CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 17, 2017

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:36 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 Khrystian E. King
Konstantina B. Lukes Candy Mero-Carlson City Clerk
Susan M. Ledoux
Sarai Rivera Gary Rosen
George J. Russell Kathleen M. Toomey
 

City Hall - 455 Main Street Worcester, Massachusetts


1.

PLEDGE OF ALLEGIANCE

2.

STAR SPANGLED BANNER

3.

ROLL CALL - All present with the Mayor as the Chair.

4.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

4a.

MOMENT OF SILENCE in memory of Angela Prizio Demake, a longtime Worcester resident who continuously helped work and manage her family’s businesses, the Regatta Deli and the Wonder Bar, of which she recently co-founded. She passed away January16, 2017 at the age of 52.

 

5.

APPROVAL OF THE MINUTES

5a.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council Meeting of December 20, 2016.

Attachments

Order adopted

 

6.

PUBLIC PARTICIPATION

6a.

Mayor Petty recognized the following speakers:
1. Idella Hazard, Worcester resident
2. Frank Kartheiser, Worcester resident
3. Kelsey Lamoureux, Worcester resident
4. Dorian Consolmo, Worcester resident
5. Paul Barber, Worcester resident
6. Dave Peterson, Worcester resident
7. Sue Mailman, Worcester resident
8. Peter D’Angelo, Worcester resident

 

7.

HEARINGS & ORDERS

7a.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for jointly-owned pole location at: MORELAND ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for jointly-owned pole location at: MORELAND ST.

Attachments

Hearing held and recessed to January 24, 2017 at 7:00 P.M.

 

7b.

Hearing: NATIONAL GRID for a conduit and pad-mounted transformer location at: FOREST HILL & HICKORY DRIVE Granting permission to NATIONAL GRID for a conduit and pad-mounted transformer location at: FOREST HILL & HICKORY DRIVE

Attachments

Hearing held and recessed to January 24, 2017 at 7:00 P.M.

 

8.

PETITIONS - a Petitioner may speak up to three (3) minutes the first time their petition appears on an agenda

8a.

James Healy, WCS 100 Century Drive, Inc. request to amend the City of Worcester Zoning Ordinance, Article 1, Section 2, Definitions, by amending the definition of "Hospital or Sanatorium".

Attachments

Referred to Planning Board

 

8b.

Armando and Helen Lazzaro request abatement of street betterment assessment #25484 in the amount of $7,500.00 for Dominion Rd.

Attachments

Referred to Public Works Committee

 

8c.

Enver and Jemine Jaupaj request abatement of street betterment assessment #25495 in the amount of $5,159.00 for Beaver Brook Parkway.

Attachments

Referred to Public Works Committee

 

8d.

Angel Nieves request installation of a handicap parking space in front of 7 Clarence St.

Attachments

Referred to Traffic and Parking Committee

 

8e.

Councilor Sarai Rivera request installation of children advisory signage and "School Zone" signage in vicinity of Canterbury St. School.

Attachments

Referred to Traffic and Parking Committee

 

8f.

Anna Culton, Church Manager at The Journey Community Church, request permission to install directional signage to The Journey Community Church, 25 Belmont St., at three (3) locations (see attached).

Attachments

Referred to Traffic and Parking Committee

 

8g.

NATIONAL GRID for a pole location at: COLBY AVE.

Attachments

Hearing set for Tuesday, January 24, 2017 at 7:00 P.M.

 

9.

ORDERS

9a.

While the City seeks developers to restore and reuse the magnificent and historic Worcester Memorial Auditorium, request City Manager consider utilizing and showcasing it as the Worcester Public Market at the AUD. Planned, managed and maintained through collaboration with Worcester's colleges and their students, this indoor retail and farmers marketplace would allow vendors, new entrepreneurs, organizations and individuals to rent booth space to market their products and wares. (Rosen)

Attachments

Councilor Mero-Carlson moved to Table the Item Under Privilege. Tabled Under Privilege - Mero-Carlson

 

9b.

Request City Manager provide City Council with a report concerning what tax exempt entities are currently liable for the payment of real estate taxes, the amounts due and/or arrearages for the non tax exempt uses of their tax exempt properties. (Lukes)

Attachments

Councilor Lukes moved to amend whether non tax exempt owners whose property is used for tax exempt purposes are liable for a real estate tax and whether tax exempt owners who lease to another tax exempt entity, and get profits from that lease, are affected by the City’s real estate tax regulations. Order adopted amended

 

9c.

