CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 1, 2015

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:34 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 November 17, 2015.

Hearing: LIGHTOWER FIBER NETWORKS LLC for a conduit location in: CHANDLER ST. Granting permission to LIGHTOWER FIBER NETWORKS LLC for a conduit location in: CHANDLER ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole relocation in MONMOUTH AVE. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole relocation in MONMOUTH AVE.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND INC. for a jointly-owned pole location in: MOWER ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND INC. for a jointly-owned pole location in: MOWER ST.

ELECTION - Matthew M. Bejune and James F. Comes were elected for six year terms beginning on January 1, 2016 and ending December 31, 2021.

Mayor Petty presented to Ed and Miriam Hyder a Certificate of Special Mayoral Recognition for the 40th anniversary of Ed Hyder's Mediterranean Market.

Mayor Petty read a Proclamation declaring December 5, 2015 as Fairway Beef Company Day. The Proclamation was presented to George and Carole Sigel.

Mayor Petty recognized the following speakers:
1. Ronal Madnick, Worcester resident
2. Gordon Davis, Worcester resident
3. Sally LaPorte, Worcester resident
4. Gwen Davis, Worcester resident
5. David Balian, Worcester resident
6. Kristen Waters, Worcester resident
7. Sonja Conner, Worcester resident
8. Leonard Zaluaskas, Worcester resident
9. Ruth Rodriguez, Worcester resident
10. John Provost, Worcester resident

Virginia Ryan request City Council adopt the Senior/Veterans Voluntary Work-Off Tax Program previously requested in 2008/2009.

Virginia Ryan request City Council lower the tax deferral rate from 8% to 2.5% to accommodate seniors in Worcester who are "House Rich and Income Poor".

Virginia Ryan request City Council increase the single/married income limits to reflect those of the Single Circuit Breaker and change the age requirement from 70 to 65 years.

Virginia Ryan request City adopt both the small business exemption and residential exemption as recommended by the AWARE coalition.

Virginia Ryan request City Council go on record supporting House Bill 2029, sponsored by Representative James O'Day and other state senators concerning notification of patient observation status.

Cheryl Assad-Tomcyzk of Boulevard Towing Inc. request "Truck Entering" sign be installed in east and west side of Franklin St., in the vicinity of 550 Franklin St.

Councilor Morris A. Bergman on behalf of Dorothy Riggieri request installation of a crosswalk in Belmont St. at Alvarado Ave.

John Parke et al request installation of two handicap parking spaces on the east side of 48-50 Alvarado Ave.

NATIONAL GRID for a conduit location in: IMPERIAL RD & SHREWSBURY ST.

Gordon Davis et al request City Council adopt attached policy of not arresting kids at school.

William S. Coleman, III request City Council congratulate students and families who have been accepted to colleges' early admission programs and wish them best of luck for their efforts.

William S. Coleman, III request opportunity to acknowledge the outstanding efforts of our Public Works Department for the removal of leaves throughout the city.

William S. Coleman, III request City Council acknowledge the outstanding community service and 81st birthday of Mr. George Sigel of Fairway Beef Company, a company that has been an outstanding community partner for over 65 years.

Request City Manager report to City Council with the response to the most recent increase in homelessness in the city. (Rivera)

Request City Manager report to City Council a plan for sheltering families and unaccompanied minors during the upcoming Winter months. (Rivera)

Request City Manager request the administration of Worcester State University to add additional on-campus parking spaces by paving some of their grass space along Chandler St., similar to what was done by the Worcester Public Schools at May St. School. (Rosen)

Request City Manager report to City Council concerning the advisability, safety and legality of city residents changing the character of their residential neighborhoods by listing their home or apartment on Airbnb, a website that allows people to rent rooms in their residences to guests for one or more nights. (Rosen)

Request City Manager request the Commissioner of Public Works & Parks provide the City Council with a prioritized listing of intersections in major arterials that need re-alignment. (Bergman)

Anthony Fracasso, Senior Vice President of Massachusetts Development Finance Agency (MassDevelopment) providing information on a public hearing to consider approval of a revenue bond financing for a Project being undertaken by Washington Heights Project located in Worcester.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board upon the Petition of Carl Foley, President Botany Bay construction Co., Inc. request to accept from the developer that portion of Botany Bay Rd. from June St. to the cul de sac on Botany Bay Rd. as public : recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor George J. Russell on behalf of Bill Hinson request repaving of sidewalks from 9 through 15 Caroline Street: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Charles Gatsios request sidewalk repair in front of 20 Brantwood Rd.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Khoai Huynh request sidewalk and driveway apron repair in front of 61 Harold St.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Kathleen Myshrall request apron repair on Salisbury St. between Newton Ave. North and Jamesbury Dr.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joseph and Sharon Penny request sidewalk repair in front of 155 King Philip Rd.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Joseph and Sharon Penny request water pipe protruding out to sidewalk at 155 King Philip Rd. be removed: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Michael Mondo request sidewalk replacement in front of 178 King Philip Rd.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Steven and Beth Dumas request sidewalk panels be reset in front of 90 Commodore Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ronald Samara et al request repaving of Oakwood Lane: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request Mill St. be resurfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request Frontenac Rd. be surfaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Anthony Torres request installation of a catch basin in front of his driveway, located at 40 Cheyenne Rd.: recommend adoption of the accompanying Order

