CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 14, 2017

Esther Howland Chamber

Convened: 7:02 P.M.

Adjourned: 8:06 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 & STAR SPANGLED BANNER

2.

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

3.

PROCLAMATIONS, ACKNOWLEDGMENTS, MOMENTS OF SILENCE

3a.

Mayor Joseph M. Petty recognized the members Boy Scout Troop 99 from the Church of Jesus Christ of Latter-day Saints who were in attendance for the City Council meeting earning their Citizenship and Community Badges.

 

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 January 31, 2017.

Attachments

Order adopted

 

5.

PUBLIC PARTICIPATION - No speakers were recognized during this section of the agenda.

6.

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

6a.

Donna Barsamian request sidewalk repair at 5 Stoneland Rd.

Attachments

Referred to Public Works Committee

 

6b.

Donna Barsamian request installation of resident permit parking on Taylor St.

Attachments

Referred to Traffic and Parking Committee

 

6c.

Tennyson Pablo de Assis request removal of handicap parking space in front of 87 Plantation St.

Attachments

Referred to Traffic and Parking Committee

 

6d.

John F. Welcom request installation of handicap parking space in front of 22 Loring St.

Attachments

Referred to Traffic and Parking Committee

 

6e.

Councilor Gary Rosen on behalf of Jennifer Desroches request installation of a four-way stop sign at the intersection of Nevada St. and Monroe Ave.

Attachments

Referred to Traffic and Parking Committee

 

6f.

Councilor Candy Mero-Carlson request installation of “Thickly Settled” signage in Harrington Way.

Attachments

Referred to Traffic and Parking Committee

 

6g.

Councilor Candy Mero-Carlson request installation of signage prohibiting trucks from entering Granby Rd. and provide enforcement of the prohibition upon its installation.

Attachments

Referred to Traffic and Parking Committee

 

6h.

Jonathan Church, Administrator of the Worcester Regional Transit Authority, request installation of an inbound bus stop, near 701 Lincoln St., south side, 244' west of the Lake Ave. North intersection on pole #102.

Attachments

Referred to Traffic and Parking Committee

 

7.

CHAIRMAN'S ORDERS

7a.

FROM THE JOINT COMMITTEE ON VETERANS' AND MILITARY AFFAIRS AND EDUCATION - Request City Manager request Veterans’ Agent/Director contact each of the City’s legion posts for any ideas about what should be done for upcoming Veterans Day activities.

Attachments

Order adopted

 

7b.

FROM THE JOINT COMMITTEE ON VETERANS' AND MILITARY AFFAIRS AND EDUCATION - Request City Manager consult the inventory of City monuments organized by WPD Officer Sean Lovely to see how that information could be used in the planning of Veterans Day activities.

Attachments

Order adopted

 

7c.

FROM THE JOINT COMMITTEE ON VETERANS' AND MILITARY AFFAIRS AND EDUCATION - Request City Manager offer assistance to the School Committee in advocating for changes in the Foundational Budget Formula.

Attachments

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

 

7d.

FROM THE JOINT COMMITTEE ON VETERANS' AND MILITARY AFFAIRS AND EDUCATION - Request City Manager request City Solicitor provide City Council with information concerning what the McKinney-Vento Homeless Assistance Act entails and how the City complies with it.

Attachments

Order adopted

 

8.

CHAIRMAN'S RESOLUTION

8a.

FROM THE JOINT COMMITTEE ON VETERANS' AND MILITARY AFFAIRS AND EDUCATION - That the City Council does hereby go on record in support of changing the Foundational Budget Formula in a manner that would reflect the actual needs of the Worcester Public School System’s budget.

Attachments

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

 

9.

ORDERS

9a.

Request City Manager request Police Chief provide increased speed enforcement in Olean St. (Rosen)

Attachments

Order adopted

 

9b.

Request the Standing Committee on Public Service and Transportation hold an annual public hearing to discuss the overall quality of service, customer service and price points of Charter Communications. (Rosen)

Attachments

Referred to Public Service and Transportation Committee

 

9c.

Request City Manager request City Assessor add to every letter sent out denying a taxpayer's request for an abatement, the reason(s) why that request for tax relief was denied. (Rosen)

Attachments

Order adopted

 

9d.

Request City Manager submit a report to City Council stating the 250 highest salaries of city employees including the school department. (Lukes)

Attachments

Order adopted

 

9e.

