CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, January 21, 2014

Esther Howland Chamber

Convened: 7:07 P.M.

Adjourned: 9:27 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 January 2, 2014.

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of January 7, 2014.

Mayor Petty recognized the following speakers:
1. Jim Bentsen, Millville, MA
2. Barbara Bentsen, Millville, MA
3. Pamela Steinberg, Worcester resident
4. Claire Donegan, Quincy resident
5. Patricia Burke, Millis resident
6. John Provost, Worcester resident
7. Jo Hart, Worcester resident
8. Luke Robert, Leicester resident
9. Leslie Saffer, Worcester resident
10. Len Zalauskas, Worcester resident
11. Steven Bayer, Shrewsbury resident

Mahmoud Soheili and Aliveza Avshadi request street name change for Olean Circle to Soheili Circle.

Robert and Karen Kett request the removal of the stop sign at Moreland Green Dr. and Ledgewood Ln.

Mike Hickey of Interline Brands, Inc. request the installation of additional truck prohibition signage in Lincoln St. inbound in the vicinity of Gilman St.

Lucien Guertin et al request to stop the devious practice of auctioning of tax liens on owner occupied properties and bring this for a vote.

John Dick et al request to speak before City Council in opposition to the National Grid Smart Energy Solutions Pilot Program.

Transmitting Informational Communication Relative to Constable Appointments.

Transmitting Informational Communication Relative to the Appointments of Jennifer Carey and Thomas Conroy to the Worcester Arts Council.

Recommend City Council Amend and Re-adopt a Resolution to Accept a MassWorks Infrastructure Program Grant from the Commonwealth of Massachusetts Executive Office Housing and Economic Development

Recommend Adoption of an Order Relative to a Lease Agreement for Parking at Major Taylor Garage by the U.S. Postal Service.

Transmitting Informational Communication Relative to the Construction Progress Report for the Month Ending December 31, 2013.

Transmitting Informational Communication Relative to the Issues of Graffiti.

Transmitting Informational Communication Relative to Potholes.

Recommend City Council Accept with Gratitude a Donation of Six Hundred Ten Dollars and No Cents ($610.00) from Skyhawks Sports Academy, Inc.

Recommend City Council Accept with Gratitude a Donation of Two Thousand Two Hundred Ninety Nine Dollars and Ninety Nine Cents ($2,299.99) from Park Spirit of Worcester.

Transmitting Informational Communication Relative to the Open Meeting Law.

Transmitting Informational Communication Relative to Henry and Madeline Martin v. City of Worcester Zoning Board of Appeals et al.

Recommend City Council Accept with Gratitude a Donation of Twenty Thousand Dollars and No Cents ($20,000.00) from Worcester Public Library Foundation to Purchase Books for Lilly, the New Mobile Library.

Transmitting Informational Communication Relative to Non Profit Exempt Properties.

Transmitting Informational Communication Relative to the City's Revenues and Expenditures Through November for Fiscal Year 2014, per the City's Five Point Plan.

Recommend Adoption of an Order for the Issuance of Refunding Bonds.

Recommend that One Hundred Fifty Thousand Dollars And No Cents ($150,000.00) be transferred as follows: $100,000.00 from Loan Account #91C7414, Street Construction/Sidewalks, and $50,000.00 from Loan Account #91C7411J, Street and Sidewalk, and that the total be appropriated to Account #41C797, Sidewalks to allow for the payment of current and future obligations.

Recommend that Sixteen Thousand Two Hundred Seventy Six Dollars And No Cents ($16,276.00) be transferred from Loan Account #91C7413J, McKeon Road, and be appropriated to DPW Account #41C728, McKeon Road Project, to allow for the payment of current and future obligations as per the cash flow procedure. (City Manager Augustus recused.)

Recommend that Ten Thousand One Hundred Ninety Six Dollars And Ninety Six Cents ($10,196.96) be transferred from the following , $10,133.39 from Account #91C7800A, Citywide Capital Equipment and $63.57, from Account #91C780, Citywide Capital Equipment, and be appropriated to Account #61C701, Administration & Finance Capital Equipment, for the purchase of new Pitney Bowes Mailing Equipment for the Treasury Division Mailroom operations, per the request of Mariann Castelli Hier, City Treasurer.

Recommend that One Hundred Sixteen Thousand Dollars And No Cents ($116,000.00) be transferred from Loan Account #91C7314, Water Capital Equipment, and be appropriated to Account #45C703, Water Capital Equipment, to allow for the purchase and future payment of this equipment per the cash flow procedure.

Recommend that Eight Hundred Sixteen Thousand Four Hundred Seventy Five Dollars And Fifty Cents ($816,475.50) be transferred as follows, so as to provide sufficient funding for the Off-Street Program for the Third Quarter of Fiscal Year 2014.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide two (2) handicap parking spots on Brantwood Road adjacent to 1010 Pleasant Street.

Amending Section 40 of Chapter 14 of the Revised Ordinances of 2008 to extend resident permit parking only on Elizabeth Street to include #19 Elizabeth Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to extend existing resident permit parking on Lyons Street to Shrewsbury Street.

Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for Resident Permit Parking on both sides of Buckley Road from 9A.M. to 2 P.M. Monday-Friday School Days Only, from Zenith Drive to Southerly Terminus of public way, and June Street to Northerly Terminus of public way. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Iroquios Street from Quissett Street to the westerly terminus of Iroquois Street from 9 A.M. TO 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Marcy Street from Zenith Drive to June Street from 9 A.M. to 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Quissett Street from Zenith Drive to Iroquois Street from 9 A.M. to 2 P.M. Monday-Friday School Days Only Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Wamsutta Avenue 9 A.M. to 2 P.M. Monday-Friday School Days Only between May Street and westerly terminus of public way, and Potomska Street to westerly terminus of public way. Amending Section 40 of Chapter 13 of the Revised Ordinances of 2008 to provide for resident permit parking on both sides of Zenith Drive from May St. to Quissett St. southerly intersection 9 A.M. to 2 P.M. Monday-Friday School Days Only.

Amending Section 29 of Chapter Two of the Revised Ordinances of 2008 relative to Amending the Permit and Inspection Fee Ordinance for the CitySquare Project.

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 Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

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) (Tabled - Lukes September 4, 2012)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order of Councilor Joseph C. O'Brien - Request City Council amend the Salary Ordinance of the Mayor to be equal to twice the salary of a City Councilor effective January 1, 2016: recommend adoption of the accompanying new Order that the salary of the Mayor be a yearly flat rate of $43,500, effective January 2, 2016. (Tabled - Germain December 10, 2013)

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)

REPORT OF THE COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES Upon the Chairman's Order from the Committee on Public Health & Human Services - Request City Manager request the City Solicitor review the Model Ordinance prohibiting the use of wild and exotic animals in traveling shows and circuses (see attached) and present to City Council a proposed ordinance for the city of Worcester relative to the same. Further, request City Manager develop a protocol involving an interdisciplinary process or oversight for implementation of the proposed ordinance to include Animal Control, Board of Health and Inspectional Services: recommend adoption of the accompanying Order as depicted above. (Tabled - Petty January 7, 2014)

Motion Rushton @ #5a CC – Request City Manager request Commissioner of Public Health review the material relative to Smart Grid technologies provided to City Council and report to City Council his opinion. Mayor Petty moved to amend: Further, request City Manager report the legal aspects of Smart Grid technologies, such as what the role of City Council and the Zoning Board of Appeals is, and how the Telecommunications Act applies to this project.

Motion Lukes @ #5a CC – Request City Manager create a report regarding how National Grid defines itself as a telecommunication company, what process they went through to become one and why it has any legal standing in front of the Zoning Board of Appeals.

Motion Bergman @ #5a CC – Request City Manager request the City Assessor provide a report as to what impact Smart Grid meters and towers have had to properties values in other city or towns throughout the country.

Motion Palmieri @ #5a CC – Request City Manager report as to the factual adverse health effects caused by smart grid meters or towers to other communities throughout the country.

Motion Toomey @ #5a CC – Request City Manager provide data concerning health impacts caused by power lines, cell phones or other devices so that this data can be used for a comparison against health impacts caused by smart grid meters or towers.

Motion Lukes @ #5a CC – Request City Manager report whether or not smart meters are taxable or exempt and also what is National Grid’s tax status in this city.

Motion Petty @ #5a CC – Request City Manager report as to the reasons why Connecticut, New Jersey, California or any other state or countries who have stopped smart grid programs. Further, report the reasons behind the state of Maine’s Lawsuit with Smart Grid.

Motion Petty @ #5a CC – Request City Manager report what training for health care workers have been offered relative to smart grid.

Motion Petty @ #7e CC – Request City Manager provide a report as to National Grids' plans in regards to minimizing noise complaints on Tory Fort Lane, including but not limited to the construction of sound barrier walls.

Motion Petty @ #7e CC – Request City Manager report as to the financial effect of Smart Grid meters on rates after the program is instituted.

Motion Russell @ #8.5A CM – Request City Manager provide a status report concerning the ongoing dispute between the hotel and Major Taylor Garage relative to parking spaces.

Motion Russell @ #8.5A CM – Request City Manager provide City Council with a report relative to the restaurant facility at the Major Taylor Parking Garage regarding equipment, funding and include a copy of the lease agreement. Further, request City Manager report why this lease did not go before City Council for approval.

Motion Toomey @ #8.5A CM – Request City Manager in a report calculate how charging an extra $1.00 for parking would affect how the Major Taylor Garage is funded.

Motion Rosen @ #8.23A CM – Request City Clerk provide City Council with a copy of the Mayor’s Social Service Task Force Report.

Motion Russell @ #8.23A CM – Request the Mayor and City Manager consider withdrawing support from business owners who have applied to site a medical marijuana dispensaries in Worcester unless the applicant is willing to make a commitment to make a taxable contribution to the city.

Motion Toomey @ #8.23A CM – Request City Manager look at what can be done using home rule legislation to attract businesses and consider creating a program that gives the local colleges the opportunity to work with the Chamber of Commerce to bring businesses into Worcester that are complimentary to the needs of the schools, the students, and the residents.

Motion Economou @ #8.23A CM – Request City Manager request City Assessor provide City Council with a copy of a report entitled “Property Tax Exemptions for Non-Profits and Revenue Implications”.

Motion Palmieri – Suspension of Rules – Request City Manager put together a package for expansion of express trains to the city.

Motion Rosen – Suspension of Rules – Request the Standing Committee on Public Service & Transportation review the rates for services charged by Charter Communications and make sure the company is providing senior citizens and others who qualify with any discounted rates or plans available.

Motion Rosen – Suspension of Rules – Request City Manager request the Traffic Engineering Division synchronize to avoid long traffic backups at the two sets of lights at Pleasant St./Wrentham Rd. and Pleasant St./Moreland St.