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Doris Carter request installation of two (2) additional catch-basin drains in Maplewood Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Lawrence Quaye request the catch basin at the intersection of Wescott St. and Scandinavia Ave. be uncovered: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Brandon Fusaro of Twins Lawn Service on behalf of Coughlin Electrical Contractors, Inc. request approval to do a cityscaping project along Garden St. from Prescott St. to the far entrance of Coughlin Electrical Contractors, Inc. in accordance with Department of Public Works specifications and at petitioner's expense: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Dennis Conety request the existing granite marker in the sidewalk in front of 59 Cheyenne Rd. be lowered so that is level with the surface of the paved way in the interest of public safety: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Linda Rice request water shut off be reset at the end of the driveway at 69 Venus Dr.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Rod Lee, President of Webster Square Business Association, request for stone and brick repair work to the islands in Webster Square that are surrounded by Jeremiah's Inn and Bicycle Alley: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Eric Wells request a “Hydrant Marker” be added to the hydrant between 96 & 98 Bjorklund Ave.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Construction Progress Report for the month ending September 30, 2015: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Paul Foster request sidewalk repair in front of 170 King Philip Rd.: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Yvonne Chan request sidewalk repair in front of 11 Frank St.: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou on behalf of Paul Foster request sidewalk repair at 170 King Philip Rd.: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou request Lansing Ave. West, between Grove St. & Winter Hill Dr. be resurfaced: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request street resurfacing for Meadow Lane: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Tony Economou request street resurfacing for Volkmar Rd.: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen request Perrot St. be resurfaced: recommend Petitioner be given leave to withdraw

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Morris A. Bergman request a catch basin be installed in front of 31 Amanola Ave.: recommend Petitioner be given leave to withdraw

COMMUNICATION of the City Manager recommending City Council’s review, deliberation and adoption of an Order relative to the Elderly Exemption Program. (Tabled - Rushton November 24, 2015)

COMMUNICATION of the City Manager recommending City Council's authorization of the use of the Revolving Fund Accounts in Fiscal Year 2016, at the limits in each account. (Tabled - Rushton November 24, 2015)

COMMUNICATION of the City Manager recommending that One Million Two Hundred Eighty Eight Thousand Eight Hundred Forty One Dollars And No Cents ($1,288,841.00) be transferred to finalize the City's FY16 Annual Budget, and furthermore, recommend that One Million Six Thousand Five Hundred Four Dollars And No Cents ($1,006,504.00) in FY15 certified free cash be appropriated to various accounts. (Tabled - Rushton November 24, 2015)

COMMUNICATION of the City Manager transmitting informational communication relative to the Fiscal Year 2016 Tax Classification. (Tabled for Hearing November 10, 2015; Tabled - Rushton November 24, 2015)

VOTE TO SET TAX RATE FOR FY2016 (Tabled - Rushton November 24, 2015)

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)

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)

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)

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)

ORDER of Councilor Morris A. Bergman - Request City Manager request the City Solicitor provide City Council with a report concerning the status of the Home Rule Petition draft to aid Joseph Tortorelli as a result of errors made by the city of Worcester in applying tax payments. (Tabled - Bergman September 29, 2015)

ORDER of Councilor Konstantina B. Lukes request City Manager report on what plans are being formulated to defund Mosaic Cultural Center for failing to comply with state and federal wage laws and other non compliant actions, including inadequate delivery of services pursuant to their participation in the Prevention and Wellness Trust. (Tabled - Lukes November 17, 2015)

COMMUNICATION of the City Auditor transmitting communication regarding an audit of the administration of the Prevention and Wellness Trust Fund (PWTF) grant for all eleven organizations receiving funds. (Tabled Under Privilege - Lukes October 27, 2015 and November 10, 2015; Tabled - Petty November 17, 2015)

PETITION - Councilor Konstantina B. Lukes request City Council suspend its rules to permit the recording of her vote regarding the Resolutions as they appeared on the November 17, 2015 City Council agenda, items #12b & 12c, as follows: item #12b as a nay and item #12c as a yea. (Tabled - Petty November 24, 2015)

Motion Rivera - Suspension of Rules - Request City Manager provide City Council with a full demographic analysis of the Pleasant Street corridor that falls within the areas bounded by Austin Street, Park Avenue, Elm Street, and Main Street. Said report to include infrastructure, housing and commercial.

Motion Rivera - Suspension of Rules - Request the Police Chief have a police patrol in Crompton Park and surrounding area to monitor the park between 10:00 P.M. and 5:00 A.M.

Motion Toomey - Suspension of Rules - Request City Manager request the Commissioner of Public Works & Parks work with the MBTA to install reflective and/or flashing signage on both sides of the railroad bridge across Sunderland Road warning motorists/truck drivers of the clearance limits of the bridge.

PETITION - Councilor Kathleen M. Toomey request installation of a left turn prohibition for trucks only exiting Atlas St. onto Sunderland Rd.