Request City Manager provide City Council with a report concerning the city's need for increased enforcement of its policy of ticketing and towing illegally parked cars prior to and during storms in violation of declared winter parking bans. (Rosen)

Attachments

Order adopted

 

9f.

Request City Manager update the City Council as to the status of the lawsuit between the Town of Holden and the City of Worcester regarding sewer rates. (Gaffney)

Attachments

Order adopted

 

9g.

Request City Manager arrange for a funding mechanism for our new school buildings such as Nelson Place School and South High School. (Petty)

Attachments

Order adopted

 

9h.

Request City Manager report concerning the number of active employees who served in a civil service position as a provisional or a provisional promotion employee in the City of Worcester and what the process would be to make them permanent. (Petty)

Attachments

Order adopted

 

9i.

Request City Manager request Police Chief provide increased speed enforcement in Harrington Way. (Mero-Carlson)

Attachments

Order adopted

 

10.

RESOLUTIONS

10a.

That the City Council does herby recognize Esther Howland who is celebrated as the "Mother of the American Valentine Industry"; Esther Howland (1828-1904) was a Worcester native, artist and businesswoman and was instrumental in popularizing and mass-producing Valentine’s Day greeting cards in America. (Rosen, Bergman, Russell, Economou, Mero-Carlson, Petty, Lukes, Rivera, King, Toomey)

Attachments

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

 

10b.

That the City Council does hereby recognize the month of February as “BLACK HISTORY MONTH,” and urge all residents to join together in making this a period of rededication to the principles of justice and equality for all people. (King)

Attachments

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

 

11.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION

11a.

REPORT OF THE COMMITTEE ON PUBLIC SERVICE AND TRANSPORTATION Upon the Petition of Councilor Tony Economou on behalf of the residents of Great Brook Valley request the bench at the bus stop in the vicinity of the health clinic be reinstalled, as soon as possible: recommend Petition be placed on file.

Attachments

Accepted

 

12.

REPORTS OF THE COMMITTEE ON PUBLIC WORKS

12a.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Route 20 Sewer Extension Project: recommend adoption of the accompanying Order.

Attachments

Councilor Russell moved to recuse himself from the Report. Accepted & Adopted on a roll call vote of 10 Yeas and 0 Nays (Russell absent)

 

12b.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the FY17 Sidewalk Rehabilitation Program: recommend adoption of the accompanying Order approving selections of sidewalks for Districts 4 and 5.

Attachments

Accepted & Adopted on a roll call vote of 11 Yeas and 0 Nays

 

12c.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Report of the Planning Board Upon the Petition of Craig Blais, President New Garden Park, Inc. request the discontinuance and removal of a portion of the area known as Goddard St. as described as a private way from the Official Map: recommend Report of Planning Board be accepted and placed on file.

Attachments

Accepted

 

13.

TO BE ORDAINED

13a.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking In Front Of 1 Stone Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13b.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 19 New Vista Lane

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13c.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking In Front Of 33 Canterbury Street.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13d.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 77 Sterling Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13e.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend One Hour Parking To 15 Minute Parking On Merrick Street adjacent To 325 Pleasant Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13f.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Ashwood Street At Acton Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13g.

Amending Section 29 Of Chapter 13 Of The Revised Ordinances Of 2008 Providing For Stop Sign On Gambier Avenue At Acton Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13h.

Amending Section 43 Of Chapter 13 Of The Revised Ordinances Of 2008 To Amend The Winter Parking Ban On Abington Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13i.

Amending Section 68 Of Chapter 13 Of The Revised Ordinances Of 2008 To Make Sudbury Street One-Way Eastbound From Harvard Street To Eden Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13j.

Amending Section 68 Of Chapter 13 Of The Revised Ordinances Of 2008 To Make John Street One-Way Eastbound From West Street To Linden Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13k.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking On Carlstad Street Adjacent To 43 Kosta Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13l.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 9 Windsor Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13m.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking Across From 39 Wall Street.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13n.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 110 Farrar Avenue.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13o.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 11 Olga Avenue

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13p.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking In Front Of 17 Dryden Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13q.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 46 William Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13r.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking Across From 26 Benefit Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13s.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking In Front Of 27 Parker Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13t.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind Handicap Parking In Front Of 1 Judson Road

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13u.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 64 Wall Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13v.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 12 Schussler Road

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13w.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Provide Handicap Parking In Front Of 25 Wyman Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13x.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Install No Parking Anytime On Quinapoxet Lane

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13y.

