CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, March 24, 2015

Esther Howland Chamber

Convened: 7:11 P.M.

Adjourned: 9:17 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 March 10, 2015.

Hearing: NATIONAL GRID for conduit location in: HARVARD ST. Granting permission to NATIONAL GRID for conduit location in: HARVARD ST.

Karen Dascenzo on behalf of Jeanette Ram request abatement of street betterment assessment #25375 in the amount of $11,910.15 for Pineland Ave.

Peter Huynh request abatement of street assessment #25335, in the amount of $12,801.95 for Yukon Ave.

Keith Holmberg request installation of resident permit parking on Austin St. from Winslow St. to Queen St.

Laud Acquaye request removal of handicap parking space on Beacon St. adjacent to 18 Hammond St.

Andrew Roy request the one way portion of Arthur St. be given a permanent winter parking ban designation.

Kwaku Boateng, Pastor Rhema Gospel Church International, request resident permit parking be removed on Mulberry St.

Jo Hart request City Council request City Manager immediately undertake a national search/hire for two new positions (using WRA funding): a City Planner and a Traffic Engineer Planner, who would be two highly qualified and forward thinking individuals to work as a new team for future planning.

Transmitting Informational communication relative to the appointments of Ken Asafo-Adjei and Dominic Warren to the Citizens Advisory Council.

Recommend adoption of an Order relative to a Conservation Restriction for the northern portion of 145 Harrington Way (aka Ecotarium West).

Transmitting informational communication relative to a summary of cable license fee payments received Since 2006, breakdown of allocation of those funds to PEG Entities, and balances of unexpended funds held by the City.

Recommend adoption of an order to amend the existing District Improvement Financing Program and to amend the CitySquare Project Permit Fees Ordinance.

Transmitting informational communication regarding the Starting a Business in Worcester Workshop Presentation.

Recommend adoption of an order to authorize the conveyance of the courthouse.

Transmitting informational communication relative to the redevelopment of a parcel of land in Washington Square.

Transmitting informational communication relative to how traffic flow could be affected should “No Left Turn” signage during peak traffic hours be installed on Drummond Ave.

Recommend adoption of a revised Order of Taking and Easements for Nelson Place School.

Transmitting informational communication relative to the Construction Progress Report for the month ending February 28, 2015.

Transmitting informational communication relative to residential drop-off centers - spring opening and electronics recycling event.

Transmitting informational communication relative to the 2015 Spring Sweeping Program.

Transmitting informational communication relative to potholes.

Transmitting informational communication relative to a "Save the Date" for the 2015 Arbor Day Celebration on the morning of Friday, May 1, 2015, at Green Hill Park with a time to be determined.

Transmitting informational communication relative to the spring 2015 park facility opening scheduled for April 17, 2015.

Transmitting informational communication relative to a legal opinion on the Dover Amendment.

Transmitting informational communication relative to request City Manager report to City Council concerning the process used by the city in timely permitting and approving the work done by private companies that are installing solar panels on city homes.

Transmitting informational communication relative to the measles outbreak in California from December 2014 through February 2015.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account #91C713D, Filtration Plant Modifications, and be appropriated to DPW Account #45C768, Water Filtration Plant, to allow for the payment of anticipated obligations associated with the Water Filtration Plant.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account #91C741G, Street Construction, and be appropriated to DPW Account #41C788, Truck Tunnel Improvements, to allow for the payment of current and future obligations as per the cash flow procedure.

Recommend that Fourteen Thousand Two Hundred Sixty Eight Dollars And Forty Six Cents ($14,268.46) be transferred from Loan Account # 91C7803A, Capital Equipment, when and as received, to Parks Account # 72C701, Parks Equipment, to allow for the purchase and future payment of needed capital equipment items.

Recommend that Nine Thousand Seven Hundred Dollars And No Cents ($9,700.00) be transferred from Account, #91C711D, Polce Capital Rehab holding, and be appropriated to Account #25C702, Police Department Building Rehabilitation.

Recommend that Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00) be transferred from Loan Account # 91C784V, Grant Square, and be appropriated to Parks Account # 72C70233, Northampton Street, to allow for current and anticipated contractual obligations.

Recommend that Two Hundred Fifty Thousand Dollars And No Cents ($250,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Burncoat St Playground, and be appropriated to Parks Account # 72C70207, Burncoat Street Playground, to allow for current and anticipated contractual obligations.

Recommend that Three Hundred Thousand Dollars And No Cents ($300,000.00) be transferred from Loan Account # 91C7844, Park Improvements - Ty Cobb, and be appropriated to Parks Account # 72C70241, Ty Cobb, to allow for current and anticipated contractual obligations.