Request City Manager request Commissioner of Public Works and Parks explore the option of using Mass Core, Prison Industries for the purchase of and making of the City's signage, from stop signs to street signs and the like, as it may be an avenue of cost savings and a quicker turn around on production. (Economou)

Attachments

Order adopted

 

9d.

Request City Manager request Commissioner of Inspectional Services explore the possibilities of creating a small business review team for renovations to existing stores and new businesses in an effort to streamline the permitting process and shorten the time it takes to get from inspections to opening the new business. (Economou)

Attachments

Councilor Rivera moved to add her name as an author to the Item. Councilor Toomey moved to amend: “Further, request City Manager provide any documentation for the small business review team in different languages.” Order adopted as amended.

 

9e.

Request City Manager request Police Chief provide City Council with information regarding the number of motor vehicle accidents occurring on snow event days. (Bergman)

Attachments

Order adopted

 

9f.

Request City Manager provide City Council with a list of all problem properties in District 4 over the last three (3) years. Further, request City Manager provide said list to City Council on a quarterly basis. (Rivera)

Attachments

Councilor Gaffney moved to amend to provide the list for the entire City, sorted by district. Order adopted as amended

 

9g.

Request City Manager request Commissioner of Public Works and Parks clear out weeds along Lake Ave. North during construction of the new roadway prior to the reopening of the street. (Mero-Carlson)

Attachments

Order adopted

 

10.

COMMUNICATION OF THE CITY AUDITOR

10a.

Transmitting the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2016.

Attachments

Councilor Lukes moved to Table the Item Under Privilege. Tabled Under Privilege - Lukes

 

11.

COMMUNICATIONS

11a.

Edward M. Augustus, Jr., City Manager, transmitting an informational communication concerning the details of the Community Compact Cabinet’s Best Practice Program.

Attachments

Placed on file

 

11b.

Edward M. Augustus, Jr., City Manager, transmitting an informational communication relative to the details of the Massachusetts Department of Public Health Bureau of Substance Abuse Services Grant, including its requirements.

Attachments

Placed on file

 

12.

TABLED UNDER PRIVILEGE

12a.

ORDER of Councilor Gary Rosen - In light of the all the activity and development in downtown Worcester, accompanied by the opening of a significant number of residential and hotel units, request City Manager report to City Council concerning the current state of the retail business in that area and what the prospects are for expanded retail in the future. (Tabled Under Privilege - Rosen December 20, 2016 and January 10, 2017)

Attachments

Order adopted

 

12b.

ORDER of Councilor Gary Rosen - Request City Manager utilize the brainpower, creativity, organizational and problem-solving skills of service-minded students and professors at our local colleges to design projects leading to practical and cost-effective solutions to city problems. Among others, such projects might be in the areas of traffic and parking, trash and recycling collection, illegal dumping, amenities in our parks, cleaning up our bodies of water, improving mass transportation, combating drug use and addiction, and implementing the housing first model for homelessness. (Tabled Under Privilege - Rosen December 20, 2016 and January 10, 2017)

Attachments

Order adopted

 

12c.

COMMUNICATION of the City Manager transmitting informational communication relative to the 2016 Worcester Jobs Fund Progress Report. (Tabled Under Privilege - Rivera January 10, 2017)

Attachments

Referred to Economic Development Committee

 

12d.

COMMUNICATION of the City Manager recommend adoption of a resolution to apply for, accept and expend an Emergency Solutions Grant (ESG) in the amount of Fifty Thousand Dollars And No Cents ($50,000.00) to support Health & Human Services' homeless outreach with the Quality of Life Task Force. (Tabled Under Privilege - Gaffney January 10, 2017)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

12e.

COMMUNICATION of the City Manager recommend adoption of a resolution to file, accept and expend a grant in the amount of One Hundred Seventy Thousand Dollars And No Cents ($170,000.00) from the Massachusetts Department of Public Health (MDPH) Bureau of Substance Abuse Services (BSAS). (Tabled Under Privilege - Gaffney January 10, 2017)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

12f.

