CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, February 24, 2015

Esther Howland Chamber

Convened: 7:03 P.M.

Adjourned: 9:05 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 February 3, 2015.

Hearing: NATIONAL GRID for a conduit location in: HARRINGTON WAY Granting permission to NATIONAL GRID for a conduit location in: HARRINGTON WAY

Hearing: NSTAR for a gas main location in: LINCOLN ST. AND BOYLSTON ST. Granting permission to NSTAR for a gas main location in: LINCOLN ST. AND BOYLSTON ST.

Mayor Joseph M. Petty presented Kassandra Carpentier with a Key to the City for receiving the Ladies Intermediate Gold Medal at the U.S. Figure Skating Championship.

Mayor Joseph M. Petty read a Proclamation declaring January 30, 2015 as EITC Awareness Day in the City of Worcester. The Proclamation was presented to board member of the Worcester Community Action Council and former City Councilor Barbara Haller.

Mayor Petty recognized the following speaker:

1. John Provost, Worcester resident

James Ritchotte request installation of a sidewalk on the northwest side of Stafford St. from the Leicester Town Line to Ludlow St.

Cesareo Cortes request installation of a handicap parking space in front of 6 Sterling St.

James Ritchotte request installation of a crosswalk in Stafford St. at Havana Rd.

James Ritchotte request installation of a crosswalk in Stafford St. at Cuba Rd.

Melina Fauro request installation of resident permit parking in Richards St.

Councilor Sarai Rivera on behalf of Concepcion Cruz request installation of one handicap parking space in front of 15 Benefit St.

Michael Grandone request City Council to consider some real estate tax relief for commercial property owners who have their businesses "housed" within their own commercial property and have faced financial restraints due to the severe weather conditions this winter.

Jo Hart request an immediate citywide public meeting to develop new methods of snow removal for public safety and public access throughout the city.

Jo Hart request information on the status of the Junction Shops renovation for residential use.

William S. Coleman, III request City Council to establish a Standing Committee on Ethnic Affairs and Concerns of People of Color with a membership of five city councilors appointed by the Mayor.

William S. Coleman, III request City Council give special recognition to the Research Bureau for their presentation of "Worcester Almanac: 2015," a free, online collection of details and data facts of our City and its demographics.

Transmitting informational communication relative to the appointment of Donald Mallett as Constable.

Transmitting informational communication relative to the Opportunities Fair scheduled for Tuesday, February 24, 2015 from 5pm - 7pm in the Saxe Room of the Worcester Public Library.

Transmitting informational communication relative to a list of the top 250 wage earners from 2014.

Recommend adoption of an order to transfer jurisdiction and authorize the disposition of the real property located at 261 Clover Street.

Transmitting informational communication relative to the “Economic Development: 2014 Year in Review"

Recommend adoption of a resolution to to file an application to designate 8 Grafton Street as a Housing Development Certified Project.

Recommend adoption of an order to purchase a conservation restriction on Donker Farm, a 23+ acre parcel located at 0, 48R and 50 Tory Fort Lane.Refer to CCM Item 9.31H

Transmitting informational communication relative to making sure that the push button light at 1050-1060 Main St. is accessible to persons in wheelchairs or using mobility devices.

Transmitting informational communication relative to a winter status report for 2015.

Transmitting informational communication relative to the 2nd Annual Community Health Improvement Plan Progress Report.

Recommend adoption of a resolution to accept with gratitude a donation in the amount of Six Hundred Fifteen Dollars and No Cents ($615.00) from the Friends of Worcester Public Library.

Transmitting informational communication relative property tax exemptions available to veterans.

Transmitting informational communication relative to the Fiscal 2015 Abatement Process report.

Transmitting informational communication relative to the City's revenues through December for Fiscal Year 2015 per the City's Five Point Plan.

Transmitting informational communication relative to the most recent actuarial valuation of the City's Other Post Employment Benefits (OPEB) as prepared by KMS Actuaries, LLC.

Recommend that Sixteen Thousand Three Hundred Seventy Six Dollars And Twenty Cents ($16,376.20) be transferred from Account #91C711D, Police Rehabilitation, and be appropriated to Account #25C702, Police Rehabilitation, to pay for rehabilitation projects as approved in in the FY 2012 Capital Improvement Plan.

Recommend that One Hundred Twenty Nine Thousand Dollars And No Cents ($129,000.00) be transferred as follows: $50,000.00 from Loan Account #91C7413J, McKeon Road, and $79,000.00 from Loan Account #91C7414, Street Construction, and the total be appropriated to DPW Account #41C728, McKeon Road Project, to allow for the payment of a current invoice associated with the sidewalk and streetlighting work performed late last year.