Recommend that Two Hundred Thousand Dollars And No Cents ($200,000.00) be transferred from Loan Account # 91C784AE, Institute Park, and be appropriated to Parks Account # 72C70214, Institute Park, to allow for current and anticipated contractual obligations.

Recommend that Twenty Five Thousand Dollars And No Cents ($25,000.00) be transferred from Loan Account # 91C784AW, South Worcester, and be appropriated to Parks Account # 72C70213, South Worcester, to allow for current and anticipated contractual obligations.

Recommend that One Hundred Seventy Five Thousand Dollars And No Cents ($175,000.00) be transferred from Loan Account # 91C7842F, Harrington Way, and be appropriated to Parks Account # 7C70226, Harrington Way, to allow for current and anticipated contractual obligations.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from Loan Account # 91C784T, Hadwen Park, and be appropriated to Parks Account # 72C70245, Hadwen Park, to allow for current and anticipated contractual obligations.

Recommend that Thirty Five Thousand Dollars And No Cents ($35,000.00) be transferred from Loan Account # 91C784F, Betty Price, and be appropriated to Parks Account # 72C70244, Betty Price, to allow for current and anticipated contractual obligations.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C745K, Sewer Construction, and be appropriated to DPW Account #44C764, Sewer Pumping Station Capital Program, to allow for the payment of current and future obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C741B, Street Resurfacing, and be appropriated to DPW Account #41C741, Street Resurfacing, to allow for the payment of current and future obligations.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C7454, Sewer Reconstruction, and be appropriated to DPW Account #44C744, Sewer Reconstruction, to allow for the payment of current and future obligations.

Recommend that One Hundred Seventy Five Thousand Dollars And No Cents ($175,000.00) be transferred from Loan Account #91C7394, New Sewers, and be appropriated to DPW Account #44C750, Lateral Sewers/Interceptors, to allow for the current and future obligations to be met.

Recommend that One Hundred Thousand Dollars And No Cents ($100,000.00) be transferred from Loan Account #91C724A, Street Lighting Equipment, and be appropriated to DPW Account #41C712, Street Lights, to allow for the purchase and payment of anticipated lighting equipment and services.

Recommend that Seven Hundred Fifty Thousand Dollars And No Cents ($750,000.00) be transferred from Loan Account #91C741D, Street Construction, and be appropriated to DPW Account #41C796, Downtown Streets & Sidewalk Improvements, to allow for the payment of current and future obligations associated with this project.

Recommend that Two Thousand Eight Hundred Nine Dollars And No Cents ($2,809.00) be transferred from Loan Account #91C731A, Water Capital Equipment, and be appropriated to DPW Account #45C703, Water Capital Equipment, when and as received, to allow for the purchase and future payment of this equipment.

Recommend that Fifty Thousand Dollars and No Cents ($50,000.00) be transferred from Account #04C646, Open Space Preservation Fund, to Account #04S653, Crow Hill Open Space, for contribution to the EcoTarium’s new City Science exhibit

Recommend adoption of a resolution to accept with gratitude a donation of Thirty Thousand Dollars and No Cents ($30,000.00) for the Center for Public Health Practice.

Recommend adoption of a resolution to apply for, accept, and expend a grant from the Commonwealth Corporation for the YouthWorks 2015 Summer Jobs Grant Program.

Recommend adoption of a resolution to apply for, accept, and expend a grant from the US Department of Labor (DOL), Linking to Employment Activities Pre-Release Specialized American Job Centers Grant.

Recommend adoption of a resolution to apply for, accept, and expend a grant from the Health Foundation of Central Massachusetts’ Activation Fund.

Recommend adoption of a resolution to apply for, accept, and expend a grant in the amount of One Million Thirty One Thousand Eight Hundred Seventeen Dollars And No Cents ($1,031,817.00) from the Massachusetts Department of Public Health for Health & Medical Coordinating Coalitions.

Recommend that Two Million Two Hundred Sixty Six Thousand One Hundred Ninety Dollars And Twenty One Cents ($2,266,190.21) be authorized as the amount to be over-expended in Snow Account #411, so as to allow for current invoices to be processed and paid, and to allow for anticipated future snow costs to be met.

Recommend that Two Thousand Five Hundred Ninety Eight Dollars And No Cents ($2,598.00) be transferred from Account #29-33007, Damage Settlement Account, to Account #2602-92210, Worcester Fire Department Ordinary Maintenance.