COMMUNICATION of the City Manager recommend adoption of a resolution to file, accept and expend a grant of up to Two Hundred Thousand Dollars And No Cents ($200,000.00) from Massachusetts Community Compact Cabinet for regionalization and efficiency of services. (Tabled Under Privilege - Gaffney January 10, 2017)

Attachments

Resolution adopted on a roll call vote of 11 Yeas and 0 Nays

 

12g.

ORDER of Councilor Michael T. Gaffney - Request City Manager arrange for an audit of any and all grants, funds, accounts, and other monies received, allocated, managed, under the control of, or the like by the Worcester Regional Chamber of Commerce and all documentation relative to the services the Worcester Regional Chamber of Commerce provides via said monies, to include a full review of the separation of finances of political activities and nonprofit activities. Further, the report shall include a review of any violations of campaign finance laws by the leadership of the Worcester Regional Chamber of Commerce, any candidate endorsements by the Worcester Regional Chamber of Commerce, and any donations made by the leadership of the Worcester Regional Chamber of Commerce to any member of the Worcester City Council. (Tabled Under Privilege - Gaffney January 10, 2017)

Attachments

Councilor Gaffney moved to amend the order to read as follows: Request City Manager stop issuing checks to the Worcester Regional Chamber of Commerce that should be issued directly to Worcester Regional Tourism Visitors Corporation and that the head of the Worcester Regional Tourism Visitors Cooperation should not be an employee of another agency and shall use best practices in determining the location of a facility particularly in regards to rent and other costs. Councilor Toomey moved to oppose the Order and its amendment. Councilor Rosen moved to file the original Order and vote on the amended Order. Councilor Russell moved to “Request City Manager provide City Council with a report, prior to the budget hearings, reviewing what other towns contribute to the Worcester Regional Tourism Visitors Corporation as well as all expenditures across the City.” (see Item #15b) Councilor Gaffney moved to withdraw the original Order and approve the amended Order. The City Solicitor, David Moore, rose to inform the City Council there was a City Charter issue with directing the City Manager to change the entity to which a check is issued to. Under the City Charter, the City Manager has the sole authority to bind the City in contracts and the City Council has no such purview. The City Manager has done that with the Worcester Regional Chamber of Commerce and because that is a legally binding instrument, it cannot be changed by any motion on the City Council floor. Order not put.

 

13.

TABLED ITEMS

13a.

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

 

13b.

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

 

13c.

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

 

13d.

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

 

13e.

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)

Attachments

No action taken

 

13f.

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)

Attachments

No action taken

 

13g.

COMMUNICATION of the City Manager transmitting informational communication on a quarterly update relative to the City of Worcester’s plan to implement improved strategies and policies that better serve and represent our diverse community. (Tabled Under Privilege - Lukes January 26, 2016 and Tabled - Petty February 2, 2016)

Attachments

No action taken

 

13h.

PETITION of Denise Healey request removal of granite borders placed by the City onto private properties on Plantation St., and placed instead in a City park. (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

13i.

PETITION of Denise Healey request removal of large planters clumped together on Plantation St. (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

13j.

PETITION of Denise Healey request the targeted second "makeover" of Shrewsbury St. be placed on hold until other city streets have had their first "makeover". (Tabled - Mero-Carlson February 9, 2016)

Attachments

No action taken

 

13k.

COMMUNICATION of the City Manager transmitting informational communication relative to a list of the non-profit agencies who keep their properties on the tax rolls. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

13l.

COMMUNICATION of the City Manager transmitting informational communication relative to a report listing properties that have been converted from commercial or industrial to residential. (Tabled - Gaffney May 24, 2016)

Attachments

No action taken

 

13m.

COMMUNICATION of the City Manager transmitting communication responding to City Council inquiry requesting City Manager submit an estimated assessor's recap comparing the proposed FY 17 tax levy with the current real estate assessments and the FY 16 assessed values. (Tabled Under Privilege - Lukes June 14, 2016 and June 21, 2016 and Tabled - Lukes July 19, 2016)

Attachments

No action taken

 

13n.

COMMUNICATION of the City Manager transmitting informational communication relative to legislation to regulate and restrict non-profit organizations in residentially zoned districts. (Tabled Under Privilege - Bergman September 20, 2016 and September 27, 2016 and Tabled - Bergman October 4, 2016)

Attachments

No action taken

 

14.

BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the January 10, 2017 City Council meeting.

14a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning information regarding anticipated revenues derived from the Green Hill Golf Course’s installation of a driving range as well as the consequences of reallocating any monies should the driving range not reach said anticipated revenues. – Item #20a Order adopted

 

14b.

ORDER of Councilor Michael T. Gaffney – Request City Manager provide City Council with a report concerning the details of the Massachusetts Department of Public Health (MDPH) Bureau of Substance Abuse Services (BSAS) grant including its requirements, if any. – Item #20b Order adopted

 

14c.

ORDER of Councilor Michael T. Gaffney – Request City Manager provide City Council with a report regarding the details of the Community Compact Cabinet’s Best Practice Program. – Item #20c Order adopted

 

14d.

ORDER of Councilor Kathleen M. Toomey – Request City Manager provide City Council with the new state regulations for the quality of repairs for streets opened up for utilities. – Item #20d Order adopted

 

14e.

ORDER of Councilor Konstantina B. Lukes – Request City Manager provide City Council with a report concerning the City’s protocols for when construction will be done in the vicinity of a business including if notice is given and what accommodations are made for the business. – Item #20e Order adopted

 

14f.

ORDER of Councilor Konstantina B. Lukes – Request City Manager check any HUD regulations regarding distribution and granting of funds to organizations that fit the definition of entities actively engaged in politics. –Item #20f Order adopted

 

14g.

ORDER of Councilor Sarai Rivera – Request City Manager request Commissioner of Public Works and Parks remove the snow intruding the bike path in Tainter St. – Item #20g Order adopted

 

15.

NEW BUSINESS UNDER SUSPENSION - Item brought forth under suspension at the January 17, 2017 City Council meeting.

15a.

Motion Lukes @ #12c CC – Request City Manager provide City Council with a report as to how much it costs for each participant to be trained in the Worcester Jobs Fund Progress program, including what collaborations take place with the program and a comparison with the Worcester Public Schools.

Attachments

Order adopted

 

15b.

Motion Russell @ #12g CC - Request City Manager provide City Council with a report, prior to the budget hearings, reviewing what other towns contribute to the Worcester Regional Tourism Visitors Corporation as well as all expenditures across the City.

Attachments

Order adopted

 

15c.

Motion Mero-Carlson @ #9c CC – Request City Manager provide City Council with a report concerning what cost savings, if any, would be realized if the City used Mass Core, Prison Industries for the purchase of and making of the City’s signage, as well as what effect this might have on the City’s collective bargaining agreement with 495.

Attachments

Order adopted

 

15d.

Motion Lukes @ #9d CC – Request City Manager provide City Council with exit interviews of small businesses leaving the City.

Attachments

Order adopted

 

15e.

Motion Petty @ #9g CC – Request City Manager request Commissioner of Public Works and Parks consider opening up the views of water bodies throughout the City.

Attachments

Order adopted

 

15f.

PETITION – Councilor Tony Economou on behalf of the residents of Cherokee Rd. request Cherokee Rd. be resurfaced.

Attachments

Referred to Public Works Committee

 

15g.

PETITION – Councilor Tony Economou on behalf of the residents of Mohave Rd. request Mohave Rd. be resurfaced.

Attachments

Referred to Public Works Committee

 

15h.

PETITION – Councilor Tony Economou on behalf of the residents of Woods Ave. request Woods Ave. be resurfaced.

Attachments

Referred to Public Works Committee

 

15i.

PETITION – Councilor Sarai Rivera request assessment of on-street parking in Beacon St. from Madison St. to Hammond St. so that parking be allowed on one side of the street, alternating from the odd and even side if necessary.

Attachments

Referred to Traffic and Parking Committee

 

15j.

Motion Rivera – Suspension of Rules – Request City Manager pickup of debris that has been left at the corner of Hitchcock Rd. and Freeland St.

Attachments

Order adopted

 

15k.

Motion Toomey – Suspension of Rules – Request City Manager request Commissioner of Public Works and Parks remove weeds at the intersection of Route 20 and Sunderland Rd.

Attachments

Order adopted

 

15l.

Motion Toomey – Suspension of Rules – Request City Manager work with MassDOT to provide signage for the dangerous blind spot at the intersection of Route 20 and Sunderland Rd.

Attachments

Order adopted