Amending Section 42 Of Chapter 13 Of The Revised Ordinances Of 2008 To Rescind No Parking On Harding Street Adjacent To 26 Millbury Street

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

13z.

Amending Section 42 of Chapter 13 of the Revised Ordinance of 2008 to amend handicap parking in front of 11 Richmond Avenue.

Attachments

Ordained on a roll call vote of 11 Yeas and 0 Nays

 

14.

TABLED UNDER PRIVILEGE

14a.

COMMUNICATION of the City Manager transmitting informational communication relative to HUD Regulations governing the granting of funds to organizations engaged in politics. (Tabled Under Privilege - Gaffney February 7, 2017)

Attachments

Councilor Lukes moved to, “Request City Manager request entities receiving HUD funds that the City oversees implement a self-reporting process at the end of each Fiscal Year stating whether the entity had any political activities, what the activities were, what the cost was, what the in-kind services were, and what the funding source was.” Councilor Lukes moved to amend her above motion to read, “Request City Manager include in City’s contracts involving HUD funding language that states OMB Circular A-122 prohibits the expenditure of federal funds on any political activities.” (see Item #17c) Councilor Lukes’ motion denied as amended on a roll call vote of 1 Yea and 10 Nays (Yea – Lukes). Placed on file

 

14b.

COMMUNICATION of the City Manager transmitting informational communication relative to Marwood Road and Dorset Street flooding. (Tabled Under Privilege - Rosen February 7, 2017)

Attachments

Referred to Public Works Committee

 

15.

TABLED ITEMS

15a.

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

 

15b.

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

 

15c.

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

 

15d.

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

 

15e.

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

 

15f.

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

 

15g.

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

 

15h.

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

 

15i.

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

Attachments

No action taken

 

15j.

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

 

15k.

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

 

15l.

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

 

15m.

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

 

15n.

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

 

16.

BUSINESS UNDER SUSPENSION OF RULES - Item brought forth under suspension at the February 7, 2017 City Council meeting.

16a.

ORDER of Councilor Konstantina B. Lukes – Request City Manager include a notation on all resumes of individuals being confirmed for a Board or Commission that indicates the person is a resident of Worcester. – Item #15a Order adopted

 

16b.

ORDER of Councilor Tony Economou – Request City Manager request Commissioner of Public Works and Parks look into any public resources that are available for storage of materials used during conduit work at Clarence St./Chadwick St./Rosemont St., such as Francis McGrath Elementary School or Forest Grove Middle School. Further, request City Manager request Commissioner of Public Works and Parks consider where materials used during all conduit work will be stored overnight moving forward. – Item #15b Order adopted

 

16c.

ORDER of Councilor Konstantina B. Lukes – Request Standing Committee on Public Works meet with all utility companies that deal with conduit street construction to discuss the their processes for updating or installing new services to a business or the public. – Item #15c Referred to Public Works Committee

 

16d.

ORDER of Councilor Konstantina B. Lukes – Request City Manager broaden the scope of any conversations for the expansion of MBTA and Amtrak services to and from Worcester so that representatives from Rhode Island, Connecticut, Washington, D.C. and other surrounding areas are present. – Item #15d Order adopted

 

16e.

ORDER of Councilor George J. Russell – Request City Manager provide City Council with a report concerning what rules and regulations are currently in tact concerning recycling protocols in the City. – Item #15e Order adopted

 

17.

NEW BUSINESS UNDER SUSPENSION OF RULES - Item brought forth under suspension at the February 14, 2017 City Council meeting.

17a.

Motion Petty @ #9b CC – Request City Manager provide City Council with a service report concerning Charter Communications for the year 2016.

Attachments

Order adopted

 

17b.

Motion Lukes @ #9g CC – Request City Manager provide City Council with a report concerning the possibility of transferring the ownership of Union Station to Massport and using the Worcester Regional Airport as a model for Union Station.

Attachments

Order adopted

 

17c.

Motion Lukes @ #14a CC - Request City Manager include in City’s contracts involving HUD funding language that states OMB Circular A-122 prohibits the expenditure of federal funds on any political activities

Attachments

Order denied on a roll call vote of 1 Yea and 10 Nays (Yea - Lukes)

 

17d.

Motion Russell – Suspension of Rules – Request City Manager shovel out City-owned property in the vicinity of Lake Ave. and Sunderland Rd.

Attachments

Order adopted