes, Rosen) Mayor Petty moved for reconsideration - Reconsideration Denied on a roll call vote of 0 Yeas and 11 Nays.

 

16.

TABLED UNDER PRIVILEGE

16a.

Communication of the City Manager transmitting informational communication relative to City owned properties and leases. (Tabled Under Privilege - Lukes May 26, 2015)

Attachments

Referred to Economic Development Committee

 

17.

TABLED ITEMS

17a.

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

 

17b.

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

 

17c.

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

 

17d.

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

 

17e.

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

 

17f.

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

 

17g.

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

 

17h.

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

 

17i.

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

 

17j.

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

 

18.

NEW BUSINESS UNDER SUSPENSION OF RULES

18a.

Motion Lukes @ #12a CC - Request City Manager provide City Council with a report by December 31, 2015 that lists what vacant positions in the FY 2016 budget have been filled, what positon are still unfilled and what positions are acting positions.

Attachments

Order adopted

 

18b.

Motion Lukes @ #16a CC - Request City Manager review the list of city owned properties and make recommendations as to what can or cannot be done with them and further, request the City Manager provide City Council with progress reports regarding 41 Piedmont St.

Attachments

Order adopted

 

18c.

PETITION - Councilor Gary Rosen on behalf of William Walsh and other residents of Heal Rd. request “No Parking during the winter months from December 1 to March 31st on both sides” (Winter Parking Ban) of the steep hill that runs down Healy Rd. from main St. to #4 Healy Rd.

Attachments

Referred to Traffic and Parking Committee

 

18d.

Motion Lukes – Suspension of Rules – Request City Manager request the City Solicitor to provide a legal opinion regarding the exclusion of anyone from observing the deliberations conducted pursuant to hearings by the city of Worcester and the Department of Justice and including but not limited to the members of the press. Mayor Petty moved to change Councilor Lukes motion to read as follows: Request City Manager come forward with common sense guidelines regarding the media by Monday, June 8, 2015 hearings being conducted by the city with the Department of Justice.

Attachments

Order adopted