Recommend that Ten Thousand Dollars And No Cents ($10,000.00) be transferred from Loan Account #91C7414, Guardrails, and be appropriated to DPW Account #41C798, Guardrails, to allow for the payment of current and future obligations associated with the repairs of guardrails throughout the city.

Recommend adoption of a resolution to accept with gratitude a $1,000.00 donation from the Young Adult Library Services Association to support a teen intern program.

Recommend adoption of a resolution to accept with gratitude a $500.00 donation from Southbridge Savings Bank for the Worcester Public Library's Summer Reading Program.

Recommend adoption of a resolution to file and accept a grant for Three Thousand Dollars And No Cents ($3,000.00) to provide Evidence Based Programs at the Worcester Senior Center.

Recommend adoption of a resolution to file and accept a grant from the Staffing for Adequate Fire and Emergency Response Program Grant.

Recommend adoption of the attached resolution to accept with gratitude a donation of Two Hundred and Fifty Thousand Dollars and No Cents ($250,000.00) from the Friends of Hope Cemetery.

Recommend City Council’s Authorization to create a revolving account, #26S503 at the limit not to exceed $2,500.00.

Recommend that Ninety Thousand Dollars And No Cents ($90,000.00) be transferred from Account # 270-91000, Communications Personal Services, to Account #270-97000, Communications Overtime.

Recommend that Sixteen Thousand Dollars And No Cents ($16,000.00) be transferred from Account #14S46639, Down Payment Assistance, and be appropriated to Account #14S47839, Matthew 25, to provide additional funding for the rehabilitation of 3 Benefit Terrace.

Recommend that Two Thousand Nine Hundred Thirty Seven Dollars And Seventy One Cents ($2,937.71) be transferred from Account # 330-07, Damage Settlement, and be appropriated to Account # 720301-92111, Parks Maintenance and Account # 720404-92111, Forestry Garage Repairs.

Recommend that One Hundred Seventy Six Thousand Four Hundred Eighty Four Dollars And Two Cents ($176,484.02) be transferred from Account #661-94201, Debt Service Principal, and be appropriated to Account #662-94101, Interest on Bonds, to re-appropriate funds to satisfy debt owed for the General Obligation Bonds.

Recommend that One Hundred Sixty Thousand Dollars And No Cents ($160,000.00) be transferred from Account #14S48538, CDBG Code Enforcement, and be appropriated to Account #14S40538, CDBG Senior Center, to provide additional funding for building improvements at the Worcester Senior Center.

Recommend that Nine Hundred Twenty Thousand Nine Hundred Eighty Six Dollars And Seventy Five Cents ($920,986.75) be transferred as recommended by Paul J. Moosey, Commissioner of Public Works and Parks, so as to provide sufficient funding for the Off-Street Program for the Third Quarter of Fiscal Year 2015.

Recommend that One Hundred Fourteen Thousand Dollars And No Cents ($114,000.00) be transferred from Account #33-009,Land Sales, and appropriated to Account # 043S401, NATL Div Grant to provide funding to support Donker Farm. The City is in collaboration with the Greater Worcester Land Trust to contribute 30% local match as previously accepted by council on June 10, 2014. Refer to CCM Item 9.4D

Recommend approval of a loan order in the amount of Three Million Two Hundred Fifty Six Thousand Dollars And No Cents ($3,256,000.00) be authorized and designated to an appropriate Sewer Loan Account # 91C745.

Transmitting informational communication relative to the most recent list of opportunities on City of Worcester boards and commissions.

Recommend City Council designate alternate City Official to exercise the powers, duties, rights and privileges vested in the office of the City Manager by the City Charter in any and all matters involving The United Way of Central Massachusetts.

Transmitting informational communication relative to the announcement of Reverend Richard R. Wright and Shirley A. Wright as the recipients of the Fourteenth Annual Caffrey Memorial Award.

Transmitting reports on compliance and internal controls received from the Certified Public Accounting firm of CliftonLarsenAllen, LLP for the year ended June 30, 2014 which include the GAO and OMB A-133 Reports and the Management Letter.

Transmitting financial statements of the Worcester Redevelopment Authority (WRA) for the six month period ended December 31, 2014.

Transmitting financial reports on a budgetary basis for results of operations for the General and Enterprise Funds (Schedules A through B) for the six months ended December 31, 2014.

Request City Manager consider having the specific state agency that constructed I-290 report to the city concerning the type of construction they employed and whether that might have undermined the integrity of Our Lady of Mount Carmel Church on Mulberry Street. (Palmieri)

Request City Manager request the Commissioner of Public Works & Parks conduct a review of the timing of the traffic lighting at the intersection of Park Avenue and Highland Street as the current new timing is potentially hazardous. (Lukes)

Request City Manager report on the advantages and disadvantages of creating a new position of Commissioner of Public Safety and report what would be the process for creating the position. (Lukes)

#12b CC June 17, 2014 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.