Recommend that Four Thousand Three Hundred Twelve Dollars And Twelve Cents ($4,312.12) be transferred from Account #29-33007, Damage Settlement Account, to Account #260-92210, Worcester Fire Department Ordinary Maintenance.

Recommend that Fifty Thousand Dollars And No Cents ($50,000.00) be transferred from various CDBG accounts, and be appropriated to various CDBG accounts, to fund infrastructure improvements in the Union Hill neighborhood.

Recommend that Twenty Six Thousand Four Hundred Forty Four Dollars And Five Cents ($26,444.05) be transferred from Account #330-08, Reserve for Appropriations on Loan, to Account # 660-92000, Treasurer's Office Ordinary Maintenance, to fund the costs associated with the issuance of the City of Worcester's $10,577,000.00 Bond Anticipation Note dated February 26, 2015.

Amend Salary Ordinance of August 20, 1996 relative to Members of Local 495, NAGE.

Amend Salary Ordinance of August 20, 1996 relative to Non-Bargaining Unit Employees.

ORDER of Councilor Morris A. Bergman and Councilor Tony Economou - Request City Manager request the City Solicitor draft a Home Rule Petition forthwith with the following language to be presented to the City Council for a vote in April 2015: Notwithstanding the provisions of section three of chapter forty A of the General Laws, the city of Worcester is hereby authorized to regulate and restrict the use of land or structures for religious purposes and/or for educational purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation within all residentially zoned districts. (Tabled Under Privilege - Lukes March 17, 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)

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 Lukes @ #9.4B CM – Request City Manager provide City Council with a report concerning a $2,500,000.00 surplus in the City’s cable fund and why it is not being expended. Further, request City Manager request Charter Communications send the WCCATV local access channels back to their original slots.

Motion Petty @ #9.4E CM – Request City Manager provide Economic Development Committee, at its meeting on March 31, 2015, with information concerning the work done by Brady Sullivan Properties, LLC in other communities.

Motion Economou @ #9.4E CM – Request City Manager provide Economic Development Committee, at its meeting on March 31, 2015, with information concerning: 1) who is responsible for overseeing the Developer of the property located at 2 Main Street and their construction practices 2) whether or not the Developer and their contractors are carrying workman’s compensation insurance and not paying members under the table, and 3) determine if the Developer is following acceptable construction practices and safety measures to ensure safety for all parties involved.

Motion Rosen @ #9.4E CM – Request City Manager request Director of Economic Development work towards an agreement with Developer of 2 Main Street property to guarantee the hiring of a minimum of fifty (50) percent of its construction labor workforce from qualified local (within thirty miles of the property) companies or from qualified companies that provide apprenticeship programs.

Motion Rivera @ #9.4E CM – Request City Manager work with the Labor Coalition to gather information regarding concerns towards the labor practices of the proposed Developer of the 2 Main Street property and to inform the Economic Development Committee at its meeting on March 31, 2015 of their findings.

Motion Petty @ #9.4E CM – Request City Council, at its meeting on March 31, 2015, suspend its Rules to consider a prospective Report of the Standing Committee on Economic Development upon the Communication of the City Manager recommend adoption of an order to authorize the conveyance of the courthouse.

Motion Economou @ #9.6E CM – Request City Manager work through proper channels of the State Legislature to install a sediment basin for filtration of Ararat Brook where it flows into Indian Lake.

Motion Toomey @ #9.7B CM – Request City Manager use social media to inform the public of residential drop-off centers opening for the spring season.

Motion Rushton @ #9.8B CM – Request City Manager request Commissioner of Public Works and Parks consider flexibility in opening athletic fields as they become available for usage in the spring of 2015.

Motion Economou @ #9.13A CM – Request City Manager provide City Council with a detailed description of how the City of Cambridge uses its Dover Amendment. Further, request City Manager invite representatives from HUD to explain how the Dover Amendment is used in the City of Cambridge.

Motion Lukes @ #9.13A CM – Request City Manager request City Solicitor provide City Council with a report concerning any challenges to the Dover Amendment faced by the City of Cambridge pursuant to the uses they are trying to implement in terms of residential intrusions of entities.

Motion Russell – Suspension of Rules – Request City Manager look into tactical responses being undertaken by the Worcester Police Department regarding the recent murder in the Narragansett Ave. neighborhood.

RESOLUTION – That the City Council of the City of Worcester recognize Burncoat Senior High School’s Green Reapers robotics team for winning several regional competitions. (Toomey, Economou)

Motion Toomey – Suspension of Rules – Request City Manager provide City Council with a report concerning snow plow rates used by various towns and by the State of Massachusetts.