#11b CC November 18, 2015 COMMUNICATION of the City Manager transmitting unaudited financial reports on the budgetary basis for results of operations in fiscal 2014 for the General and Enterprise Funds (Schedules A through B). Also transmitting summaries of the activities in the Special Revenue, Capital Project and Trust Funds (Schedule C).

Timothy J. McGourthy, Executive Director for Worcester Regional Research Bureau, Inc. transmitting communication regarding "Worcester Almanac: 2015".

That the City Council does hereby acknowledge Lt. Governor Karyn Polito for her efforts to assist the city in using state equipment for snow removal on city streets and City Manager Edward M. Augustus, Jr. for reaching out to the small business community during these harsh winter weather events. (Palmieri)

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Communication of the City Manager recommending City Council Adoption of a Resolution to File and Accept Funding for the Worcester Pre-Disaster Mitigation Plan (PDMP): recommend Communication be placed on file.

Authorize the City Treasurer, with the approval of the City Manager, to issue off refunding bonds or notes of the City under and pursuant to Chapter 44, Section 21A of the General Laws, or any other enabling authority, for the purpose of refunding all or a portion of outstanding amounts of the bond issues of the City (the refunding Bonds).

That the sum of One Million Six Hundred Eighty Thousand Dollars And No Cents ($1,680,000.00) be appropriated to Account # 91C7111D, Citywide Building Rehabilitation, to fund the rehabilitation of the City’s regional emergency communication center to be located at 2 Coppage Drive, including the costs incidental and related thereto.

That the sum of Thirty Million Dollars ($30,000,000.00) be appropriated to Account #75C504, DCU Special District Improvements for the purpose of making improvements to the DCU Arena and Convention Center and its environs, including without limitation all necessary and related furnishings, furniture and equipment, and all other costs incidental and related thereto.

That the sum of One Million Dollars And No Cents ($1,000,000.00) be appropriated to Account #91C7114B, Worcester Public School, South High, MSBA Building.

Amending Chapter 11, Section 33 of the Revised Ordinances of 2008 relative to Smoke and Carbon Monoxide Inspections.

Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zones on both sides of Worcester State University Main Entrance on Chandler St. Amending Section 37q of Chapter 13 of the Revised Ordinances of 2008 to install Tow Away Zones on both sides of Worcester State University Main Entrance on May St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 36 Gates St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking across from 28 Lodi St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 2 Cohasset St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 25 Almont Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 3 Norman Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 23 Newbury St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 258 May St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide 15 Minute Parking on Vinson St. adjacent to 91 Rodney St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 191 Chino Ave. (Diagonal Parking).

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 9 Winslow St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking across from 47 Providence St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking in front of 104 Southgate St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 21-23 Hollywood St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide handicap parking on Leon St. adjacent to 188 Ingleside Ave.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to rescind handicap parking in front of 3 Flower St.

Amending Section 42 of Chapter 13 of the Revised Ordinances of 2008 to provide No Parking Anytime on the east side of Edward St. from Belmont St. to the driveway servicing 116 Belmont St.

Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to revise the winter parking ban on Marmion Ave. Amending Section 43 of Chapter 13 of the Revised Ordinances of 2008 to reverse the winter parking ban from the even side to the odd side of Marmion Ave. from Wilkinson St. to #10 Marmion Ave.

Amending Section 51 of Chapter 13 of the Revised Ordinances of 2008 to provide for a taxicab stand on Harding St. adjacent to the WRTA Bus Hub.

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)

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)

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)

Motion Russell @ #9.4A CM – Request City Manager report to City Council how TIF’s have assisted in creating jobs for the city’s local economy.

Motion Rivera @ #9.4A CM – Request City Manager include the Labor Coalition in discussions regarding construction at 18 Grafton St.

Motion Rivera @ #9.6A CM – Request City Manager designate someone from the administration to attend the next scheduled Neighborhood Meeting at 1050-1060 Main St. to address any concerns of residents.

Motion Toomey @ #9.24A CM – Request City Manager review Chart #4 in Item #9.24A on February 24, 2015’s City Council agenda.

Motion Lukes @ #9.33A CM – Request City Manager provide City Council with a list of all city’s creditors.

Motion Rosen – Suspension of Rules – Request City Manager replace the flag located at Lincoln Square WWI Memorial.

Motion Russell - Suspension of Rules - That the City Council hereby go on record expressing sympathies to the family of Former State Representative John Rucho, who recently passed away.